Plea Agreement as to Malaina Chapman — United States v. Chapman (Dkt. 36, S.D. Fla. No. 1:24-cr-20321)

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U.S. District Court for the Southern District of Florida · No. 1:24-cr-20321-RAR · Doc. 36 · 2025-03-14 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 24-20321-CR-RAR 
UNITED STATES OF AMERICA 
vs. 
MALAINA CHAPMAN, 
Defendant. 
I 
--------------
PLEA AGREEMENT 
The Office of the United States Attorney for the Southern District of Florida (hereinafter 
this "Office") MALAINA CHAPMAN (hereinafter referred to as the "Defendant") enter into the 
following agreement: 
1. 
The defendant agrees to plead guilty to count six (6) of the Indictment which 
charges the defendant with Conspiracy to Commit Wire Fraud in violation of Title 18, United 
States Code, Section 1349 . 
2. 
The defendant is aware that the sentence will be imposed by the Court after 
considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing 
Guidelines"). The defendant acknowledges and understands that the Court will compute an 
advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be 
determined by the Comi relying in part on the results of a Pre-Sentence Investigation by the Comt's 
probation office, which investigation will commence after the guilty plea has been entered. The 
defendant is also aware that, under certain circumstances, the Court may depart from the advisory 
sentencing guideline range that it has computed and may raise or lower that advisory sentence 
under the Sentencing Guidelines. The defendant is fmther aware and understands that the Court 
is required to consider the advisory guideline range determined under the Sentencing Guidelines 
Case 1:24-cr-20321-RAR   Document 36   Entered on FLSD Docket 03/14/2025   Page 1 of 7

but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in 
light of other statutory concerns, and such sentence may be either more severe or less severe than 
the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and 
acknowledges that the Court has the authority to impose any sentence within and up to the statutory 
maximum authorized by law for the offense identified in paragraph I and that the defendant may 
not withdraw the plea solely as a result of the sentence imposed. 
3. 
The defendant understands that as to Count six (6) the Court may impose a 
sentence of up to twenty (20) years imprisonment, followed by a term of supervised release of up 
to three (3) years and a fine of up to $250,000. 
4. 
The defendant further understands and acknowledges that, in addition to any 
sentence imposed under paragraph 3 of this agreement, a special assessment in the amount of 
$100.00 will be imposed on the defendant. The defendant agrees that any special assessment 
imposed shall be paid at the time of sentencing. 
5. 
This Office reserves the right to inform the Court and the probation office of all 
facts pertinent to the sentencing process, including all relevant information concerning the offenses 
committed, whether charged or not, as well as concerning the defendant and the defendant's 
background. Subject only to the express terms of any agreed-upon sentencing recommendations 
contained in this agreement, this Office further reserves the right to make any recommendation as 
to the quality and quantity of punishment. The government agrees to recommend the low end of 
the sentencing guideline range as determined by the Court. 
6. 
This Office agrees that it will recommend at sentencing that the Court reduce by 
two levels the sentencing guideline level applicable to the Defendant's offense, pursuant to Section 
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3El.l(a) of the Sentencing Guidelines, based upon the Defendant's recognition and affirmative 
and timely acceptance of personal responsibility. ff, at the time of sentencing, the Defendant's 
offense level is determined to be 16 or greater, the government will make a motion requesting an 
additional one level decrease pursuant to Section 3El.J (b) of the Sentencing Guidelines, stating 
that the Defendant has assisted authorities in the investigation or prosecution of her own 
misconduct by timely notifying authorities of her intention to enter a plea of guilty, thereby 
permitting the government and the Court to allocate their resources efficiently. 
However, this Office will not be required to make these recommendations if the Defendant: 
(a) fails or refuses to make a full, accurate and complete disclosure to the probation office of the 
circumstances surrounding the relevant offense conduct; (b) is found to have misrepresented facts 
to the government prior to entering this plea agreement; or (c) commits any misconduct after 
entering into this plea agreement, including but not limited to committing a state or federal offense, 
violating any term ofrelease, or making a false statement or misrepresentation to any governmental 
entity or official. 
7. 
The United States and the defendant agree that, although not binding on the 
probation office or the Court, they will jointly recommend that the Court make the following 
findings and conclusions as to the sentence to be imposed: 
a. Base Offense Level- the parties agree that the appropriate base offense level is seven (7) 
under U.S.S.G. § 2B 1.1. 
b. Loss-the parties agree that the intended loss in this case was at least $550,000 under 
U.S.S.G. § 281.1. At sentencing the government will be presenting evidence and arguing that the 
loss should be over $1 ,500,000. If the Court finds that the loss was only above $550,000 this will 
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result in an increase of fourteen (14) levels. If the Court finds that the loss is over $1,500,000 this 
will result in an increase of sixteen (16) levels. 
c. Sophisticated Means- the patiies agree that the defendant' s conduct involved the use of 
sophisticated means which results in an increase of two (2) levels under U.S.S.G. §2B l. l. 
d. Role in the Offense-the parties agree that defendant is a leader organizer of a criminal 
conspiracy that involved five (5) or more persons or was otherwise extensive, which results in an 
increase of four (4) levels under U.S.S.G. § 3B 1.1. 
e. 
Offense involved conduct described in 18 USC § 1040- the parties agree that the 
defendant's conduct falls within the description of 18 USC, §1040, which results in a two (2) level 
increase under U.S.S.G. §281.1. (C) 12. 
8. 
The defendant is aware that her sentence has not yet been determined by the Court. 
The defendant also is aware that any estimate of the probable sentencing range or sentence that the 
defendant may receive, whether that estimate comes from the defendant's attorney, the 
government, or the probation office, is a prediction, not a promise, and is not binding on the 
government, the probation office, or the Court. The defendant understands further that any 
recommendation that the government makes to the Court as to sentencing, whether pursuant to this 
agreement or otherwise, is not binding on the Court and the Court may disregard the 
recommendation in its entirety. The defendant understands and acknowledges that she may not 
withdraw her plea based upon the Court's decision not to accept a sentencing recommendation 
made by the defendant, the government, or a recommendation made jointly by both the defendant 
and the government. 
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't 1:€'.-- /VI L 
X 
Jn the event that for any reason the Defendant does not plead guilty or otherwise 
fully comply with the any of the provisions of this agreement, the Defendant agrees and 
understands that she thereby waives any protection afforded by Section 1 Bl .8(a) of the United 
States Sentencing Guidelines as well as any protection afforded by Rule 11 of the Federal Rules 
of Criminal Procedure. The Defendant further understands that in the event that for any reason 
she does not plead guilty, any statements made previously by the Defendant under this agreement 
or under a previously executed Kastigar letter or as part of any plea discussions or as part of the 
facts contained in a factual proffer itself will be fully admissible against her in any civil or criminal 
proceedings, notwithstanding any prior agreement with the government 
IO 
.:r. e. /Yll 
Y. The defendant agrees, in an individual and any other capacity, to forfeit to the 
United States, voluntarily and immediately, any right, title, and interest to any property 
constituting, or derived from, proceeds obtained directly or indirectly, as a result of such violation, 
pursuant to 18 U .S.C. § 982(a)(2)(A). In addition, the defendant agrees to forfeiture of substitute 
property pursuant to 21 U.S.C. § 853(p). The property subject to forfeiture includes, but is not 
limited to, a forfeiture money judgment, which sum represents the value of the property subject to 
forfeiture. 5_ e.. /hl 
\ ~ ,YJ. 
The defendant further agrees that forfeiture is independent of any assessment, fine, 
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and 
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture, 
including excessive fines under the Eighth Amendment to the United States Constitution. In 
addition, the defendant agrees to waive: any applicable time limits for administrative or judicial 
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forfeiture proceedings, the requirements of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the 
forfeiture. 
t:). 
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l--'• 
\ '1,..-Y. 
The defendant also agrees to fully and truthfully disclose the existence, nature and 
location of all assets in which the defendant has or had any direct or indirect financial interest or 
control, and any assets involved in the offense of conviction. The defendant agrees that she will 
complete a financial questionnaire within 20 days of the taking of this plea. The defendant agrees 
to take all steps requested by the United States for the recovery and forfeiture of all assets identified 
by the United States as subject to forfeiture. This includes, but is not limited to, the timely delivery 
upon request of all necessary and appropriate documentation to deliver good and marketable title, 
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal, 
civil or adminjstrative foyeiture proceeding concerning the forfeiture . 
.:[. t;::. 
fi1.tl 
\ 3 ft" 
The defendant is aware that Title 18, United States Code, Section 3742 affords her 
the right to appeal the sentence imposed in this case. Acknowledging this, the defendant thereby 
waives all rights conferred by Section 3742 to appeal any sentence imposed, including any 
restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence 
exceeds the maximum permitted by statute or is the result of an upward departure from the 
guideline range that the Cout1 establishes at sentencing. The defendant fu11her understands that 
nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in 
Title 18, United States Code, Section 3742(b). However, if the government appeals the defendant's 
sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of 
appellate rights. By signing this agreement, the defendant acknowledges that she has discussed the 
appeal waiver set forth in this agreement with her attorney. The defendant further agrees, together 
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with this Office, to request that the district Court enter a specific finding that the defendant's waiver 
of her right to appeal the sentence to be imposed in this case was knowing and voluntary. 
1'.e.. /11~ 
\~l ,µ(' 
The Defendant agrees that she has consulted with her attorney and fully understands 
all rights with respect to the Indictment. Furth, the Defendant agrees that she has been advised 
concerning and fully understands all rights with respect to the provisions of the Sentencing 
Guidelines which may apply in this case. The Defendant, by her signature affixed below, attests 
that he has read this agreement and voluntarily agrees to be bound by every term and condition set 
forth herein. 
111 ,; 
.:re-• ( 
I( r,. 
\ t; •ft' Defense counsel, by his signature affixed below, attests that he has fully explained 
to the Defendant her rights with respect to the pending fndictment, that she has reviewed with the 
Defendant the provisions of the Sentencing Guidelines and has explained to the Defendant the 
provisions which may apply in this case, and that he has carefully reviewed every part of this plea 
agreement with the Defendant. 
j'".e. /VI~ 
l ~ A 
This is the entire agreement and understanding between this Office and the 
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