Court filing
Plea Agreement — United States v. Bully
Filed September 19, 2023 in U.S. v. Bully; one of 11 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-09-19 |
U.S. District Court for the Southern District of Florida · No. 9:23-cr-80141-DMM · Doc. 16 · 2023-09-19 · Docket on CourtListener
Full text
.• f
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-CR-80141-DMM
UNITED STATES OF AMERICA,
v.
EMMANUEL BULLY, JR.,
Defendant.
____________ ___.:/
PLEA AGREEMENT
The United States Attorney's Office for the Southern District of Florida (''this Office") and
EMMANUEL BULLY, JR. (hereinafter referred to as the "defendant") enter into the following
agreement:
1.
The defendant agrees to plead guilty to Count 1 of the Indictment, which charges
the defendant with Wire Fraud, in violation of Title 18, United States Code, Section 1343.
I
2.
This Office agrees to seek dismissal of the remaining counts in the Indictment after
sentencing.
3.
The defendant is aware that the sentence will be imposed by the Court after
considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter
"Sentencing Guidelines"). The defendant acknowledges and understands that the Court will
compute an advisory sentence under the Sentencing Guidelines and that t~e applicable guidelines
will be determined by the Court relying in part on the results of a pre-sentence investigation by the
Court's probation office, which investigation will commence after the guilty plea has been entered.
The defendant is also aware that, under certain circumstances, the Court may depart from the
advisory sentencing guideline range that it has computed, and may raise or lower that advisory
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 1 of 7
sentence under the Sentencing Guidelines. The defendant is further aware and understands that
the Court is required to consider the advisory guideline range determined under the Sentencing
Guidelines, but is not bound to impose a sentence within that advisory range; the Court is permitted
to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either
more severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts,
the defendant understands and acknowledges that the Court has the authority to impose any
sentence within and up to the statutory maximum authorized by law for the offense(s) identified
in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence
imposed.
4.
The defendant also understands and acknowledges that, as to Count 1, the Court
may impose a statutory maximum term of imprisonment ofup to twenty (20) years, followed by a
term of supervised release of up to three (3) years. In addition to a term of imprisonment and
supervised release, the Court may impose a fine ofup to $250,000 or twice the gross gain or gross
loss resulting from the offense. The Court also must impose restitution and criminal forfeiture.
5.
The defendant further understands and acknowledges that, in addition to any
sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of
$100 will be imposed on the defendant for each count of conviction. The defendant agrees that
any special assessment imposed shall be paid at the time of sentencing.
6.
This Office reserves the right to inform the Court and the probation office of all
facts pertinent to the sentencing process, including all relevant information concerning the
offense(s) committed, whether charged or not, as well as concerning the defendant and the
defendant's background. Subject only to the express terms of any agreed-upon sentencing
Page 2 of 7
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 2 of 7
recommendations contained in this agreement, this Office further reserves the right to make any
recommendation as to the quality and quantity of punishment.
7.
This Office agrees that it will not pursue money laundering charges arising from
the scheme described in the Indictment.
8.
This Office and the defendant agree that, although not binding on the probation
office or the Court, they will jointly recommend that the Court make the following findings as to
the guideline calculations:
a.
Base Offense Level: the parties agree that pursuant to Sentencing Guideline
§2Bl.l(a)(l), the appropriate base offense level is seven (7).
b.
Loss Amount:
the parties agree that pursuant to Sentencing Guideline
§2Bl.l(b)(l)(K), the relevant loss amount resulting from the defendant's participation in the
offense is $1,394,427 resulting in a fourteen-level enhancement for an amount greater than
$550,000 and less than $1.5 million.
c.
Sophisticated Means: this Office agrees not to seek a sentencing enhancement for
the use of sophisticated means.
The parties remain free to advocate for or against any other sentencing enhancements or
adjustments under the guidelines, and to argue for sentencing variances under 18 U.S.C. §
3553(a).
9.
This Office and the defendant further agree that this Office will not object to the
defendant's request for a downward variance of two levels from the final offense level based solely
on the proposed Guideline amendment "Part C - Adjustment for Certain Zero-Point Offenders"
(U.S.S.G. § 4Cl.1) so long as the defendant meets all of the criteria set forth under the proposed
amendment. In exchange, the defendant expressly agrees that he will not later seek a further
sentence reduction under this provision once the proposed amendment is enacted. This Office
Page 3 of 7
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 3 of 7
remains free to oppose a variance sought on any other grounds. The defendant understands and
agrees that this provision is not binding on the Court or the Probation Office, and that the Court
remains free to deny any variance requested by either party or jointly.
10.
This Office agrees that it will recommend at sentencing that the Court reduce by
two levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section
3El.l(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative
and timely acceptance of personal responsibility. If at the time of sentencing the defendant's
offense level is determined to be 16 or greater, this Office will file a motion requesting an
additional one level decrease pursuant to Section 3E 1.1 (b) of the Sentencing Guidelines, stating .
that the defendant has assisted authorities in the investigation or prosecution of the defendant's
own misconduct by timely notifying authorities of the defendant's intention to enter a plea of
guilty, thereby permitting the government to avoid preparing for trial and permitting the
government and the Court to allocate their resources efficiently. This Office, however, will not
be required to make this motion and this recommendation if the defendant: (1) fails or refuses to
make a full, accurate and complete disclosure to the probation office of the circumstances
surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the
government prior to entering into this plea agreement; or (3) commits any misconduct after
entering into this plea agreement, including but not limited to committing a state or federal offense,
violating any term of release, or making false statements or misrepresentations to any
governmental entity or official.
14.
The defendant is aware that the sentence has not yet been determined by the Court.
The defendant also is aware that any estimate of the probable sentencing range or sentence that the
defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or
Page 4 of 7
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 4 of 7
the probation office, is a prediction, not a promise, and is not binding on this Office, the probation
office or the Court. The defendant understands further that any recommendation that this Office
makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding
on the Court and the Court may disregard the recommendation in its entirety, The defendant
understands and acknowledges, as previously acknowledged in paragraph 3 above, that the
defendant may not withdraw the plea based upon the Court's decision not to accept a sentencing
recommendation made by the defendant, this Office, or a recommendation made jointly by the
',
defendant and this Office.
15.
The defendant agrees, in an individual and any other capacity, to forfeit to the
United States, voluntarily and immediately, any property, real or personal, which constitutes or is
derived from, proceeds obtained directly or indirectly, as a result of such offense, pursuant to Title
18, United States Code, Section 982(a)(2). In addition, the defendant agrees to forfeiture of
substitute property pursuant to 21 U.S.C. § 853(p). The defendant agrees that the value of the
property subject to forfeiture is $503,335 in U.S. currency, and therefore also agrees to the entry
of a forfeiture money judgment in that amount.
16.
The defendant further agrees that forfeiture is independent of any assessment, fine,
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture,
including excessive fmes under the Eighth Amenchnent to the United States Constitution. In
addition, the defendant agrees to waive: any applicable time limits for administrative or judicial
forfeiture proceedings, the requirements of Fed. Rs. Crim. P. 32.2 and 43(a), and any appeal of the
forfeiture.
17.
The defendant also agrees to fully and truthfully disclose the existence, nature and
Page 5 of 7
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 5 of 7
location of all assets in which the defendant has or had any direct or indirect financial interest or
control, and any assets involved in the offense of conviction. The defendant agrees to take all
steps requested by the United States for the recovery and forfeiture of all assets identified by the
United States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon
request of all necessary and appropriate documentation to deliver good and marketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal,
civil or administrative forfeiture proceeding concerning the forfeiture.
18.
The defendant further understands that providing false or incomplete information
about assets, concealing assets, making materially false statements or representations, or making
or using false writings or documents pertaining to assets, taking any action that would impede the
forfeiture of assets, or failing to cooperate fully in the investigation and identification of assets
may be used as a basis for: (i) separate prosecution, including, under 18 U.S.C. § 1001; or (ii)
recommendation of a denial of a reduction for acceptance of responsibility pursuant to the United
States Sentencing Guidelines§ 3El.l.
19.
The defendant understands and acknowledges that the Court must order restitution
for the full amount of a victim's losses pursuant to 18 U.S.C. § 3663A. Defendant understands
that the amount of restitution owed to a victim will be determined at or before sentencing unless
the Court orders otherwise. This Office and the defendant stipulate and agree that the amount of
restitution that the defendant shall pay is $503,335 in United States currency.
20.
The defendant confirms that the defendant is guilty of the offense to which the
defendant is pleading guilty; that the defendant's decision to plead guilty is the decision that the
defendant has made; and that nobody has forced, threatened, or coerced the defendant into pleading
guilty. The defendant affirms that the defendant has reviewed this agreement and enters into it
Page 6 of 7
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 6 of 7
knowingly, voluntarily, and intelligently, and with the benefit of assistance by the defendant's
attorney.
21.
This is the entire agreement and understanding between this Office and the
defendant. There are no other agreements, promises, representations, or understandings.
DATE:
DATE:
DATE:
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
BY:-~-----
SHANNON SHAW
ASSISTANT U.S. ATTORNEY
VO
FOR DEFENDANT
BY:-----=~-----
EMMANUEL BULLY, JR.
DEFENDANT
Page 7 of 7
Case 9:23-cr-80141-DMM Document 16 Entered on FLSD Docket 09/19/2023 Page 7 of 7File and source
- File
- gov.uscourts.flsd.652569.16.0.pdf
- Size
- 178,514 bytes
- SHA-256
- 8e497ee0bae8bacf142c47d028012ccdf9c3a53df29b9202285e630ca04514f4
- Original
- PACER (login required)