USA v. Burdett

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-CR-14071-LIEBOWITZ/MAYNARD
UNITED STATES OF AMERICA,
Plaintiff,
v.
CHRISTOPHER BURDETT,
Defendant.
_________________________________/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE comes before me upon an Order of Reference. Having conducted a Change
of Plea Hearing, I recommend to the District Court as follows:
1. I convened a hearing to permit the Defendant to change his plea in this criminal
case on February 4, 2026.
2. At the hearing’s outset, I advised the Defendant of his right to have the District
Judge assigned to this case conduct this proceeding. I advised the Defendant that I was conducting
the Change of Plea Hearing at the request of the Defendant, the Defendant’s attorney, and the
Assistant United States Attorney assigned to this case. I advised the Defendant that the District
Judge assigned to this case will be the sentencing judge, will make all findings and rulings
concerning the Defendant’s sentence, and will schedule and conduct the Sentencing Hearing. I
advised the Defendant that he did not have to permit me to conduct this hearing but could request
a United States District Judge to conduct the Change of Plea Hearing instead. The Defendant, the
Defendant’s attorney, and the Assistant United States Attorney assigned to the case all agreed on
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the record and consented to have a United States Magistrate Judge conduct the Change of Plea
Hearing.
3. I conducted the plea colloquy in accordance with the outline set forth in the Bench
Book for District Judges.
4. There is a written Plea Agreement which has been entered into by the parties in this
case. DE 23. I reviewed the Plea Agreement on the record and had the Defendant acknowledge
that he signed the Plea Agreement. The Defendant indicated to me that he fully understands the
Plea Agreement.
5. The Defendant pleaded guilty to Count One of the Information. Count One
charges the Defendant with conspiracy to commit criminal offenses in violation of Title 18, United
States Code, Section 371. DE 1 at 3. Specifically, Count One charges the Defendant with
conspiracy to (a) make and present claims for the Biodiesel Mixture Credit upon and against the
United States and the IRS, knowing such claims to be false, fictitious, and fraudulent, in violation
of Title 18, United States Code, Section 287; and (b) transmit and cause to be transmitted by means
of wire and radio communication in interstate and foreign commerce, writings, signs, signals,
pictures, and sounds for the purpose of executing a scheme and artifice to defraud, and for
obtaining money and property by means of false and fraudulent pretenses, representations, and
promises, in violation of Title 18, United States Code, Section 1343. Id. at 4.
6. The maximum statutory penalties were announced on the record. The Defendant
acknowledged his understanding of the maximum statutory penalties that could be imposed against
him in this case.
7. The parties agree in the Plea Agreement to make certain recommendations to the
District Court regarding the sentence to be imposed in this case. I explained to the Defendant that,
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although the parties may agree to make these recommendations, they are not binding on the
Probation Office or the District Court, and the Defendant may not withdraw his plea based on the
District Court’s decision not to accept these or any other sentencing recommendations.
8. The Plea Agreement contains a provision regarding restitution, which was reviewed
with the Defendant. The Defendant agrees to make restitution in the amount of $2,857,029.00 to
ACT Fuels Inc., such amount to be joint and several with co-conspirator Royce Gillham in case
number 24-14046-CR-KMM, in addition to any other restitution ordered by the Court.
9. The Plea Agreement contains an appeal waiver in which the Defendant waives his
right to appeal the sentence imposed except under limited circumstances outlined in the Plea
Agreement. I explained the appeal waiver to the Defendant. The Defendant acknowledged that
he understands the appeal waiver, discussed it with his counsel, and understands that by entering
the Plea Agreement and entering a plea of guilty, he has waived or given up his right to appeal.
As a result, I recommend to the District Court that the Defendant be found to have knowingly and
voluntarily waived his right to appeal the sentence imposed except to the extent outlined in the
Plea Agreement.
10. The Plea Agreement contains a provision regarding forfeiture. The Defendant
agrees to forfeit to the United States any right, title, and interest to any property constituting or
derived from proceeds the Defendant obtained, directly or indirectly, as a result of the offense to
which he pled guilty, and any substitute property.
11. The parties submitted a written Acknowledgment of Offense Elements and
Stipulation as to and Factual Basis for Guilty Plea, (“Stipulation”) which was signed by counsel
for the Government, counsel for the Defendant, and the Defendant. DE 24. The essential elements
of the offense charged were read into the record. The Defendant acknowledged that he signed the
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Stipulation, understands it, and has had an opportunity to fully discuss it with his attorney. The
Defendant agreed that the Stipulation is true and correct and accurately sets forth the facts in his
case as he understands them to be. Counsel agreed that the Stipulation need not be read into the
record since the original has been signed by all parties, including the Defendant, and will be filed
with the Court. I find that the Stipulation sets forth each of the essential elements of the crime to
which the Defendant is pleading guilty.
12. Based on the foregoing and the plea colloquy that I conducted, I find that the
Defendant enters his guilty plea freely and voluntarily. I accept his guilty plea and recommend to
the District Court that it adjudicate him guilty of Count One of the Information.
13. The United States Probation Office will conduct a pre-sentence investigation and
will issue a report for sentencing purposes.
ACCORDINGLY, I recommend to the District Court that the Defendant’s plea of guilty
to Count One of the Information be accepted; that the Defendant be adjudicated guilty of the
offense to which he pleads guilty; that a Sentencing Hearing be conducted for final disposition of
this case; and that Defendant be found to have knowingly and voluntarily waived his right to appeal
the sentence imposed except to the extent outlined in the Plea Agreement.
The parties shall have fourteen (14) days from the date of this Report and Recommendation
within which to file objections, if any, with the Honorable David S. Leibowitz, the United States
District Judge assigned to this case. Pursuant to Rule 59(b)(2), Fed. R. Crim. P., failure to file a
timely objection to this Report and Recommendation waives the party’s right to review and bars
the party from attacking on appeal any legal rulings or fact findings contained herein.
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DONE AND SUBMITTED in Chambers at Fort Pierce, Florida, this 24th day of February,
2026.
________________________________
SHANIEK MILLS MAYNARD
UNITED STATES MAGISTRATE JUDGE
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