Plea Agreement — United States v. Francois

Record facts

U.S. District Court for the District of Massachusetts · No. 1:25-cr-10389-FDS · Doc. 2 · 2025-10-01 · Docket on CourtListener

Full text

U.S. Department of Justice 
Leah B. Foley 
United States Attorney 
District of Massachusetts 
Main Reception: (617) 748-3100
John Joseph Moakley United States Courthouse 
1 Courthouse Way 
Suite 9200 
Boston, Massachusetts 02210 
September 17, 2025 
Theodore Barone, Esq. 
130 Liberty Street, #4        
Brockton, MA 02301 
Re: 
United States v. Wigenie Francois 
Mr. Barone: 
The United States Attorney for the District of Massachusetts (the “U.S. Attorney”) and your 
client, Wigenie Francois (“Defendant”), agree as follows, pursuant to Federal Rule of Criminal 
Procedure 11(c)(1)(B): 
1.
Change of Plea
Defendant will waive Indictment and plead guilty to count one of the Information:  wire 
fraud, in violation of 18 U.S.C. § 1343. Defendant admits that Defendant committed the crime 
specified in this count and is in fact guilty of this crime. 
The U.S. Attorney agrees not to charge Defendant’s husband, Viguez Odies, with wire 
fraud, in violation of 18 U.S.C. § 1343, arising from or relating to the Paycheck Protection Program 
loan applications submitted on or about March 15, 2021, and on or about April 9, 2021.  This 
agreement is limited to facts known to the U.S. Attorney as of the date of this Plea Agreement.   
2.
Penalties
Defendant faces the following maximum penalties: incarceration for 20 years; supervised 
release for three years; a fine of $250,000; a mandatory special assessment of $100; restitution; 
and forfeiture to the extent charged in the Information. 
Defendant understands that, if Defendant is not a United States citizen by birth, pleading 
guilty may affect Defendant’s immigration status. Defendant agrees to plead guilty regardless of 
any potential immigration consequences, even if Defendant’s plea results in being automatically 
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removed from the United States.   
 
3. 
Sentencing Guidelines 
 
 
The parties agree, based on the following calculations, that Defendant’s total “offense 
level” under the Guidelines is 9:   
 
a) Defendant’s base offense level is 7, because the charge has a maximum term of 
imprisonment of 20 years or more (USSG § 2B1.1(a)(1));   
 
b) Defendant’s offense level is increased by 6, because Defendant caused loss of 
more than $40,000 (USSG § 2B1.1(b)(1)(D)); 
 
c) Defendant’s offense level is decreased by 2, because Defendant is a zero-point 
offender (USSG § 4C1.1); and 
 
d) Defendant’s offense level is decreased by 2, because Defendant has accepted 
responsibility for Defendant’s crime (USSG § 3E1.1).  
 
Defendant understands that the Court is not required to follow this calculation or even to 
sentence Defendant within the Guidelines and that Defendant may not withdraw Defendant’s 
guilty plea if Defendant disagrees with how the Court calculates the Guidelines or with the 
sentence the Court imposes.  
 
 
Defendant also understands that the government will object to any reduction in Defendant’s 
sentence based on acceptance of responsibility if: (a) at sentencing, Defendant (directly or through 
counsel) indicates that Defendant does not fully accept responsibility for having engaged in the 
conduct underlying each of the elements of the crime to which Defendant is pleading guilty; or (b) 
by the time of sentencing, Defendant has committed a new federal or state offense, or has in any 
way obstructed justice. 
 
If, after signing this Agreement, Defendant’s criminal history score or Criminal History 
Category is reduced, the U.S. Attorney reserves the right to seek an upward departure under the 
Guidelines.  
 
 
Nothing in this Plea Agreement affects the U.S. Attorney’s obligation to provide the Court 
and the U.S. Probation Office with accurate and complete information regarding this case. 
 
4. 
Sentence Recommendation 
 
 
The parties agree to recommend the following sentence to the Court: 
 
a) probation for 12 months; 
 
b) no fine; 
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c) a mandatory special assessment of $100, which Defendant must pay to the Clerk 
of the Court by the date of sentencing; 
 
d) restitution of $62,499 in accordance with 18 U.S.C. § 3663(a)(3); and 
 
e) forfeiture as set forth in Paragraph 7. 
 
Defendant agrees that all criminal monetary penalties, including special assessment, 
restitution, forfeiture, and/or fine imposed shall be due and payable immediately, and further 
agrees that any Court-ordered repayment schedule does not preclude further enforcement or 
collection by the United States. 
 
5. 
Waiver of Appellate Rights and Challenges to Conviction or Sentence 
 
Defendant has the right to challenge Defendant’s conviction and sentence on “direct 
appeal.” This means that Defendant has the right to ask a higher court (the “appeals court”) to look 
at what happened in this case and, if the appeals court finds that the trial court or the parties made 
certain mistakes, overturn Defendant’s conviction or sentence.  Also, in some instances, Defendant 
has the right to file a separate civil lawsuit claiming that serious mistakes were made in this case 
and that Defendant’s conviction or sentence should be overturned. 
 
Defendant understands that Defendant has these rights, but now agrees to give them up.  
Specifically, Defendant agrees that: 
 
a) Defendant will not challenge Defendant’s conviction on direct appeal or in any 
other proceeding, including in a separate civil lawsuit; and 
 
b) Defendant will not challenge Defendant’s sentence, including any court orders 
related to forfeiture, restitution, fines or supervised release, on direct appeal or 
in any other proceeding, including in a separate civil lawsuit.  
 
Defendant understands that, by agreeing to the above, Defendant is agreeing that 
Defendant’s conviction and sentence will be final when the Court issues a written judgment after 
the sentencing hearing in this case. That is, after the Court issues a written judgment, Defendant 
will lose the right to appeal or otherwise challenge Defendant’s conviction and sentence, regardless 
of whether Defendant later changes Defendant’s mind or finds new information that would have 
led Defendant not to agree to give up these rights in the first place. 
 
Defendant is agreeing to give up these rights at least partly in exchange for concessions the 
U.S. Attorney is making in this Agreement.    
 
The parties agree that, despite giving up these rights, Defendant keeps the right to later 
claim that Defendant’s lawyer rendered ineffective assistance of counsel, or that the prosecutor or 
a member of law enforcement involved in the case engaged in misconduct serious enough to entitle 
Defendant to have Defendant’s conviction or sentence overturned. 
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6. 
Forfeiture  
 
Defendant understands that the Court will, upon acceptance of Defendant’s guilty plea, 
enter an order of forfeiture as part of Defendant’s sentence, and that the order of forfeiture may 
include assets directly traceable to Defendant’s offense, assets used to facilitate Defendant’s 
offense, substitute assets and/or a money judgment equal to the value of the property derived from, 
or otherwise involved in, the offense.   
 
 
The assets to be forfeited specifically include, without limitation, the following:  
 
a. $20,833 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgment). 
Defendant admits that $20,833 is subject to forfeiture on the grounds that it is equal to the 
amount of proceeds the defendant derived from the offense.   
 
Defendant acknowledges and agrees that the amount of the forfeiture money judgment 
represents proceeds the Defendant obtained (directly or indirectly), and/or facilitating property 
and/or property involved in, the crimes to which Defendant is pleading guilty and that, due at least 
in part to the acts or omissions of Defendant, the proceeds or property have been transferred to, or 
deposited with, a third party, spent, cannot be located upon exercise of due diligence, placed 
beyond the jurisdiction of the Court, substantially diminished in value, or commingled with other 
property which cannot be divided without difficulty.  Accordingly, Defendant agrees that the 
United States is entitled to forfeit as “substitute assets” any other assets of Defendant up to the 
value of the now missing directly forfeitable assets.   
 
Defendant agrees to consent to the entry of an order of forfeiture for such property and 
waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J), 32.2, and 43(a) 
regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the 
change-of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the 
forfeiture in the judgment.  Defendant understands and agrees that forfeiture shall not satisfy or 
affect any fine, lien, penalty, restitution, cost of imprisonment, tax liability or any other debt owed 
to the United States.  
 
If the U.S. Attorney requests, Defendant shall deliver to the U.S. Attorney within 30 days 
after signing this Plea Agreement a sworn financial statement disclosing all assets in which 
Defendant currently has any interest and all assets over which Defendant has exercised control, or 
has had any legal or beneficial interest.  Defendant further agrees to be deposed with respect to 
Defendant’s assets at the request of the U.S. Attorney.  Defendant agrees that the United States 
Department of Probation may share any financial information about the Defendant with the United 
States Attorney’s Office.   
 
 
Defendant also agrees to waive all constitutional, legal, and equitable challenges (including 
direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with 
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this Plea Agreement.   
 
Defendant hereby waives and releases any claims Defendant may have to any vehicles, 
currency, or other personal property seized by the United States, or seized by any state or local law 
enforcement agency and turned over to the United States, during the investigation and prosecution 
of this case, and consents to the forfeiture of all such assets.   
 
7. 
Civil Liability 
 
 
This Plea Agreement does not affect any civil liability, including any tax liability, 
Defendant has incurred or may later incur due to Defendant’s criminal conduct and guilty plea to 
the charges specified in Paragraph 1 of this Agreement.  
 
8. 
Breach of Plea Agreement 
 
Defendant understands that if Defendant breaches any provision of this Agreement, 
violates any condition of Defendant’s pre-trial release or commits any crime following 
Defendant’s execution of this Plea Agreement, Defendant cannot rely upon such conduct to 
withdraw Defendant’s guilty plea. Defendant’s conduct, however, would give the U.S. Attorney 
the right to be released from the U.S. Attorney’s commitments under this Agreement, to pursue 
any charges that were, or are to be, dismissed under this Agreement, and to use against Defendant 
any of Defendant’s statements, and any information or materials Defendant provided to the 
government during investigation or prosecution of Defendant’s case—even if the parties had 
entered any earlier written or oral agreements or understandings about this issue.   
 
Defendant also understands that if Defendant breaches any provision of this Agreement or 
engages in any of the aforementioned conduct, Defendant thereby waives any defenses based on 
the statute of limitations, constitutional protections against pre-indictment delay, and the Speedy 
Trial Act, that Defendant otherwise may have had to any charges based on conduct occurring 
before the date of this Agreement. 
 
9. 
Who is Bound by Plea Agreement 
 
 
This Agreement is only between Defendant and the U.S. Attorney for the District of 
Massachusetts. It does not bind the Attorney General of the United States or any other federal, 
state, or local prosecuting authorities. 
 
10. 
Modifications to Plea Agreement 
 
This Agreement can be modified or supplemented only in a written memorandum signed 
by both parties, or through proceedings in open court. 
 
*           *          * 
 
 
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If this letter accurately reflects the agreement between the U.S. Attorney and Defendant, 
please have Defendant sign the Acknowledgment of Plea Agreement below.  Please also sign 
below as Witness.  Return the original of this letter to Assistant U.S. Attorney Brian Sullivan. 
 
 
 
Sincerely, 
 
 
 
LEAH B. FOLEY 
 
 
United States Attorney 
 
 
By: 
  /s/ Dustin Chao 
 
DUSTIN CHAO 
Chief, Public Corruption Unit 
 
 
 
 
 
 
BRIAN SULLIVAN 
Assistant U.S. Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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