Plea agreement — United States v. Jackson (C.D. Cal.)

Record facts

UNITED STATES DISTRICT COURT · No. 2:23-cr-00210-DSF · Doc. 42 · 2024-07-17 · Docket on CourtListener

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E. MARTIN ESTRADA 
United States Attorney 
MACK E. JENKINS 
Assistant United States Attorney 
Chief, Criminal Division 
ANDREW BROWN (Cal. Bar No. 172009) 
Assistant United States Attorney 
Major Frauds Section 
1100 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-0102 
Facsimile: (213) 894-6269 
E-mail:  
andrew.brown@usdoj.gov 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
BOBBY JOE JACKSON JR.,  
 
Defendant. 
 
No. 2:23-CR-210-DSF 
PLEA AGREEMENT FOR DEFENDANT 
BOBBY JOE JACKSON JR. 
 
1. 
This constitutes the plea agreement between BOBBY JOE 
JACKSON JR. (“defendant”), and the United States Attorney’s Office 
for the Central District of California (the “USAO”) in the above-
captioned case.  This agreement is limited to the USAO and cannot 
bind any other federal, state, local, or foreign prosecuting, 
enforcement, administrative, or regulatory authorities. 
DEFENDANT’S OBLIGATIONS 
2. 
Defendant agrees to: 
a) 
At the earliest opportunity requested by the USAO and 
provided by the Court, appear and plead guilty to Count One of the 
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indictment, which charges defendant with Conspiracy to Commit Bank 
Fraud, in violation of 18 U.S.C. § 1349.  
b) 
Not contest facts agreed to in this agreement. 
c) 
Abide by all agreements regarding sentencing 
contained in this agreement.    
d) 
Appear for all court appearances, surrender as 
ordered for service of sentence, obey all conditions of any bond, 
and obey any other ongoing court order in this matter. 
e) 
Not commit any crime; however, offenses that would be 
excluded for sentencing purposes under United States Sentencing 
Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are 
not within the scope of this agreement. 
f) 
Be truthful at all times with Pretrial Services, the 
United States Probation Office, and the Court. 
g) 
Pay the applicable special assessment at or before 
the time of sentencing unless defendant lacks the ability to pay and 
prior to sentencing submits a completed financial statement on a 
form to be provided by the USAO. 
h) 
Not bring a post-conviction collateral attack on the 
conviction or sentence except a post-conviction collateral attack 
based on a claim of ineffective assistance of counsel. 
i) 
Not move to withdraw defendant's guilty plea. 
j) 
Not file a notice of appeal, unless the term of 
imprisonment imposed exceeds fifteen years. 
k) 
Support the government’s request that defendant’s 
supervised release include the following search condition: 
 
Defendant shall submit defendant’s person and any 
property, residence, vehicle, papers, computer, other 
electronic communication or data storage devices or media, 
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and effects to search and seizure at any time of the day 
or night by any law enforcement or probation officer, with 
or without a warrant, and with or without cause. If 
stopped or questioned by a law enforcement officer for any 
reason, defendant shall notify that officer that defendant 
is on federal supervised release and subject to search 
with or without cause. 
THE USAO’S OBLIGATIONS 
3. 
The USAO agrees to: 
a) 
Not contest facts agreed to in this agreement. 
b) 
At the time of sentencing, move to dismiss the 
remaining counts of the indictment as against defendant.  Defendant 
understands, however, that at the time of sentencing the Court may 
consider any dismissed charges in determining the applicable 
Sentencing Guidelines range, the propriety and extent of any 
departure from that range, and the sentence to be imposed. 
NATURE OF THE OFFENSE 
4. 
Defendant understands that for defendant to be guilty of 
conspiracy to commit bank fraud, in violation of Title 18, United 
States Code, Section 1349, the following must be true:  First, 
during the time period alleged in the indictment there was an 
agreement between two or more persons to commit bank fraud; Second, 
defendant became a member of the conspiracy knowing of its object 
and intending to help accomplish it.  The elements of bank fraud, in 
turn, are as follows:  First, defendant knowingly carried out a 
scheme or plan to obtain money or property from a financial 
institution by making false statements or promises; Second, 
defendant knew that the statements or promises were false; Third, 
the statements or promises were material, that is, they had a 
natural tendency to influence, or were capable of influencing, a 
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financial institution to part with money or property; Fourth, the 
defendant acted with the intent to defraud; and Fifth, the financial 
institution meets the definition set forth in 18 U.S.C. Section 20.  
That Section defines a mortgage lending business whose activities 
affect interstate commerce as a “financial institution.”  
PENALTIES AND RESTITUION  
5. 
Defendant understands that the statutory maximum sentence 
that the Court can impose for a violation of Title 18, United States 
Code, Sections 1349, 1344, is: 30 years imprisonment; a five-year 
period of supervised release; a fine of $1,000,000, or twice the 
gross gain or loss, whichever is greatest; and a mandatory special 
assessment of $100. 
6. 
Defendant understands that supervised release is a period 
of time following imprisonment during which defendant will be 
subject to various restrictions and requirements.  Defendant 
understands that if defendant violates one or more of the conditions 
of any supervised release imposed, defendant may be returned to 
prison for all or part of the term of supervised release authorized 
by statute for the offense that resulted in the term of supervised 
release, which could result in defendant serving a total term of 
imprisonment greater than the statutory maximum stated above.   
7. 
Defendant understands that, by pleading guilty, defendant 
may be giving up valuable government benefits and valuable civic 
rights, such as the right to vote, the right to possess a firearm, 
the right to hold office, and the right to serve on a jury.  
Defendant understands that once the court accepts defendant’s guilty 
plea, it will be a federal felony for defendant to possess a firearm 
or ammunition.  Defendant understands that the conviction in this 
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case may also subject defendant to various other collateral 
consequences, including but not limited to revocation of probation, 
parole, or supervised release in another case and suspension or 
revocation of a professional license.  Defendant understands that 
unanticipated collateral consequences will not serve as grounds to 
withdraw defendant’s guilty plea. 
8. 
Defendant understands that defendant will be required to 
pay full restitution to the victims of the offense to which 
defendant is pleading guilty.  Defendant agrees that, in return for 
the USAO’s compliance with its obligations under this agreement, the 
Court may order restitution to persons other than the victims of the 
offenses to which defendant is pleading guilty and in amounts 
greater than those alleged in the count to which defendant is 
pleading guilty.  In particular, defendant agrees that the Court may 
order restitution to any victim of any of the following for any 
losses suffered by that victim as a result: (a) any relevant 
conduct, as defined in U.S.S.G. § 1B1.3, in connection with the 
offenses to which defendant is pleading guilty; and (b) any counts 
dismissed and charges not prosecuted pursuant to this agreement as 
well as all relevant conduct, as defined in U.S.S.G. § 1B1.3, in 
connection with those counts and charges.  The parties have no other 
agreement regarding restitution, including the applicable amount. 
FACTUAL BASIS 
9. 
Defendant admits that defendant is, in fact, guilty of the 
offense to which defendant is agreeing to plead guilty.  Defendant 
and the USAO agree to the statement of facts provided below and 
agree that this statement of facts is sufficient to support a plea 
of guilty to the charges described in this agreement and to 
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establish the Sentencing Guidelines factors set forth below but is 
not meant to be a complete recitation of all facts relevant to the 
underlying criminal conduct or all facts known to either party that  
relate to that conduct. 
 
Beginning in 2020, and continuing through July 28, 2022, there 
was an agreement between two or more persons to commit bank 
fraud.  Defendant became a member of that conspiracy knowing of 
its object and intending to help accomplish it.  In furtherance 
of the conspiracy, defendant, acting with the intent to 
defraud, submitted false applications for Paycheck Protection 
Program (PPP) loans for himself and some of his co-
conspirators. In these applications, defendant included 
fictitious income statements to trick lenders into extending  
PPP loans that would not otherwise have been made.  In April of 
2021, Capital Plus Financial funded two of these PPP loans, 
each for $20,832, based on defendant’s fraudulent applications.   
Capital Plus Financial is a mortgage lending business whose 
activities affect interstate commerce, and is certified by the 
Treasury as a Community Development Financial Institution. 
SENTENCING FACTORS 
10. 
Defendant understands that in determining defendant’s 
sentence the Court is required to calculate the applicable 
Sentencing Guidelines range and to consider that range, possible 
departures under the Sentencing Guidelines, and the other sentencing 
factors set forth in 18 U.S.C. § 3553(a).  Defendant understands 
that the Sentencing Guidelines are advisory only, that defendant 
cannot have any expectation of receiving a sentence within the 
calculated Sentencing Guidelines range, and that after considering 
the Sentencing Guidelines and the other § 3553(a) factors, the Court 
will be free to exercise its discretion to impose any sentence it 
finds appropriate up to the maximum set by statute for the crimes of 
conviction. 
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WAIVER OF CONSTITUTIONAL RIGHTS 
11. 
Defendant understands that by pleading guilty, defendant 
gives up the following rights: 
a) 
The right to persist in a plea of not guilty. 
b) 
The right to a speedy and public trial by jury. 
c) 
The right to be represented by counsel – and if 
necessary have the court appoint counsel - at trial.  Defendant 
understands, however, that, defendant retains the right to be 
represented by counsel – and if necessary have the court appoint 
counsel – at every other stage of the proceeding. 
d) 
The right to be presumed innocent and to have the 
burden of proof placed on the government to prove defendant guilty 
beyond a reasonable doubt. 
e) 
The right to confront and cross-examine witnesses 
against defendant. 
f) 
The right to testify and to present evidence in 
opposition to the charges, including the right to compel the 
attendance of witnesses to testify. 
g) 
The right not to be compelled to testify, and, if 
defendant chose not to testify or present evidence, to have that 
choice not be used against defendant. 
h) 
Any and all rights to pursue any affirmative 
defenses, Fourth Amendment or Fifth Amendment claims, and other 
pretrial motions that have been filed or could be filed. 
LIMITED WAIVER OF DISCOVERY 
12. 
In exchange for the government's obligations under this 
agreement, defendant gives up any right he may have had to review 
the additional discovery. 
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WAIVER OF APPEAL OF CONVICTION 
13. 
Defendant understands that, with the exception of an 
appeal based on a claim that defendant’s guilty pleas were 
involuntary, by pleading guilty defendant is waiving and giving up 
any right to appeal defendant’s convictions on the offenses to which 
defendant is pleading guilty.  
LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE 
14. 
Defendant agrees that, provided the Court imposes a term 
of imprisonment of no more than fifteen years, defendant gives up 
the right to appeal all of the following: (a) the procedures and 
calculations used to determine and impose any portion of the 
sentence; (b) the term of imprisonment imposed by the Court; (c) the 
fine imposed by the court, provided it is within the statutory 
maximum; (d) the term of probation or supervised release imposed by 
the Court, provided it is within the statutory maximum; (e) the 
amount and terms of any restitution order, provided it requires 
payment of no more than $1,000,000; and (f) the conditions of 
probation or supervised release imposed by the Court. 
15. 
Defendant also gives up any right to bring a post-
conviction collateral attack on the convictions or sentence, 
including any order of restitution, except a post-conviction 
collateral attack based on a claim of ineffective assistance of 
counsel, a claim of newly discovered evidence, or an explicitly 
retroactive change in the applicable Sentencing Guidelines, 
sentencing statutes, or statutes of conviction.  
16. 
The USAO gives up its right to appeal any portion of the 
sentence unless defendant files a notice of appeal, in which case 
the USAO is free to cross-appeal every aspect of the sentence. 
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RESULT OF WITHDRAWAL OF GUILTY PLEA 
17. 
Defendant agrees that if, after entering a guilty plea 
pursuant to this agreement, defendant seeks to withdraw and succeeds 
in withdrawing defendant’s guilty plea on any basis other than a 
claim and finding that entry into this plea agreement was 
involuntary, then (a) the USAO will be relieved of all of its 
obligations under this agreement; and (b) should the USAO choose to 
pursue any charge that was either dismissed or not filed as a result 
of this agreement, then (i) any applicable statute of limitations 
will be tolled between the date of defendant’s signing of this 
agreement and the filing commencing any such action; and 
(ii) defendant waives and gives up all defenses based on the statute 
of limitations, any claim of pre-indictment delay, or any speedy 
trial claim with respect to any such action, except to the extent 
that such defenses existed as of the date of defendant’s signing 
this agreement. 
EFFECTIVE DATE OF AGREEMENT 
18. 
This agreement is effective upon signature and execution 
of all required certifications by defendant, defendant’s counsel, 
and an Assistant United States Attorney. 
BREACH OF AGREEMENT 
19. 
Defendant agrees that if defendant, at any time after the 
signature of this agreement and execution of all required 
certifications by defendant, defendant’s counsel, and an Assistant 
United States Attorney, knowingly violates or fails to perform any 
of defendant’s obligations under this agreement (“a breach”), the 
USAO may declare this agreement breached.  All of defendant’s 
obligations are material, a single breach of this agreement is 
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sufficient for the USAO to declare a breach, and defendant shall not 
be deemed to have cured a breach without the express agreement of 
the USAO in writing.  If the USAO declares this agreement breached, 
and the Court finds such a breach to have occurred, then: (a) if 
defendant has previously entered a guilty plea pursuant to this 
agreement, defendant will not be able to withdraw the guilty pleas, 
(b) the USAO will be relieved of all its obligations under this 
agreement, and (c) defendant will still be bound by defendant’s 
obligations under this agreement. 
20. 
Following the Court’s finding of a knowing breach of this 
agreement by defendant, should the USAO choose to pursue any charge 
that was either dismissed or not filed as a result of this 
agreement, then: 
a) 
Defendant agrees that any applicable statute of 
limitations is tolled between the date of defendant’s signing of 
this agreement and the filing commencing any such action. 
b) 
Defendant waives and gives up all defenses based on 
the statute of limitations, any claim of pre-indictment delay, or 
any speedy trial claim with respect to any such action, except to 
the extent that such defenses existed as of the date of defendant’s 
signing this agreement. 
c) 
Defendant agrees that: (i) any statements made by 
defendant, under oath, at the guilty plea hearing (if such a hearing 
occurred prior to the breach); (ii) the agreed to factual basis 
statement in this agreement; and (iii) any evidence derived from 
such statements, shall be admissible against defendant in any such 
action against defendant, and defendant waives and gives up any 
claim under the United States Constitution, any statute, Rule 410 of 
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the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of 
Criminal Procedure, or any other federal rule, that the statements 
or any evidence derived from the statements should be suppressed or 
are inadmissible. 
COURT AND PROBATION OFFICE NOT PARTIES 
21. 
Defendant understands that the Court and the United States 
Probation Office are not parties to this agreement and need not 
accept any of the USAO’s sentencing recommendations or the parties’ 
agreements to facts or sentencing factors.   
22. 
Defendant understands that both defendant and the USAO are 
free to: (a) supplement the facts by supplying relevant information 
to the United States Probation Office and the Court, (b) correct any 
and all factual misstatements relating to the Court’s Sentencing 
Guidelines calculations and determination of sentence, and (c) argue 
on appeal and collateral review that the Court’s Sentencing 
Guidelines calculations and the sentence it chooses to impose are 
not error, although each party agrees to maintain its view that the 
calculations in the plea agreement are consistent with the facts of 
this case.  While this paragraph permits both the USAO and defendant 
to submit full and complete factual information to the United States 
Probation Office and the Court, even if that factual information may 
be viewed as inconsistent with the facts agreed to in this 
agreement, this paragraph does not affect defendant’s and the USAO’s 
obligations not to contest the facts agreed to in this agreement.   
23. 
Defendant understands that even if the Court ignores any 
sentencing recommendation, finds facts or reaches conclusions 
different from those agreed to, and/or imposes any sentence up to 
the maximum established by statute, defendant cannot, for that 
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