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3:15-cr-00329-CRI
Date Filed 05/19/15
Entry Number 5
Cri-minal No:
Page 1 of 11
3:15-329
General Provisions
a.
That the defendant devised or intended to devise a
scheme to defraud or for obtaining money or property
3:15-cr-00329-CRI
by
Date Filed 05/19/15
means of
Entry Number 5
Page 2 of 11
fraudul-ents pret.enses,
false
representat ions , or promises that were maEerial; and
b.
that, for the purpose of execut.ing Ehe scheme. the
defendant lransmitted or caused L.o be transmiE.ted by
means of wire, radio, or television communication in
interstate or foreign commerce any writings,
signals, pictures, or
signs,
sounds.
The penalty for this offense i,s:
MAX
TMUM SENTENCE
THIS
COUNT
FINE OF $25O,OOO (18 U.S.C. S 3571)
AND/OR IMPRfSONMENT FOR NOT MORE THAN 20 YEARS AND A TERM
SUPERVISED RELEASE OF NOT MORE THAN
PLUS
A SPECIAL ASSESSMENT OF
$1OO.OO
OF
3 YEARS (18 U.S.C. S 3583)
(18 U.S.C. S 3013).
The Defendant understands and agrees t.hat. monetary
penalties Ii.e..
special assessments, rest.it.ution,
f i-nes
and ot.her paymenE.s required under t.he senlencel imposed by
t.he Court. are due immediately and subject to enforcement by
the united SEates as civil
judgments, pursuant to 18 UsC
S
3613. The Defendant also understands t.haL palment.s made in
accordance with install-ment schedul_es set by the Court. are
minimum payments onfy and do not preclude the government
from seeking to enforce t.he j udgment. against other asset.s
of the defendant at any Eime, as provided in 18 USC SS
361,2, 3613 and 3664 (m) .
.)
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Date Filed 05/19/15
Entry Number 5
Page 3 of 11
The Defendant further agrees to enter into the Bureau of
Prisons
Inmate Fj.nancj.al Responsibility
Program if
sentenced t,o a term of incarceration wiCh an unsatisf
monetary penalty.
The DefendanL furt.her underst.ands that
any monetary penafty imposed is
bankruptcy
A.
i-ed
not dischargeable in
.
Special- Assessment: Pursuant t.o 18 U.S.C.
S3013,
Ehe Defendant must pay a special assessment. of
$100.00 for each felony counL for which she is
convict.ed. This special assessment must. be paid
aE or before the time of t.he guilty pl_ea hearing.
B.
Restj.tuEion: The DefendanE. agrees to make fuII
rest.ituE.ion under 18 U.S.C. S 3556 in an amount
Eo be deEermj-ned by the Court. at the time of
sentencing, which amount is not limiEed t.o
counE (s) t.o which t.he Defendant pled guilty,
will
include restitution
identifiable
her
scheme
pursuant
Eo
to
Ehe
but.
each and every
vicEim who may have been harmed by
pat.tern of criminal activit.y,
U.S.C. S 3553.
The Defendant
agrees to cooperate fu11y wj_th the covernment. in
identifying all vict.ims.
3:15-cr-00329-CRI
C.
Date Filed 05/19/15
Entry Number 5
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Fines: The Defendant understands t.hat. the Court
may impose a fine pursuant to 1B U.s.C. SS 3571
and 3572.
3.
The Defendant understands that the obligations of the
Government within
Ehe Plea AgreemenE. are
expressly
contingent upon the Defendant's abiding by federal
and
sEaEe laws and complying with any bond executed in this
case. In the event that. the Defendant fails to comply with
any of the provisions of this AgreemenE.. either express or
implied, Ehe Government will have the right,
election,
at its sole
to void aLl of it.s obligations under t.his
Agreement and the Defendant will
not. have any right
withdraw her plea of guilt.y to the offense (s)
Eo
enumerat.ed
herein.
Cooperat.ion and Forfeiture
The Defendant. agrees t.o be full-y truthful
and forthright
with federal-, sEate and local 1aw enforcement, agencies by
providing fuI1, compleEe and truthful_ information about. a1f
criminal- act.ivities about which she has knowledge.
Defendant musE provide
debriefings about.
fu11.
L.hese unlawful-
The
complet.e and truthful
activj.ties and must fu11y
disclose and provide truthful information to the covernment.
including any books, papers, or d.ocuments or any ot.her
3:15-cr-00329-CRI
Date Filed 05/19/15
Entry Number 5
Page 5 of 11
items of evidentiary value to lhe investigation.
Defendant musE also testify
fulJ-y and truthfully
grand juries and at any trials
The
before any
or other proceedings if
ca11ed upon to do so by the GovernmenL., subjecE.
prosecut j-on f or per j ury
f
ail-ure of
f
or not testifying trut.hf ul_l-y.
Ehe Defendant to
be fuI1y
Lruthful
Eo
The
and
fort.hright. aE any sEage wil1, at. the sole election of the
Government, cause the obligatsions of the covernment within
this Agreemen! to become nuI1 and voj-d.
!'urther, it
expressly agreed that if the obl-igations of the
within this Agreement
become
is
Government
nuII and void due to the lack
of truthfulness on the part of Ehe Defendant, the Defendant
undersEands t.hat.:
a.
the Defendant will not be permitted to wit.hdraw
her plea of guilt.y Lo Ehe offenses described
above
b.
all
,'
additional charges known to the
may be
c.
filed in the appropriate district;
the Government will
for
Government
argue for a maximum sentence
the offense !o which the Defendant
has
pleaded guilty; and
Ehe Government will
use any and all information
and t.estimony provided by the Defendant pursuant
to
Ehis Agreement, or
any prior
proffer
3:15-cr-00329-CRI
Date Filed 05/19/15
Entry Number 5
Page 6 of 11
agreemenEs/ in the prosecut.ion of the Defendant
of all charges .
5.
The DefendanE agrees to
submj-t tso such pol-ygraph
examinations as may be requested by the Government. and
agrees thaE any such examinaEions sha11 be performed by
a
polygraph examj-ner selecEed by the Government. Defendant
further agrees that her refusal t.o take or her faifure
t,o
pass any such polygraph examination to the covernmenE's
satisfaction
wil-f
result,
at
Ehe Government's sole
discretion, in Ehe obligations of the Government within the
Agreement becoming nu11 and void.
6.
The Government agrees
that
any
self - incriminating
informat.ion provided by the Defendant as a resulE of the
cooperaEion required by the Eerms of
this
Agreement.,
a]though availab]e Eo the Court, will not be used against.
Ehe Defendant in determining the Defendant,s applicable
guideline range for
sent.encj-ng pursuant to
the
U. S.
Sentencing Commj-ssion Guj.detines. The provisions of t.his
paragraph shall
noE be applied to rest.rj-ct any
such
information:
a.
known
to t.he covernmenE prior t'o the date of
Agreement;
concerning the existence of prior convlcLions and
sentences,.
3:15-cr-00329-CRI
c.
Date Filed 05/19/15
Entry Number 5
Page 7 of 11
in a prosecution for perjury or giving a false
statement; or
in the events the Defendant breaches any of the
t.erms
of the
Pl-ea Agreement..
Provided Ehe Defendant cooperates pursuant to
the
provisions of this Pfea Agreement, and that. cooperatj-on is
deemed by
the
Government as
providing
substantial
assisEance in E.he investigaEion or prosecution of anot.her
person/ the Government agrees tso move the Court for
a
downward departure or reducEion of sentence pursuant to
United States SenEencing Guidelines
United Stsates Code, S
Procedure
35 (b)
.
3553
S5K1
.1,
Titl-e
18,
(e) or Federal- Rule of Criminal
Any such motion by the GovernmenE is not
binding upon Lhe Court, and should Ehe Court deny the
motion, the Defendant wiff have no right t.o withdraw her
plea.
Merger and Other Provieiong
The Defendant. and the covernment. stipulate and agree to the
following for
purposes of calculating
sentence pursuant to
Commission Guidef ines
a,
the
the Defendant.,s
United States
Sent.encj.ng
:
The loss amount for the defendant's fraud is between
$200,000-400,000;
-7-
3:15-cr-00329-CRI
Date Filed 05/19/15
Entry Number 5
Page 8 of 11
The Defendant understands that these stipulaL.ions are not
binding upon t.he CourE or Ehe Unj-t.ed States probation
Office, and that the Defendant has no right to wit.hdraw her
pl-eas should these stipulaEions not be accept.ed. Furt.her,
the Defendant understands and acknowledges t.hat these
stipulations are binding on the covernmenE only in the
event t.hat the Defendant. complies with ALL of the terms of
this Agreement and does not contest any of Ehe
above
stipulaEions or any readily provable relevant conducE.
The Defendant represenEs to Ehe court t.hat she has met with
her attorney on a
suf f icj-ent number
of occasions and for
sufficient period of time to discuss t.he Defendant,s
a
case
and receive advlce; Ehat the Defendant has been Erut.hful
with her aEEorney and refaEed all information of which the
Defendant. is
aware pertaining to Lhe case; that the
Defendant and her
defenses, if
atlorney
have discussed possible
any, Eo the charges in
the Information
including the exist.ence of any exculpat,ory or favorabfe
evidence or witnesses, discussed t.he Defendant,s right lo
a
public tri.al by jury or by the Court, the right to the
assist.ance of counsel throughout the proceedings, t.he right
to call- witnesses in t.he Defendant,s behalf and compel
their aetendance at trj-aL by subpoena, the right Lo
confront. and cross-examj-ne the government, s witnesses,
the
3:15-cr-00329-CRI
Date Filed 05/19/15
Defendant.'s right. Eo testify
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in her own behalf, or to
remain sil-ent and have no adverse inferences drawn from her
silence;
and t.hat. t.he Defendant, wilh the advice of
counsel/ has weighed Ehe relative
benef
it.s of a trial
by
jury or by the Court versus a plea of guilt.y pursuant to
t.his Agreement, and has ent.ered this Agreement as a matter
of the Defendant's free and vol-untary choice, and not. as
a
resuft. of pressure or j.nE.imidation by any person.
The DefendanE is aware that 18 U.S.C. S 3?42 and 28 U.S.C.
S 2255 afford every defendanE certain ri.ghts to contest.
conviction and/or
sent,ence.
Acknowledging those rj-ghts,
the Defendant., in exchange for the concessions
Government in this
a
made
by
Plea Agreement, waives the right
Ehe
to
contest either t.he convj-ct.j-on or Lhe sentence in any direct.
appeal or oEher post-conviction action,
i.ncluding
any
proceedings under 28 U.S.C. S 2255. (This waiver does not
apply to claims of ineffective assistance of counsel
prosecutor:-al- misconduct raised pursuant to 28 U.S.C.
2255 . \
11
The Defendant waives all right.s, whether asserted directly
or by a representat. ive , to requesE. or receive from any
department or agency of the United States any
records
pertaining to the investigation or prosecution
of this
case, incJ.uding without Iimitation any record.s
that may be
-9-
3:15-cr-00329-CRI
Date Filed 05/19/15
Entry Number 5
Page 10 of 11
sought under the Freedom of fnformation Act, 5 U.S.C.
S
552, or the Privacy Act of 1,9'74, 5 U.S.C. S 552a.
l-2. The parties hereby agree t.hat. this Plea Agreement contains
the ent.ire agreement. of Lhe part.ies; t,hat this
supersedes all
prior
Agreement
promlses, representations
and
statements of t,he partles; that this Agreement shaI1 not
be
binding on any party until the Defendant tenders a plea of
guilty to the court having jurisdict.ion over this mat.ter;
that this Agreement may be modified only in writlng slgned
by all
parties;
and that any and all
other promises,
representations and statements, whether made prior
to,
contemporaneous wlth or after this Agreement, are nu11 and
void.
3:15-cr-00329-CRI
Date Filed 05/19/15
Entry Number 5
Page 11 of 11
U. S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Amount
This statement reflects your special assessment only. There may be
other penalties imposed at sentencing. This Special Assessment is
due and payable at the time of the execution of the plea agreement.
(date plea agreement signed)