Plea Agreement — United States v. Catala (Dkt. 71, N.D. Fla.)

Summary

A plea agreement in United States v. Joe Nicholas Catala, No. 4:21-cr-00036-AW-MAF, in the U.S. District Court for the Northern District of Florida, filed November 19, 2021 as Document 71. It is entered into by the defendant, his attorney Jeff T. Gorman, and the Acting United States Attorney, and states that it does not bind other agencies, including the Internal Revenue Service. The defendant agrees to plead guilty to Count One (Conspiracy to Commit Bank and Wire Fraud), Counts Two, Six and Ten (Bank Fraud), Count Fifteen (Theft of Mail), Count Sixteen (passing and uttering a Treasury check bearing a false and forged endorsement) and Count Nineteen (Aggravated Identity Theft). The government will move to dismiss the remaining counts of the Indictment.

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Case 4:21-cr-00036-AW-MAF Document 71 Filed 11/19/21 Page 1 of 6

           IN THE UNITED STATES DISTRICT COURT FOR THE
                   NORTHERN DISTRICT OF FLORIDA
                         TALLAHASSEE DIVISION

 UNITED STATES OF AMERICA

 Vv.                                      CASE NO. 4:21¢cr36-A W-MAF-1

 JOE NICHOLAS CATALA
                                   /

                            PLEA AGREEMENT

                        1, PARTIES TO AGREEMENT

       This agreement is entered into by and between Joe Nicholas Catala as

 Defendant, Jeff T. Gorman as attorney for Defendant, and the Acting United States

 Attorney for the Northern District of Florida. This agreement specifically excludes

 and does not bind any other state or federal agency, including other United States

Attorneys and the Internal Revenue Service, from asserting any civil, criminal, or

administrative claim against Defendant.

                                 2. TERMS

      The parties agree to the following terms:

      a.    Defendant will plead guilty to Count One (Conspiracy to Commit Bank

and Wire Fraud), Counts Two, Six, and Ten (Bank Fraud), Count Fifteen (Theft of

Mail), Count Sixteen (Passing and Uttering a Treasury Check Bearing a False and

Forged Endorsement), and Count Nineteen (Aggravated Identity Theft) of the

                                    7             (we FILED, IN OPEN COURT THIS

                                                               1 /14/a, em

                                                               CLERK, U.S. DISTRICT
                                                             COURT, NORTH. DIST. FLA.

Case 4:21-cr-00036-AW-MAF Document 71 Filed 11/19/21 Page 2 of 6

Indictment and the government will move to dismiss the remaining count (Counts
Four, Five, Seven through Nine — Bank Fraud, Counts Eleven through Fourteen—
Identity Fraud, and Counts Seventeen through Eighteen — Aggravated Identity Theft)
at sentencing. As to Counts One, Two, Six, and Ten, Defendant faces, a maximum
term of thirty years’ imprisonment, five years of supervised release, a $1,000,000
fine, and a $100 special monetary assessment. As to Count Fifteen, Defendant faces,
a maximum term of five years’ imprisonment, one year of supervised release, a
.$250,000 fine, and. a $100 special monetary assessment. As to Count Sixteen,
Defendant faces, a maximum term of ten years’ imprisonment, three years of
supervised release, a $250,000 fine, and a $100 special monetary assessment. As to
Count Nineteen, Defendant faces, a mandatory term of two years’ imprisonment
consecutive to any other incarceration imposed, one year of supervised release, a
$250,000 fine, and a $100 special monetary assessment. Defendant agrees to pay the
special monetary assessments on or before the date of sentencing.

If Defendant is unable to pay the special assessment prior to sentencing due
to indigence, Defendant agrees to participate in the Inmate Financial Responsibility

Program.

The maximum sentence to which Defendant is subject includes the forfeiture

of all forfeitable assets.

5 (yw

Case 4:21-cr-00036-AW-MAF Document 71 Filed 11/19/21 Page 3 of 6

b. By voluntarily pleading guilty to the charges in the Indictment,
Defendant, as to the counts pled herein, knowingly waives and gives up
constitutional rights which attend a defendant on trial in a criminal case. These
constitutional rights include: the right to plead not guilty; the right to have a jury or
judge determine guilt on the evidence presented; the right to compel the government
to prove guilt beyond a reasonable doubt; the right to confront and cross-examine
witnesses; the right not to be compelled to incriminate oneself; the right to testify;
the right to present evidence; and the right to compel the attendance of witnesses.

C Defendant is pleading guilty because Defendant is in fact guilty of the
charges alleged in Counts One, Two, Six, Ten, Fifteen, Sixteen, and Nineteen of the
Indictment. In pleading guilty, Defendant acknowledges that were this case to go to
trial, the government would present evidence to support the charges beyond a
reasonable doubt.

d. Upon the District Court's adjudication of guilt of Defendant for the
charged crimes, the Acting United States Attorney, Northern District of Florida, will
not file any further criminal charges against Defendant arising out of the same
transactions or occurrences to which Defendant has pled. Defendant agrees that
substantial evidence exists to support the charges, as indicated in the agreed-upon

statement of facts incorporated by reference into this plea agreement.

(We

Case 4:21-cr-00036-AW-MAF Document 71 Filed 11/19/21 Page 4 of 6

2. Nothing in this agreement shall protect Defendant in any way from
prosecution for any offense committed after the date of this agreement.

i If Defendant is not a citizen of the United States, Defendant
understands that this conviction may adversely affect Defendant’s immigration
status, and Defendant may be removed from the United States, denied citizenship in
the United States, and denied admission to the United States in the future.

g. The parties agree that the sentence to be imposed is left solely to the
discretion of the District Court, which is required to consult the United States
Sentencing Guidelines and take them into account when sentencing Defendant. The
parties further understand and agree that the District Court’s discretion in imposing
sentence is limited only by the statutory maximum sentence and any mandatory

minimum sentence prescribed by statute for the offenses.

h. Both parties reserve the right to advise the District Court and other
authorities of their versions of the circumstances surrounding the offenses
committed by Defendant. The Acting United States Attorney further reserves the
right to correct any misstatements by Defendant or Defendant’s attorney and to
present evidence and make arguments pertaining to the application of the sentencing
guidelines and the considerations set forth in Title 18, United States Code, Section

3553(a), including sentencing recommendations, and whether departure or variance

upward or downward is appropriate. L
(|

Case 4:21-cr-00036-AW-MAF Document 71 Filed 11/19/21 Page 5 of 6

3. SENTENCING

a. Defendant understands that any prediction of the sentence that may be
imposed is not a guarantee or binding promise. Due to the variety and complexity of
issues that may arise at sentencing, the sentence may not be subject to accurate
prediction.

b. The parties understand and agree that either party may offer additional
evidence relevant to sentencing issues. However, the Court is not limited to
consideration of the facts and events provided by the parties. Adverse rulings or a
sentence greater than anticipated shall not be grounds for withdrawal of Defendant’s
plea.

C, The parties reserve the right to appeal any sentence imposed.

4. VICTIM RESTITUTION

Defendant agrees to make full restitution to the victims as determined by the
Court. Defendant agrees that the amount of restitution may include losses resulting
from related conduct for which Defendant was not convicted, if the loss flowed

directly from the relevant conduct of which Defendant was a part.


Case 4:21-cr-00036-AW-MAF Document 71 Filed 11/19/21 Page 6 of 6

CONCLUSION

In every case in the Northern District of Florida in which the parties enter a
Plea Agreement, the Court requires the parties to enter a sealed Supplement to Plea
Agreement indicating whether or not Defendant agrees to cooperate with the Acting
United States Attorney. The parties agree to the Supplement to Plea Agreement

entered in this case.

Defendant enters this agreement knowingly, voluntarily, and upon advice of

counsel.
AZ
Zi)
€ff T. Gorman JustinM.Keen \ \!¥\
Attorney for Defendant Florida Bar No. 021034
Assistant United States Attorney
if — Ii -20 21 Northern District of Florida
Date a 111 North Adams Street, 4" Floor
\ Tallahassee, FL 32301
p, 850-942-8430
J Ge Nicholas Catala Justin.Keen@usdoj.gov
Defendant
I-18" 203) lateo2 |
Date Date! |

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