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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-20326-CR-KMM

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

ANDRE LORQUET 

Defendant.

_____________________________/

DEFENDANT’S REPLT TO THE GOVERNMENT’S RESPONSE TO 

OBJECTIONS TO REPORT AND RECOMMENDATION TO

DENY MOTION TO WITHDRAW GUILTY PLEA

Defendant, Andre Lorquet, files his reply to the government’s response to his 

objections to the Magistrate Judge’s report and recommendation to deny his motion 

to withdraw his guilty plea. 

In his objections to the Magistrate Judge’s report and recommendation, Mr. 

Lorquet argued that the Magistrate erred in finding that Mr. Lorquet’s motion to 

withdraw his guilty plea should be denied. That issue is fully briefed and pending 

before the Court. Mr. Lorquet maintains that the Magistrate Judge clearly erred in 

determining Mr. Lorquet voluntarily pled guilty. Mr. Lorquet maintains that the

record shows that he was pressured to plead guilty by his lawyer, he did not have 

the close assistance of counsel, and was threatened. That Mr. Lorquet could not 

specifically name those who threatened him does not change the fact that it is 

undisputed that there were others involved in the scheme charged in this case and 

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that Mr. Lorquet’s testimony about the threats was unrebutted. In sum, for the

reasons previously set forth, Mr. Lorquet respectfully requests that the Court 

sustain his objection and grant his motion to withdraw his guilty plea.

Next, is the issue of the newly discovered Brady evidence. In its response, the 

government asserts that the issue is moot because it will dismiss count 9, the 

aggravated identity theft count. That concession speaks volumes. Notwithstanding 

the Magistrate’s findings as to the voluntariness of the change of plea, it would be 

manifestly unfair and unjust for Mr. Lorquet to continue to be subjected to a 

conviction, and ultimately sentenced, for aggravated identity theft. There can be no 

doubt that, had Mr. Lorquet (or anyone in his position) known about the evidence

showing that CD was involved in Covid relief fraud, he would not have pled guilty 

to count 9. See Defendant’s Objections, ECF 100, at page 4 (citing cases). 

Wherefore, the Defendant Andre Lorquet respectfully requests that the Court

sustain his objections to the Magistrate Judge’s Report and Recommendation that 

his motion to withdraw his guilty plea be denied. 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on January 17, 2023, a true and correct copy of 

the foregoing has been furnished electronically via CMCEF to all counsel of record.

Respectfully submitted, 

BELL ROSQUETE REYES ESTEBAN, PLLC

Henry P. Bell

Fla. Bar No. 090689

999 Ponce De Leon Blvd. 

Suite 810

Coral Gables, Florida 33134

Telephone: (305) 570-1610

Facsimile: (305) 570-1599

Email: hbell@bresq.com

Counsel to Andre Lorquet

By: ____s/Henry P. Bell_____

Henry P. Bel

CC: Andre Lorquet – FDC Miami

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