Plea Agreement as to Aticha Jittaphol — USA v. Jittaphol (Dkt. 127, D. Mass.)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:21-cr-10270-MLW · Doc. 127 · 2022-06-17 · Docket on CourtListener

Full text

Case 1:21-cr-10270-MLW Document127 Filed 06/17/22 Pagelof7

U.S. Department of Justice

Rachael S. Rollins
United States Attorney
. District of Massachusetts

Main Reception: (617) 748-3100 John Joseph Moakley United States
Courthouse

1 Courthouse Way

Suite 9200

Boston, Massachusetts 02210

June 15, 2022
Keith S. Halpern, Esq.
572 Washington Street, Suite 19
Wellesley, MA 02482

Re: United States v. Aticha Jittaphol, 21-ct-10270-MLW
Dear Mr. Halpern:

The United States Attorney for the District of Massachusetts (the “U.S. Attorney”) and
your client, Aticha Jittaphol (“Defendant”), agree as follows, pursuant to Federal Rule of
Criminal Procedure 11(c)(1)(C):

1. Change of Plea

At the earliest practicable date, Defendant will waive Indictment and plead guilty to
counts one and two of the Information: making false statements, in violation of 18 U.S.C.
§1001. Defendant admits that Defendant committed the crimes specified in these counts and
is in fact guilty of each one. Defendant agrees to the accuracy of the attached statement of
facts. Defendant also agrees to waive venue, to waive any applicable statue of limitations, and
to waive any legal or procedural defects in the Information.

2. Penalties

Defendant faces the following maximum penalties: incarceration for five years;
supervised release for three years; a fine of $250,000; a mandatory special assessment of $200;
and restitution.

Defendant understands that, if Defendant is not a United States citizen by birth,
pleading guilty may affect Defendant’s immigration status. Defendant agrees to plead guilty
regardless of any potential immigration consequences, even if Defendant’s plea results in
being automatically removed from the United States.

1

Case 1:21-cr-10270-MLW Document127 Filed 06/17/22 Page 2of7

3, Rule 11(c)(1)(C) Plea

In accordance with Rule 11(c)(1)\(O), if the Court accepts this Plea Agreement, the
Court must include the agreed disposition in the judgment. If the Court rejects any part of this
Plea Agreement, the U.S. Attorney may void the agreement and/or Defendant may withdraw
from it. Defendant may not withdraw Defendant’s plea for any other reason.

Should the U.S. Attorney void the agreement and/or Defendant moves to withdraw
Defendant’s guilty plea, Defendant agrees to waive any defenses based upon statute of
limitations, the constitutional protection against pre-indictment delay, and the Speedy Trial
Act for all charges that could have been brought as of the date of this Plea Agreement. __

4. Sentencing Guidelines

The parties agree, based on the following calculations, that Defendant’s total “offense
level” under the Guidelines is 6:

a) Defendant’s base offense level is 6, because the defendant was convicted of
an offense with a statutory maximum of less than 20 years (USSG
§2B1.1(a)(2)); .

b) Defendant’s offense level is increased by 2, because the Defendant’s offense
caused a loss amount exceeding $6,500 (USSG §2B1.1(b)(1)(B)); and

c) Defendant’s offense level is decreased by 2, because Defendant has accepted
responsibility for Defendant’s crimes (USSG §3E1.1).

Defendant understands that the Court is not required to follow this calculation.
Defendant also understands that the government will object to any reduction in Defendant’s
sentence based on acceptance of responsibility, and may be released from the parties’ agreed-
upon disposition in Paragraph 5 if: (a) at sentencing, Defendant (directly or through counsel)
indicates that Defendant does not fully accept responsibility for having engaged in the conduct
underlying each of the elements of the crimes to which Defendant is pleading guilty; or (b) by
the time of sentencing, Defendant has committed a new federal or state offense, or has in any
way obstructed justice.

Nothing in this Plea Agreement affects the U.S. Attorney’s obligation to provide the
Court and the U.S. Probation Office with accurate and complete information regarding this
case.
Case 1:21-cr-10270-MLW Document127 Filed 06/17/22 Page 3of/7

5. Agreed Disposition

The parties agree on the following sentence:
a) incarceration for a period of time served;
b) no term of supervised release;

c) a mandatory special assessment of $200, which Defendant must pay to the
Clerk of the Court by the date of sentencing; and

d) restitution of $7,066.

6. Waiver of Appellate Rights and Challenges to Conviction or Sentence

Defendant has the right to challenge Defendant’s conviction and sentence on “direct
appeal.” This means that Defendant has the right to ask a higher court (the “appeals court”)
to look at what happened in this case and, if the appeals court finds that the trial court or the
parties made certain mistakes, overturn Defendant’s conviction or sentence. Also, in some
instances, Defendant has the right to file a separate civil lawsuit claiming that serious mistakes
were made in this case and that Defendant’s conviction or sentence should be overturned.

Defendant understands that Defendant has these rights, but now agrees to give them
up. Specifically, Defendant agrees that:

a) Defendant will not challenge Defendant’s conviction on direct appeal or in
any other proceeding, including in a separate civil lawsuit; and

b) Defendant will not challenge Defendant’s sentence, including any court
orders related to forfeiture, restitution, fines or supervised release, on direct
appeal or in any other proceeding, including in a separate civil lawsuit.

The U.S. Attorney agrees not to appeal the imposition of the sentence agreed to by the
parties in paragraph 5.

Defendant understands that, by agreeing to the above, Defendant is agreeing that
Defendant’s conviction and sentence will be final when the Court issues a written judgment
after the sentencing hearing in this case. That is, after the Court issues a written judgment,
Defendant will lose the right to appeal or otherwise challenge Defendant’s conviction and
sentence regardless of whether Defendant later changes Defendant’s mind. or finds new
information that would have led Defendant not to agree to give up these rights in the first

place.

Case 1:21-cr-10270-MLW Document127 Filed 06/17/22 Page4of/7

Defendant is agreeing to give up these rights in exchange for concessions the U.S.
Attorney is making in this Agreement.

The parties agree that, despite giving up these rights, Defendant keeps the right to later
claim that Defendant’s lawyer rendered ineffective assistance of counsel, or that the
prosecutor or a member of law enforcement involved in the case engaged in misconduct
serious enough to entitle Defendant to have Defendant's conviction or sentence overturned.

7. Civil Liability
This Plea Agreement does not affect any civil liability, including any tax liability,
Defendant has incurred or may later incur due to Defendant’s criminal conduct and guilty

plea to the charges specified in Paragraph 1 of this Agreement.

8. Breach of Plea Agreement

Defendant understands that if Defendant breaches any provision of this Agreement,
violates any condition of Defendant’s pre-trial release or commits any crime following
Defendant’s execution of this Plea Agreement, Defendant cannot rely upon such conduct to
withdraw Defendant’s guilty plea. Defendant’s conduct, however, would give the U.S..
Attorney the right to be released from the U.S. Attorney’s commitments under this
Agreement, to pursue any charges that were, or are to be, dismissed under this Agreement,
and to use against Defendant any of Defendant’s statements, and any information or
materials Defendant provided to the government during investigation or prosecution of
Defendant’s case—even if the parties had entered any earlier written or oral agreements or
understandings about this issue.

Defendant also understands that if Defendant breaches any provision of this
Agreement or engages in any of the aforementioned conduct, Defendant thereby waives any
defenses based on the statute of limitations, constitutional protections against pre-indictment
delay, and the Speedy Trial Act, that Defendant otherwise may have had to any charges based.
on conduct occurring before the date of this Agreement.

9. Who is Bound by Plea Agreement

This Agreement is only between Defendant and the U.S. Attorney for the District of
Massachusetts. It does not bind the Attorney General of the United States or any other
federal, state, or local prosecuting authorities.

10. Modifications to Plea Agreement

This Agreement can be modified or supplemented only in a written memorandum
signed by both parties, or through proceedings in open court.

Case 1:21-cr-10270-MLW Document127_ Filed 06/17/22 Page 5 of 7

* * *

If this letter accurately reflects the agreement between the U.S. Attorney and
Defendant, please have Defendant sign the Acknowledgment of Plea Agreement below.
Please also sign below as Witness. Return the original of this letter to Assistant U.S. Attorney

Kelly Lawrence.
_ Sincerely,

RACHAEL S. ROLLINS
United States Attorney

By: AA

TIM MQGRAN
Chief, Civil Rights Enforcement Team

Z | i} a hAAe——

KELEY LAWRENCE
Assistant US. Attorney
Case 1:21-cr-10270-MLW Document127 Filed 06/17/22 Page 6of/7

ACKNOWLEDGMENT OF PLEA AGREEMENT

I have had this letter read to me in my native language and discussed it with my
attorney. The letter accurately presents my agreement with the United States Attorney’s
Office for the District of Massachusetts. There are no unwritten agreements between me and
the United States Attorney’s Office, and no United States government official has made any
unwritten promises or representations to me in connection with my guilty plea. Other than
the plea agreement docketed on September 13, 2021, and rejected by the Court on April 18,
2022, I have received no prior offers to resolve this case.

I understand the crimes I am pleading guilty to, and the maximum penalties for those
crimes. I have discussed the Sentencing Guidelines with my lawyer, and I understand the
sentencing ranges that may apply.

I am satisfied with the legal representation my lawyer has given me, and we have had
enough time to meet and discuss my case. We have discussed the charges against me, possible
defenses I might have, the terms of this Agreement and whether I should go to trial.

Iam entering into this Agreement freely and voluntarily and because I am in fact guilty
of the offenses. I believe this Agreement is in my best interest.

Achy Jitragle|

Aticha Jittaphol
Defendant

pee: of #/ 2099

I certify that Aticha Jittaphol has had this Plea Agreement read to Defendant in
Defendant’s native language and that we have discussed what it means. I believe Aticha
Jittaphol understands the Agreement and is entering into it freely, voluntarily, and knowingly.
Lalso certify that, other than the plea agreement docketed on September 13, 2021, and rejected
by the Court on April 18, 2022, the U.S. Attorney has not extended any other offers regarding

a change of plea in this case.
Ud \eliper
SS)

Keith Halpern
Attorney for Defendant

Date: O\ Wee

Case 1:21-cr-10270-MLW Document127 _ Filed 06/17/22 Page 7 of 7

STATEMENT OF FACTS

Since in or around 2017, Aticha JITTAPHOL owned the Mantra Dhevi Spa, a
massage parlor in Brighton, MA. JITTAPHOL employed two to five employees and, at times,
JITTAPHOL herself also worked at the Mantra Dhevi Spa. With JITTAPHOL’s knowledge

-and consent, employees of the Mantra Dhevi Spa provided sexual services for a fee to many
customers. Typically, customers were asked if they wanted a “happy ending” or a hand job
at the end of their massage session. Customers paid $80 for a one-hour massage session, and
JITTAPHOL received $40 for each one-hour session. JITTAPHOL’s employees kept the
remaining $40 and any tips.

On March 31, 2020, JITTAPHOL applied to the Small Business Administration for
an Economic Injury Disaster Loan (EIDL) of about $30,000 for her business. The Small
Business Administration is an Executive-branch government agency. In the application,
JITTAPHOL certified that the “Applicant is not engaged in any illegal activity (as defined by
‘Federal Guidelines).” The Federal Guidelines define “illegal activity” as any “illegal activity
under federal, state, or local law.” 13 CFR §120.110 (h). This statement was false because
JITTAPHOL was violating several state laws related to prostitution. Although the Small
Business Administration declined to give JITTAPHOL the full loan amount that she
requested, they paid JITTAPHOL $2,000 under the EIDL Advance program on April 22,
2020.

On April 7, 2020, JITTAPHOL submitted a Paycheck Protection Program (PPP)
application to Bank of America, a Small Business Administration-approved lender. Again,
the application falsely stated that, “The Applicant is not engaged in any activity that is illegal
under federal, state, or local law.” JITTAPHOL applied for 85, 066.67 in funds and received
the money on May 8, 2020.

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