Plea Agreement Addendum re: Forfeiture — United States v. Padilla-Reyna (Dkt. 47, E.D. Wash.)

Summary

A plea agreement addendum regarding forfeiture in United States v. Karla Leticia Padilla-Reyna, a.k.a. Karla Padilla, No. 1:22-CR-2059-MKD-1, in the U.S. District Court for the Eastern District of Washington, filed May 16, 2023 as ECF No. 47. It is made by United States Attorney Vanessa R. Waldref and Assistant U.S. Attorneys Tyler H.L. Tornabene, Daniel H. Fruchter and Brian M. Donovan, Special Assistant U.S. Attorney Frieda K. Zimmerman, and the defendant through counsel Robin C. Emmans and Ulvar W. Klein. The defendant agrees to forfeit all net proceeds from the sale of real property in Yakima that she co-owns, to give the United States notice of the sale and to remit the proceeds to the United States Marshals Service at closing. She stipulates that the proceeds are directly forfeitable property.

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Case 1:22-cr-02059-MKD ECF No. 47 filed 05/16/23 PagelD.244 Page 1of8

Vanessa R. Waldref
United States Attorney                         FILED IN THE U.S. DISTRICT COURT
Eastern District of Washington                 EASTERN DISTRICT OF WASHINGTON

Tyler H.L. Tornabene
Dn FP WwW NYO Cowon   Daniel H. Fruchter                 MAY 16 2023
Brian M. Donovan
Assistant United States Attorneys                    SEAN F. MCAVOY, oo? -
Frieda K. Zimmerman                                   YAKIMA, WASHINGTON
Special Assistant United States Attorney
Post Office Box 1494
Spokane, WA 99210-1494
Telephone: (509) 353-2767

                    UNITED STATES DISTRICT COURT
a No KS O&O   FOR THE EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,                No. 1:22-CR-2059-MKD-1

                  Plaintiff,             PLEA AGREEMENT ADDENDUM
                                         RE: FORFEITURE

            VS.

KARLA LETICIA PADILLA-REYNA,
a.k.a. KARLA PADILLA,

                     Defendant.

      Plaintiff, United States of America, by and through Vanessa R. Waldref,

United States Attorney for the Eastern District of Washington, Tyler H.L.

Tornabene, Daniel H. Fruchter, and Brian M. Donovan, Assistant United States

Attorneys for the Eastern District of Washington, Frieda K. Zimmerman, Special

Assistant United States Attorney for the Eastern District of Washington, and

Defendant KARLA LETICIA PADILLA-REYNA (“Defendant”), individually and

by and through Defendant’s counsel, Robin C. Emmans and Ulvar W. Klein, agree

PLEA AGREEMENT ADDENDUM RE FORFEITURE — |

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Case 1:22-cr-02059-MKD ECF No. 47 _ filed 05/16/23 PagelD.245 Page 2of8

to the following Addendum to the Plea Agreement, which is intended to supplement
the agreements reached therein.

A. Forfeiture of Net Proceeds of Real Property Sale

Defendant, KARLA LETICIA PADILLA-REYNA, agrees to voluntarily
forfeit any and all right, title and interest in the following listed asset an in favor of
the United States:

- Any and all net proceeds! from the sale of real property located at 407 E

Q street Yakima, 98901, owned by Defendant KARLA LETICIA
PADILLA-REYNA and her son Sergio Reyna (hereinafter “Subject
Proceeds”).

Defendant agrees to provide reasonable notice to the United States of the sale
of the property. Defendant agrees to remit, herself or by and through her agents, the
Subject Proceeds to the United States Marshals Service in a manner directed by the
United States upon closing of the sale of the aforementioned real property.

Defendant acknowledges, stipulates and agrees that the Subject Proceeds
covered by this Addendum is directly forfeitable property and subject to forfeiture

to the United States as property which constitutes or is derived from proceeds

traceable to offenses in violation of 18 U.S.C. §§ 1343, Wire Fraud, and are therefore

' “Net proceeds” means all funds from the sale of the property, less any costs for
outstanding property taxes, closing costs, real estate transaction costs such as
brokerage fees, and payment of any valid outstanding encumbrances.

PLEA AGREEMENT ADDENDUM RE FORFEITURE -— 2

oO Oo NN MW BP WH NO —

NH NO NH NH HO WH NHN HN HN —|— | | | | SF S| S| SS
on NA Ph WN KSK& OO WAH KDA HA F&F WN KS SO

Case 1:22-cr-02059-MKD ECF No. 47 _ filed 05/16/23 PagelD.246 Page 3of8

forfeitable to the United States pursuant to 18 U.S.C. § 981(a)(1)(C) by way of 18
U.S.C. § 1956(c)(7)(A) and 18 U.S.C. § 1961(1) and 28 U.S.C. § 2461(c).

Defendant stipulates and agrees to the entry of any necessary preliminary and
final orders of forfeiture in this criminal matter, or any other proceeding, forfeiting
the Subject Proceeds to the United States. The Defendant expressly waives further
notice of any forfeiture proceedings or filings necessary to effectuate the forfeiture
of the Subject Proceeds. Defendant stipulates and agrees to testify truthfully in any
forfeiture proceeding, including the above referenced civil forfeiture action.
Defendant stipulates and agrees to execute any and all forms and pleadings necessary
to effectuate such forfeiture. Defendant stipulates and agrees to comply with all
requests made by the United States that are made in order to pass clear title of the
Subject Proceeds to the United States.

B. United States’ Reservation of Right to Seek Forfeiture of Real Property

In the event the Defendant fails to complete the sale of the real property and
remit the net proceeds as provided in Paragraph A, the United States reserves the
right to initiate forfeiture proceedings against the real property located at 407 E Q
street Yakima, 98901, owned by Defendant KARLA LETICIA PADILLA-REYNA
and her son Sergio Reyna. If the United States seeks forfeiture of the real property
under this paragraph, Defendant stipulates and agrees to the entry of an order of

forfeiture in a civil forfeiture proceeding forfeiting the real property to the United

PLEA AGREEMENT ADDENDUM RE FORFEITURE — 3

co oN DH A fF WH NY

NY WN NH KH KH NH NH HN KN KR RR KR HB HS BS Ke eS
on N A fF WW NY SH GS CO Br HR A FP WH NY KH S&S

Case 1:22-cr-02059-MKD ECF No. 47 filed 05/16/23 PagelD.247 Page 4 of8

States. Defendant stipulates and agrees that the real property is forfeitable to the
United States as property which constitutes or is derived from proceeds traceable to
offenses in violation of 18 U.S.C. §§ 1343, Wire Fraud, and are therefore forfeitable
to the United States pursuant to 18 U.S.C. § 981(a)(1)(C) by way of 18 U.S.C. §
1956(c)(7)(A) and 18 U.S.C. § 1961(1) and 28 U.S.C. § 2461(c).

In the event it is necessary, Defendant expressly waives notice of the civil
forfeiture proceedings against the real property and waives her right to file a claim
pursuant to Fed. Suppl. Rule G. Defendant stipulates and agrees to testify truthfully
in any forfeiture proceeding, including any civil forfeiture action. Defendant
stipulates and agrees to execute any and all forms and pleadings necessary to
effectuate such forfeiture. Defendant stipulates and agrees to comply with all
requests made by the United States that are made in order to pass clear title of the
real property to the United States.

C. Application of Forfeited Property to Restitution

Defendant understands the United States will seek restitution for Small
Business Administration in this case independent of the forfeiture of the Subject
Proceeds. It is the parties’ mutual understanding that the United States Attorney’s
Office promises to diligently seek approval to apply the proceeds of any forfeited
assets to Defendant’s restitution obligations through the Department of Justice’s

restoration process. Defendant recognizes, however, the final decision to approve

PLEA AGREEMENT ADDENDUM RE FORFEITURE -— 4

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YN NO HN NH NY NY NY NY NO KR YK KR HR RB HR HK RK KS
ont ONO UN BP WwW NY KH CO CO OAT HD A BP WN KF OS

Case 1:22-cr-02059-MKD ECF No. 47 _ filed 05/16/23 PagelD.248 Page5of8

the restoration application rests with the Attorney General. See 18 U.S.C. § 981(d),
(e); see also 28 C.F.R. 9 et. seq.

The parties further agree that the Defendant shall pay restitution in the amount
of $150,000.00 to the Clerk of Court at sentencing. Collection of the remaining
restitution balance shall be stayed by the United States, except any Bureau of Prisons
Inmate Financial Responsibility Program payments, until a final restoration decision
is made by the Attorney General.

D. Defendant’s Waivers

Defendant stipulates and agrees to waive all constitutional, statutory, and/or
procedural challenges in any manner (including direct appeal, habeas corpus, or any
other means) to any forfeiture carried out in accordance with the Plea Agreement on
any grounds, including a claim that forfeiture in this case constitutes an excessive
fine or punishment. |

Defendant stipulates and agrees to hold the United States, and its agents and
employees, harmless from any and all claims whatsoever in connection with the
investigation, the prosecution of charges, and the seizure and forfeiture of property
covered by this Plea Agreement. Defendant consents to the disposal of assets without
further notice.

E. Non-Abatement of Criminal Forfeiture

PLEA AGREEMENT ADDENDUM RE FORFEITURE — 5

o oN HD TH F&F W HB &

NH NO NY NY NY NY NY NY HY | | | FSF SF Se Se eS
on DN A PP WN &K§ OF OO Hn HD NH PP WO NY KK S&S

Case 1:22-cr-02059-MKD ECF No. 47 filed 05/16/23 PagelD.249 Page6of8

Defendant agrees that the forfeiture provisions of this plea agreement are
intended to, and will, survive her, notwithstanding the abatement of any underlying
criminal conviction after the execution of this agreement. The forfeitability of any
particular property pursuant to this agreement shall be determined as if Defendant
had survived, and that determination shall be binding upon Defendant’s heirs,
successors and assigns until the agreed forfeiture is fully effectuated and the assets
dissipated.

F. United States’ Agreement

The United States Attorney’s Office for the Eastern District of Washington
agrees that upon completion of the forfeiture contemplated by this Addendum that it
will not seek to forfeiture of any other assets, real or personal, in relation to any of
the conduct charged in the Indictment or based on information in its possession at
the time of this Addendum that relates to conduct that is either charged in the
Indictment or identified in discovery produced in this case, unless Defendant
breaches this Addendum.

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PLEA AGREEMENT ADDENDUM RE FORFEITURE -— 6

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Case 1:22-cr-02059-MKD ECF No. 47 _ filed 05/16/23 PagelD.250 Page 7 of 8

Approvals and Signatures

Agreed and submitted on behalf of the United States Attorney’s Office for the
Eastern District of Washington.

Vanessa R. Waldref
United States Attorney

hike la 7 S/IS/Z2

Tyler H.L. Torha e Date
Daniel H. Fruchter

Brian M. Donovan

Assistant U.S. Attorneys

Frieda K. Zimmerman

Special Assistant United States Attorney

PLEA AGREEMENT ADDENDUM RE FORFEITURE — 7

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TO a sa
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Case 1:22-cr-02059-MKD ECF No. 47 filed 05/16/23 PagelD.251 Page 8 of 8

I have read this Plea Agreement Addendum and have carefully reviewed and
discussed every part of the agreements with my attorney. I understand and
voluntarily enter into the Plea Agreement Addendum. Furthermore, I have consulted
with my attorney about my rights, I understand those rights, and I am satisfied with
the representation of my attorney in this case. No other promise or inducements
have been made to me, other than those contained in this Plea Agreement Addendum
and no one has threatened or forced me in any way to enter into this Plea Agreement

Addendum.

An _/ Mitel so22

Karla Leticia PadillaReyna
Defendant

I have read the Plea Agreement Addendum and have discussed the contents

of the agreement with my client. The Plea Agreement Addendum accurately and

completely sets forth the entirety of the agreement between the parties.

| ed SACL 2023

Robin C. Emmans Date
Ulvar W. Klein
Attorneys for Defendant

PLEA AGREEMENT ADDENDUM RE FORFEITURE — 8

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