Court filing

Guilty Plea Agreement — United States v. Butler (Dkt. 6, E.D. Mo.)

Summary

A guilty plea agreement in United States v. Alexis Butler, No. 4:23cr00345 SRC, in the U.S. District Court for the Eastern District of Missouri, Eastern Division, filed June 28, 2023 as Doc. #: 6. Butler agrees to waive indictment and plead guilty to Count 1 of the Information, bank fraud, which carries imprisonment of not more than 30 years and a fine of not more than $1,000,000.00. She admits that between December 1, 2022 and January 19, 2023 she fraudulently withdrew $26,700 from a credit union account belonging to H.B., re-deposited $7,500, and left an actual loss of $19,200. The parties agree that 4 levels should be added because the loss exceeded $15,000, and the agreement runs 12 pages.

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

Filed June 28, 2023 in Alexis Butler; one of 1 filings from this case.

Record facts

Court	U.S. District Court for the Eastern District of Missouri
Filed	2023-06-28

Cite this document

“Guilty Plea Agreement — United States v. Butler (Dkt. 6, E.D. Mo.).” U.S. District Court for the Eastern District of Missouri, No. 4:23-cr-00345, Doc. 6, filed 2023-06-28. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-alexis-butler-moed-204106/2023-06-28-gov-uscourts-moed-204106-6-0-doc-6/, SHA-256 cc1e7e5e5cb4b50a933c56f59ec6f94e8308cb96ef2d1123550f068e18655980.

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Full text

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 1 of 12 PageID #: 39

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

UNITEO STATES QF AMERICA, ),
)
Plaintiff, )
)
v. ) NO. 4:23cr00345 SRC
)
)
ALEXIS BUTLER, )
)
Defendant. )

GUILTY PLEA AGREEMENT

Come riow the parties and hereby agree, as follows:

1. PARTIES:

The parties are the defendant, ALEXIS BUTLER, represented. by defense counsel,· Evan

Greenberg, Esq., and the United States of America (hereinafter "United States" or "Government"),

represented by the Office of the Uilitc:!d States A.ttq111ey for the Eastern DistriGt of Missouri, This
. . . . . . . .

agreement does not, and is not intended to, bind any governmental office or agency other than the
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United States Attorney for the Eastern District of Missouri. The Court is neither a party to nor
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bound by this agreement.

2. GUILTY PLEA: l
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Pursuant to Rule ll(c)(l)(A), Fed.eral Rules of Criminal Procedure, in exchange for the
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defenclant'.s waiver of indictment and voluntary plea of guilty to Count 1 of the Information, the
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United .~tates agrees that no further federal criminal prosecution will be brought in this -District

relative to the defendant;s use of the identifying information of H.B. to obtain money .- from the

account of H.B. between On or about December 1, 2022 and Jan~ary 31, 2023, of which the

Government is aware at this time.

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 2 of 12 PageID #: 40

The parties also recommend that this Court impose a sentence of 36 months incarceration

that will be run consecutive to any sentence imposed in Criminal Case Number 4:20CR00098 HEA.

In addition, the parties agree that the U.S; Sentencing Guidelin.es Total Offimse 'Level
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analysis agreed to by the_ parties is the result of negotiation and led, in part, to the guUty plea. The

parties further agree that because they are recommending the imposition of a sentence of36 months

incarceration neither party shall request any variance or departure pursuant to any chapter of the

s, United States Code, Section 3553, or any other provision or rule· of law not ·
· Guidelines, Title· 1

addressed herein.

The defendant also agrees, pursuant to the guilty -plea to Courit 1, to· forfeit to the United
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States all property subject to forfeiture under the applicable statute(s), including but not limited to

a money judgment.

3 . . ELEMENTS:
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As to Count 1, the defendant admits to knowingly violating Title 18, United States Code~

_Section J 344, and a,dmits there is a factual basis for the plea and further fully understands that the

elements of the crime are:

First, the defendant and others knowingly executed and attempted to execute a scheme to

defraud St. Louis Community CreditUnion, a financial institution, or obtain money, funds,

and assets owned by ·and under the custody and control of the financial institution by means

of false and fraudulent pretenses and representations;

Second, the defendant acted with the intent to defraud; ~d,

Third, the financial institution was insured by the United States Government.

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 3 of 12 PageID #: 41

4. FACTS:

The parties agree that the facts in this case are as·follows and that the .gov~rnment would

prove these fact~ beyond a reasonable doubt if the case were to go to trial. These facts may be

considered as relevant conduct pursuant to Section 1B 1.3:

At all times reievant to the Information, St. Louis Community Credit Union was a financial

institution insured by the federal government through the National Credit Union Association.

The defendant agrees and admits that sometime prior to December 2, 2022, in St. Louis

County:, Missouri, she obtained the St. Louis Community Cn~dit Union account number and the

personal identifying information of her 96-year-old great..grandmother, H;B. Defendant further

agrees and admits that she utilized the information to add a cellphone number and email address to

the cre4it union account th~t purportedly belonged to H.B. Defendant further agrees and admits that

she obtained online access to H.B.' s credit union account. At the time Defendant obtained access

to H.B.'s account, H.B.'s balance exceeded $22,700.

D~fendant also agrees and admits that,. on December 2, 2022, she caused
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the transfer of ·

$2,000 from the checking account of H.B. into the St. Louis Community Credit Union account of

M.J.J. The defendant further agrees and admitsthat, a day later, she opened a checking account and

a savings account with St. Louts Community Credit Union, ahd beg@ transferring money from

·H.B. 's account.into her checking account. The defendant agrees and admits that other than the funds

she fraudulently transferred from H.B.'s account, she did not deposit funds from·any other source

into .her checking accouni. The defendant further agrees 1:µ1d admits that she utilized the funds,

obtained from H.B.'s account, for her personal expenses.

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 4 of 12 PageID #: 42

Defendant further agrees and admits that at the time she established the online access and

transferred the funds, she deliberately ignored the high risk that H.B., because of her advanced age

and condition, likely lacked the capacity to authorize the use of her accoµnt information and also

lacked the capacity to authorize the defendant to transfer large amounts of money from her account

into the accounts ofM.J.J. and Defendant.

Specifically, Defendant agrees and admits that on January 19, 2023, she used the online

account access
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she established to transfer $1,0,00 from the. account of H.B. into her personal
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checking account leaving a balance of$4,069.76 in H.B.'s account.

The defendanJagrees and admit_s that between December 1, 2022 and January 19, 2023, she

fraudulently withdrew $26,700 from H.B.' s account. However, Defendantre-depoiited $7,500 into

H.B.'s account on January 6, 2023, leaving an actual los.s of $19,200.

5. STATUTORY PENALTIES:

The defendant fully understands that the maximum possible penalty pr<?vided by law for

the crime of bank fraud to which the defendant is pleading guilty in Count 1 is imprisonment of ~

not more than30 years, a fine of not more than $1,000,000.00, or both.. The Court may also

impose a period ofsupervised release of not more than 5 years.

6. U.S. SENTENCING GUIDELINES 2021 MANUAL:
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· . ·The defendant understands that Count 1 is affected by the U.S. Sentencing Guidelines and

the actual sentencing range. is determined by both the Total Offense... The parties agree that the

following are the appiicable U.S~ Sentencing Guidelines Total. Offense Level provisions.

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 5 of 12 PageID #: 43

a. Chapter 2 Offense Conduct:
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(1) Base Offense Level: The parties agree that the base offense level is 7 as found ,

in. Section 281.1 (a)(l ).
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(2) Chapter 2 Specific Offense Characteristics: The parties submit that the

following specific offense chara:ctetistic applies: 4 levels should be added pursuant to Section

2B1J(b)(l)(C) because the loss exceeded $15,000,00; and 2·levels should be added pursuant to

Section 2B 1.1 (b)(2)(A)(iii)
. because the offense resulted in substantial financial hardship to. one or

more victims.

b. Chapter 3 Adiustments:

(1} Other Aditistments: The parties submit that the following specific offense

characteristic applies: 2 levels should be .added pursuant to Section 3A 1.1 (b)(1) because the

defendant knew or should have known that a victim of the offense was a vulnerable victim.

(i) · Acceptance of Responsibility: The parties recommend that two levels

. should be deducted pursuant to Sections 3El.l(a) because the defendant has.clearly demonstrated.
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acceptance of responsibility. The parties agree that the defendant's eligibility for this. deductiori is

based upon information presently lmown. If subsequent to the taking of the guilty plea the

, government receives new evidence of statements or conduct by the defendant which it believes are

inconsistent with defendant's eligibility for this deduction, the government may present said

evidence to the court, and argue that the defendant shou.ld not receive all or part of the deduction
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pursuant to Section 3El. 1-, without Violating the plea agreetnerit.

c.· Estimated Total Offense Level: Th~ parties estinmte that the_ Total Offense 'Level is

13.

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 6 of 12 PageID #: 44

d. Criminal History: The determination of the defendant's Criminal History Category
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shall be left to the Court. Either party may challenge, before and at sentencing, the finding of the

Presentence Report as to the defendant's criminal history and the applicable category. The

defendant's criminal history is known to the defendant and is substantially available in the Pretrial
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Services Report.
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e. Effect of Parties' U.S. Sentencing Guidelines Analysis: The parties agree that the
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Court is not bound by the Guidelines analysis agreed to herein. The parties may not have foreseen

all applicable Guidelines. The .Court may, in its discretion, apply or not apply_ any Guideline

despite the agreement herein and the parties shall not be permitted to withdraw from the plea

agreement.

7. WAIVER OF APPEAL AND POST-CONVICTION RIGHTS:

a. .Appeal: The defendant has been fully apprised· by defense counsel of the defendant's

rights concerning appeal ahd fufly understands the right to appeal the sentence under
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Title 18, United States Code, Section .~742.

(1) Non-Sentencing Issues: The parties waive all rights to appeal all non-

jurisdictional, non;_sentencing issues, including, but not limited to, any issues relating to

motions, discovery and the guilty plea.

{2) Sentencing Issues: In the event the Court accepts the plea, accepts the U.S.

Sentencing Guidelines Total Offense Level agreed to herein, and, after determining a Sentencing

Guidelines range, sentences the defendant within or below that range, then, as part of this

agreement, the defendant hereby waives all rights to appeal all sentencing issues other than Criminal
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History, but only if it affects the Base Offense Level or Criminal History Category. Si~ilarly, the

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 7 of 12 PageID #: 45

Government hereby waives all rights to appeal all sentencing
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issues other
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than Criminal
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History,-

provided the Court accepts the plea, the agreed. Total Offense Level and sentences the defendant

within or above that range.

b. Habeas Corpus: The defendant agrees to waive all rights to contest the· conviction

or sentence in any post-conviction proceeding, including on¢ pursuant to Tide 28, United States
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Code, Section 2255, except for claims of prosecutorial misconduct or ineffective assistance -of

counsel.

c. Right to Records: The defendant waives all rights, whether asserted directly or by a

representative, to request from any department or agency of the United States any records pertaining

to the investigation or prosecution of this case, including any .records that may be_ sought under the

Freedom of Infcmiiation Act, Title 5, United States Code, Section 522, or the Privacy Act, Title 5,

United States Code, Section 552(a).

8. OTHER:

a. Disclosures Required by the. United States Probation Office: The defendant agree~

to truthfully complete and sign forms as required by the United States Probation Office

prior to sentencing and consents to the release of these forms and any supporting documentation

by the United States Probation Office to the government
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b. Civil or. Administrative Actions not Barred; Effect on Other -Governmental

-Agencies: Nothing contained herein limits the rights and authority of the United States to take

any civil, tax, immigration/deportation or administrative action against the defendant.

c. _ Supervised Release: Pursuant to any supervised relea~e term, the Court will impose
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standard conditions upon the defendant and may impose special conditions related to •the crime

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 8 of 12 PageID #: 46

defendant committed.. As a special condition of supervi.sed release, defe11dant agrees not to initiate

any contact, direct or indirect, wit~ victims of the offense or identified government witnesses.

These conditions Will be restrictions on the defendant to which .the defendant will be required to

adhere. Violatic:m of the .conditions of supervised release resulting in revocation may require the

defendant to serve a term of imprisonment equal to the length of the term of supervised release, but

not greater than the term set forth in Title 18, United States Code, Section 3 583 (e)(3 ), without credit

for the time serv.ed after release. ·,The defendant understands that p1lJ'ole has been abo!Jshed.

d. Mandatory. Special Assessment: Pursuant. to Title 18, United States Code, Section

3013, the Court is required to impose a mandatory special assessment of $100.00 per count, for a •

total of $100.00, which the defendant agrees to pay at the time of sentencing. Money .paid by the

defendant toward any restitution or fine imposed by the Court shall be first used to pay any unpaid

mandatory special assessment.

e. Possibility of Detention: The defendant may be subject io immediate .detention /

pursuant to the provisions of Title 18, United States Code, Section 3143.

f. Fines, Restitution and Costs of Incarceration and Supervision: The Court inay

impose a fine, restitution (in addition to any penalty authorized by law), costs of incarceration and . ,

costs of supervision. · The defendant agrees that any fine or restitution imposed by the Court will

be due and payable immediately. The precise amount of restitution is unknown at the present

time. Pursuant to Title 18, United States Code, Section 3663A, an otdet of restitution is

mandatory for all crim.es listed ih Section 3663A(c). Regardless of the Count of conviction, the

amount of mandatory restitution impos~d shall include all amounts allowed by Section 3663A(b)

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 9 of 12 PageID #: 47

and the amount ofloss agreed to by the parties, including all relevant conduct loss. . The defendant

agrees to provide full restitution to all victims of all charges in the indictment.

g. Forfeiture: The defendant agrees the stipulated facts above are sufficient to support

forfeiture of certain assets· pursuant to the applicable forfeiture authorities. Defendant specifically

agrees to the entry of a forfeiture money judgment. The defendant agr~es the Court may enter a

consent preliminary order of forfeiture any time before sentencing, and such Order will become

final as to the defendant when it is issued and will be part of the sentence. The defend.ant agrees not
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to object to any administrative, civi_l or criminal forfeiture brought against any' assets subject to

forfeiture. The defendant will execute any documents and take all steps nee<led to transfer title or

ownershjp of said assets to the government and/or to rebut the claims of nominees and/or alleged

third party owners. The defendant knowingly and intelligently waives ~JI constitutional Md

statutory cpallenges to any forfeiture carried out in accordance with this plea agreement, including

but not limited to that defendant was not given adequate notice· of forfeiture in the charging
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instrument.

The defendant knowingly and voluntarily waives any right, title, and interest in all items

· . seized by law enforcement .officials during the cmirse of their investigation, whether or not they are· ·

subject to forfeiture; and agrees not to contest the vesting of title of such items in the United
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States. The defendant agrees thatsaid items may be disposed of by law enforcement officials in any

manner.

9. ACKNOWLEDGMENT AND WAIVER OF THE DEFENDANT'S RIGHTS:

In pleading guilty? the defendant acknowledges~ fully understands and hereby waives her rights,

including but not limited to: the right to plead not guilty to the charges: the right to be tried by·~

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 10 of 12 PageID #: 48

jury in a public and speedy trial; the right to file pretrial motions, including motions to. suppress or

exclude evidence; the right at such trial to a presumption of innocence; the right to require the

government to prove the elements of the offenses against the defendant beyond a reasonable doubt;

the right not to testify: the right not to present atiy evidence; the right to be protected from compelled
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self-incrimination; the right at trial to confront and cross-examine adverse witnesses; the right to

testify and present evidence and the right to compel the attendance of witnesses. The defendant

further understands that by this guilty plea, the defendant expi;-essly waives all the· rights set forth

in this paragraph. . •

The defendant fullr understands that the defendant has the right to be represented by

counsel; and if necessary, to have the Court appoint counsel at trial and at every other stage of the

proce~ding. The defendant;s counsel has explained these rights and the consequences of the

waiver of these rights'. The defendant fully understands that, as a result of the guilty plea, no trial

will; in fact, occur an~ _that the onJy action remaining to be taken in this case is the imposition of

the sentence.

The defendant is fully satisfied with the representation received from defense cbunseL The

defendant has reviewed the goverrnilent's evidence and discussed the government's case and all

possible defenses atJ.O defense witnesses with defense counsel. Defense counsel has completely
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and satisfactorily explored all areas Which the defendant has requested relative to the govermnent's

case and any defenses.

10. VOLUNTARY NATURE OF THE GUILTY PLEA AND PLEA AGREEMENT:

This document constitutes the entire agreement between the defendant and the governm~nt;
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and rto oth:er promises or inducements haye been made, directly or indirectly, by any agent of the
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Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 11 of 12 PageID #: 49

government, including· any Department of Justice attorney, concerning any plea to be entered in

this case. In additjon, the defendant states that no person has, directly or indirectly, threatened or

coerced the defendant to do or refrain from doing anything in connect_ion w~th any aspect of this

case, including entering a plea of guilty.

The defendant acknowledges having voluntarily entered into both the plea,agreement and
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the guilty plea. The defendant further acknowledges that this guilty plea is made of the defendant's

own free will and that the defendant i~, in fact, guilty.

11. CONSEQUENCES OF POST-PLEA MISCONDUCT:

After pleading guilty and before sentencing, if defendant commits any crime, other than

minor traffic offenses, violates any condition of release that results in revocation, violates any term

of this guilty plea · agreement, intentionally provides misleading, incomplete or untruthful ·

information to the U.S. Probation Office or fails to appear for sentencing, the United States, at its "--

option~ may be released from its obligations under this agreement. The Government may also, in

its discretion, proceed with this ~greement and may adve>cate for any sentenci:rig posltion supported

by th~ facts, including but not limited to obstruction of justice and denial of acceptance of

responsibility.

Case: 4:23-cr-00345-SRC Doc. #: 6 Filed: 06/28/23 Page: 12 of 12 PageID #: 50
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12. NO RIGHT TO WITHDRAW GUILTY PLEA:

Pursuant to Rule ll(c) and (d), Federal Rules of Criminal Procedure, the defendant

understands that there will be no right to withdraw the plea entered under this agreement, except
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where the Court rejects those portions of the plea agreement which deal with charges the

government agrees to dismiss or not t_o bring.

'1/'iil.:). a~ J
Date ~<.§.!014753 TN
Assistant Unite States Attorney
111 South 10th Street, Room 20.333
St. Louis, Missouri 63102 .·
(314) 539-2200
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ALEXISBUTLER ~
Defendant

Date EV ERG,ESQ.
Attorney for Defendant

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