Plea Agreement as to Adrienne Ponzo — USA v. Rivera et al. (Dkt. 69, D.N.J. No. 1:23-mj-02053)

Record facts

U.S. District Court for the District of New Jersey · No. 1:24-cr-00267-KMW · Doc. 69 · 2025-04-09 · Docket on CourtListener

Full text

Case 1:24-cr-00267-KMW Document69_ Filed 04/09/25 Page 1 of 10 PagelD: 468

Case No 24-cr-267-KMW-2

U.S. Department of Justice
United States Attorney
District of New Jersey

JOHN GIORDANO 401 Market Street, Fourth Floor
United States Attorney Camden, New Jersey 08101-2098
DANIEL A. FRIEDMAN Direct Dial: 856.968.4867

Assistant United States Attorney Email: Daniel.friedman2@usdoj.gov

March 14, 2025

TROY A. ARCHIE, ESQ.
AFONSO ARCHIE LAW P.C.
21 Route 130 South
Cinnaminson, N.J. 08077

Re: Plea Agreement with Adrienne Ponzo

Dear Mr. Archie:

This letter sets forth the plea agreement between your client, Adrienne Ponzo, and the
United States Attorney for the District of New Jersey (the “Office”). This offer will expire on
Friday, April 4, 2025, if it is not accepted in writing by that date. If Adrienne Ponzo does not
accept this plea agreement, her sentencing exposure could increase beyond what is discussed in
this plea agreement as a result of this Office’s investigation.

Charges

Conditioned on the understandings specified below, the Office will accept a guilty plea
from Adrienne Ponzo to Count 5 of the Indictment, United States v. Eric Rivera, Adrienne Ponzo,
and James Wessels, Crim. No. 24-267 (D.N.J.), which charges her with wire fraud conspiracy, in
violation of 18 U.S.C. § 1349. If Adrienne Ponzo enters a guilty plea and is sentenced on these
charges, and otherwise fully complies with this agreement, this Office will not initiate any further
criminal charges against Adrienne Ponzo for her role in the criminal conduct charged in the
Indictment, or for her role in applying for and receiving fraudulent Paycheck Protection Program
(PPP) loans and Economic Injury Disaster Loans (EIDLs) for the entities set forth in Schedule B,
or for laundering or spending the proceeds from these loans, provided that Adrienne Ponzo agrees
that, for the purposes of sentencing, the loans set forth in Schedule B will be treated as relevant
conduct pursuant to U.S.S.G. § 1B1.3. In addition, if Adrienne Ponzo fully complies with all of
the terms of this agreement, at the time of sentencing in this matter, this Office will move to dismiss
Counts 6-7, 9, and 11-12 of the Indictment against her.

But if a guilty plea in this matter is not entered for any reason or a guilty plea or judgment
of conviction entered in accordance with this agreement does not remain in full force and effect,
l
Case 1:24-cr-00267-KMW Document 69_ Filed 04/09/25 Page 2 of 10 PagelD: 469

this Office may reinstate any dismissed charges and initiate any other charges against Adrienne
Ponzo even if the applicable statute of limitations period for those charges expires after Adrienne
Ponzo signs this agreement, and Adrienne Ponzo agrees not to assert that any such charges are
time-barred.

Sentencing

The violation of 18 U.S.C. § 1349 (Wire Fraud Conspiracy) to which Adrienne Ponzo
agrees to plead guilty carries a statutory maximum prison sentence of 20 years and a statutory
maximum fine equal to the greatest of: (1) $250,000; or (2) twice the gross amount of any
pecuniary gain that any persons derived from the offense; or (3) twice the gross amount of any
pecuniary loss sustained by any victims of the offense, whichever is greater. Fines imposed by the
sentencing judge may be subject to the payment of interest. The prison sentence may run
consecutively to the prison sentence imposed for Count One and any prison sentence Adrienne
Ponzo is serving or is ordered to serve.

The sentence to be imposed upon Adrienne Ponzo is within the sole discretion of the
sentencing judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C. §§ 3551-
3742, and the sentencing judge’s consideration of the United States Sentencing Guidelines. Those
Guidelines are advisory, not mandatory. The sentencing judge may impose any reasonable
sentence up to and including the statutory maximum term of imprisonment and the maximum
statutory fine. This Office cannot and does not make any representation or promise as to what
Guidelines range may be found by the sentencing judge, or as to what sentence Adrienne Ponzo
ultimately will receive.

Adrienne Ponzo specifically agrees that for purposes of sentencing, uncharged offenses
and/or dismissed counts will be treated as relevant conduct pursuant to U.S.S.G. § 1B1.3, to the
extent that the offenses are related to the count of conviction.

Further, in addition to imposing any other penalty on Adrienne Ponzo, the sentencing
judge as part of the sentence:

(1) — will order Adrienne Ponzo to pay assessments of $100 pursuant to 18 U.S.C.
§ 3013, which assessment must be paid by the date of sentencing;

(2) must order Adrienne Ponzo to pay restitution pursuant to 18 U.S.C. § 3663 et
seq.;

(3) may order Adrienne Ponzo, pursuant to 18 U.S.C. § 3555, to give reasonable
notice and explanation of the conviction to any victims of her offenses;

(4) =‘ must order forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461;

(5) pursuant to 18 U.S.C. § 3583, may require Adrienne Ponzo to serve a term of
supervised release of not more than 3 years, which will begin at the expiration of

2
Case 1:24-cr-00267-KMW Document 69 _ Filed 04/09/25 Page 3 of 10 PagelD: 470

any term of imprisonment imposed. Should Adrienne Ponzo be placed on a term
of supervised release and subsequently violate any of the conditions of supervised
release before the expiration of its term, Adrienne Ponzo may be sentenced to not
more than two years’ imprisonment, in addition to any prison term previously
imposed, regardless of the statutory maximum term of imprisonment set forth
above and without credit for time previously served on post-release supervision,
and may be sentenced to an additional term of supervised release.

Restitution

Pursuant to the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A, Adrienne Ponzo
agrees to pay full restitution to the victims of the offenses of conviction or from the scheme,
conspiracy, or pattern of criminal activity underlying those offenses in an amount that fully
compensates the victims for any and all losses that the victims sustained as a result of those
offenses. As part of her restitution obligations, Adrienne Ponzo agrees to make full restitution for
all losses—including the full loan amount and all advances, origination fees, processing fees, and
accrued interest—associated with the loans listed on Schedule B.

Forfeiture

As part of her acceptance of responsibility, Adrienne Ponzo agrees to forfeit to the United
States, pursuant to 18 U.S.C. § 982(a)(2)(A), any property, real or personal, constituting, or derived
from, proceeds she obtained directly or indirectly as a result of the commission of the offense
charged in the Indictment to which she is pleading guilty. Adrienne Ponzo further agrees that the
value of such property was $144,325; that one or more of the conditions set forth in 21 U.S.C. §
853(p) exists; and that the United States is therefore entitled to forfeit substitute assets equal to the
value of the proceeds obtained by Adrienne Ponzo, in an amount not to exceed $144,325 (the
“Forfeiture Amount”). Adrienne Ponzo consents to the entry of an order requiring her to pay the
Forfeiture Amount, in the manner described below (the “Order”), and that the Order will be final
as to Adrienne Ponzo prior to sentencing, pursuant to Rule 32.2(b)(4) of the Federal Rules of
Criminal Procedure, and which may be satisfied in whole or in part with substitute assets.
Adrienne Ponzo further agrees that upon entry of the Order, the United States Attorney’s Office is
authorized to conduct any discovery needed to identify, locate, or dispose of property sufficient to
pay the Forfeiture Amount in full or in connection with any petitions filed with regard to proceeds
or substitute assets, including depositions, interrogatories, and requests for production of
documents, and the issuance of subpoenas, and Adrienne Ponzo agrees to cooperate with this
discovery.

All payments made in full or partial satisfaction of the Forfeiture Amount shall be made
by postal money order, bank, or certified check, made payable in this instance to the United States
Marshals Service, indicating Adrienne Ponzo’s name and case number on the face of the check;
and shall be delivered by mail to the United States Attorney’s Office, District of New Jersey, Attn:
Asset Forfeiture and Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102.
Case 1:24-cr-00267-KMW Document69_ Filed 04/09/25 Page 4 of 10 PagelD: 471

Adrienne Ponzo waives the requirements of Rules 32.2 and 43(a) of the Federal Rules of
Criminal Procedure regarding notice of the forfeiture in the charging instrument, announcement
of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. Adrienne Ponzo
understands that criminal forfeiture is part of the sentence that may be imposed in this case and
waives any failure by the court to advise her of this pursuant to Rule 11(b)(1)(J) of the Federal
Rules of Criminal Procedure at the guilty plea proceeding. Adrienne Ponzo waives any and all
constitutional, statutory, and other challenges to the forfeiture on any and all grounds, including
that the forfeiture constitutes an excessive fine or punishment under the Eighth Amendment. It is
further understood that any forfeiture of Adrienne Ponzo’s assets shall not be treated as satisfaction
of any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon her
in addition to forfeiture.

Adrienne Ponzo further agrees that not later than the date she enters a plea of guilty she
will provide a complete and accurate Financial Disclosure Statement on the form provided by this
Office. If Adrienne Ponzo fails to provide a complete and accurate Financial Disclosure Statement
by the date she enters her plea of guilty, or if this Office determines that Adrienne Ponzo has
intentionally failed to disclose assets on her Financial Disclosure Statement, Adrienne Ponzo
agrees that that failure constitutes a material breach of this agreement, and this Office reserves the
right, regardless of any agreement or stipulation that might otherwise apply, to oppose any
downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1, and to seek
leave of the Court to withdraw from this agreement or seek other relief.

Rights of The Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office reserves the right to take any
position with respect to the appropriate sentence to be imposed on Adrienne Ponzo by the
sentencing judge. This Office may also correct any misstatements relating to the sentencing
proceedings and provide the sentencing judge and the United States Probation Office all law and
information relevant to sentencing, favorable or otherwise. And this Office may inform the
sentencing judge and the United States Probation Office of: (1) this agreement; and (2) the full
nature and extent of Adrienne Ponzo’s activities and relevant conduct with respect to this case.

Stipulations

This Office and Adrienne Ponzo will stipulate at sentencing to the statements set forth in
the attached Schedule A, which is part of this plea agreement. Both parties understand that the
sentencing judge and the United States Probation Office are not bound by those stipulations and
may make independent factual findings and may reject any or all of the parties’ stipulations. Nor
do these stipulations restrict the parties’ rights to respond to questions from the Court and to correct
misinformation that has been provided to the Court.

This agreement to stipulate on the part of this Office is based on the information and
evidence that this Office possesses as of the date of this agreement. Thus, if this Office obtains or
receives additional evidence or information prior to sentencing that it believes materially conflicts
with a Schedule A stipulation, that stipulation shall no longer bind this Office. A determination

4
Case 1:24-cr-00267-KMW Document 69 Filed 04/09/25 Page 5 of 10 PagelD: 472

that a Schedule A stipulation is not binding shall not release the parties from any other portion of
this agreement, including any other Schedule A stipulation.

If the sentencing court rejects a Schedule A stipulation, both parties reserve the right to
argue on appeal or at post-sentencing proceedings that the sentencing court did so properly.
Finally, to the extent that the parties do not stipulate to a particular fact or legal conclusion in this
agreement, each reserves the right to argue how that fact or conclusion should affect the sentence.

Waiver of Appeal and Post-Sentencing Rights

As set forth in Schedule A and the paragraph below, this Office and Adrienne Ponzo waive
certain rights to appeal, collaterally attack, or otherwise challenge the judgment of conviction or
sentence.

Immigration Consequences

Adrienne Ponzo understands that, if Adrienne Ponzo is not a citizen of the United States,
Adrienne Ponzo’s guilty plea to the charged offense will likely result in Adrienne Ponzo being
subject to immigration proceedings and removed from the United States by making Adrienne
Ponzo deportable, excludable, or inadmissible, or ending Adrienne Ponzo’s naturalization.
Adrienne Ponzo understands that the immigration consequences of this plea will be imposed in a
separate proceeding before the immigration authorities. Adrienne Ponzo wants and agrees to plead
guilty to the charged offense regardless of any immigration consequences of this plea, even if this
plea will cause Adrienne Ponzo’s removal from the United States. Adrienne Ponzo understands
that Adrienne Ponzo is bound by this guilty plea regardless of any immigration consequences.
Accordingly, Adrienne Ponzo waives any right to challenge the guilty plea, sentence, or both based
on any immigration consequences. Adrienne Ponzo also agrees not to seek to withdraw this guilty
plea, or to file a direct appeal, or any kind of collateral attack challenging the guilty plea,
conviction, or sentence, based on any immigration consequences of the guilty plea or sentence.

Other Provisions

This agreement is limited to the United States Attorney’s Office for the District of New
Jersey and cannot bind other federal, state, or local authorities. If requested to do so, however,
this Office will bring this agreement to the attention of other prosecuting offices.

This agreement was reached without regard to any civil or administrative matters that may
be pending or commenced in the future against Adrienne Ponzo. So this agreement does not
prohibit the United States, any agency thereof (including the Internal Revenue Service and
Immigration and Customs Enforcement) or any third party from initiating or prosecuting any civil
or administrative proceeding against her.

No provision of this agreement shall preclude Adrienne Ponzo from pursuing in an
appropriate forum, when permitted by law, a claim that she received constitutionally ineffective
assistance of counsel.
Case 1:24-cr-00267-KMW Document 69 Filed 04/09/25 Page 6 of 10 PagelD: 473

No Other Promises

This agreement constitutes the entire plea agreement between Adrienne Ponzo and this
Office and supersedes any previous agreements between them. No additional promises,
agreements, or conditions have been made or will be made unless set forth in writing and signed
by the parties.

Very truly yours,

JOHN GIORDANO
United States Attorney
District of New Jersey

QM bo

By: DANIEL A. FRIEDMAN
Assistant United States Attorney

APPROVED:

ae

JASON M. RICHARDSON
Attorney-In-Charge, Camden

Case 1:24-cr-00267-KMW Document 69 _ Filed 04/09/25 Page 7 of 10 PagelD: 474

I have received this letter from my attorney, Troy A. Archie, Esq. I have read it. My
attorney and I have reviewed and discussed it and all of its provisions, including those addressing
the charge, sentencing, stipulations (including the attached Schedule A and Schedule B), waiver,
forfeiture, restitution, and immigration consequences. I understand this letter fully and am
satisfied with my counsel’s explanations. | accept its terms and conditions and acknowledge that
it constitutes the plea agreement between the parties. I understand that no additional promises,
agreements, or conditions have been made or will be made unless set forth in writing and signed
by the parties. I want to plead guilty pursuant to this plea agreement.

AGREED AND ACCEPTED:

A Lrcrnne (fenge Date: 3/17/2025

ADRIENNE PONZO

I have reviewed and discussed with my client this plea agreement and all of its provisions,
including those addressing the charge, sentencing, stipulations (including the attached Schedule A
and Schedule B), waiver, forfeiture, restitution, and immigration consequences. My client
understands this plea agreement fully and wants to plead guilty pursuant to it.

pa: B17 ]O0RS

Counsel to Defendant Adrienne Ponzo
Case 1:24-cr-00267-KMW Document 69 Filed 04/09/25 Page 8 of 10 PagelD: 475

Plea Agreement with Adrienne Ponzo
Schedule A

l. The Office and Adrienne Ponzo recognize that the United States Sentencing
Guidelines are not binding upon the Court. Each party nevertheless agrees to these stipulations.

2. The version of the Guidelines effective November 1, 2024, applies in this case.

3. The applicable guideline is USSG §2X1.1. Pursuant to USSG §2X1.1(a), the Base
Offense Level is the base offense level from the guideline for the substantive offense, plus any
adjustments from such guideline for any intended offense conduct that can be established with
reasonable certainty.

4, The applicable guideline is U.S.S.G. § 2B1.1. This guideline carries a Base Offense
Level of 7 because the statutory maximum prison sentence for the charged offense is 20 years or
more.

5. Specific Offense Characteristic U.S.S.G. § 2B1.1(b)(1)(H) applies because the total
loss amount is greater than $550,000 but less than $1,500,000. This Specific Offense
Characteristic results in an increase of 14 levels.

6. As of the date of this letter, Adrienne Ponzo has clearly demonstrated a recognition
and affirmative acceptance of personal responsibility for the offense charged. Therefore, a
downward adjustment of 2 levels for acceptance of responsibility is appropriate if Adrienne
Ponzo’s acceptance of responsibility continues through the date of sentencing. See U.S.S.G. §
3E1.1(a).

7. As of the date of this letter, Adrienne Ponzo has assisted authorities in the
investigation or prosecution of her own misconduct by timely notifying authorities of her intention
to enter a plea of guilty, thereby permitting the Office to avoid preparing for trial and permitting
the Office and the court to allocate their resources efficiently. At sentencing, the Office will move
for a further 1-point reduction in Adrienne Ponzo’s offense level pursuant to U.S.S.G. § 3E1.1(b)
if the following conditions are met: (a) Adrienne Ponzo enters a plea pursuant to this agreement,
(b) this Office, in its discretion, determines that Adrienne Ponzo’s acceptance of responsibility has
continued through the date of sentencing and Adrienne Ponzo therefore qualifies for a 2-point
reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a), and (c) Adrienne
Ponzo’s offense level under the Guidelines prior to the operation of § 3E1.1(a) is 16 or greater.

8. Accordingly, the parties agree that the total Guidelines offense level applicable to
Adrienne Ponzo is 18 (the “Total Offense Level”).

9. The parties agree not to advocate for any upward or downward adjustment or
departure from the Guidelines range resulting from (a) the Total Offense Level and (b) the criminal
history category that the sentencing judge applies under Chapter 4 of the Guidelines without any
departure or variance. But each party may seek a variance from that Guidelines range, which the
other party may oppose.
Case 1:24-cr-00267-KMW Document 69 Filed 04/09/25 Page 9 of 10 PagelD: 476

10. ‘If the term of imprisonment does not exceed 37 months, and except as specified in
the next paragraph below, Adrienne Ponzo will not challenge or seek to reduce by any means any
component of the sentence imposed by the sentencing judge for any reason other than ineffective
assistance of counsel. The term “any means” includes a direct appeal under 18 U.S.C. § 3742 or
28 U.S.C. § 1291, a motion to vacate the sentence under 28 U.S.C. § 2255, a motion to reduce the
term of imprisonment under 18 U.S.C. § 3582(c)(1)(B) or (c)(2), a motion for early termination of
supervised release under 18 U.S.C. § 3583(e)(1), and any other appeal, motion, petition, or writ,
however captioned, that seeks to attack or modify any component of the sentence. If the term of
imprisonment is at least 30 months, this Office will not challenge by appeal, motion, or writ any
component of the sentence imposed by the sentencing judge. The provisions of this paragraph
bind the parties even if the sentencing judge employs a Guidelines analysis different from the one
above.

11. Both parties reserve the right to file or to oppose any appeal, collateral attack, writ
or motion not barred by the preceding paragraph or any other provision of this plea agreement.
Moreover, the preceding paragraph does not apply to:

i. Any proceeding to revoke the term of supervised release;

ii. A motion for a reduction of the term of imprisonment under 18 U.S.C. §
3582(c)(1)(A); or

iii, An appeal from the denial of a § 3582(c)(1)(A) motion on the grounds that
the court erred in finding no extraordinary and compelling circumstances
warranting a reduced term of imprisonment or that the court failed to
consider those circumstances as a discretionary matter under the
applicable factors of 18 U.S.C. § 3553(a).
Case 1:24-cr-00267-KMW Document 69

Filed 04/09/25

Page 10 of 10 PagelD: 477

Plea Agreement with Adrienne Ponzo

Schedule B — Identified Lenders and Loans

--PPP/ Lender Loan Amount Funded
_EIDL Number oe
PPP Celtic Bank 4273737800 $49,980.00
PPP Itria Ventures 6505158504 $90,205.00
PPP Itria Ventures 7223698509 $55,195.00
PPP Itria Ventures 5914968507 $96,402.00
PPP Kabbage 5543168100 $64,550.00
PPP Kabbage 5591848108 $59,737.65
PPP Kabbage 5589148100 $125,979.00
PPP Kabbage 5606068103 $132,109.00
PPP Kabbage 8213688104 $66,396.00
EIDL Small Business 9426428203 $141,600.00
Administration
EIDL Small Business 9127358206 $147,100.00
Administration
EIDL Small Business 9394758202 $142,200.00
Administration
EIDL Small Business 8814038201 $145,800.00
Administration
EIDL Small Business 8815388203 $139,700.00
Administration

10

File and source

File

gov.uscourts.njd.546707.69.0.pdf

Size

1,107,833 bytes

SHA-256

3ee4044f6b98f13c44849baa1ed7033179af723f290c097e8e120bb97d1ad251

Our copy

gov.uscourts.njd.546707.69.0.pdf

Original

PACER (login required)