Plea Agreement — United States v. Marcus Cobbs — United States v. Natasha Ann Opsal (E.D. Wash., 3)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA
CRIMINAL NO. 23.00156
MARCUS COBBS
PLEA AGREEMENT
The defendant, MARCUS COBBS, represented by his counsel, and the United States of
America have reached a plea agreement in this case, pursuant to Rule 1 I of the Federal Rules of
Criminal Procedure, the terms and conditions of which are as follows:
RIGHTS OF' THE DEFENDANT
1. 
The defendant understands his rights as follows:
a. 
To be represented by an attorney;
b. 
To plead not guilty;
c. 
To have atrial by an impartial jury;
d. 
To confront and cross-examine witnesses and to call witnesses and
produce other evidence in his defense; and
e. 
To not be compelled to incriminate himself.
WAIVER OF RIGHTS AND PLEA OF GUILTY
2. 
The defendant waives rights b through e, listed above, and pleads guilty to Count
One of the Indictment, charging a violation of Title 18, United States Code,
Section 1349, Conspiracy to Commit V/ire Fraud.
3. 
The defendant understands that the statements he makes under oath in the plea of
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guilty must be completely truthful and that he can be prosecuted for making false
statements or perjury, or receive a perjury enhancement at sentencing, for any
false statements he makes intentionally in this plea of guilty.
The defendant expects the Court to rely upon his statements here and his response
to any questions that he may be asked during the guilty plea hearing.
The defendant is not under the influence of alcohol, drugs, or narcotics. He is
certain that he is in full possession of his senses and is mentally competent to
understand this Plea Agreement and the guilty plea hearing which will follow.
The defendant has had the benefit of legal counsel in negotiating this Plea
Agreement. He has discussed the facts of the case with his attorney, and his
attorney has explained to the defendant the essential legal elements of the criminal
charge which has been brought against him. The defendant's attorney has also
explained to the defendant his understanding of the United States' evidence and
the law as it relates to the facts of his offense.
The defendant understands that the United States has the burden of proving each
of the legal elements of the criminal charge beyond a reasonable doubt. The
defendant and his counsel have discussed possible defenses to the charge. The
defendant believes that his attorney has represented him faithfully, skillfully, and
diligently, and he is completely satisfied with the legal advice of his attorney.
A separate document, entitled Factual Resume, will be submitted to the Court as
evidence at the guilty plea hearing. The Factual Resume is incorporated by
reference into this Plea Agreement. The defendant and the United States agree
that the Factual Resume is true and correct. Alterations to the Plea Agreement or
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Factual Resume initialed only by the defendant and his counsel are not part of this
agreement and are not agreed to by the United States.
This plea of guilty is freely and voluntarily made and is not the result of force,
threats, promises, or representations, apart from those representations set forth in
this Plea Agreement. There have been no promises from anyone as to the
particular sentence that the Court will impose. The defendant is pleading guilty
because he is guilty.
The defendant also knowingly and voluntarily waives all rights, whether asserted
directly or through a representative, to receive from the United States after
sentencing any further records, reports, or documents pertaining to the
investigation or prosecution of this matter. This waiver includes, but is not
limited to, rights under the Freedom of Information Act and the Privacy Act of
r974.
PENALTY
11. The maximum penalty the Court could impose as to Count One of the Indictment
Thirty (30) years' imprisonment;
A fine not to exceed $1,000,000;
A term of supervised release of five (5) years, which would follow any
term of imprisonment. If the defendant violates the conditions of
supervised release, he could be imprisoned for the entire term of
supervised release;
A mandatory special assessment of $100.00; and
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12.
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Such restitution as may be ordered by the Court.
SENTENCING
The Court will impose the sentence in this case. The United States Sentencing
Guidelines are advisory and do not bind the Court. The defendant has reviewed
the application of the Guidelines with his attorney and understands that no one
can predict with certainty what the sentencing range will be in this case until after
a pre-sentence investigation has been completed and the Court has ruled on the
results of that investigation. The defendant understands that at sentencing, the
Court may not necessarily sentence the defendant in accordance with the
Guidelines. The defendant understands that he will not be allowed to withdraw
his guilty plea if the advisory guideline range is higher than expected, or if the
Court departs or varies from the advisory guideline range.
The defendant understands that this Plea Agreement does not create any right to
be sentenced in accordance with the Sentencing Guidelines, or below or within
any particular guideline range, and fully understands that determination of the
sentencing range or guideline level, or the actual sentence imposed, is solely the
discretion of the Court.
The United States will provide all relevant sentencing information to the
Probation Office for purposes of the pre-sentence investigation. Relevant
sentencing information includes, but is not limited to, all facts and circumstances
of this case and information concerning the defendant's conduct and background.
Both the defendant and the United States are free to allocute fully at the time of
sentencing.
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16. The defendant agrees to tender $100.00 to the U.S. District Court Clerk in
satisfaction of the mandatory special assessment in this case. The United States
reserves the right to withdraw any favorable recommendations it may agree to
within this document if the defendant fails to pay the special assessment prior to
or at the time of his sentencing.
RE,STITUTION
17. Pursuant to 18 U.S.C. $$ 3556 and 3663(A), restitution is mandatory. The
defendant agrees to make full restitution in an amount to be determined by the
Court at sentencing.
FORFEITURE
18. The defendant agrees to forfeit to the United States any right, title, and interest
in all assets subject to forfeiture under the notice of forfeiture contained in the
charging document, including property specified in any bill of particulars and
property previously seized by the government for administrative, civil, or
criminal forfeiture. The defendant further consents to the filing of a motion for a
preliminary order forfeiting such property and any dollar amount specified in the
notice of forfeiture or bill of particulars, and the defendant confesses the
requisite nexus between the property and the charge of the conviction. The
defendant hereby withdraws any petition for remission or claim for such
property for such property and further waives any right to contest or appeal the
government's forfeiture proceedings for any reason, including on grounds that
the forfeiture constitutes an unconstitutionally excessive fine or punishment, and
in any manner, including by claim, petition, appeal or collateral attack.
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FINANCIAL OBLIGATIONS
19. The Defendant expressly authorizes the U.S. Attorney's Office to obtain a credit
report in order to evaluate the Defendant's ability to satisfr any financial
obligation imposed by the Court. In order to facilitate the collection of financial
obligations to be imposed in connection with this prosecution, the Defendant
agrees to disclose fully all assets in which the Defendant has any interest or over
which the Defendant exercises control, directly or indirectly, including those held
by a spouse, nominee or other third party.
UNITED STATES' OBLIGATIONS
20. The United States will not bring any additional charges against the defendant
related to the facts underlying the Indictment and will move to dismiss any
remaining charges against the defendant once sentence is imposed in this case.
This agreement is limited to the United States Attorney's Offrce for the Southern
District of Alabama and does not bind any other federal, state, or local
prosecuting authorities.
21. The United States will recommend to the Court that the defendant be sentenced at
the low end of the advisory sentencing guideline range as determined by the
Court.
APPLICATION OF USSG Q 5K1.1 AND/OR F'ED. R. CRIM. P.35
22. The defendant understands and agrees that he has no right to cooperate, and that
the decision whether to allow him to cooperate is reserved solely to the United
States in the exercise of its discretion. If the United States agrees to allow the
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defendant to cooperate, and if the defendant agrees to cooperate, the following terms and
conditions apply:
a. 
The defendant shall fully, completely, and truthfully respond to all questions put
to him by law enforcement authorities regarding the underlying facts of the offense(s)
with which he is charged, as well as the underlying facts of any criminal offense(s), state
or federal, of which he has information or knowledge.
b. 
The defendant acknowledges that he understands that he shall provide truthful and
complete information regarding any offense about which he has knowledge or
information regardless of whether law enforcement authorities question him specifically
about any such offense. This provision requires the defendant to divulge all information
available to him even when law enforcement authorities do not know about the
defendant's involvement, knowledge or information relating to any particular offense.
This requirement extends to any and all persons about whom the defendant has such
knowledge or information.
c. 
The defendant agrees to cooperate completely with all law enforcement
authorities in any matters to which his cooperation may be deemed relevant by any law
enforcement authority. The defendant agrees to fully comply with all instructions from
law enforcement authorities regarding the specific assistance he shall provide. This
includes, but is not limited to, consenting to monitored and/or recorded telephone
conversations, participating in undercover operations, testifiing completely and truthfully
before any grand jury, at any pre-trial proceeding, during any trial, and any post-trial
proceeding.
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d. 
If the United States deems it necessary, the defendant may be required to take a
polygraph examination(s) which will be administered by a government polygrapher. The
defendant agrees that the results of any polygraph examination may be used by the
United States in its evaluation of whether there has been substantial assistance, and are
admissible at sentencing to rebut an assertion by the defendant of bad faith or
unconstitutional motive on the part of the United States.
e. 
The defendant agrees to turn over to the United States any and all documents,
tapes and other tangible objects which are in his possession or under his control and
which are relevant to his participation in and knowledge of criminal activities, regardless
of whether it relates to the charged offense. This obligation is a continuing one and
includes materials that the defendant may acquire, obtain or have access to after the
execution of this agreement.
f. 
The defendant also agrees to identifu the assets of any other person which were
obtained through or facilitated the defendant's illegal activities or the illegal activities of
another.
g. 
If the defendant provides full, complete, truthful and substantial cooperation to
the United States, which results in substantial assistance to the United States in the
investigation or prosecution of another criminal offense, a decision specifically reserved
by the United States in the exercise of its sole discretion, then the United States agrees to
move for a downward departure in accordance with Section 5K1.1 of the United States
Sentencing Guidelines or Rule 35 of the Federal Rules of Criminal Procedure, whichever
the United States deems applicable. The United States specifically reserves the right to
make the decision relating to the extent of any such departure request made under this
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agreement based upon its evaluation of the nature and extent of the defendant's
cooperation. The defendant understands that the United States will make no
representation or promise with regard to the exact amount of reduction, if any, the United
States might make in the event that it determines that the defendant has provided
substantial assistance. The defendant understands that a mere interview with law
enforcement authorities does not constitute substantial assistance. The defendant also
understands that, should he provide untruthful information to the United States at any
time, or fail to disclose material facts to the United States at any time, or commits a new
criminal offense, the United States will not make a motion for downward departure. If
the defendant's effort to cooperate with the United States does not amount to substantial
assistance as determined solely by the United States, the United States agrees to
recommend that the defendant receive a sentence at the low end of the advisory guideline
range.
h. 
The United States and the defendant agree that any breach of this agreement by
the defendant, including but not limited to committing a new offense, failing to
cooperate, intentionally withholding information, giving false information, committing
perjury, failing to identift assets obtained by him from his illegal activities or obtained by
others associated with him or of which he has knowledge, refusing to take a polygraph
examination, failing a polygraph examination, or refusing to testifr before the grand jury
or at any judicial proceeding, would:
(l) 
permit the United States to reinstate and proceed with prosecution on any other
charges arising from the matters underlying the Indictment; and
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(2) 
permit the United States to initiate and proceed with the prosecution on any other
charges arising from a breach of this agreement. The United States will not be limited, in
any respect, in the use it may make against the defendant of any information provided by
the defendant during his breached cooperation. Such breach will constitute a waiver of
any claim the defendant could make under the United States Constitution, the Federal
Rules of Evidence, the Federal Rules of Criminal Procedure, or any statute or case law by
which the defendant seeks to suppress the use of such information or any evidence
derived from such information.
i. 
Nothing in this agreement shall protect the defendant in any way from prosecution
for any offense committed after the date of this agreement, including perjury, false
declaration, false statement, and obstruction ofjustice, should the defendant commit any
of these offenses during his cooperation. The defendant acknowledges and agrees that
the information that he discloses to the United States pursuant to this agreement may be
used against him in any such prosecution.
j. 
The United States and the defendant agree that the defendant will continue his
cooperation even after he is sentenced in the instant matter. His failure to continue his
cooperation will constitute a breach of this agreement, and the defendant agrees that
under such conditions, the United States will be free to reinstate the charges and the
prosecution of the charges in the Indictment, which are to be dismissed in accordance
with this agreement. Under these circumstances, the defendant expressly waives any
rights he may have under the statute of limitations and the speedy trial provisions.
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LIMITED WAIVER OF RIGHT TO APPEAL AND
\ryAIVER OF COLLATERAL ATTACK
As part of the bargained-for exchange represented in this plea agreement, and
subject to the limited exceptions below, the defendant knowingly and voluntarily
waives the right to file any direct appeal or any collateral attack, including a
motion to vacate, set aside, or correct sentence under 28 U.S.C. ç 2255.
Accordingly, the defendant will not challenge his guilty plea, conviction, or
sentence in any district court or appellate court proceedings.
a. 
EXCEPTIONS. The defendant reserves the right to timely
file a direct appeal challenging:
(1) 
any sentence imposed in excess of the statutory
maximum;
(2) 
any sentence which constitutes an upward departure
or variance from the advisory guideline range.
The defendant also reserves the right to claim ineffective assistance of
counsel in a direct appeal or $ 2255 motion.
If the United States files a notice of appeal and such appeal is authorized by the
Solicitor General, the defendant is released from the appellate waiver.
The defendant further reserves the right to timely move the district court for an
amended sentence under 18 U.S.C. $ 3582 in the event of a future retroactive
amendment to the Sentencing Guidelines which would affect the sentence.
If the defendant receives a sentence within or below the advisory guideline range,
this plea agreement shall serve as the defendant's express directive to defense
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counsel to timely file a "Notice of Non-Appeal" following sentencing, signed by
the defendant.
VIOLATION OF AGREEMENT
The defendant understands that if he breaches any provision of this Plea
Agreement, the United States will be free from any obligations imposed by this
agreement, but all provisions of the agreement remain enforceable against the
defendant. In the exercise of its discretion, the United States will be free to
prosecute the defendant on any charges of which it has knowledge. In such event,
the defendant agrees not to assert any objections to prosecution that he might have
under the Sixth Amendment and/or Speedy Trial Act.
In addition, if the defendant is released from detention prior to sentencing, he
understands that the United States will no longer be bound by this agreement if he
violates any condition of his release prior to sentencing or prior to serving his
sentence after it is imposed.
ENTIRETY OF AGREEMENT
This document is the complete statement of the agreement between the defendant
and the United States and may not be altered unless done so in writing and signed
by all the parties.
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Respectfully submitted,
SEAN P. COSTELLO
LTNITED STATES ATTORNEY
Date: 710912024
S. Gaillard Ladd.
S. Gaillard Ladd
Assistant United States Attorney
Date: 710912024
Kasee S. Heisterhagen
Kasee S. Heisterhagen
Assistant United States Attorney
Deputy Chief, Criminal Division
I have consulted with my counsel and fully understand all my rights with respect to the
offense charged in the Indictment pending against me. I have read this Plea Agreement and
carefully reviewed every part of it with my attorney. I understand this agreement, and I
voluntarily agree to it. I hereby stipulate that the Factual Resume, incorporated herein, is true
and accurate in every respect, and that had the matter proceeded to trial, the United States could
have proved the same beyond a reasonable doubt.
SC
Defendant
I am the attorney for the defendant. I have fully explained his rights to him with respect
to the offense(s) charged in the Indictment in this matter. I have carefully reviewed every part of
this Plea Agreement with him. To my knowledge, his decision to enter into this agreement is an
informed and voluntary one. I have carefully reviewed the Factual Resume, incorporated herein,
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with the defendant and to my knowledge, his decision to stipulate to the facts is an informed,
intelligent and voluntary one.
Date
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA
CRIMINAL NO. 23.00156
MARCUS COBBS
FACTUAL RESUME
The defendant, MARCUS COBBS, ("COBBS") admits the allegations of Count One of
the Indictment.
ELEMENTS OF THE OFFENSE
MARCUS COBBS understands that in order to prove a violation of Title 18, United
States Code, Section 1349, as charged in Count One of the Indictment, the United States must
prove:
First:
Two or more persons, in some way or manner, agreed to accomplish a
common and unlawful plan to commit a fraud crime, in this case'Wire
Fraud as set forth in 18 U.S.C. $ 1343, as charged in the indictment; and
Second:
The defendant knew the unlawful purpose of the plan and willfully joined
in it.
OFF'ENSE CONDUCT
Defendant, MARCUS COBBS, admits in open court and under oath that the following
statement is true and correct and constitutes evidence in this case. This statement of facts is
provided solely to assist the Court in determining whether a factual basis exists for COBBS' plea
of guilty. The statement of facts does not contain each and every fact known to COBBS and to the
United States conceming the defendant's involvement in the charges set forth in the plea
agreement.
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On March 29,2020, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act
was enacted into federal law. The CARES Act was designed to provide emergency financial
assistance to millions of Americans who were suffering the economic effects caused by the
COVID-l9 Pandemic. One source of funding under the CARES Act available to small businesses
was the Paycheck Protection Program ("PPP"). To be eligible for a PPP loan, it was necessary for
businesses to be in existence before February l5,2020,have employees, and have monthly payroll
costs. To obtain a PPP loan, a qualifuing business was required to submit a PPP loan application
signed by an authorized representative of the business, such as the owner of the said business. The
loan application's required representations included a certification that the information submitted
was true and accurate and that the funds would only be used for business-related purposes.
In March of 2021, the PPP program also permitted sole proprietors to seek a 100%o
forgivable loan to cover the payroll costs (or salary) the sole proprietor himself or herself. The
applicant must complete the same type of application as for a business (including affirmations
about the purpose of the loan and meeting the criteria to obtain the loan). If approved the loan
would cover an annual salary of up to $100,000 - which capped the loan amount at the lesser of
$20,833 or a net income multiplied by 2.5112.
On April 29,2021, MARCUS COBBS submitted a PPP loan application (#9497325902)
containing multiple false material statements, including:
that COBBS was an independent contractor of a taxilcab business
established in2020;
that COBBS realized average monthly business expenses of $8,166.67 prior
to the Pandemic;
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COBBS submitted a false year 2020 Schedule C stating he realized business
income of $98,000.00 during that tax year.
MARCUS COBBS' PPP loan was funded inthe amount of $20,415.00 by approved lender
Prestamos CDFI, LLC ("Prestamos"). The creation and disbursement of this loan also caused the
SBA to remit $2,500.00 to Prestamos in a Lender Fee. COBBS used his own social security
number on the application. COBBS submitted a copy of his drivers' license to verif'his identity
and the loan proceeds. He also submitted a o'selfie" photograph to confirm his identity. Funds in
the amount of $20,415.00 were deposited into COBBS' Navy Federal Credit Union ("Navy
Federal") Bank Account. The Navy Federal account that was funded with the PPP loan proceeds
contained financial transactions linked to COBBS. The Navy Federal account that received the
funding proceeds was not a business account and did not reflect any expenses typical of operating
ataxi or cab business. The IP address used to sign the fraudulent PPP application resolves to the
Southern District of Alabama.
Due to COBBS actions and material misrepresentations, individually and in concert with
others, $20,415.00 was disbursed from the operating account of Prestamos, located in Phoenix,
Atizona, and deposited via wire communication in COBBS' Navy Federal account in Mobile,
Alabama. Both Prestamos and Navy Federal are financial institutions as defined by 18 U.S.C. $
20 and conduct business in interstate coÍrmerce using wire transmissions. At all times material
hereto the Defendant MARCUS COBBS, individually and in concert with others, acted with the
intent to defraud.
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Date: 710912024
Date: 710912024
Date
AGREED TO AND SIGNED.
Respectfully submitted,
SEAN P. COSTELLO
UNITED STATES ATTORNEY
.s,
Ladd
S. Gaillard Ladd
Assistant United States Attorney
Kasee S. Heisterhagen.
Kasee S. Heisterhagen
Assistant United States Attorney
Deputy Chief, Criminal Division
S COBBS
Defendant
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