Indictment — U.S. v. Maurice Fayne (Dkt. 186-1, N.D. Ga. No. 1:20-cr-00228, GAND 278524)

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GUILTY PLEA and PLEA AGREEMENT
United States Attorney
Northern District of Georgia
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. 1:20-CR-228-MHC-JKL (SECOND SUPERSEDING)
The United States Attorney for the Northern District of Georgia ("the
Government") and Defendant Maurice Fayne, a/k/a "Arkansas Mo// enter into
this plea agreement as set forth below in Part IV pursuant to Rules ll(c)(l)(A) &
(B) of the Federal Rules of Criminal Procedure. Maurice Fayne, a/k/a Arkansas
Mo, Defendant, having received a copy of the above-numbered Indictment and
having been arraigned, hereby pleads GUILTY to Counts 1 through 6.
I. ADMISSION OF GUILT
1. The Defendant admits that he is pleading guilty because he is in fact guilty
of the crime(s) charged in Counts 1 through 6.
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
1
 FILED IN OPEN COURT
U.S.D.C ATLANTA  
Date: __________________________ 
JAMES N. HATTEN, Clerk
By: ____________________________
 Deputy Clerk 
MAY 11 2021
s/Lynn Wood Beck

witnesses against him. If the Defendant wished, he could testify on his
own behalf and present evidence in his defense, and he 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 incriminate himself. If the Defendant were found
guilty after a trial, he would have the right to appeal the conviction.
3. The Defendant understands that by pleading guilty, he is giving up all of
these rights and there will not be a trial of any kind.
4. By pleading guilty, the Defendant also gives up his right 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 Defendants
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 as
to each count to which he is pleading guilty, that is. Counts 1 through 6:
a. Maximum term of imprisonment: 30 years.
b. Mandatory minimum term of imprisonment: None.
c. Term of supervised release: 0 years to 5 years.
d. Maximum fine: $1,000,000, 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(s) and relevant conduct.
f. Mandatory special assessment: $100, due and payable immediately.
g. Forfeiture of any and all proceeds obtained, directly or indirectly,
from the commission of the offense(s).
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, including the offense to which the
Defendant is pleading guilty. Indeed, because the Defendant is pleading
guilty to this offense, 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 Government, 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.
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Dismissal of Counts
12. The Government agrees that, upon the entry of the Judgment and
Commitment Order, any and all remaining counts in the above-styled case
still pending against the Defendant shall be dismissed pursuant to
Standing Order No. 07-04 of this Court and to Rule 48(a) of the Federal
Rules of Criminal Procedure. The Defendant understands that the
Probation Office and the Court may still consider the conduct underlying
such dismissed counts in determining relevant conduct under the
Sentencing Guidelines and a reasonable sentence under Title 18, United
States Code, Section 3553(a).
Sentencing Guidelines Recommendations
13. The Government and the Defendant hereby stipulate and agree that:
a. The applicable offense guideline is § 2Bl.l(a)(l), which establishes a
Base Offense Level of 7.
b. The amount of loss resulting from the offenses of conviction and all
relevant conduct is more than $3,500,000 but less than $9,500,000,
which results in an 18-level upward adjustment under §
2Bl.l(b)(l)(J).
c. The offense involved 10 or more victims; and the offense resulted in
substantial financial hardship to one or more victims, which results
in a 2-level upward adjustment under § 2Bl.l(b)(2)(A).
d. The Defendant relocated, and participated in relocating, a
fraudulent scheme to another jurisdiction to evade law enforcement

or regulatory officials; and the offense involved sophisticated means
and the Defendant intentionally engaged in or caused the conduct
constituting sophisticated means, which results in a 2-level upward
adjustment under § 2Bl.l(b)(10).
e. The Defendant derived more than $1,000,000 in gross receipts from
one or more financial institutions as a result of the offense, which
results in a 2-level upward adjustment under § 2Bl.l(b)(17)(A).
f. The Defendant was an organizer or leader of a criminal activity that
involved five or more participants or was otherwise extensive,
which results in a 4-level upward adjustment under § 3Bl.l(a).
g. The Defendant willfully obstructed or impeded, or attempted to
obstruct or impede, the administration of justice with respect to the
investigation of the instant offense of conviction, and the obstructive
conduct related to the defendant's offense of conviction and any
relevant conduct, or a closely related offense, which results in a 2-
level upward adjustment under § 3C1.1.
14. Based on the information known to the Government at this time, the
Government believes that no other sentencing enhancements apply.
Acceptance of Responsibility
15. The Government will recommend that the Defendant receive an offense
level adjustment 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 in 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.
Right to Answer Questions, Correct Misstatements,
and Make Recommendations
16. 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 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.
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Right to Modify Recommendations
17. 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 in this Plea Agreement,
and the failure to do so will not constitute a violation of this Plea
Agreement
Specific Sentence Recommendation
18. Unless the Defendant engages in conduct inconsistent with accepting
responsibility, as described more fully in the "Acceptance of
Responsibility" paragraph above, the Government agrees to recommend
that the Defendant be sentenced to 151 months of imprisonment.
Fine—No Recommendation as to Amount
19. 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.
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Restihition and Forfeiture
Restitution
20. The Defendant agrees to pay full restitution, plus applicable interest, to the
Clerk of Court for distribution to all victims of the offense(s) 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. The Defendant
understands that the amount of restitution owed to each victim will be
determined at or before sentencing. The Defendant also agrees to
cooperate fully in the investigation of the amount of restitution, the
identification of victims, and the recovery of restitution for victims.
21. The Defendant understands that the full restitution amount is 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 a restitution payment
schedule—which would represent his minimum obligation—and that the
Government would entitled to pursue other sources of recovery. The
Defendant agrees to cooperate with the Government s efforts to collect the
restitution by any legal means the Government deems appropriate. The
Defendant and his counsel agree that the Government may contact the
Defendant regarding the collection of restitution without notifying counsel
and outside the presence of counsel.

Forfeihire
22. Pursuant to Title 18, United States Code, Section 982(a)(2), the Defendant
agrees to forfeit to the United States all property, real or personal,
constituting or derived from proceeds obtained, directly or indirectly, as a
result of the offense(s) to which he is pleading guilty, including, but not
limited to, the following:
(a) Currency and Bank Funds:
• $60,000.00 in funds seized from Sterling National Bank account
number XXXXX5233 held in the name of Lucky Star Licensing.
• $29,477.91 in funds seized from United Community Bank account
number XXXXXX2864 held in the name of K.L.
• $9,362.47 in funds seized from United Community Bank account
number XXXXXX2299 held in the name of P.C.
(b) Vehicles:
• 2015 Kenworth T-680 truck, VIN 1XKYDP9X3FJ384332.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9XOFJ384367.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384364.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384350.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384347.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9X1FJ384362.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9XXFJ384358.
• 2015 Kenworth T-680 truck, VIN 1XKYDP9XBFJ384343.
23. The Defendant waives and abandons all right, title, and interest in all of
the property listed above (referred to hereafter, collectively, as the Subject
Property) and agrees to the administrative or judicial forfeiture of the
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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 administrative or judicial
forfeiture or the abandonment of any seized property.
24. 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 in 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 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, and if such a document has already been filed, the Defendant
hereby withdraws that filing.
25. 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 will dispose of any seized property,
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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.
26. The Defendant acknowledges that he is not entitled to use forfeited assets,
including the Subject Property, to satisfy any fine, restitution, cost of
imprisonment, tax obligations, or any other penalty the Court may impose
upon the Defendant in addition to forfeiture.
27. The Defendant consents to the Court's entry of a preliminary order of
forfeiture against the Subject Property, which will be final as to him, a part
of his sentence, and incorporated into the judgment against him.
Financial Cooperation Provisions
Special Assessment
28. The Defendant agrees that he will pay a special assessment in the amount
of $600 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
Attorneys upon payment thereof.
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Fine/Restitution - Terms of Payment
29. 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 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 restitution. 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 collect the fine
and/or restitution 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
30. The Defendant agrees that the Defendant will not sell, hide, waste,
encumber, destroy, or otherwise devalue any such asset worth more than
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$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.
31. 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 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.
32. 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 interview (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
interview(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.
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33. 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 will 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 applied 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
interview(s)/deposition(s)/financial forms, which could result in the
acquisition of evidence admissible against the Defendant in subsequent
proceedings. If the Defendant subsequently takes a position in any 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)/financial 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
mterview(s)/deposition(s)/financial forms to respond to arguments made
or issues raised sua sponte by the Magistrate or District Court.
15

Recommendations/Stipulations Non-bindins
34. 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 guilty plea or to claim a breach of
this Plea Agreement.
Limited Waiver of Appeal
35. 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 collaterally attack his
conviction and sentence in any post-conviction proceeding (including, but
not limited to, 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
constitutionally ineffective assistance are excepted from this waiver. The
Defendant understands that this Plea Agreement does not limit the
Governments 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.
16

Miscellaneous Waivers
FOIA/Privacy Act Waiver
36. 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.
No Other Agreements
37. There are no other agreements, promises, representations, or
understandings between the Defendant and the Government.
In Open Court this // day of /^t1 _, 2021.
A^- -^
SIGNATURE (Defendant's Attorney) SIGNATURE' (Defendant)
Saraliene Smith Durrett Maurice Fayne
JRE (Assistant U.S. Attorney)
fbhn Russell Phillips
^QA^ta.T^sM^^
^
SIGNATURE (Assistant U.S. Attorney)
Bernita B. Malloy
SIGNATURE (Approving Official)
Stephen H. McClain
17

-^v^c^P^' ^
I have read the Ipf(5rmation 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.
0.5-1 I-PO^ I
SIGNATURE (Defendant) DATE
Maurice Fayne
18

I am Maurice Fayne's 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
Agreement.
5'- 1)^21
SIGNATURE (Defendant's Attorney) DATE
Saraliene Smith Durrett
State Bar Number 837897
Saraliene Smith Durrett, LLC
1800 Peachtree Street NE
Suite 300
Atlanta, GA 30309
(404) 433-0855
Filed in Open Court
This llr(day of , 2021
UA. KX
19

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.
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1:20-CR-228-MHC-JKL (SECOND SUPERSEDING)
MAURICE FAYNE, A/K/A ARKANSAS MO
$600
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 within 30 days of the
guilty plea.
20

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