Plea Agreement — No. 2:20-cr-20433 (Dkt. 49, E.D. Mich.)

Summary

A plea agreement filed March 29, 2022 in United States v. Samuel George Baker in the U.S. District Court for the Eastern District of Michigan, Case 2:20-cr-20433, before Hon. Paul D. Borman. Baker agrees to plead guilty to Count 1 of the Indictment, charged as wire fraud, and Count 5, aggravated identity theft under 18 U.S.C. § 1028A, which carries a mandatory minimum of 24 months consecutive to any other sentence. The factual basis describes a wire fraud scheme from at least May 8, 2020 through at least July 28, 2020. It states that EIDL benefits were applied for on behalf of fictitious businesses purportedly located in Nevada, with $47,000 in additional losses.

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.223 Filed 03/29/22 Page 1 of 22

United States District Court
Eastern District of Michigan
Southern Division

United States of America,

Plaintiff,
Hon. Paul D. Borman

Vv.
Case No. 20-20488
Samuel George Baker,

Defendant.
/

Plea Agreement

The United States of America and the defendant, Samuel George
Baker, have reached a plea agreement under Federal Rule of Criminal
Procedure 11. The plea agreement’s terms are:

1. Counts of Conviction

The defendant will plead guilty to Counts 1 and 5 of the
Indictment. Count 1 charges the defendant with Wire Fraud under 18
U.S.C. § 1348. Count 5 charges the defendant with Aggravated Identity

Theft under 18 U.S.C. § 1028A.

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2. Statutory Minimum and Maximum Penalties

The defendant understands that the counts to which he is

pleading guilty carry the following minimum and maximum statutory

penalties:
Count 1 Term of imprisonment: 20 years
Fine: $250,000; or twice the loss
Term of supervised release: | 3 years
Count 5 Term of imprisonment: 2 years a
Fine: $250,000; or twice the loss
Term of supervised release: | 1 year

The defendant understands that Count 5 requires a mandatory
minimum sentence of 24 months’ imprisonment and that the Court may
not impose a sentence on that count below the mandatory minimum.

The defendant further understands that his sentence of
imprisonment on Count 5 must run consecutively to his sentence of

imprisonment on any other count of conviction.

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3.

Agreement to Dismiss Remaining Charges

If the Court accepts this agreement and imposes sentence

consistent with its terms, the United States Attorney’s Office for the

Eastern District of Michigan will move to dismiss any remaining

charges in the indictment against the defendant in this case.

Specifically, the United States Attorney’s Office will move to dismiss

count 2- 4, 6, and 7 of the Indictment.

4,

Elements of Count[s] of Conviction

The elements of Count 1 are:

. The defendant devised a scheme to defraud or to obtain money or

property by materially false or fraudulent pretenses,

representations or promises;

. The defendant acted with the intent to defraud; and

. That in advancing, furthering, or carrying out the scheme,

defendant transmitted any writing, signal, or sound by means of a
wire, radio, or television communication in interstate commerce or
caused the transmission of any writing, signal, or sound of some
kind by means of a wire, radio, or television communication in

interstate commerce.

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The elements of Count 5 are:

1. The defendant knowingly used a means of identification of
another person without lawful authority;

2. The defendant knew the means of identification belonged to
another person; and

3. The use of the means of identification occurred during and in
relation to a felony set forth in 18 U.S.C. § 1028A(c), to wit Wire
Fraud in violation of 18 U.S.C. § 1343.

5, Factual Basis

The parties agree that the following facts are true, accurately
describe the defendant’s role in the offenses, and provide a sufficient
factual basis for the defendant’s guilty plea:

A. Count One - Wire Fraud

Beginning at least as early as May 8, 2020, and continuing
through at least July 28, 2020, in the Eastern District of Michigan,
Southern Division, and elsewhere, the Defendant, Samuel George
Baker, with the intent to defraud, knowingly devised and executed a
scheme and artifice to defraud and obtain money and property by

means of materially false and fraudulent pretenses and

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representations. The purpose of the scheme and artifice to defraud was
for Defendant to unlawfully obtain state and federal UI benefits.

In executing this scheme, Baker caused the transmission of
writings, signals, and sounds by means of wire communication in
interstate commerce. Specifically, on a variety of dates—to include July
11, 2020—Baker used fraudulently acquired debit cards, obtained in the
names of more than 10 individual victims, to make ATM withdrawals
throughout the Eastern District of Michigan. Each of these
withdrawals caused a separate, interstate transmission of information
via wire. Baker made these withdrawals with both the intent to defraud
and knowledge of the fact that he was not entitled to UI benefit money -
that had been deposited onto the cards in his possession.

B. Count Five —- Aggravated Identity Theft

On or about June 26, 2020, in the Eastern District of Michigan,
Southern Division, the defendant, Samuel George Baker, did knowingly
possess, use, and transfer, without lawful authority, a means of
identification of another person during and in relation to a felony

enumerated in 18 U.S.C. § 1028A(c), to wit Wire Fraud, in violation of

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18 U.S.C. § 1343, knowing the means of identification belonged to
another actual person.

Specifically, as part of the Wire Fraud scheme set forth in Count
One, Defendant Samuel George Baker, used the name and Social
Security Number assigned to a known individual, M.H., in order to file
an application for Unemployment Insurance benefits with the state of
Pennsylvania. This was one of approximately 35 similar claims filed in
the state of Pennsylvania in the names of various individuals.

6. Stipulated Offenses

The parties stipulate under USSG § 1B1.2(c) that the defendant
has committed the following additional offenses and that his sentencing
guidelines should be calculated as if he had been convicted of additional
counts charging those offenses:

One or more additional counts of Wire Fraud, in violation of 18
U.S.C. § 1848, pertaining to a related scheme to defraud the Small
Business Administration’s Economic Injury Disaster Loan (KIDL)
program, with $47,000 in additional losses stemming from said scheme.
The fraudulent EIDL benefits were applied for on behalf of fictitious

businesses purportedly located in the state of Nevada.

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7. Advice of Rights

The defendant has read the Indictment, has discussed the charges
and possible defenses with his attorney, and understands the crimes
charged. The defendant understands that, by pleading guilty, he is.
waiving many important rights, including the following:

A. The right to plead not guilty and to persist in that plea;

-B. The right to a speedy and public trial by jury;

C. The right to the assistance of an attorney at every critical

stage of the proceedings, including trial;

D. The right to an appointed attorney, if the defendant cannot

afford to retain one;

Ki. The right to be presumed innocent and to require the

government to prove the defendant guilty beyond a reasonable

doubt at trial;

EF. The right to confront and cross-examine adverse witnesses

at trial;

G. The right to testify or not to testify at trial, whichever the .

defendant chooses;

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H. Ifthe defendant chooses not to testify, the right to have the
jury informed that it may not treat that choice as evidence of guilt;
I. The right to present evidence or not to present evidence at
trial, whichever the defendant chooses; and

J. The right to compel the attendance of witnesses at trial.

8. Collateral Consequences of Conviction

The defendant understands that his convictions here may carry
additional consequences under federal or state law. The defendant
understands that, if his not a United States citizen, his convictions here
may require him to be removed from the United States, denied
citizenship, and denied admission to the United States in the future.
The defendant further understands that the additional consequences of
his convictions here may include, but are not limited to, adverse effects
on the defendant’s immigration status, naturalized citizenship, right to
vote, right to carry a firearm, right to serve on a jury, and ability to hold
certain licenses or to be employed in certain fields. The defendant
understands that no one, including the defendant’s attorney or the
Court, can predict to a certainty what the additional consequences of

the defendant’s convictions might be. The defendant nevertheless

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affirms that the defendant chooses to plead guilty regardless of any
immigration or other consequences from his convictions.

9. Defendant’s Guideline Range
A. Court’s Determination

The Court will determine the defendant’s guideline range at
sentencing.

B. Acceptance of Responsibility

The government recommends under Federal Rule of Criminal
Procedure 11(c)(1)(B) that the defendant receive a two-level reduction
for acceptance of responsibility under USSG § 38E1.1(a) for his guideline
calculation on Count 1. Further, if the defendant’s offense level is 16 or
greater and the defendant is awarded the two-level reduction under
USSG § 3E1.1(a), the government recommends that the defendant
receive an additional one-level reduction for acceptance of responsibility
under USSG § 3E1.1(b). If, however, the government learns that the
defendant has engaged in any conduct inconsistent with acceptance of
responsibility—including, but not limited to, making any false
statement to, or withholding information from, his probation officer;

obstructing justice in any way; denying his guilt on the offenses to

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.232 Filed 03/29/22 Page 10 of 22

which he is pleading guilty; committing additional crimes after pleading
| guilty; or otherwise demonstrating a lack of acceptance of responsibility
as defined in USSG § 38E1.1—the government will be released from its
obligations under this paragraph, will be free to argue that the
defendant not receive any reduction for acceptance of responsibility
under USSG § 8E1.1, and will be free to argue that the defendant
receive an enhancement for obstruction of Justice under USSG § 3C 1.1.

C. Other Guideline Recommendations

The parties also recommend under Federal Rule of Criminal
Procedure 11(c)(1)(B) that the following guideline provisions apply to
the defendant’s guideline calculation on Count 1:

e § 2B1.1(a)(1) — Base Offense Level: 7

e § 2B1.1(b)(1)(G) — Loss between $250,000 and $550,000
(Increase offense level by 12)

e § 2B1.1(b)(2) — Offense involved 10 or more victims
(Increase offense level by 2)

e § 2B1.1(b)(11) — Offensive involved production or trafficking of

any unauthorized access device or counterfeit access device
(Increase offense level by 2)

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D. Factual Stipulations for Sentencing Purposes

The parties have no additional factual stipulations for sentencing
purposes.

EK. Parties’ Obligations

Both the defendant and the government agree not to take any
position or make any statement that is inconsistent with any of the -
guideline recommendations or factual stipulations in paragraphs 9.B,
9.C, or 9.D. Other than the guideline recommendations and factual
stipulations in those paragraphs, however, neither party is restricted in
what it may argue or present to the Court as to the defendant’s
guldeline calculation.

F, Nota Basis to Withdraw

The defendant understands that he will have no right to withdraw
from this agreement or withdraw his guilty plea if he disagrees, in any
way, with the guideline range determined by the Court, even if that
guideline range does not incorporate the parties’ recommendations or
factual stipulations in paragraphs 9.B, 9.C, or 9.D. The government
likewise has no right to withdraw from this agreement if it disagrees

with the guideline range determined by the Court.

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10. Imposition of Sentence
A. Court’s Obligation

The defendant understands that in determining his sentence, the
Court must calculate the applicable guideline range at sentencing and
must consider that range, any possible departures under the sentencing
guidelines, and the sentencing factors listed in 18 U.S.C, § 8553(a), and
apply any applicable mandatory minimums.

B. Imprisonment

1. Recommendation
Under Federal Rule of Criminal Procedure 11(c)(1)(B), the
government recommends that the defendant’s sentence of imprisonment
on Count 1 not exceed the top of the defendant’s guideline range as
determined by the Court.
2. No Right to Withdraw
The government’s TSC in paragraph 10.B.1 is not
binding on the Court. The defendant understands that he will have no
right to withdraw from this agreement or withdraw his guilty plea if the
Court decides not to follow the government’s recommendation. The

government likewise has no right to withdraw from this agreement if

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.235 Filed 03/29/22 Page 13 of 22

the Court decides not to follow the government's recommendation. If
however, the Court rejects or purports to reject any other term or terms
of this plea agreement, the government will be permitted to withdraw
from the agreement.

C. Supervised Release
Ty Recommendation

Under Federal Rule of Criminal Procedure 11(c)(1)(B), the parties ©
recommend that the Court impose a 3-year term of supervised release.

2. No Right to Withdraw

The parties’ recommendation is not binding on the Court. The
defendant understands that he will have no right to withdraw from this
agreement or withdraw his guilty plea if the Court decides not to follow
the parties’ recommendation. The defendant also understands that the
sowermnrent’s recommendation concerning the length of the defendant’s
sentence of imprisonment, as described above in paragraph 10.B.1, will
not apply to or limit any term of imprisonment that results from any
later revocation of the defendant’s supervised release.

D. Fines

There is no recommendation or agreement as to a fine.

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EK. Restitution

The Court must order restitution to every identifiable victim of
the defendant’s offense. The parties agree that restitution is due to the.
following victims in the following amounts:

State of Michigan: $42,640

State of Pennsylvania: $324,814

Small Business Administration: $47,000

Further, if it is later determined that either of the state victims
are not the ultimate bearers of the full amount of these losses given the
state-and-federal partnership that resulted in the outlay of the stolen
funds, Defendant agrees to any necessary re-apportionment of the
above losses, so as to ensure that restitution is earmarked to the
appropriate government agencies.

The 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. 18 U.S.C. §§ 3612(c) and
3613. If the Court imposes a schedule of payments, the 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

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.237 Filed 03/29/22 Page 15 of 22

the methods by which the United States may immediately enforce the
judgment in full.

The defendant agrees to make a full presentence disclosure of his
financial status to the United States Attorney’s Office by completing a
Financial Disclosure Form and the accompanying releases for the
purpose of determining his ability to pay restitution. The defendant
agrees to complete and return the Financial Disclosure Form within
three weeks of receiving it from government counsel. The defendant
agrees to participate in a presentencing debtor’s examination if
requested to do so by government counsel.

F. Forfeiture

The defendant agrees to forfeit to the United States any property,
real or personal, which constitutes, or is derived from, proceeds
traceable to his violation of 18 U.S.C. § 1848, as charged in Count 1 of
the Indictment, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C.
§ 2461(c). Such property includes, but is not limited to:

e $187,200.00 in U.S. Currency found in ueafous places within

the residence at XXXXX Violet Drive, Southfield, MI;

e Miscellaneous Jewelry, including:
o Rolex Presidential Oyster Perpetual, S/N: S0V08440, Model:

2182385

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.238 Filed 03/29/22 Page 16 of 22

o Rolex Submariner, S/N: 3V896755, Model: 126715CHNR

0 Rolex Sky Dweller, S/N: 0883N0791, Model: 326935

o Rolex Masterpiece Tridor, S/N: K557358, Model: 18948; and
e Ten gold coins from the residence at XXXXX Violet Drive,
Southfield, MI 48076
(collectively, “Subject Property’). |

The defendant agrees to the entry of one or more orders of
forfeiture, including the entry of a Preliminary Order of Forfeiture,
incorporating the forfeiture of the Subject Property following the
defendant’s guilty plea, upon application by the United States at, or any
time before, his sentencing in this case as mandated by Federal Rule of
Criminal Procedure 82.2. The defendant agrees that the forfeiture
order(s) will become final as to him at the time entered by the Court.

In entering into this agreement with respect to forfeiture, the
defendant expressly waives his right to have a jury determine the
forfeitability of his interest in the Subject Property as provided by

Federal Rule of Criminal Procedure 32.2(b)(5).

The defendant knowingly, voluntarily, and intelligently waives all

constitutional and statutory challenges to the above-described forfeiture

based upon the Excessive Fines Clause of the Eighth Amendment to the

United States Constitution. The defendant further agrees to hold the

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United States, its agents and employees, and any federal and local law
enforcement agency involved with this matter harmless from any claims
whatsoever in connection with the seizure, detention, forfeiture and/or
destruction of the Subject Property.

The defendant acknowledges that he understands that the
forfeiture of assets is part of the sentence that may be imposed in this
case and waives his right to challenge any failure by the court to advise
him of this pursuant to Federal Rule of Criminal Procedure 11(b)(1)(J).
The defendant further waives the requirements of Federal Rules of
Criminal Procedure 32.2 and 48(a) regarding notice of the forfeiture in
the charging instrument, announcement of the forfeiture at sentencing,
and incorporation of the forfeiture in the judgment.

Upon entry by the Court of an Order of Restitution as part of the
Judgment of Conviction in this criminal case, the United States
Attorney's Office for the Eastern District of Michigan agrees to prepare
a Request for Restoration of Forfeited Assets to Known Victim(s). The
Request for Restoration will be submitted to the Department of Justice,
Criminal Division, Money Laundering and Asset Recovery Section

(MLARS) for determination. Defendant acknowledges that no

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.240 Filed 03/29/22 Page 18 of 22

representation has been made to him, however, as to the outcome of
such a Request for Restoration, and understands that MLARS may
grant the Request for Restoration, may grant in-part the Request for
Restoration, or may deny the Request for Restoration. Defendant
expressly acknowledges that the Request for Restoration may be denied
and that no representations have been made to him by or on behalf of
the United States Attorney's Office or the Department of Justice as to
the likelihood that such a Request will or would be granted.

G. Special Assessment

The defendant understands that he will be required to pay a
special assessment of $200, due immediately upon sentencing.

11. Appeal Waiver

The defendant waives any right he may have to appeal his
conviction on any grounds. If the defendant’s sentence of imprisonment
on Count 1 does not exceed 46 months, the defendant also waives any
right he may have to appeal his sentence on any grounds.

12. Collateral Review Waiver |

The defendant retains the right to raise claims alleging ineffective

assistance of counsel, as long as the defendant properly raises those

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.241 Filed 03/29/22 Page 19 of 22

claims by collateral review under 28 U.S.C, § 2255, The defendant also
retains the right to pursue any relief permitted under 18 U.S.C.

§ 3582(c), as long as the defendant properly files a motion under that
section. The defendant, however, waives any other right he may have to
challenge his conviction or sentence by collateral review, including, but
not limited to, any right he may have to challenge his conviction or
sentence on any grounds under 28 U.S.C. § 2255, 28 U.S.C. § 2241, or
Federal Rule of Civil Procedure 59 or 60.

13. Consequences of Withdrawal of Guilty Plea
or Vacation of Judgment

If the defendant is allowed to withdraw his guilty pleas, or if the
defendant’s convictions or sentence under this agreement is vacated,
the government may reinstate any charges against the defendant that
were dismissed as part of this agreement and may file additional
charges against the defendant relating, directly or indirectly, to any of
the conduct underlying the defendant’s guilty plea or any relevant
conduct. If the government reinstates any charges or files any
additional charges as permitted by this paragraph, the defendant

waives his right to challenge those charges on the ground that they 7

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.242 Filed 03/29/22 Page 20 of 22

were not filed in a timely manner, including any claim that they were
filed after the limitations period expired.

14. Use of Withdrawn Guilty Plea

The defendant agrees that if he is permitted to withdraw his
guilty plea for any reason, he waives all of his rights under Federal
Rule of Evidence 410, and the government may use his guilty plea, any
statement that the defendant made at his guilty plea hearing, and the
factual basis set forth in this agreement, against the defendant in any
proceeding.

15. Parties to Plea Agreement

This agreement does not bind any government agency except the
United States Attorney’s Office for the Eastern District of Michigan.

16. Scope of Plea Agreement

This plea agreement is the complete agreement between the
parties and supersedes any other snenmlaas, representations,
understandings, or agreements between the parties concerning the
subject matter of this agreement that were made at any time before the
guilty plea is entered in court. Thus, no oral or written promises made

by the government to the defendant or to the attorney for the defendant

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Case 2:20-cr-20433-PDB-APP ECF No. 49, PagelD.243 Filed 03/29/22 Page 21 of 22

at any time before the defendant pleads guilty are binding except to the
extent they have been explicitly incorporated into this plea agreement.
If the parties have entered, or subsequently enter, into a written proffer
or cooperation agreement, though, this plea agreement does not
supersede or abrogate the terms of that agreement. This plea
agreement also does not prevent any civil or administrative actions
against the defendant, or any forfeiture claim against any property, by

the United States or any other party.

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17. Acceptance of Agreement by Defendant

This plea offer expires unless it has been received, fully signed, in
the United States Attorney’s Office by 5:00PM on March 4, 2022. The
government may withdraw from this agreement at any time before the
seconde pleads guilty.

Dawn N. Ison
United States A

Coke K Weal
J6éhn K. Neal (yan a Particka
Chief, White Collar Crime Unit Assistant United States Attorney

Assistant United States Attorney
Dated: March 3, 2022

By signing below, the defendant and his attorney agree that the
defendant has read or been read this entire document, has discussed it
with his attorney, and has had a full and complete opportunity to confer
with his attorney. The defendant further agrees that he understands
this entire document, agrees to its terms, has had all of his questions
answered by his attorney, and is satisfied with his attorney’s advice and
representation.

fendi. ee ane

Stéven E. Scharg Samuel Gedrge Baker
Attorney for ae Defendant

Dated: March 29, 2022

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