Plea Agreement — No. 1:21-cr-00380 (Dkt. 3, M.D. Pa.)

Summary

A plea agreement filed December 13, 2021 in United States v. Jonathan Olivetti, Case 1:21-cr-00380, in the U.S. District Court for the Middle District of Pennsylvania. Olivetti agrees to waive indictment and plead guilty to a felony Information charging wire fraud under Title 18, United States Code, §1343. The listed maximum penalty is 20 years' imprisonment, a fine of $250,000, a term of supervised release of up to 3 years and a $100 assessment. Olivetti also agrees to take part in the Inmate Financial Responsibility Program if the sentence includes a fine or restitution and a prison term.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 1:21-cr-00380-JPW Document 3 Filed 12/13/21 Page 1 of 26




                 UMTED STATES DISTRICT COIIRT
               MIDDLE DISTRICT OF PENNSYLVANIA

IJMTED STATES OF AMERICA                No.3:21-CR'

           v                            (Juage Wilson)

JONATHAN OLIVETTI,                      (electronically frIed)
                 Defendant

                          PLEAAGREEMENT

     The following Plea Agreement is entered by the United States

Attorney for the Middle District of Pennsylvania and the above-

captioned defendant. Any reference to the United States or to the

Government in this Agreement shall mean the Office of the United

States Attorney for the Middle District of Pennsylvania.

A. Violation(s). Penalties. atrd Disniesal of Other Counts

    1. Waiver of Indictment/Plea of Guiltv. The defendant a grees to
       waive indictment by a grand jury and plead guilty to a felony

       Information, which will be filed against the defendant by the

       United States Attorney for the Middle District of Pennsylvania.

       That Information will charge the defendant with a violation of

       Title 18, United States Code, $1343, Wire Fraud. The

       maximum penalty for that offense is imprisonment for a period

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  of20 years, a fine of$250,000, a maximum term ofsupervised

  release of 3 years, to be determined by the Court, which shall be

  served at the conclusion ofand in addition to any term of

 imprisonment, the costs ofprosecution, denial ofcertain federal

 benefits, and an assessment in the amount of $100. At the time

 the guilty plea is entered, the defendant shall admit to the

 Court that the defendant is, in fact, guilty ofthe offense charged

 in the Information. The defendant agrees that the United

 States may, at its sole election, reinstate any dismissed charges

 or seek additional charges in the event that any guilty plea

 entered or sentence imposed pursuant to this Agreement is

 subsequently vacated, set aside, or invalidated by any Court.

 The defendant further agrees to waive any defenses to

 reinstatement of those charges, or the filing of additional

 charges, based upon laches, the assertion ofspeedy trial rights,

 any applicable statute of limitations, or any other ground. The

 calculation of time under the Speedy Trial Act for when trial

 must commence is tolled as of the date of the defendant's
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       signing of this Agreement, until either (d the defendant pleads

       g'uilty; or (b) a new date is set by the Court for commencement

       of trial.

   2. Venue Waiver. The defendant agrees to knowingly waive the
       right to challenge venue over the charged offense in the United

       States District Court for the Middle District of Pennsvlvania.

   3. No Further Prosecution, Exceptlax eharees. The United
       States Attorney's Office for the Middle District of Pennsylvania

       agrees that it will not bring any other criminal charges against

       the defendant directly arising out ofthe defendant's

       involvement in the offense described above. However, nothing

       in this Agreement will limit prosecution for criminal tax

       charges, if any, arising out of those offenses.

B. Fines and Assessments
   4. Fine. The defendant understands that the Court may impose a
      fine pursuant to the Sentencing Reform Act of 1984. The willful

      failure to pay any fine imposed by the Court, in full, may be

      considered a breach of this Plea Agreement. Further, the
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      defendant acknowledges that willful failure to pay the fine may

      subject the defendant to additional criminal violations and civil

      penalties pursuant to Title 18, United States Code, $ 3611, et

      seq.

5                 Fine. The defendant understands that under the

      alternative fine section of Title 18, United States Code, $ 3571,

     the maximum fine quoted above may be increased if the Court

     finds that any person derived pecuniary gain or suffered

     pecuniary loss from the offense and that the maximum fine to

     be imposed, if the Court elects to proceed in this fashion, could

     be twice the amount of the gross gain or twice the amount of the

     gross loss resulting from the offense.

6    I nmate Financial Re sponsibilitv Prosr am. If the Court orders a
     fine or restitution as part ofthe defendant's sentence, and the

     sentence includes a term of imprisonment, the defendant agrees

     to voluntarily enter the United States Bureau of Prisons-

     administered program known as the Inmate Financial

     Responsibility Program, through which the Bureau of Prisons
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    will collect up to 50% of the defendant's prison salary, and up to

    50% ofthe balance ofthe defendant's inmate account, and apply

    that amount on the defendant's behalf to the payment of the

    outstanding fine and restitution orders.

7. Special Assessment. The defendant understands that the Court
    will impose a special assessment of $100, pursuant to the

    provisions of Title 18, United States Code, $ 3013. No later

    than the date ofsentencing, the defendant or defendant's

    counsel shall mail a check in payment of the special assessment

    directly to the Clerk, United States District Court, Middle

    District of Pennsylvania. If the defendant intentionallv fails to

    make this payment, that failure may be treated as a breach of

   this Plea Agreement and may result in further prosecution, the

   filing of additional criminal charges, or a contempt citation.

8. Collection ofFinancial Oblieations. In order to facilitate the
   collection of financial obligations imposed in connection with

   this case, the defendant consents and agrees:


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  a.   to fully disclose all assets in which the defendant has an

       interest or over which the defendant has control, directly or

       indirectly, including those held by a spouse, nominee, or

       other third partyi

 b. to submit to interviews by the Government regarding the
       defendant's fi.nancial statusi

 C.    to submit a complete, accurate, and truthful financial

       statement, on the form provided by the Government, to the

       United States Attorney's Office no later than 14 days

       following entry of the guilty pleai

 d. whether represented by counsel or not, to consent to contact
       by and communication with the Government, and to waive

       any prohibition against communication with a represented

       party by the Government regarding the defendant's

       financial statusi

 e     to authonze t}re Government to obtain the defendant's

       credit reports in order to evaluate the defendant's ability to

       satisfy any financial obligations imposed by the Courti and
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         f. to submit any financial information requested by the
            Probation Office as directed, and to the sharing offinancial

            information between the Government and the Probation

            Office.

C. Sen          Guidelines Calculation

  9. Determination of Sentencin s Guidelines. The defendant and
     counsel for both parties agree that the United States Sentencing

     Commission Guidelines, which took effect on November 1, 1987,

     and its amendments (the "sentencing Guidelines"), will apply to

     the offense or offenses to which the defendant is pleading guitty.

     The defendant understands that the Sentencing Guidelines are

     advisory and not binding on the Court. The defendant further

     agrees that any legal and factual issues relating to the

     application of the Sentencing Guidelines to the defendant's

     conduct, including facts to support any specilic offense

     characteristic or other enhancement or adjustment and the

     appropriate sentence within the statutory maximums provided



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       for by Iaw, will be determined by the Court after briefing, a pre-

       sentence hearing, or a sentencing hearing.

   10. Acceptance ofRe sponsibilitv- Two/T hree Levels. Ifthe

       defendant can adequately demonstrate recognition and

       affirmative acceptance of responsibility to the Government as

       required by the Sentencing Guidelines, the Government will

      recommend that the defendant receive a two- or three-Ievel

      reduction in the defendant's offense level for acceptance of

      responsibility. The third level, if applicable, shall be within the

      discretion of the Government under U.S.S.G. $ 3E1.1. The

      failure ofthe Court to find that the defendant is entitled to a

      reduction shall not be a basis to void this Agreement.

D. Sentencine Recommendation
   11. Appropriate Sentence Reco mmendation. At the time of

      sentencing, the United States may make a recommendation

      that it considers appropriate based upon the nature and

      circumstances ofthe case and the defendant's participation in

      the offense, and specifically reserves the right to recommend a
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   sentence up to and including the maximum sentence of

   imprisonment and fine allowable, together with the cost of

   prosecution

12. $pecial Conditions           ion/Supervised Release. If

   probation or a term of supervised release is ordered, the United

   States may recommend that the Court impose one or more

   special conditions, including but not limited to the following:

   a.   The defendant be prohibited from possessing a firearm or

        other dangerous weapon

  b. The defendant make restitution, if applicable, the payment
        of which shall be in accordance with a schedule to be

        determined by the Court.

  C     The defendant pay any fine imposed in accordance with a

        schedule to be determined by the Court.

  d. The defendant be prohibited from incurring new credit
        charges or opening additional lines of credit without

        approval of the Probation Office unless the defendant is in

        compliance with the payment schedule.
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  e    The defendant be directed to provide the Probation Office

       and the United States Attorney access to any requested

       financial inform ation.

  f. The defendant be confined in a community treatment
       center, halfway house, or similar facility.

  g. The defendant be placed under home confi.nement.
  h. The defendant be ordered to perform community service.
  t.   The defendant be restricted from working in certain types of

       occupations or with certain individuals if the Government

       deems such restrictions to be appropriate

  j.   The defendant be directed to attend substance abuse

       counseling, which may include testing to determine whether

       the defendant is using drugs or alcohol.

  k. The defendant be directed to attend psychiatric or
       psychological counseling and treatment in a program

       approved by the Probation Officer.

 l.    The defendant be denied certain federal benefits including

       contracts, grants, loans, fellowships, and licenses.
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       m. The defendant be directed to pay any state or federal taxes
            and file any and all state and federal tax returns as

            required by law.

E. Victims'Rishts and R€etitution
   13. Victims'Rights. The defendant understands that pursuant to

       the Victim and Witness Protection Act, the Crime Victims'

       Rights Act, the Justice for AI1 Act, and the regulations

       promulgated under those Acts by the Attorney General ofthe

       United States, crime victims have the following rights:

       a.   The right to be reasonably protected from the accused;

      b. The right to reasonable, accurate, and timely notice ofany
            public court proceeding or any parole proceeding involving

            the crime, or of any release or escape of the accusedi

      c     The right not to be excluded from any such public court

            proceeding, unless the Court, after receiving clear and

            convincing evidence, determines that testimony by the

            victim would be altered materially if the victim heard other

            testimony at that proceedingi
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  d. The right to be reasonably heard at any public hearing in
      the Court involving release, p1ea, sentencing, or any parole

      proceeding. The defendant understands that the victims'

      comments and recommendations at any of these proceedings

      may be different than those of the parties to this

      Agreementi

  e. The reasonable right to confer with the attorney for the
      Government in the case. The defendant understands that

      the victims'opinions and recommendations given to the

      attorney for the Government may be different than those

      presented by the United States as a consequence of this

      Agreementi

  f. The right to full and timely restitution as provided for by
      Iaw. The attorney for the Government is required to "fully

      advocate the rights of victims on the issue of restitution

     unless such advocacy would unduly prolong or complicate

     the sentencing proceeding," and the Court is authorized to

     order restitution by the defendant including, but not limited
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       to, restitution for property loss, economic loss, personal

       injury, or death;

   g. The right to proceedings free from unreasonable delayi and
   h. The right to be treated with fairness and with respect for
       the victim's dignity and privacy.

14. Restitution. The defendant acknowledges that, pursuant to the

   Mandatory Restitution Act of April 24,1996, Title 18, United

   States Code, $ 36634, the Court is required in all instances to

   order full restitution to all victims for the losses those victims

   have suffered as a result ofthe defendant's conduct. The

   defendant also agrees that the Government will seek, and the

   Court may impose an order of restitution as to victims of the

   defendant's relevant conduct. With respect to the payment of

   restitution, the defendant further agrees that, as part ofthe

   sentence in this matter, the defendant shall be responsible for

   making payment of restitution in full, unless the defendant can

   demonstrate to the satisfaction ofthe Court that the defendant's

  economic ci-rcumstances do not allow for the payment of full
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  restitution in the foreseeable future, in which case the

  defendant wiII be required to make partial restitution

  payments. In addition to the schedule of payments that may be

  established by the Court, the defendant understands and agrees

  that, pursuant to the Mandatory Victims Restitution Act of

  1996 and the Justice For AII Act of 2004, victims of federal

  crimes are entitled to full and timely restitution. As such, these

  payments do not preclude the Government from using other

  assets or income of the defendant to satisfy the restitution

  obligation. The defendant understands and agrees that the

  United States Attorney's Office, by and through the Financial

  Litigation Unit, has the obligation and the right to pursue any

 legal means, including but not limited to, submission of the debt

 to the Treasury Offset Program, to collect the full amount of

 restitution owed to the victims in a timely fashion. Although

 the defendant may reserve the right to contest the amount of

 restitution owed, the defendant agrees to take aII steps to

 facilitate collection of all restitution, including submitting to
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  debtor's exams as directed by the Government. Towards this

  goal, the defendant agrees to waive any further notice of

  forfeiture and agrees that the United States may, at its sole

  election, elect to pursue civil or criminal forfeiture in the

  amount of the victim restitution owed in this case, and the

  Court may enter both a restitution order and a forfeiture

  judgment in the amount of any unpaid restitution found by the

  Court to be due and owing at the time of sentencing in this

  matter. The defendant consents to the filing ofany civil

  complaint or superseding information which may be necessary

  to perfect a forfeiture order and further stipulates and agrees

  that the defendant's guilty plea constitutes an admission to all

  matters legally and factually necessary for entry of a forfeiture

 order in this case. The parties agree that the Government will

 recommend, but cannot guarantee, that any assets recovered

 through forfeiture proceedings be remitted to crime victims to

 reduce the defendant's restitution obligation in this case. The

 defendant acknowledges that the making of any payments does
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        not preclude the Government from using other assets or income

       ofthe defendant to satisfy the restitution obligation. The

       defendant understands that the amount ofrestitution

       calculated for purposes ofChapter 5 ofthe Sentencing

       Guidelines might be different from the amount of loss calculated

       for purposes of Chapter 2 of the Sentencing Guidelines.

    15. Amount of Loss/Restitution. The defendant agrees that 942,000

       is the amount of the loss resulting from the defendant's actions.

       The defendant agrees to make full restitution in the amount of

       $42,000, in accordance with a schedule to be determined bv the

       Court.

F. Information Provided to Court and Probation Office
   16. Backsround Information for Probation Office, The defendant

       understands that the United States will provide to the United

       States Probation Office all information in its possession that the

       United States deems relevant regarding the defendant's

       background, character, cooperation, if any, and involvement in

       this or other offenses.
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17. Obiections to Pre-Sentence Report. The defendant understands

   that pursuant to the United States District Court for the Middle

   District of Pennsylvania's "Policy for Guideline Sentencing,"

   both the United States and defendant must communicate to the

   Probation Officer within 14 days after disclosure of the pre-

   sentence report any objections they may have as to material

   information, sentencing classifications, applicable Sentencing

   Guidelines ranges, and policy statements contained in or

   omitted from the report. The defendant agrees to meet with the

   United States at least five days prior to sentencing in a good

  faith attempt to resolve any substantive differences. If any

  issues remain unresolved, they shall be communicated to the

  Probation Officer for inclusion in an addendum to the pre-

  sentence report. The defendant agrees that unresolved

  substantive objections will be decided by the Court after

  briefing, a pre-sentence hearing, or at the sentencing hearing,

  where the standard or proof will be a preponderance of the

  evidence, and the Federal Rules ofEvidence, other than with
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    respect to privileges, shall not apply under Fed. R. Evid.

    1101(d(3), and the Court may consider any reliable evidence,

    including hearsay. Objections by the defendant to the pre-

    sentence report or the Courb's rulings, will not be grounds for

    withdrawal of a plea of guilty.

18. Relevant Sentenci,ng Information. At sentencing, the United

   States will be permitted to bring to the Court's attention, and

   the Court will be permitted to consider, all relevant information

   about the defendant's background, character and conduct,

   including the conduct that is the subject ofthe charges that the

   United States has agreed to dismiss, and the nature and extent

   of the defendant's cooperation, if any. The United States will be

   entitled to bring to the Court's attention and the Court will be

   entitled to consider any failure by the defendant to fulfiIl any

   obligation under this Agreement.

19. Non-Limitation on Government's Response. Nothing in this

   Agreement shall restrict or limit the nature or content of the

   United States' motions or responses to any motions filed on
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       behalf of the defendant. Nor does this Agreement in any way

       restrict the Government in responding to any request by the

       Court for briefing, argument or presentation of evidence

       regarding the application ofSentencing Guidelines to the

       defendant's conduct, including but not limited to, requests for

      information concerning possible sentencing departures.

G. Court Not Bound bv PIea Asreement
   20. Court Not Bo      by Terms. The defendant understands that

      the Court is not a party to and is not bound by this Agreement,

      or by any recommendations made by the parties. Thus, the

      Court is free to impose upon the defendant any sentence up to

      and including the maximum sentence of imprisonment for 20

      years, a fine of $250,000, a maximum term of supervised release

      ofup to 3 years, which shall be served at the conclusion ofand

      in addition to any term of imprisonment, the costs of

      prosecution, denial of certain federal benefits, and assessments

      totaling $100.


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   21. No Withdrawal of Plea Based on Sentence or Recommendations.

       If the Court imposes a sentence with which the defendant is

       dissatisfied, the defendant will not be permitted to withdraw

       any guilty plea for that reason alone, nor will the defendant be

       permitted to withdraw any guilty plea should the Court decline

       to follow any recommendations by any of the parties to this

      Agreement.

H. Breach of Plea Aseement by Defendant
   22. Breach of A$reement. In the event the United States believes

      the defendant has failed to fulfill any obligation under this

      Agreement, then the United States shall, in its discretion, have

      the option of petitioning the Court to be relieved of its

      obligations under this Agreement. Whether the defendant has

      completely fulfilled all of the obligations under this Agreement

      shall be determined by fhe Court in an appropriate proceeding,

      during which any disclosures and documents provided by the

      defendant shall be admissible, and during which the United

      States shall be required to establish any breach by a
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   preponderance ofthe evidence. In order to establish any breach

   by the defendant, the United States is entitled to rely on

   statements and evidence gl.ven by the defendant during the

   cooperation phase of this Agreement, if any.

23. Remedies for Breach. The defendant and the United States

   agree that in the event the Court concludes that the defendant

   has breached the Agreementl

   a.   The defendant will not be permitted to withdraw any guilty

        plea tendered under this Agreement and agrees not to

        petition for withdrawal of any guilty pleai

   b. The United States will be free to make any
        recommendations to the Court regarding sentencing in this

        C&Se,


   c.   Any evidence or statements made by the defendant during

        the cooperation phase of this Agreement, if any, will be

        admissible at any trials or sentencingsi

   d. The United States will be free to bring any other charges it
        has against the defendant, including any charges originally
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       brought against the defendant or which may have been

       under investigation at the time ofthe plea. The defendant

       waives and hereby agrees not to raise any defense to the

       reinstatement ofthese charges based upon collateral

       estoppel, Double Jeopardy, statute of limitations, assertion

       of Speedy Trial rights, or other similar grounds.

24. Violation of Law While Plea or Sentence Pendin . The

   defendant understands that it is a condition of this Agreement

   that the defendant refrain from any further violations ofstate,

   local, or federal law while awaiting plea and sentencing. The

   defendant acknowledges and agr:ees that if the Government

   receives information that the defendant has committed new

   crimes while awaiting plea or sentencing in this case, the

   Government may petition the Court and, if the Court frnds by a

   preponderance ofthe evidence that the defendant has

   committed any other criminal offense while awaiting plea or

   sentencing, the Government shall be free at its sole election to

   either: (d withdraw from this Agreementi or (b) make any
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       sentencing recommendations to the Court that it deems

       appropriate. The defendant further understands and agrees

       that, if the Court frnds that the defendant has committed any

       other offense while awaiting plea or sentencing, the defendant

       will not be permitted to withdraw any guilty pleas tendered

       pursuant to this Agreement, and the government will be

       permitted to bring any additional charges that it may have

       against the defendant.

I. Other Provisions
   25. Agreement Not Bindine on Other Asencies. Nothing in this

       Agreement shall bind any other United States Attorney's Offrce,

       state prosecutor s office, or federal, state, or local law

       enforcement agency.

   26. No Civi] Claims or Suits. The defendant agrees not to pursue or

      initiate any civil claims or suits against the United States of

      America, its agencies or employees, whether or not presently

      known to the defendant, arising out ofthe investigation,

      prosecution or cooperation, ifany, covered by this Agreement,
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    including but not limited to any claims for attorney's fees and

    other litigation expenses arising out ofthe investigation and

    prosecution of this matter. By the defendant's guilty plea in

    this matter the defendant further acknowledges that the

    Government's position in this litigation was taken in good faith,

    had a substantial basis in law and fact and was not vexatious.

27. Plea Asreement Se rves Ends of Justice. The United States is

    entering this Agreement with the defendant because this

    disposition ofthe matter fairly and adequately addresses the

    gravity of the offense from which the charge is drawn, as well as

   the defendant's role in such offense, thereby serving the ends of

   justice.

28. Defendant is Satisfied with Assistance of Counsel. The

   Defendant agrees that the defendant has discussed this case

   and this Agreement in detail with the defendant's attorney, who

   has advised the defendant ofthe defendant's Constitutional and

   other trial and appellate rights, the nature ofthe charges, the

   elements of the offenses the United States would have to prove
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A




        at trial, the evidence the United States would present at such

        trial, possible defenses, the advisory Sentencing Guidelines and

        other aspects of sentencing, potential losses of civil rights and

        privileges, and other potential consequences of pleading guilty

        in this case. The defendant agrees that the defendant is

        satisfied with the legal services and advice provided to the

        defendant by the defendant's attorney.

    29. Deadline for Acceptance of Plea Asreement. The original of this

       Agreement must be signed by the defendant and defense

       counsel and received by the United States Attorney's Office on

       or before 5:00 p.m., Friday November 19, 2021, otherwise the

       offer ray, in the sole discretion of the Government, be deemed

       withdrawn.

    30. Required Signatures. None of the terms of this Agreement shall

       be binding on the Office of the United States Attorney for the

       Middle District of Pennsylvania until signed by the defendant

       and defense counsel and then signed by the United States

       Attorney or his designee.
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                                      ACKNOWLEDGMEI.ITS
                                                                           l
     I have read this agreement and carefully reviewed every part of it
with my attorney. I fully understand it and I           agree to it.



-*/*
Date /                                            JO            OLIVETTI
                                                  Defendant

         I arn the defendant's counsel. I have carefully reviewed every part
of this agreement with the defendant. To                 knowledge, my ciient's
        n to enter into this a€reementis an                 ed       Iu    ry one
                .)l
Da                                                LORI        CH
                                                  Counsel for Defendant


                                                  JOHN C. GURGANUS
                                                  United States Attornev


                    oL\                     By
Date                                              JENNY             trRTS
                                                  Assistant   nl te d States Attorney

AUSd,IPEl2O2lIUNovcnr tr:r l, 202 I
VIIRSION DA'I'E: IUarch 8. 202 I




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