Plea Agreement as to Abidemi Rufai (cc: Uspo, Flu, Afu) — United States v. Rufai (Dkt. 42, W.D. Wash. No. 3:21-cr-05186)

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U.S. District Court for the Western District of Washington · No. 3:21-cr-05186-BHS · Doc. 42 · 2022-05-03 · Docket on CourtListener

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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 1 of 16

The Honorable Benjamin H. Settle

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON

AT TACOMA
UNITED STATES OF AMERICA, NO. CR21-5186BHS
Plaintiff,
Vv. PLEA AGREEMENT
ABIDEMI RUFAI,
Defendant.

The United States, through United States Attorney Nicholas W. Brown and
Assistant United States Attorneys Seth Wilkinson and Cindy Chang of the Western
District of Washington,’and Abidemi Rufai, and his attorney, Lance Hester, enter into the
following Plea Agreement, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C).

1. The Charges. Defendant, having been advised of the right to have this
matter tried before a jury, agrees to waive that right and enter a plea of guilty to each of
the following charges contained in the Indictment:

a. Wire Fraud, as charged in Count 2, in violation of Title 18, United

States Code, Section 1343; and

b. Aggravated Identity Theft, as charged in Count 11, in violation of

Title 18, United States Code, Section 1028A.

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 1 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
(206) 553-7970
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By entering these pleas of guilty, Defendant hereby waives all objections to the
form of the charging document. Defendant further understands that before entering any
guilty plea, Defendant will be placed under oath. Any statement given by Defendant
under oath may be used by the United States in a prosecution for perjury or false
statement.

2. Elements of the Offenses. The elements of the offenses to which
Defendant is pleading guilty are set forth below:

a. The elements of Wire Fraud, as charged in Count 2, in violation of
Title 18, United States Code, Section 1343, are as follow:

First, the defendant knowingly participated in, or devised, a scheme or plan
for obtaining money or property through false or fraudulent pretenses,
representations or promises;

Second, the promises, statements, or representations were material, that is,
they had a natural tendency to influence a person to part with money or property;

Third, the defendant acted with the intent to defraud;

Fourth: the defendant used, or caused to be used, the wires in interstate or
foreign commerce to carry out or attempt to carry out an essential part of the
scheme; and

Fifth, the violation occurred in relation to, or involved, benefit payments
authorized, transmitted, disbursed or paid in connection with a presidentially-
declared major disaster or emergency.

b. The elements of Aggravated Identity Theft, as charged in Count 11,

in violation of Title 18, United States Code, Section 1028A, are as follow:

First, the defendant knowingly transferred, possessed, or used, without
legal authority, a means of identification of another person;

Second, the defendant knew the means of identification belonged to a real
person; and

Third, the defendant did so during and in relation to the crime of wire fraud.

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 2 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
(206) 553-7970
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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 3 of 16

3. The Penalties. Defendant understands that the statutory penalties
applicable to the offenses to which Defendant is pleading guilty are as follow:

a. For the offense of wire fraud, as charged in Count 2: A term of
imprisonment of up to 30 years, a fine of up to $1,000,000, a period of supervision
following release from prison of up to five years, and a mandatory special
assessment of 100 dollars. Ifa probationary sentence is imposed, the probationary
period can be for up to five years.

b. For the offense of aggravated identity theft, as charged in Count 11:
A mandatory term of imprisonment of two years, which must be consecutive to
any other sentence, a fine of up to $250,000, a period of supervision following
release from prison of up to one year, and a mandatory special assessment of 100
dollars.

Defendant understands that supervised release is a period of time following
imprisonment during which Defendant will be subject to certain restrictive conditions and
requirements. Defendant further understands that, if supervised release is imposed and
Defendant violates one or more of the conditions or requirements, Defendant could be
returned to prison for all or part of the term of supervised release that was originally
imposed. This could result in Defendant serving a total term of imprisonment greater
than the statutory maximum stated above.

Defendant understands that as a part of any sentence, in addition to any term of
imprisonment and/or fine that is imposed, the Court may order Defendant to pay
restitution to any victim of the offense, as required by law.

Defendant further understands that the consequences of pleading guilty may
include the forfeiture of certain property, either as a part of the sentence imposed by the
Court, or as a result of civil judicial or administrative process.

Defendant agrees that any monetary penalty the Court imposes, including the

special assessment, fine, costs, or restitution, is due and payable immediately and further

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220

Plea Agreement - 3 SEATTLE, WASHINGTON 98101
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agrees to submit a completed Financial Disclosure Statement as requested by the United
States Attorney’s Office.

4. Immigration Consequences. Defendant recognizes that pleading guilty
may have consequences with respect to Defendant’s immigration status if Defendant is
not a citizen of the United States. Under federal law, a broad range of crimes are grounds
for removal, and some offenses make removal from the United States presumptively
mandatory. Removal and other immigration consequences are the subject of a separate
proceeding, and Defendant understands that no one, including Defendant’s attorney and
the Court, can predict with certainty the effect of a guilty plea on immigration status.
Defendant nevertheless affirms that Defendant wants to plead guilty regardless of any
immigration consequences that Defendant’s guilty pleas may entail, even if the
consequence is Defendant’s mandatory removal from the United States.

5. Rights Waived by Pleading Guilty. Defendant understands that by
pleading guilty, Defendant knowingly and voluntarily waives the following rights:

a. The right to plead not guilty and to persist in a plea of not guilty;

b. The right to a speedy and public trial before a jury of Defendant’s
peers;

c. The right to the effective assistance of counsel at trial, including, if
Defendant could not afford an attorney, the right to have the Court appoint one for
Defendant;

d. The right to be presumed innocent until guilt has been established

beyond a reasonable doubt at trial;

e. The right to confront and cross-examine witnesses against Defendant
at trial;

f. The right to compel or subpoena witnesses to appear on Defendant’s
behalf at trial;

g. The right to testify or to remain silent at trial, at which trial such

silence could not be used against Defendant; and

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 4 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
(206) 553-7970
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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 5 of 16

h. . The right to appeal a finding of guilt or any pretrial rulings.

6. United States Sentencing Guidelines. Defendant understands and
acknowledges that the Court must consider the sentencing range calculated under the
United States Sentencing Guidelines and possible departures under the Sentencing
Guidelines together with the other factors set forth in Title 18, United States Code,
Section 3553(a), including: (1) the nature and circumstances of the offense(s); (2) the
history and characteristics of Defendant; (3) the need for the sentence to reflect the
seriousness of the offense(s), to promote respect for the law, and to provide just
punishment for the offense(s); (4) the need for the sentence to afford adequate deterrence
to criminal conduct; (5) the need for the sentence to protect the public from further
crimes of Defendant; (6) the need to provide Defendant with educational and vocational
training, medical care, or other correctional treatment in the most effective manner; (7)
the kinds of sentences available; (8) the need to provide restitution to victims; and (9) the
need to avoid unwarranted sentence disparity among defendants involved in similar
conduct who have similar records. Accordingly, Defendant understands and
acknowledges that:

a. The Court will determine Defendant’s Sentencing Guidelines range
at the time of sentencing;

b. After consideration of the Sentencing Guidelines and the factors in
18 U.S.C. 3553(a), the Court may impose any sentence authorized by law, up to the
maximum term authorized by law;

C. The Court is not bound by any recommendation regarding the
sentence to be imposed, or by any calculation or estimation of the Sentencing Guidelines
range offered by the parties or the United States Probation Department, or by any
stipulations or agreements between the parties in this Plea Agreement; and

d. Defendant may not withdraw a guilty plea solely because of the

sentence imposed by the Court.

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 5 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
(206) 553-7970
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7, ‘Ultimate Sentence. Defendant acknowledges that no one has promised or
guaranteed what sentence the Court will impose.

8. Statement of Facts. Defendant admits Defendant is guilty of the charged
offenses. The parties agree on the following facts, and further agree that all of these facts
constitute relevant conduct under the United States Sentencing Guidelines:

a. Background: Defendant Abidemi Rufai is a Nigerian national.

Rufai was the operator of various email accounts, including an account with the address
“sandytangy58@gmail.com.”

b. Rufai obtained the personal identifying information (PII), to include
names, dates of birth, and Social Security numbers, of more than 20,000 unwitting
Americans. Rufai obtained this stolen PII through unlawful means, including by
misusing the Internal Revenue Service’s Data Retrieval Tool, which is intended to be
used by persons completing the Free Application for Student Financial Aid (FAFSA).

C. As discussed below, Rufai used this stolen PII to fraudulently obtain
federally-funded benefits under a variety of relief programs, and by submitting fraudulent
claims for tax refunds, in the names of the Americans. In all, Rufai participated in the
submission of fraudulent claims seeking in excess of $2 million in federally-funded
payments.

d. Rufai’s Fraudulent Pandemic Unemployment Assistance Claims:
On March 27, 2020, the United States enacted into law the Coronavirus Aid, Relief, and
Economic Security (CARES) Act. The CARES Act authorized approximately $2 trillion
in aid to American workers, families, and businesses to mitigate the economic
consequences of the COVID-19 pandemic. The CARES Act funded, and authorized each
state to administer, new unemployment benefits. CARES Act unemployment benefits are
funded by the United States government through the Department of Labor and
administered at the state level by state agencies known as state workforce agencies

(SWAs). The Washington Employment Security Department (ESD) is the SWA for the

State of Washington.
United States v. Rufai, CR21-5186BHS 700 Stew ne en
TEWART STREET, SUITE
Plea Agreement - 6 SEATTLE, WASHINGTON 98101

(206) 553-7970
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e. CARES Act unemployment benefits were authorized, transferred,
disbursed and paid in connection with a nationwide emergency declared by Presidential
Proclamation 9994 (effective as of March 1, 2020) and a Presidential declaration of a
major disaster for the State of Washington concerning the COVID-19 pandemic that was
issued on March 22, 2020.

f. Applicants were permitted to apply for CARES Act benefits online
by visiting the web portals of the SWAs for their respective states. In Washington,
applicants applied for benefits using ESD’s Unemployment Tax and Benefit (UTAB)
system and Washington’s SecureAccess Washington (SAW) web identity validation
system. The UTAB and SAW websites are both hosted at the State Data Center in
Olympia, Washington. When a person located outside of Washington applied for ESD-
administered benefits, the application process caused a series of interstate wire
transmissions originating and terminating in Olympia.

g. Between about April 27, 2020 and October 3, 2020, Rufai accessed
ESD’s UTAB and SAW websites, as well as the websites of numerous other SWAs.
Rufai then submitted more than 135 claims for CARES Act benefits using the stolen PII
of at least 135 American workers. Rufai used the sandytangy58@gmail.com account and
other email accounts to activate the claims. To prevent the SWAs from recognizing that
a single email account was being used to submit multiple claims, Rufai inserted periods
at various places in the email addresses.

h. As one example of this conduct, on April 27, 2020, Rufai activated a
claim using the email address san.dy.t.a.n.g.y.58@gmail.com, which caused the state of
Washington to send an email via interstate wire transfer from Olympia, Washington to a
Google server outside of the state of Washington. Similarly, on May 2, 2020, Rufai,
without lawful authority, submitted a fraudulent claim using the PII, to include name
Social Security number and date of birth, of a person with the initials S.C., a Washington

resident whom Rufai knew to be a real person.

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220

Plea Agreement - 7 SEATTLE, WASHINGTON 98101
(206) 553-7970
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i. When filing the fraudulent claims, Rufai sometimes requested that
the funds be paid out to accounts under his control (typically Green Dot Bank accounts),
or under the control of persons known as “money mules,” who were duped into mailing
the money to Rufai. In other cases, the benefits were loaded onto debit cards, which
Rufai then used to withdraw the funds. The parties agree that SWAs paid out in excess of
$350,000 as a result of these fraudulent submissions. Defendant understands the
government intends to present evidence at sentencing that the value of the claims paid by
SWAs was at least approximately $500,000.

j Fraudulent Tax Refund Claims: Rufai also used American
taxpayers’ stolen PII to submit fraudulent claims for refunds from the Internal Revenue
Service without the taxpayers’ knowledge. Between 2017 and 2020, Rufai, using the
sandytangy58@gmail.com account, submitted claims seeking over 675 refunds totaling
over $1.7 million. The IRS paid out $90,877 based on these fraudulent claims.

k. Rufai’s Fraudulent Economic Injury Disaster Loan Applications:
The CARES Act also authorized the Small Business Administration to provide forgivable
loans known as Economic Injury Disaster Loans (EIDLs) of up to $2 million to eligible
small businesses experiencing substantial financial disruption due to the COVID-19
pandemic. Qualifying businesses applying for an EIDL must submit an application to the
SBA and provide information about its operations, such as the number of employees,
gross revenues for the 12-month period preceding the disaster, and cost of goods sold in
the 12-month period preceding the disaster. The applicant must also certify that all of the
information in the application is true and correct to the best of the applicant’s knowledge.

1. Between about April 8, 2020 and June 26, 2020, Rufai submitted at
least 19 fraudulent EIDL applications. The SBA paid out a total of $10,000 based on
these applications.

m. Rufai’s Fraudulent FEMA Disaster Claims: The Federal
Emergency Management Agency (FEMA) is an agency of the Department of Homeland
Security. FEMA administers the Individuals and Households Program (IHP), which

United States vy. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220

Plea Agreement - 8 SEATTLE, WASHINGTON 98101
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provides financial and direct assistance payments to individuals and households who live
in counties impacted by a presidentially-declared major disaster. The assistance covers
uninsured or underinsured necessary expenses and serious needs such as short-term
lodging or rental assistance. On August 25, 2017, a Presidential Emergency Declaration
was issued with respect to Hurricane Harvey. On September 10, 2017, a Presidential
Emergency Declaration was issued with respect to Hurricane Irma.

n. Between about September 19, 2017 and October 5, 2017, Rufai
submitted fraudulent disaster relief claims to FEMA using the stolen PII of 49
Americans. The claims sought hurricane relief benefits based on claims that the
applicants were victims of Hurricane Harvey or Hurricane Irma. Thirteen of these
claims, totaling $6,500, were paid.

0. Through the foregoing conduct, Rufai, with intent to defraud,
knowingly devised and participated in a scheme to obtain money and property by means
of materially false or fraudulent pretenses and representations, and used interstate wire
communication to carry out the scheme. During and in relation to this scheme, Rufai
knowingly possessed and used, without legal authority, means of identification of persons
whom Rufai knew to be real people.

The parties agree that the Court may consider additional facts contained in the
Presentence Report (subject to standard objections by the parties) and/or that may be
presented by the United States or Defendant at the time of sentencing, and that the factual
statement contained herein is not intended to limit the facts that the parties may present to
the Court at the time of sentencing. Defendant specifically understands that the
government may present evidence at sentencing that the actual and intended losses
associated with defendant’s conduct are greater than the amounts set out above.

9. Sentencing Factors. The parties agree that the following Sentencing
Guidelines provisions apply to this case:

The following provisions apply to defendant’s conviction on Count 2:

a. A base offense level of 7, pursuant to USSG § 2B1.1(a)(1);

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 9 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
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b. An increase of 16 points because the intended loss from the offense
exceeded $1,500,000 but was less than $3,500,000, pursuant to USSG § 2B1.1(b)(1)(D;

c. An increase of two points because the offense involved 10 or more
victims, pursuant to USSG § 2B1.1(b)(2)(A); and

d. An increase of two points because the offense involved sophisticated
means and a substantial part of the offense was committed from outside the United
States, pursuant to USSG § 2B1.1(b)(10)

e. An increase of two points because the offense involved benefits
authorized under a presidentially-declared major disaster or emergency, pursuant to
USSG § 2B1.1(b)(12).

The guideline sentence for defendant’s conviction on Count 11 is a period of
imprisonment of 24 months, pursuant to USSG § 2B1.6 and 18 U.S.C. § 1028A.

The parties agree they are free to present arguments regarding the applicability of
all other provisions of the United States Sentencing Guidelines. Defendant understands,
however, that at the time of sentencing, the Court is free to reject these stipulated
adjustments, and is further free to apply additional downward or upward adjustments in
determining Defendant’s Sentencing Guidelines range.

10. Acceptance of Responsibility. At sentencing, ifthe Court concludes
Defendant qualifies for a downward adjustment for acceptance of responsibility pursuant
to USSG § 3E1.1(a) and Defendant’s offense level is 16 or greater, the United States will
make the motion necessary to permit the Court to decrease the total offense level by three
(3) levels pursuant to USSG §§ 3E1.1(a) and (b), because Defendant has assisted the
United States by timely notifying the United States of Defendant’s intention to plead
guilty, thereby permitting the United States to avoid preparing for trial and permitting the
Court to allocate its resources efficiently.

11. Recommendation Regarding Imprisonment. Pursuant to Federal Rule of
Criminal Procedure 11(c)(1)(B), the government agrees to recommend that the

appropriate term of imprisonment to be imposed by the Court at the time of sentencing is

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 10 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 11 of 16

aterm of no more than 71 months. Defendant understands that this is a below-guidelines
sentencing recommendation, and that the government is making this recommendation
because the actual loss is substantially less than the intended loss reflected in the
sentencing guidelines. Defendant is free to recommend any sentence. Defendant
understands that these recommendations are not binding on the Court, and the Court may
reject the recommendation of the government and may impose any term of imprisonment
up to the statutory maximum penalty authorized by law. Defendant further understands
that Defendant cannot withdraw a guilty plea simply because of the sentence imposed by
the Court. Except as otherwise provided in this Plea Agreement, the parties are free to
present arguments regarding any other aspect of sentencing.

12. Restitution. Defendant shall make restitution in the amount of the actual
loss resulting from all of the conduct described in Paragraph 8 of this Plea Agreement,
with credit for any amounts already paid.

a. The full amount of restitution shall be due and payable immediately
on entry of judgment and shall be paid as quickly as possible. If the Court finds that the
defendant is unable to make immediate restitution in full and sets a payment schedule as
contemplated in 18 U.S.C. § 3664(f), Defendant agrees that the Court’s schedule
represents a minimum payment obligation and does not preclude the U.S. Attorney’s
Office from pursuing any other means by which to satisfy the defendant’s full and
immediately-enforceable financial obligation, including, but not limited to, by pursuing
assets that come to light only after the district court finds that the defendant is unable to
make immediate restitution.

b. Defendant agrees to disclose all assets in which Defendant has any
interest or over which Defendant exercises control, directly or indirectly, including those
held by a spouse, nominee, or third party. Defendant agrees to cooperate fully with the
United States’ investigation identifying all property in which Defendant has an interest
and with the United States’ lawful efforts to enforce prompt payment of the financial

obligations to be imposed in connection with this prosecution. Defendant’s cooperation

United States v. Rufai, CR21-5186BHS Jone sas een
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obligations are: (1) before sentencing, and no more than 30 days after executing this Plea
Agreement, truthfully and completely executing a Financial Disclosure Statement
provided by the United States Attorney’s Office and signed under penalty of perjury
regarding Defendant’s and Defendant’s spouse’s financial circumstances and producing
supporting documentation, including tax returns, as requested; (2) providing updates
with any material changes in circumstances, as described in 18 U.S.C. § 3664(k), within
seven days of the event giving rise to the changed circumstances; (3) authorizing the
United States Attorney’s Office to obtain Defendant’s credit report before sentencing; (4)
providing waivers, consents or releases requested by the U.S. Attorney’s Office to access
records to verify the financial information; (5) authorizing the U.S. Attorney’s Office to
inspect and copy all financial documents and information held by the U.S. Probation
Office; (6) submitting to an interview regarding Defendant’s Financial Statement and
supporting documents before sentencing (if requested by the United States Attorney’s
Office), and fully and truthfully answering questions during such interview; and (7)
notifying the United States Attorney’s Office before transferring any interest in property
owned directly or indirectly by Defendant, including any interest held or owned in any
other name, including all forms of business entities and trusts.

c. The parties acknowledge that voluntary payment of restitution prior
to the adjudication of guilt is a factor the Court considers in determining whether
Defendant qualifies for acceptance of responsibility pursuant to USSG § 3E1.1(a).

13. Forfeiture of Assets. Defendant agrees to forfeit to the United States
immediately Defendant’s right, title, and interest in any and all property, real or personal,
that was. in any and all property, real or personal, that constitutes or is derived from
proceeds traceable to the offense of wire fraud, as charged in Count 2 of the Indictment.
All such property is forfeitable pursuant to Title 18, United States Code, Section
981(a)(1)(C) and Title 28, United States Code, Section 2461(c), and includes but is not

limited to a sum of money in the amount of the proceeds Defendant obtained as a result

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 12 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
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of the offense, as agreed by the parties or established by the government at the time of
sentencing.

14. Abandonment of Contraband. Defendant also agrees that, if any federal
law enforcement agency seized any illegal contraband that was in Defendant’s direct or
indirect control, Defendant consents to the federal administrative disposition, official use,
and/or destruction of that contraband.

15. Non-Prosecution of Additional Offenses. As part of this Plea Agreement,
the United States Attorney’s Office for the Western District of Washington agrees not to
prosecute Defendant for any additional offenses known to it as of the time of this Plea
Agreement based upon evidence in its possession at this time, and that arise out of the
conduct giving rise to this investigation, and will move to dismiss the remaining counts in
the Indictment at the time of sentencing. In this regard, Defendant recognizes the United
States has agreed not to prosecute all of the criminal charges the evidence establishes
were committed by Defendant solely because of the promises made by Defendant in this
Plea Agreement. Defendant agrees, however, that for purposes of preparing the
Presentence Report, the United States Attorney’s Office will provide the United States
Probation Office with evidence of all conduct committed by Defendant.

Defendant agrees that any charges to be dismissed before or at the time of
sentencing were substantially justified in light of the evidence available to the United
States, were not vexatious, frivolous or taken in bad faith, and do not provide Defendant
with a basis for any future claims under the “Hyde Amendment,” Pub. L. No. 105-119
(1997).

16. Breach, Waiver, and Post-Plea Conduct. Defendant agrees that, if
Defendant breaches this Plea Agreement, the United States may withdraw from this Plea
Agreement and Defendant may be prosecuted for all offenses for which the United States
has evidence. Defendant agrees not to oppose any steps taken by the United States to
nullify this Plea Agreement, including the filing of a motion to withdraw from the Plea

Agreement. Defendant also agrees that, if Defendant is in breach of this Plea Agreement,

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 13 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 14 of 16

Defendant has waived any objection to the re-institution of any charges that previously
were dismissed or any additional charges that had not been prosecuted.

Defendant further understands that if, after the date of this Plea Agreement,
Defendant should engage in illegal conduct, or conduct that violates any conditions of
release or the conditions of confinement (examples of which include, but are not limited
to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while
pending sentencing, and false statements to law enforcement agents, the Pretrial Services
Officer, Probation Officer, or Court), the United States is free under this Plea Agreement
to file additional charges against Defendant or to seek a sentence that takes such conduct
into consideration by requesting the Court to apply additional adjustments or
enhancements in its Sentencing Guidelines calculations in order to increase the applicable
advisory Guidelines range, and/or by seeking an upward departure or variance from the
calculated advisory Guidelines range. Under these circumstances, the United States is
free to seek such adjustments, enhancements, departures, and/or variances even if
otherwise precluded by the terms of the Plea Agreement.

17. Waiver of Appellate Rights and Rights to Collateral Attacks.
Defendant acknowledges that, by entering the guilty plea(s) required by this Plea
Agreement, Defendant waives all rights to appeal from Defendant’s conviction, and any
pretrial rulings of the Court, and any rulings of the Court made prior to entry of the
judgment of conviction. Defendant further agrees that, provided the Court imposes a
custodial sentence that is within or below the Sentencing Guidelines range (or the
statutory mandatory minimum, if greater than the Guidelines range) as determined by the
Court at the time of sentencing, Defendant waives to the full extent of the law:

a. Any right conferred by Title 18, United States Code, Section 3742,
to challenge, on direct appeal, the sentence imposed by the Court, including any fine,
restitution order, probation or supervised release conditions, or forfeiture order (if

applicable); and

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 14 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
(206) 553-7970
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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 15 of 16

b. Any right to bring a collateral attack against the conviction and
sentence, including any restitution order imposed, except as it may relate to the
effectiveness of legal representation.

This waiver does not preclude Defendant from bringing an appropriate motion
pursuant to 28 U.S.C. § 2241, to address the conditions of Defendant’s confinement or
the decisions of the Bureau of Prisons regarding the execution of Defendant’s sentence.

If Defendant breaches this Plea Agreement at any time by appealing or collaterally
attacking (except as to effectiveness of legal representation) the conviction or sentence in
any way, the United States may prosecute Defendant for any counts, including those with
mandatory minimum sentences, that were dismissed or not charged pursuant to this Plea
Agreement.

18.  Voluntariness of Plea. Defendant agrees that Defendant has entered into
this Plea Agreement freely and voluntarily, and that no threats or promises were made to
induce Defendant to enter a plea of guilty other than the promises contained in this Plea
Agreement or set forth on the record at the change of plea hearing in this matter.

19. Statute of Limitations. In the event this Plea Agreement is not accepted
by the Court for any reason, or Defendant breaches any of the terms of this Plea
Agreement, the statute of limitations shall be deemed to have been tolled from the date of
the Plea Agreement to: (1) thirty (30) days following the date of non-acceptance of the
Plea Agreement by the Court; or (2) thirty (30) days following the date on which a breach
of the Plea Agreement by Defendant is discovered by the United States Attorney’s
Office.

20. Completeness of Plea Agreement. The United States and Defendant
acknowledge that these terms constitute the entire Plea Agreement between the parties,
except as may be set forth on the record at the change of plea hearing in this matter. This
Plea Agreement binds only the United States Attorney’s Office for the Western District
of Washington. It does not bind any other United States Attorney’s Office or any other

office or agency of the United States, or any state or local prosecutor.

United States v. Rufai, CR21-5186BHS UNITED STATES ATTORNEY
Plea Agreement - 15 700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101
(206) 553-7970
Oo Oo IN DH NH FF WW LH

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Case 3:21-cr-05186-BHS Document 42 Filed 05/03/22 Page 16 of 16

Dated: May 3, 2022.

United States v. Rufai, CR21-5186BHS
Plea Agreement - 16

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ABIDEMURUFAI
Defendant

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SETH WILKINSON
Assistant United States Attorney

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CINDY CI
Assistant U. States Attorn

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

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