Plea Agreement as to Angelo Stephen (ps1) — United States v. Stephen (Dkt. 14, S.D. Fla. No. 1:25-cr-20014)

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U.S. District Court for the Southern District of Florida · No. 1:25-cr-20014-CMA · Doc. 14 · 2025-03-04 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
Case No. 25-20014-Cr-AL TONAGA/REID 
UNITED STATES OF AMERICA 
vs. 
ANGELO STEPHEN, 
Defendant. 
I 
PLEA AGREEMENT 
The Office of the United States Attorney for the Southern District of Florida ("this 
Office") and the defendant, ANGELO STEPHEN, enter into the following agreement: 
1. 
Pursuant to Rule ?(b) of the Federal Rules of Criminal Procedure, the 
defendant agrees to waive indictment and to plead guilty to a one-count felony Information 
charging him with wire fraud , in violation of Title 18, United States Code, Section 1343. 
2. 
The defendant is aware that his sentence will be imposed by the Court after 
considering the advisory Federal Sentencing Guidelines and Policy Statements 
(hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands 
that the Court will compute an advisory sentence under the Sentencing Guidelines and 
that the applicable guidelines will be determined by the Court relying in part on the results 
of a pre-sentence investigation by the Court's probation office, which investigation will 
commence after the guilty plea has been entered. The defendant is also aware that, 
under certain circumstances, the Court may depart from the advisory sentencing 
guideline range that it has computed and may raise or lower that advisory sentence under 
the Sentencing Guidelines. The defendant is further aware and understands that the 
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Court is required to consider the advisory guideline range determined under the 
Sentencing Guidelines, but is not bound to impose a sentence within that advisory range; 
the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, 
and such sentence may be either more severe or less severe than the Sentencing 
Guidelines' advisory range. 
Knowing these facts, the defendant understands and 
acknowledges that the Court has the authority to impose any sentence within and up to 
the statutory maximum authorized by law for the offenses identified in paragraph 1 and 
that the defendant may not withdraw the plea solely as a result of the sentence imposed. 
3. 
The defendant also understands and acknowledges that the Court may 
impose a statutory maximum term of imprisonment of up to 20 years followed by a term 
of supervised release of up to 3 years, a fine of up to $250,000, may order forfeiture, and 
must order restitution. The Court also must impose a special assessment in the amount 
of $100, and the defendant agrees to pay the special assessment imposed at the time of 
sentencing . 
4. 
This Office reserves the right to inform the Court and the probation office of 
all facts pertinent to the sentencing process, including all relevant information concerning 
the offenses committed , whether charged or not, as well as concerning the defendant and 
the defendant's background. 
Subject only to the express terms of any agreed-upon 
sentencing recommendations contained in this agreement, this Office further reserves the 
right to make any recommendation as to the quality and quantity of punishment. 
5. 
This Office agrees that it will recommend at sentencing that the Court 
reduce by two levels the sentencing guideline level applicable to the defendant's offense, 
pursuant to Section 3E1 .1 (a) of the Sentencing Guidelines, based upon the defendant's 
recognition and affirmative and timely acceptance of personal responsibility. If at the time 
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of sentencing the defendant's offense level is determined to be 16 or greater, the 
government will file a motion requesting an additional one level decrease pursuant to 
Section 3E1 .1 (b) of the Sentencing Guidelines, stating that the defendant has assisted 
authorities in the investigation or prosecution of the defendant's own misconduct by timely 
notifying authorities of the defendant's 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. This Office however, will not be required to make 
this recommendation (or any agreed recommendation contained within this plea 
agreement) if the defendant: (1) fails or refuses to make a full, accurate and complete 
disclosure to the probation office of the circumstances surrounding the relevant offense 
conduct; (2) is found to have misrepresented facts to the government prior to entering 
into this plea agreement; (3) commits any misconduct after entering into this plea 
agreement, including but not limited to committing a state or federal offense, violating any 
term of release, or making false statements or misrepresentations to any governmental 
entity or official; or (4) attempts to withdraw his plea of guilty prior to sentencing . 
6. 
The defendant agrees that he will resign from his position with the 
Department of Justice - Federal Bureau of Prisons prior to the time of his sentencing , 
and further agrees that he shall not seek Federal employment in the future. 
7. 
This Office and the defendant agree that, although not binding on the Court 
or the probation office, they will jointly recommend that the Court make the following 
findings and conclusions as to the sentence to be imposed: (a) the applicable Sentencing 
Guidelines section for the offense is 2B1 .1; (b) pursuant to Section 2B1 .1 (a)(1 ), the 
applicable base offense level is 7; (c) the loss in this case was between $40,001 and 
$95,000, and as a result, pursuant to Section 2B1 .1 (b)(1 )(D), the defendant's offense 
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level should be increased by 6 levels; and (d) if the defendant is found to meet all the 
criteria set out in Section 4C 1.1 (a)(1)-(10), then this Office agrees that the defendant's 
offense level should be reduced by two levels pursuant to Section 4C 1.1 (a). This Office 
and 
the 
defendant further agree 
that except for these 
above-stated 
joint 
recommendations that are not binding on the Court, the parties otherwise retain their full 
rights to advocate regarding : the applicable advisory Sentencing Guidelines, including 
departures and variances; the Title 18, United States Code, Section 3553(a) factors; and, 
the ultimate sentence to be imposed. 
8. 
The defendant is aware that the sentence has not yet been determined by 
the Court. The defendant also is aware that any estimate of the probable sentencing 
range or sentence that the defendant may receive , whether that estimate comes from the 
defendant's attorney, the government, or the probation office, is a prediction , not a 
promise, and is not binding on the government, the probation office or the Court. The 
defendant understands further that any recommendation that the government makes to 
the Court as to sentencing, whether pursuant to this agreement or otherwise, is not 
binding on the Court and the Court may disregard the recommendation in its entirety. 
The defendant understands and acknowledges, as previously acknowledged above, that 
the defendant may not withdraw his plea based upon the Court's decision not to accept 
a sentencing recommendation made by the defendant, the government, or a 
recommendation made jointly by both the defendant and this Office. 
9. 
The defendant understands and acknowledges that the Court must order 
restitution for the fu ll amount of the victims' losses pursuant to Title 18, United States 
Code, Section 3663A. 
10. 
The defendant agrees, in an individual and any other capacity, to forfeit to 
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the United States, voluntarily and immediately, any right, title, and interest to any property, 
real or personal, which constitutes or is derived from proceeds traceable to the offenses, 
in violation of Title 18, United States Code, Section 1343, to which the defendant is 
pleading guilty, pursuant to Title 18, United States Code, Section 981 (a)(1 )(C). In 
addition , the defendant agrees to forfeiture of substitute property pursuant to Title 21 , 
United States Code, Section 853(p). The property subject to forfeiture includes, but is not 
limited to, a forfeiture money judgment in the amount of approximately $71 ,166. 
11. 
The defendant further agrees that forfeiture is independent of any 
assessment, fine , cost, restitution, or penalty that may be imposed by the Court. The 
defendant knowingly and voluntarily agrees to waive all constitutional, legal, and 
equitable defenses to the forfeiture, including excessive fines under the Eighth 
Amendment to the United States Constitution . In addition , the defendant agrees to waive: 
any applicable time limits for administrative or judicial forfeiture proceedings, the 
requirements of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the forfeiture. 
12. 
The defendant also agrees to fully and truthfully disclose the existence, 
nature, and location of all assets in which the defendant has or had any direct or indirect 
financial interest or control, and any assets involved in the offense of conviction . The 
defendant agrees to take all steps requested by the United States for the recovery and 
forfeiture of all assets identified by the United States as subject to forfeiture. 
This 
includes, but is not limited to, the timely delivery upon request of all necessary and 
appropriate documentation to deliver good and marketable title, consenting to all orders 
of forfeiture , and not contesting or impeding in any way with any criminal, civil or 
administrative forfeiture proceeding concerning the forfeiture. 
13. 
The defendant agrees that he shall cooperate fully with this Office by: (a) 
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providing truthful and complete information and testimony, and producing documents, 
records and other evidence, when called upon by this Office, whether in interviews, before 
a grand jury, or at any trial or other Court proceeding; (b) appearing at such grand jury 
proceedings, hearings, trials, and other judicial proceedings, and at meetings, as may be 
required by this Office; and (c) if requested by this Office, working in an undercover role 
under the supervision of, and in compliance with , law enforcement officers and agents. 
In addition , the defendant agrees that he will not protect any person or entity through false 
information or omission , that he will not falsely implicate any person or entity, and that he 
will not commit any further crimes. 
14. 
This Office reserves the right to evaluate the nature and extent of the 
defendant's cooperation and to make that cooperation , or lack thereof, known to the Court 
at the time of sentencing . If in the sole and unreviewable judgment of this Office the 
defendant's cooperation is of such quality and significance to the investigation or 
prosecution of other criminal matters as to warrant the Court's downward departure from 
the advisory sentencing range calculated under the Sentencing Guidelines and/or any 
applicable minimum mandatory sentence, this Office may make a motion prior to 
sentencing pursuant to Section 5K1 .1 of the Sentencing Guidelines and/or Title 18, 
United States Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 
of the Federal Rules of Criminal Procedure, informing the Court that the defendant has 
provided substantial assistance and recommending that the defendant's sentence be 
reduced. 
The defendant understands and agrees, however, that nothing in this 
agreement requires this Office to file any such motion, and that this Office's assessment 
of the quality and significance of the defendant's cooperation shall be binding as it relates 
to the appropriateness of this Office's filing or non-filing of a motion to reduce sentence. 
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15. 
The defendant understands and acknowledges that the Court is under no 
obligation to grant a motion for reduction of sentence filed by the government. 
In 
addition , the defendant further understands and acknowledges that the Court is under no 
obligation of any type to reduce the defendant's sentence because of the defendant's 
cooperation. 
16. 
The defendant is aware that Title 18, United States Code, Section 3742 and 
Title 28, United States Code, Section 1291 afford the defendant the right to appeal the 
sentence imposed in this case. Acknowledging this, in exchange for the undertakings 
made by the United States in this plea agreement, the defendant hereby waives all rights 
conferred by Sections 3742 and 1291 to appeal any sentence imposed, including any 
restitution order, or to appeal the manner in which the sentence was imposed, unless the 
sentence exceeds the maximum permitted by statute or is the result of an upward 
departure and/or an upward variance from the advisory guideline range that the Court 
establishes at sentencing . 
The defendant further understands that nothing in this 
agreement shall affect the government's right and/or duty to appeal as set forth in Title 
18, United States Code, Section 3742(b) and Title 28, United States Code, Section 1291. 
However, if the United States appeals the defendant's sentence pursuant to Sections 
3742(b) and 1291 , the defendant shall be released from the above waiver of appellate 
rights. By signing this agreement, the defendant acknowledges that the defendant has 
discussed the appeal waiver set forth in this agreement with the defendant's attorney. 
The defendant further agrees, together with the United States, to request that the Court 
enter a specific finding that the defendant's waiver of the defendant's right to appeal the 
sentence to be imposed in this case was knowing and voluntary. 
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17. 
In the event that for any reason the defendant does not plead guilty or 
attempts to withdraw his guilty plea, the defendant agrees and understands that he 
thereby waives any protection afforded by Section 1 B1 .8(a) of the Sentencing Guidelines 
as well as any protection afforded by Rule 11 (e)(6) of the Federal Rules of Criminal 
Procedure. The defendant further understands that in the event that for any reason the 
defendant does not plead guilty or attempts to withdraw his guilty plea, any statements 
made by the defendant under this agreement or as part of any plea discussions or as part 
of any attempted or actual cooperation with the government, will be fully admissible 
against the defendant in any civil or criminal proceedings, notwithstanding any prior 
agreement with the government. 
(Remainder of page intentionally left blank) 
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18. 
This is the entire agreement and understanding between this Office and the 
defendant. 
There 
are 
no 
other 
agreements, 
promises, 
representations, 
or 
understandings. 
Date: 
By: 
By: 
Date '3/f/_JJ }-5 
By: 
HAYDEN P. O'BYRNE 
UNITED STATES ATTORNEY 
Edward N. Stamm 
Assistant United States Attorney 
Juan 
Attorn 
AngloStepen 
c 
Defendant 
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