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Home Court filings U.S. v. Dixon Guilty Plea and Plea Agreement — Derek Parker

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Guilty Plea and Plea Agreement — Derek Parker

Summary

A Guilty Plea and Plea Agreement between the United States Attorney for the Northern District of Georgia and defendant Derek Parker, filed April 14, 2022 as Document 454-1 in Criminal No. 1:20-cr-00296-JPB-CMS in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Entered under Rules 11(c)(1)(A) & (B) of the Federal Rules of Criminal Procedure, it records a plea of guilty to Count 18 and the rights waived. The acknowledgment of penalties lists a maximum 20 years of imprisonment, no mandatory minimum, supervised release of 0 years to 3 years, a maximum fine of $250,000, full restitution, forfeiture and a $100.00 special assessment. The Government agrees that remaining counts will be dismissed under Standing Order No. 07-04, and the agreement addresses cooperation and restitution of $818,101.00 jointly and severally with co-defendants. It runs 20 pages.

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

No. 1:20-cr-00296-JPB-CMS · Doc. 454-1 · Docket on CourtListener

Full text

Case 1:20-cr-00296-JPB-CMS                 Document 454-1   Filed 04/14/22   Page 1 of 20




                              GUILTY PLEA and PLEA AGREEMENT
  United St<it^s Attornev
  Northern DL<<trict of CfCor^i<i




                                     UNITED STATES DISTRICT COURT
                                    NORTHERN DISTRICT OF GEORGIA
                                          ATLANTA DIVISION
                                    CRIMINAL NO. l:20-cr-296-JPB-CMS

         The United States Attorney for the Northern District of Georgia ("the

  Government ) and Defendant Derek Parker enter into this plea agreement as set

  forth below in Part IV pursuant to Rules ll(c)(l)(A) & (B) of the Federal Rules of

  Criminal Procedure. Derek Parker, Defendant/ having received a copy of the

  above-numbered Indictment and having been arraigned/ hereby pleads GUILTY

  to Count 18.


                                      I. ADMISSig^LQF GUILT

         1. The Defendant admits that he is pleading guilty because he is in fact guilty

  of the crime(s) charged in Count 18.

                              II. ACKNOWLEDGMENT & WAIVER OF RIGHTS

         2. The Defendant understands that by pleading guilty/ he is giving up the

  right to plead not guilty and the right to be tried by a jury. At a trial/ the

  Defendant would have the right to an attorney/ and if the Defendant could not

  afford an attorney/ the Court would appoint one to represent the Defendant at

  trial and at every stage of the proceedings. During the trial, the Defendant would

  be presumed innocent and the Government would have the burden of proving

  him guilty beyond a reasonable doubt. The Defendant would have the right to

  confront and cross-examine the witnesses against him. If the Defendant wished/

  he could testify on his own behalf and present evidence in his defense/ and he
Case 1:20-cr-00296-JPB-CMS        Document 454-1          Filed 04/14/22   Page 2 of 20




could subpoena witnesses to testify on his behalf. If, however/ the Defendant did

not wish to testify/ that fact could not be used against him/ and the Government

could not compel him to incriminate himself. If the Defendant were found guilty

after a trial/ he would have the right to appeal the conviction.

    3. The Defendant understands that by pleading guilty, he is giving up all of

these rights and there will not be a trial of any kind.

    4. By pleading guilty/ the Defendant also gives up any and all rights to pursue

any affirmative defenses/ Fourth Amen.dment or Fifth Amendment claims, and

other pretrial motions that have been filed or could have been filed.

    5. The Defendant also understands that he ordinarily would have the right to

appeal his sentence and, under some circumstances/ to attack the conviction and

sentence in post-conviction proceedings. By entering this Plea Agreement, the

Defendant may be waiving some or all of those rights to appeal and to

 collaterally attack his conviction and sentence/ as specified below.

    6. Finally/ the Defendant understands that/ to plead guilty, he may have to

 answer/ under oath, questions posed to him by the Court concerning the rights

 that he is giving up and the facts of this case, and the Defendant's answers, if

 untruthful/ may later be used against him in a prosecution for perjury or false

 statements.


                III. ACKNOWLEDGMENT OF PENALTIES

    7. The Defendant understands that/ based on his plea of guilty/ he will be

 subject to the following maximum and mandatory minimum penalties:

 As to Count 18
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            a. Maxmwm term of imprisonment: 20 years.

            b. Mandatory minimum term of imprisonment: None.

            c. Term of supervised release: 0 years to 3 years.

            d. Maximum fine: $250,000, or twice the gain or twice the loss/

               whichever is greatest/ due and payable immediately.

            e. Full restitution/ due and payable immediately/ to all victims of the

               offense(s) and relevant conduct.

            f. Mandatory special assessment: $100.00, due and payable

               immediately.

            g. Forfeiture of any and all proceeds from the commission of the

               offense, any and all property used or intended to be used to facilitate

               the offense/ and any property involved m the offense.

     8. The Defendant understands that/ before imposing sentence in this case,the

  Court will be required to consider, among other factors/ the provisions of the

  United States Sentencing Guidelines and that/ under certain circumstances, the

  Court has the discretion to depart from those Guidelines. The Defendant further

  understands that the Court may impose a sentence up to and including the

  statutory maximum as set forth in the above paragraph and that no one can.

  predict his exact sentence at this time.

     9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that

  pleading guilty may have consequences with respect to 1-us 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

                                             3
Case 1:20-cr-00296-JPB-CMS        Document 454-1       Filed 04/14/22    Page 4 of 20




pleading guilty. Indeed, because the Defendant is pleading guilty to this offense/

removal is presumptively mandatory. Removal and other immigration

consequences are the subject of a separate proceeding, however/ and the

Defendant understands that no one/ including his attorney or the District Court/

can predict to a certainty the effect of his conviction on his unmigration status.

The 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.

                           IV. PLEA AGREEMENT

   10. The Defendant/ his counsel/ and the Government/ subject to approval by

the Court/ have agreed upon a negotiated plea in this case/ the terms of which are

as follows:

                               Dismissal of Counts

   11. The Government agrees that/ upon the entry of the Judgment and

Commitment Order/ any and all remaining counts in the above-styled case still

pending against the Defendant shall be dismissed pursuant to Standing Order

No. 07-04 of this Court and to Rule 48(a) of the Federal Rules of Criminal

Procedure. The Defendant understands that the Probation Office and the Court

may still consider the conduct underlying such dismissed counts m determining

relevant conduct under the Sentencing Guidelines and a reasonable sentence

under Title 18, United States Code, Section 3553(a).
Case 1:20-cr-00296-JPB-CMS        Document 454-1       Filed 04/14/22      Page 5 of 20




                               No Additional Charges

    12. The United States Attorney for the Northern District of Georgia agrees not

 to bring further criminal charges agamst the Defendant related to the charges to

 which he is pleading guilty. The Defendant understands that this provision does

 not bar prosecution by any other federal/ state/ or local jurisdiction.

                     Sentencing Guidelines Recommendations

    13. Based upon the evidence currently known to the Government/ the

 Government agrees to make the following recommendations and/or to enter into

 the following stipulations.

 Base/Adjusted Offense Level

    14. The Government agrees to recommend and the Defendant agrees that:

           a. The applicable offense guideline is Section 2B1.1.

           b. The Defendant receive the 14-level upward adjustment pursuant to

              Section 2Bl.l(b)(l)(H) because the loss amount is more than $550/000

              and less than $1/500/000.

 Obsh-uction & Related Adjustments

    15. The Government agrees to recommend and the Defendant agrees that:

           a. The Defendant not receive the 2-Ievel upward adjustment pursuant

              to Section 3C1.1.

 Acceptance of Responsibility

    16. The Government will recommend that the Defendant receive an offense

 level adjustment for acceptance of responsibility/ pursuant to Section 3E1.1/ to

 the maximum extent authorized by the guideline. However/ the Government will

 not be required to recommend acceptance of responsibility if/ after entering this
Case 1:20-cr-00296-JPB-CMS         Document 454-1      Filed 04/14/22     Page 6 of 20




 Plea Agreement, the Defendant engages in conduct inconsistent with accepting

 responsibility. Thus/ by way of example only/ should the Defendant falsely deny

 or falsely attempt to minimize the Defendant's mvolvement in relevant offense

 conduct, give conflicting statements about the Defendant's involvement, fail to

 pay die special assessment/ fail to meet any of the obligations set forth in the

 Financial Cooperation Provisions set forth below/ or participate in additional

 criminal conduct/ including unlawful personal use of a controlled substance, the

 Government will not be required to recommend acceptance of responsibility.

                Right to Answer Questions, Correct Misstatements,
                            and Make Recommendations

    17. The parties reserve the right to inform the Court and the Probation Office

 of all facts and circumstances regarding the Defendant and this case, and to

 respond to any questions from the Court and the Probation Office and to any

 misstatements of fact or law. Except as expressly stated elsewhere in this Plea

 Agreement, the parties also reserve the right to make recommendations

 regarding application of the Sentencing Guidelines. The parties understand/

 acknowledge/ and agree that there are no agreements between the parties with

 respect to any Sentencing Guidelines issues other than those specifically listed.

                        Right to Modify Recommendations

    18. With regard to the Government's recommendation as to any specific

 application of the Sentencing Guidelines as set forth elsewhere in this Plea

 Agreement, the Defendant understands and agrees that/ should the Government

 obtain or receive additional evidence concerning the facts underlying any such

 recommendation/ the Government will bring that evidence to the attention of the

                                           6
Case 1:20-cr-00296-JPB-CMS         Document 454-1      Filed 04/14/22    Page 7 of 20




 Court and the Probation Office. In addition/ if the additional evidence is

 sufficient to support a finding of a different application of the Guidelines/ the

 Government will not be bound to make the recommendation set forth elsewhere

 in this Plea Agreement/ and the failure to do so will not constitute a violation of

 this Plea Agreement.

                                     Cooperation

 General Requirements

    19. The Defendant agrees to cooperate truthfully and completely with the

 Government/ including being debriefed and providing truthful testimony at any

 proceeding resulting from or related to the Defendant's cooperation. The

 Defendant agrees to so cooperate in any investigation or proceeding as requested

 by the Government. The Defendant agrees that the Defendant's cooperation shall

 include/ but not be limited to:

           a. producing all records/ whether written/ recorded, electronic, or

              machine readable/ in his actual or constructive possession/ custody,

              or control, of evidentiary value or requested by attorneys and agents

              of the Government;

           b. making himself available for interviews/ not at the expense of the

              Government if he is on bond, upon the request of attorneys and

              agents of the Government;

           c. responding fully and truthfully to all inquiries of the Government in

              connection with any investigation or proceedmg/ without falsely

              implicating any person or intentionally withholding any

              information, subject to the penalties of making false statements

                                           7
Case 1:20-cr-00296-JPB-CMS        Document 454-1         Filed 04/14/22   Page 8 of 20




             (18 U.S.C. § 1001), obstruction of justice (18 U.S.C. § 1503) and

             related offenses; and

          d. when called upon to do so by the Government in connection with

             any investigation or proceeding/ testifying in grand jury, trial/ and

             other judicial proceedings/ fully, truthfully/ and under oath, subject

             to the penalties of perjury (18 U.S.C. § 1621), making false statements

             or declarations in grand jury or court proceedings (18 U.S.C. § 1623),

             contempt (18 U.S.C. §§ 401 - 402), obstruction of justice

             (18 U.S.C. § 1503), and related offenses.

The Defendant understands that the Government alone will determine what

forms of cooperation to request from the Defendant, and the Defendant agrees

that the Defendant will not engage in any investigation that is not specifically

authorized by the Government.

Consent to Contact

    20. The Defendant and the Defendant's counsel agree that Government

 attorneys and law enforcement agents may contact the Defendant without

 notifying and outside the presence of the Defendant's counsel for purposes

 relevant to the Defendant's cooperation.

 Section 1B1.8 Protection

    21. Pursuant to Section 1B1.8 of the Sentencing Guidelines, the Government

 agrees that any self-mcriminating information that was previously unknown to

 the Government and is provided to the Government by the Defendant in

 connection with the Defendant's cooperation and as a result of this Plea

 Agreement will not be used in determining the applicable sentencing guidelme
                                            8
Case 1:20-cr-00296-JPB-CMS        Document 454-1       Filed 04/14/22    Page 9 of 20




  range/ although such information may be disclosed to the Probation Office and

  the Court. The Government also agrees not to bring additional charges against

  the Defendant/ with the exception. of charges resulting from or related to violent

  criminal activity/ based on any information provided by the Defendant in

  connection with cooperation that was not known to the Government prior to the

  cooperation. However, if the Government determines that the Defendant has not

  been completely truthful and candid in Ins cooperation with the Government, he

  may be subject to prosecution for perjury/ false statements/ obstruction of justice/

  and any other appropriate charge, and all information the Defendant has

  provided may be used against the Defendant in such a prosecution. Furthermore/

  should the Defendant withdraw his guilty plea in this case and proceed to facial,

  the Government is free to use any statements and/or other information provided

  by the Defendant/ pursuant to the Defendant's cooperation/ as well as any

  information derived therefrom, during any trial or other proceeding related to

  the Government's prosecution of the Defendant for the offense(s) charged in the

  above-numbered counts 18-19 and 53.

  Conditional Section 5K/Rule 35 Motion

     22. The Government agrees to make the extent of the Defendant's cooperation

  known to the sentencing court. In addition/ if the cooperation is completed

  before sentencing and the Government determines that such cooperation

  qualifies as "substantial assistance" pursuant to Title 18, United States Code/

  Section 3553(e) and/or Section 5K1.1 of the Sentencing Guidelines/ die

  Government will file a motion at sentencing recommending a downward

  departure from the applicable guideline range. If the cooperation is completed

                                            9
Case 1:20-cr-00296-JPB-CMS        Document 454-1       Filed 04/14/22    Page 10 of 20




 after sentencing and the Government determines that such cooperation qualifies

 as "substantial assistance" pursuant to Rule 35 (b) of the Federal Rules of

 Criminal Procedure/ the Government will file a motion for reduction of sentence.

 In either case/ the Defendant understands that the determination as to whether

 the Defendant has provided "substantial assistance" rests solely with the

 Government. Good faith efforts by the Defendant that do not substantially assist

 in the investigation or prosecution of another person who has committed a crime

 will not result in either a motion for downward departure or a Rule 35 motion.

 The Defendant also understands that/ should the Government decide to file a

 motion pursuant to this paragraph, the Government may recommend any

 specific sentence, and the final decision as to what credit/ if any/ the Defendant

 should receive for the Defendant's cooperation will be determined by the Court.

 If the Defendant fails to cooperate truthfully and completely/ or if the Defendant

 engages m additional criminal conduct or other conduct inconsistent with

 cooperation/ the Defendant will not be entitled to any consideration whatsoever

 pursuant to this paragraph.

                           Sentencing; Recommendations

 Specific Sentence Recommendation

    23. Unless the Defendant engages in conduct inconsistent with accepting

 responsibility, as described more fully in paragraph 16, the Government agrees

 to recommend that the Defendant be sentenced at the low end of the adjusted

 guideline range.




                                           10
Case 1:20-cr-00296-JPB-CMS         Document 454-1       Filed 04/14/22     Page 11 of 20




  Fine—No Recommendation as to Amount

     24. The Government agrees to make no specific recommendation as to the

  amount of the fine to be imposed on the Defendant within the applicable

  guideline range.

  Restihition

     25. The Defendant agrees to pay $818/101.00, plus applicable interest, jointly

  and severally with his co-defendants/ to the Clerk of Court for distribution to the

  following victims of the offense(s) to which he is pleading guilty and all relevant

  conduct, including/ but not limited to/ any counts dismissed as a result of this

  Plea Agreement:

             a. $793/558.94 to Harvest Small Business Finance LLC

             b. $24,543.06 to the Small Business Administration

  The Defendant also agrees to cooperate fully in the investigation of the amount

  of restitution/ the identification of victims/ and the recovery of restitution for

  victims.

  Forfeiture

     26. The Defendant waives and abandons his interest in any property that may

  have been seized in connection with this case. The Defendant agrees to the

  administrative or judicial forfeiture or the abandonment of any seized property.

  The Defendant agrees to hold the United States and its agents and employees

  harmless from any claims made in connection with the seizure/ forfeih-ire, or

  disposal of property connected to this case. The Defendant acknowledges that

  the United States will dispose of any seized property/ and that such disposal may

  include, but is not limited to/ the sale/ release/ or destruction of the seized

                                             11
Case 1:20-cr-00296-JPB-CMS         Document 454-1      Filed 04/14/22     Page 12 of 20




 property. The Defendant agrees to waive any and all constitutional/ statutory/

 and equitable challenges in any manner (including direct appeal, a Sectioii 2255

 petition/ habeas corpus/ or any other means) to the seizure, forfeiture, and

 disposal of any property seized in this case on any grounds.

    27. The Defendant acknowledges that he is not entitled to use forfeited assets

 to satisfy any fine/ restitution/ cost of imprisonment/ tax obligations, or any other

 penalty the Court may impose upon the Defendant in addition to forfeiture.

                         Financial Cooperation Provisions

 Special Assessment

    28. The Defendant agrees that he will pay a special assessment in the amount

 of $100 by money order or certified check made payable to the Clerk of Court/

 U.S. Distarict Court/ 2211 U.S. Courthouse/ 75 Ted Turner Drive SW/ Atlanta,

 Georgia 30303, by the day of sentencing. The Defendant agrees to provide proof

 of such payment to the undersigned Assistant United States Attorney upon

 payment thereof.

 Fine/Restitution - Terms of Payment

    29. The Defendant agrees to pay any fine and/or restitution, plus applicable

 interest, imposed by the Court to the Clerk of Court for eventual disbursement to

 the appropriate account and/or victim(s). The Defendant also agrees that the full

 fine and/or restitution amount shall be considered due and payable

 immediately. If the Defendant cannot pay the full amount immediately and is

 placed in custody or under the supervision of the Probation Office at any time/

 he agrees that the custodial agency and the Probation Office will have the

 authority to establish payment schedules to ensure payment of the fine and/or
                                           12
Case 1:20-cr-00296-JPB-CMS        Document 454-1       Filed 04/14/22    Page 13 of 20




  restitution. The Defendant understands that this payment schedule represents a

  minimum obligation and that/ should the Defendant's financial situation

  establish that he is able to pay more toward the fine and/or restitution, the

  Government is entitled to pursue other sources of recovery of the fine and/or

  restitution. The Defendant further agrees to cooperate fully in efforts to collect

  the fine and/or restitution obligation by any legal means the Government deems

  appropriate. Finally/ the Defendant and his counsel agree that the Government

  may contact the Defendant regarding the collection of any fine and/or restitution

  without notifying and outside the presence of his counsel.

  Financial Disclosure

     30. The Defendant agrees that the Defendant will not sell/ hide/ waste/

  encumber/ destroy/ or otherwise devalue any such asset worth more than $500

  before sentencing/ without the prior approval of the Government. The Defendant

  understands and agrees bhat the Defendant's failure to comply with this

  provision of the Plea Agreement should result in the Defendant receiving no

  credit for acceptance of responsibility.

     31. The Defendant agrees to cooperate fully in the investigation of the amount

  of forfeiture/ restitution, and fine; the identification of funds and assets in which

  he has any legal or equitable interest to be applied toward forfeiture/ restitution/

  and/or fine; and the prompt payment of restitution or a fine.

     32. The Defendant's cooperation obligations include: (A) fully and truthfully

  completing the Department of Justice's Financial Statement of Debtor form, and

  any addenda to said form deemed necessary by the Government/ within ten days

  of the change of plea hearmg; (B) submitting to a financial deposition or

                                             13
Case 1:20-cr-00296-JPB-CMS         Document 454-1       Filed 04/14/22    Page 14 of 20




 interview (should the Government deem it necessary) prior to sentencing

 regarding the subject matter of said form; (C) providing any documentation

 within his possession or control requested by the Government regarding his

 financial condition and that of his household; (D) fully and truthfully answering

 all questions regarding his past and present financial condition and that of his

 household m such mterview(s); and (E) providing a waiver of his privacy

 protections to permit the Government to access his credit report and tax

 information held by the Internal Revenue Service.

    33. So long as the Defendant is completely truthful/ the Government agrees

 that anything related by the Defendant during his financial interview or

 deposition or in the financial forms described above cannot and will not be used

 against him in the Governmenfs criminal prosecution. However/ the

 Government may use the Defendant's statements to identify and to execute upon

 assets to be applied to the fine and/or restitution in this case. Further, the

 Government is completely free to pursue any and all investigative leads derived

 in any way from the mterview(s)/deposition(s)/ financial forms/ which could

 result in the acquisition of evidence admissible against the Defendant in

 subsequent proceedmgs. If the Defendant subsequently takes a position in any

 legal proceeding that is inconsistent with the inter view(s)/deposition(s)/

 financial forms-whether in pleadings, oral argument/ witness testimony/

 documentary evidence/ questioning of witnesses/ or any other manner-the

 Government may use the Defendant's interview(s)/deposition(s)/financial

 forms/ and all evidence obtained directly or indirectly therefrom/ in any

 responsive pleading and argument and for cross-examination/ impeachment/ or

                                           14
Case 1:20-cr-00296-JPB-CMS       Document 454-1       Filed 04/14/22    Page 15 of 20




  rebuttal evidence. Further/ the Government may also use the Defendant's

  interview(s)/deposition(s)/financial forms to respond to arguments made or

  issues raised sua sponte by the Magistrate or District Court.

                    Recommendations/Stipulations Non-binding:

     34. The Defendant understands and agrees that the recommendations of the

  Government incorporated within this Plea Agreement/ as well as any

  stipulations of fact or guideline computations incorporated within this Plea

  Agreement or otherwise discussed between the parties, are not binding on the

  Court and that the Court's failure to accept one or more of the recommendations/

  stipulations, and/or guideline computations will not constitute grounds to

  withdraw his guilty plea or to claim a breach of this Plea Agreement.

                              Limited Waiver of Appeal

     35. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by

  federal law/ the Defendant voluntarily and expressly waives the right to appeal

  his conviction and sentence and the right to collaterally attack his conviction, and

  sentence in any post-conviction proceeding (includmg/ but not limited to/

  motions filed pursuant to 28 U.S.C § 2255) on any ground, except that the

  Defendant may file a direct appeal of an upward departure or upward variance

  above the sentencing guideline range as calculated by the District Court. Claims

  that the Defendant's counsel rendered constitutionally ineffective assistance are

  excepted from this waiver. The Defendant understands that this Plea Agreement

  does not limit the Government's right to appeal/ but if the Government initiates a




                                           15
Case 1:20-cr-00296-JPB-CMS        Document 454-1       Filed 04/14/22   Page 16 of 20




 direct appeal of the sentence imposed, the Defendant may file a cross-appeal of

 that same sentence.


                              Miscellaneous Waivers

 FOIA/Privacy Act Waiver

    36. The Defendant hereby waives all rights, whether asserted du-ectly 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 limitation/ any records that may be sought under the

 Freedom of Information Act/ Title 5/ United States Code/ Section 552, or die

 Privacy Act of 1974, Title 5/ United States Code, Section 552a.




                                          16
Case 1:20-cr-00296-JPB-CMS          Document 454-1      Filed 04/14/22     Page 17 of 20




                                  No Other Agreements

        37. There are no other agreements, promises/ representations/ or

 understandings between the Defendant and the Government.


 In Open Court_this l~\ day of FT'^<- _,.


                       D^ ________ Q^jL_l_
  SI^NAkjRtj(0^Hdant/s Attorney) SIGNATURE (Defendant)
  Kamal Ghali Derek Parker


   /c

  SIGNATURE (Assistant U.S. Attorney)
  Tal C. Chaiken


  /i^a^ia^ /^fe/^^tf-
  SIGNATURE (Assistant U.S, Attorney)
  Nathan P. Kitchens




   SIGNATURE (Approving Official)
   Stephen H. McClain



  JOSEPH BEEMSTERBOER (ACTING CHIEF/ FRAUD SECTION)


                ^iw^
  SIGNATURE (Trial Attorney)
  Babasijibomi Moore




                                             17
Case 1:20-cr-00296-JPB-CMS       Document 454-1      Filed 04/14/22      Page 18 of 20




    I have read the Indictment agamst me and have discussed it with my

 attorney. I understand the charges and the elements of each charge that the

 Government would have to prove to convict me at a trial. I have read the

 foregoing Plea Agreement and have carefully reviewed every part of it with my

 attorney. I understand the terms and conditions contained in the Plea

 Agreement/ and I voluntarily agree to them. I also have discussed with my

 attorney the rights I may have to appeal or challenge my conviction and

 sentence, and I understand that the appeal waiver contained in the Plea

 Agreement will prevent me/ with the narrow exceptions stated/ from appealing

 my conviction and sentence or challenging my conviction and sentence in any

 posb-conviction proceeding. No one has threatened or forced me to plead guilty/

  and no promises or inducements have been made to me other than those

  discussed in. the Plea Agreement. The discussions between my attorney and the

  Government toward reaching a negotiated plea in this case took place with my

  permission. I am fully satisfied with the representation provided to me by my

  attorney in this case.



     Q^IL^4^-^ olt\\\\ZQ^
   SIGNATURE (Defendant) DATE
   Derek Parker




                                         18
Case 1:20-cr-00296-JPB-CMS       Document 454-1     Filed 04/14/22    Page 19 of 20




     I am Derek Parker s lawyer. I have carefully reviewed the charges and the

  Plea Agreement with my client. To my knowledge/ my client is making an

  informed and voluntary decision to plead guilty and to enter into the Plea

  Agreement.




   SIGNATURE (Defendant's Attorney) DATE
                                                     Y^^
   Kamal Ghali



   Bondurant iMixson & Elmore LLP
   1201 W. Peachtree Street NW
   Suite 3900
   Atlanta, GA 30309
   404-881-4100
 f^ jT':
           'State Bar of Georgia Number




  Filed in Open Court


  This J± day of A pr' \ . 20^1


  By CW^ O^as^




                                          19
Case 1:20-cr-00296-JPB-CMS        Document 454-1        Filed 04/14/22   Page 20 of 20




                         U. S. DEPARTMENT OF JUSTICE
                      Statement of Special Assessment Account
 This statement reflects your special assessment only. There may be other
 penalties imposed at sentencing.


                           ACCOUNT ENTFORMATION
 CRIMINAL ACTION NO.:          l:20-cr-296-JPB-CMS
 DEFENDANTS NAME:              DEREKPARKER
 PAY THIS AMOUNT:              $100

 Instructions:
    1. Payment must be made by certified check or money order payable to:
                         Clerk of Court/ U.S. District Court
                       ^personal checks will not be accepted*
    2. Payment must be made to the clerk's office by the day of sentencing.
    3. Payment should be sent or hand delivered to:
                           Clerk/ U.S. District Court
                           2211 U.S. Courthouse
                           75 Ted Turner Drive SW
                          Atlanta, Georgia 30303
                           (Do Not Send Cash)
    4. Include the defendant's name on certified check or money order.
    5. Enclose this coupon to insure proper and prompt application of payment.
    6. Provide proof of payment to the above-signed AUSA within 30 days of the
       guilty plea.




                                          20


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