Guilty Plea & Plea Agreement — Amanda Christian (Dkt. 447.1)

Summary

A guilty plea and plea agreement between the United States Attorney for the Northern District of Georgia and defendant Amanda Christian, filed March 23, 2022 as Document 447-1 in No. 1:20-cr-00296-JPB-CMS in the U.S. District Court for the Northern District of Georgia. She pleads guilty to Count 34 of the Second Superseding Indictment, which carries a maximum of 20 years' imprisonment, a maximum fine of $250,000.00 and a $100.00 special assessment. The parties agree that Section 2B1.1 applies with a 16-level upward adjustment for a loss of more than $1,500,000 and less than $3,500,000. The agreement includes cooperation terms, a Government recommendation at the low end of the guideline range and restitution of $835,542.00 plus applicable interest. The 20-page filing includes an attestation by her lawyer, Gabe Banks, and a special assessment statement.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Case 1:20-cr-00296-JPB-CMS Document 447-1 Filed 03/23/22 Page 1 of 20

| GUILTY PLEA and PLEA AGREEMENT

Northern District of Georgia

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. 1:20-cr-296-9-JPB-CMS

The United States Attorney for the Northern District of Georgia (“the
Government”) and Defendant Amanda Christian enter into this plea agreement
as set forth below in Part IV pursuant to Rules 11(c)(1)(A) & (B) of the Federal
Rules of Criminal Procedure. Amanda Christian, Defendant, having received a
copy of the above-numbered Second Superseding Indictment and having been

arraigned, hereby pleads GUILTY to Count 34.

I, ADMISSION OF GUILT

1. The Defendant admits that she is pleading guilty because she is in fact
guilty of the crime charged in Count 34.

Il. ACKNOWLEDGMENT & WAIVER OF RIGHTS

2. The Defendant understands that by pleading guilty, she is giving up the
right to plead not guilty and the right to be tried by a jury. Ata trial, the
Defendant would have the right to an attorney, and if the Defendant could not
afford an attorney, the Court would appoint one to represent the Defendant at
trial and at every stage of the proceedings. During the trial, the Defendant would
be presumed innocent and the Government would have the burden of proving
her guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the witnesses against her. If the Defendant wished,

she could testify on her own behalf and present evidence in her defense, and she
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could subpoena witnesses to testify on her behalf. If, however, the Defendant did
not wish to testify, that fact could not be used against her, and the Government
could not compel her to incriminate herself. If the Defendant were found guilty
after a trial, she would have the right to appeal the conviction.

3. The Defendant understands that by pleading guilty, she is giving up all of
these rights and there will not be a trial of any kind.

4. By pleading guilty, the Defendant also gives up any and all rights to pursue
any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and
other pretrial motions that have been filed or could have been filed.

5. The Defendant also understands that she ordinarily would have the right to
appeal her sentence and, under some circumstances, to attack the conviction and
sentence in post-conviction proceedings. By entering this Plea Agreement, the
Defendant may be waiving some or all of those rights to appeal and to
collaterally attack her conviction and sentence, as specified below.

6. Finally, the Defendant understands that, to plead guilty, she may have to
answer, under oath, questions posed to her by the Court concerning the rights
that she is giving up and the facts of this case, and the Defendant's answers, if
untruthful, may later be used against her in a prosecution for perjury or false

statements.

Ill. ACKNOWLEDGMENT OF PENALTIES

7. The Defendant understands that, based on her plea of guilty, she will be

subject to the following maximum and mandatory minimum penalties:

As to Count 34
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a. Maximum term of imprisonment: 20 years.

b. Mandatory minimum term of imprisonment: None.

c. Term of supervised release: 0 years to 3 years.

d. Maximum fine: $250,000.00, or twice the gain or twice the loss,
whichever is greatest, due and payable immediately.

e. Full restitution, due and payable immediately, to all victims of the
offenses and relevant conduct.

f. Mandatory special assessment: $100.00, due and payable
immediately.

g. Forfeiture of any property, real or personal, constituting, or derived
from, proceeds the person obtained directly or indirectly, as a result
of the offense.

8. The Defendant understands that, before imposing sentence in this case, the
Court will be required to consider, among other factors, the provisions of the
United States Sentencing Guidelines and that, under certain circumstances, the
Court has the discretion to depart from those Guidelines. The Defendant further
understands that the Court may impose a sentence up to and including the
statutory maximum as set forth in the above paragraph and that no one can
predict her exact sentence at this time.

9, REMOVAL FROM THE UNITED STATES: The Defendant recognizes that
pleading guilty may have consequences with respect to her immigration status if
she is not a citizen of the United States. Under federal law, a broad range of

crimes are removable offenses, including the offense to which the Defendant is

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pleading guilty. Indeed, because the Defendant is pleading guilty to this offense,
removal is presumptively mandatory. Removal and other immigration
consequences are the subject of a separate proceeding, however, and the
Defendant understands that no one, including her attorney or the District Court,
can predict to a certainty the effect of her conviction on her immigration status.
The Defendant nevertheless affirms that she wants to plead guilty regardless of
any immigration consequences that her plea may entail, even if the consequence

is her automatic removal from the United States.

IV. PLEA AGREEMENT

10. The Defendant, her counsel, and the Government, subject to approval by
the Court, have agreed upon a negotiated plea in this case, the terms of which are

as follows:

No Additional Charges

11. The United States Attorney for the Northern District of Georgia agrees not
to bring further criminal charges against the Defendant related to the charges to
which she is pleading guilty. The Defendant understands that this provision

does not bar prosecution by any other federal, state, or local jurisdiction.

Sentencing Guidelines Recommendations

12. Based upon the evidence currently known to the Government, the
Government agrees to make the following recommendations and/or to enter into
the following stipulations.

Base/Adjusted Offense Level

13. The Government agrees to recommend and the Defendant agrees that:

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a. The applicable offense guideline is Section 2B1.1.
b. The Defendant receive the 16-level upward adjustment pursuant to
Section 2B1.1(b)(1)(I) because the loss amount is more than
$1,500,000 and less than $3,500,000.
c. The Defendant not receive the 2-level upward adjustment pursuant
to Section 2B1.1(b)(10).
Role in the Offense Adjustments

14. The Government agrees to recommend and the Defendant agrees that:
a. A4level upward adjustment does not apply pursuant to Section
3B1.1(a).
b. The Government and the Defendant do not have an agreement as to
the applicability of an adjustment for the Defendant's role in the
offense pursuant to Section 3B1.1(b) or (c).
Obstruction & Related Adjustments

15. The Government agrees to recommend and the Defendant agrees that:
a. The Defendant not receive the 2-level upward adjustment pursuant
to Section 3C1.1.

Acceptance of Responsibility

16. The Government will recommend that the Defendant receive an offense
level adjustment for acceptance of responsibility, pursuant to Section 3E1.1, to
the maximum extent authorized by the guideline. However, the Government will
not be required to recommend acceptance of responsibility if, after entering this
Plea Agreement, the Defendant engages in conduct inconsistent with accepting

responsibility. Thus, by way of example only, should the Defendant falsely deny
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or falsely attempt to minimize the Defendant's involvement in relevant offense
conduct, give conflicting statements about the Defendant’s involvement, fail to
pay the special assessment, fail to meet any of the obligations set forth in the
Financial Cooperation Provisions set forth below, or participate in additional
criminal conduct, including unlawful personal use of a controlled substance, the

Government will not be required to recommend acceptance of responsibility.

Right to Answer Questions, Correct Misstatements,
and Make Recommendations

17. The parties reserve the right to inform the Court and the Probation Office
of all facts and circumstances regarding the Defendant and this case, and to
respond to any questions from the Court and the Probation Office and to any
misstatements of fact or law. Except as expressly stated elsewhere in this Plea
Agreement, the parties also reserve the right to make recommendations
regarding application of the Sentencing Guidelines. The parties understand,
acknowledge, and agree that there are no agreements between the parties with

respect to any Sentencing Guidelines issues other than those specifically listed.

Right to Modify Recommendations

18. With regard to the Government’s recommendation as to any specific
application of the Sentencing Guidelines as set forth elsewhere in this Plea
Agreement, the Defendant understands and agrees that, should the Government
obtain or receive additional evidence concerning the facts underlying any such
recommendation, the Government will bring that evidence to the attention of the
Court and the Probation Office. In addition, if the additional evidence is

sufficient to support a finding of a different application of the Guidelines, the
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Government will not be bound to make the recommendation set forth elsewhere
in this Plea Agreement, and the failure to do so will not constitute a violation of
this Plea Agreement.

Cooperation
General Requirements

19. The Defendant agrees to cooperate truthfully and completely with the
Government, including being debriefed and providing truthful testimony at any
proceeding resulting from or related to the Defendant's cooperation. The
Defendant agrees to so cooperate in any investigation or proceeding as requested
by the Government. The Defendant agrees that the Defendant's cooperation shall
include, but not be limited to:

a. producing all records, whether written, recorded, electronic, or
machine readable, in her actual or constructive possession, custody,
or control, of evidentiary value or requested by attorneys and agents
of the Government;

b. making himself available for interviews, not at the expense of the
Government if she is on bond, upon the request of attorneys and
agents of the Government;

c. responding fully and truthfully to all inquiries of the Government in
connection with any investigation or proceeding, without falsely
implicating any person or intentionally withholding any
information, subject to the penalties of making false statements
(18 U.S.C. § 1001), obstruction of justice (18 U.S.C. § 1503) and

related offenses; and
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d. when called upon to do so by the Government in connection with
any investigation or proceeding, testifying in grand jury, trial, and
other judicial proceedings, fully, truthfully, and under oath, subject
to the penalties of perjury (18 U.S.C. § 1621), making false statements
or declarations in grand jury or court proceedings (18 U.S.C. § 1623),
contempt (18 U.S.C. §§ 401 - 402), obstruction of justice
(18 U.S.C. § 1503), and related offenses.

The Defendant understands that the Government alone will determine what
forms of cooperation to request from the Defendant, and the Defendant agrees
that the Defendant will not engage in any investigation that is not specifically
authorized by the Government.

Consent to Contact

20. The Defendant and the Defendant's counsel agree that Government
attorneys and law enforcement agents may contact the Defendant without
notifying and outside the presence of the Defendant's counsel for purposes
relevant to the Defendant's cooperation.

Section 1B1.8 Protection

21. Pursuant to Section 1B1.8 of the Sentencing Guidelines, the Government
agrees that any self-incriminating information that was previously unknown to
the Government and is provided to the Government by the Defendant in
connection with the Defendant's cooperation and as a result of this Plea
Agreement will not be used in determining the applicable sentencing guideline
range, although such information may be disclosed to the Probation Office and

the Court. The Government also agrees not to bring additional charges against
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the Defendant, with the exception of charges resulting from or related to violent
criminal activity, based on any information provided by the Defendant in
connection with cooperation that was not known to the Government prior to the
cooperation. However, if the Government determines that the Defendant has not
been completely truthful and candid in her cooperation with the Government,
she may be subject to prosecution for perjury, false statements, obstruction of
justice, and any other appropriate charge, and all information the Defendant has
provided may be used against the Defendant in such a prosecution. Furthermore,
should the Defendant withdraw her guilty plea in this case and proceed to trial,
the Government is free to use any statements and/or other information provided
by the Defendant, pursuant to the Defendant's cooperation, as well as any
information derived therefrom, during any trial or other proceeding related to
the Government's prosecution of the Defendant for the offense(s) charged in the
above-numbered counts 9-11, 20-22, 25-26, 32-35, 38, and 41.
Conditional Section 5K/Rule 35 Motion

22. The Government agrees to make the extent of the Defendant's cooperation
known to the sentencing court. In addition, if the cooperation is completed
before sentencing and the Government determines that such cooperation
qualifies as “substantial assistance” pursuant to Title 18, United States Code,
Section 3553(e) and/or Section 5K1.1 of the Sentencing Guidelines, the
Government will file a motion at sentencing recommending a downward
departure from the applicable guideline range. If the cooperation is completed
after sentencing and the Government determines that such cooperation qualifies

as “substantial assistance” pursuant to Rule 35(b) of the Federal Rules of
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Criminal Procedure, the Government will file a motion for reduction of sentence.
In either case, the Defendant understands that the determination as to whether
the Defendant has provided “substantial assistance” rests solely with the
Government. Good faith efforts by the Defendant that do not substantially assist
in the investigation or prosecution of another person who has committed a crime
will not result in either a motion for downward departure or a Rule 35 motion.
The Defendant also understands that, should the Government decide to file a
motion pursuant to this paragraph, the Government may recommend any
specific sentence, and the final decision as to what credit, if any, the Defendant
should receive for the Defendant's cooperation will be determined by the Court.
If the Defendant fails to cooperate truthfully and completely, or if the Defendant
engages in additional criminal conduct or other conduct inconsistent with
cooperation, the Defendant will not be entitled to any consideration whatsoever

pursuant to this paragraph.

Sentencing Recommendations

Specific Sentence Recommendation

23. Unless the Defendant engages in conduct inconsistent with accepting
responsibility, as described more fully in paragraph 16, the Government agrees
to recommend that the Defendant be sentenced at the low end of the adjusted
guideline range.

Fine~No Recommendation as to Amount

24. The Government agrees to make no specific recommendation as to the

amount of the fine to be imposed on the Defendant within the applicable

guideline range.
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Restitution

25. The Defendant agrees to pay $835,542.00, plus applicable interest, to the
Clerk of Court for distribution to the following victims of the offense(s) to which
she is pleading guilty and all relevant conduct, including, but not limited to, any

counts dismissed as a result of this Plea Agreement:

a. $24,912.51 to the Small Business Administration

b. $5,125 to CDC Small Business Finance Corporation

c. $805,504.49 to Cross River Bank
The Defendant also agrees to cooperate fully in the investigation of the amount
of restitution, the identification of victims, and the recovery of restitution for
victims.
Forfeiture

26. The Defendant waives and abandons her interest in any property that may

have been seized in connection with this case. The Defendant agrees to the
administrative or judicial forfeiture or the abandonment of any seized property.
The Defendant agrees to hold the United States and its agents and employees
harmless from any claims made in connection with the seizure, forfeiture, or
disposal of property connected to this case. The Defendant acknowledges that
the United States will dispose of any seized property, and that such disposal may
include, but is not limited to, the sale, release, or destruction of the seized
property. The Defendant agrees to waive any and all constitutional, statutory,
and equitable challenges in any manner (including direct appeal, a Section 2255
petition, habeas corpus, or any other means) to the seizure, forfeiture, and

disposal of any property seized in this case on any grounds.

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27. The Defendant acknowledges that she is not entitled to use forfeited assets
to satisfy any fine, restitution, cost of imprisonment, tax obligations, or any other

penalty the Court may impose upon the Defendant in addition to forfeiture.

Financial Cooperation Provisions

Special Assessment

28. The Defendant agrees that she will pay a special assessment in the amount
of $100 by money order or certified check made payable to the Clerk of Court,
U.S. District Court, 2211 U.S. Courthouse, 75 Ted Turner Drive SW, Atlanta,
Georgia 30303, by the day of sentencing. The Defendant agrees to provide proof
of such payment to the undersigned Assistant United States Attorney upon
payment thereof.

Fine/Restitution - Terms of Payment

29. The Defendant agrees to pay any fine and/or restitution, plus applicable
interest, imposed by the Court to the Clerk of Court for eventual disbursement to
the appropriate account and/or victim(s). The Defendant also agrees that the full
fine and/or restitution amount shall be considered due and payable
immediately. If the Defendant cannot pay the full amount immediately and is
placed in custody or under the supervision of the Probation Office at any time,
she agrees that the custodial agency and the Probation Office will have the
authority to establish payment schedules to ensure payment of the fine and/or
restitution. The Defendant understands that this payment schedule represents a
minimum obligation and that, should the Defendant's financial situation
establish that she is able to pay more toward the fine and/or restitution, the

Government is entitled to pursue other sources of recovery of the fine and/or
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restitution. The Defendant further agrees to cooperate fully in efforts to collect
the fine and/or restitution obligation by any legal means the Government deems
appropriate. Finally, the Defendant and her counsel agree that the Government
may contact the Defendant regarding the collection of any fine and/or restitution
without notifying and outside the presence of her counsel.

Financial Disclosure

30. The Defendant agrees that the Defendant will not sell, hide, waste,
encumber, destroy, or otherwise devalue any such asset worth more than $10,000
before sentencing, without the prior approval of the Government. The Defendant
understands and agrees that the Defendant's failure to comply with this
provision of the Plea Agreement should result in the Defendant receiving no
credit for acceptance of responsibility.

31. The Defendant agrees to cooperate fully in the investigation of the amount
of forfeiture, restitution, and fine; the identification of funds and assets in which
she has any legal or equitable interest to be applied toward forfeiture, restitution,
and/or fine; and the prompt payment of restitution or a fine.

32. The Defendant's cooperation obligations include: (A) fully and truthfully
completing the Department of Justice’s Financial Statement of Debtor form, and
any addenda to said form deemed necessary by the Government, within ten days
of the change of plea hearing; (B) submitting to a financial deposition or
interview (should the Government deem it necessary) prior to sentencing
regarding the subject matter of said form; (C) providing any documentation
within her possession or control requested by the Government regarding her

financial condition and that of her household; (D) fully and truthfully answering
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all questions regarding her past and present financial condition and that of her
household in such interview(s); and (E) providing a waiver of her privacy
protections to permit the Government to access her credit report and tax
information held by the Internal Revenue Service.

33. So long as the Defendant is completely truthful, the Government agrees
that anything related by the Defendant during her financial interview or
deposition or in the financial forms described above cannot and will not be used
against him in the Government's criminal prosecution. However, the
Government may use the Defendant's statements to identify and to execute upon
assets to be applied to the fine and/or restitution in this case. Further, the
Government is completely free to pursue any and all investigative leads derived
in any way from the interview(s)/deposition(s)/ financial forms, which could
result in the acquisition of evidence admissible against the Defendant in
subsequent proceedings. If the Defendant subsequently takes a position in any
legal proceeding that is inconsistent with the interview(s)/deposition(s)/
financial forms-whether in pleadings, oral argument, witness testimony,
documentary evidence, questioning of witnesses, or any other manner-the
Government may use the Defendant's interview(s)/deposition(s)/ financial
forms, and all evidence obtained directly or indirectly therefrom, in any
responsive pleading and argument and for cross-examination, impeachment, or
rebuttal evidence. Further, the Government may also use the Defendant's
interview(s)/deposition(s)/ financial forms to respond to arguments made or

issues raised sua sponte by the Magistrate or District Court.

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Recommendations/Stipulations Non-binding

34. The Defendant understands and agrees that the recommendations of the
Government incorporated within this Plea Agreement, as well as any
stipulations of fact or guideline computations incorporated within this Plea
Agreement or otherwise discussed between the parties, are not binding on the
Court and that the Court's failure to accept one or more of the recommendations,
stipulations, and/or guideline computations will not constitute grounds to

withdraw her guilty plea or to claim a breach of this Plea Agreement.

Limited Waiver of Appeal

35. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by
federal law, the Defendant voluntarily and expressly waives the right to appeal
her conviction and sentence and the right to collaterally attack her conviction and
sentence in any post-conviction proceeding (including, but not limited to,
motions filed pursuant to 28 U.S.C. § 2255) on any ground, except that the
Defendant may file a direct appeal of an upward departure or upward variance
above the sentencing guideline range as calculated by the District Court. Claims
that the Defendant's counsel rendered constitutionally ineffective assistance are
excepted from this waiver. The Defendant understands that this Plea Agreement
does not limit the Government's right to appeal, but if the Government initiates a
direct appeal of the sentence imposed, the Defendant may file a cross-appeal of

that same sentence.

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Miscellaneous Waivers

FOIA/Privacy Act Waiver

36. The Defendant hereby waives all rights, whether asserted directly or by a
representative, to request or receive from any department or agency of the
United States any records pertaining to the investigation or prosecution of this
case, including, without limitation, any records that may be sought under the
Freedom of Information Act, Title 5, United States Code, Section 552, or the

Privacy Act of 1974, Title 5, United States Code, Section 552a.

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No Other Agreements

37. There are no other agreements, promises, representations, or

understandings ny, i Defendant and the Government.

In Open C és — Neu ch Meee “y
wer; ) Li rip Valo

s NATURE fphdant s Attorney) SIGNATURE (Defendant)
e Banks Amanda Christian

Fak Chain
SIGNATURE (Assistant U.S. Attorney)
Tal C. Chaiken

SIGNATURE (Assistant U.S. Attorney)
Nathan P. Kitchens

— stl.

SIGNATURE (Approving Official)
Stephen H. McClain

JOSEPH BEEMSTERBOER (ACTING CHIEF, FRAUD SECTION)

SIGNATURE (Trial Attorney)
Babasijibomi Moore

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I have read the Indictment against me and have discussed it with my
attorney. I understand the charges and the elements of each charge that the
Government would have to prove to convict me at a trial. I have read the
foregoing Plea Agreement and have carefully reviewed every part of it with my
attorney. I understand the terms and conditions contained in the Plea
Agreement, and I voluntarily agree to them. I also have discussed with my
attorney the rights I may have to appeal or challenge my conviction and
sentence, and I understand that the appeal waiver contained in the Plea
Agreement will prevent me, with the narrow exceptions stated, from appealing
my conviction and sentence or challenging my conviction and sentence in any
post-conviction proceeding. No one has threatened or forced me to plead guilty,
and no promises or inducements have been made to me other than those
discussed in the Plea Agreement. The discussions between my attorney and the
Government toward reaching a negotiated plea in this case took place with my
permission. I am fully satisfied with the representation provided to me by my

wi in this case.,

A vol Ji

SIGNATURE (Defendant) DATE
Amanda Christian

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Tam Amanda Christian’s lawyer. I have carefully reviewed the charges and
the Plea Agreement with my client. To my knowledge, my client is making an
informed and voluntary decision to plead guilty and to enter into the Plea

Agreem

a ae (Defendant's Attorney) DATE
Gabe Banks

Gabe Banks

Banks Weaver

100 Peachtree Street NW, Suite 260
Atlanta, GA 30303

fi [7 PF Coonpis Bar Number

Filed in Open Court

This 23rdday of __March_, 2022

By _s/Ciarra Oduka

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U.S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only. There may be other
penalties imposed at sentencing.

ACCOUNT INFORMATION

[ CRIMINAL ACTION NO.: | 1:20-cr-296-9-JPB-CMS

DEFENDANT'S NAME: —_| Amanda Christian
PAY THIS AMOUNT | $100

Instructions:
1. Payment must be made by certified check or money order payable to:
Clerk of Court, U.S. District Court
*personal checks will not be accepted*
2. Payment must be made to the clerk’s office by the day of sentencing.
3. Payment should be sent or hand delivered to:
Clerk, U.S. District Court
2211 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta, Georgia 30303
(Do Not Send Cash)
Include the defendant's name on certified check or money order.
Enclose this coupon to insure proper and prompt application of payment.
6. Provide proof of payment to the above-signed AUSA within 30 days of the

guilty plea.

oe

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