Plea Agreement — United States v. Murphy (Dkt. 40, E.D. Wash.)

Summary

A plea agreement in United States v. Stephen Lawrence Murphy, Case No. 2:22-CR-84-TOR-1, in the U.S. District Court for the Eastern District of Washington, filed November 22, 2022 as ECF No. 40. It is made by U.S. Attorney Vanessa R. Waldref and Assistant U.S. Attorneys Tyler H.L. Tornabene and Dan Fruchter with the defendant and his counsel, Robert M. Seines. The defendant agrees to plead guilty to Count 8 of the Indictment filed July 19, 2022, which charges False, Fictitious, or Fraudulent Claims under 18 U.S.C. § 287, a Class D felony. The agreement lists maximum penalties of not more than 5 years of imprisonment, up to 3 years of supervised release, a fine of up to $250,000, restitution and a $100 special penalty assessment.

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Case 2:22-cr-00084-TOR ECF No. 40 _ filed 11/22/22 PagelD.81 Page 1 of 19

     Vanessa R. Waldref
     United States Attorney
     Eastern District of Washington                       _omtea ny
     Tyler H.L. Tornabene                             EASTERN DISTRICT OF WASHINGT

     Dan Fruchter                                         NOV 22 9909
     Assistant United States Attorneys                    ho
 wWoNnN DB Wn NO B 0 W   Post Office Box 1494         —_t “beey

     Spokane, WA 99210-1494
     Telephone: (509) 353-2767

                         UNITED STATES DISTRICT COURT
                  FOR THE EASTERN DISTRICT OF WASHINGTON

     UNITED STATES OF AMERICA,
                                                Case No.: 2:22-CR-84-TOR-1
                           Plaintiff,
                                                Plea Agreement
                  Vv.

     STEPHEN LAWRENCE MURPHY,

                           Defendant.

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

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

 Oo nN HDB NA BPW NO KF TD ODO Wana DB Nn fH NY KF OS W   Tornabene, and Dan Fruchter, Assistant United States Attorneys for the Eastern

     District of Washington, and Defendant Stephen Lawrence Murphy (“Defendant”),

NO NY NO NY NY NY WN HN HNO Re Re Re Re Re RR RR   both individually and by and through Defendant’s counsel, Robert M. Seines,

     agree to the following Plea Agreement.

           1.    Guilty Plea and Maximum Statutory Penalties

           Defendant agrees to enter a plea of guilty to Count 8 of the Indictment filed

     on July 19, 2022, which charges Defendant with False, Fictitious, or Fraudulent

     Claims, in violation of 18 U.S.C. § 287, a Class D felony.

           Defendant understands that the following potential penalties apply:

              a. aterm of imprisonment of not more than 5 years;

     PLEA AGREEMENT - 1

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Case 2:22-cr-00084-TOR ECFNo. 40 filed 11/22/22 PagelD.82 Page 2 of 19

b. aterm of supervised release of up to 3 years;
c. a fine of up to $250,000;

d. restitution; and

e. a $100 special penalty assessment.

2. Supervised Release

Defendant understands that if Defendant violates any condition of
Defendant’s supervised release, the Court may revoke Defendant’s term of
supervised release, and require Defendant to serve in prison all or part of the term
of supervised release authorized by statute for the offense that resulted in such term
of supervised release without credit for time previously served on postrelease
supervision up to 2 years in prison.

Accordingly, Defendant understands that if Defendant commits one or more
violations of supervised release, Defendant could serve a total term of
incarceration greater than the maximum sentence authorized by statute for
Defendant’s offense or offenses of conviction.

3, The Court is Not a Party to this Plea Agreement

The Court is not a party to this Plea Agreement and may accept or reject it.
Defendant acknowledges that no promises of any type have been made to
Defendant with respect to the sentence the Court will impose in this matter.

Defendant understands the following:

a. sentencing is a matter solely within the discretion of the Court;

b. the Court is under no obligation to accept any recommendations
made by the United States or Defendant;

C. the Court will obtain an independent report and sentencing
recommendation from the United States Probation Office;

d. the Court may exercise its discretion to impose any sentence it

deems appropriate, up to the statutory maximum penalties;

PLEA AGREEMENT -— 2

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Case 2:22-cr-00084-TOR ECFNo. 40 filed 11/22/22 PagelD.83 Page 3 of 19

e, the Court is required to consider the applicable range set forth
in the United States Sentencing Guidelines, but may depart
upward or downward under certain circumstances; and

f. the Court may reject recommendations made by the United
States or Defendant, and that will not be a basis for Defendant
to withdraw from this Plea Agreement or Defendant’s guilty
plea. |

4. Potential Immigration Consequences of Guilty Plea

If Defendant is not a citizen of the United States, Defendant understands the

following:
a. pleading guilty in this case may have immigration
consequences;
b. a broad range of federal crimes may result in Defendant’s

removal from the United States, including the offense to which
Defendant is pleading guilty;
C. removal from the United States and other immigration
consequences are the subject of separate proceedings; and
d. no one, including Defendant’s attorney or the Court, can predict
with absolute certainty the effect of a federal conviction on
Defendant’s immigration status.
Defendant affirms that Defendant is knowingly, intelligently, and voluntarily
pleading guilty as set forth in this Plea Agreement, regardless of any immigration
consequences that Defendant’s guilty plea may entail.

5. Waiver of Constitutional Rights

Defendant understands that by entering this guilty plea, Defendant is
knowingly and voluntarily waiving certain constitutional rights, including the
following:

a. the right to a jury trial;

PLEA AGREEMENT — 3

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Case 2:22-cr-00084-TOR ECFNo. 40 filed 11/22/22 PagelD.84 Page 4 of 19

b. the right to see, hear and question the witnesses;
C. the right to remain silent at trial;

d. ___ the right to testify at trial; and

e. the right to compel witnesses to testify.

While Defendant is waiving certain constitutional rights, Defendant
understands that Defendant retains the right to be assisted by an attorney through
the sentencing proceedings in this case and any direct appeal of Defendant’s
conviction and sentence, and that an attorney will be appointed at no cost if
Defendant cannot afford to hire an attorney.

Defendant understands and agrees that any defense motions currently
pending before the Court are mooted by this Plea Agreement, and Defendant
expressly waives Defendant’s right to bring any additional pretrial motions.

6. Elements of the Offense

The United States and Defendant agree that in order to convict Defendant of
False, Fictitious, or Fraudulent Claims, in violation of 18 U.S.C. § 287, the United
States would have to prove the following beyond a reasonable doubt.

a. First, in the Eastern District of Washington and elsewhere, Defendant
knowingly presented a false claim to the U.S. Small Business
Administration (SBA), an agency of the United States;

b. Second, Defendant knew that the claim was false or fraudulent at the
time it was made; and

c. Third, the false or fraudulent claim was material to the SBA; that is, it
had the tendency to influence, or was capable of influencing, the SBA
to part with money or property.

7. Factual Basis and Statement of Facts

The United States and Defendant stipulate and agree to the following: the

facts set forth below are accurate; the United States could prove these facts beyond

PLEA AGREEMENT - 4

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.85 Page 5 of 19

a reasonable doubt at trial; and these facts constitute an adequate factual basis for
Defendant’s guilty plea.

The United States and Defendant agree that this statement of facts does not
preclude either party from presenting and arguing, for sentencing purposes,
additional facts that are relevant to the Sentencing Guidelines computation or
sentencing, unless otherwise prohibited in this Plea Agreement.

The Coronavirus Aid, Relief, and Economic Security Act (““CARES” Act)
was a federal law enacted on March 27, 2020, designed to provide emergency
financial assistance to the millions of Americans who were suffering the economic
effects caused by the COVID-19 pandemic. One source of relief provided by the
CARES Act was the authorization of forgivable loans to small businesses for job
retention and other certain expenses, through a program referred to as the Paycheck
Protection Program (“PPP”).

In order to obtain a PPP loan, a qualifying business was required to submit a
PPP loan application signed by an authorized representative of the business. The
PPP loan application required the business (through its authorized representative)
to acknowledge the program rules and make certain affirmative certifications in
order to be eligible to obtain the PPP loan. In the PPP loan application, the
applicant (through its authorized representative) was required to state, among other
things: (a) its average monthly payroll expenses; and (b) its number of employees.
If the applicant had no employees other than the owner, the applicant was required
to provide the gross income amount from a 2019 or 2020 IRS Form 1040,
Schedule C. These figures were used to calculate the amount of money the small
business was eligible to receive under the PPP. Additionally, the applicant was
required to certify that they were in operation as of February 15, 2020. The
applicant was also required to certify that the information in the application was

true and correct to the best of the applicant’s knowledge.

PLEA AGREEMENT — 5

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A business’s PPP loan application was received and processed, in the first
instance, by a participating lender. Ifa PPP loan application was approved, the
participating lender funded the PPP loan using its own monies. Data from the
application, including information about the borrower, the total amount of the loan,
the listed number of employees, and the gross income amount, was transmitted by
the lender to the Small Business Administration (“SBA”), an agency of the United
States, in the course of processing the loan.

Beginning no later than on or about March 20, 2021, and continuing through
at least September 8, 2021, in the Eastern District of Washington and elsewhere,
Defendant and his spouse devised and intended to devise a scheme to defraud the
SBA, and to obtain money and property by means of materially false and
fraudulent pretenses, representations, and promises. On or about September 11,
2020, Defendant and his spouse opened a joint checking account ending in 9587 at
Capital One Bank, National Association (“Defendant’s Joint Capital One Checking
Account”). On or about March 1, 2021, Defendant and his spouse opened a
performance savings account ending in 6375 at Capital One Bank, National
Association (“Defendant’s Joint Capital One Savings Account”).

As part of the fraudulent scheme, on or about March 16, 2021, Defendant’s
spouse submitted an application for PPP loan number 5015588605 to the SBA
containing material falsities which Defendant’s spouse certified were true and
correct to the best of her knowledge, under penalty of perjury and of other criminal
penalties for false information. On or about March 31, 2021, as a result of the
fraudulent scheme, and the materially false and fraudulent information supplied by
Defendant’s spouse, Fountainhead SBF, LLC, acting on a delegated basis from
SBA, disbursed $20,833 in SBA PPP funding into Defendant’s Joint Capital One
Checking Account. As part of the fraudulent scheme, on or about August 26,
2021, Defendant’s spouse fraudulently requested loan forgiveness of the entire PPP

loan amount.

PLEA AGREEMENT — 6

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Case 2:22-cr-00084-TOR ECFNo. 40 filed 11/22/22 PagelD.87 Page 7 of 19

On or about March 23, 2021, Defendant submitted an application for PPP
loan number 1741018703 to the SBA in the name of his purportedly active
company in his own name, that is, “Stephen Murphy.” Defendant falsely and
fraudulently stated in the application for PPP loan number 1741018703 that his
purported business had earned $100,000 in gross income in calendar year 2020,
and that its average monthly payroll was $8,333.33. Based on that information,
Defendant requested a PPP loan for the purported business in the amount of
$20,833.

Defendant certified that the information in the application was true and
correct to the best of his knowledge, under penalty of perjury and of other criminal
penalties for false information. These representations were materially false and
fraudulent. Neither Defendant nor his purported business had gross income of
$100,000 in calendar 2020. Accordingly, neither the purported business nor
Defendant were eligible for any PPP funding.

On or about April 14, 2021, as a result of the fraudulent scheme and the
materially false and fraudulent information supplied by Defendant, Harvest Small
Business Finance, LLC, acting on a delegated basis for the SBA, disbursed
$20,833 into Defendant’s Joint Capital One Savings Account. As part of the
fraudulent scheme, on or about that same day, April 14, 2020, $20,000 of the
fraudulently obtained funds were transferred into Defendant’s Joint Capital One
Checking Account. As part of the fraudulent scheme, on or about September 8,
2021, Defendant fraudulently requested loan forgiveness of the entire PPP loan
amount.

As part of the fraudulent scheme, on or about April 12, 2021, Defendant’s
spouse submitted an application for PPP loan number 3419228806 to the SBA
containing material falsities which Defendant’s spouse certified were true and
correct to the best of her knowledge, under penalty of perjury and of other criminal

penalties for false information. On or about April 28, 2021, as a result of the

PLEA AGREEMENT — 7

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Case 2:22-cr-00084-TOR ECFNo. 40 filed 11/22/22 PagelD.88 Page 8 of 19

fraudulent scheme and the materially false and fraudulent information supplied by
Defendant’s spouse, Fountainhead SBF, LLC, acting on a delegated basis for the
SBA, disbursed $20,833 into Defendant’s Joint Capital One Checking Account.
On or about August 26, 2021, as a result of the fraudulent scheme, Defendant’s
spouse fraudulently requested loan forgiveness of the entire PPP loan amount.

8. The United States’ Agreements

The United States Attorney’s Office for the Eastern District of Washington
agrees that at the time of sentencing, the United States will move to dismiss Counts
1 through 6 of the Indictment filed on July 19, 2022, which charge Defendant with
Wire Fraud in violation of 18 U.S.C. § 1343.

The United States Attorney’s Office for the Eastern District of Washington
agrees not to bring additional charges against Defendant based on the criminal
activity set forth in this Plea Agreement that arises out of Defendant’s conduct
involving illegal activity charged or identified as a result of this investigation,
unless Defendant breaches this Plea Agreement before sentencing. Nothing in this
agreement is intended to release any liability arising under Title 26, United States
Code (Internal Revenue Code).

9. United States Sentencing Guidelines Calculations

Defendant understands and acknowledges that the United States Sentencing
Guidelines (“U.S.S.G.” or “Guidelines” apply and that the Court will determine
Defendant’s advisory range at the time of sentencing, pursuant to the Guidelines.
The United States and Defendant agree to the following Guidelines calculations.

a. Base Offense Level

The United States and the Defendant agree that the base offense level for
False, Fictitious, or Fraudulent Claims, in violation of 18 U.S.C. § 287, is 6.
U.S.S.G. § 2B1.1(a)(2).

b. Special Offense Characteristics

PLEA AGREEMENT -— 8

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.89 Page 9 of 19

The United States and the Defendant agree that Defendant’s base offense
level is increased by 6 levels because the loss amount was more than $40,000, but
less than $95,000. See U.S.S.G. § 2B1.1(b)(1)(D). The parties are not aware of
any other specific offense characteristics that apply

C. Acceptance of Responsibility

The United States will recommend that Defendant receive a downward
adjustment for acceptance of responsibility, pursuant to U.S.S.G. § 3E1.1(a), if
Defendant does the following:

1. accepts this Plea Agreement;
il. enters a guilty plea on before November 22, 2022;
Lil. demonstrates recognition and affirmative acceptance of

Defendant’s personal responsibility for Defendant’s
criminal conduct;

iV. provides complete and accurate information during the
sentencing process; and

V. does not commit any obstructive conduct.

The United States and Defendant agree that at its option and on written
notice to Defendant, the United States may elect not to recommend a reduction for
acceptance of responsibility if, prior to the imposition of sentence, Defendant is
charged with, or convicted of, any criminal offense, or if Defendant tests positive
for any controlled substance.

d. No Other Agreements

The United States and Defendant have no other agreements regarding the
Guidelines or the application of any Guidelines enhancements, departures, or
variances. Defendant understands and acknowledges that the United States is free
to make any sentencing arguments it sees fit, including arguments arising from
Defendant’s uncharged conduct, conduct set forth in charges that will be dismissed

pursuant to this Agreement, and Defendant’s relevant conduct.

PLEA AGREEMENT — 9

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e. Criminal History

The United States and Defendant have no agreement and make no
representations about Defendant’s criminal history category, which will be
determined by the Court after the United States Probation Office prepares and
discloses a Presentence Investigative Report.

10. Incarceration

The United States agrees to recommend a sentence at or below the low end
of the Guidelines, as calculated by the Court.
Defendant may recommend any legal sentence.

11. Supervised Release

The United States and Defendant each agree to recommend 3 years of
supervised release. Defendant agrees that the Court’s decision regarding the
conditions of Defendant’s Supervised Release is final and non-appealable; that is,
even if Defendant is unhappy with the conditions of Supervised Release ordered by
the Court, that will not be a basis for Defendant to withdraw Defendant’s guilty
plea, withdraw from this Plea Agreement, or appeal Defendant’s conviction,
sentence, or any term of Supervised Release.

The United States and Defendant agree to recommend that in addition to the
standard conditions of supervised release imposed in all cases in this District, the
Court should also impose the following conditions:

a. Defendant will provide financial information and copies of
federal income tax returns, and allow credit checks, at the
direction of the United States Probation Office;

b. Defendant shall disclose all assets and liability to the United
States Probation Office and shall not transfer, sell, give away,
or otherwise convey or secret any asset, without the advance

approval of the United States Probation Office;

PLEA AGREEMENT — 10

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.91 Page 11 of 19

C. Defendant is prohibited from incurring any new debt, opening
new lines of credit, or enter any financial contracts or
obligations without the prior approval of the United States
Probation Office; and

d. Defendant shall participate in and complete financial
counseling and life skills programs at the direction of the
United States Probation Office.

12. Criminal Fine

The parties agree to recommend no additional criminal fine.

13. Mandatory Special Penalty Assessment

Defendant agrees to pay the $100 mandatory special penalty assessment to
the Clerk of Court for the Eastern District of Washington, pursuant to 18 U.S.C.

§ 3013.

14. Restitution

The United States and Defendant agree that restitution is appropriate and
mandatory, without regard to Defendant’s economic situation, to identifiable
victims who have suffered physical injury or pecuniary loss, pursuant to 18 U.S.C.
§§ 3663A, 3664.

Pursuant to 18 U.S.C. § 3663(a)(3), Defendant voluntarily agrees to pay
restitution for all losses caused by Defendant’s individual conduct, in exchange for
the United States not bringing additional potential charges, regardless of whether
counts associated with such losses will be dismissed as part of this Plea
Agreement. With respect to restitution, the United States and Defendant agree to
the following:

a. Restitution Amount and Interest

The United States and Defendant stipulate and agree that, pursuant to 18
U.S.C. §§ 3663, 3663A and 3664, the Court should order restitution in an amount
of at least $62,499, which consists of at least $20,833 for PPP Loan #5015588605,

PLEA AGREEMENT — 11

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.92 Page 12 of 19

at least $20,833 for PPP Loan #1741018703, and at least $20,833 for PPP Loan
#34 19228806, and that any interest on this restitution amount, if any, should be
waived. Defendant’s restitution obligation shall be entered jointly and severally
with co-Defendant Stephanie Brock Murphy for the full amount of the restitution
ordered at sentencing. The United States reserves the right to request additional
restitution for the amounts owed to SBA related to these three PPP Loans,
including but not limited to, loan origination fees, recording fees, accrued interest,
and other loan costs.
b. Payments

To the extent restitution is ordered, the United States and Defendant agree
that the Court will set a restitution payment schedule based on Defendant’s
financial circumstances. 18 U.S.C. § 3664(f)(2), (3)(A). Regardless, Defendant
agrees to pay not less than 10% of Defendant’s net monthly income towards
restitution.

C. Treasury Offset Program and Collection

Defendant understands the Treasury Offset Program (“TOP”) collects
delinquent debts owed to federal agencies. If applicable, the TOP may take part or
all of Defendant’s federal tax refund, federal retirement benefits, or other federal
benefits and apply these monies to Defendant’s restitution obligations. 26 U.S.C.
§ 6402(d); 31 U.S.C. § 3720A; 31 U.S.C. § 3716.

Defendant understands that the United States may, notwithstanding the
Court-imposed payment schedule, pursue other avenues to ensure the restitution
obligation is satisfied, including, but not limited to, garnishment of available funds,
wages, or assets. 18 U.S.C. §§ 3572, 3613, and 3664(m).

Nothing in this acknowledgment shall be construed to limit Defendant’s
ability to assert any specifically identified exemptions as provided by law, except
as set forth in this Plea Agreement.

Until Defendant’s fine and restitution obligations are paid in full, Defendant

PLEA AGREEMENT — 12

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agrees fully 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.

Until Defendant’s fine and restitution obligations are paid in full, Defendant
agrees to provide waivers, consents, or releases requested by the U.S. Attorney’s
Office to access records to verify the financial information.

d. Notifications and Waivers

Defendant agrees to notify the Court and the United States of any material
change in Defendant’s economic circumstances (e.g., inheritances, monetary gifts,
changed employment, or income increases) that might affect Defendant’s ability to
pay restitution. 18 U.S.C. § 3664(k). Defendant also agrees to notify the United
States of any address change within 30 days of that change. 18 U.S.C.

§ 3612(b)(1)(F). These obligations cease when Defendant’s fine and restitution
obligations are paid in full.

Defendant acknowledges that the Court’s decision regarding restitution is
final and non-appealable; that is, even if Defendant is unhappy with the amount of
restitution ordered by the Court, that will not be a basis for Defendant to withdraw
Defendant’s guilty plea, withdraw from this Plea Agreement, or appeal
Defendant’s conviction, sentence, or restitution order.

15. Payments While Incarcerated

If Defendant lacks the financial resources to pay the monetary obligations
imposed by the Court, Defendant agrees to earn money toward these obligations by
participating in the Bureau of Prisons’ Inmate Financial Responsibility Program.

16. Additional Violations of Law Can Void Plea Agreement

The United States and Defendant agree that the United States may, at its
option and upon written notice to the Defendant, withdraw from this Plea

Agreement or modify its sentencing recommendation if, prior to the imposition of

PLEA AGREEMENT — 13

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.94 Page 14 of 19

sentence, Defendant is charged with or convicted of any criminal offense or tests
positive for any controlled substance.

17. Waiver of Appeal Rights

Defendant understands that Defendant has a limited right to appeal or
challenge Defendant’s conviction and the sentence imposed by the Court.

Defendant expressly waives all of Defendant’s rights to appeal Defendant’s
conviction and the sentence the Court imposes.

Defendant expressly waives Defendant’s right to appeal any fine, term of
supervised release, or restitution order imposed by the Court.

Defendant expressly waives the right to file any post-conviction motion
attacking Defendant’s conviction and sentence, including a motion pursuant to 28
U.S.C. § 2255, except one based on ineffective assistance of counsel arising from
information not now known by Defendant and which, in the exercise of due
diligence, Defendant could not know by the time the Court imposes sentence.

Nothing in this Plea Agreement shall preclude the United States from
opposing any post-conviction motion for a reduction of sentence or other attack
upon the conviction or sentence, including, but not limited to, writ of habeas
corpus proceedings brought pursuant to 28 U.S.C. § 2255.

18. Compassionate Release

In consideration for the benefits Defendant is receiving under the terms of
this Plea Agreement, Defendant expressly waives Defendant’s right to bring any
motion for Compassionate Release other than a motion arising from one of the
specific bases set forth in this paragraph of this Plea Agreement. The United States
retains the right to oppose, on any basis, any motion Defendant files for
Compassionate Release.

The only bases on which Defendant may file a motion for Compassionate
Release in the Eastern District of Washington are the following:

a. Medical Condition of Defendant

PLEA AGREEMENT — 14

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.95 Page 15 of 19

b.

Cc.

ll.

il.

Defendant is suffering from a terminal illness (1.e., a
serious and advanced illness with an end of life
trajectory). A specific prognosis of life expectancy (i.e.,
a probability of death within a specific time period) is not
required. Examples include metastatic solid-tumor
cancer, amyotrophic lateral sclerosis (ALS), end-stage
organ disease, and advanced dementia; or

Defendant is suffering from a serious physical or medical
condition, a serious functional or cognitive impairment,
or deteriorating physical or mental health because of the
aging process that substantially diminishes the ability of
the defendant to provide self-care within the environment
of a correctional facility and from which Defendant is not

expected to recover.

Age of Defendant

Defendant is at least 65 years old, is experiencing a
serious deterioration in physical or mental health because
of the aging process; and has served at least 10 years or
75 percent of Defendant’s term of imprisonment,
whichever is less; or

Defendant is at least 70 years old and has served at least
30 years in prison pursuant to a sentence imposed under
18 U.S.C. § 3559(c) for the offense or offenses for which

Defendant is imprisoned.

Family Circumstances

The caregiver of Defendant’s minor child or children has

died or become incapacitated, and Defendant is the only

PLEA AGREEMENT — 15

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Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.96 Page 16 of 19

available caregiver for Defendant’s minor child or
children; or

il. Defendant’s spouse or registered partner has become
incapacitated, and Defendant is the only available
caregiver for Defendant’s spouse or registered partner.

d. Subsequent Reduction to Mandatory Sentence

i. Defendant pleaded guilty to an offense which, on the date
of Defendant’s guilty plea, carried a mandatory minimum
sentence; and

il. after the entry of judgment, the length of the mandatory
minimum sentence for Defendant’s offense of conviction
was reduced by a change in the law; and

ili. the application of the reduced mandatory minimum
sentence would result in Defendant receiving a lower
overall sentence.

e. Ineffective Assistance of Counsel

i. Defendant seeks Compassionate Release based on a
claim of ineffective assistance of counsel arising from
information that Defendant both
l. did not know at the time of Defendant’s guilty

plea, and
2. could not have known, in the exercise of due
diligence, at the time the Court imposed sentence.

19. Withdrawal or Vacatur of Defendant’s Plea

Should Defendant successfully move to withdraw from this Plea Agreement
or should Defendant’s conviction be set aside, vacated, reversed, or dismissed
under any circumstance, then:

a. this Plea Agreement shall become null and void;

PLEA AGREEMENT -— 16

Oo fm NI DBD Nn BR WW HPO

NO pO KN KH HN KH HL KN KO RRR Rem Re RE Re Ree
oOo YN DO ON BW NO YF DOD Oo WBnANnN DB A BP WB NY KF OO

Case 2:22-cr-00084-TOR ECF No. 40 filed 11/22/22 PagelD.97 Page 17 of 19

b. the United States may prosecute Defendant on all available
charges;
C. The United States may reinstate any counts that have been

dismissed, have been superseded by the filing of another
charging instrument, or were not charged because of this Plea
Agreement; and

d. the United States may file any new charges that would
otherwise be barred by this Plea Agreement.

The decision to pursue any or all of these options is solely in the discretion
of the United States Attorney’s Office.

Defendant agrees to waive any objections, motions, and/or defenses
Defendant might have to the United States’ decisions to seek, reinstate, or reinitiate
charges if a count of conviction is withdrawn, set aside, vacated, reversed, or
dismissed, including any claim that the United States has violated Double
Jeopardy.

Defendant agrees not to raise any objections based on the passage of time,
including but not limited to, alleged violations of any statutes of limitation or any
objections based on the Speedy Trial Act or the Speedy Trial Clause of the Sixth
Amendment.

20. Integration Clause

The United States and Defendant acknowledge that this document
constitutes the entire Plea Agreement between the United States and Defendant,
and no other promises, agreements, or conditions exist between the United States
and Defendant concerning the resolution of the case.

This Plea Agreement is binding only on the United States Attorney’s Office
for the Eastern District of Washington, and cannot bind other federal, state, or local

authorities.

PLEA AGREEMENT — 17

—

0 wanna un BP W WN

Case 2:22-cr-00084-TOR ECF No. 40_ filed 11/22/22 PagelD.98 Page 18 of 19

The United States and Defendant agree that this Agreement cannot be
modified except in a writing that is signed by the United States and Defendant.

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

ae t="

Date

es L | /22) 20.
Dan Fruthte Date |
Assistant Vnited States Attorney

I have read this Plea Agreement and I have carefully reviewed and discussed
every part of this Plea Agreement with my attorney. I understand the terms of this
Plea Agreement. I enter into this Plea Agreement knowingly, intelligently, and
voluntarily. 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 promises or inducements have been made to me, other than those contained
in this Plea Agreement. No one has threatened or forced me in any way to enter

into this Plea Agree . [agree to plead guilty because I am guilty.

Li WA M1 'PPD PIP?

| SteShen Lawrence Mytphy Date

Defendant

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

agreement with my client. The Plea Agreement accurately and completely sets

PLEA AGREEMENT — 18


Oo ON DB WA BR W NO

PO NO BP HN HP HO KH KN HN HY ee HK HP HF KP ESE Se ee
oN DN A BP WY NYO KF DBD Oo WBnANn HDB A BPW NY YK CO

Case 2:22-cr-00084-TOR ECFNo. 40 filed 11/22/22 PagelD.99 Page 19 of 19

forth the entirety of the agreement between the parties. I concur in my client’s
decision to plead guilty as set forth in the Plea Agreement. There is no legal

reason why the Court should not accept Defendant’s guilty plea.

Robert M. Seines Date
Attorney for Defendant

PLEA AGREEMENT -— 19

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