Plea Agreement — United States v. Bath

Record facts

U.S. District Court, Eastern District of California · No. 1:24-cr-00198-JLT-SKO · Doc. 2 · 2024-08-15 · Docket on CourtListener

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PHILLIP A. TALBERT 
United States Attorney 
JEFFREY A. SPIVAK 
Assistant United States Attorney 
2500 Tulare Street, Suite 4401 
Fresno, CA 93721 
Telephone:  (559) 497-4000 
Facsimile:   (559) 497-4099  
Attorneys for Plaintiff 
United States of America 
IN THE UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
GURJEET BATH, 
Defendant. 
CASE NO.  
PLEA AGREEMENT 
Date:   TBD 
Time:  TBD 
Court:  TBD 
I.
INTRODUCTION
A.
Scope of Agreement.
The Information in this case charges the defendant Gurjeet Bath with one count of stealing
government money in violation of 18 U.S.C. § 641.  This document contains the complete Plea 
Agreement between the United States Attorney’s Office for the Eastern District of California and the 
defendant regarding this case.  This Plea Agreement is limited to the United States Attorney’s Office for 
the Eastern District of California (hereinafter, the “government”) and cannot bind any other federal, 
state, or local prosecuting, administrative, or regulatory authorities. 
B.
Court Not a Party.
The Court is not a party to this Plea Agreement.  Sentencing is a matter solely within the
discretion of the Court, and the Court may take into consideration any and all facts and circumstances 
1:24-cr-00198-JLT-SKO
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concerning the criminal activities of the defendant.  This includes activities that may not have been 
charged in the Information.  The Court is under no obligation to accept any recommendations made by 
the parties, and the Court may in its discretion impose any sentence it deems appropriate up to and 
including the statutory maximum stated in this Plea Agreement.   
If the Court should impose any sentence up to the maximum established by the statute, the 
defendant cannot, for that reason alone, withdraw his guilty plea and he will remain bound to fulfill all 
of the obligations under this Plea Agreement.  The defendant agrees the prosecutor, defense counsel, and 
the Court cannot make a binding prediction or promise regarding the sentence he receives. 
II. 
DEFENDANT’S OBLIGATIONS 
A. 
Guilty Plea.   
The defendant will plead guilty to the sole count in the information - theft of government 
property, in violation of 18 U.S.C. § 641.  The defendant agrees that he is in fact guilty of this crime and 
that the facts set forth in the Factual Basis for Plea attached as Exhibit A are accurate. 
The defendant agrees that this Plea Agreement will be filed with the Court and become a part of 
the record in this case.  The defendant agrees that he will not be allowed to withdraw his guilty plea 
should the Court not follow the parties’ sentencing recommendations. 
The defendant agrees that the statements made by him in signing this Plea Agreement, including 
the factual admissions set forth in the factual basis, shall be admissible and useable against the defendant 
by the government in any subsequent criminal or civil proceedings even if the defendant fails to enter a 
guilty plea pursuant to this Plea Agreement.  The defendant waives any rights under Fed. R. Crim. P. 
11(f) and Fed. R. Evid. 410 to the extent that these rules are inconsistent with this paragraph or with this 
Plea Agreement generally. 
The defendant agrees that, under the United States Constitution, he is entitled to be indicted by a 
grand jury on the charge to which he is pleading guilty.  Pursuant to Fed. R. Crim. P. 7(b), he also agrees 
to waive any and all rights he has to being prosecuted by way of Indictment to the charge set forth in the 
Information.  He will sign a waiver of prosecution by Indictment and consent to proceed by Information. 
/// 
/// 
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B. 
Restitution. 
The Mandatory Victim Restitution Act requires the Court to order restitution to the victims of 
certain offenses.  The defendant agrees that his misconduct is governed by the act and that he will pay 
the full amount of restitution owed to all victims affected by his offense.  The amount of restitution will 
not exceed $850,000.    
The defendant will not sell, encumber, transfer, convey, or otherwise dispose of any of his assets 
without the prior written consent of the United States Attorney, except that the defendant may sell, 
transfer, or convey personal property, including used vehicles and personal items but not financial 
instruments or ownership interests in business entities, with an aggregate value of less than $5,000, until 
his restitution is satisfied. 
The defendant agrees that all criminal monetary penalties imposed by the Court, including his 
restitution, will be due in full immediately at the time of sentencing and subject to immediate 
enforcement by the government.  The defendant also agrees to pay full restitution before his sentencing 
hearing.  Finally, the defendant agrees that any payment schedule or plan set by the Court for the 
remainder of his restitution is merely a minimum and does not foreclose the government from collecting 
the remainder at any time through all available means.  The government will provide payment 
instructions to the defendant. 
The defendant agrees that he will not seek to discharge any restitution obligation in a bankruptcy 
proceeding.  The defendant also agrees that this Plea Agreement will be violated and voidable at the 
option of the government if he fails to pay restitution as agreed.   
C. 
Fine.   
The defendant agrees to pay $100,000 as a criminal fine. 
D. 
Special Assessment.   
The defendant agrees to pay a special assessment of $100 at the time of sentencing by delivering 
a check or money order, payable to the United States District Court, to the United States Probation 
Office before the sentencing hearing.  
E. 
Violation of Plea Agreement and Withdrawal of Plea. 
If the defendant, cooperating or not, violates this Plea Agreement in any way, withdraws his 
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plea, or tries to withdraw his plea, this Plea Agreement is voidable at the option of the government.  If 
the government voids the Plea Agreement based on the defendant’s violation, the government will no 
longer be bound by its representations to the defendant concerning the limits on criminal prosecution 
and sentencing as set forth herein.  A defendant violates a plea agreement by committing any crime or 
providing or procuring any statement or testimony that is knowingly false, misleading, or materially 
incomplete in any litigation or sentencing process in this case, or engaging in any post-plea misconduct 
constituting obstruction of justice.  Except as otherwise permitted in this Plea Agreement, varying from 
stipulated United States Sentencing Guidelines (“USSG”) application or agreements, personally or 
through counsel, also constitutes a violation of the agreement.  The government will have the right to 
prosecute the defendant on the count to which he pleaded guilty and file any new charges that would 
otherwise be barred by this Plea Agreement.  The defendant shall thereafter be subject to prosecution for 
any federal criminal violation of which the government has knowledge.  The decision to pursue any or 
all of these options is solely in the discretion of the government.   
By signing this Plea Agreement, the defendant agrees to waive any objections, motions, and 
defenses that he may have to the government’s decision.  Any prosecutions that are not time-barred by 
the applicable statute of limitations as of the date of this Plea Agreement may be commenced in 
accordance with this paragraph notwithstanding the expiration of the statute of limitations between the 
signing of this Plea Agreement and the commencement of any such prosecutions.  The defendant also 
agrees not to raise any objections based on the passage of time with respect to such counts including, but 
not limited to, any statutes of limitation or the Speedy Trial Act or Speedy Trial Clause of the Sixth 
Amendment.  The determination whether the defendant violated the Plea Agreement will be by a 
probable cause standard. 
In addition, all statements made by the defendant to the government or other designated law 
enforcement agents, or any testimony given by the defendant before a grand jury or other tribunal, 
whether before or after this Plea Agreement, shall be admissible in evidence in any criminal, civil, or 
administrative proceedings hereafter brought against the defendant.  The defendant shall assert no claim 
under the United States Constitution, any statute, Fed. R. Crim. P. 11(f), Fed. Rule Evid. 410, or any 
other federal rule that statements made by him before or after this Plea Agreement, or any leads derived 
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therefrom, should be suppressed.  By signing this Plea Agreement, the defendant waives any and all 
rights in the foregoing respects. 
F. 
Forfeiture 
The defendant agrees to forfeit to the United States voluntarily and immediately all of his right, 
title, and interest to any and all assets subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C), 28 
U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b).  Those assets include, but are not limited to, the 
following: 
1. 
Real property located at 2745 S. Peach Ave, Fresno, California, Fresno County,  
APN: 316-040-34, 
2. 
Real property located at 18670 S. Elm Avenue, Laton, California, Fresno County, 
APNs: 055-310-15 and 055-021-18,  
3. 
A personal money judgment in the amount of $841,500.00, less any forfeited assets. 
The defendant agrees that the listed assets constitute property, real or personal, derived from 
proceeds traceable to a violation of 18 U.S.C. § 641. 
If the defendant satisfies his full restitution obligation prior to sentencing, the United States 
agrees to forgo forfeiture of all of the above-listed assets.  The defendant agrees to fully assist the 
government in the forfeiture of the listed assets and to take whatever steps are necessary to pass clear 
title to the United States.  Defendant agrees to return a fully executed version of the Stipulation and 
Consent to Forfeiture together with this plea agreement.  Defendant understands and acknowledges that 
the execution and return of the Stipulation and Consent to Forfeiture is a condition precedent to this plea 
agreement being effective. 
The defendant shall not sell, transfer, convey, or otherwise dispose of any of his assets, including 
but not limited to, the above-listed assets. The defendant agrees not to file a claim to any of the listed 
property in any civil proceeding, administrative or judicial, which may be initiated.  The defendant 
agrees to waive his right to notice of any forfeiture proceeding involving this property and agrees to not 
file a claim or assist others in filing a claim in that forfeiture proceeding.    
The defendant knowingly and voluntarily waives his right to a jury trial on the forfeiture of 
assets.  The defendant knowingly and voluntarily waives all constitutional, legal, and equitable defenses 
to the forfeiture of these assets in any proceeding.  The defendant agrees to waive any jeopardy defense 
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and agrees to waive any claim or defense under the Eighth Amendment to the United States 
Constitution, including any claim of excessive fine, to the forfeiture of the assets by the United States, 
the State of California or its subdivisions.  The defendant waives oral pronouncement of forfeiture at the 
time of sentencing, and any defenses or defects that may pertain to the forfeiture. 
G. 
Asset Disclosure.  
The defendant agrees to make a full and complete disclosure of his assets and financial 
condition, and he will complete the government’s Authorization to Release Information and Financial 
Affidavit within eight weeks from the entry of his change of plea.  This includes supporting 
documentation.  The defendant also agrees to have the Court enter an order to this effect.  Finally, the 
defendant agrees that if he fails to complete truthfully and provide the described documentation to the 
government within the allotted time, he will be considered in violation of the Plea Agreement and the 
government shall be entitled to the remedies in section II.E.  
III. 
GOVERNMENT’S OBLIGATIONS 
A. 
Other Charges.   
The government agrees not to bring any other charges arising from the misconduct outlined in 
the Factual Basis for Plea except if this Plea Agreement is voided or as provided in paragraphs II.E 
(Violation of Plea Agreement and Withdrawal of Plea), VI.B (Stipulated USSG Calculations), and VII.B 
(Waiver of Appeal and Collateral Attack). 
B. 
Recommendations.   
1. 
Incarceration Range. 
The government will recommend that the defendant be sentenced to a sentence at the 
low-end of the applicable guideline range as determined by the Court.  The government also agrees to 
recommend a two level downward variance at sentencing. 
2. 
Acceptance of Responsibility.  
The government will recommend a two-level reduction if the offense level is less than 16 or a 
three-level reduction if the offense level reaches 16 in the computation of the defendant’s offense level if 
he demonstrates acceptance of responsibility for his misconduct as defined in USSG § 3E1.1.  This 
includes the defendant meeting with and assisting the probation officer in the preparation of the pre-
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sentence report, being truthful and candid with the probation officer, and not otherwise engaging in 
misconduct that constitutes obstruction of justice within the meaning of USSG § 3C1.1 either in the 
preparation of the pre-sentence report or during the sentencing proceeding. 
C. 
Use of Information for Sentencing.   
The government is free to provide full and accurate information to the Court and the United 
States Probation Office, including answering any inquiries and rebutting any inaccurate statements that 
are made.  The defendant agrees that nothing in this Plea Agreement bars the government from 
defending on appeal or collateral review any sentence that the Court may impose.  
IV. 
ELEMENTS OF THE OFFENSE 
At a trial, the government would have to prove beyond a reasonable doubt the following 
elements to convict the defendant of theft of government property, in violation of 18 U.S.C. § 641: 
1. The defendant knowingly stole property with the intention of depriving the owner of 
the use or benefit of the property; 
2. The property belonged to the United States; and 
3. The value of the property exceeded $1,000. 
The defendant understands the nature and elements of the crime charged in the Information to which he 
is pleading guilty, together with the possible defenses thereto, and has discussed them with his attorney. 
V. 
MAXIMUM SENTENCE 
A. 
Maximum Penalty.   
The maximum sentence that the Court can impose is ten years of incarceration, a fine of 
$250,000, three years of supervised release, and a special assessment of $100.  By signing this Plea 
Agreement, the defendant agrees that the Court can order the payment of restitution for the full loss 
caused by the defendant’s misconduct.  The defendant also agrees that the restitution order is not 
restricted to the amounts alleged in the specific count to which he is pleading guilty, though the 
government agrees to recommend that the amount of restitution should not exceed $850,000.    
B. 
Supervised Release Violations.  
The defendant agrees that if he violates a condition of supervised release at any time during the 
term of supervised release, the Court may revoke the term of supervised release and require him to serve 
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up to two additional years of imprisonment. 
VI. 
SENTENCING DETERMINATION 
A. 
Statutory Authority.   
The defendant understands that the Court must consult the Federal Sentencing Guidelines and 
must take them into account when determining a final sentence.  The defendant understands that the 
Court will determine a non-binding and advisory guideline sentencing range for this case pursuant to the 
Sentencing Guidelines and must take them into account when determining a final sentence.  The 
defendant further understands that the Court will consider whether there is a basis for departure from the 
guideline sentencing range (either above or below the guideline sentencing range) because there exists 
an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into 
consideration by the Sentencing Commission in formulating the Guidelines.  The defendant further 
understands that the Court, after consultation and consideration of the Sentencing Guidelines, must 
impose a sentence that is reasonable in light of the factors set forth in 18 U.S.C. § 3553(a). 
 
B. 
Stipulated USSG Calculations.   
The parties agree that there is no material dispute as to the following USSG variables and 
therefore stipulate to the following:  
1. 
Criminal History:  The parties estimate, but do not stipulate, that the defendant’s     
Criminal History Category is I.    
2. 
Base Offense Level: 6 
3. 
Loss Amount: +14 (over $550,000 but under $1,500,000) 
4. 
Government Variance:  -2  
5. 
Acceptance of Responsibility: - 3 
6. 
Total Offense Level: 15 (or 13, if he is a zero point offender under 4C1.1 at the 
time of sentencing) 
7. 
Sentencing Range:    18-24 months or 12-18 months  (The defendant understands 
that if the criminal history category differs from the parties’ estimate, his Guidelines 
sentencing range may differ from that set forth here.) 
6. 
Departures or Other Enhancements or Reductions:  
The parties agree that they will not seek or argue in support of any other specific offense 
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characteristics, Chapter Three adjustments other than the decrease for “Acceptance of Responsibility,” 
or cross-references, except that the government may move for a departure or adjustment based on 
defendant’s post-plea obstruction of justice.  The parties also agree not to move for, or argue in support 
of, any other departures from the USSG. 
7. 
Parties’ Sentencing Recommendations:  
The government will recommend that the defendant be sentenced to a term of imprisonment 
within the applicable guideline range as determined by the Court.  The defendant is free to recommend 
to the Court whatever sentence he believes is appropriate under 18 U.S.C. § 3553(a) down to probation. 
VII. 
WAIVERS 
A. 
Waiver of Constitutional Rights.   
The defendant agrees that by pleading guilty he is waiving the following constitutional rights:  
(1) to plead not guilty and to persist in that plea if already made, (2) to be tried by a jury, (3) to be 
assisted at trial by an attorney, who would be appointed if necessary, (4) to pursue any affirmative 
defenses, Fourth Amendment or Fifth Amendment claims, constitutional challenges to the statutes of 
conviction, and other pretrial motions that have been filed or could be filed, (5) to subpoena witnesses to 
testify on his behalf, (6) to confront and cross-examine witnesses against him, and (7) not to be 
compelled to incriminate himself. 
B. 
Waiver of Appeal and Collateral Attack.   
The defendant agrees that the law gives him a right to appeal his guilty plea, conviction, and 
sentence.  The defendant also agrees as part of his plea, however, to give up the right to appeal the guilty 
plea, conviction, and sentence imposed in this case as long as the sentence does not exceed the statutory 
maximum for the offense to which he is pleading guilty.  Finally, the defendant agrees that this waiver 
includes, but is not limited to, any and all constitutional or legal challenges to his conviction and guilty 
plea, including arguments that the statute to which he is pleading guilty is unconstitutional, and any and 
all claims that the statement of facts attached to this Plea Agreement is insufficient to support his guilty 
plea.  The defendant gives up the right to appeal any order of restitution that the Court may impose.   
Notwithstanding the defendant’s waiver of appeal, the defendant will retain the right to appeal if 
the sentence imposed by the Court exceeds the statutory maximum or the government appeals the 
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sentence in the case.  The defendant agrees that these circumstances occur infrequently and that in 
almost all cases this Plea Agreement constitutes a complete waiver of all appellate rights. 
In addition, regardless of the sentence the defendant receives, he also gives up any right to bring 
a collateral attack, including a motion under 28 U.S.C. §§ 2255 or 2241, challenging any aspect of the 
guilty plea, conviction, or sentence, except for non-waivable claims.   
Notwithstanding the government’s agreements in paragraph III.A above, if the defendant ever 
attempts to vacate his plea, dismiss the underlying charge, or modify or set aside his sentence on the 
count to which he is pleading guilty, the government shall have the rights set forth in Section II.E.  
C. 
Waiver of Attorneys’ Fees and Costs.  
The defendant agrees to waive all rights under the “Hyde Amendment,” Section 617, P.L. 105-
119 (Nov. 26, 1997), to recover attorneys’ fees or other litigation expenses in connection with the 
investigation and prosecution of all charges in the above-captioned matter and of any related allegations. 
D. 
Impact of Plea on Defendant’s Immigration Status.  
The defendant recognizes that pleading guilty may have consequences with respect to his 
immigration status if he is not a citizen of the United States.  Under federal law, a broad range of crimes 
are removable offenses, including the offense to which the defendant is pleading guilty.  Removal and 
other immigration consequences are the subject of a separate proceeding, however, and defendant agrees 
that no one, including his attorney or the district court, can predict to a certainty the effect of his 
conviction on his immigration status.  Defendant nevertheless affirms that he wants to plead guilty 
regardless of any immigration consequences that his plea may entail, even if the consequence is his 
automatic removal from the United States. 
VIII. 
ENTIRE PLEA AGREEMENT 
Other than this Plea Agreement, no agreement, understanding, promise, or condition between the 
government and the defendant exists, nor will such agreement, understanding, promise, or condition 
exist unless it is committed to in writing and signed by the defendant, counsel for the defendant, and 
counsel for the government. 
/// 
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I X . 
A P P R O V A L S 
A N D 
S I G N A T U R E S
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Defense Counsel:
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A .
Ihave read this Plea Agreement and have discussed it fully with my client. The Plea Agreement
accurately and completely sets forth the entirety of the agreement. 1concur in my client’s decision to
plead guilty as set forth in this Plea Agreement.
Dated:
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M I C H A E L M C H E E L Y
Attorney for Gurjeet Bath
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D e f e n d a n t :
B .
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1have read this Plea Agreement and carefully reviewed every part of it with my attorney. 1
understand it, and 1voluntarily agree to it. 1have consulted with my attorney and fully understand my
rights with respect to the provisions of the USSG that may apply to my case. No other promises or
inducements have been made to me, other than those contained in this Plea Agreement. No one has
threatened or forced me to enter into this Plea Agreement, and 1am satisfied with the representation of
my attorney in this case.
Dated:
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G U R J E E T B A T H
D e f e n d a n t
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Attorney for United States:
Iaccept and agree to this Plea Agreement on behalf of the government.
P H I L L I P A . T A L B E R T
United States Attorney
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Dated:
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J E F F R E Y A . S P I VA K
Assistant United States Attorney
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8/15/2024
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EXHIBIT A 
FACTUAL BASIS FOR PLEA 
If this matter proceeded to trial, the United States would establish the following facts beyond a 
reasonable doubt which the Defendant Gurjeet Bath agrees are true and correct: 
At all relevant times, Defendant Gurjeet Bath operated, himself and with family members, two 
trucking businesses:  G.S. Bath, Inc. and Complete Transportation Solutions (CTS), operating in Fresno 
County in the State and Eastern District of California. 
In/around April 20, 2020, Bath caused G.S. Bath, Inc. to apply for and receive a COVID-19 
Paycheck Protection Program ("PPP") loan for approximately $366,000 from the United States Small 
Business Administration ("SBA"). Then, in and around March 10, 2021 Bath caused G.S. Bath, Inc. to 
apply for and receive a PPP loan for approximately $475,000 from the SBA.  For the two G.S. Bath, Inc. 
PPP loans, Bath falsified records he provided to the SBA to misrepresent and inflate the number of 
employees G.S. Bath, Inc. had, and to misrepresent and inflate and the gross wages paid by G.S. Bath, 
Inc.  Bath knew these representations were false at the time he made them to the SBA.  Based on Bath’s 
material misrepresentations, G.S. Bath, Inc.’s PPP loans were approved and the SBA transferred to Bath 
and his family members approximately $366,000 and approximately $475,000 which were received and 
deposited into bank accounts in Fresno County, State and Eastern District of California.  
Bath then used approximately $600,000 of those funds to purchase two parcels of agricultural 
land in Fresno County.   
In/around May 7, 2020, Bath caused CTS to apply for and receive a PPP loan for approximately 
$198,000 from the SBA.  To obtain the loan, Bath knowingly falsified records to misrepresent the 
number of CTS employees and names of those employees, and misrepresent that CTS paid gross wages 
to those employees.  Bath then submitted those falsified records to the SBA.  Based on Bath’s material 
misrepresentations, CTS’s PPP loan was approved and the SBA transferred to Bath approximately 
$198,000 which were received and deposited into bank accounts in Fresno County, State and Eastern 
District of California. 
The government estimates that G.S. Bath, Inc. would have been eligible to legitimately receive 
approximately $87,934 for the first PPP loan (as opposed to the $366,170 it received) and approximately 
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$147,429 on the second PPP loan (as opposed to the $475,400 it received). CTS would not have been
eligible for aPPP loan. Thus Bath received $1,040,288 but was only eligible for $235,363, resulting in
approximately $804,925 that Bath obtained fraudulently.
Bath agrees that he knowingly stole over $800,000 of government money with the intention of
depriving the government of the use or benefit of the money in violation of 18 U.S.C. §641.
1, GURJEET BATH, have read the Factual Basis for Plea and agree to the facts and stipulations
contained therein.
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D a t e d :
GURJEET BATH, Defendant
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gov.uscourts.caed.451006.2.0.pdf

Original

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