Plea Agreement - US v. Flores

Record facts

U.S. District Court, Northern District of Texas (Fort Worth Division) · No. 4:24-cr-00306-Y · Doc. 15 · 2024-12-11 · Docket on CourtListener

Full text

Case 4:24-cr-00306-Y Document15 Filed 12/11/24 Pagelof9 PagelD 36

UNITED STATES OF AMERICA

Vv.

JAMES FLORES (01)

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IN THE UNITED STATES DISTRICT COURT |
FOR THE NORTHERN DISTRICT OF TEXAS |

FORT WORTHDIVISION =

PLEA AGREEMENT

James Flores, the defendant; James Melendres, the defendant’s attorney; and the

Money Laundering and Asset Recovery Section and the Fraud Section of the Criminal

Division of the U.S. Department of Justice, and the United States Attorney’s Office for

the Northern District of Texas (collectively, the “government”) agree as follows:

1. Rights of the defendant: The defendant understands that the defendant has
the rights:
a. to plead not guilty;
b. to have a trial by jury;

e.

to have the defendant’s guilt proven beyond a reasonable doubt;
to confront and cross-examine witnesses and to call witnesses in the
defendant’s defense; and

against compelled self-incrimination.

2. Waiver of rights and plea of guilty: The defendant waives these rights

and pleads guilty to the offense alleged in Count 1 of the information, charging a

violation of 18 U.S.C. § 1349, that is, Conspiracy. The defendant understands the nature

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and elements of the crime to which the defendant is pleading guilty and agrees that the

factual resume the defendant has signed is true and will be submitted as evidence.

3. Sentence: The maximum penalties the Court can impose include:

a.

b.

f.

2.

imprisonment for a period not to exceed 20 years;

a fine not to exceed $250,000, or twice any pecuniary gain to the
defendant or loss to the victim(s);

a term of supervised release of not more than 3 years, which may be
mandatory under the law and will follow any term of imprisonment. If
the defendant violates the conditions of supervised release, the Court
may revoke such release term and required that the defendant serve any
or all of such term as an additional period of confinement;

a mandatory special assessment of $100;

restitution to victims or to the community, which may be mandatory
under the law, and which the defendant agrees may include restitution
arising from all relevant conduct;

forfeiture; and

costs of incarceration and supervision.

4. Immigration consequences: The defendant recognizes that pleading guilty

may have consequences with respect to the defendant’s immigration status if the

defendant is not a citizen of the United States. Under federal law, a broad range of crimes

are removable offenses. The defendant understands this may include the offense to which

the defendant is pleading guilty, and for purposes of this plea agreement, the defendant

assumes the offense is a removable offense. Removal and other immigration

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

understands that no one, including the defendant’s attorney or the district court, can

predict to a certainty the effect of the defendant’s conviction on the defendant’s

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immigration status. The defendant nevertheless affirms that the defendant wants to plead
guilty regardless of any immigration consequences that the defendant’s plea of guilty
may entail, even if the consequence is the defendant’s automatic removal from the United
States.

5. Court’s sentencing discretion and role of the Guidelines: The defendant
understands that the sentence in this case will be imposed by the Court after consideration
of the United States Sentencing Guidelines. The guidelines are not binding on the Court,
they are advisory only. The defendant has reviewed the guidelines with the defendant’s
attorney but understands no one can predict with certainty the outcome of the Court’s
consideration of the guidelines in this case. The defendant will not be allowed to
withdraw the defendant’s plea if the applicable advisory guideline range is higher than
expected or if the Court departs from the applicable guideline range. The defendant fully
understands that the actual sentence imposed (so long as it is within the statutory
maximum) is solely in the discretion of the Court.

6. Defendant’s agreement. The defendant shall not knowingly provide false
information to the U.S. Probation Office (“USPO”), the Court, or the government relating
to the offense of conviction and all relevant conduct, or any information the defendant
must provide related to this agreement.

7. Mandatory special assessment: The defendant agrees to pay the U.S.
District Clerk the amount of $100 in satisfaction of the mandatory special assessment

prior to sentencing.

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8. Financial Obligations: The defendant understands that any financial
obligation imposed by the Court for restitution, fines, or special assessments is due and
payable immediately. In the event the Court imposes a schedule for payment, the
defendant agrees that such a schedule represents a minimum payment obligation and does
not preclude the government from pursuing any other means by which to satisfy the
defendant’s full and immediately enforceable financial obligation. The defendant
understands that the defendant has a continuing obligation to pay in full as soon as
possible any financial obligation imposed by the Court. The defendant further agrees as
follows:

a. The defendant agrees that the financial statement, with any supporting
documents, the defendant provides to the USPO may be shared with the
Court and the government.

b. The defendant shall submit to interviews by the government and the
USPO regarding the defendant’s capacity to satisfy any fine, restitution,
or special assessment.

c. The defendant expressly authorizes the government to immediately
obtain a credit report on the defendant to evaluate the defendant’s ability
to satisfy any financial obligation imposed by the Court.

9. Restitution: The defendant agrees that the Court is authorized to order, and
the defendant agrees to pay, restitution for all loss resulting from the offense of
conviction and all relevant conduct, in an amount to be determined by the Court. The

defendant agrees that, for purposes of this paragraph, restitution for relevant conduct shall

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include all acts and omissions described in USSG § 1B1.3(a)(1)(A) and (1)(B), as well as
all acts and omissions that were part of the same course of conduct or common scheme or
plan, regardless whether the grouping rules in USSG § 3D1.2 might apply to computation
of the advisory imprisonment range. The defendant understands that should the Court
order that restitution be paid jointly and severally with others who are required to pay
restitution for the same loss to victims that credit may not be received for all payments
made by any other person with joint and several liability. The defendant agrees that any
restitution ordered to be paid jointly and severally remains the responsibility of the
defendant until the defendant has paid the defendant’s ordered amount of restitution in
full or the respective victim has been paid in full.

10. Forfeiture of property: The defendant agrees not to contest, challenge, or
appeal in any way the administrative or judicial (civil or criminal) forfeiture to the United
States of any property noted as subject to forfeiture in the information. The defendant
agrees that this property is subject to forfeiture under 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c). The defendant consents to entry of any orders or declarations of
forfeiture regarding such property and waives any requirements (including notice of
forfeiture) set out in 19 U.S.C. §§ 1607-1609; 18 U.S.C. §§ 981, 983, and 985; the Code
of Federal Regulations; and Rules 11 and 32.2 of the Federal Rules of Criminal
Procedure. The defendant agrees to provide truthful information and evidence necessary
for the government to forfeit such property. The defendant agrees to hold the
government, its officers, agents, and employees harmless from any claim whatsoever in

connection with the seizure, forfeiture, storage, or disposal of such property.

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11. Government’s agreement: The government will not bring any additional
charges against the defendant based upon the conduct underlying and related to the
defendant’s plea of guilty. The government will file a Supplement in this case, as is
routinely done in every case, even though there may or may not be any additional terms.
This agreement is limited to the Money Laundering and Asset Recovery Section and the
Fraud Section of the Criminal Division of the U.S. Department of Justice and the United
States Attorney’s Office for the Northern District of Texas and does not bind any other
federal, state, or local prosecuting authorities, nor does it prohibit any civil or
administrative proceeding against the defendant or any property.

12. Violation of agreement: The defendant understands that if the defendant
violates any provision of this agreement, or if the defendant’s guilty plea is vacated or
withdrawn, the government will be free from any obligations of the agreement and free to
prosecute the defendant for all offenses of which it has knowledge, including the
reinstatement of charges dismissed pursuant to this plea agreement. In the event of such a
violation, vacatur, or withdrawal, the defendant waives all objections based upon delay in
prosecution. If the plea is vacated or withdrawn for any reason other than a finding that it
was involuntary, the defendant also waives all objections to the use against the defendant
of any information or statements the defendant has provided to the government, and any
resulting leads.

13. Voluntary plea: This plea of guilty is freely and voluntarily made and is

not the result of force or threats, or of promises apart from those set forth in this plea

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agreement. There have been no guarantees or promises from anyone as to what sentence
the Court will impose.

14. Waiver of right to appeal or otherwise challenge sentence: The
defendant waives the defendant’s rights, conferred by 28 U.S.C. § 1291 and 18 U.S.C.

§ 3742, to appeal the conviction, sentence, fine and order of restitution or forfeiture in an
amount to be determined by the Court. The defendant further waives the defendant’s right
to contest the conviction, sentence, fine and order of restitution or forfeiture in any
collateral proceeding, including proceedings under 28 U.S.C. § 2241 and 28 U.S.C.

§ 2255. The defendant, however, reserves the rights (a) to bring a direct appeal of (i) a
sentence exceeding the statutory maximum punishment, or (ii) an arithmetic error at
sentencing, (b) to challenge the voluntariness of the defendant’s plea of guilty or this
waiver, and (c) to bring a claim of ineffective assistance of counsel.

15. Representation of counsel: The defendant has thoroughly reviewed all
legal and factual aspects of this case with the defendant’s attorney and is fully satisfied
with that attorney’s legal representation. The defendant has received from the defendant’s
attorney explanations satisfactory to the defendant concerning each paragraph of this plea
agreement, each of the defendant’s rights affected by this agreement, and the alternatives
available to the defendant other than entering into this agreement. Because the defendant
concedes that the defendant is guilty, and after conferring with the defendant’s attorney,
the defendant has concluded that it is in the defendant’s best interest to enter into this plea

agreement and all its terms, rather than to proceed to trial in this case.

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16. Entirety of agreement: This document, including any Supplement filed
contemporaneously, is a complete statement of the parties’ agreement and may not be
modified unless the modification is in writing and signed by all parties. This agreement
supersedes any and all other promises, representations, understandings, and agreements
that are or were made between the parties at any time before the guilty plea is entered in
court. No promises or representations have been made by the United States except as set
forth in writing in this plea agreement.

AGREED TO AND SIGNED this 4 day of Decemb- 2024.

LEIGHA SIMONTON

UNITED Za ATTORNEY

MATTHEW WEYBRECHT
Assistant United States Attorney
State Bar of Texas No. 24102642
Telephone: 817-252-5200

Fax: 817-252-5455

Email: matthgw.weybrecht@usdoj.gov
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JAMES MELENDRES “JAY WEIMER
Attorney for Defendant Section Chief

MARGARET A. MOESER

CHIEF, MONEY LAUNDERING & ASSET

RECOVERY SECTION

Criminal Division, U.S. Department of Justice
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ELIZABETH R. CARR

RYAN MCLAREN

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Trial Attorneys, Money Laundering & Asset
Recovery Section

Criminal Division, U.S. Department of Justice
Telephone: 202-875-1535

Email: Elizabeth.carr@usdoj.gov

GLENN S. LEON
CHIEF, FRAUD SECTION
Criminal Division, U.S. Department of Justice

PHILIP TROUT

Acting Assistant Chief, Fraud Section
Criminal Division, U.S. Department of Justice
Telephone: 202-616-6989

Fax: 202-514-0152

Email: Philip. Trout@usdoj.gov

I am the defendant’s attorney. I have carefully reviewed every part of this plea
agreement with the defendant. To my knowledge and belief, my client’s decision to enter
into this plea agreement is an informed and voluntary one.

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JAMES MELENDRES Date
Attorney for Defendant

Plea Agreement — Page 9

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