Plea Agreement — United States v. Imeesha Bradley (S.D. W. Va.)

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U.S. District Court, Southern District of West Virginia · No. 2:23-cr-00112 · Doc. 18 · 2023-08-01 · Docket on CourtListener

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FILED
AUG - | 23

United States Department of Justice

United States Attorney
SSIVCTEAAY TOLER Southern District of West Virginia
US, District Court
Southem District of West Virginia
Robert C. Byrd United States Courthouse 1-800-659-8726
300 Virginia Street, East 304-345-2200
Suite 4000 FAX: 304-347-5104

Charleston, WV 25301

June 16, 2023

Emily Szopinski, AFPD

Federal Public Defender’s Office

300 Virginia Street, East. Room 3400
Charleston, WV 25301

Re: — United States v. Imeesha Bradley
Criminal No. _2'93-¢er-INWa (USDC SDWV)

Dear Ms. Szopinski:

This will confirm our conversations with regard to your client, Imeesha Bradley
(hereinafter “Ms. Bradley”). As a result of these conversations, it is agreed by and between the
United States and Ms. Bradley as follows:

1. CHARGING AGREEMENT. Ms. Bradley agrees to waive her right pursuant to
Rule 7 of the Federal Rules of Criminal Procedure to be charged by indictment and will consent
to the filing of a single-count information to be filed in the United States District Court for the

Southern District of West Virginia, a copy of which is attached hereto as “Plea Agreement Exhibit
A.”

2 RESOLUTION OF CHARGES. Ms. Bradley will plead guilty to a violation of
18 U.S.C. § 2315 (Receipt of Stolen Money) as charged in said information.

3. MAXIMUM POTENTIAL PENALTY. The maximum penalty to which Ms.
Bradley will be exposed by virtue of this guilty plea is as follows:

(a) Imprisonment for a period of 10 years;

(b) A fine of $250,000.00, or twice the gross pecuniary gain or twice the gross
pecuniary loss resulting from defendant’s conduct, whichever is greater;

(c) A term of supervised release of 3 years;

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(d) A mandatory special assessment of $100.00 pursuant to 18 U.S.C. § 3013; and

(e) An order of restitution pursuant to 18 U.S.C. §§ 3663 and 3664, or as otherwise set
forth in this plea agreement.

4, SPECIAL ASSESSMENT. Prior to the entry of a plea pursuant to this plea
agreement, Ms. Bradley will tender a check or money order to the Clerk of the United States
District Court for $100.00, which check or money order shall indicate on its face the name of
defendant and the case number. The sum received by the Clerk will be applied toward the special
assessment imposed by the Court at sentencing. Ms. Bradley will obtain a receipt of payment from
the Clerk and will tender a copy of such receipt to the United States, to be filed with the Court as
an attachment to this plea agreement. If Ms. Bradley fails to provide proof of payment of the
special assessment prior to or at the plea proceeding, the United States will have the right to void
this plea agreement. In the event this plea agreement becomes void after payment of the special
assessment, such sum shall be promptly returned to Ms. Bradley.

5. RESTITUTION. — Notwithstanding the offense of conviction, Ms. Bradley
agrees that she owes restitution in the amount of at least $18,703 and agrees to pay such restitution,
with interest as allowed by law, to the fullest extent financially feasible. In aid of restitution, Ms.
Bradley further agrees as follows:

(a) Ms. Bradley agrees to fully assist the United States in identifying and locating any
assets to be applied toward restitution and to give signed, sworn statements and
testimony concerning assets upon request of the United States.

(b) Ms. Bradley will fully complete and execute, under oath, a Financial Statement and
a Release of Financial Information on forms supplied by the United States and will
return these completed forms to counsel for the United States within seven calendar
days from the date of the signing of this plea agreement.

(c) Ms. Bradley agrees not to dispose of, transfer or otherwise encumber any real or
personal property which she currently owns or in which she holds an interest.

(d) Ms. Bradley agrees to fully cooperate with the United States in the liquidation of
assets to be applied towards restitution, to execute any and all documents necessary
to transfer title of any assets available to satisfy restitution, to release any and all
right, title and interest she may have in and to such property, and waives her right

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to exemptions under the Federal Debt Collection Procedures Act upon levy against
and the sale of any such property.

(e) Ms. Bradley agrees not to appeal any order of the District Court imposing
restitution unless the amount of restitution imposed exceeds the amount set forth in
this plea agreement. However, nothing in this provision is intended to preclude the
Court from ordering Ms. Bradley to pay a greater or lesser sum of restitution in
accordance with law.

6. PAYMENT OF MONETARY PENALTIES. Ms. Bradley authorizes the
Financial Litigation Program in the United States Attorney’s Office to obtain a credit report from
any major credit reporting agency prior to sentencing in order to assess her financial condition for
sentencing purposes. Ms. Bradley agrees not to object to the District Court ordering all monetary
penalties (including the special assessment, fine, court costs, and any restitution that does not
exceed the amount set forth in this plea agreement) to be due and payable in full immediately and
subject to immediate enforcement by the United States. So long as the monetary penalties are
ordered to be due and payable in full immediately, Ms. Bradley further agrees not to object to the
District Court imposing any schedule of payments as merely a minimum schedule of payments
and not the only method, nor a limitation on the methods, available to the United States to enforce
the judgment.

Ms. Bradley authorizes the United States, through the Financial Litigation Program, to
submit any unpaid criminal monetary penalty to the United States Treasury for offset in accordance
with the Treasury Offset Program, regardless of the defendant’s payment status or history at that
time.

In addition to any payment ordered by the Court, Ms. Bradley shall pay all monies received
from any source other than earned income, including but not limited to, lottery winnings, gambling
proceeds, judgments, inheritances, and tax refunds, toward the court ordered restitution or fine.

Ms. Bradley agrees that if she retains counsel or has appointed counsel in response to the
United States’ efforts to collect any monetary penalty, she shall immediately notify the United
States Attorney’s Office, Attention: Financial Litigation Program, 300 Virginia Street E., Suite
4000, Charleston, West Virginia 25301, in writing and shall instruct her attorney to notify FLP
immediately of her representation.

7. COOPERATION. Ms. Bradley will be forthright and truthful with this office and
other law enforcement agencies with regard to all inquiries made pursuant to this agreement, and

ay

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will give signed, sworn statements and grand jury and trial testimony upon request of the United
States. In complying with this provision, Ms. Bradley may have counsel present except when
appearing before a grand jury. Further, Ms. Bradley agrees to be named as an unindicted co-
conspirator and unindicted aider and abettor, as appropriate, in subsequent indictments or
informations.

8. USE IMMUNITY. Unless this agreement becomes void due to a violation of any
of its terms by Ms. Bradley, and except as expressly provided for in paragraph 10, nothing
contained in any statement or testimony provided by her pursuant to this agreement, or any
evidence developed therefrom, will be used against her, directly or indirectly, in any further
criminal prosecutions or in determining the applicable guideline range under the Federal
Sentencing Guidelines.

9. LIMITATIONS ON IMMUNITY. Nothing contained in this agreement restricts
the use of information obtained by the United States from an independent, legitimate source,
separate and apart from any information and testimony provided pursuant to this agreement, in
determining the applicable guideline range or in prosecuting Ms. Bradley for any violations of
federal or state laws. The United States reserves the right to prosecute Ms. Bradley for perjury or
false statement if such a situation should occur pursuant to this agreement.

10. STIPULATION OF FACTS AND WAIVER OF FED. R. EVID. 410. The
United States and Ms. Bradley stipulate and agree that the facts comprising the offense of
conviction include the facts outlined in the “Stipulation of Facts,” a copy of which is attached
hereto as “Plea Agreement Exhibit B.”

Ms. Bradley agrees that if she withdraws from this agreement, or this agreement is voided
as a result of a breach of its terms by her, and she is subsequently tried for her conduct alleged in
the information, as more specifically described in the Stipulation of Facts, the United States may
use and introduce the Stipulation of Facts in the United States case-in-chief, in cross-examination
of Ms. Bradley or of any of her witnesses, or in rebuttal of any testimony introduced by her or on
her behalf. Ms. Bradley knowingly and voluntarily waives, see United States v. Mezzanatto, 513
U.S. 196 (1995), any right she has pursuant to Fed. R. Evid. 410 that would prohibit such use of
the Stipulation of Facts. If the Court does not accept the plea agreement through no fault of the
defendant, or the Court declares the agreement void due to a breach of its terms by the United
States, the Stipulation of Facts cannot be used by the United States.

The United States and Ms. Bradley understand and acknowledge that the Court is not bound
by the Stipulation of Facts and that if some or all of the Stipulation of Facts is not accepted by the

ma
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Court, the parties will not have the right to withdraw from the plea agreement.

11. AGREEMENT ON SENTENCING GUIDELINES. Based on the foregoing
Stipulation of Facts, the United States and Ms. Bradley agree that the following provisions of the
United States Sentencing Guidelines apply to this case.

Description | Guideline Section Offense Level

Base Offense Level §2B1.1(a)(1) 6
Loss Greater Than $15,000 §2B1.1(b)(1)(C) +4
Adjusted Offense Level 10 |

The United States and Ms. Bradley acknowledge and understand that the Court and the
Probation Office are not bound by the parties’ calculation of the United States Sentencing
Guidelines set forth above and that the parties shall not have the right to withdraw from the plea
agreement due to a disagreement with the Court's calculation of the appropriate guideline range.

12. WAIVER OF APPEAL AND COLLATERAL ATTACK. Ms. Bradley
knowingly and voluntarily waives her right to seek appellate review of her conviction and of any
sentence of imprisonment, fine, or term of supervised release imposed by the District Court, or the
manner in which the sentence was determined, on any ground whatsoever including any ground
set forth in 18 U.S.C. § 3742(a), except that the defendant may appeal any sentence that exceeds
the maximum penalty prescribed by statute. Ms. Bradley also knowingly and voluntarily waives
any right to seek appellate review of any claim or argument that (1) the statute of conviction (18
U.S.C. § 2315) is unconstitutional, and (2) Ms. Bradley’s conduct set forth in the Stipulation of
Facts (Plea Agreement Exhibit B) does not fall within the scope of 18 U.S.C. § 2315.

The United States also agrees to waive its right to appeal any sentence of imprisonment,
fine, or term of supervised release imposed by the District Court, or the manner in which the
sentence was determined, on any ground whatsoever, including any ground set forth in 18 U.S.C.
§ 3742(b), except that the United States may appeal any sentence that is below the minimum
penalty, if any, prescribed by statute.

Ms. Bradley also knowingly and voluntarily waives the right to challenge her guilty plea
and conviction resulting from this plea agreement, and any sentence imposed for the conviction,
in any collateral attack, including but not limited to a motion brought under 28 U.S.C. § 2255.

The waivers noted above shall not apply to a post-conviction collateral attack or direct

appeal based on a claim of ineffective assistance of counsel. ,
LY

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13. WAIVER OF FOIA AND PRIVACY RIGHT. Ms. Bradley knowingly and
voluntarily waives all rights, whether asserted directly or by a representative, to request or receive
from any department or agency of the United States any records pertaining to the investigation or
prosecution of this case, including without any limitation any records that may be sought under
the Freedom of Information Act (FOIA), 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. §
552a, following final disposition.

14. FINAL DISPOSITION. The matter of sentencing is within the sole discretion of
the Court. The United States has made no representations or promises as to a specific sentence.
The United States reserves the right to:

(a) Inform the Probation Office and the Court of all relevant facts and conduct;

(b) Present evidence and argument relevant to the factors enumerated in 18 U.S.C. §
3553(a);

(c) Respond to questions raised by the Court;
(d) Correct inaccuracies or inadequacies in the presentence report;
(e) Respond to statements made to the Court by or on behalf of Ms. Bradley;

(f) Advise the Court concerning the nature and extent of Ms. Bradley’s cooperation;
and

(g) Address the Court regarding the issue of Ms. Bradley’s acceptance of
responsibility.

15. VOIDING OF AGREEMENT. If either the United States or Ms. Bradley violates
the terms of this agreement, the other party will have the right to void this agreement. If the Court
refuses to accept this agreement, it shall be void.

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16. ENTIRETY OF AGREEMENT. This written agreement constitutes the entire
agreement between the United States and Ms. Bradley in this matter. There are no agreements,
understandings or recommendations as to any other pending or future charges against Ms. Bradley
in any Court other than the United States District Court for the Southern District of West Virginia.

Acknowledged and agreed to on behalf of the United States:

WILLIAM S. THOMPSON
United States Attorney

M.

M. RYAN BLACKWELL
Assistant United States Attorney

MRB/fge

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I hereby acknowledge by my initials at the bottom of each of the foregoing pages and by my
signature on the last page of this 8-page agreement that I have read and carefully discussed every
part of it with my attorney, that I understand the terms of this agreement, and that I voluntarily
agree to those terms and conditions set forth in the agreement. I further acknowledge that my
attorney has advised me of my rights, possible defenses, the Sentencing Guideline provisions, and
the consequences of entering into this agreement, that no promises or inducements have been made
to me other than those in this agreement, and that no one has threatened me or forced me in any
way to enter into this agreement. Finally, I am satisfied with the representation of my attorney in

this matter.
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WNL. “73-23
meesha Bradley Date Signed

7-7-2022

Date Signed

Counsel for Defendant

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UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA

. -cr-ll &
"7 CRIMINAL No, 4% 237¢%
18 U.S.C. § 2315

IMEESHA BRADLEY
INFORMATION
The United States Attorney Charges:

From on or about May 10, 2021, through on or about May 14, 2021, at or near Nitro,
Kanawha County, West Virginia, within the Southern District of West Virginia, and elsewhere,
defendant IMEESHA BRADLEY received, possessed, concealed, stored, bartered, sold and
disposed of goods, wares, merchandise, securities, and money of the value of $5,000 and more,
which had crossed a state boundary after being stolen, unlawfully converted, and taken, to wit:
defendant IMEESHA BRADLEY received proceeds of a Paycheck Protection Program fraud
scheme that she knew had been stolen and unlawfully converted and which were transferred from
bank accounts located in the State of California and withdrawn from bank branches at or near

Nitro, Kanawha County, West Virginia, and elsewhere.

All in violation of Title 18, United States Code, Section 2315.

WILLIAM S. THOMPSON
United States Attorney

i. RYANATACK WELL
Aas ant United States Attorney

PLEA AGREEMENT EXHIBIT “A”

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 3°.33-C¢-1bd
IMEESHA BRADLEY
STIPULATION OF FACTS

The United States and Imeesha Bradley (hereinafter “defendant”, “I”, “my”, and “me”
stipulate and agree that the facts comprising the offense of conviction in the Information, include
the following:!

Paycheck Protection Program Background

L. The Paycheck Protection Program (“PPP”) was a COVID-19 pandemic relief
program administered by the Small Business Administration (“SBA”) that provided forgivable loans
to small businesses for job retention and certain other expenses.

oe The PPP permitted participating third-party lenders to approve and disburse SBA-
backed PPP loans to cover payroll, fixed debts, utilities, rent/mortgage, accounts payable and other
bills incurred by qualifying businesses during, and resulting from, the COVID-19 pandemic. PPP
loans were fully guaranteed by the SBA.

3. To obtain a PPP loan, a qualifying business had to submit a PPP loan application,
which was signed by an authorized representative of the business. The PPP loan application required
the business (through its authorized representative) to acknowledge the program rules and make
certain affirmative certifications to be eligible to obtain the PPP loan, including that the business was
in operation and either had employees for whom it paid salaries and payroll taxes or paid independent
contractors. A business applying for a PPP loan was required to provide documentation showing its
payroll expenses, such as filed federal income tax documents.

Defendant’s Factual Basis for Plea

4, From April 21, 2021, through on or about May 31, 2021, I knowingly defrauded and
obtained money from a lender in California and the SBA.

3 I applied for a PPP loan on behalf of my purported business “Imeesha Bradley.”
However, Imeesha Bradley was not a registered business entity in the State of West Virginia at the
time I applied for the loan, nor was Imeesha Bradley ever engaged in legitimate business activity.

' This Stipulation of Facts does not contain every fact known to defendant Imeesha Bradley and to
the United States concerning her involvement in the charges set forth in the Information and relevant
conduct.
PLEA AGREEMENT EXHIBIT “B”
1
6. I falsely represented in my PPP loan application that Imeesha Bradley —a fictitious
business—teceived $89,776 in gross income during 2020 and sought a PPP loan amount of $18,703.

7. A PPP lender headquartered in California approved my fraudulent PPP loan
application. After my fraudulent PPP loan application was approved, the California based lender
designated the funds for me, and arranged for the funds to be deposited into my personal bank
account.

8. On May 10, 2021, a bank headquartered in California initiated an ACH transfer of the
$18,703 to my personal bank account. The same day, I withdrew $5,000 of the stolen funds from a
bank branch located in Nitro, West Virginia. Three days later, on May 14, 2021, I withdrew an
additional $7,000 in cash from a bank branch located in Nitro, West Virginia.

9. The $12,000 in cash that I withdrew traveled in interstate commerce after it was stolen
because the money belonged to a lender in California, ownership of the money converted to me based
on my fraudulent PPP loan application, and I ultimately withdrew the cash at bank branches in
Kanawha County, West Virginia, within the Southern District of West Virginia.

10. The United States and I stipulate and agree that the Nitro, Kanawha County, West
Virginia, is within the Southern District of West Virginia.

Stipulated and agreed to:

(Qn poe Mie«, 7-8 Ad

~T CJMEESHA BRADLEY Date
OMe

( /-7- 202-3
E SZOP Date

Counsel for Defendant

[ssn a/[23
M. RYAN BLACKWELL Date
Assistant United States Attorney

PLEA AGREEMENT EXHIBIT “B”
2

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