Court filing
Guilty Plea and Plea Agreement
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-09-29 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 384-1 · 2021-09-29 · Docket on CourtListener
Summary
A guilty plea and plea agreement between the United States Attorney for the Northern District of Georgia and defendant Charles Hill IV, filed September 29, 2021 as Document 384-1 in No. 1:20-cr-00296-JPB-CMS. The defendant pleads guilty to Count 25 of the Second Superseding Indictment, and the agreement records a maximum term of 20 years' imprisonment, a maximum fine of $250,000.00 and a $100.00 special assessment. It stipulates the offense guideline Section 2B1.1 with a 14-level upward adjustment because the loss is more than $550,000 but less than $1,500,000. The 22-page agreement also contains cooperation and forfeiture provisions. The parties agree to recommend 5 years' probation with 27 months on home confinement, and the defendant agrees to pay $1,004,805 in restitution, $175,644.15 to the Small Business Administration and $829,160.85 to CDC Small Business Finance Corporation.
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
Full text
/; '" ^ (<" I " '
U-^i^'
GUILTY PLEA and PLEAAGREElSd
United States Attorney
Northern District of Georgia
Date:
FILED IN OPEN COURT
U.S.D.C ATLANTA
s^pi ^}, 2u^l^
KEVIN P. WEIMER, Clerk
By: s/ B. Walker
T Dpnnh/ Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. l:20-cr-296
The United States Attorney for the Northern District of Georgia ("the
Government") and Defendant Charles Hill/ W enter into this plea agreement as
set forth below in Part D/ pursuant to Rules ll(c)(l)(A) & (B) of the Federal Rules
of Criminal Procedure. Charles Hill/ TV, Defendant, having received a copy of the
above-numbered Second Superseding Indictment and having been arraigned,
hereby pleads GVILTY to Count 25 of the Second Superseding Indictment.
I. ADMISSION OF GUILT
1. The Defendant admits that he is pleading guilty because he is in fact guilty
of the crime charged in the Second Superseding Indictment.
II. ACKNOWLEDGMENT & WAIVER OF RIGHTS
2. The Defendant understands that by pleading guilty, he is giving up the
right to plead not guilty and the right to be tried by a jury. At a trial, the
Defendant would have the right to an attorney/ and if the Defendant could not
afford an attorney, the Court would appoint one to represent the Defendant at
trial and at every stage of the proceedings. During the trial/ the Defendant would
be presumed innocent and the Government would have the burden of proving
him guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the witnesses against him. If the Defendant wished/
he could testify on his own behalf and present evidence in his defense/ and he
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 1 of 22
could subpoena witnesses to testify on his behalf. If/ however, the Defendant did
not wish to testify/ that fact could not be used against him/ and the Government
could not compel him to incrimmate himself. If the Defendant were found guilty
after a tarial/ he would have the right to appeal the conviction.
3. The Defendant understands that by pleading guilty/ he is giving up aU of
these rights and there will not be a trial of any kind.
4. By pleading guilty/ the Defendant also gives up 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 have been filed.
5. The Defendant also understands that he ordinarily would have the right to
appeal his sentence and, under some circumstances/ to attack the conviction and
sentence in post-conviction proceedings. By entering this Plea Agreement/ the
Defendant may be waiving some or all of those rights to appeal and to
collaterally attack his conviction and sentence/ as specified below.
6. Finally, the Defendant understands that, to plead guilty, he may have to
answer, under oath, questions posed to him by the Court concerning the rights
that he is giving up and the facts of this case, and the Defendant's answers/ if
untruthful, may later be used against him in a prosecution for perjury or false
statements.
III. ACKNOWLEDGMENT OF PENALTIES
7. The Defendant understands that/ based on his plea of guilty/ he will be
subject to the following maximum and mandatory minimum, penalties:
a. Maximum term of imprisonment: 20 years.
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 2 of 22
b. Mandatory minimum term of imprisonment: None.
c. Term of supervised release: 0 years to 3 years.
d. Maximum fine: $250,000.00, or twice the gain or twice the loss/
whichever is greatest/ due and payable immediately.
e. Full restitution, due and payable immediately/ to all victims of the
offense and relevant conduct.
f. Mandatory special assessment: $100.00, due and payable
immediately.
g. Forfeiture of any and all property constituting, or derived from/
proceeds the person obtained directly or indirectly as a result of the
offense.
8. The Defendant understands that/ before imposing sentence in this case/the
Court will be required to consider/ among other factors/ the provisions of the
United States Sentencing Guidelines and that, under certain circumstances, the
Court has the discretion to depart from those Guidelines. The Defendant further
understands that the Court may impose a sentence up to and including the
statutory maximum as set forth in the above paragraph and that no one can
predict his exact sentence at this time.
9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that
pleading guilty may have consequences with respect to his immigration status if
he is not a citizen of the United States. Under federal law, a broad range of
crimes are removable offenses, mcludmg the offense to which the Defendant is
pleading guilty. Indeed, because the Defendant is pleading guilty to this offense/
3
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 3 of 22
removal is presumptively mandatory. Removal and other immigration
consequences are the subject of a separate proceeding, however/ and the
Defendant understands that no one, including his attorney or the District Court,
can predict to a certainty the effect of his conviction on his immigration status.
The Defendant nevertheless affirms that he wants to plead guilty regardless of
any immigration consequences that his plea may entail/ even if the consequence
is his automatic removal from the United States.
IV. PLEA AGREEMENT
10. The Defendant/ his counsel/ and the Goverrunent, subject to approval by
the Court/ have agreed upon a negotiated plea in this case, the terms of which are
as follows:
No Additional Charges
11. The United States Attorney for the Northern District of Georgia agrees not
to bring further criminal charges against the Defendant related to the charges to
which he is pleading guilty. The Defendant understands that this provision does
not bar prosecution by any other federal, state/ or local jurisdiction.
Sentencine Guidelines Recommendations
12. Based upon the evidence currently known to the Government/ the
Government agrees to make the following recommendations and/or to enter into
the following stipulations.
Base/Adjusted Offense Level
13. The Government agrees to recommend and the Defendant agrees that:
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 4 of 22
a. The applicable offense guideline is Section 2B1.1.
b. The Defendant received the 14-level upward adjustment pursuant to
Section 2Bl.l(b)(l)(H) because the amount of loss resulting from the
offense of conviction and all relevant conduct is more than $550,000
but less than $1,500,000.
Acceptance of Responsibility
14. The Government wUl recommend that the Defendant receive an offense
level adjustm.ent for acceptance of responsibility/ pursuant to Section 3E1.1/ to
the maximum extent authorized by the guideline. However/ the Government will
not be required to recommend acceptance of responsibility if, after entering this
Plea Agreement, the Defendant engages in conduct inconsistent with accepting
responsibility. Thus/ by way of example only, should the Defendant falsely deny
or falsely attempt to minimize the Defendant's involvement in relevant offense
conduct/ give conflicting statements about the Defendant's involvement/ fail to
pay the special assessment/ fail to meet any of the obligations set forth m the
Financial Cooperation Provisions set forth below, or participate in additional
criminal conduct, including unlawful personal use of a controlled substance, the
Government will not be required to recommend acceptance of responsibility.
Ri&ht to Answer Questions, Correct Misstatements,
and Make Recommendations
15. The parties reserve the right to inform the Court and the Probation Office
of all facts and circumstances regarding the Defendant and this case/ and to
respond to any questions from the Court and the Probation Office and to any
misstatements of fact or law. Except as expressly stated elsewhere in this Plea
5
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 5 of 22
Agreement/ the parties also reserve the right to make recommendations
regarding application of the Sentencing Guidelines. The parties understand,
acknowledge, and agree that there are no agreements between the parties with
respect to any Sentencing Guidelines issues other than those specifically listed.
Right to Modify Recommendations
16. With regard to the Government's recommendation as to any specific
application of the Sentencing Guidelines as set forth elsewhere in this Plea
Agreement, the Defendant understands and agrees that, should the Government
obtain, or receive additional evidence concerning the facts underlying any such
recommendation/ the Government will bring that evidence to the attention of the
Court and the Probation Office. In addition/ if the additional evidence is
sufficient to support a finding of a different application of the Guidelines/ the
Government will not be bound to make the recommendation set forth elsewhere
m this Plea Agreement/ and the failure to do so wiU. not constitute a violation of
this Plea Agreement.
Cooperation
General Requirements
17. The Defendant agrees to cooperate truthfully and completely with the
Government/ including being debriefed and providing truthful testimony at any
proceeding resulting from or related to the Defendant's cooperation. The
Defendant agrees to so cooperate in any investigation or proceeding as requested
by the Government. The Defendant agrees that the Defendant's cooperation shall
include, but not be limited to:
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 6 of 22
a. producing all records, whether written, recorded, electronic/ or
machine readable/ in his actual or consfcructive possession/ custody/
or control, of evidentiary value or requested by attorneys and agents
of the Government;
b. making himself available for interviews, not at the expense of the
Government if he is on bond/ upon the request of attorneys and
agents of the Government;
c. responding fully and truthfully to aU inquiries of the Government in
connection with any investigation or proceeding, without falsely
implicating any person or intentionally withholding any
information/ subject to the penalties of making false statements
(18 U.S.C. § 1001), obstruction of justice (18 U.S.C. § 1503) and
related offenses; and
d. when called upon to do so by the Government in connection with
any investigation or proceeding, testifying in grand jury/ trial, and
other judicial proceedings/ fully, trutihfully/ and under oath, subject
to the penalties of perjury (18 U.S.C. § 1621), makmg false statements
or declarations in grand jury or court proceedings (18 U.S.C. § 1623),
contempt (18 U.S.C. §§ 401 - 402), obstruction of justice
(18 U.S.C. § 1503), and related offenses.
The Defendant understands that the Government alone will determine what
forms of cooperation to request from the Defendant, and the Defendant agrees
that the Defendant will not engage in any investigation that is not specifically
authorized by the Government.
7
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 7 of 22
Consent to Contact
18. The Defendant and the Defendant's counsel agree that Government
attorneys and law enforcement agents may contact the Defendant without
notifying and outside the presence of the Defendant's counsel for purposes
relevant to the Defendant's cooperation.
Section 1B1.8 Protection
19. Pursuant to Section 1B1.8 of the Sentencing Guidelines, the Government
agrees that any self-incrimmating information that was previously unknown to
the Government and is provided to the Government by the Defendant m
connection with the Defendant's cooperation and as a result of this Plea
Agreement will not be used in determining the applicable sentencing guideline
range, although such information may be disclosed to the Probation Office and
the Court. The Government also agrees not to bring additional charges against
the Defendant/ with the exception of charges resulting from or related to violent
crimmal activity, based on any information provided by the Defendant in
connection with cooperation that was not known to the Government prior to the
cooperation. However, if the Government determines that the Defendant has not
been completely truthful and candid in his cooperation with the Government/ he
may be subject to prosecution for perjury/ false statements/ obstruction of justice,
and any other appropriate charge, and all information the Defendant has
provided may be used against the Defendant in such a prosecution. Furthermore/
should the Defendant withdraw his guilty plea in this case and proceed to trial,
the Government is free to use any statements and/or other information provided
by the Defendant, pursuant to the Defendant's cooperation/ as well as any
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 8 of 22
information derived there£rom/ during any trial or other proceeding related to
the Government's prosecution of the Defendant for the offense(s) charged m the
above-numbered the Second Superseding Indictment.
Conditional Section 5K/Ru\e 35 Motion
20. The Government agrees to make the extent of the Defendant's cooperation
known to the sentencing court. In addition, tf the cooperation is completed
before sentencing and the Government determines that such cooperation
qualifies as "substantial assistance" pursuant to Title 18, United States Code,
Section 3553(e) and/or Section 5K1.1 of the Sentencing Guidelines/ the
Government will file a motion at sentencing recommending a downward
departure from the applicable guideline range. If the cooperation is completed
after sentencing and the Government determines that such cooperation qualifies
as "substantial assistance" pursuant to Rule 35(b) of the Federal Rules of
Criminal Procedure/ the Government will file a motion for reduction of sentence.
In either case, the Defendant understands that the determination as to whether
the Defendant has provided "substantial assistance" rests solely with the
Government. Good faith efforts by the Defendant that do not substantially assist
in the investigation or prosecution of another person who has committed a crime
will not result in either a motion for downward departure or a Rule 35 motion.
The Defendant also understands that, should the Government decide to file a
motion pursuant to this paragraph, the Government may recommend any
specific sentence, and the final decision as to what credit/ if any, the Defendant
should receive for the Defendant's cooperation will be determined by the Court.
If the Defendant fails to cooperate truthfully and completely/ or if the Defendant
9
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 9 of 22
engages in additional criminal conduct or other conduct inconsistent with
cooperation, the Defendant will not be entitled to any consideration whatsoever
pursuant to this paragraph.
Sentencing Recommendations
Specific Sentence Recommendation
21. Unless the Defendant engages in conduct inconsistent with accepting
responsibility, as described more fully in paragraph 14, the Parties agree to
jointly recommend a sentence of 5 years' probation/ with a condition that 27
months of that term be served on home confinement.
Fine—No Recommendation as to Amount
22. The Government agrees to make no specific recommendation as to the
amount of the fine to be imposed on the Defendant within the applicable
guideline range.
Restihition
23. The Defendant agrees to pay $1,004,805 as restitution/ plus applicable
interest/ to the Clerk of Court for distribution to the following victims of the
offense to which he is pleading guilty and all relevant conduct, including, but not
limited to/ any counts dismissed as a result of this Plea Agreement:
Small Business Administration $175,644.15
CDC Small Business Finance Corporation $829/160.85
10
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 10 of 22
Forfeiture
24. The Defendant acknowledges that each asset listed below is subject to
forfeiture pursuant to Title 18, United States Code, Section 982(a)(2), and agrees
that he shall immediately forfeit to the United States any property constituting/
or derived from/ proceeds obtained directly or indirectly, as a result of the
commission of the offense in Count 25 of the Second Superseding Indictment,
including, but not limited to/ the following:
a. REAL PROPERTY
i. 503-505 RockweU Sb-eet Southwest, Atlanta, Georgia 30310/ more
particularly described as:
All that tract or parcel of land lying and being in Land Lot 86 of
the 14th District/ Fulton County/ Georgia, as per survey of
property of C.G. Aycock and the B-X Corporation, dated May 4/
1949, by Harold L. Bush, Reg. Surveyor and more particularly
described as follows: Beginning at a point on the North side of
RockweU Street (60.2) feet West of Northwest Corner of RockweU
and Coleman Streets at an iron pin; thence Northerly (75) feet to
an iron pin and the South side of a (10) foot alley; thence West
(34) feet to an iron pin; thence Southerly (75) feet to an iron pin
and the North side of Rockwell Street; thence Easterly along the
North side of Rockwell street (35.2) feet to an iron pin and the
point of beginning. The same being improved property known as
#503-505 Rockwell Street/ S.W. according to the present system of
11
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 11 of 22
numbering houses in the City of Atlanta/ Georgia. [Parcel ID No.:
14-0086-0007-075-3]
25. The Defendant waives and abandons all right, title, and interest m all of
the property listed above (referred to hereafter/ as "Subject Property") and agrees
to the administrative or judicial forfeiture of the Subject Property. In addition/
the Defendant waives and abandons his interest in any other property that may
have been seized in connection with this case. The Defendant agrees to the
admirdstrative or judicial forfeiture or the abandonment of any seized property.
26. The Defendant asserts that he is the sole and rightful owner of AJ1 Legal
Hustles, LLC/ which is listed as the record owner of the Subject Property. The
Defendant further asserts that he has the sole authority to bind and represent All
Legal Husdes, LLC. The Defendant hereby waives All Legal Hustles/ LLC's
right/ title and interest in the Subject Property, to the extent any interest in such
property exists. In addition/ the Defendant waives and abandons All Legal
Hustles, LLCs interest m any other property that may have been seized in
connection with this case. The Defendant agrees on All Legal Hustles/ LLC s
behalf to the administrative or judicial forfeiture or the abandonment of any
seized property.
27. Aside from any right, title and interest held by All Legal Hustles, LLC/
which the Defendant waives as referred to above, the Defendant states that he is
the sole and rightful owner of the Subject Property, that to the best of his
knowledge no other person or entity has any interest m the Subject Property/ and
that he has not transferred, conveyed/ or encumbered his interest in the Subject
Property. The Defendant agrees to take all steps requested by the United States
12
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 12 of 22
to facilitate transfer of title of the Subject Property/ including providing and
endorsing title certificates/ or causing others to do the same where third parties
hold nominal title on the Defendant's behalf/ to a person designated by the
United States. The Defendant agrees to take all steps necessary to ensure that the
Subject Property is not hidden/ sold/ wasted, destroyed/ or otherwise made
unavailable for forfeiture. The Defendant agrees not to file any claim, answer/ or
petition for remission or restitution in any administrative or judicial proceeding
pertaining to the Subject Property or any other property that may have been
seized or forfeited in this case/ on his behalf or on behalf of All Legal Hustles,
LLC, and if such a document has akeady been filed, the Defendant hereby
withdraws that filing.
28. The Defendant agrees to hold the United States and its agents and
employees harmless from any claims made in connection with the seizure/
forfeiture/ or disposal of property connected to this case. The Defendant
acknowledges that the United States wUl dispose of any seized property, and
that such disposal may include/ but is not limited to/ the sale/ release/ or
destruction of any seized property, including the Subject Property. The
Defendant agrees to waive any and all constitutional/ statutory/ and equitable
challenges in any manner (including direct appeal, a Section 2255 petition,
habeas corpus/ or any other means) to the seizure/ forfeiture/ and disposal of any
property seized in this case/ including the Subject Property, on any grounds.
29. The Defendant acknowledges that he is not entitled to use forfeited assets,
induding the Subject Property/ to satisfy any fine, restitution, cost of
imprisonment/ tax obligations/ or any other penalty the Court may impose upon
13
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 13 of 22
the Defendant in addition to forfeiture. However/ the United States Attorney's
Office for the Northern District of Georgia will recommend to the Chief of the
Money Laundering and Asset Forfeiture Section (MLARS) of the United States
Department of Justice that property forfeited in this case, or any related civil
forfeiture case/ be used to compensate the victim(s) specified m the restitution
order/ provided that the Government determines that the requirements for
restoration as set forth in the 2021 Asset Forfeiture Policy Manual, Chapter 14,
are met. The Defendant understands that the decision on any petition for
remission or restoration is not within the ultimate control of the United States
Attorney's Office.
30. The Defendant consents to the Court's entry of a preliminary order of
forfeiture against the Subject Property/ which wiU be final as to him/ a part of his
sentence/ and incorporated into the judgment against him.
Financial Cooperation Provisions
Special Assessment
31. The Defendant agrees that he will pay a special assessment in the amount
of $100 by money order or certified check made payable to the Clerk of Court,
U.S. District Court, 2211 U.S. Courthouse/ 75 Ted Turner Drive SW/ Atlanta/
Georgia 30303/ by the day of sentencing. The Defendant agrees to provide proof
of such payment to the undersigned Assistant United States Attorney upon
payment thereof.
Fin^Restitution - Terms of Payment
32. The Defendant agrees to pay any fine and/or restitution, plus applicable
interest, imposed by the Court to the Clerk of Court for eventual disbursement to
14
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 14 of 22
the appropriate account and/or victim(s). The Defendant also agrees that the full
fine and/or restitution amount shall be considered due and payable
immediately. If the Defendant cannot pay the full amount immediately and is
placed in custody or under the supervision of the Probation Office at any time/
he agrees that the custodial agency and the Probation Office will have the
authority to establish payment schedules to ensure payment of the fine and/or
restihition. The Defendant understands that this payment schedule represents a
minimum obligation and that/ should the Defendant's financial situation
establish that he is able to pay more toward the fine and/or restitution, the
Government is entitled to pursue other sources of recovery of the fine and/or
restitution. The Defendant further agrees to cooperate fully in efforts to coUect
the fine and/or restihition obligation by any legal means the Government deems
appropriate. Finally/ the Defendant and his counsel agree that the Government
may contact the Defendant regarding the collection of any fine and/or restitution
without notifying and outside the presence of his counsel.
Financial Disclosure
33. The Defendant agrees that the Defendant will not sell/ hide, waste/
encumber/ destroy/ or otherwise devalue any such asset worth more than $500
before sentencing/ without the prior approval of the Government. The Defendant
understands and agrees that the Defendant's failure to comply with this
provision of the Plea Agreement should result in the Defendant receiving no
credit for acceptance of responsibility.
34. The Defendant agrees to cooperate fully in the investigation of the amount
of forfeiture/ restitution/ and fine; the identification of funds and assets in which
15
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 15 of 22
he has any legal or equitable interest to be applied toward forfeiture/ restitution,
and/or fine; and the prompt payment of restitution or a fine.
35. The Defendant's cooperation obligations include: (A) fully and truthfully
completing the Department of Justice's Financial Statement of Debtor form, and
any addenda to said form deemed necessary by the Government, within ten days
of the change of plea hearing; (B) submitting to a financial deposition or
interyiew (should the Government deem it necessary) prior to sentencing
regarding the subject matter of said form; (C) providing any documentation
within his possession or control requested by the Government regarding his
financial condition and that of his household; (D) fully and truthfully answering
all questions regarding his past and present financial condition and that of his
household in such mterview(s); and (E) providing a waiver of his privacy
protections to permit the Government to access his credit report and tax
information held by the Internal Revenue Service.
36. So long as the Defendant is completely truthful, the Government agrees
that anything related by the Defendant during his financial interview or
deposition or in the financial forms described above cannot and wUl not be used
against him in the Government's criminal prosecution. However/ the
Government may use the Defendant's statements to identify and to execute upon
assets to be appUed to the fine and/or restitution in this case. Further/ the
Government is completely free to pursue any and all investigative leads derived
in any way from the tnterview(s)/deposition(s)/fmancial forms, which could
result m the acquisition of evidence admissible against the Defendant in
subsequent proceedings. If the Defendant subsequently takes a position in any
16
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 16 of 22
legal proceeding that is inconsistent with the
interview(s)/deposition(s)/financial forms-whether in pleadings/ oral argument,
witness testimony/ documentary evidence/ questioning of witnesses, or any other
manner-the Government may use the Defendant's
interview(s)/deposition(s)/fmancial forms, and all evidence obtained directly or
indirectly therefrom, in any responsive pleading and argument and for cross-
examination, impeachment, or rebuttal evidence. Further, the Government may
also use the Defendant's interview(s)/deposidon(s)/fmancial forms to respond
to arguments made or issues raised sua sponte by the Magistrate or District
Court.
Recommendations/Stipulations Non-bmding
37. The Defendant understands and agrees that the recommendations of the
Government incorporated within this Plea Agreement/ as well as any
stipulations of fact or guideline computations incorporated within this Plea
Agreement or otherwise discussed between the parties/ are not binding on the
Court and that the Court's failure to accept one or more of the recommendations/
stipulations/ and/or guideline computations will not constitute grounds to
withdraw his guUty plea or to claim a breach of this Plea Agreement.
Limited Waiver of Appeal
38. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by
federal law/ the Defendant voluntarily and expressly waives the right to appeal
his conviction and sentence and the right to collateraUy attack his conviction and
sentence in any post-conviction proceeding (tncludmg, but not limited to/
17
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 17 of 22
motions filed pursuant to 28 U.S.C. § 2255) on any ground/ except that the
Defendant may file a direct appeal of an upward departure or upward variance
above the sentencing guideline range as calculated by the District Court. Claims
that the Defendant's counsel rendered constitutionaUy ineffective assistance are
excepted from this waiver. The Defendant understands that this Plea Agreement
does not limit the Government's right to appeal/ but if the Government initiates a
direct appeal of the sentence imposed, the Defendant may file a cross-appeal of
that same sentence.
MiscellaneousWarvers
FOIA/Privacy Act Waiver
39. The Defendant hereby waives all rights/ whether asserted directly or by a
representative/ to request or receive from. any department or agency of the
United States any records pertaining to the investigation or prosecution of this
case, including, without limitation/ any records that may be sought under the
Freedom of Information Act/ Title 5/ United States Code/ Section 552, or the
Privacy Act of 1974, Title 5/ United States Code, Section 552a.
18
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 18 of 22
No Other Agreements
40. There are no other agreements, promises/ representations, or
understandings between the Defendant and the Government.
in Op^-^j£^ss~^zzz^&y of ••^c^ '/^/;'<;."
-/-r^<M
fATURE (%ndanF^A-ttorney) SIcMTntJRE (Defendant)
Akil K. Secret Charles Hill
Ta^C^^
SIGNATURE (Assistant U.S. Attorney)
Tal C. Chaiken
TW^?tep,Ztod-
SIGNATURE (Assistant U.S. Attorney)
Nathan P. Kitchens
w
SIGNATURE (Approving Official)
Stephen H. McClain
JOSEPH BEEMSTERBOER (ACTING CHIEF, FRAUD SECTION)
^^
SIGNATURE (Trial Attorney)
Babasijibomi Moore
19
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 19 of 22
I have read the Second Superseding Indictment against me and have discussed
it with my attorney. I understand the charges and the elements of each charge
that the Government would have to prove to convict me at a trial. I have read
the foregoing Plea Agreement and have carefully reviewed every part of it with
my attorney. I understand the terms and conditions contained in the Plea
Agreement, and I voluntarily agree to them. I also have discussed with my
attorney the rights I may have to appeal or challenge my conviction and
sentence, and I understand that the appeal waiver contained in the Plea
Agreement will prevent me, with the narrow exceptions stated, from appealing
my conviction and sentence or challenging my conviction and sentence in any
post-conviction proceeding. No one has threatened or forced me to plead guilty,
and no promises or inducements have been made to me other than those
discussed in the Plea Agreement. The discussions between my attorney and the
Government toward reaching a negotiated plea in this case took place with my
permission. I am fully satisfied with the representation provided to me by my
attorney in this case.
r"---"^,
( ~>-.^ y'.'
SIGNATURE (Defendant) DATE
Charles Hill
20
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 20 of 22
I am Charles Hill Ws lawyer. I have carefully reviewed the charges and the
Plea Agreement with my client. To my knowledge/ my client is making an
informed and voluntary decision to plead guilty and to enter into the Plea
Agre^(@n^__.
^ /
^-jLcy-^fc
JATU^Befend-ant's Attorney) DATE
Akil K. Secret
AkilK. Secret Charles Hill
The Secret Firm
1691 Phoenix Blvd.
Suite 390
Atlanta/ GA 30349
(404) 798-5200
^3S^%-Itate Bar of Georgia Number
Filed in Open Court
This _ day of _, 20_
By -
21
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 21 of 22
U. S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only. There may be other
penalties imposed at sentencing.
ACCOUNT INFORMATION
CRIMINAL ACTION NO.:
DEFENDANTS NAME:
PAY THIS AMOUNT:
l:20-cr-296
CHARLES HILL IV
$100
Instructions:
1. Payment must be made by certified check or money order payable to:
Clerk of Court/ U.S. District Court
"'personal checks will not be accepted*
2. Payment must be made to the clerk's office by the day of sentencing.
3. Payment should be sent or hand delivered to:
Clerk, U.S. District Court
2211 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta/ Georgia 30303
(Do Not Send Cash)
4. Include the defendant's name on certified check or money order.
5. Enclose this coupon to insure proper and prompt application of payment.
6. Provide proof of payment to the above-signed AUSA withbt 30 days of the
guilty plea.
22
Case 1:20-cr-00296-JPB-CMS Document 384-1 Filed 09/29/21 Page 22 of 22File and source
- File
- gov.uscourts.gand.292225.384.1.pdf
- Size
- 7,933,420 bytes
- SHA-256
- 1eb5aba90ee8a1bf120eb3cabc26ea0973cc4f3d9e1b7a38457f542191e133db
- Original
- PACER (login required)