Plea Agreement — United States v. Gladys Harun (3:23-cr-3)

Filed April 27, 2023 in U.S. v. Gladys Harun; one of 11 filings from this case.

Full text

Case 3:23-cr-00003-DHB-BKE Document8 Filed 04/27/23 Page1of12
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

UNITED STATES OF AMERICA )
)

Vv. ) 3:23-CR-3
)
GLADYS HARUN )

PLEA AGREEMENT

Defendant Gladys Harun, represented by her counsel Mohammed Luwemba,
and the United States of America, represented by Assistant United States Attorney
L. Alexander Hamner, have reached a plea agreement in this case. The terms and
conditions of that agreement are as follows.

1. Guilty Plea

Defendant, having been advised of the right to be charged by Indictment,
agrees to waive that right and enter a plea of guilty to Count One of the Information,
which charges a violation of 18 U.S.C. § 1001(a).

Zi. Elements and Factual Basis

The elements necessary to prove the offense charged in Count One are (1) that
Defendant made a statement or representation; (2) the statement or representation
was false; (3) the falsity concerned a material matter; (4) the Defendant acted
willfully, knowing that the statement or representation was false; and (5) the false
statement or representation was made or used for a matter within the jurisdiction of

a department or agency of the United States.

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Case 3:23-cr-00003-DHB-BKE Document8 _ Filed 04/27/23 Page 2 of 12

Defendant agrees that she is, in fact, guilty of this offense. The Defendant
agrees to the accuracy of the following facts, which satisfy each of the offense’s
required elements:

The Small Business Administration (SBA) is an agency of the executive branch
of the United States. Filing submissions to obtain an Economic Injury Disaster Loan
(EIDL) is a matter within that agency’ jurisdiction.

Defendant prepared an EIDL application on using the personal identifying
information of an individual with the initials K.E.W. In that application, Defendant
stated that K.E.W. had a business opened on December 1, 2019. Defendant knew at
the time of the application that K.E.W. did not have any such business. Defendant
further stated in the application that this business generated $2,114 in gross
revenues in 2019 and had $165 in cost of goods sold in 2019, which Defendant also
knew to be false. On or about July 27, 2021, in the Southern District of Georgia, and
elsewhere, Defendant knowingly made a materially false statement and
representation in a matter within the jurisdiction of the executive branch of the
Government of the United States. In particular, Defendant submitted EIDL
Application 3322814905 into the Southern District of Georgia and to the SBA's

servers outside of the State of Georgia.

3. Possible Sentence
Defendant's guilty plea will subject the Defendant to the following maximum

possible sentence: 5 years’ imprisonment, 3 years’ supervised release, a $250,000


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 3 of 12

fine, such restitution as may be ordered by the Court, and forfeiture of all forfeitable
assets. The Court additionally must impose a $100 special assessment per count of
conviction.

4, No Promised Sentence

No one has promised Defendant that the Court will impose any particular
sentence or a sentence within any particular range. The Court is not bound by any
estimate of sentence given or recommendations made by Defendant’s counsel, the
government, the U.S. Probation Office, or anyone else. The Court may impose a
sentence up to the statutory maximum. Defendant will not be allowed to withdraw
Defendant’s plea of guilty if the Defendant receives a more severe sentence than the
Defendant expects.

5. Court’s Use of Sentencing Guidelines

The Court is obligated to use the United States Sentencing Guidelines to
calculate the applicable guideline range for Defendant’s offense. The Sentencing
Guidelines are advisory; the Court is not required to impose a sentence within the
range those Guidelines suggest. The Court will consider that range, possible
departures under the Sentencing Guidelines, and other sentencing factors under 18
U.S.C. § 3553(a), in determining the Defendant’s sentence. The Sentencing
Guidelines are based on all of Defendant’s relevant conduct, pursuant to U.S.S.G. §
1B1.3, not just the conduct underlying the particular Count or Counts to which
Defendant is pleading guilty.

6. Agreements Regarding Sentencing Guidelines


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 4 of 12

a. Use of Information

Nothing in this agreement precludes the government from providing full and
accurate information to the Court and U.S. Probation Office for use in calculating the
applicable Sentencing Guidelines range.

b. Acceptance of Responsibility

If the Court determines that Defendant qualifies for an adjustment under
U.S.S.G. § 3E1.1(a), and the offense level prior to operation of § 3E1.1(a) is 16 or
greater, the government will move for an additional one-level reduction in offense
level pursuant to Section 3E1.1(b) based on Defendant’s timely notification of the
Defendant’s intention to enter a guilty plea.

c. Amount of Loss

The government agrees to recommend to the U.S. Probation Office and the
Court at sentencing that the amount of loss, for purposes of Section 2B1.1 of the
Sentencing Guidelines, is less than $550,000.

d. Low End of Guidelines Range

The government will recommend that Defendant be sentenced to the low end
of the advisory Guidelines range determined by the Court at sentencing.
7. Bond Recommendation

The United States agrees not to oppose Defendant’s request to be released on
bond pending sentencing in this case, provided that Defendant agrees to consent to
the revocation of her release should she violate any of the conditions of her release

or seeks to withdraw her plea of guilty.


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 5 of 12

8. Abandonment of Property

Defendant waives and abandons Defendant’s interest in any property that may
have been seized in connection with this case.
9. Financial Obligations and Agreements

a. Restitution

The amount of restitution ordered by the Court shall include restitution for the
full loss caused by Defendant’s total criminal conduct. Restitution is not limited to
the specific count to which Defendant is pleading guilty. Any restitution judgment is
intended to and will survive Defendant, notwithstanding the abatement of any
underlying criminal conviction.

b. Special Assessment

Defendant agrees to pay a special assessment in the amount of $100, payable
to the Clerk of the United States District Court, which shall be due immediately at
the time of sentencing.

c. No Transfer of Assets

Defendant certifies that Defendant has made no transfer of assets in
contemplations of this prosecution for the purpose of evading or defeating financial
obligations created by this Agreement or that may be imposed upon Defendant by the
Court at sentencing. Defendant promises that Defendant will make no such transfers

in the future.

d. Material Change in Circumstances


Case 3:23-cr-00003-DHB-BKE Document8 _ Filed 04/27/23 Page 6 of 12

Defendant agrees to notify the United States of any material change in
circumstances, as described in 18 U.S.C. § 3664(k), that occurs prior to sentencing in
this case. Such notification will be made within seven days of the event giving rise
to the changed circumstances, and in no event later than the date of sentencing.

e. Enforcement

Any payment schedule imposed by the Court is without prejudice to the United
States to take all actions and remedies available to it to collect the full amount of the
financial obligations imposed by the judgment of the Court in this case. Defendant
understands and agrees that the financial obligations imposed by the judgment of the
Court in this case will be placed on the Treasury Offset Program so that any federal
payment that Defendant receives may be offset and applied to the judgment debt
without regard to or affecting any payment schedule imposed by the Court.

11. Waivers

a. Waiver of Appeal

Defendant entirely waives Defendant’s right to a direct appeal of Defendant’s
conviction and sentence on any ground (including any argument that the statute to
which the Defendant is pleading guilty is unconstitutional or that the admitted
conduct does not fall within the scope of the statute). The only exceptions are that
the Defendant may file a direct appeal of Defendant’s sentence if (1) the court enters
a sentence above the statutory maximum, (2) the court enters a sentence above the

advisory Sentencing Guidelines range found to apply by the court at sentencing; or


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 7 of 12

(8) the Government appeals the sentence. Absent those exceptions, Defendant
explicitly and irrevocably instructs Defendant’s attorney not to file an appeal.

b. Waiver of Collateral Attack

Defendant entirely waives Defendant’s right to collaterally attack Defendant’s
conviction and sentence on any ground and by any method, including but not limited
to a 28 U.S.C. § 2255 motion. The only exception is that Defendant may collaterally
attack Defendant’s conviction and sentence based on a claim of ineffective assistance
of counsel.

C. Waiver of Venue Challenge

Defendant entirely waives any challenge as to venue for this case residing in
the Southern District of Georgia.

d. FOIA and Privacy Act Waiver

Defendant waives all rights, whether asserted directly or through a
representative, to request or receive from any department or agency of the United
States any record pertaining to the investigation or prosecution of this case under the
authority of the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of
1974, 5 U.S.C. § 552a, and all subsequent amendments thereto.

e. Fed. R. Crim. P. 11(f) and Fed. R. Evid. 410 Waiver

Rule 11(f) of the Federal Rules of Criminal Procedure and Rule 410 of the
Federal Rules of Evidence ordinarily limit the admissibility of statements made by a
Defendant during the course of plea discussions or plea proceedings. Defendant

knowingly and voluntarily waives the protections of these rules. If Defendant fails


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 8 of 12

to plead guilty, or Defendant’s plea of guilty is later withdrawn, all of Defendant’s
statements in connection with this plea, and any leads derived therefrom, shall be
admissible for any and all purposes.

12. Possible Immigration Effects

Pleading guilty may have consequences with respect to immigration status if
Defendant is not a citizen of the United States. Under federal law, a broad range of
crimes are removable offenses. Removal and other immigration consequences are the
subject of a separate proceeding. No one, including Defendant’s attorney or the
district court, can predict to a certainty the effect of Defendant’s conviction on
Defendant’s immigration status. Defendant nevertheless agrees to plead guilty
regardless of any immigration consequences, even if the consequence is Defendant’s
removal from the United States.

13. Defendant’s Rights

Defendant has the right to be represented by counsel, and if necessary have
the court appoint counsel, at trial and at every other critical stage of the proceeding.
Defendant possesses a number of rights which Defendant will waive by pleading
guilty, including: the right to plead not guilty, or having already so pleaded, to persist
in that plea; the right to a jury trial; and the right at trial to confront and cross-
examine adverse witnesses, to be protected from compelled self-incrimination, to
testify and present evidence, and to compel the attendance of witnesses.

14. Satisfaction with Counsel


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 9 of 12

Defendant has had the benefit of legal counsel in negotiating this agreement.
Defendant believes that Defendant’s attorney has represented Defendant faithfully,
skillfully, and diligently, and Defendant is completely satisfied with the legal advice
given and the work performed by Defendant’s attorney.

15. Breach of Plea Agreement

If Defendant fails to plead guilty, withdraws or attempts to withdraw
Defendant’s guilty plea, commits any new criminal conduct following the execution of
this agreement, or otherwise breaches this agreement, the government is released
from all of its agreements regarding Defendant’s sentence, including any agreements
regarding the calculation of Defendant’s advisory Sentencing Guidelines. In addition,
the government may declare-the plea agreement null and void, reinstate any counts
that may have been dismissed pursuant to the plea agreement, and/or file new
charges against Defendant that might otherwise be barred by this plea agreement.
Defendant waives any statute-of-limitations or speedy trial defense to prosecutions

reinstated or commenced under this paragraph.


Case 3:23-cr-00003-DHB-BKE Document8 _ Filed 04/27/23 Page 10 of 12

16. Entire Agreement

This agreement contains the entire agreement between the government and

Defendant.

JILL E. STEINBERG
UNITED STATES ATTORNEY

VAOLE Yeo CV ox

Date Patricia G. Rhodes
Chief, Criminal Division

(BORE Ae

Date Alexander Hamner
Assistant United States Attorney

10


Case 3:23-cr-00003-DHB-BKE Document8_ Filed 04/27/23 Page 11 of 12

I have read and carefully reviewed this agreement with my attorney. I
understand each provision of this agreement, and I voluntarily agree to it. I hereby

stipulate that the factual basis set out therein is true and accurate in every respect.

ya Cor

Date Defendant Gladys Harun

I have fully explained to Defendant all of Defendant’s rights, and I have
carefully reviewed each and every part of this agreement with Defendant. I believe
that Defendant fully and completely understands it, and that Defendant’s decision to

enter into this agreement is an informed, intelligept, and yofuntazy one.

“Uy-2 7-U>

Date Defendant’s Attorney, Mohammed Luwemba

11


Case 3:23-cr-00003-DHB-BKE Document8 _ Filed 04/27/23 Page 12 of 12

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION
)
UNITED STATES OF AMERICA )
Vv. ; 3:22-CR-3
GLADYS HARUN

ORDER

The aforesaid Plea Agreement, having been considered by the Court in
conjunction with the interrogation by the Court of the Defendant and the
Defendant's attorney at a hearing on the Defendant’s motion to change Defendant’s
plea and the Court finding that the plea of guilty is made freely, voluntarily and
knowingly, it is thereupon,

ORDERED that the plea of guilty by Defendant be, and it is, hereby accepted
and the foregoing Plea Agreement be, and it is, hereby ratified and confirmed.

This 2P®,, day of

2023.

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HON. DUDLEY H. BOWEN, JR.
JUDGE, UNITED STATES DISTRICT court
SOUTHERN DISTRICT OF GEORGIA

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