Plea Agreement — United States v. Adiana Pierre

Record facts

U.S. District Court, District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 42 · 2024-01-11 · Docket on CourtListener

Summary

A plea agreement letter dated January 11, 2024 from the U.S. Attorney for the District of Massachusetts to counsel for Adiana Pierre, filed January 16, 2024 as Document 42 in United States v. Adiana Pierre, No. 1:24-cr-10007-MJJ. Under Federal Rule of Criminal Procedure 11(c)(1)(B), the defendant agrees to waive indictment and plead guilty to conspiracy to commit wire fraud under 18 U.S.C. § 1349 and conspiracy to engage in unlawful monetary transactions under 18 U.S.C. § 1956(h). The parties calculate a total offense level of 21. The government agrees to recommend no more than 30 months of incarceration, 36 months of supervised release, a $200 special assessment and restitution of $5,479,708. The agreement also provides for forfeiture of a vehicle and a $427,605 money judgment, and contains an appeal waiver.

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

Full text

1 
 
U.S. Department of Justice 
 
 
 
                        
 
Joshua S. Levy 
 
 
 
 
 
 
 
Acting United States Attorney 
 
 
 
 
 
 
 
District of Massachusetts 
 
 
Main Reception: (617) 748-3100
John Joseph Moakley United States Courthouse 
1 Courthouse Way 
Suite 9200 
Boston, Massachusetts 02210 
 
 
 
 
 
 
 
 
January 11, 2024 
 
Michael R. DiStefano, Esq. 
Todd & Weld LLP 
One Federal Street 
Boston, Massachusetts 02110 
 
 
Re: 
United States v. Adiana Pierre 
 
 
Criminal No. 23-mj-5013 
 
 
 
Dear Counsel: 
 
 
The United States Attorney for the District of Massachusetts (the “U.S. Attorney”) and your 
client, Adiana Pierre (“Defendant”), agree as follows, pursuant to Federal Rule of Criminal 
Procedure 11(c)(1)(B): 
 
1. 
Change of Plea 
 
 
At the earliest available date, Defendant will waive Indictment and plead guilty to Counts 
One and Two of the Information, which charge conspiracy to commit wire fraud, in violation of 
18 U.S.C. § 1349 (Count One), and conspiracy to engage in unlawful monetary transactions, in 
violation of 18 U.S.C. § 1956(h) (Count Two).  Defendant admits that Defendant committed the 
crimes specified in these counts and is in fact guilty of each one.  Defendant also agrees to waive 
venue, to waive any applicable statute of limitations, and to waive any legal or procedural defects 
in the Information. 
 
2. 
Penalties 
 
 
Defendant faces the following maximum penalties with respect to Count One: incarceration 
for 20 years; supervised release for three years; a fine of $250,000 or twice the gross gain or loss 
from the offense, whichever is greater; a mandatory special assessment of $100; restitution; and 
forfeiture to the extent charged in the Information. 
 
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 1 of 8

 
2 
 
Defendant faces the following maximum penalties with respect to Count Two: 
incarceration for 10 years; supervised release for three years; a fine of $250,000 or twice the gross 
gain or loss from the offense, whichever is greater; a mandatory special assessment of $100; 
restitution; and forfeiture to the extent charged in the Information. 
 
Defendant understands that, if Defendant is not a United States citizen by birth, pleading 
guilty may affect Defendant’s immigration status. Defendant agrees to plead guilty regardless of 
any potential immigration consequences, even if Defendant’s plea results in being automatically 
removed from the United States. 
 
3. 
Sentencing Guidelines 
 
 
The parties agree, based on the following calculations, that Defendant’s total “offense 
level” under the Guidelines is 21:   
 
a) Defendant’s base offense level is 7, because the offense of conviction is 
referenced to the applicable guideline and has a statutory maximum term of 
imprisonment of 20 years or more (USSG §§ 2X1.1(a) and 2B1.1(a)(1));   
 
b) Defendant’s offense level is increased by 18, because the loss from the offense 
of conviction is more than $3,500,000 and not more than $9,500,000 (USSG 
§ 2B1.1(b)(1)(J)); 
 
c) Defendant’s offense level is increased by 1, because Defendant is pleading 
guilty to a conspiracy under 18 U.S.C. § 1956(h), the sole object of which was 
to violate 18 U.S.C. § 1957 (USSG § 2S1.1(b)(2)(A) and Application Note 
3(C));  
 
d) Defendant’s offense level is decreased by 3, because Defendant has accepted 
responsibility for Defendant’s crimes (USSG § 3E1.1); and 
 
e) Defendant’s offense level is decreased by 2, because Defendant has zero 
criminal history points and otherwise meets the criteria for the “zero-point 
offender” adjustment (USSG § 4C1.1). 
 
Defendant understands that the Court is not required to follow this calculation or even to 
sentence Defendant within the Guidelines and that Defendant may not withdraw Defendant’s 
guilty plea if Defendant disagrees with how the Court calculates the Guidelines or with the 
sentence the Court imposes.  
 
 
Defendant also understands that the government will object to any reduction in Defendant’s 
sentence based on acceptance of responsibility if: (a) at sentencing, Defendant (directly or through 
counsel) indicates that Defendant does not fully accept responsibility for having engaged in the 
conduct underlying each of the elements of the crimes to which Defendant is pleading guilty; or 
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 2 of 8

 
3 
 
(b) by the time of sentencing, Defendant has committed a new federal or state offense, or has in 
any way obstructed justice. 
 
If, after signing this Agreement, Defendant’s criminal history score or Criminal History 
Category is reduced, the U.S. Attorney reserves the right to seek an upward departure under the 
Guidelines.  
 
 
Nothing in this Plea Agreement affects the U.S. Attorney’s obligation to provide the Court 
and the U.S. Probation Office with accurate and complete information regarding this case. 
 
4. 
Sentence Recommendation 
 
 
The U.S. Attorney agrees to recommend the following sentence to the Court: 
 
a) incarceration of not more than 30 months; 
 
b) a fine within the Guidelines sentencing range as calculated by the parties in 
Paragraph 3, unless the Court finds that Defendant is not able, and is not likely 
to become able, to pay a fine; 
 
c) 36 months of supervised release; 
 
d) a mandatory special assessment of $200, which Defendant must pay to the Clerk 
of the Court by the date of sentencing; 
 
e) restitution of $5,479,708; and 
 
f) forfeiture as set forth in Paragraph 6. 
 
Defendant agrees that all criminal monetary penalties, including special assessment, 
restitution, forfeiture, and/or fine imposed shall be due and payable immediately, and further 
agrees that any Court-ordered repayment schedule does not preclude further enforcement or 
collection by the United States, subject to the further agreement set forth in Paragraph 7 regarding 
certain directly forfeitable assets. 
 
5. 
Waiver of Appellate Rights and Challenges to Conviction or Sentence 
 
Defendant has the right to challenge Defendant’s conviction and sentence on “direct 
appeal.” This means that Defendant has the right to ask a higher court (the “appeals court”) to look 
at what happened in this case and, if the appeals court finds that the trial court or the parties made 
certain mistakes, overturn Defendant’s conviction or sentence.  Also, in some instances, Defendant 
has the right to file a separate civil lawsuit claiming that serious mistakes were made in this case 
and that Defendant’s conviction or sentence should be overturned. 
 
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 3 of 8

 
4 
 
Defendant understands that Defendant has these rights, but now agrees to give them up.  
Specifically, Defendant agrees that: 
 
a) Defendant will not challenge Defendant’s conviction on direct appeal or in any 
other proceeding, including in a separate civil lawsuit; and 
 
b) Defendant will not challenge Defendant’s sentence, including any court orders 
related to forfeiture, restitution, fines or supervised release, on direct appeal or 
in any other proceeding, including in a separate civil lawsuit. 
 
Defendant understands that, by agreeing to the above, Defendant is agreeing that 
Defendant’s conviction and sentence (to the extent set forth in subparagraph (b), above) will be 
final when the Court issues a written judgment after the sentencing hearing in this case. That is, 
after the Court issues a written judgment, Defendant will lose the right to appeal or otherwise 
challenge Defendant’s conviction and sentence (to the extent set forth in subparagraph (b), above), 
regardless of whether Defendant later changes Defendant’s mind or finds new information that 
would have led Defendant not to agree to give up these rights in the first place. 
 
Defendant is agreeing to give up these rights at least partly in exchange for concessions the 
U.S. Attorney is making in this Agreement.    
 
The parties agree that, despite giving up these rights, Defendant keeps the right to later 
claim that Defendant’s lawyer rendered ineffective assistance of counsel, or that the prosecutor or 
a member of law enforcement involved in the case engaged in misconduct serious enough to entitle 
Defendant to have Defendant’s conviction or sentence overturned. 
 
6. 
Forfeiture  
 
Defendant understands that the Court will, upon acceptance of Defendant’s guilty plea, 
enter an order of forfeiture as part of Defendant’s sentence, and that the order of forfeiture may 
include assets directly traceable to Defendant’s offense, assets used to facilitate Defendant’s 
offense, substitute assets and/or a money judgment equal to the value of the property derived from, 
or otherwise involved in, the offense.   
 
 
The assets to be forfeited specifically include, without limitation, the following:  
 
a. A Porsche Macan with VIN WP1AA2A52JLB08044, registered to the 
Defendant and seized on January 25, 2023 from Lookout Mountain, TN; and 
b. $427,605 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgment). 
Defendant admits that the asset above is subject to forfeiture on the grounds that it 
constitutes or is derived from proceeds of Defendant’s offenses and/or was involved in 
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 4 of 8

 
5 
 
Defendant’s offenses. 
Defendant also admits that $427,605 is subject to forfeiture on the grounds that it is equal 
to the amount of proceeds Defendant derived from the offense and/or the amount of money 
involved in Defendant’s offenses.   
Defendant acknowledges and agrees that the amount of the forfeiture money judgment 
represents the amount of proceeds that the Defendant obtained (directly or indirectly), and/or 
facilitating property and/or property involved in, the crimes to which Defendant is pleading guilty 
and that, due at least in part to the acts of Defendant, the proceeds or property have been transferred 
to, or deposited with, a third party, spent, cannot be located upon exercise of due diligence, placed 
beyond the jurisdiction of the Court, substantially diminished in value, or commingled with other 
property which cannot be divided without difficulty.  Accordingly, Defendant agrees that the 
United States is entitled to forfeit as “substitute assets” any other assets of Defendant up to the 
value of the now missing directly forfeitable assets.   
Defendant agrees to consent to the entry of orders of forfeiture for such property and waives 
the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J), 32.2, and 43(a) regarding 
notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the change-
of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the forfeiture 
in the judgment.  Defendant understands and agrees that forfeiture shall not satisfy or affect any 
fine, lien, penalty, restitution, cost of imprisonment, tax liability or any other debt owed to the 
United States.  
 
Defendant agrees to assist fully in the forfeiture of the foregoing assets.  Defendant agrees 
to promptly take all steps necessary to pass clear title to the forfeited assets to the United States, 
including but not limited to executing any and all documents necessary to transfer such title, 
assisting in bringing any assets located outside of the United States within the jurisdiction of the 
United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture 
are not sold, disbursed, wasted, hidden or otherwise made unavailable for forfeiture.  Defendant 
further agrees (a) not to assist any third party in asserting a claim to the forfeited assets in an 
ancillary proceeding, and (b) to testify truthfully in any such proceeding.   
If the U.S. Attorney requests, Defendant shall deliver to the U.S. Attorney within 30 days 
after signing this Plea Agreement a sworn financial statement disclosing all assets in which 
Defendant currently has any interest and all assets over which Defendant has exercised control, or 
has had any legal or beneficial interest.  Defendant further agrees to be deposed with respect to 
Defendant’s assets at the request of the U.S. Attorney.  Defendant agrees that the United States 
Department of Probation may share any financial information about the Defendant with the United 
States Attorney’s Office. 
 
Defendant also agrees to waive all constitutional, legal, and equitable challenges (including 
direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with 
this Plea Agreement.   
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 5 of 8

 
6 
 
Defendant hereby waives and releases any claims Defendant may have to any vehicles, 
currency, or other personal property seized by the United States, or seized by any state or local law 
enforcement agency and turned over to the United States, during the investigation and prosecution 
of this case, and consents to the forfeiture of all such assets.   
7. 
Civil Liability 
 
 
This Plea Agreement does not affect any civil liability, including any tax liability, 
Defendant has incurred or may later incur due to Defendant’s criminal conduct and guilty plea to 
the charges specified in Paragraph 1 of this Agreement.  
 
8. 
Breach of Plea Agreement 
 
Defendant understands that if Defendant breaches any provision of this Agreement, 
violates any condition of Defendant’s pre-trial release or commits any crime following 
Defendant’s execution of this Plea Agreement, Defendant cannot rely upon such conduct to 
withdraw Defendant’s guilty plea. Defendant’s conduct, however, would give the U.S. Attorney 
the right to be released from the U.S. Attorney’s commitments under this Agreement, to pursue 
any charges that were, or are to be, dismissed under this Agreement, and to use against Defendant 
any of Defendant’s statements, and any information or materials Defendant provided to the 
government during investigation or prosecution of Defendant’s case—even if the parties had 
entered any earlier written or oral agreements or understandings about this issue.   
 
Defendant also understands that if Defendant breaches any provision of this Agreement or 
engages in any of the aforementioned conduct, Defendant thereby waives any defenses based on 
the statute of limitations, constitutional protections against pre-indictment delay, and the Speedy 
Trial Act, that Defendant otherwise may have had to any charges based on conduct occurring 
before the date of this Agreement. 
 
9. 
Who is Bound by Plea Agreement 
 
 
This Agreement is only between Defendant and the U.S. Attorney for the District of 
Massachusetts. It does not bind the Attorney General of the United States or any other federal, 
state, or local prosecuting authorities. 
 
10. 
Modifications to Plea Agreement 
 
This Agreement can be modified or supplemented only in a written memorandum signed 
by both parties, or through proceedings in open court. 
 
*           *          * 
 
 
 
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 6 of 8

Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 7 of 8

1/9
1/9/2024
Case 1:24-cr-10007-MJJ     Document 42     Filed 01/16/24     Page 8 of 8

File and source

File

gov.uscourts.mad.265691.42.0.pdf

Size

3,225,365 bytes

SHA-256

9211778cf9338f4b9f9823d2c655b33dc7aff64ad39d64676758eece3e03f104

Our copy

gov.uscourts.mad.265691.42.0.pdf

Original

PACER (login required)