Court filing
Guilty Plea and Plea Agreement — Darrell Thomas (Dkt. 127.1)
One of 2 filings in Darrell Thomas.
What This Document Is
The 27-page Rule 11(c)(1)(A) and (B) guilty plea and plea agreement Darrell Thomas signed and filed June 16, 2021, at the change-of-plea hearing transcribed at Docket Entry 604. Thomas pleads guilty to Count 1 (conspiracy to commit bank and wire fraud) and Count 18 (money laundering) of the Indictment.
Factual Summary
Thomas admits guilt to Counts 1 and 18 and waives trial rights, pretrial-motion rights, and some appeal and collateral-attack rights, subject to the agreement's specific carve-outs. As to penalties, Count 1 carries a 30-year statutory maximum, 0-5 years' supervised release, a $1,000,000 fine (or twice the gain or loss, whichever is greater), full restitution, and a $100 special assessment; Count 18 carries a 20-year maximum, 0-3 years' supervised release, a $500,000 fine (or twice the transaction value), full restitution, and a $100 assessment. Both counts carry forfeiture of proceeds. On sentencing guidelines, the parties stipulate that Count 1's base offense level under Section 2B1.1 receives a 20-level increase because the loss from the offense and relevant conduct exceeds $9,500,000 but is less than $25,000,000, plus 2 levels for 10 or more victims, 2 levels for sophisticated means, and 2 levels because Thomas derived more than $1,000,000 in gross receipts from financial institutions; relevant conduct expressly includes a separate scheme to apply for fraudulent automobile loans. Count 18's base offense level under Section 2S1.1 is 33, plus 2 levels for the Section 1956 conviction. Both counts add 2 levels for obstruction under Section 3C1.1, which the government and Thomas agree to jointly recommend. The parties do not agree on the four-level leadership-role enhancement under Section 3B1.1(a) for either count; the agreement expressly notifies Thomas that the government intends to argue for it and offer supporting evidence at sentencing — the same enhancement the government's later Sentencing Memorandum (Docket Entry 464) argued was "overwhelming[ly]" supported and that the sentencing transcript (Docket Entry 603) confirms the court applied.
Key Facts
- Filed June 16, 2021; guilty plea to Count 1 (bank/wire fraud conspiracy) and Count 18 (money laundering).
- Stipulated loss range for Count 1: more than $9,500,000 but less than $25,000,000.
- Relevant conduct expressly includes a separate fraudulent-auto-loan scheme, beyond the charged PPP conduct.
- No agreement on the 4-level role enhancement for either count — the government reserved the right to argue for it, and did so successfully at sentencing.
Source Caveats
- Extracted text shows OCR-typical character substitutions (e.g., "/" for periods, "l" for "1") throughout; figures and section numbers above are read against the document's evident formatting conventions.
No. 1:20-cr-00296-JPB-CMS · Doc. 127-1 · Docket on CourtListener
Full text
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 1 of 27
I FILED IN OPEN COURT ,
U.S.D.C. Atlanta
j! IN 16 2021
JAMES N. HATTEN, Clerk
GUILTY PLEA and PLEA AGREEMENTA/^beputycierk
United States Attorney
Northern. District of Georgia
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DmSION
CRIMINAL NO. l:20-cr-296-JPB-AJB
The United States Attorney for the Northern District of Georgia (//the
Government") and Defendant Darrell Thomas enter mto this plea agreement as
set forth below in Part W pursuant to Rules ll(c)(l)(A) & (B) of the Federal Rules
of Criminal Procedure. Darrell Thomas, Defendant/ having received a copy of the
above-numbered Indictment and having been arraigned/ hereby pleads GUILTY
to Counts 1 and 18.
I, ADMISSION OF GUILT
1. The Defendant admits that he is pleading guilty because he is in fact guilty
of the crimes charged in Counts 1 and 18.
II. ACKNOWLEDGMENT & WAIVER OF RIGHTS
2. The Defendant understands that by pleading guilty, he is giving up the
right to plead not guilty and the right to be tried by a jiuy. At a 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 iimocent and Ae Government would have the burden of proving
him guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the witnesses against Mm. If the Defendant wished.
he couJd testify on his own behalf and present evidence in his defense, and he
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 2 of 27
could subpoena witnesses to testify on his behalf. If/ however/ the Defendant did
not wish to testify, that fact could not be used against him/ and the Government
could not compel him to incriminate himself. U the Defendant were found guilty
after a trial/ he would have the right to appeal the conviction.
3. The Defendant understands that by pleading guilty/ he 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 he ordinarily would have the right to
appeal his 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 his conviction and sentence/ as specified below.
6. Finally/ the Defendant understands that/ to plead guilty/ he may have to
answer/ under oath, questions posed to him by the Court concerning the rights
that he is giving up and the facts of this case/ and the Defendant's answers/ if
untruthful/ may later be used against him in a prosecution for perjury or false
statements.
III. ACKNOWLEDGMENT OF PENALTIES
7. The Defendant understands that/ based on his plea of guilty/ he will be
subject to the following maximum and mandatory mirdmum penalties:
As to Count 1
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a. Maximum term of imprisonment: 30 years.
b. Mandatory mmimum term of imprisonment: None.
c. Term of supervised release: 0 years to 5 years.
d. Maximum fme: $1/000/000.00, or twice the gam 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.
As to Count 18
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: $500/000.00, or twice the value of the property
involved in the transaction/ whichever is greatest/ due and payable
immediately.
e. Full restitution/ due and payable immediately/ to all victims of the
offenses and relevant conduct.
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 4 of 27
f. Mandatory special assessment: $100.00, due and payable
immediately.
g. Forfeiture of any and all property/ real or personal/ involved m the
offense/ or any property traceable to such property.
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 his exact sentence at this time.
9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that
pleading guilty may have consequences with respect to his immigration status if
he 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
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 his attorney or the District Court/
can predict to a certainty the effect of his conviction on his immigration status.
The Defendant nevertheless affirms that he wants to plead guilty regardless of
any immigration consequences that his plea may entail/ even if the consequence
is Us automatic removal from the United States.
4
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IV. PLEA AGREEMENT
10. The Defendant, his counsel/ and the Government/ subject to approval by
the Court, have agreed upon a negotiated plea m this case/ the terms of which are
as follows:
Dismissal of Counts
11. The Government agrees that/ upon the entry of the Judgment and
Commitment Order/ any and all remaining counts in the above-styled case still
pending against the Defendant shall be dismissed pursuant to Standing Order
No. 07-04 of this Court and to Rule 48(a) of the Federal Rides of Criminal
Procedure. The Defendant understands that the Probation Office and the Court
may still consider the conduct underlying such dismissed counts in determining
relevant conduct under the Sentencing Guidelines and a reasonable sentence
under Title 18, United States Code, Section 3553(a).
No Additional Charges
12. 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 he is pleading guilty. The Defendant understands that this provision does
not bar prosecution by any other federal/ state/ or local jurisdiction.
Sentencing Guidelines Recommendations
13. Based upon the evidence currently known to the Government, the
Government agrees to make the following recornmendations and/or to enter into
the following stipulations.
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 6 of 27
As to Count 1
Base/Adjusted Offense Level
14. The Government agrees to recommend and the Defendant agrees that:
a. The applicable offense guideline is Section 2B1.1.
b. The Defendant receive the 20-level upward adjustment pursuant to
Section 2Bl.l(b)(l)(K) because the amount of loss resulting from the
offenses of conviction and all relevant conduct is more than
$9/500/000 but less than $25,000/000.
c. The Defendant receive the 2-level upward adjustment pursuant to
Section 2Bl.l(b)(2)(A)(i) because the offense involved 10 or more
victims.
d. The Defendant receive the 2-level upward adjustment pursuant to
Section 2Bl.l(b)(10) because the offense involved sophisticated
means and the Defendant intentionally engaged in or caused the
conduct constituting sophisticated means.
e. The Defendant receive the 2-level upward adjustment pursuant to
Section 2Bl.l(b)(17)(A) because the Defendant derived more than
$1/000/000 in gross receipts from one or more financial institutions as
a result of the offense.
15. The Government and the Defendant agree that the relevant conduct
includes conduct related to the Defendants participation in a scheme to apply
for fraudulent automobile loans.
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 7 of 27
Role in the Offense Adjustments
16. 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 3Bl.l(a). The Defendant is aware that the United States intends to argue
at sentencing that a 4-level upward adjustment applies and to offer evidence to
the Court in support of that argument.
Obstruction & Related Adjustments
17. The Government agrees to recommend and the Defendant agrees that:
a. The Defendant receive the 2-level upward adjustment pursuant to
Section 3C1.1 because the Defendant willfully obstructed or
impeded/ or attempted to obstruct or impede/ the adminisbration of
justice with respect to the investigation, prosecution, or sentencing
of the instant offense of conviction and the obstructive conduct
related to the Defendant s offense of conviction and any relevant
conduct.
As to Count 18
Base/Adjusted Offense Level
18. The Government agrees to recommend and the Defendant agrees that:
a. The applicable offense guideline is Section 2S1.1.
b. The Base Offense level for the underlying offense from which the
laundered funds were derived is 33.
c. The Defendant receive the 2-level upward adjusfanent pursuant to
Section 2Sl.l(b)(2)(B) because he is pleading guilty to a violation of
18 U.S.C. § 1956.
7
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 8 of 27
d. The Defendant not receive the 2-level upward adjustment pursuant
to Section 2Sl.l(b)(3) for offenses mvolving sophisticated
laundering.
Role in the Offense Adjustments
19. 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 3Bl.l(a). The Defendant is aware that the United States intends to argue
at sentencing that a 4-level upward adjusbaient applies and to offer evidence to
the Court in support of that argument.
Obstruction & Related Adjustments
20. The Government agrees to recommend and the Defendant agrees that:
a. The Defendant receive the 2-level upward adjustment pursuant to
Section 3C1.1 because the Defendant willfully obstructed or
impeded, or attempted to obstruct or impede/ the administration of
justice with respect to the investigation/ prosecution/ or sentencing
of the instant offense of conviction and the obstructive conduct
related to the Defendant's offense of conviction and any relevant
conduct.
Multiple Counts Grouping Adjustments
21. The Government will recommend and the Defendant agrees that:
a. The Defendant not receive any adjustment pursuant to Section
3D1.4.
8
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 9 of 27
Acceptance of Responsibility
22. 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
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
23. 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.
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 10 of 27
Risht to Modify Recommendations
24. 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 Govermnent 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
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
25. The Defendant agrees to cooperate truthfully and completely with the
Government/ mcluding 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 his actual or constructive possession, custody/
or control/ of evidentiary value or requested by attorneys and agents
of the Government;
10
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 11 of 27
b. making himself available for interviews/ not at the expense of the
Government if he 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
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
26. The Defendant and the Defendant's counsel agree that Government
attorneys and law enforcement agents may contact the Defendant without
11
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 12 of 27
notifying and outside the presence of the Defendant's counsel for purposes
relevant to the Defendant7s cooperation.
Section 1B1.8 Protection
27. Pursuant to Section 1B1.8 of the Sentencing Guidelines/ the Government
agrees that any self-incrimmating information that was previously unJmown 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 m 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
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 his cooperation with the Government/ he
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 his 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 weU 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 1 and 18.
12
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 13 of 27
Conditional Section 5K/Rule 35 Motion
28. 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
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.
13
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 14 of 27
Sentencing Recommendations
Specific Sentence Recommendation
29. Unless the Defendant engages in conduct inconsistent with accepting
responsibility/ as described more fully in paragraph 22, 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
30. 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.
Restitution
31. The Defendant agrees to pay $14/748/786.35 as restitution, plus applicable
interest/ to the Clerk of Court for distribution to the following victims of the
offenses to which he is pleading guilty and all relevant conduct/ mcludmg, but
not limited to/ any counts dismissed as a result of this Plea Agreement:
Harvest SmaU Business Finance $2,285/341.68
Cross River Bank $2,393/113.19
Celtic Bank $781,638.61
Customers Bank $1/456/940
CDC Small Business Finance $3/902/341.04
Small Business Administration $1/524/619.83
Digital Federal Credit Union $227/365.00
BB&T $40/000.00
Navy Federal Credit Union $104/000.00
14
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 15 of 27
Del Norte Bank $57/000.00
USAA $30/800.00
Bank of America $140,000.00
State Farm Bank $527/127.00
Regions Bank $85/000.00
PNC Bank $1/193,500.00
Forfeiture
32. The Defendant acknowledges that each asset listed below is subject to
forfeiture pursuant to 18 U.S.C. §§ 982(a)(l) and 982(a)(2) and agrees that he shall
immediately forfeit to the United States any property, real or personal/ involved
in the commission of the offenses in Counts 1 and 18, any property traceable to
such property/ and any property constituting/ or derived from/ proceeds
obtained directly or indirect as the result of the offenses/ including/ but not
limited to/ the following:
a. REAL PROPERTY
i. 2789 FLAGSTONE DRIVE SE, DEKALB COUNTY,
ATLANTA GEORGIA 30316 [Parcel ID No.: 15116 09 098] All
that tract or parcel of land lying and being in Land Lot 116 of
the 15th District/ DeKalb County/ Georgia/ being Lot 38, Block
B, Bouldercrest Acres Subdivision/ Unit Sb<-B/ as per plat
recorded in plat book 25, page 31, DeKalb County/ Georgia
records/ which plat is incorporated herein and made a part
hereof by reference.
ii. 2795 FLAGSTONE DRIVE SE, DEKALB COUNTY,
ATLANTA GEORGIA 30316 [Parcel ID No.: 15 116 09 099] All
15
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 16 of 27
that tract or parcel of land lying and being in Land Lot 116 of
the 15th District/ DeKalb County/ Georgia, being Lot 37, Block
B/ Bouldercrest Acres Subdivision/ Unit Six-B/ as per plat
recorded in plat book 25, page 31, DeKalb County/ Georgia
records/ which plat is incorporated herein and made a part
hereof by reference.
iii. 1806 STONEY CREEK DRIVE SB, DEKALB COUNTY/
ATLANTA GEORGIA 30316 [Parcel ID No.: 15 141 02153] All
that tract or parcel of land lying and being in Land Lot 141 of
the 15th District/ DeKalb County/ Georgia, being Lot 36, Block
A/ Preserve at East Atlanta/ Unit I/ as per plat recorded in plat
book 186, page I/ DeKalb County, Georgia records/ which plat
is incorporated herein and made a part hereof by reference.
b. FUNDS:
i. $1/113/113.97 in funds seized from Bank of America account
number ending in 4823 held in the name of Elite Executive
Services/ Inc.
ii. $536/875.00 in funds seized from Bank of America account
number ending in 8102 held in the name of Bellator Phront
Group/ Inc.
iii. $341/151.47 in funds seized from Bank of America account
number ending in 3940 held in the name of Bellator Phront
Group/ Inc.
iv. $131/610.00 in U.S. Currency.
16
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 17 of 27
c. VEHICLES:
i. One 2018 Mercedes-Benz S-Class S65AMG/ VIN
WDDUG7KBJA408046.
ii. One 2018 Land Rover Range Rover/ VIN
SALGW2SE2JA503793.
iii. One 2017 Acura NSX/ VIN 19UNC1B08HY000536.
d. JEWELRY:
i. Men's yellow gold Rolex with diamond bezel and dial.
ii. 18K yellow gold Cuban link necklace with diamonds in clasp.
iii. 18K yellow gold Cuban link bracelet with diamonds in clasp.
33. The Defendant waives and abandons all right/ title, and interest in all of
the property listed above (referred to hereafter/ collectively/ as the Subject
Property) and agrees to the administrative or judicial forfeiture of the Subject
Property. In addition/ the Defendant waives and abandons his interest in any
other 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.
34. The Defendant agrees to take all steps requested by the United States to
facilitate transfer of title of the Subject Property/ including providing and
endorsing title certificates, or causing others to do the same where third parties
hold nominal title on the Defendant's behalf/ to a person designated by the
United States. The Defendant agrees to take all steps necessary to ensure that the
Subject Property is not hidden/ sold/ wasted/ destroyed/ or othenvise made
unavailable for forfeiture. The Defendant agrees not to file any claim/ answer/ or
17
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 18 of 27
petition for remission or restitution in any administrative or judicial proceeding
pertaining to the Subject Property/ and if such a document has ah'eady been filed/
the Defendant hereby withdraws that filing.
35. 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 any seized property/ including the Subject Property. The
Defendant agrees to waive any and all constitutional, statutory/ and equitable
challenges m any manner (includmg 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/ including the Subject Property/ on any grounds.
36. The Defendant acknowledges that he is not entitled to use forfeited assets/
including the Subject Property, 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. However/ the United States Attorney s
Office for the Northern District of Georgia will recommend to the Chief of the
Money Laundering and Asset Recovery Section (MLARS) of the United States
Department of Justice that property forfeited in this case/ or any related civil
forfeiture case/ be used to compensate the victim(s) specified in the restitution
order/ provided that the Government determines that the requirements for
restoration as set forth in MLARS Asset Forfeiture Policy Manual (2021), Section
II.B.3/ are met The Defendant understands that the decision on any petition for
18
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 19 of 27
remission or request for restoration is not within the ultimate control of the
United States Attorney's Office, and that final approval for any restoration
decisions is retained by MLARS.
37. The Defendant consents to the Courts entry of a preliminary order of
forfeiture against the Subject Property/ which will be final as to him, a part of his
sentence/ and incorporated into the judgment against him.
Financial Cooperation Provisions
Special Assessment
38. The Defendant agrees that he wUl pay a special assessment in the amount
of $200 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/Restihition - Terms of Payment
39. 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 shaU 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/
he 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
19
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minimum obligation and that/ should the Defendant s financial situation
establish that he 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
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 his 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 his counsel.
Financial Disclosure
40. The Defendant agrees that the Defendant will not sell/ hide/ waste/
encumber, destroy/ or othenvise devalue any such asset worth more than $500
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.
41. The Defendant agrees to cooperate fully in the investigation of the amount
of forfeiture/ restitution/ and fine; the identification of funds and assets m which
he has any legal or equitable interest to be applied toward forfeiture/ restitution/
and/or fine; and the prompt payment of restitution or a fine.
42. 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
20
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 21 of 27
regarding the subject matter of said form; (C) providing any documentation
within his possession or control requested by the Government regarding his
financial condition and that of his household; (D) fully and truthfully answering
all questions regarding his past and present financial condition and that of his
household in such interview(s); and (E) providing a waiver of his privacy
protections to permit the Government to access his credit report and tax
information held by the Internal Revenue Service.
43. So long as the Defendant is completely truthful/ the Government agrees
that anything related by the Defendant during his financial interview or
deposition or in the financial forms described above cannot and will not be used
against him in the Governments 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 m 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 mtendew(s)/deposition(s)/
financial forms-whether in pleadings/ oral argument/ witness testimony/
documentary evidence/ questioning of witnesses/ or any other maimer-the
Government may use the Defendant's interview(s)/deposition(s)/financial
forms/ and all evidence obtained directly or indirectly therefrom/ m any
responsive pleading and argument and for cross-examination/ impeachment/ or
rebuttal evidence. Further, the Government may also use the Defendant s
21
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 22 of 27
interview(s)/deposition(s)/fm.ancial forms to respond to arguments made or
issues raised sua sponte by the Magistrate or District Court.
Recommendations/Stipulations Non-bmding
44. 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 Courts failure to accept one or more of the recommendations/
stipulations/ and/or guideline computations will not constitute grounds to
withdraw his guilty plea or to claim a breach of this Plea Agreement.
Limited Waiver of Appeal
45. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by
federal law/ the Defendant voluntarily and expressly waives the right to appeal
his conviction and sentence and the right to collaterally attack his conviction and
sentence in any post-conviction proceeding (includmg/ 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.
22
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 23 of 27
Miscellaneous Waivers
FOIA/Privacy Act Waiver
46. 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.
No Other Agreements
47. There are no other agreements/ promises/ representations/ or
understandings between the Defendant and the Government.
Inp^en Cou^Aisl^_ day of ^y1^/ \^} j^^
SIGNATURE (Defendant's Attorney) SIGNATURE (Defendant)
Benjamin Black Alper Darrell Thomas
SIGNATURE (Assistant U.S. Attorney)
Tal C. Chaiken
w
SIGNATURE (Assistant U.S. Attorney)
Nathan P. Kitchens
SIGNATURE (Approving Official)
Stephen H. McClain
23
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 24 of 27
DANIEL S. KAHN (ACTING CHIEF/ FRAUD SECTION)
<5^^"^U-e-^e.
SIGNATURE (Trial Attorney)
Babasijibomi Moore
24
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 25 of 27
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
^l\b/-L.\
SIG^IATURE (Defendant) DATE
DarreU Thomas
25
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 26 of 27
I am DarreU Thomas'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
Agreement.
M 7-1
SIGNATURE (Defendant's Attorney) DA'^
Benjamin Black Alper
Benjamin Black Alper DarreU Thomas
The Law Offices of Howard J.
Weintraub/ P.C.
1355 Peachtree St. NE
Suite 1250
Atlanta/ GA 30309
Wo(^ _State Bar of Georgia Number
Filed in Open Court
This _ day of _, 20_
By -
26
Case 1:20-cr-00296-JPB-CMS Document 127-1 Filed 06/16/21 Page 27 of 27
U. S. DEPARTMENT OF RJSTICE
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.: l:20-cr-296-JPB-AJB
DEFENDANT'S NAME: DARRELL THOMAS
PAY TfflS AMOUNT: $200
Instructions:
1. Payment must be made by certified check or money order payable to:
Clerk of Court/ U.S. District Court
^personal checks wUl 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)
4. Include the defendant's name on certified check or money order.
5. 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.
27
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