Court filing
Plea Agreement for Defendant — United States v. Kanyike (Dkt. 44, C.D. Cal.)
Summary
Plea agreement for defendant Hassan Kanyike, filed 02/25/21 as Document 44 in United States v. Hassan Kanyike, No. CR 2:21-cr-00081-VAP in the U.S. District Court for the Central District of California, in the Government's loan fraud investigation. Kanyike agrees to plead guilty to a one-count information charging wire fraud under 18 U.S.C. § 1343, which carries a statutory maximum of 20 years' imprisonment. Before sentencing he is to deliver $1,302,550 to the Fiscal Clerk of the Court for restitution and fines, the amount the parties currently believe restitution to be, and to forfeit $75,762.51 seized from a JPMorgan Chase Bank account in the name of Falcon Motors Inc. He also agrees to try to repatriate funds he caused to be transferred from that account to the Republic of Uganda.
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
Filed February 25, 2021 in Hassan Kanyike; one of 8 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-02-25 |
Cite this document
“Plea Agreement for Defendant — United States v. Kanyike (Dkt. 44, C.D. Cal.).”
U.S. District Court for the Central District of California, No. 2:21-cr-00081, Doc. 44, filed 2021-02-25. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-hassan-kanyike/2021-02-25-plea-agreement-for-defendant-dkt-44/
, SHA-256 22cdfbbdc6993fcd3e36a3b1cb4f4f94c01dc9cd85b576c4a6e315fca7b8aa2d.Full text
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 1 of 50 Page ID #:255
1 TRACY WILKISON
Acting United States Attorney
2 BRANDON D. FOX
Assistant United States Attorney
3 Chief, Criminal Division
RICHARD E. ROBINSON (Cal. Bar No. 90840)
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-0713
7 Facsimile: (213) 894-6269
E-mail: Richard.Robinson@usdoj.gov
8
DANIEL S. KAHN
9 Acting Chief, Fraud Section
WILLIAM E. JOHNSTON (D.C. Bar No. 1030662)
10 Assistant Chief, Fraud Section
Criminal Division
11 United States Department of Justice
1400 New York Avenue, NW
12 Washington, DC 20005 2/25/2021
Phone: (202)514-0687
13 Email: william.johnston4@usdoj.gov JB
14 Attorneys for Plaintiff
UNITED STATES OF AMERICA
15
UNITED STATES DISTRICT COURT
16
FOR THE CENTRAL DISTRICT OF CALIFORNIA
17
UNITED STATES OF AMERICA, No. CR 2:21-cr-00081-VAP
18
Plaintiff, PLEA AGREEMENT FOR DEFENDANT
19 HASSAN KANYIKE
v.
20
HASSAN KANYIKE,
21
Defendant.
22
23
1. This constitutes the plea agreement between HASSAN KANYIKE
24
(“defendant”) and the United States Attorney’s Office for the Central
25
District of California (the “USAO”) and the Fraud Section of the
26
Criminal Division of the U.S. Department of Justice (collectively,
27
the “Government”) in the Government’s loan fraud investigation of
28
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 2 of 50 Page ID #:256
1 defendant. This agreement is limited to the USAO and the Fraud
2 Section and cannot bind any other federal, state, local, or foreign
3 prosecuting, enforcement, administrative, or regulatory authorities.
4 DEFENDANT’S OBLIGATIONS
5 2. Defendant agrees to:
6 a. Give up the right to indictment by a grand jury and,
7 at the earliest opportunity requested by the Government and provided
8 by the Court, appear and plead guilty to a one-count information, in
9 the form attached to this agreement as Exhibit A or a substantially
10 similar form, which charges defendant with Wire Fraud in violation of
11 18 U.S.C. § 1343.
12 b. Not contest facts agreed to in this agreement.
13 c. Abide by all agreements regarding sentencing contained
14 in this agreement.
15 d. Appear for all court appearances, surrender as ordered
16 for service of sentence, obey all conditions of any bond, and obey
17 any other ongoing court order in this matter.
18 e. Agree that all court appearances, including his change
19 of plea hearing and sentencing hearing, may proceed by video-
20 teleconference (“VTC”) or telephone, if VTC is not reasonably
21 available, so long as such appearances are authorized by Orders of
22 the Chief Judge Nos. 20-043 and 20-186, or another order, rule, or
23 statute. Defendant understands that, under the United States
24 Constitution, the United States Code, and the Federal Rules of
25 Criminal Procedure (including Rules 11, 32, and 43), he may have the
26 right to be physically present at these hearings. Defendant
27 understands that right and, after consulting with counsel,
28 voluntarily agrees to waive it and to proceed remotely. Defense
2
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 3 of 50 Page ID #:257
1 counsel also joins in this consent, agreement, and waiver.
2 Specifically, this agreement includes, but is not limited to, the
3 following:
4 i. Defendant consents under Federal Rules of
5 Criminal Procedure 5(f) and 10(c) and Section 15002(b) of the CARES
6 Act to proceed with his initial appearance and arraignment by VTC or
7 telephone, if VTC is not reasonably available.
8 ii. Defendant consents under Section 15002(b) of the
9 CARES Act to proceed with his waiver of indictment, under Federal
10 Rule of Criminal Procedure 7(b), by VTC or telephone, if VTC is not
11 reasonably available.
12 iii. Defendant consents under Section 15002(b) of the
13 CARES Act to proceed with his change of plea hearing by VTC or
14 telephone, if VTC is not reasonably available.
15 iv. Defendant consents under Section 15002(b) of the
16 CARES Act to proceed with his sentencing hearing by VTC or telephone,
17 if VTC is not reasonably available.
18 v. Defendant consents under 18 U.S.C. § 3148 and
19 Section 15002(b) of the CARES Act to proceed with any hearing
20 regarding alleged violations of the conditions of pretrial release by
21 VTC or telephone, if VTC is not reasonably available.
22 f. Not commit any crime or any act constituting
23 obstruction of justice; however, offenses that would be excluded for
24 sentencing purposes under United States Sentencing Guidelines
25 (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not within the
26 scope of this agreement.
27 g. Be truthful at all times with the United States
28 Probation and Pretrial Services Office and the Court.
3
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 4 of 50 Page ID #:258
1 h. Pay the applicable special assessment at or before the
2 time of sentencing unless defendant has demonstrated a lack of
3 ability to pay such assessments.
4 i. At or before the time of sentencing, satisfy any and
5 all restitution and fine obligations based on ability to pay by
6 delivering a certified check or money order to the Fiscal Clerk of
7 the Court in the amount of $1,302,550, to be held until the date of
8 sentencing and, thereafter, applied to satisfy defendant’s
9 restitution and fine balances. Payments may be made to the Clerk,
10 United States District Court, Fiscal Department, 255 East Temple
11 Street, 11th Floor, Los Angeles, California 90012.
12 j. Ability to pay shall be assessed based on the
13 Financial Disclosure Statement, referenced below, and all other
14 relevant information relating to ability to pay. Defendant will use
15 his reasonable best efforts to repatriate any funds defendant caused
16 to be transferred to the Republic of Uganda from a bank account he
17 maintained at JPMorgan Chase Bank in the name of Falcon Motors Inc.,
18 and defendant will cause such repatriated funds to be delivered by
19 certified check or money order to the Fiscal Clerk of the Court, to
20 be applied to satisfy defendant’s restitution and fine balances.
21 k. Complete the Financial Disclosure Statement on a form
22 provided by the Government and, within 30 days of defendant’s entry
23 of a guilty plea, deliver the signed and dated statement, along with
24 all of the documents requested therein, to the Government by either
25 email at usacac.FinLit@usdoj.gov (preferred) or mail to the USAO
26 Financial Litigation Section at 300 N. Los Angeles St., Suite 7516,
27 Los Angeles, CA 90012.
28 l. Authorize the Government to obtain a credit report
4
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 5 of 50 Page ID #:259
1 upon returning a signed copy of this plea agreement.
2 m. Consent to the Government inspecting and copying all
3 of defendant’s financial documents and financial information held by
4 the United States Probation and Pretrial Services Office.
5 3. Defendant further agrees:
6 a. To forfeit all right, title, and interest in and to
7 any and all monies, properties, and/or assets of any kind, derived
8 from or acquired as a result of the illegal activity to which
9 defendant is pleading guilty, specifically including, but not limited
10 to, the following: $75,762.51, seized pursuant to a seizure warrant
11 executed on or about December 23, 2020, against funds in a bank
12 account maintained at JPMorgan Chase Bank in the name of Falcon
13 Motors Inc. (collectively, the “Forfeitable Assets”).
14 b. To the Court’s entry of an order of forfeiture at or
15 before sentencing with respect to the Forfeitable Assets and to the
16 forfeiture of the assets.
17 c. To take whatever steps are necessary to pass to the
18 United States clear title to the Forfeitable Assets, including,
19 without limitation, the execution of a consent decree of forfeiture
20 and the completing of any other legal documents required for the
21 transfer of title to the United States.
22 d. Not to contest any administrative forfeiture
23 proceedings or civil judicial proceedings commenced against the
24 Forfeitable Assets. If defendant submitted a claim and/or petition
25 for remission for all or part of the Forfeitable Assets on behalf of
26 himself or any other individual or entity, defendant shall and hereby
27 does withdraw any such claims or petitions, and further agrees to
28
5
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 6 of 50 Page ID #:260
1 waive any right he may have to seek remission or mitigation of the
2 forfeiture of the Forfeitable Assets.
3 e. Not to assist any other individual in any effort
4 falsely to contest the forfeiture of the Forfeitable Assets.
5 f. Not to claim that reasonable cause to seize the
6 Forfeitable Assets was lacking.
7 g. To prevent the transfer, sale, destruction, or loss of
8 any and all assets described above to the extent defendant has the
9 ability to do so.
10 h. To fill out and deliver to the Government a completed
11 financial statement listing defendant’s assets on a form provided by
12 the Government.
13 i. That forfeiture of Forfeitable Assets shall not be
14 counted toward satisfaction of any special assessment, fine,
15 restitution, costs, or other penalty the Court may impose.
16 4. With respect to any criminal forfeiture ordered as a result
17 of this plea agreement, defendant waives: (1) the requirements of
18 Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice
19 of the forfeiture in the charging instrument, announcements of the
20 forfeiture sentencing, and incorporation of the forfeiture in the
21 judgment; (2) all constitutional and statutory challenges to the
22 forfeiture (including by direct appeal, habeas corpus or any other
23 means); and (3) all constitutional, legal, and equitable defenses to
24 the forfeiture of the Forfeitable Assets in any proceeding on any
25 grounds including, without limitation, that the forfeiture
26 constitutes an excessive fine or punishment. Defendant acknowledges
27 that forfeiture of the Forfeitable Assets is part of the sentence
28 that may be imposed in this case and waives any failure by the Court
6
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 7 of 50 Page ID #:261
1 to advise defendant of this, pursuant to Federal Rule of Criminal
2 Procedure 11(b)(1)(J), at the time the Court accepts defendant’s
3 guilty plea.
4 THE GOVERNMENT’S OBLIGATIONS
5 5. The Government agrees to:
6 a. Not contest facts agreed to in this agreement.
7 b. Abide by all agreements regarding sentencing contained
8 in this agreement.
9 c. At the time of sentencing, provided that defendant
10 demonstrates an acceptance of responsibility for the offense up to
11 and including the time of sentencing, recommend a two-level reduction
12 in the applicable Sentencing Guidelines offense level, pursuant to
13 U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an
14 additional one-level reduction if available under that section.
15 d. Recommend that defendant be sentenced to a term of
16 imprisonment no higher than the low end of the applicable Sentencing
17 Guidelines range.
18 e. Except for criminal tax violations (including
19 conspiracy to commit such violations chargeable under 18 U.S.C.
20 § 371), not further criminally prosecute defendant for violations of
21 18 U.S.C. §§ 1028A, 1014, 1341, 1343, 1344, 1349, 1956, 1957, and 15
22 U.S.C. § 645 arising out of defendant’s conduct described in the
23 agreed-to factual basis set forth below. Defendant understands that
24 the Government is free to criminally prosecute defendant for any
25 other unlawful past conduct or any unlawful conduct that occurs after
26 the date of this agreement. Defendant agrees that at the time of
27 sentencing the Court may consider the uncharged conduct in
28 determining the applicable Sentencing Guidelines range, the propriety
7
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 8 of 50 Page ID #:262
1 and extent of any departure from that range, and the sentence to be
2 imposed after consideration of the Sentencing Guidelines and all
3 other relevant factors under 18 U.S.C. § 3553(a).
4 NATURE OF THE OFFENSE
5 6. Defendant understands that for defendant to be guilty of
6 the crime charged in the information, that is, wire fraud, in
7 violation of Title 18, United States Code, Section 1343, the
8 following must be true:
9 First, defendant knowingly devised a scheme or plan to defraud,
10 or a scheme or plan for obtaining money or property by means of false
11 or fraudulent pretenses, representations, promises or omitted facts;
12 Second, the statements made or facts omitted as part of the
13 scheme were material; that is, they had a natural tendency to
14 influence, or were capable of influencing, a person to part with
15 money or property;
16 Third, defendant acted with intent to defraud; that is, the
17 intent to deceive and cheat; and
18 Fourth, defendant used, or caused to be used, an interstate wire
19 communication to carry out or attempt to carry out an essential part
20 of the scheme.
21 PENALTIES AND RESTIUTION
22 7. Defendant understands that the statutory maximum sentence
23 that the Court can impose for a violation of Title 18, United States
24 Code, Section 1343, is: 20 years’ imprisonment; a three-year period
25 of supervised release; a fine of $250,000 or twice the gross gain or
26 gross loss resulting from the offense, whichever is greatest; and a
27 mandatory special assessment of $100.
28
8
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 9 of 50 Page ID #:263
1 8. Defendant understands that defendant will be required to
2 pay full restitution to the victim of the offense to which defendant
3 is pleading guilty. Defendant agrees that, in return for the
4 Government’s compliance with its obligations under this agreement,
5 the Court may order restitution to persons other than the victim of
6 the offense to which defendant is pleading guilty and in amounts
7 greater than those alleged in the count to which defendant is
8 pleading guilty. In particular, defendant agrees that the Court may
9 order restitution to any victim of any of the following for any
10 losses suffered by that victim as a result: (a) any relevant conduct,
11 as defined in U.S.S.G. § 1B1.3, in connection with the offense to
12 which defendant is pleading guilty; and (b) any charges not
13 prosecuted pursuant to this agreement as well as all relevant
14 conduct, as defined in U.S.S.G. § 1B1.3, in connection with those
15 charges. The parties currently believe that the applicable amount of
16 restitution is approximately $1,302,550 but recognize and agree that
17 this amount could change based on facts that come to the attention of
18 the parties prior to sentencing.
19 9. Defendant agrees that any and all fines and/or restitution
20 ordered by the Court will be due immediately. The government is not
21 precluded from pursuing, in excess of any payment schedule set by the
22 Court, any and all available remedies by which to satisfy defendant’s
23 payment of the full financial obligation, including referral to the
24 Treasury Offset Program.
25 10. The Court will also order forfeiture of the property listed
26 in count one of the information pursuant to 18 U.S.C. § 982 or
27 substitute assets up to the value of that property.
28
9
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 10 of 50 Page ID #:264
1 11. Defendant understands that supervised release is a period
2 of time following imprisonment during which defendant will be subject
3 to various restrictions and requirements. Defendant understands that
4 if defendant violates one or more of the conditions of any supervised
5 release imposed, defendant may be returned to prison for all or part
6 of the term of supervised release authorized by statute for the
7 offense that resulted in the term of supervised release, which could
8 result in defendant serving a total term of imprisonment greater than
9 the statutory maximum stated above.
10 12. Defendant understands that, by pleading guilty, defendant
11 may be giving up valuable government benefits and valuable civic
12 rights, such as the right to vote, the right to possess a firearm,
13 the right to hold office, and the right to serve on a jury. Defendant
14 understands that he is pleading guilty to a felony and that it is a
15 federal crime for a convicted felon to possess a firearm or
16 ammunition. Defendant understands that the conviction in this case
17 may also subject defendant to various other collateral consequences,
18 including but not limited to revocation of probation, parole, or
19 supervised release in another case and suspension or revocation of a
20 professional license. Defendant understands that unanticipated
21 collateral consequences will not serve as grounds to withdraw
22 defendant’s guilty plea.
23 13. Defendant and his counsel have discussed the fact that, and
24 defendant understands that, if defendant is not a United States
25 citizen, the conviction in this case makes it practically inevitable
26 and a virtual certainty that defendant will be removed or deported
27 from the United States. Defendant may also be denied United States
28 citizenship and admission to the United States in the future.
10
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 11 of 50 Page ID #:265
1 Defendant understands that while there may be arguments that
2 defendant can raise in immigration proceedings to avoid or delay
3 removal, removal is presumptively mandatory and a virtual certainty
4 in this case. Defendant further understands that removal and
5 immigration consequences are the subject of a separate proceeding and
6 that no one, including his attorney or the Court, can predict to an
7 absolute certainty the effect of his conviction on his immigration
8 status. Defendant nevertheless affirms that he wants to plead guilty
9 regardless of any immigration consequences that his plea may entail,
10 even if the consequence is automatic removal from the United States.
11 FACTUAL BASIS
12 14. Defendant admits that defendant is, in fact, guilty of the
13 offense to which defendant is agreeing to plead guilty. Defendant
14 and the Government agree to the statement of facts provided in
15 Exhibit B attached to this agreement, and agree that this statement
16 of facts is sufficient to support a plea of guilty to the charge
17 described in this agreement and to establish the Sentencing
18 Guidelines factors set forth in paragraph 16 below but is not meant
19 to be a complete recitation of all facts relevant to the underlying
20 criminal conduct or all facts known to either party that relate to
21 that conduct.
22 SENTENCING FACTORS
23 15. Defendant understands that in determining defendant’s
24 sentence the Court is required to calculate the applicable Sentencing
25 Guidelines range and to consider that range, possible departures
26 under the Sentencing Guidelines, and the other sentencing factors set
27 forth in 18 U.S.C. § 3553(a). Defendant understands that the
28 Sentencing Guidelines are advisory only, that defendant cannot have
11
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 12 of 50 Page ID #:266
1 any expectation of receiving a sentence within the calculated
2 Sentencing Guidelines range, and that after considering the
3 Sentencing Guidelines and the other § 3553(a) factors, the Court will
4 be free to exercise its discretion to impose any sentence it finds
5 appropriate up to the maximum set by statute for the crime of
6 conviction.
7 16. Defendant and the Government agree to the following
8 applicable Sentencing Guidelines factors:
9 Base Offense Level: 7 [U.S.S.G. §2B1.1(a)]
10 Specific Offense
Characteristics:
11
Loss more than $1,500,000,
12 not more than $3,500,000 +16 [U.S.S.G. §2B1.1(b)(1)(I)]
13
14 Acceptance of [U.S.S.G. § 3E1.1(b)]
Responsibility: -3
15
Total Offense Level: 20
16
The Government will agree to a two-level downward adjustment for
17
acceptance of responsibility (and, if applicable, move for an
18
additional one-level downward adjustment under U.S.S.G. § 3E1.1(b))
19
only if the conditions set forth in paragraph 5.c are met and if
20
defendant has not committed, and refrains from committing, acts
21
constituting obstruction of justice within the meaning of U.S.S.G. §
22
3C1.1, as discussed below. Subject to paragraph 29 below, defendant
23
and the Government agree not to seek, argue, or suggest in any way,
24
either orally or in writing, that any other specific offense
25
characteristics, adjustments, or departures relating to the offense
26
level be imposed. Defendant agrees, however, that if, after signing
27
this agreement but prior to sentencing, defendant were to commit an
28
12
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 13 of 50 Page ID #:267
1 act, or the Government were to discover a previously undiscovered act
2 committed by defendant prior to signing this agreement, which act, in
3 the judgment of the Government, constituted obstruction of justice
4 within the meaning of U.S.S.G. § 3C1.1, the Government would be free
5 to seek the enhancement set forth in that section and to argue that
6 defendant is not entitled to a downward adjustment for acceptance of
7 responsibility under U.S.S.G. § 3E1.1.
8 17. Defendant and the Government reserve the right to argue for
9 a sentence outside the sentencing range established by the Sentencing
10 Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),
11 (a)(2), (a)(3), (a)(6), and (a)(7).
12 18. Defendant understands that there is no agreement as to
13 defendant’s criminal history or criminal history category.
14 WAIVER OF CONSTITUTIONAL RIGHTS
15 19. Defendant understands that by pleading guilty, defendant
16 gives up the following rights:
17 a. The right to persist in a plea of not guilty.
18 b. The right to a speedy and public trial by jury.
19 c. The right to be represented by counsel –- and if
20 necessary have the Court appoint counsel -- at trial. Defendant
21 understands, however, that, defendant retains the right to be
22 represented by counsel –- and if necessary have the Court appoint
23 counsel –- at every other stage of the proceeding.
24 d. The right to be presumed innocent and to have the
25 burden of proof placed on the government to prove defendant guilty
26 beyond a reasonable doubt.
27 e. The right to confront and cross-examine witnesses
28 against defendant.
13
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 14 of 50 Page ID #:268
1 f. The right to testify and to present evidence in
2 opposition to the charges, including the right to compel the
3 attendance of witnesses to testify.
4 g. The right not to be compelled to testify, and, if
5 defendant chose not to testify or present evidence, to have that
6 choice not be used against defendant.
7 h. Any and all rights to pursue any affirmative defenses,
8 Fourth Amendment or Fifth Amendment claims, and other pretrial
9 motions that have been filed or could be filed.
10 WAIVER OF APPEAL OF CONVICTION
11 20. Defendant understands that, with the exception of an appeal
12 based on a claim that defendant’s guilty plea was involuntary, by
13 pleading guilty defendant is waiving and giving up any right to
14 appeal defendant’s conviction on the offense to which defendant is
15 pleading guilty. Defendant understands, having been fully advised by
16 defendant’s counsel, that this waiver includes, but is not limited
17 to, arguments that the statute to which defendant is pleading guilty
18 is unconstitutional, any defense, claim or argument defendant could
19 raise based on lack of venue with respect to the offense to which
20 defendant is pleading guilty, and any and all claims that the
21 statement of facts provided herein is insufficient to support
22 defendant’s plea of guilty.
23 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
24 21. Defendant gives up the right to appeal all of the
25 following: (a) the procedures and calculations used to determine and
26 impose any portion of the sentence; (b) the term of imprisonment
27 imposed by the Court, provided it is no more than the high-end of the
28 Sentencing Guidelines range calculated by the Court; (c) the fine
14
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 15 of 50 Page ID #:269
1 imposed by the Court, provided it is within the statutory maximum;
2 (d) to the extent permitted by law, the constitutionality or legality
3 of defendant’s sentence, provided it is within the statutory maximum;
4 (e) the amount and terms of any restitution order, provided it
5 requires payment of no more than $1,302,550; (f) the term of
6 probation or supervised release imposed by the Court, provided it is
7 within the statutory maximum; and (g) any of the following conditions
8 of probation or supervised release imposed by the Court: the
9 conditions set forth in Amended General Order 20-04 of this Court;
10 the drug testing conditions mandated by 18 U.S.C. §§ 3563(a)(5) and
11 3583(d); and the alcohol and drug use conditions authorized by 18
12 U.S.C. § 3563(b)(7).
13 22. Defendant also gives up any right to bring a post-
14 conviction collateral attack on the conviction or sentence, including
15 any order of restitution, except a post-conviction collateral attack
16 based on a claim of ineffective assistance of counsel or an
17 explicitly retroactive change in the applicable Sentencing
18 Guidelines, sentencing statutes, or statutes of conviction.
19 Defendant understands that this waiver includes, but is not limited
20 to, arguments that the statute to which defendant is pleading guilty
21 is unconstitutional, that newly discovered evidence purportedly
22 supports defendant’s innocence, and any and all claims that the
23 statement of facts provided herein is insufficient to support
24 defendant’s plea of guilty.
25 23. The Government agrees that, provided all portions of the
26 sentence are at or below the statutory maximum specified above, the
27 Government gives up its right to appeal any portion of the sentence,
28 with the exception that the Government reserves the right to appeal
15
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 16 of 50 Page ID #:270
1 the amount of restitution ordered if that amount is less than
2 $1,302,550.
3 RESULT OF WITHDRAWAL OF GUILTY PLEA
4 24. Defendant agrees that if, after entering a guilty plea
5 pursuant to this agreement, defendant seeks to withdraw and succeeds
6 in withdrawing defendant’s guilty plea on any basis other than a
7 claim and finding that entry into this plea agreement was
8 involuntary, then (a) the Government will be relieved of all of its
9 obligations under this agreement; and (b) should the Government
10 choose to pursue any charge that was either dismissed or not filed as
11 a result of this agreement, then (i) any applicable statute of
12 limitations will be tolled between the date of defendant’s signing of
13 this agreement and the filing commencing any such action; and
14 (ii) defendant waives and gives up all defenses based on the statute
15 of limitations, any claim of pre-indictment delay, or any speedy
16 trial claim with respect to any such action, except to the extent
17 that such defenses existed as of the date of defendant’s signing this
18 agreement.
19 EFFECTIVE DATE OF AGREEMENT
20 25. This agreement is effective upon signature and execution of
21 all required certifications by defendant, defendant’s counsel, and an
22 Assistant United States Attorney.
23 BREACH OF AGREEMENT
24 26. Defendant agrees that if defendant, at any time after the
25 signature of this agreement and execution of all required
26 certifications by defendant, defendant’s counsel, and an Assistant
27 United States Attorney, knowingly violates or fails to perform any of
28 defendant’s obligations under this agreement (“a breach”), the
16
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 17 of 50 Page ID #:271
1 Government may declare this agreement breached. All of defendant’s
2 obligations are material, a single breach of this agreement is
3 sufficient for the Government to declare a breach, and defendant
4 shall not be deemed to have cured a breach without the express
5 agreement of the Government in writing. If the Government declares
6 this agreement breached, and the Court finds such a breach to have
7 occurred, then: (a) if defendant has previously entered a guilty plea
8 pursuant to this agreement, defendant will not be able to withdraw
9 the guilty plea, and (b) the Government will be relieved of all its
10 obligations under this agreement.
11 27. Following the Court’s finding of a knowing breach of this
12 agreement by defendant, should the Government choose to pursue any
13 charge that was either dismissed or not filed as a result of this
14 agreement, then:
15 a. Defendant agrees that any applicable statute of
16 limitations is tolled between the date of defendant’s signing of this
17 agreement and the filing commencing any such action.
18 b. Defendant waives and gives up all defenses based on
19 the statute of limitations, any claim of pre-indictment delay, or any
20 speedy trial claim with respect to any such action, except to the
21 extent that such defenses existed as of the date of defendant’s
22 signing this agreement.
23 c. Defendant agrees that: (i) any statements made by
24 defendant, under oath, at the guilty plea hearing (if such a hearing
25 occurred prior to the breach); (ii) the agreed to factual basis
26 statement in this agreement; and (iii) any evidence derived from such
27 statements, shall be admissible against defendant in any such action
28 against defendant, and defendant waives and gives up any claim under
17
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 18 of 50 Page ID #:272
1 the United States Constitution, any statute, Rule 410 of the Federal
2 Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal
3 Procedure, or any other federal rule, that the statements or any
4 evidence derived from the statements should be suppressed or are
5 inadmissible.
6 COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES
7 OFFICE NOT PARTIES
8 28. Defendant understands that the Court and the United States
9 Probation and Pretrial Services Office are not parties to this
10 agreement and need not accept any of the Government’s sentencing
11 recommendations or the parties’ agreements to facts or sentencing
12 factors.
13 29. Defendant understands that both defendant and the
14 Government are free to: (a) supplement the facts by supplying
15 relevant information to the United States Probation and Pretrial
16 Services Office and the Court, (b) correct any and all factual
17 misstatements relating to the Court’s Sentencing Guidelines
18 calculations and determination of sentence, and (c) argue on appeal
19 and collateral review that the Court’s Sentencing Guidelines
20 calculations and the sentence it chooses to impose are not error,
21 although each party agrees to maintain its view that the calculations
22 in paragraph 16 are consistent with the facts of this case. While
23 this paragraph permits both the Government and defendant to submit
24 full and complete factual information to the United States Probation
25 and Pretrial Services Office and the Court, even if that factual
26 information may be viewed as inconsistent with the facts agreed to in
27 this agreement, this paragraph does not affect defendant’s and the
28
18
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 19 of 50 Page ID #:273
1 Government’s obligations not to contest the facts agreed to in this
2 agreement.
3 30. Defendant understands that even if the Court ignores any
4 sentencing recommendation, finds facts or reaches conclusions
5 different from those agreed to, and/or imposes any sentence up to the
6 maximum established by statute, defendant cannot, for that reason,
7 withdraw defendant’s guilty plea, and defendant will remain bound to
8 fulfill all defendant’s obligations under this agreement. Defendant
9 understands that no one –- not the prosecutor, defendant’s attorney,
10 or the Court –- can make a binding prediction or promise regarding
11 the sentence defendant will receive, except that it will be within
12 the statutory maximum.
13 NO ADDITIONAL AGREEMENTS
14 31. Defendant understands that, except as set forth herein,
15 there are no promises, understandings, or agreements between the
16 Government and defendant or defendant’s attorney, and that no
17 additional promise, understanding, or agreement may be entered into
18 unless in a writing signed by all parties or on the record in court.
19 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
20 32. The parties agree that this agreement will be considered
21 part of the record of defendant’s guilty plea hearing as if the
22 ///
23 ///
24 ///
25
26
27
28
19
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 20 of 50 Page ID #:274
2/22/2021
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 21 of 50 Page ID #:275
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 22 of 50 Page ID #:276
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 23 of 50 Page ID #:277
1 EXHIBIT A TO PLEA AGREEMENT OF DEFENDANT HASSAN KANYIKE
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 UNITED STATES OF AMERICA, CR No.
11 Plaintiff, I N F O R M A T I O N
12 v. [18 U.S.C. § 1343: Wire Fraud; 18
U.S.C. § 982: Criminal Forfeiture]
13 HASSAN KANYIKE,
14 Defendant.
15
16 The Acting United States Attorney charges:
17 [18 U.S.C. § 1343]
18 A. INTRODUCTORY ALLEGATIONS
19 At times relevant to this Information:
20 Defendant and the Relevant Entities
21 1. Defendant HASSAN KANYIKE, who was born in the Republic of
22 Uganda, resided in Newhall, California, within the Central District
23 of California.
24 2. Defendant KANYIKE was Chief Executive officer and Chief
25 Financial officer of Falcon Motors Inc. (“Falcon Motors”), a
26 California corporation formed in 2018, with its business address in
27 Los Angeles, California, within the Central District of California.
28 Defendant KANYIKE operated Falcon Motors as a used car dealership.
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 24 of 50 Page ID #:278
1 3. Defendant KANYIKE was also the sole proprietor of HK
2 Development International (“HK Development”), a purported business
3 located at the same address as defendant KANYIKE’s Newhall residence.
4 4. Defendant KANYIKE controlled a business checking account in
5 the name of Falcon Motors, maintained at a branch of “Bank A,” within
6 the Central District of California (“Falcon Motors Bank A Account”).
7 5. Defendant KANYIKE also controlled a personal checking
8 account in his own name, maintained at a branch of “Bank B,” within
9 the Central District of California (“defendant’s Bank B Account”).
10 The Paycheck Protection Program
11 6. The Coronavirus Aid, Relief, and Economic Security
12 (“CARES”) Act was a federal law enacted in or about March 2020 that
13 was designed to provide emergency financial assistance to Americans
14 suffering economic harm as a result of the COVID-19 pandemic. One
15 form of assistance provided by the CARES Act was the authorization of
16 United States taxpayer funds in forgivable loans to small businesses
17 for job retention and certain other expenses, through a program
18 referred to as the Paycheck Protection Program (“PPP”). PPP loan
19 proceeds were required to be used by the business to pay certain
20 permissible expenses: payroll costs, interest on mortgages, rent, and
21 utilities.
22 7. In order to obtain a PPP loan, a qualifying business was
23 required to submit a PPP loan application signed by an authorized
24 representative of the business. The PPP loan application required
25 the applicant business (through its authorized representative) to
26 acknowledge the program rules and make certain affirmative
27 certifications in order to be eligible to obtain the PPP loan. Such
28 certifications required the applicant to affirm that “The [PPP loan]
2
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 25 of 50 Page ID #:279
1 funds will be used to retain workers and maintain payroll or make
2 mortgage interest payments, lease payments, and utility payments,”
3 and that the “loan proceeds will be used only for business-related
4 purposes as specified in the loan application” and consistent with
5 the PPP rules. The authorized representative of the applicant was
6 also required to certify that “the information provided in this
7 application and the information provided in all supporting documents
8 and forms is true and accurate in material respects,” and “I
9 understand that if the funds are knowingly used for unauthorized
10 purposes, the federal government may hold me legally liable, such as
11 for charges of fraud.”
12 8. In the PPP loan application, the applicant was required to
13 state, among other things, the business’s: (a) average monthly
14 payroll expenses and (b) number of employees. These figures were
15 used to calculate the amount of money the small business was eligible
16 to receive under the PPP. In addition, the applicant was required to
17 provide documentation showing its payroll expenses.
18 9. A small business’s PPP loan application was received and
19 processed by a participating lender approved by the Small Business
20 Administration (“SBA”). If a PPP loan application was approved, the
21 participating lender would fund the PPP loan using its own monies,
22 which were guaranteed by the SBA.
23 The EIDL Program
24 10. The Economic Injury Disaster Loan (“EIDL”) program was an
25 SBA program that provided low-interest financing to small businesses,
26 renters, and homeowners in regions affected by declared disasters.
27 The CARES Act authorized the SBA to provide EIDLs to eligible small
28
3
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 26 of 50 Page ID #:280
1 businesses experiencing substantial financial disruption due to the
2 COVID-19 pandemic.
3 11. In order to obtain an EIDL, a qualifying small business had
4 to submit an application to the SBA and provide information about its
5 operations, such as the number of employees, gross revenues for the
6 12-month period preceding the disaster, and cost of goods sold in the
7 12-month period preceding the disaster. In the case of EIDLs for
8 COVID-19 relief, the 12-month period ran from January 31, 2019, to
9 January 31, 2020. The applicant had to also certify that all of the
10 information in the application was true and correct to the best of
11 the applicant’s knowledge.
12 12. EIDL applications were submitted directly to the SBA. The
13 amount of the loan, if the application was approved, was determined
14 based, in part, on the information provided by the applicant about
15 employment, revenue, and costs of goods, as described above. Any
16 funds issued under an EIDL were issued directly by the SBA. EIDL
17 funds could be used for payroll expense, sick leave, production
18 costs, and business obligations, such as debts, rent, and mortgage
19 payments. If the applicant also obtained a PPP loan, the EIDL
20 proceeds could be used for the same purpose as the PPP funds.
21 SBA-Approved Lender
22 13. “Bank C” was a financial institution based in Salt Lake
23 City, Utah, and was an SBA-approved participating lender of PPP
24 loans.
25 B. THE SCHEME TO DEFRAUD
26 14. Beginning in or about April 2020, and continuing through in
27 or about June 2020, in Los Angeles County, within the Central
28 District of California, and elsewhere, defendant KANYIKE, together
4
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 27 of 50 Page ID #:281
1 with others known and unknown to the Acting United States Attorney,
2 knowingly and with intent to defraud, devised, participated in,
3 executed, and attempted to execute a scheme to defraud Bank C, the
4 SBA, and other SBA-approved lenders as to material matters, and to
5 obtain money and property owned by and in the custody and control of
6 Bank C, the SBA, and other SBA-approved lenders by means of material
7 false and fraudulent pretenses, representations, and promises, and
8 the concealment of material facts.
9 15. The fraudulent scheme operated and was carried out, in
10 substance, as follows:
11 a. During April, May, and June 2020, defendant KANYIKE
12 submitted, and caused to be submitted, eight false and fraudulent PPP
13 and EIDL loan applications to Bank C, the SBA, and four other SBA-
14 approved lenders on behalf of Falcon Motors and HK Development. More
15 specifically, in April 2020, defendant KANYIKE submitted four
16 separate PPP loan applications for Falcon Motors to Bank C and three
17 other SBA-approved lenders, one PPP loan application for HK
18 Development to Bank C, and one EIDL application for Falcon Motors to
19 the SBA. In May 2020, defendant KANYIKE submitted a PPP loan
20 application for Falcon Motors to another SBA-approved lender. In
21 June 2020, defendant KANYIKE submitted an EIDL application for HK
22 Development to the SBA.
23 b. Defendant KANYIKE certified in the PPP loan
24 applications that defendant KANYIKE, as authorized representative of
25 Falcon Motors and HK Development, knew and understood the terms and
26 rules of the PPP loan program, which provided that PPP loan proceeds
27 were to be used by the recipient to pay only certain authorized
28 business expenses, such as payroll, mortgage interest, lease, and
5
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 28 of 50 Page ID #:282
1 utilities. Instead of using PPP loan proceeds for their stated and
2 authorized business purposes consistent with PPP rules, defendant
3 KANYIKE knowingly misapplied and used a substantial portion of the
4 PPP loan proceeds for his own personal benefit, including sending
5 hundreds of thousands of dollars of PPP loan proceeds to Uganda.
6 c. In support of the PPP loan applications, defendant
7 KANYIKE misrepresented and inflated the number of employees and
8 payroll for Falcon Motors and HK Development, and provided fake
9 supporting payroll tax records, payroll registers, and bank records.
10 d. Defendant KANYIKE certified in the EIDL applications
11 that all representations in the applications, including supplementary
12 submissions, were true and correct, and offered to induce the SBA to
13 make the loans. In support of the EIDL applications, defendant
14 KANYIKE misrepresented and inflated the total revenue and costs of
15 goods sold for both Falcon Motors and HK Development during the
16 relevant period (January 31, 2019, to January 31, 2020).
17 e. Defendant KANYIKE caused the Bank C, the SBA, and the
18 other SBA-approved lenders to pay or transfer the fraudulently
19 obtained PPP loans and EIDL funds for Falcon Motors and HK
20 Development, respectively, into the Falcon Motors Bank A Account and
21 defendant’s Bank B Account.
22 16. To carry out the fraudulent scheme, in April 2020,
23 defendant KANYIKE submitted, and caused to be submitted, to Bank C a
24 loan application dated April 30, 2020, signed by defendant KANYIKE,
25 and supporting documentation, for a PPP loan in the amount of
26 $420,000 for Falcon Motors (the “Falcon Motors PPP Loan
27 Application”), for the stated purpose of paying payroll for Falcon
28 Motors. In the Falcon Motors PPP Loan Application, defendant KANYIKE
6
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 29 of 50 Page ID #:283
1 knowingly made the following false and fraudulent statements, among
2 others:
3 a. Defendant KANYIKE falsely represented that applicant
4 Falcon Motors had 26 employees and an average monthly payroll of
5 $168,000, when, in fact, as defendant KANYIKE then knew, Falcon
6 Motors had substantially fewer employees and a substantially lower
7 payroll;
8 b. Defendant KANYIKE falsely represented that applicant
9 Falcon Motors was in operation as of February 15, 2020, and had
10 employees for whom it paid salaries and payroll taxes using Employer
11 Identification Number (“EIN”) 85-080XXXX, when, in fact, as defendant
12 KANYIKE then knew, EIN 85-080XXXX was not issued by the IRS until
13 April 23, 2020, and the purported IRS Form SS-4 assigning EIN 85-
14 080XXXX to Falcon Motors that defendant KANYIKE submitted to Bank C
15 was altered to show a false EIN issue date of April 23, 2018;
16 c. Defendant KANYIKE falsely represented that applicant
17 Falcon Motors with EIN 85-080XXXX had paid the substantial payroll
18 expenses shown in the purported IRS Form 940 annual tax return for
19 2019 and Form 941 tax return for the first quarter of 2020, which
20 defendant KANYIKE submitted to Bank C as proof of payroll expenses
21 paid by Falcon Motors, when, in fact, as defendant KANYIKE then knew,
22 Falcon Motors had not paid such payroll expenses, and these tax
23 return forms were fabricated and never filed with the IRS;
24 d. Defendant KANYIKE falsely certified that Falcon Motors
25 would not receive another loan under the PPP during 2020, when, in
26 fact, as defendant KANYIKE then knew and concealed from Bank C, at
27 the time of the Falcon Motors PPP Application to Bank C, defendant
28
7
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 30 of 50 Page ID #:284
1 KANYIKE had previously submitted an active PPP application for Falcon
2 Motors to another SBA-approved lender; and
3 e. Defendant KANYIKE falsely certified that the funds
4 sought in the Falcon Motors PPP Application would be used to retain
5 workers and maintain payroll or make mortgage-interest payments,
6 lease payments, and utility payments, when, in fact, as defendant
7 KANYIKE then knew, he intended to misapply and use the funds for
8 purposes unrelated to Falcon Motors, including sending a substantial
9 portion of the funds to Uganda.
10 17. In reliance on defendant KANYIKE’s material false and
11 fraudulent statements and his concealment of material facts, Bank C
12 approved and funded the Falcon Motors PPP Loan Application, and
13 thereafter transferred approximately $420,000 in loan proceeds by
14 interstate wire to the Falcon Motors Bank Account A.
15 18. In total, as a result of the false and fraudulent PPP loan
16 and EIDL applications that defendant KANYIKE submitted to Bank C, the
17 SBA, and other SBA-approved lenders, defendant KANYIKE fraudulently
18 obtained approximately $1,302,550 in PPP loans and EIDL proceeds,
19 which defendant KANYIKE caused to be deposited into the Falcon Motors
20 Bank A Account and defendant’s Bank B Account.
21 C. USE OF AN INTERSTATE WIRE
22 19. On or about May 8, 2020, in Los Angeles County, within the
23 Central District of California, and elsewhere, for the purpose of
24 executing the above-described scheme to defraud, defendant KANYIKE
25 caused others to transmit, by means of wire communications in
26 interstate commerce, approximately $420,000 from an account
27 maintained by Bank C in Salt Lake City, Utah, to the Falcon Motors
28 Bank A Account.
8
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 31 of 50 Page ID #:285
1
FORFEITURE ALLEGATION
2
[18 U.S.C. § 982]
3
1. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal
4
Procedure, notice is hereby given that the United States of America
5
will seek forfeiture as part of any sentence, pursuant to Title 18,
6
United States Code, Section 982(a)(2), and Title 28, United States
7
Code, Section 2461(c), in the event of the defendant KANYIKE’s
8
conviction of the offense set forth in this Information.
9
2. Defendant KANYIKE, if so convicted, shall forfeit to the
10
United States of America the following:
11
(a) All right, title, and interest in any and all property,
12
real or personal, constituting, or derived from, any proceeds
13
obtained, directly or indirectly, as a result of the offense
14
including, but not limited to, approximately $75,762.51 in funds
15
seized from a JPMorgan Chase Bank account in the name of Falcon
16
Motors, Inc.; and
17
(b) To the extent such property is not available for
18
forfeiture, a sum of money equal to the total value of the property
19
described in subparagraph (a).
20
3. Pursuant to Title 21, United States Code, Section 853(p),
21
as incorporated by Title 18, United States Code, Section 982(b) and
22
Title 28, United States Code, Section 2461(c), defendant KANYIKE, if
23
so convicted, shall forfeit substitute property, up to the total
24
value of the property described in the preceding paragraph if, as the
25
result of any act or omission of the defendant KANYIKE, the property
26
described in the preceding paragraph, or any portion thereof:
27
(a) cannot be located upon the exercise of due diligence; (b) has
28
9
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 32 of 50 Page ID #:286
1 been transferred, sold to, or deposited with a third party; (c) has
2 been placed beyond the jurisdiction of the court; (d) has been
3 substantially diminished in value; or (e) has been commingled with
4 other property that cannot be divided without difficulty.
5 TRACY WILKISON
Acting United States Attorney
6
DANIEL S. KAHN
7 Acting Chief, Fraud Section
United States Department of Justice
8
9
10 BRANDON D. FOX
Assistant United States Attorney
11 Chief, Criminal Division
12 RANEE A. KATZENSTEIN
Assistant United States Attorney
13 Chief, Major Frauds Section
14 RICHARD E. ROBINSON
Assistant United States Attorney
15 Major Frauds Section
16 WILLIAM E. JOHNSTON
Assistant Chief, Fraud Section
17 United States Department of Justice
18
19
20
21
22
23
24
25
26
27
28
10
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 33 of 50 Page ID #:287
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 34 of 50 Page ID #:288
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 35 of 50 Page ID #:289
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 36 of 50 Page ID #:290
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 37 of 50 Page ID #:291
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 38 of 50 Page ID #:292
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 39 of 50 Page ID #:293
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 40 of 50 Page ID #:294
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 41 of 50 Page ID #:295
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 42 of 50 Page ID #:296
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 43 of 50 Page ID #:297
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 44 of 50 Page ID #:298
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 45 of 50 Page ID #:299
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 46 of 50 Page ID #:300
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 47 of 50 Page ID #:301
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 48 of 50 Page ID #:302
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 49 of 50 Page ID #:303
Case 2:21-cr-00081-VAP Document 44 Filed 02/25/21 Page 50 of 50 Page ID #:304
1 CERTIFICATE OF SERVICE
2
I, Simonia White, declare:
3
That I am a citizen of the United States and a resident of or
4
5 employed in Los Angeles County, California; that my business address is
6 the Office of United States Attorney, 312 North Spring Street, Los
7 Angeles, California 90012; that I am over the age of 18; and that I am
8 not a party to the above-titled action;
9 That I am employed by the United States Attorney for the Central
10
District of California, who is a member of the Bar of the United States
11
District Court for the Central District of California, at whose
12
direction I served a copy of:
13
PLEA AGREEMENT FOR DEFENDANT HASSAN KANYIKE
14
܆Placed in a closed envelope ܆Placed in a sealed envelope
15 for collection and inter-office for collection and mailing via
delivery, addressed as follows: United States mail, addressed
16 as follows:
17
18 ܆By hand delivery, addressed as ܆By facsimile, as follows:
follows:
19
܈Via email, as follows: ܆By Federal Express, as
20 follows:
victor@victorsherman.law
21 lori@victorsherman.law
22 This Certificate is executed on February 24, 2021, at Los Angeles,
23 California. I certify under penalty of perjury that the foregoing is
24 true and correct.
25 Simonia White
Simonia White
26 Legal Assistant
27
28File and source
- File
- 44.pdf
- Size
- 12,267,016 bytes
- SHA-256
- 22cdfbbdc6993fcd3e36a3b1cb4f4f94c01dc9cd85b576c4a6e315fca7b8aa2d
- Our copy
- 44.pdf