Plea Agreement as to Joel Wright — USA v. Sanders et al. (Dkt. 136)

Record facts

U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 136 · 2024-08-22 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No. 24-00029-02-CR-W-BP
JOEL WRIGHT,
Defendant.
PLEA AGREEMENT

Pursuant to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure, the parties
described below have entered into the following plea agreement:

1, The Parties. The parties to this agreement are the United States Attorney’s Office
for the Western District of Missouri (otherwise referred to as “the Government” or “the United
States”), represented by Teresa A. Moore, United States Attorney, and Paul S. Becker, Assistant
United States Attorney, and the defendant Joel Wright, (“the defendant”), represented by
Jeffery Gedbaw.

The defendant understands and agrees that this plea agreement is only between him and
the United States Attorney for the Western District of Missouri, and that it does not bind any other
federal, state, or local prosecution authority or any other government agency, unless otherwise
specified in this agreement.

2. Defendant’s Guilty Plea, The defendant agrees to plead guilty to Count 1 of the

Indictment charging him with a violation of 18 U.S.C. § 1349, that is, conspiracy to commit wire

fraud. By entering into this plea agreement, the defendant admits that he knowingly committed

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this offense and is in fact guilty of this offense. The defendant agrees to pay restitution in the
amount of $30,832.50.

3. Factual Basis for Guilty Plea. The parties agree that the facts constituting the

offense to which he is pleading guilty are as follows:

Beginning on or about February 2021, and continuing through at least July 2022, in the
Western District of Missouri, and elsewhere, the defendant Joel Wright and Daisha Sanders, did
knowingly combine, conspire, confederate, and agree with each other and with persons known and
unknown to the Grand Jury, to devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and fraudulent pretenses, representations,
and promises, and by omission of material facts, well knowing and having reason to know that
said pretenses were and would be false and fraudulent when made and caused to made and that
said omissions were and would be material, and in furtherance thereof transmitted and caused to
be transmitted interstate wire communications, contrary to Title 18, United States Code,
Section 1343.

Prior to February 7, 2021, the defendant provided personal identification information to
Daisha Sanders. Thereafter, on or about February 7, 2021, Daisha Sanders submitted an online
application for a COVID-19 relief PPP loan. The defendant’s loan application was received by
Itria Ventures.

The defendant’s loan application listed average monthly payroll of $8,333 anda
Schedule C which listed Gross receipts of $144,080 and net income as $99,982.
Mr. Wright did not have a business during that time with gross income and net income in

those amounts.

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The defendant’s loan application provided the following as the bank account
associated his business: Navy Federal Credit Union (NFCU), The bank account was a personal
checking account held by the defendant.

On or about March 9, 2021, the defendant’s personal account at NFCU received a
wire deposit from Itria Ventures in the amount of $20,832.50. On March 9, 2021, Joel Wright
transferred $2,100 to Daisha Sanders’ NFCU account. The defendant spent the remaining loan
proceeds on personal expenses, not associated with any business.

Joel Wright paid Daisha Sanders two payments, $2,100 and $3,300 on 3/9/21 and
3/16/21, respectively. In addition to the money Wright received from his loan, he was
paid $5,000 from Jeffery Chillis I] via Cash App on 4/13/21 and then immediately sent
$1,000 to Daisha Sanders. On 5/16/21, he received $5,000 from Jordan Nichols via

PayPal.

4, Use_of Factual Admissions and Relevant Conduct. The defendant
acknowledges, understands and agrees that the admissions contained in Paragraph 3 and other
portions of this plea agreement will be used for the purpose of determining his guilt and advisory
sentencing range under the United States Sentencing Guidelines (“U.S.S.G.”), including the
calculation of the defendant’s offense level in accordance with U.S.S.G. § 1B1.3(a)(2).

5. Statutory Penalties. The defendant understands that upon his plea of guilty to

conspiracy to commit wire fraud, Count One of the Indictment, the maximum penalty the Court may
impose is not more than twenty (20) years of imprisonment, a $250,000 fine, three (3) years of
supervised release, and a$100 mandatory special assessment which must be paid in full at the time

of sentencing,

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6. Sentencing Procedures. The defendant acknowledges, understands, and agrees

to the following:

a. in determining the appropriate sentence, the Court will consult and
consider the United States Sentencing Guidelines promulgated by the United States
Sentencing Commission; these Guidelines, however, are advisory in nature, and the
Court may impose a sentence either less than or greater than the defendant’s
applicable Guidelines range, unless the sentence imposed is “unreasonable”;

b. the Court will determine the defendant’s applicable Sentencing
Guidelines range at the time of sentencing;

c. in addition to a sentence of imprisonment, the Court may impose
aterm of supervised release of up to three years; that the Court must impose a
period of supervised release if a sentence of imprisonment of more than one year
is imposed;

d. if the defendant violates a condition of his supervised release,
the Court may revoke his supervised release and impose an additional period
of imprisonment of up to two years without credit for time previously spent on
supervised release. In addition to a new term of imprisonment, the Court also may
impose a new period of supervised release, the length of which cannot exceed one
year, less the term of imprisonment imposed upon revocation of the defendant’s
first supervised release;

€. the Court may impose any sentence authorized by law, including a
sentence that is outside of, or departs from, the applicable Sentencing Guidelines
range;

f. any sentence of imprisonment imposed by the Court will not allow for
parole; and

g. the defendant may not withdraw his guilty plea solely because of the
nature or length of the sentence imposed by the Court.

7.

Goyernment’s Agreements, Based upon evidence in its possession at this time, the

United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement,

agrees not to bring any additional charges against defendant for any federal criminal offenses

related to the submission of a false PPP loan application listed above for which it has venue, and

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which arose out of the defendant’s conduct described above. The government also agrees, at the
time of sentencing to move to dismiss Count Three of the indictment.

The defendant understands that this plea agreement does not foreclose any prosecution for
an act of murder or attempted murder, an act or attempted act of physical or sexual violence against
the person of another, or a conspiracy to commit any such acts of violence or any criminal activity
of which the United States Attorney for the Western District of Missouri has no knowledge.

The defendant recognizes that the United States’ agreement to forego prosecution of all the
criminal offenses with which the defendant might be charged is based solely on the promises made
by the defendant in this agreement. If the defendant breaches this plea agreement, the United States
retains the right to proceed with the original charges and any other criminal violations established
by the evidence, The defendant expressly waives his right to challenge the initiation of the
dismissed or additional charges against him if he breaches this agreement. The defendant expressly
waives his right to assert a statute of limitations defense if the dismissed or additional charges are
initiated against him following a breach of this agreement. The defendant further understands and
agrees that if the Government elects to file additional charges against him following a breach of
this plea agreement, he will not be allowed to withdraw his guilty plea.

8. Preparation of Presentence Report. The defendant understands the United
States will provide to the Court and the United States Probation Office a government version of
the offense conduct. This may include information concerning the background, character,
and conduct of the defendant, including the entirety of his criminal activities. The defendant
understands these disclosures are not limited to the counts to which he has pleaded

guilty. The United States may respond to comments made or positions taken by the defendant

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orthe defendant’s counsel and to correct any misstatements or inaccuracies. The United
States further reserves its right to make any recommendations it deems appropriate regarding the
disposition of this case, subject only to any limitations set forth in this plea agreement. The United
States and the defendant expressly reserve the right to speak to the Court at the time of sentencing

pursuant to Rule 32(i)(4) of the Federal Rules of Criminal Procedure.

9, Withdrawal of Plea. Either party reserves the right to withdraw from this
plea agreement for any or no reason at any time prior to the entry of the defendant’s plea of guilty
and its formal acceptance by the Court, In the event of such withdrawal, the parties will be restored
to their pre-plea agreement positions to the fullest extent possible, However, after the plea has been
formally accepted by the Court, the defendant may withdraw his plea of guilty only ifthe
Court rejects the plea agreement or if the defendant can show a fair and just reason for requesting
the withdrawal. The defendant understands that if the Court accepts his plea of guilty and this
plea agreement but subsequently imposes a sentence that is outside the defendant’s applicable
Sentencing Guidelines range or imposes a sentence that the defendant does not expect, like or
agree with, he will not be permitted to withdraw his plea of guilty.

10. Agreed Guidelines Applications. With respect to the application of the

Sentencing Guidelines to this case, the parties stipulate and agree as follows:

a. The Sentencing Guidelines do not bind the Court and are advisory
in nature. The Court may impose a sentence that is either above or below the
defendant’s applicable Guidelines range, provided the sentence imposed is not
“unreasonable”;

b, The applicable Guidelines section for the offense of conviction
is U.S.S.G. §§ 2B1.1(a)(1) & (b)G)(C), which provides for a base offense level of 7
and a 4-level increase for a loss more than $15,000 and less than $40,000; !

' The defendant may also qualify for a two level decrease in the offense level as an
“Adjustment for Certain Zero-Point Offenders”, U.S.S.G. § 4C1.1, effective November 1, 2023.
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C. The defendant has admitted his guilt and clearly accepted
responsibility for his actions and has assisted authorities 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 Government to avoid preparing for
trial and permitting the Government and the Court to allocate their resources
efficiently. Therefore, he is entitled to a two-level reduction pursuant to § 3E1.1(a)
of the Sentencing Guidelines. The Government, at the time of sentencing, will file
a written motion with the Court to that effect, unless the defendant (1) fails to abide
by all of the terms and conditions of this plea agreement and his pretrial release; or
(2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in
conduct inconsistent with his acceptance of responsibility;

d, The parties agree that the Court will determine the applicable
criminal history category after receipt of the presentence investigation report
prepared by the United States Probation Office;

e. The defendant understands that the estimate of the parties with
respect to the Guidelines computation set forth in the subsections of this paragraph
does not bind the Court or the United States Probation Office with respect to the
appropriate Guidelines levels. Additionally, the failure of the Court to accept these
stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the
defendant with a basis to withdraw his plea of guilty;

f. The United States agrees not to seek an upward departure from the
Guidelines or a sentence outside the Guidelines range, and defendant may seek a
downward departure from the Guidelines or a sentence outside the Guidelines
range. The agreement by the government to not seek a departure from the
Guidelines is not binding upon the Court or the United States Probation Office and
the Court may impose any sentence authorized by law, including any sentence
outside the applicable Guidelines range that is not “unreasonable”;

g. The defendant consents to judicial fact-finding by a preponderance
of the evidence for all issues pertaining to the determination of the defendant’s
sentence, including the determination of any mandatory minimum sentence
(including the facts that support any specific offense characteristic or other
enhancement or adjustment), and any legally authorized increase above the normal
statutory maximum. The defendant waives any right to a jury determination beyond
a reasonable doubt of all facts used to determine and enhance the sentence imposed
and waives any right to have those facts alleged in the indictment. The defendant |
also agrees that the Court, in finding the facts relevant to the imposition of sentence, 2
may consider any reliable information, including hearsay;

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h, The defendant understands and agrees that the factual admissions
contained in Paragraph 3 of this plea agreement, and any admissions that he will
make during his plea colloquy, support the imposition of the agreed-upon
Guidelines calculations contained in this agreement.

11. Effect of Non-Agreement on Guidelines Applications. 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 in Paragraph 10, and its
subsections, As to any other Guidelines issues, the parties are free to advocate their respective
positions at the sentencing hearing.

12. Change in Guidelines Prior to Sentencing. The defendant agrees that if any
applicable provision of the Guidelines changes after the execution of this plea agreement, then any
request by defendant to be sentenced pursuant to the new Guidelines will make this plea agreement
voidable by the United States at its option. If the Government exercises its option to void the plea
agreement, the United States may charge, reinstate, or otherwise pursue any and all criminal
charges that could have been brought but for this plea agreement.

13. Government’s Reservation of Rights. The defendant understands that the United

States expressly reserves the right in this case to:

a. oppose or take issue with any position advanced by defendant at the
sentencing hearing which might be inconsistent with the provisions of this plea
agreement;

b. comment on the evidence supporting the charges in the indictment;

C. oppose any arguments and requests for relief the defendant might

advance on an appeal from the sentences imposed and that the United States
remains free on appeal or collateral proceedings to defend the legality and propriety
of the sentence actually imposed, even if the Court chooses not to follow any
recommendation made by the United States; and

d. oppose any post-conviction motions for reduction of sentence, or
other relief.

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14. Waiver of Constitutional Rights. The defendant, by pleading guilty,

acknowledges that he has been advised of, understands, and 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 be presumed innocent until his guilt has been established
beyond a reasonable doubt at trial;

C. the right to a jury trial, and at that trial, the right to the effective
assistance of counsel;

d, the right to confront and cross-examine the witnesses who testify
against him;

e. the right to compel or subpoena witnesses to appear on his
behalf; and

f. the right to remain silent at trial, in which case his silence may not

be used against him.

The defendant understands that by pleading guilty, he waives or gives up those rights and
that there will be no trial. The defendant further understands that if he pleads guilty, the Court
may ask questions about the offense or offenses to which he pleaded guilty, and if the defendant
answers those questions under oath and in the presence of counsel, the answers may later be used
against him in a prosecution for perjury or making a false statement. The defendant also
understands he has pleaded guilty to a felony offense and, as a result, will lose the right to possess
a firearm or ammunition and might be deprived of other rights, such as the right to vote or register

to vote, hold public office, or serve on a jury.

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15, Waiver of Appellate and Post-Conviction Rights.

a. The defendant acknowledges, understands and agrees that by
pleading guilty pursuant to this plea agreement he waives the right to appeal
or collaterally attack a finding of guilt following the acceptance of this plea
agreement, except on grounds of (1) ineffective assistance of counsel; or
(2) prosecutorial misconduct.

b, The defendant expressly waives his right to appeal the sentence,
directly or collaterally, on any ground except claims of (1) ineffective assistance of
counsel; (2) prosecutorial misconduct; or (3) an illegal sentence. An “illegal
sentence” includes a sentence imposed in excess of the statutory maximum, but
does not include less serious sentencing errors, such as a misapplication of the
Sentencing Guidelines, an abuse of discretion, or the imposition of an unreasonable
sentence, However, if the United States exercises its right to appeal the sentence
imposed as authorized by 18 U.S.C. § 3742(b), the defendant is released from this
waiver and may, as part of the Government’s appeal, cross-appeal the sentence as
authorized by 18 U.S.C. § 3742(a) with respect to any issues that have not been
stipulated to or agreed upon in this agreement.

16. Financial Obligations. By entering into this plea agreement, the defendant

represents that he understands and agrees to the following financial obligations:

a. Defendant agrees that restitution is due and payable immediately
after the judgment is entered and is subject to immediate enforcement, in full, by
the United States. If the Court imposes a schedule of payments, Defendant agrees
that the schedule of payments is a schedule of the minimum payment due, and that
the payment schedule does not prohibit or limit the methods by which the
United States may immediately enforce the judgment in full.

b. The defendant will fully and truthfully disclose all assets and
property in which he has any interest, or over which the defendant exercises control
directly or indirectly, including assets and property held by a spouse, nominee, or )
other third party. The defendant’s disclosure obligations are ongoing and are in |
force from the execution of this agreement until the defendant has satisfied the |
restitution order in full.

c. Within 10 days of the execution of this plea agreement, at
the request of the USAO, the defendant agrees to execute and submit (1) a Tax |
Information Authorization form; (2) an Authorization to Release Information; (3) a |

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completed financial disclosure statement; and (4) copies of financial information
that the defendant submits to the U.S. Probation Office. The defendant
understands that compliance with these requests will be taken into account when
the United States makes a recommendation to the Court regarding the defendant’s
acceptance of responsibility.

d. The defendant hereby authorizes the USAO to obtain a credit report
pertaining to him to assist the USAO in evaluating the defendant’s ability to satisfy
any financial obligations imposed as part of the sentence.

e. The defendant understands that a Special Assessment will be
imposed as part of the sentence in this case. The defendant promises to pay the
Special Assessment of $100 by submitting a satisfactory form of payment to the
Clerk of the Court prior to appearing for the sentencing proceeding in this case. The
defendant agrees to provide the Clerk’s receipt as evidence of his fulfillment of this
obligation at the time of sentencing.

f. The defendant certifies that he has made no transfer of assets or
property for the purpose of (1) evading financial obligations created by this
Agreement; (2) evading obligations that may be imposed by the Court; nor
(3) hindering efforts of the USAO to enforce such financial obligations.
Moreover, the defendant promises that he will make no such transfers in the
future.

g. In the event the United States learns of any misrepresentation in the
financial disclosure statement, or of any asset in which the defendant had an interest
at the time of this plea agreement that is not disclosed in the financial disclosure
statement, and in the event such misrepresentation or nondisclosure changes the
estimated net worth of the defendant by $10,000 or more, the United States may at
its option: (1) choose to be relieved of its obligations under this plea agreement; or
(2) let the plea agreement stand, collect the full forfeiture, restitution, and
fines imposed by any criminal or civil judgment, and also collect 100% of the
value of any previously undisclosed assets. The defendant agrees not to contest any
collection of such assets. In the event the United States opts to be relieved of its
obligations under this plea agreement, the defendant’s previously entered pleas of
guilty shall remain in effect and cannot be withdrawn.

17. Waiver of FOIA Request. The defendant waives all of his rights, whether asserted

directly or by a representative, to request or receive, or to authorize any third party to request

or receive, from any department or agency of the United States any records pertaining to the

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investigation or prosecution of this case including, without limitation, any records that may be
sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C.
§ 552a,

18. Waiver of Claim for Attorney’s Fees. The defendant waives all of his claims

under the Hyde Amendment, 18 U.S.C. § 3006A, for attorney’s fees and other litigation expenses
arising out of the investigation or prosecution of this matter.

19. Defendant’s Breach of Plea Agreement. If the defendant commits any crimes,

violates any conditions of release or violates any term of this plea agreement between the signing
of this plea agreement and the date of sentencing, or fails to appear for sentencing, or if the
defendant provides information to the Probation Office or the Court that is intentionally
misleading, incomplete, or untruthful, or otherwise breaches this plea agreement, the United States
will be released from its obligations under this agreement. The defendant, however, will remain
bound by the terms of the agreement, and will not be allowed to withdraw his plea of guilty.

The defendant also understands and agrees that in the event he violates this plea agreement,
all statements made by him to law enforcement agents subsequent to the execution of this plea
agreement, any testimony given by him before a grand jury or any tribunal or any leads from such
statements or testimony shall be admissible against him in any and all criminal proceedings,
The defendant waives any rights that he might assert under the United States Constitution,
any statute, Rule 11(f) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of
Evidence, or any other federal rule that pertains to the admissibility of any statements made by him

subsequent to this plea agreement.

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20.  Defendant’s Representations. The defendant acknowledges that he has entered
into this plea agreement freely and voluntarily after receiving the effective assistance, advice and
approval of counsel. The defendant acknowledges that he is satisfied with the assistance
of counsel, and that counsel has fully advised him of his rights and obligations in connection with
this plea agreement. The defendant further acknowledges that no threats or promises, other than
the promises contained in this plea agreement, have been made by the United States, the Court, his
attorneys or any other party to induce him to enter the plea of guilty.

21. NoUndisclosed Terms. The United States and defendant acknowledge and agree

that the above-stated terms and conditions, together with any written supplemental agreement that
might be presented to the Court in camera, constitute the entire plea agreement between the parties,
and that any other terms and conditions not expressly set forth in this agreement or any written
supplemental agreement do not constitute any part of the parties’ agreement and will not be
enforceable against either party.

22, Standard of Interpretation. The parties agree that, unless the constitutional

implications inherent in plea agreements require otherwise, this plea agreement should
be interpreted according to general contract principles and the words employed are

to be given their normal and ordinary meanings. The parties further agree that, in interpreting this

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Case 4:24-cr-00029-BP Document136 Filed 08/22/24 Page13o0f14

agreement, any drafting errors or ambiguities are not to be automatically construed against
either party, whether or not that party was involved in drafting or modifying this agreement.

Teresa A. Moore
United States Attorney

Dated: _& / ao [ oY /2, ZL y

Paul S. Becker
Assistant United States Attorney

I have consulted with my attorneys and fully understand all my rights with respect to the
offenses charged in the information. Further, | have consulted with my attorneys and fully
understand my rights with respect to the provisions of the Sentencing Guidelines. I have read this
plea agreement and carefully reviewed every part of it with my attorneys. I understand this plea
agreement and I voluntarily agree to it.

Dated: ¢/2> [sy L - (A a

Jo right
endant

Lam defendant Joel Wright’s attorney. I have fully explained to him the rights with respect
to the offenses charged in the information. Further, | have reviewed with him the provisions of the
Sentencing Guidelines which might apply in this case. I have carefully reviewed every part of this
plea agreement with him. To my knowledge, Joel Wright’s decision to enter into this plea
agreement is an informed and voluntary one.

Dated: 8 /'>2 /a¥ Y Mn

a Gedbaw
Attorney for Defendant Joel Wright

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