PLEA AGREEMENT filed by Plaintiff USA as to Defendant Arman Hayrapetyan — USA v. Ayvazyan et al (Dkt. 377)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 377 · 2021-05-28 · Docket on CourtListener

Summary

A plea agreement between the United States and defendant Arman Hayrapetyan, filed May 28, 2021 as Document 377 in USA v. Ayvazyan et al., No. CR 20-579(A)-SVW, in the U.S. District Court for the Central District of California. The agreement is between the defendant, the United States Attorney’s Office for the Central District of California and the Department of Justice Criminal Division Fraud Section, and states that it cannot bind other authorities. The defendant agrees to plead guilty to count twenty-six of the first superseding indictment, charging conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h), to forfeit assets derived from the offense, and to complete a Financial Disclosure Statement. It records consent to remote proceedings under Federal Rules of Criminal Procedure 5(f) and 10(c) and Section 15002(b) of the CARES Act. The agreement runs 27 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

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TRACY L. WILKISON
Acting United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
SCOTT PAETTY (Cal. Bar No. 274719)
CATHERIN S. AHN (Cal. Bar No. 248286)
BRIAN FAERSTEIN (Cal. Bar No. 274850)
Assistant United States Attorneys
Major Frauds/Environmental and Community Safety Crimes Sections
1100/1300 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6527/3819
Facsimile: (213) 894-6269/0141
E-mail:
Scott.Paetty@usdoj.gov
Brian.Faerstein@usdoj.gov
DANIEL S. KAHN
Acting Chief, Fraud Section
Criminal Division, U.S. Department of Justice
CHRISTOPHER FENTON
Trial Attorney, Fraud Section
Criminal Division, U.S. Department of Justice
1400 New York Avenue NW, 3rd Floor
Washington, DC 20530
Telephone: (202) 320-0539
Facsimile: (202) 514-0152
E-mail:
Christopher.Fenton@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ARMAN HAYRAPETYAN,
Defendant.
No. CR 20-579(A)-SVW
PLEA AGREEMENT FOR DEFENDANT
ARMAN HAYRAPETYAN 
1.
This constitutes the plea agreement between ARMAN
HAYRAPETYAN (“defendant”) and the United States Attorney’s Office for 
the Central District of California and the United States Department 
of Justice, Criminal Division, Fraud Section (collectively referred 
Case 2:20-cr-00579-SVW   Document 377   Filed 05/28/21   Page 1 of 27   Page ID #:3901

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to herein as the “United States”) in the above-captioned case.  This 
agreement is limited to the United States and cannot bind any other 
federal, state, local, or foreign prosecuting, enforcement, 
administrative, or regulatory authorities.
DEFENDANT’S OBLIGATIONS
2.
Defendant agrees to:
a.
At the earliest opportunity requested by the United
States and provided by the Court, appear and plead guilty to count
twenty-six of the first superseding indictment in United States v. 
Richard Ayvazyan et al., CR No. 20-579(A), which charges defendant 
with conspiracy to commit money laundering, in violation of 18 U.S.C. 
§ 1956(h).
b.
Agree that all court appearances, except his 
sentencing hearing, may proceed by video-teleconference (“VTC”) or 
telephone, if VTC is not reasonably available, so long as such 
appearances are authorized by Order of the Chief Judge 20-097 or 
another order, rule, or statute.
Defendant understands that, under 
the United States Constitution, the United States Code, and the
Federal Rules of Criminal Procedure (including Rules 11 and 43), he
may have the right to be physically present at these hearings.
Defendant understands that right and, after consulting with counsel, 
voluntarily agrees to waive it and to proceed remotely.  Defense 
counsel also joins in this consent, agreement, and waiver.
Specifically, this agreement includes, but is not limited to, the 
following:
i.
Defendant consents under Federal Rules of 
Criminal Procedure 5(f) and 10(c) and Section 15002(b) of the CARES
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Act to proceed with his initial appearance and arraignment by VTC or 
telephone, if VTC is not reasonably available.
ii.
Defendant consents under Section 15002(b) of the 
CARES Act to proceed with his waiver of indictment, under Federal 
Rule of Criminal Procedure 7(b), by VTC or telephone, if VTC is not 
reasonably available.
iii. Defendant consents under Section 15002(b) of the 
CARES Act to proceed with his change of plea hearing by VTC or 
telephone, if VTC is not reasonably available.
iv.
Defendant consents under 18 U.S.C. § 3148 and 
Section 15002(b) of the CARES Act to proceed with any hearing 
regarding alleged violations of the conditions of pretrial release by 
VTC or telephone, if VTC is not reasonably available.
c.
Not contest facts agreed to in this agreement.
d.
Abide by all agreements regarding sentencing contained 
in this agreement.
e.
Appear for all court appearances, surrender as ordered 
for service of sentence, obey all conditions of any bond, and obey 
any other ongoing court order in this matter.
f.
Not commit any crime; however, offenses that would be
excluded for sentencing purposes under United States Sentencing 
Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not 
within the scope of this agreement.
g.
Be truthful at all times with the United States 
Probation and Pretrial Services Office and the Court.
h.
Pay the applicable special assessment at or before the 
time of sentencing unless defendant has demonstrated a lack of 
ability to pay such assessments.
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i.
Ability to pay shall be assessed based on the 
Financial Disclosure Statement, referenced below, and all other 
relevant information relating to ability to pay.
j.
Defendant agrees that any and all restitution/fine 
obligations ordered by the Court will be due in full and immediately.
The government is not precluded from pursuing, in excess of any 
payment schedule set by the Court, any and all available remedies by 
which to satisfy defendant’s payment of the full financial 
obligation, including referral to the Treasury Offset Program.
k.
Complete the Financial Disclosure Statement on a form 
provided by the United States and, within 30 days of defendant’s 
entry of a guilty plea, deliver the signed and dated statement, along 
with all of the documents requested therein, to the United States by
either email at usacac.FinLit@usdoj.gov (preferred) or mail to the 
United States Financial Litigation Section at 300 N. Los Angeles St., 
Suite 7516, Los Angeles, CA 90012.
l.
Authorize the United States to obtain a credit report 
upon returning a signed copy of this plea agreement. 
m.
Consent to the United States inspecting and copying 
all of defendant’s financial documents and financial information held 
by the United States Probation and Pretrial Services Office.
3.
Defendant further agrees:
a.
To forfeit all right, title, and interest in and to 
any and all monies, properties, and/or assets of any kind, derived 
from or acquired as a result of the illegal activity to which 
defendant is pleading guilty (collectively, the “Forfeitable 
Assets”).
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b.
To the Court’s entry of an order of forfeiture at or 
before sentencing with respect to the Forfeitable Assets and to the 
forfeiture of the assets.
c.
To take whatever steps are necessary to pass to the 
United States clear title to the Forfeitable Assets, including, 
without limitation, the execution of a consent decree of forfeiture 
and the completing of any other legal documents required for the 
transfer of title to the United States.
d.
Not to contest any administrative forfeiture 
proceedings or civil judicial proceedings commenced against the 
Forfeitable Assets.  If defendant submitted a claim and/or petition 
for remission for all or part of the Forfeitable Assets on behalf of 
himself or any other individual or entity, defendant shall and hereby 
does withdraw any such claims or petitions, and further agrees to 
waive any right he may have to seek remission or mitigation of the 
forfeiture of the Forfeitable Assets.
e.
Not to assist any other individual in any effort 
falsely to contest the forfeiture of the Forfeitable Assets.
f.
Not to claim that reasonable cause to seize the 
Forfeitable Assets was lacking.
g.
To prevent the transfer, sale, destruction, or loss of 
any and all assets described above to the extent defendant has the 
ability to do so.
h.
To fill out and deliver to the United States a
completed financial statement listing defendant’s assets on a form 
provided by the United States.
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i.
That forfeiture of Forfeitable Assets shall not be 
counted toward satisfaction of any special assessment, fine, 
restitution, costs, or other penalty the Court may impose.
4.
Defendant further agrees to cooperate fully with the United
States, the Federal Bureau of Investigation (“FBI”), the Internal 
Revenue Service-Criminal Investigation (“IRS-CI”), the Small Business 
Administration-Office of Inspector General (“SBA-OIG”), and, as 
directed by the United States, any other federal, state, local, or 
foreign prosecuting, enforcement, administrative, or regulatory 
authority.  This cooperation requires defendant to:
a.
Respond truthfully and completely to all questions 
that may be put to defendant, whether in interviews, before a grand 
jury, or at any trial or other court proceeding.
b.
Attend all meetings, grand jury sessions, trials or 
other proceedings at which defendant’s presence is requested by the 
United States or compelled by subpoena or court order.
c.
Produce voluntarily all documents, records, or other 
tangible evidence relating to matters about which the United States,
or its designee, inquires.
5.
For purposes of this agreement: (1) “Cooperation
Information” shall mean any statements made, or documents, records, 
tangible evidence, or other information provided, by defendant 
pursuant to defendant’s cooperation under this agreement or pursuant
to the letter agreement previously entered into by the parties dated 
May 6, 2021 (the “Letter Agreement”); and (2) “Plea Information”
shall mean any statements made by defendant, under oath, at the 
guilty plea hearing and the agreed to factual basis statement in this 
agreement.
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THE UNITED STATES’ OBLIGATIONS
6.
The United States agrees to:
a.
Not contest facts agreed to in this agreement.
b.
Abide by all agreements regarding sentencing contained 
in this agreement.
c.
At the time of sentencing, move to dismiss the
remaining counts of the superseding indictment and move to dismiss 
the underlying indictment as against defendant.  Defendant agrees, 
however, that at the time of sentencing the Court may consider any 
dismissed charges in determining the applicable Sentencing Guidelines 
range, the propriety and extent of any departure from that range, and
the sentence to be imposed.
d.
At the time of sentencing, provided that defendant 
demonstrates an acceptance of responsibility for the offense up to 
and including the time of sentencing, recommend a two-level reduction 
in the applicable Sentencing Guidelines offense level, pursuant to 
U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an 
additional one-level reduction if available under that section.
e.
Recommend that defendant be sentenced to a term of 
imprisonment no higher than the low end of the applicable Sentencing 
Guidelines range, provided that the offense level used by the Court 
to determine that range is 21 or higher and provided that the Court 
does not depart downward in offense level or criminal history 
category.  For purposes of this agreement, the low end of the 
Sentencing Guidelines range is that defined by the Sentencing Table 
in U.S.S.G. Chapter 5, Part A.
7.
The United States further agrees:
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a.
Not to offer as evidence in its case-in-chief in the 
above-captioned case or any other criminal prosecution that may be 
brought against defendant by the United States, or in connection with 
any sentencing proceeding in any criminal case that may be brought 
against defendant by the United States, any Cooperation Information.
Defendant agrees, however, that the United States may use both 
Cooperation Information and Plea Information: (1) to obtain and 
pursue leads to other evidence, which evidence may be used for any 
purpose, including any criminal prosecution of defendant; (2) to
cross-examine defendant should defendant testify, or to rebut any 
evidence offered, or argument or representation made, by defendant, 
defendant’s counsel, or a witness called by defendant in any trial, 
sentencing hearing, or other court proceeding; and (3) in any 
criminal prosecution of defendant for false statement, obstruction of 
justice, or perjury.
b.
Not to use Cooperation Information against defendant 
at sentencing for the purpose of determining the applicable guideline 
range, including the appropriateness of an upward departure, or the 
sentence to be imposed, and to recommend to the Court that 
Cooperation Information not be used in determining the applicable 
guideline range or the sentence to be imposed.  Defendant 
understands, however, that Cooperation Information will be disclosed
to the United States Probation and Pretrial Services Office and the 
Court, and that the Court may use Cooperation Information for the 
purposes set forth in U.S.S.G § 1B1.8(b) and for determining the 
sentence to be imposed.
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c.
In connection with defendant’s sentencing, to bring to 
the Court’s attention the nature and extent of defendant’s 
cooperation.
d.
If the United States determines, in its exclusive 
judgment, that defendant has both complied with defendant’s 
obligations under paragraphs 2 and 3 above and provided substantial 
assistance to law enforcement in the prosecution or investigation of 
another (“substantial assistance”), to move the Court pursuant to 
U.S.S.G. § 5K1.1 to fix an offense level and corresponding guideline 
range below that otherwise dictated by the sentencing guidelines, and 
to recommend a term of imprisonment within this reduced range.
DEFENDANT’S UNDERSTANDINGS REGARDING COOPERATION
8.
Defendant understands the following:
a.
Any knowingly false or misleading statement by 
defendant will subject defendant to prosecution for false statement, 
obstruction of justice, and perjury and will constitute a breach by 
defendant of this agreement.
b.
Nothing in this agreement requires the United States
or any other prosecuting, enforcement, administrative, or regulatory 
authority to accept any cooperation or assistance that defendant may 
offer, or to use it in any particular way.
c.
Defendant cannot withdraw defendant’s guilty plea if
the United States does not make a motion pursuant to U.S.S.G. § 5K1.1
for a reduced guideline range or if the United States makes such a 
motion and the Court does not grant it or if the Court grants such a 
United States motion but elects to sentence above the reduced range.
d.
At this time the United States makes no agreement or
representation as to whether any cooperation that defendant has 
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provided or intends to provide constitutes or will constitute 
substantial assistance.  The decision whether defendant has provided 
substantial assistance will rest solely within the exclusive judgment 
of the United States.
e.
The United States’ determination whether defendant has 
provided substantial assistance will not depend in any way on whether 
the government prevails at any trial or court hearing in which 
defendant testifies or in which the government otherwise presents 
information resulting from defendant’s cooperation.
NATURE OF THE OFFENSE
9.
Defendant understands that for defendant to be guilty of 
the crime charged in count twenty-six of the superseding indictment 
in United States v. Richard Ayvazyan et al., CR No. 20-579(A), which 
charges defendant with conspiracy to commit money laundering, in 
violation of 18 U.S.C. § 1956(h), the following must be true:
(1) defendant agreed with one or more co-conspirators to knowingly 
conduct a financial transaction involving property that represented 
the proceeds of wire fraud and/or bank fraud; (2) defendant knew that 
the property represented the proceeds of some form of unlawful 
activity; and (3) defendant knew that the transaction was designed in 
whole or in part conceal or disguise the nature, location, source, 
ownership, or control of the proceeds of such unlawful activity 
(i.e., § 1956(a)(1)(B)(i)).
PENALTIES AND RESTITUTION
10.
Defendant understands that the statutory maximum sentence 
that the Court can impose for a violation of Title 18, United States 
Code, Section 1956(h), is: 20 years’ imprisonment; a three-year
period of supervised release; a fine of $500,000 or twice the gross 
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gain or gross loss resulting from the offense, whichever is greatest; 
and a mandatory special assessment of $100.
11.
Defendant understands that defendant will be required to 
pay full restitution to the victims of the offenses to which 
defendant is pleading guilty.  Defendant agrees that, in return for 
the United States’ compliance with its obligations under this 
agreement, the Court may order restitution to persons other than the 
victims of the offenses to which defendant is pleading guilty and in 
amounts greater than those alleged in the counts to which defendant 
is pleading guilty.  In particular, defendant agrees that the Court 
may order restitution to any victim of any of the following for any 
losses suffered by that victim as a result: (a) any relevant conduct, 
as defined in U.S.S.G. § 1B1.3, in connection with the offenses to
which defendant is pleading guilty; and (b) any counts dismissed and 
charges not prosecuted pursuant to this agreement as well as all 
relevant conduct, as defined in U.S.S.G. § 1B1.3, in connection with 
those counts and charges.  The parties currently believe that there
is no restitution owed in this caset, but recognize and agree that a
restitution amount may be determined based on facts that come to the 
attention of the parties prior to sentencing.
12.
Defendant understands that supervised release is a period 
of time following imprisonment during which defendant will be subject 
to various restrictions and requirements.  Defendant understands that 
if defendant violates one or more of the conditions of any supervised
release imposed, defendant may be returned to prison for all or part 
of the term of supervised release authorized by statute for the 
offense that resulted in the term of supervised release, which could 
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result in defendant serving a total term of imprisonment greater than 
the statutory maximum stated above.
13.
Defendant understands that, by pleading guilty, defendant 
may be giving up valuable government benefits and valuable civic 
rights, such as the right to vote, the right to possess a firearm, 
the right to hold office, and the right to serve on a jury.
Defendant understands that he is pleading guilty to a felony and that 
it is a federal crime for a convicted felon to possess a firearm or 
ammunition.
Defendant understands that the conviction in this case 
may also subject defendant to various other collateral consequences,
including but not limited to revocation of probation, parole, or 
supervised release in another case and suspension or revocation of a 
professional license.  Defendant understands that unanticipated 
collateral consequences will not serve as grounds to withdraw 
defendant’s guilty plea.
14.
Defendant and his counsel have discussed the fact that, and 
defendant understands that, if defendant is not a United States 
citizen, the convictions in this case makes it practically inevitable 
and a virtual certainty that defendant will be removed or deported 
from the United States.  Defendant may also be denied United States 
citizenship and admission to the United States in the future.
Defendant understands that while there may be arguments that 
defendant can raise in immigration proceedings to avoid or delay 
removal, removal is presumptively mandatory and a virtual certainty 
in this case.  Defendant further understands that removal and 
immigration consequences are the subject of a separate proceeding and 
that no one, including his attorney or the Court, can predict to an 
absolute certainty the effect of his convictions on his immigration
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status.  Defendant nevertheless affirms that he wants to plead guilty 
regardless of any immigration consequences that his pleas may entail, 
even if the consequence is automatic removal from the United States
FACTUAL BASIS
15.
Defendant admits that defendant is, in fact, guilty of the 
offense to which defendant is agreeing to plead guilty.  Defendant 
and the United States agree to the statement of facts provided below 
and agree that this statement of facts is sufficient to support a 
plea of guilty to the charge described in this agreement and to 
establish the Sentencing Guidelines factors set forth in paragraph 17
below but is not meant to be a complete recitation of all facts 
relevant to the underlying criminal conduct or all facts known to 
either party that relate to that conduct.
Beginning in or around March 2020 and continuing at least until 
in or around October 2020, defendant, together with co-conspirators
known and unknown, including Manuk Grigoryan, and others 
(collectively, “co-conspirators”), knowingly engaged in a money 
laundering conspiracy, the object of which was to transfer the
illicit proceeds of a scheme in order to conceal the nature, source, 
location, ownership and control of those proceeds.  These proceeds
constituted fraudulently obtained disaster relief funds under the 
Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan 
Program (“EIDL”), two federal relief programs that were created 
through the Coronavirus Aid, Relief, and Economic Security (“CARES”) 
Act, a federal law that was enacted in or about March 2020 and that
was designed to provide emergency financial assistance to Americans 
suffering economic harm as a result of the COVID-19 pandemic.
As a 
result of the money laundering conspiracy, such proceeds were
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distributed among the co-conspirators for their own personal benefit, 
including the purchase of luxury goods, services, and real estate,
rather than being used for permissible business expenditures under 
the provisions of the PPP and EIDL programs.
Defendant was recruited by codefendant Grigoryan to join the 
money laundering conspiracy.
In furtherance of the conspiracy and 
for the purpose of carrying out its object, at the direction of 
Grigoryan and others, defendant opened various business checking 
accounts at a federally-insured financial institution with account
names that included Arman Hayrapetyan DBA S. Construction, Arman
Hayrapetyan DBA H. Construction, and Arman Hayrapetyan DBA S. Dental,
as set forth in the below chart (the “DBA bank accounts”), for the 
purpose of receiving deposits of criminal proceeds, which included 
the fraudulently obtained PPP and EIDL loans listed below.  Defendant 
opened these accounts based on Grigoryan’s representation that 
defendant would be a partner in the businesses listed in the account 
names; in fact, defendant was never legally associated with any of 
those businesses.
Type 
Business 
Applicant 
 Amount  
Deposit 
Date 
Deposit Bank Acct 
Acct# 
PPP 
S. Construction 
$182,637  
5/1/2020 
CHASE Arman 
Hayrapetyan (“AH”) DBA 
S. Construction Co. 
XXX9906 
PPP 
S. Construction 
$113,750  
5/1/2020 
CHASE AH DBA S. 
Construction Co. 
XXX9906 
 
Subtotal 
$296,387  
 
Type 
Business 
Applicant 
Amount 
Deposit 
Date 
Deposit Bank Acct 
Acct# 
PPP 
AH DBA H. 
Construction 
$112,500  
5/1/2020 
CHASE AH DBA H. 
Construction Co. 
XXX1511 
PPP 
H. Construction 
$130,000  
5/5/2020 
CHASE AH DBA H. 
Construction Co. 
XXX1511 
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PPP 
H. Construction 
$130,000  
5/6/2020 
CHASE AH DBA H. 
Construction Co. 
XXX1511 
PPP 
H. Construction 
$130,000  
5/1/2020 
CHASE AH DBA H. 
Construction Co. 
XXX1511 
 
Subtotal 
$502,500  
 
Type 
Business 
Applicant 
Amount 
Deposit 
Date 
Deposit Bank Acct 
Acct# 
PPP 
S. S. Dental DDS 
Inc 
$182,500  
5/5/2020 
CHASE AH DBA S. Dental 
XXX5355 
PPP 
S. S. Dental DDS 
Inc 
$182,500  
5/4/2020 
CHASE AH DBA S. Dental 
XXX5355 
EIDL 
S. S. Dental DDS 
Inc 
$150,000  
6/25/2020 
CHASE AH DBA S. Dental 
XXX5355 
EIDL 
Grant 
S. S. Dental DDS 
Inc 
$10,000  
6/23/2020 
CHASE AH DBA S. Dental 
XXX5355 
 
Subtotal 
$525,000  
 
 
 
 
 
 
 
Total: 
 
$ 1,323,887  
 
 
 
At the direction of codefendant Grigoryan, who supervised and 
managed defendant, defendant then used the DBA bank accounts to 
launder the proceeds from fraudulently obtained PPP and EIDL loans, 
which defendant knew were the proceeds of illegal activity undertaken 
by his co-conspirators, including Grigoryan, R. Ayvazyan, Terabelian, 
A. Ayvazyan, T. Dadyan, Paronyan, and V. Dadyan, between and among 
his co-conspirators.
For example, on or about May 4, 2020, 
defendant, together with other coconspirators including Grigoryan,
caused a check for approximately $50,000, drawn on the AH DBA S. 
Construction Co. bank account and comprised in substantial part of 
the fraudulent PPP loan proceeds for S. Construction and H. 
Construction, to be written to the order of Fiber One Media (the
“Fiber One Media check”).
The Fiber One Media check was endorsed on 
the back with the name of codefendant Terabelian’s alias, “Viktoria
Kauichko.”
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Furthermore, defendant, together with other coconspirators 
including Grigoryan, caused smaller payments to be made out of each 
of the above-referenced DBA bank accounts to some of the other 
codefendants.  To facilitate these transfers, defendant provided his 
login and password information for the DBA bank accounts to 
codefendant Grigoryan to give Grigoryan access to the accounts.  For 
instance, after the deposit of fraudulent PPP loan proceeds into the 
AH DBA S. Construction Co. account, defendant and codefendant 
Grigoryan caused the transfer of $500 to “Iuliia Zhadko,” the alias 
of codefendant R. Ayvazyan.
Similarly, after the deposit of the 
proceeds from two of the PPP loans into the AH DBA H. Construction
account, defendant and codefendant Grigoryan caused the transfer of 
two separate payments ($600 and $400) to codefendant Terabelian’s 
alias, “Viktoria Kauichko”.
Defendant agrees that he received approximately five percent of 
the fraudulent proceeds as payment for his agreement to launder the 
funds.
Defendant agrees that deposits of fraudulently obtained PPP
and EIDL loan proceeds into bank accounts that defendant controlled
totaled approximately $1,323,887.
SENTENCING FACTORS
16.
Defendant understands that in determining defendant’s 
sentence the Court is required to calculate the applicable Sentencing 
Guidelines range and to consider that range, possible departures
under the Sentencing Guidelines, and the other sentencing factors set 
forth in 18 U.S.C. § 3553(a).  Defendant understands that the 
Sentencing Guidelines are advisory only, that defendant cannot have 
any expectation of receiving a sentence within the calculated 
Sentencing Guidelines range, and that after considering the 
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Sentencing Guidelines and the other § 3553(a) factors, the Court will 
be free to exercise its discretion to impose any sentence it finds 
appropriate up to the maximum set by statute for the crime of
conviction.
17.
Defendant and the United States agree to the following 
applicable Sentencing Guidelines factors:
Base Offense Level:
22
U.S.S.G. § 2S1.1(a)(2),
U.S.S.G. §§ 2B1.1(b)(1)(H)
Specific Offense
Characteristics
Conviction under § 1956
+2
U.S.S.G. § 2S1.1(b)(2)(B)
Defendant and the United States reserve the right to argue that 
additional specific offense characteristics, adjustments, and 
departures under the Sentencing Guidelines are appropriate.
18.
Defendant understands that there is no agreement as to 
defendant’s criminal history or criminal history category.
19.
Defendant and the United States reserve the right to argue 
for a sentence outside the sentencing range established by the 
Sentencing Guidelines based on the factors set forth in 18 U.S.C. 
§§ 3553(a)(1), (a)(2), (a)(3), (a)(6), and (a)(7).
WAIVER OF CONSTITUTIONAL RIGHTS
20.
Defendant understands that by pleading guilty, defendant 
gives up the following rights:
a.
The right to persist in a plea of not guilty.
b.
The right to a speedy and public trial by jury.
c.
The right to be represented by counsel – and if 
necessary have the Court appoint counsel - at trial.  Defendant 
understands, however, that, defendant retains the right to be 
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represented by counsel – and if necessary have the Court appoint 
counsel – at every other stage of the proceeding.
d.
The right to be presumed innocent and to have the 
burden of proof placed on the government to prove defendant guilty 
beyond a reasonable doubt.
e.
The right to confront and cross-examine witnesses 
against defendant.
f.
The right to testify and to present evidence in 
opposition to the charges, including the right to compel the 
attendance of witnesses to testify.
g.
The right not to be compelled to testify, and, if 
defendant chose not to testify or present evidence, to have that 
choice not be used against defendant.
h.
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 be filed.
WAIVER OF APPEAL OF CONVICTION
21.
Defendant understands that, with the exception of an appeal 
based on a claim that defendant’s guilty plea was involuntary, by 
pleading guilty defendant is waiving and giving up any right to 
appeal defendant’s conviction on the offense to which defendant is
pleading guilty.
Defendant understands that this waiver includes, 
but is not limited to, arguments that the statute to which defendant 
is pleading guilty is unconstitutional, and any and all claims that 
the statement of facts provided herein is insufficient to support 
defendant’s plea of guilty.
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LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
22.
Defendant gives up the right to appeal all of the 
following: (a) the procedures and calculations used to determine and 
impose any portion of the sentence; (b) the term of imprisonment 
imposed by the Court, provided it is no more than the high-end of the 
Sentencing Guidelines range calculated by the Court; (c) the fine 
imposed by the Court, provided it is within the statutory maximum;
(d) to the extent permitted by law, the constitutionality or legality 
of defendant’s sentence, provided it is within the statutory maximum;
(e) the amount and terms of any restitution order; (f) the term of 
probation or supervised release imposed by the Court, provided it is 
within the statutory maximum; and (g) any of the following conditions 
of probation or supervised release imposed by the Court: the 
conditions set forth in Second Amended General Order 20-04 of this 
Court; the drug testing conditions mandated by 18 U.S.C. 
§§ 3563(a)(5) and 3583(d); and the alcohol and drug use conditions 
authorized by 18 U.S.C. § 3563(b)(7).
23.
Defendant also gives up any right to bring a post-
conviction collateral attack on the conviction or sentence, including 
any order of restitution, except a post-conviction collateral attack 
based on a claim of ineffective assistance of counsel, a claim of 
newly discovered evidence, or an explicitly retroactive change in the 
applicable Sentencing Guidelines, sentencing statutes, or statutes of 
conviction.  Defendant understands that this waiver includes, but is 
not limited to, arguments that the statute to which defendant is 
pleading guilty is unconstitutional, and any and all claims that the 
statement of facts provided herein is insufficient to support 
defendant’s plea of guilty.
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24.
The United States agrees that, provided (a) all portions of 
the sentence are at or below the statutory maximum specified above 
and (b) the Court imposes a term of imprisonment of no less than the 
low-end of the Sentencing Guidelines range calculated by the Court
the United States gives up its right to appeal any portion of the 
sentence, with the exception that the United States reserves the 
right to appeal the amount of any restitution ordered.
RESULT OF WITHDRAWAL OF GUILTY PLEA
25.
Defendant agrees that if, after entering a guilty plea
pursuant to this agreement, defendant seeks to withdraw and succeeds 
in withdrawing defendant’s guilty plea on any basis other than a 
claim and finding that entry into this plea agreement was 
involuntary, then (a) the United States will be relieved of all of 
its obligations under this agreement, including in particular its 
obligations regarding the use of Cooperation Information; (b) in any 
investigation, criminal prosecution, or civil, administrative, or 
regulatory action, defendant agrees that any Cooperation Information 
and any evidence derived from any Cooperation Information shall be 
admissible against defendant, and defendant will not assert, and 
hereby waives and gives up, any claim under the United States 
Constitution, any statute, or any federal rule, that any Cooperation 
Information or any evidence derived from any Cooperation Information 
should be suppressed or is inadmissible; and (c) should the United
States choose to pursue any charge that was either dismissed or not 
filed as a result of this agreement, then (i) any applicable statute 
of limitations will be tolled between the date of defendant’s signing 
of this agreement and the filing commencing any such action; and 
(ii) defendant waives and gives up all defenses based on the statute 
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of limitations, any claim of pre-indictment delay, or any speedy
trial claim with respect to any such action, except to the extent 
that such defenses existed as of the date of defendant’s signing this 
agreement.
RESULT OF VACATUR, REVERSAL OR SET-ASIDE
26.
Defendant agrees that if the count of conviction is 
vacated, reversed, or set aside, both the USAO and defendant will be 
released from all their obligations under this agreement.
EFFECTIVE DATE OF AGREEMENT
27.
This agreement is effective upon signature and execution of 
all required certifications by defendant, defendant’s counsel, and an 
Assistant United States Attorney.
BREACH OF AGREEMENT
28.
Defendant agrees that if defendant, at any time after the 
signature of this agreement and execution of all required 
certifications by defendant, defendant’s counsel, and an Assistant
United States Attorney, knowingly violates or fails to perform any of 
defendant’s obligations under this agreement (“a breach”), the United
States may declare this agreement breached.  For example, if 
defendant knowingly, in an interview, before a grand jury, or at 
trial, falsely accuses another person of criminal conduct or falsely 
minimizes defendant’s own role, or the role of another, in criminal 
conduct, defendant will have breached this agreement.  All of 
defendant’s obligations are material, a single breach of this 
agreement is sufficient for the United States to declare a breach, 
and defendant shall not be deemed to have cured a breach without the 
express agreement of the United States in writing.  If the United
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States declares this agreement breached, and the Court finds such a 
breach to have occurred, then:
a.
If defendant has previously entered a guilty plea
pursuant to this agreement, defendant will not be able to withdraw 
the guilty plea.
b.
The United States will be relieved of all its 
obligations under this agreement; in particular, the United States:
(i) will no longer be bound by any agreements concerning sentencing 
and will be free to seek any sentence up to the statutory maximum for 
the crime to which defendant has pleaded guilty; (ii) will no longer 
be bound by any agreements regarding criminal prosecution, and will 
be free to criminally prosecute defendant for any crime, including 
charges that the United States would otherwise have been obligated to 
dismiss; and (iii) will no longer be bound by any agreement regarding 
the use of Cooperation Information and will be free to use any 
Cooperation Information in any way in any investigation, criminal 
prosecution, or civil, administrative, or regulatory action.
c.
The United States will be free to criminally prosecute
defendant for false statement, obstruction of justice, and perjury 
based on any knowingly false or misleading statement by defendant.
d.
In any investigation, criminal prosecution, or civil, 
administrative, or regulatory action: (i) defendant will not assert,
and hereby waives and gives up, any claim that any Cooperation 
Information was obtained in violation of the Fifth Amendment 
privilege against compelled self-incrimination; and (ii) defendant
agrees that any Cooperation Information and any Plea Information, as 
well as any evidence derived from any Cooperation Information or any 
Plea Information, shall be admissible against defendant, and 
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defendant will not assert, and hereby waives and gives up, any claim 
under the United States Constitution, any statute, Rule 410 of the 
Federal Rules of Evidence, Rule 11(f) of the Federal Rules of 
Criminal Procedure, or any other federal rule, that any Cooperation 
Information, any Plea Information, or any evidence derived from any 
Cooperation Information or any Plea Information should be suppressed 
or is inadmissible.
29.
Following the Court’s finding of a knowing breach of this 
agreement by defendant, should the United States choose to pursue any 
charge that was either dismissed or not filed as a result of this 
agreement, then:
a.
Defendant agrees that any applicable statute of 
limitations is tolled between the date of defendant’s signing of this 
agreement and the filing commencing any such action.
b.
Defendant waives and gives up all defenses based on 
the statute of limitations, any claim of pre-indictment delay, or any 
speedy trial claim with respect to any such action, except to the 
extent that such defenses existed as of the date of defendant’s 
signing this agreement.
COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES
OFFICE NOT PARTIES
30.
Defendant understands that the Court and the United States 
Probation and Pretrial Services Office are not parties to this 
agreement and need not accept any of the United States’ sentencing
recommendations or the parties’ agreements to facts or sentencing 
factors.
31.
Defendant understands that both defendant and the United
States are free to: (a) supplement the facts by supplying relevant 
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information to the United States Probation and Pretrial Services 
Office and the Court, (b) correct any and all factual misstatements 
relating to the Court’s Sentencing Guidelines calculations and 
determination of sentence, and (c) argue on appeal and collateral 
review that the Court’s Sentencing Guidelines calculations and the 
sentence it chooses to impose are not error, although each party 
agrees to maintain its view that the calculations in paragraph 17 are
consistent with the facts of this case.  While this paragraph permits 
both the United States and defendant to submit full and complete 
factual information to the United States Probation and Pretrial
Services Office and the Court, even if that factual information may 
be viewed as inconsistent with the facts agreed to in this agreement, 
this paragraph does not affect defendant’s and the United States’
obligations not to contest the facts agreed to in this agreement.
32.
Defendant understands that even if the Court ignores any 
sentencing recommendation, finds facts or reaches conclusions 
different from those agreed to, and/or imposes any sentence up to the 
maximum established by statute, defendant cannot, for that reason, 
withdraw defendant’s guilty plea, and defendant will remain bound to 
fulfill all defendant’s obligations under this agreement.  Defendant 
understands that no one –- not the prosecutor, defendant’s attorney,
or the Court –- can make a binding prediction or promise regarding 
the sentence defendant will receive, except that it will be within 
the statutory maximum.
NO ADDITIONAL AGREEMENTS
33.
Defendant understands that, except as set forth herein, 
there are no promises, understandings, or agreements between the 
United States and defendant or defendant’s attorney, and that no 
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