Plea Agreement as to Brandon Jamal Thurmond — USA v. Thurmond et. al. (Dkt. 49, S.D. Ga.)

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U.S. District Court for the Southern District of Georgia · No. 1:23-cr-00021-JRH-BKE · Doc. 49 · 2023-11-28 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
CR: 
1:23-021
UNITED STATES OF AMERICA
V.
BRANDON JAMAL THURMOND
PLEA AGREEMENT
Defendant Brandon Jamal Thurmond, represented by Defendant's counsel
Michon Walker, and the United States of America, represented by Assistant United
States Attorney Jennifer A. Stanley, have reached a plea agreement in this case. The
terms and conditions of that agreement are as follows.
1. 
Guilty Plea
Defendant agrees to enter a plea of guilty to Count One of the Indictment,
which charges a violation of 18 U.S.C. § 1349, as modified below.
2. 
Elements and Factual Basis
The elements necessary to prove the offense charged in Count One are (1) that
two or more persons, in some way or manner, agreed to try to accomplish a common
and unlawful plan to commit wire fraud, as charged in the indictment; and (2) that
Defendant knew the unlawful purpose of the plan and willfully joined in it.
Defendant agrees that the Defendant is, in fact, guilty of this offense. The
Defendant agrees to the accuracy of the following facts, which satisfy each of the
offense's required elements:
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Beginning at least as early as June 2020, and continuing to in or about May
2021, within the Southern District of Georgia and elsewhere, the defendant,
Brandon Jamal Thurmond, with others, known and unknown, did conspire,
confederate, and agree with each other to commit the following offense:
a. 
wire fraud, that is, to devise and intend to devise a scheme and
artifice to defraud individuals and to obtain money and property by means of
materially false and fraudulent pretenses, representations and promises, and
for the purpose of executing this scheme, and attempting to do so, to cause to
be transmitted by means of wire communication in interstate commerce
signals and sounds, all in violation of Section 1343 of Title 18 of the United
States Code.
The Object of the Consniracv
It was the object of the conspiracy for the Defendant and others to unlawfully
enrich themselves by, eunong other things, obtaining Economic Injury Disaster Loan
("EIDL") and Payroll Protection Program ("PPP") proceeds and unemployment
insurance ("Ul") benefits under false and fraudulent pretenses.
The Manner and Means of the Conspiracy
It was part of the conspiracy, and the manner and means thereof, that
Defendant and the other members of the conspiracy submitted, or caused to be
submitted, (1) multiple false and fraudulent applications for PPP loans to Harvest
Small Business Finance, LLC, 
(2) at least one electronic application for an EIDL fi:om
the Small Business Administration ("SBA") at https://covidl9relief.sba.gOv/#/,
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knowing the same to contain material false representations, and (3) multiple
electronic applications for UI benefits, including pandemic unemployment benefits,
fifom the states of Arizona, California, Georgia, Virginia, and West Virginia at each
state's State Workforce Agency's ("SWA") online portal, knowing the same to contain
material false representations.
From June 2020 to August 2020, Defendant and other members of the
conspiracy submitted, or caused to be submitted, at least the following nine electronic
applications for UI benefits. Each application contained false affirmations that the
applicant resided in and/or was eligible for unemployment benefits in the state to
which the application was submitted:
a. On or about June 6, 2020, application to Workforce West Virginia for
Brandon Thurmond;
b. On or about June 10, 2020, application to Arizona Department of
Economic Security ("DES") for Brandon Thurmond;
c. On or about June 15, 2020, application to Arizona DES for Individual 1;
d. On or about June 15, 2020, application to Arizona DES for Individual 2;
e. On or about June 15, 2020, application to Arizona DES for Individual 3;
f. On or about June 16, 2020, application to Arizona DES for Individual 4;
g. On or about July 13, 2020, application to Georgia Department of Labor
for Brandon Thurmond;
h. On or about August 9, 2020, application to Virginia Employment
Commission for Brandon Thurmond;
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i. On or about August 11, 2020, application to California Employment
Development Department for Brandon Thurmond.
In reliance on the false representations made in those UI applications, some of
these SWAs, by means of interstate wire communication, disbursed funds into
various bank accounts.
From April to May 2021, Defendant and other members of the conspiracy
submitted, or caused to be submitted, at least the following six PPP loan applications
to Harvest Small Business Finance, LLC on behalf of various purported businesses.
Each application falsely represented the applicant's average monthly pa5rroll. To
support the false payroll amounts in each PPP application, the Defendsuits created
fabricated IRS forms Schedule C that were submitted with the PPP applications:
a. On or about April 14, 2021, application for "Brandon Thurmond"
containing a false Schedule C reflecting $100,000 in gross receipts for
2019;
b. On or about April 26, 2021, application for "Business 1" containing a
false Schedule C reflecting $100,000 in gross receipts for 2019.
c. On or about April 28, 2021, application for "Business 2" containing a
false Schedule C reflecting $100,000 in gross receipts for 2019;
d. On or about May 8, 2021, application for "Brandon Thurmond"
containing a false Schedule C reflecting $100,000 in gross receipts for
2019;
e. On or about May 28,2021, application for "Business 2" containing a false
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Schedule C reflecting $100,000 in gross receipts for 2019;
f. On or about May 28,2021, application for "Business 3" containing a false
Schedule C reflecting $100,000 in gross receipts for 2019.
Those PPP loan applications were processed by means of interstate wire
communication.
In June 2020, Defendant and other members of the conspiracy submitted, or
caused to be submitted, the following EIDL application that falsely represented a
purported business's gross revenues and number of employees:
a. On or about June 16, 2020, application for a purported business called
"Brandon Thurmond" with $98,325.00 in gross revenues in the 12
months preceding January 31, 2020, and 10 employees.
In reliance on the false representations made in that EIDL application the
SBA, by means of interstate wire communication, disbursed a $10,000 grant into
Brandon Jamal Thurmond^s bank account.
3. 
Possible Sentence
Defendant's guilty plea will subject the Defendant to the following maximum
possible sentence: 20 years' imprisonment, 3 years' supervised release, a $1,000,000
fine, such restitution as may be ordered by the Court, and forfeiture of all forfeitable
assets. The Court additionally must impose a $100 special assessment per count of
conviction.
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4. 
No Promised Sentence
No one has promised Defendant that the Court will impose any particular
sentence or a sentence within any particular range. The Court is not bound by any
estimate of sentence given or recommendations made by Defendant's counsel, the
government, the U.S. Probation Office, or anyone else. The Court may impose a
sentence up to the statutory maximiun. Defendant will not be allowed to withdraw
Defendant's plea of guilty if the Defendant receives a more severe sentence than the
Defendant expects.
5. 
Court's Use of Sentencing Guidehnes
The Court is obligated to use the United States Sentencing Guidelines to
calculate the applicable guideline range for Defendant's offense. The Sentencing
Guidelines are advisory; the Court is not required to impose a sentence within the
range those Guidelines suggest. The Court will consider that range, possible
departures under the Sentencing Guidelines, and other sentencing factors under 18
U.S.C. § 3553(a), in determining the Defendant's sentence. The Sentencing
Guidelines are based on ^ 
of Defendant's relevant conduct, pursuant to U.S.S.G. §
1B1.3, not just the conduct underlying the particular Count or Counts to which
Defendant is pleading guilty.
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6. 
Agreements Regarding Sentencing Guidelines
a. 
Use of Information
Nothing in this agreement precludes the government from providing full and
accurate information to the Court and U.S. Probation Office for use in calculating the
applicable Sentencing Guidelines range,
b. 
Acceptance of Responsibilitv
If the Court determines that Defendant qualifies for an adjustment under
U.S.S.G. § 3El.l(a), and the offense level prior to operation of § 3El.l(a) is 16 or
greater, the government will move for an additional one-level reduction in offense
level pursuant to Section 3El.l(b) based on Defendant's timely notification of the
Defendant's intention to enter a guilty plea.
c. 
Amount of Loss
The government and Defendant agree to recommend to the U.S. Probation
Office and the Court at sentencing that the amount of loss, for purposes of Section
2B1.1 of the Sentencing Guidelines, is more than $150,000 and less than $250,000.
7. 
Abandonment of Propertv
Defendant waives and abandons Defendant's interest in any property that may
have been seized in connection with this case.
8. 
Financial Obligations and Agreements
a. 
Restitution
The amount of restitution ordered by the Court shall include restitution for the
full loss caused by Defendant's total criminal conduct. Restitution is not Hmited to
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the specific counts to which Defendant is pleading guilty. Any restitution judgment
is intended to and will survive Defendant, notwithstanding the abatement of any
underlying criminal conviction.
b. 
Special Assessment
Defendant agrees to pay a special assessment in the amount of $100, payable
to the Clerk of the United States District Court, which shall be due immediately at
the time of sentencing.
c. 
Required Financial Disclosures
By the date that Defendant enters a guilty plea. Defendant shall complete a
financial disclosure form listing all Defendant's assets and financial interests,
whether held directly or indirectly, solely or jointly, in Defendant's name or in the
name of another. Defendant shall sign the financial disclosure form under penalty of
penury and provide that form to the Financial Litigation Unit of the United States
Attorney's Office and to the United States Probation Office. Defendant authorizes
the United States to obtain credit reports on Defendant and to share the contents of
those reports with the Court and the United States Probation Office. Defendant also
authorizes the United States Attorney's Office to inspect and copy all financial
documents and information held by the United States Probation Office.
d. 
Financial Examination
Defendant will submit to an examination under oath on the issue of
Defendant's financial disclosures and assets if deemed necessary by the United
8
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States. Such examination will occur not later than 30 days after the entry of
Defendant's guilty plea.
e. 
No Transfer of Assets
Defendant certifies that Defendant has made no transfer of assets in
contemplations of this prosecution for the purpose of evading or defeating financial
obligations created by this Agreement or that may be imposed upon Defendant by the
Court at sentencing. Defendant promises that Defendant will make no such transfers
in the future.
f. 
Material Change in Circumstances
Defendant agrees to notify the United States of any material change in
circumstances, as described in 18 U.S.C. § 3664(k), that occurs prior to sentencing in
this case. Such notification will be made within seven days of the event giving rise
to the changed circumstances, and in no event later than the date of sentencing.
g. 
Enforcement
Any payment schedule imposed by the Court is without prejudice to the United
States to take all actions and remedies available to it to collect the full amount of the
financial obligations imposed by the judgment of the Court in this case. Defendant
understands and agrees that the financial obligations imposed by the judgment of the
Court in this case will be placed on the Treasury Offset Program so that any federal
payment that Defendant receives may be offset and applied to the judgment debt
without regard to or affecting any payment schedule imposed by the Court.
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9. 
Waivers
a. 
Waiver of Appeal
Defendant entirely waives Defendant's right to a direct appeal of Defendant's
conviction and sentence on any ground (including any argument that the statute to
which the Defendant is pleading guilty is unconstitutional or that the admitted
conduct does not fall within the scope of the statute). The only exceptions are that
the Defendant may file a direct appeal of Defendant's sentence if (1) the court enters
a sentence above the statutory maximum, (2) the court enters a sentence above the
advisory Sentencing Guidelines range found to apply by the court at sentencing; or
(3) the Government appeals the sentence. Absent those exceptions, Defendant
explicitly and irrevocably instructs Defendant's attorney not to file an appeal.
b. 
Waiver of Collateral Attack
Defendant entirely waives Defendant's right to collaterally attack Defendant's
conviction and sentence on any ground and by any method, including but not limited
to a 28 U.S.C. § 2255 motion. The only exception is that Defendant may collaterally
attack Defendant's conviction and sentence based on a claim of ineffective assistance
of counsel.
c. 
FOIA and Privacv Act Wsdver
Defendant waives all rights, whether asserted directly or through a
representative, to request or receive from any department or agency of the United
States any record pertaining to the investigation or prosecution of this case under the
10
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authority of the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of
1974, 5 U.S.C. § 552a, and all subsequent amendments thereto,
d. 
Fed. R. Grim. P. ll(i) and Fed. R. Evid. 410 Waiver
Rule 11(6 of tho Federal Rules of Criminal Procedure and Rule 410 of the
Federal Rules of Evidence ordinarily limit the admissibihty of statements made by a
Defendant during the course of plea discussions or plea proceedings. Defendant
knowingly and voluntarily waives the protections of these rules. If Defendant fails
to plead guilty, or Defendant's plea of guilty is later withdrawn, all of Defendant's
statements in connection with this plea, and any leads derived therefrom, shall be
admissible for any and all purposes.
10. 
Defendant's Rights
Defendant has the right to be represented by counsel, and if necessary have
the court appoint counsel, at trial and at every other critical stage of the proceeding.
Defendant possesses a number of rights which Defendant will waive by pleading
guilty, including: the right to plead not guilty, or having already so pleaded, to persist
in that plea; the right to a jury trial; and the right at trial to confront and cross-
examine adverse witnesses, to be protected from compelled self-incrimination, to
testify and present evidence, and to compel the attendance of witnesses.
11. 
Satisfaction with Counsel
Defendant has had the benefit of legal counsel in negotiating this agreement.
Defendant believes that Defendant's attorney has represented Defendant faithfully,
11
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skillfully, and diligently, and Defendant is completely satisfied with the legal advice
given and the work performed by Defendant's attorney.
12. 
Breach of Plea Agreement
If Defendant fails to plead guilty, withdraws or attempts to withdraw
Defendant's guilty plea, commits any new criminal conduct following the execution of
this agreement, or otherwise breaches this agreement, the government is released
from all of its agreements regarding Defendant's sentence, including any agreements
regarding the calculation of Defendant's advisory Sentencing Guidelines. In addition,
the government may declare the plea agreement null and void, reinstate any counts
that may have been dismissed pursuant to the plea agreement, and/or file new
charges against Defendant that might otherwise be barred by this plea agreement.
Defendant waives any statute-of-limitations or speedy trial defense to prosecutions
reinstated or commenced imder this paragraph.
13. 
Entire Agreement
This agreement contains the entire agreement between the government and
Defendant.
(signatures follow on next page)
12
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i\/'las
Date
JILL E. STEINBERG
UNITED STATES ATTORNEY
Patricia G. Rhodes
Chief, Criminal Division
\ 9?,
Dad
Jehhifer A. Stinley
AlU)ama Bar No. SdOOETZT
Assistant United States Attorney
13
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I have read and carefully reviewed this agreement with my attorney. I
understand each provision of this agreement, and I voluntarily agree to it. I hereby
stipulate that the factual basis set out therein is true and accurate in every respect.
iD'Slo '3?) 
iL[nrf^mv\rL
Date 
Brandon Jamal Thurmond
I have fully explained to Defendant all of Defendant's rights, and I have
carefully reviewed each and every part of this agreement with Defendant. I believe
that Defendant fully and completely understands it, and that Defendant's decision to
enter into this agreement is an informed, intelligent, and voluntary one.
\0j2l-l20'23
Date 
Michon Walker
14
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
UNITED STATES OF AMERICA
V.
BRANDON JAMAL THURMOND
CR: 
1:23-021
ORDER
The aforesaid Plea Agreement, having been considered by the Court in
conjunction with the interrogation by the Court of the Defendant and the
Defendant's attorney at a hearing on the Defendant's motion to change Defendant's
plea and the Court finding that the plea of guilty is made freely, voluntarily and
knowingly, it is thereupon,
ORDERED that the plea of guilty by Defendant be, and it is, hereby accepted
and the foregoing Plea Agreement be, and it is, hereby ratified and confirmed.
This <=?^dav of 
2023.
J. RANDAL HALL
CHIEF JI/dGE, UNITED STATES DISTRICT COURT
SOUTI^N DISTRICT OF GEORGIA
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