Plea Agreement — United States v. Ernest Bernard Gonder, Jr.

Record facts

U.S. District Court, Southern District of Florida · No. 0:24-cr-60003-KMW · Doc. 12 · 2024-03-07 · Docket on CourtListener

Full text

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UNITED STATES DISTY CT COURT
SOUTHERN DISTRICT 0F FLOU
A
CASE N O. 24-CR-60003-W 1LL1AM S
UNITED STATES OF AM ERICA,
ERNEST BERNARD GONDER JR.,
Defendant.
/
PLEA A GREEM ENT
The United States of America and ERNEST BERNARD GONDER :1.,
(hereinafter referred to as the çûdefendanf') enter into the following agreement:
The defendant agrees to plead guilty to Counts One (1) and Two (2) of the
inform atiow which charges the defendant with W ire Fraud, in violation of Title 18,
United States Code, Section 1343.
'Fhe defendant is aware that the sentence will be imposed by the court after
considering the Federal Sentencing Guidelines and Policy Statements (hereinafter
ttsentencing Guidelines'). 'Fhe defendant acu owledges and understands that the court
will compute an advisory sentence tmder the Sentencing Guidelines and that the
applicable gujdelines will be determined by the court relying in part on the results of a
Pre-sentence Investigation by the court's probation oflice, which investigation will
comm ence aRer the guilty plea has been entered. The defendant is also aware that, tmder
certain circum stances, the court may depart âom the advisory sentencing N ideline range
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that it has computed, and m ay raise or lower that advisory sentence under the Sentencing
Guidelines. The defendant is flzrther aware and understands that the court is required to
consider the advisory guideline range determ ined under the Sentencing Guidelines, but is
not bound to impose that sentence; the court is perm itted to tailor the ultimate sentence in
light of other stamtory concem s, and such sentence m ay be either more severe or less
severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the
defendant understands and aclm owledges that the court has the authority to impose any
sentence witllin and up to the statutory m aximllm authorized by 1aw for the offenses
identified in paragraph 1 and that the defendant m ay not withdraw his plea solely as a
result of the sentence imposed.
3. 
The United States agrees that it w ill recom mend at sentencing that the
court reduce by two levels the sentencing guideline level applicable to the defendant's
offense, pursuant to Section 3E1.1(a) of the Sentencing Guidelines, based upon the
defendant's recoN ition and aflrm ative and timely acceptance of personal responsibility.
If at the time of sentencing the defendant's offense level is determ ined to be 16 or
greater, the govem m ent will make a m otion requesting an additional one level decrease
pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that the defendant has
assisted authorities in the investigation or prosecution of his own m isconduct by timely
notifying authorities of his intention to enter a plea of guilty, thereby permitting the
government to avoid prepating for trial and perm itting the government and the court to
allocate their resources eftk iently. The United States, however, will not be required to
make these recommendations if the defendant: (1) fails or relses to make a 111, accmate
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and complde disclosure to the probation office of the circllm stances surrounding the
relevant offense cohduct; (2) is found to have misrepresented facts to the government
pdor to enteling into this plea apeement; or (3) commits any misconduct after entering
into this plea ap eem ent, including but not limited to comm itting a state or federal
offense, violating any term  of release, or m aking false statem ents or m isrepresentations to
any governmental entity or oficial.
4. 
'fhe United States and the defendant agree that, although not binding on
the probation office or the courq they will jointly recommend that the court make the
following fmdings and conclusions as to the sentence to be imposed:
a. Base O ffense Level:
in the instant case is a 7.
b. Specm c Offense Characteristk : Because the acm al or intended loss
amotmt was more than $150,000 but less than $250,000, a 10 level
Pursuant to 2B1.1(a)(1), the base offense level
increase in the offense level is warranted per 2B1.1(b)(1)(F).
c. Reducdon in Total Offense Level: Because the Defendant is a zero
point offender who m eets the cziteria set forth in 4C1.1, there is a 2
level reduction in the total offense level.
d. Restitution: The Defendant agrees to the entry of aq order of
restitution in the nmount of $168,248.41, made payable to the Small
Business Adm inistration. This sllm represents the actual loss in the
instant case.
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The defendant agrees that he shall cooperate fully with this Office by: (a)
providing truthflzl and complete inform ation and tèstim ony, and producing documents,
records and other evidence, when called upon by this Ofsce, whether in interviews,
before a grand jury, or at any trial or other Court proceeding; (b) appealing at such g'rand
jtuy proceedings, hearings, trials, and otherjudicial proceedings, and at meetings, as may
be required by this Oftice; and (c) if requested by this Office, working in an undercover
role under the supervision of, and in com pliance with, 1aw enforcement oftk ers and
agents. In addition, the defendant agrees that he will not protect any person or entity
through false inform ation or om ission, that he will not falsely implicate any person or
entity, and that he will not com mit any further crim es.
6. 
This Oflce reserves the right to evaluate the nature and extent of the
defendant's coopemtion and to make fhat cooperation, or lack thereof, H own to the
Court at the time of sentencing. If in the sole and unreviewable judgment of this Offce
the defendant's cooperation is of such quality and significance to the investigation or
prosecution of other crim inal matters as to w arrant the Court's downward departure from
the advisory sentencing range calculated tm der the Sentencing Guidelines and/or any
applicable minimum m andatory sentence,
sentencing pc suant to Section 5K1.1 of the
United States Code, Section 35534$, or subsequent to sentencing pursuant to Rule 35 of
this Ofice may m ake a m otion prior to
Sentencing Guidelines and/or Title 18,
the Federal Rules of Crim inal Procedm e, iaform ing the Court that the defendant has
provided substantial assistance and recomm ending that the defendant's sentence be
reduced. The defendant understands and ap ees, however, that nothing in this av eem ent
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requires this Office to file any such m otions, and that this Office's assessm ent of the
quality and significance of the defendant's cooperation shall be binding as it relates to the
appropriateness of this Oflce's liling or non-lling of a motion to reduce sentence.
The defendant understands and acu owledges that the Court is under no
obligation to grant a motion for reduction of sentence fled by this Office. In addition, the
defendant further understands and acu owledges that the Court is under np obligation of
any type to reduce the defendant's sentence because of the defendant's cooperation.
The defendant further tmderstands and acu owledges that, in addition to
any sentence imposed in this case, a special assessment in the amount of two hundred
dollars ($200) will be imposed on the defendant.The defendant agrees that any special
assessm ent imposed shall be paid at the tim e of sentencing.
9. 
'rhe defendant also understands and acknowledges that as to Counts One
(1) and Two (2) of the information, the court can impose up to a 20 year tenn of
imprispnm ent, followed by a term of supervised release of up to 3 years, and a fm e of up
to $250,000. The Court shall order restitution, if applicable.
10. 
The defendant agrees, in an individual and any other capacity, to forlkit to
the United States, voltmtarily and im m ediately, any right, title, and interest to any
property constituting, or derived gom , proceeds obtained, directly or indirectly, as a
result of such violation, pursuant to Title 18, United States Code, Section 982(a)(2)(A).
In additiono the defendant agrees to forfeiture of substitute property pmsuant to 21 U.S.C.
j 853û9. 'l'he property subject to forfeiture includes, but is not limited to:
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a. 
a forfeiture money judgment in the sum of $168,248.41 in U.S. currency,
which sttm represents the value of the property subject to forfeiture; and
substim te property, including, but not lim ited to, the real property located
at 1621 N W  2nd Ave, Pom pano Beach, FL 33060-5217.
.11. 
The defendant further agrees that forfeiture is independent of any
assessment, fine, cost, restitution, or penalty that may be imposed by the Court. 'l'he
defendant ltnowingly and voluntarily arees to waive a11 constimtional, legal, and
equitable defenses to the forfeiture, including excessive fm es under the Eighth
Am endm ent to the United States Constim tion. In addition, the defendant agrees to waive
any applicable time limits for administrative or judicial forfeiture proceedings, the
requirements of Fed. R. Ctim. P. 32.2 and 43(a), and any appeal of the forfeiture.
12. , The defendant also agrees to fully and truthfnlly disclose the existence,
nature and location of a11 assets in which the defendant has or had any direct or indirect
fmancial interest or control, and any assets involved in the offenses of conviction. The
defendant agrees to take al1 steps requested by the United States for the recovery and
forlkiture of a11 assets identified by theUnited States as subject to forlbiture. This
includes, but is not lim ited to, the timely delivery upon request of a11 necessary and
appropriate docum entation to deliver good and marketable title, consenting to a11 orders
of forfeiture, and not contesting or impeding in any way with any criminal, civil or
administrative forfeiture proceeding concerning the forfeiture.
13. 
Defendant recognizes that pleading guilty may have consequences with
respect to his imm igration status if he is not a citizen of the Urlited States. Under federal
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lam  a broad range of crim es are rem ovable offenses. Removal and other im migration
consequences are the subject of a sepo te proceeding, however, and the defendant
understands that no one, including his attom ey or the District Court, can predict to a
certainty the effect of his conviction on his imm ip ation stam s. However, the Defendant
nevertheless am rms that he wants to plead guilty regardless of any im migration
consequences that his plea m ay entail, even if the consequence is his rem oval from  the
United States.
14. 
The Oftk e of the United States Attorney for the Southem  District of
Florida (hereinaAer trffice'') reserves the l'ight to inform the court and the probation
office of a11 facts pertinent to the sentencing process, including a11 relevant information
concerning the offenses com mitted, whether charged or not, as w ell as concem ing the
defendant and the defendant's backgrolmd. Subject only to the express terms of any
ap eed-upon sentencing recommendations contained in this agreem ent, this Office further
reserves the hght to m ake any recomm endation as to the quality and quantity of
Ilnishm ent.
P
15.
The defendant is aware that the sentence has not yet been determ ined by
the court. The defendant also is aware that any estimate of the probable sentencing range
or sentence that the defendant m ay receive, whether that estim ate com es from  the
defendant's attom ey, the governm ent, or the probation oftice, is a prediction, not a
promise, and is not binding on the governm ent, the probation oftk e or the court. The
defendant tmderstands flzrther that any recomm endation that the governm. ent makes to the
court as to sentencing, whether pursuant to this av eem ent or otherwise, is not binding on
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the court and the court may disregard the recomm endation in its entirety. The defendant
tmderstands and acknowledges, as previously acu owledged in paragraph 3 above, that
the defendant m ay not with/ aw his plea based upon the court's decision not to accept a
sentencing recomm endation made by the defendant, the govem ment, or a
recommendation madejointly by both the defendant and the government.
16. 
This is the entke agreem ent and tmderstanding between the United States
and the defendant. There are no other agreements, prom ises, representations, or
understandings.
a/v/ay
Date:
M ARKENZY LAPOW TE
UNITED STATES ATTORN EY
By:
M ARC S. ANTON
ASSISTANT U . S. ATTORNEY
l
By:
V CHAEL COHEN, ESQ.
ATTORNEY F0R D ENDANT
K
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y: 
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.
E 
ST BE M D GO ER JR.
DEFENDAN T
oate: 3 //-/zz?
Y X Y
oate: 3
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