Plea Agreement as to Eric Rivera — Plea Agreement as to Eric Rivera — USA v. Rivera et al. (Dkt. 123) (Dkt. 123, D.N.J.)

Record facts

U.S. District Court for the District of New Jersey · No. 1:24-cr-00267-KMW · Doc. 123 · 2026-04-22 · Docket on CourtListener

Full text

Case 1:24-cr-00267-KMW Document123_ Filed 04/22/26 Page 1of 11 PagelD: 699

Case No. 24-cr-267-1

U.S. Department of Justice
United States Attorney's Office
District of New Jersey

JASON M, RICHARDSON 401 Market Street, Fourth Floor
Assistant United States Attamey Caniden, New Jersey 08101-2098

Direct Dial: 856.968.4869
Email; Jason.Richardson@vsdoj.gov

March 16, 2026

Jay L. Strongwater, Esq.

Strongwater & Associates, LLC
Tower Place

3340 Peachtree Road, NE, Suite 2570
Atlanta, GA 30326

Re: Plea Agreement with Eric Rivera

Dear Mr, Strongwater:

This letter sets forth the plea agreement between your client, Eric Rivera, and the United
States Attomey’s Office for the District of New Jersey (the “Office”), This offer will expire on
Monday, March 16, 2026, if it is not accepted in writing by that date. If Eric Rivera does not
accept this plea agreement, his sentencing exposure could increase beyond what is discussed. in
this plea agreement as a result of this Office’s investigation.

Charges

Conditioned on the understandings specified below, the Office will accept a guilty plea
from Eric. Rivera to Counts | and 5 of the Indictment, United States v. Eric Rivera, Adrienne
Ponzo, and James Wessels, Crim. No. 24-267 (D.N.J.), which charge him with bank fraud
conspiracy, in violation of 18 U.S.C. § 1349, and wire fraud conspiracy, in violation of 18 U.S.C.
§ 1349. If Eric Rivera enters a guilty plea and is sentenced on these charges, and otherwise fully
complies with this agreement, this Office will not initiate any further criminal charges against Eric
Rivera for his role in the criminal conduct charged in the Indictment, Crim. No. 24-267 (KMW),
or for his role in applying for and receiving fraudulent Paycheck Protection Program (PPP) loans
and Economic Injury Disaster Loans (EIDLs) for the entities set forth in Schedule B, or for
laundering or spending the proceeds from these loans, provided that Eric Rivera agrees that, for
the purposes of sentencing, the loans set forth in Schedule B will be treated as relevant conduct
pursuant to U.S.S.G. § 1B1.3. In addition, if Eric Rivera fully complies with all of the terms of
this agreement, at the time of sentencing in this matter, this Office will move to dismiss Counts 2-
4, 6-7, and 9-17 of the Indictment against him.
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But if a guilty plea in this matter is not entered for any reason or a guilty plea or judgment
of conviction entered in accordance with this agreement does not remain in full force and effect,
this Office may reinstate any dismissed charges and initiate any other charges against Eric Rivera
even if the applicable statute of limitations period for those charges expires after Eric Rivera signs
this agreement, and Eric Rivera agrees not to assert that any such charges are time-barred.

Sentencing
Count 1: Bank Fraud Conspiracy

The violation of 18 U.S.C. § 1349 (Bank Fraud Conspiracy) to which Eric Rivera agrees
to plead guilty carries a statutory maximum prison sentence of 30 years and a statutory maximum
fine equal to the greatest of: (1) $1,000,000; (2) twice the gross amount of any pecuniary gain that
any persons derived from the offense; or (3) twice the gross amount of any pecuniary loss sustained
by any victims of the offense. The prison sentence may run consecutively to any prison sentence
Eric Rivera is serving or is ordered to serve.

Count 5: Wire Fraud Conspiracy

The violation of 18 U.S.C. § 1349 (Wire Fraud Conspiracy) to which Eric Rivera agrees to
plead guilty carries a statutory maximum prison sentence of 20 years and a statutory maximum
fine equal to the greatest of: (1) $250,000; or (2) twice the gross amount of any pecuniary gain
that any persons derived from the offense; or (3) twice the gross amount of any pecuniary loss
sustained by any victims of the offense, whichever is greater. Fines imposed by the sentencing
judge may be subject to the payment of interest. The prison sentence may run consecutively to the
prison sentence imposed for Count One and any prison sentence Eric Rivera is serving or is ordered
to serve.

All Counts

The sentence to be imposed upon Etic Rivera is within the sole discretion of the sentencing
judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C. §§ 3551-3742, and the
sentencing judge’s consideration of the United States Sentencing Guidelines. Those Guidelines
ate advisory, not mandatory. The sentencing judge may impose any reasonable sentence up to and
including the statutory maximum term of imprisonment and the maximum statutory fine. This _
Office cannot and does not make any representation or promise as to what Guidelines range may
be found by the sentencing judge, or as to what sentence Eric Rivera ultimately will receive.

Eric Rivera specifically agrees that for purposes of sentencing, uncharged offenses and/or
dismissed counts will be treated as relevant conduct pursuant to U.S.S.G. § 1B1.3, to the extent
that the offenses are related to the count of conviction.

Further, in addition to imposing any other penalty on Eric Rivera, the sentencing judge as
part of the sentence:
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(1) will order Eric Rivera to pay assessments of $100 per count, for a total of $200,
pursuant to 18 U.S.C. § 3013, which assessments must be paid by the date of
sentencing;

(2) must order Eric Rivera to pay restitution pursuant to 18 U.S.C. § 3663 ef seq.;

(3) may order Eric Rivera, pursuant to 18 U.S.C. § 3555, to give reasonable notice
and explanation of the conviction to any victims of his offenses;

(4) must order forfeiture, pursuant to 18-U.S.C, § 981(a)(1)(C) and 28 U.S.C, § 2461;

(5) pursuant to 18 U.S.C. § 3583, may require Eric Rivera to serve a term of
supervised release of not more than 5 years on Count 1, and not more than 3 years
on Count 5, which will begin at the expiration of any term of imprisonment
imposed, Should Eric Rivera be placed on a term of supervised release and
subsequently violate any of the conditions of supervised release before the
expiration of its term, Eric Rivera may be sentenced to not more than three years’
imprisonment on Count | and two years’ imprisonment on Count 5, in addition to
any prison term previously imposed, regardless of the statutory maximum term of
inaprisonment set forth above and without credit for time previously served on
post-release supervision, and may be sentenced to an additional term of
supervised release.

Restitution

Pursuant to the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A, Eric Rivera agrees
to pay full restitution to the victims of the offenses of conviction or from the scheme, conspiracy,
or pattern of criminal dctivity underlying those offenses in an amount that fully compensates the
victims for the losses sustained as a result of those offenses. As part of his restitution obligations,
Eric Rivera agrees to make full restitution for all losses—including the full loan amount and all
advances, origination fees, processing fees, and accrued interest-—-associated with the loans listed
on Schedule B. , '

Forfeiture

As part of his acceptance of responsibility, Eric Rivera agrees to forfeit to the United States,
pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(2)(A), any property, real or personal,
constituting, or derived from, proceeds he obtained directly or indirectly as a result of the:
conunission of the offenses charged in the Indictment, Eric Rivera further agrees that the value of
such property was $737,816; that one or more of the conditions set forth in 21 U.S.C. § 853()
exists; and that the United States is therefore entitled to forfeit substitute assets equal to the value
of the proceeds obtained by Eric Rivera, in an amount not to exceed $737,816 (the “Forfeiture
Amount”). Eric Rivera consents to the entry of an order requiring him to pay the Forfeiture
Amount, in the manner described below (the “Order”), and that the Order will be final as to Eric
Rivera prior to sentencing, pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure,

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and which may be satisfied in whole or in part with substitute assets. Eric Rivera further agrecs
that upon entry of the Order, the United States Attorney’s Office is authorized to conduct any
discovery needed to identify, locate, or dispose of property sufficient to pay the Forfeiture Amount
in full or in connection with any petitions filed with regard to proceeds or substitute assets,
including depositions, interrogatories, and requests for production. of documents, and the issuance
of subpoenas, and Eric Rivera agrees to cooperate with this discovery.

All payments made in full or partial satisfaction of the Forfeiture Amount shall be made
by postal money order, bank, or certified check, made payable in this instance to the United States
Marshals Service, indicating Eric Rivera’s name and case number on the face of the check; and

’ shall be delivered by mail to the United States Attorney’s Office, District of New Jersey, Attn:
Asset Forfeiture and Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102,

Eric Rivera waives the requirements of Rules 32.2 and 43(a) of the Federal Rules of
Criminal Procedure regarding notice of the forfeiture in the charging instrument, announcement
of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. Eric Rivera
understands that criminal forfeiture is part of the sentence that may be imposed in this case and
waives any failure by the court to advise him of this pursuant to Rule 11(b)(1)() of the Federal
Rules of Criminal Procedure at the guilty plea proceeding. Eric Rivera waives any and all
constitutional, statutory, and other challenges to the forfeiture on ‘any and all grounds, including
that the forfeiture constitutes an excessive fine or punishment under the Eighth Amendment, It is
further understood that any forfeiture of Eric Rivera’s asscts shall not be treated as satisfaction of
any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon him
in addition to forfeiture.

Bric Rivera further agrees that not later than the date he enters plea of guilty he will provide
a complete and accurate Financial Disclosure Statement on the form provided by this Office. If
Eric Rivera fails to provide a complete and accurate Financial Disclosure Statement by the date he
enters his plea of guilty, or if this Office determines that Bric Rivera has intentionally failed to
disclose assets on his Financial Disclosure Statement, Eric Rivera agrees that that failure
Constitutes a material breach of this agreement, and this Office reserves the right, regardless of any
agreement or stipulation that might otherwise apply, to oppose any downward adjustment for.
acceptance of responsibility pursuant to U.S.S.G. § 3EL.1, and to seek leave of the Court to
withdraw from this agreement or seek other relief.

Rights of The Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office reserves the right to take any -
position with respect to the appropriate sentence to be imposed on Eric Rivera by the sentencing
judge. This Office may also correct any misstatements relating to the sentencing proceedings and
provide the sentencing judge and the United States Probation Office all law and information
relevant to sentencing, favorable or otherwise. And this Office may inform the sentencing judge
and the United States Probation Office of: (1) this agreement; and (2) the full nature and extent of
Eric Rivera’s activities and relevant conduct with respect to this case.

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Stipulations

This Office and Eric Rivera will stipulate at sentencing to the statements set forth in the
attached Schedule A, which is part of this plea agreement. Both parties understand that the
sentencing judge and the United States Probation Office are not bound by those stipulations and
may make independent factual findings and may reject any or all of the parties’ stipulations. Nor
do these stipulations restrict the parties’ rights to respond to questions from the Court and to correct
misinformation that has been provided to the Court.

This agreement to stipulate on the part of this Office is based on the information and
evidence that this Office possesses as of the date of this agreement. Thus, if this Office obtains or
receives additional evidence or information prior to sentencing that it believes materially conflicts
with a Schedule A stipulation, that stipulation shall no longer bind this Office. A determination
that a Schedule A stipulation is not binding shall not release the parties from any other portion of
this agreement, including any other Schedule A stipulation.

If the sentencing court rejects a Schedule A stipulation, both parties reserve the right to
argue on appeal or at post-sentencing proceedings that the sentencing court did so properly.
Finally, to the extent that the parties do not stipulate to a particular fact or legal conclusion in this
agreement, each reserves the right to argue how that fact or conclusion should affect the sentence.

Waiver of Appeal and Post-Sentencing Rights

As set forth in Schedule A and the paragraph below, this Office and Eric Rivera waive
certain rights to appeal, collaterally attack, or otherwise challenge the judgment of conviction or
sentence.

Immigration Consequences

Eric Rivera understands that, if Eric Rivera is not a citizen of the United States, Eric
Rivera’s guilty plea to the charged offense will likely result in Eric Rivera being subject to -
immigration proceedings and removed from the United States by making Eric Rivera deportable,
excludable, or inadmissible, or ending Eric Rivera’s naturalization. Eric Rivera understands that
the immigration consequences of this plea will be imposed in a separate proceeding before the
immigration authorities. Eric Rivera wants and agrees to plead guilty to the charged offense
regardless of any immigration consequences of this plea, even if this plea will cause Eric Rivera’s
removal from the United States, Eric Rivera understands that Eric Rivera is bound by this guilty
plea regardless of any immigration consequences. Accordingly, Eric Rivera waives any right to
challenge the guilty plea, sentence, or both based on any immigration consequences. Eric Rivera
also agrees not to seck to withdraw this guilty plea, or to file a direct appeal, or any kind of
collateral attack challenging the guilty plea, conviction, or sentence, based on any immigration
consequences of the guilty piea or sentence.
Case 1:24-cr-00267-KMW Document123 Filed 04/22/26 Page 6of11 PagelD: 704

Other Provisions

. This agreement is limited to the United States Attorney’s Office for the District of New
Jersey and cannot bind other federal, state, or local authorities, If requested to do so, however,
this Office will bring this agreement to the attention of other prosecuting offices.

This agreement was reached without regard to any civil or administrative matters that may
be pending or commenced in the future against Eric Rivera. So this agreement does not prohibit
the United States, any agency thereof (including the Internal Revenue Service and Immigration
and Customs Enforcement) or any third party from initiating or prosecuting any civil or
administrative proceeding against him.

No provision of this agreement shall preclude Eric Rivera from pursuing in an appropriate
forum, when permitted by law, a claim that he received constitutionally ineffective assistance of
counsel.

No Other Promises

This agreement constitutes the entire plea agreement between Eric Rivera and this Office
and supersedes any previous agreements between them. No additional promises, agreements, or
conditions have been made or will be made unless set forth in writing and signed by the parties.

Very truly yours,

TODD BLANCHE
United States Deputy Attorney General

PHILLIP LAMPARELLO

Senior Counsel

M rd ba/

By: JASON M. RICHARDSON
Assistant United States Attorney

APPROVED:

MA LE

SARA A. ALIABADI
Deputy Attorney-In-Charge, Camden

Case 1:24-cr-00267-KMW Document123_ Filed 04/22/26 Page 7 of 11 PagelD: 705

[ have received this letter from my attorney, Jay L. Strongwater, Esq, I have read it. My
attorney and I have reviewed and discussed it and all of its provisions, including those addressing
the charge, sentencing, stipulations (including the attached Schedule A and Schedule B), waiver, '
forfeiture, restitution, and immigration consequences. I understand this letter fully and am
satisfied with my counsel’s explanations. I accept its terms and conditions and acknowledge that
it constitutes the plea agreement between the parties. I understand that no additional promises,
agreements, or conditions have been made or will be made unless set forth in writing and signed
by the parties. I want to plead guilty pursuant to this plea agreement.

AGREED AND ACCEPTED:

a

/ . ff. i MA EEN etratety M ow _ _ hs 7 ue ~~
ere [mal Date: » ny vw ‘

I have reviewed and discussed with my client this plea agreement and all of its provisions,
including those addressing the charge, sentencing, stipulations (including the attached Schedule A
and Schedule B), waiver, forfeiture, restitution, and immigration consequences. My client
understands this plea agreement fully and wants to plead guilty pursuant to it.

Lae seg terete. Date: B./L: 24
. STRONGWATER, Esq.
Counsel to Defendant Eric Rivera
Case 1:24-cr-00267-KMW Document123_ Filed 04/22/26 Page 8 of 11 PagelD: 706

Plea Agreement with Eric Rivera
Schedule A

I, The Office and Eric Rivera recognize that the United States Sentencing Guidelines
are not binding upon the Court. Each party nevertheless agrees to these stipulations.

2. The version of the Guidelines effective November 1, 2025, applies in this case.

Counts 1 and 5: Bank Fraud Conspiracy and Wire Fraud Conspiracy

3. Counts 1 and 5 group together pursuant to the provisions of USSG §3D1.2(d),
because the offense level is determined largely on the basis of the total amount of harm ot loss.

4, The applicable guideline is USSG §2X1.1. Pursuant to USSG §2X1 .1(a), the Base
Offense Level is the base offense level from the guideline for the substantive offense, plus any
adjustments from such guideline for any intended offense conduct that can be established with
reasonable certainty.

5, The applicable guideline is U.S.S.G. § 2B1.1. This guideline catries a Base Offense
Level of 7 because the statutory maximum prison sentence for each charged offense is 20 years or
more.

6, Specific Offense Characteristic U.S.S.G, § 2B1.1(b)(1)() applies because the total
loss amount is greater than $1,500,000 but less than $3,500,000. This Specific Offense
Characteristic results in an increase of 16 levels.

7, The parties do not agree as to the applicability of U.S.S.G. § 3B1.1, and both sides
reserve the right to argue their respective positions at sentencin g. The Government’s position is
that U.S.S.G. § 3B1.1 applies because Eric Rivera was an organizer or leader of a criminal activity
that involved five or more patticipants or was otherwise extensive, This results in an increase of
4 levels. Eric Rivera’s position is that he was not an organizer or leader of a criminal activity that
involved five or more participants or was otherwise extensive.

8. The parties do not agree as to the applicability of U.S.S.G. § 3C1.1, and both sides
reserves the right to argue their respective positions at sentencing, The Government’s position is
that U.S.S.G. § 3C1.1 applies because Eric Rivera willfully obstructed or impeded, or attempted
to obstruct or impede, the administration of justice with respect to the investigation, prosecution,
or sentencing of the instant offense of conviction, and the obstructive conduct related to Eric
Rivera’ offense of conviction and any relevant conduct. This results in an increase of 2 levels.
Eric Rivera’s position is that he did not willfully obstruct or impede, or attempt to obstruct or
impede, the administration of justice with respect to the investigation, prosecution, or sentencing
of the instant offense of conviction or any relevant conduct.

9, As of the date of this letter, Eric Rivera has clearly demonstrated a recognition and
affirmative acceptance of personal responsibility for the offense charged. Therefore, a downward
adjustment of 2 levels for acceptance of responsibility is appropriate if Eric Rivera’s acceptance
of responsibility continues through the date of sentencing, See U.S.S.G. § 3EL.1(a).

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10. As of the date of this letter, Eric Rivera has assisted authoritics in the investigation
or prosecution of his own misconduct by timely notifying authorities of his intention to enter a
plea of guilty, thereby permitting the Office to avoid preparing for trial and permitting the Office
and the court to allocate their resources efficiently. At sentencing, the Office will move for a
further 1-point reduction in Eric Rivera’s offense level pursuant to U.S.S.G. § 3E1.1(b) if the
following Conditions are met: (a) Eric Rivera enters a plea pursuant to this agreement, (b) this
Office, in ils discretion, determines that Eric Rivera’s acceptance of responsibility has continued
through the date of sentencing and Eric Rivera therefore qualifies for a 2-point reduction for
acceptance of responsibility pursuant to U.S.S.G, § 3E1.1(a), and (c) Eric Rivera’s offense level
under the Guidelines prior to the operation of § 3E1.1(a) is 16 or greater.

Ii. | Accordingly, the parties agree that, depending upon the sentencing court’s
resolution of the open Guideline issues noted above, the total Guidelines offense level (the “Total
Offense Level”) applicable to Eric Rivera is:

a, 26, if the sentencing court determines that a 4-level enhancement applies
under U.S.S,G, § 3B1.1 and a 2-level enhancement applies under U.S.S.G. § 3C1.1;

b. 24, if the sentencing court determines that only a 4-level enhancement
applies under U.S.S.G. § 3B1.1;

C, 22, if the sentencing court determines that only a 2-level enhancement
applies under U.S.S.G. § 3C1.1; or

d, 20, if the sentencing court determines that neither U.S.S.C. § 3BI.1 nor
ULS.S.G, § 3C1.1 applies.

12. The parties agree not to advocate for any upward or downward adjustment or
departure from the Guidelines range resulting from (a) the Total Offense Level and (b) the criminal
history category that the sentencing judge applies under Chapter 4 of the Guidelines without any
departure or variance, But each party may seek a variance from that Guidelines range, which the

other party may oppose. Gs B ir Ye

13. = [f the term of imprisonment does not oxcuet Eoin and except as specified in
the next paragraph below, Eric Rivera will not challenge or seck to reduce ‘by any means any
component of the sentence imposed by the sentencing judge for any reason other than ineffective
assistance of counsel. The term “any means” includes a direct appeal under 18 U.S.C. § 3742 or
28 U.S.C. § 1291, a motion to vacate the sentence under 28 U.S.C. § 2255, a motion to reduce the
term of imprisonment under 18 U.S.C. § 3582(c)(1)(B) or (c)(2), a motion for early termination of
supervised release under {8 U.S.C. § 3583(e){1), and any other appeal, motion, petition, or writ,
however captioned, that Pak attack or modify any component of the sentence. If the term of
imprisonment is at ‘easter ee this Office will not challenge by appeal, motion, or writ any
component of the sentence in Nea by the sentencing judge. The provisions of this paragraph
bind the parties even if the sentencing judge employs a Guidelines analysis different from the one

above. TY J

14. _ Both parties reserve the right to file or to oppose any appeal, collateral attack, writ
or motion not barred by the preceding paragraph or any other provision of this plea agreement.
Case 1:24-cr-00267-KMW Document123 Filed 04/22/26 Page 10 of 11 PagelD: 708

Moreover, the preceding paragraph docs not apply to:

i, Any proceeding to revoke the term of supervised release;

ii, A motion for a reduction of the term of imprisonment under 18 U.S.C. §
3582(c)(1){A); or

iii, An appeal from the denial of a § 3582(c)(1)(A) motion on the grounds that
the court erred in finding no extraordinary and compelling circumstances
warranting a reduced term of imprisonment or that the court failed to
consider those circumstances as a discretionary matter under the
applicable factors of 18 U.S.C. § 3553(a).

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Case 1:24-cr-00267-KMW Document 123

Filed 04/22/26 Page 11 of 11 PagelD: 709

Plea Agreement with Eric Rivera

Schedule B — Identified Lenders and Loans

PPP/ Lender Loan Amount Funded
EIDL Number
PPP KeyBank 8019068603 $122,000.00
PPP KeyBank 5526678610 $143,000.00
PPP KeyBank 8481498701 $145,000.00
PPP KeyBank 3085908906 $147,000.00
PPP KeyBank 4204178703 ‘$145,000.00
PPP KeyBank 7290838601 $145,000.00
PPP KeyBank 6546858803 $145,000.00
PPP Jtria Ventures 5914968507 $96,402.00
PPP Cross River Bank 9078948100 $362,500.00
PPP KeyBank 9380578609 $140,000.00
PPP KeyBank 6229508603 $145,000.00
PPP KeyBank 4330548708 $145,000.00
PPP KeyBank 6177688902 $145,000.00
PPP KeyBank 6947478906 $145,833.00
PPP Kabbage 5543168100 $64,550.00
PPP Kabbage §591848108 $59,737.65
PPP Kabbage 5589148100 $125,979.00
PPP Kabbage 5606068 103 $132,109.00
PPP Kabbage 8213688104 $66,396.00
EIDL Small Business 9426428203 $141,600.00
Administration
EIDL | - Small Business 9127358206 $147,100.00
Administration
EBIDL Small Business 9394758202 $142,200.00
Administration

*Where the U.S. Small Business Administration has forgiven a loan, the
restitution amount shall be ordered to the U.S. Small Business Administration.

ii

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