Plea Agreement — United States v. Hawkins

Record facts

U.S. District Court, District of New Jersey (Camden) · No. 1:24-cr-00358-KMW · Doc. 5 · 2024-05-28 · Docket on CourtListener

Full text

Case 1:24-cr-00358-KMW Document5 - Filed 05/28/24 Page 1of11PagelD: 19

Case No. 24-cr-358-KMW

U.S. Department of Justice
United States Attorney
District of New Jersey

PHILIP R. SELLINGER 401 Market Street, Fourth Floor
United States Attorney Camden, New Jersey O8 101-2098
DANIEL A. FRIEDMAN Direct Dial. 886.968 4867

Assistunt United States Attaraey Email Danicl.friedman2@usdoj.gov

February 5, 2024

Shaka Johnson, Esq.

Law Office of Shaka Johnson, LLC
1333 Christian Street

Philadelphia, PA 19147

Re: Plea Agreement with Tommy Hawkins

Dear Mr. Johnson:

This letter sets forth the plea agreement between your client, Tommy Hawkins, and the
United States Attorney for the District of New Jersey (the “Office”). This offer will expire on
Friday, February 23, 2024, if it is not accepted in writing by that date. If Tommy Hawkins does
not accept this plea agreement, his sentencing exposure could increase beyond what is discussed
in this plea agreement as a result of this Office's investigation.

Charges

Conditioned on the understandings specified below, the Office will accept a guilty plea
from Tommy Hawkins to a one-count Information charging him with bank fraud conspiracy, in
violation of 18 U.S.C. § 1349, If Tommy Hawkins enters a guilty plea and is sentenced on this
charge, and otherwise fully complies with this agreement, this Office will not initiate any further
criminal charges against Tommy Hawkins for his role in conspiring to fraudulently obtain
Paycheck Protection Program (PPP) loans for the entities set forth in Schedule B, or for laundering
or spending the proceeds from these loans.

But if'a guilty plea in this matter is not entered for any reason ora guilty plea or judgment
of conviction entered in accordance with this agreement does not remain in full force and effect,
this Office may reinstate any dismissed charges and initiate any other charges agains! Tommy
Hawkins even if the applicable statute of limitations period for those charges expires after Tommy
Hawkins signs this agreement, and Tommy Hawkins agrees not to assert that any such charges are
time-barred.

Case 1:24-cr-00358-KMW Document5 - Filed 05/28/24 Page 2 of 11 PagelD: 20

Sentencing

The violation of 18 U.S.C. § 1349 (Bank Fraud Conspiracy) to which Tommy Hawkins
agrees to plead guilty carries a statutory maximum prison sentence of 30 years and a statutory
maximum fine equal to the greatest oft (1) $1,000,000; (2) twice the gross amount of any pecuniary
gain that any persons derived from the offense; or (3) twice the gross amount of any pecuniary
loss sustained by any victims of the offense. The prison sentence may run consecutively to any
prison sentence Tommy Hawkins is serving or is ordered to serve.

The sentence to be imposed upon Tommy Hawkins is within the sole discretion of the
sentencing judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C, §§ 3551-
3742, and the sentencing judge’s consideration of the United States Sentencing Guidelines. Those
Guidelines are advisory, not mandatory. The sentencing judge may impose any reasonable
sentence up to and including the statutory maximum term of imprisonment and the maximum
statutory fine. This Office cannot and does not make any representation or promise as to what
Guidelines range may be found by the sentencing judge, or as to what sentence Tommy Hawkins
ultimately will receive.

Tommy Hawkins specifically agrees that for purposes of sentencing, uncharged offenses
and/or dismissed counts will be treated as relevant conduct pursuant to U.S.S.G. § 1B1.3, to the
extent that the offenses are related to the count of conviction.

Further, in addition to imposing any other penalty on Tommy Hawkins, the sentencing
judge as part of the sentence:

(1) will order Tommy Hawkins to pay assessments of $100, pursuant to 18 U.S.C,
§ 3013, which assessment must be paid by the date of sentencing;

(2) roust order Tommy Hawkins to pay restitution pursuant to 18 U.S.C. § 3663 ef
Seq.

(3) may order Tommy Hawkins, pursuant to 18 U.S.C. § 3555, to give reasonable
notice and explanation of the conviction to any victims of his offense;

(4) must order forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461;

(5) pursuant to 18 U.S.C, § 3583, may require Tommy Hawkins to serve a term of
supervised release of not more than 5 years, which will begin at the expiration of
any term of imprisonment imposed. Should Tommy Hawkins be placed on a term
of supervised release and subsequently violate any of the conditions of supervised
release before the expiration of its term, Tommy Hawkins may be sentenced to
not more than three years’ imprisonment, in addition to any prison term
previously imposed, regardless of the statutory maximum term of imprisonment
set forth above and without credit for time previously served on post-release
supervision, and may be sentenced to an additional term of supervised release.

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Restitution

Pursuant to the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A, Tommy Hawkins
agrees to pay full restitution to the victims of the offenses of conviction or from the scheme,
conspiracy, or pattern of criminal activity underlying those offenses in an amount that fully
compensates the victims for the losses sustained as a result of those offenses. As part of his
restitution obligations, Tommy Hawkins agrees to make full restitution for all losses—including
the full loan amount and all advances, origination fees, processing fees, and accrued interest—
associated with the loans listed on Schedule B.

Forfeiture

As part of his acceptance of responsibility, Tommy Hawkins agrees to forfeit to the United
States, pursuant to 18 U.S.C. § 982(a)(2)(A), any property, real or personal, constituting, or derived
from, proceeds he obtained directly or indirectly as a result of the commission of the offenses
charged in the Information, Tommy Hawkins further agrees that one or more of the conditions set
forth in 21 U.S.C. § 853(p) exists; and that the United States is therefore entitled to forfeit substitute
assets equal to but not greater than the value of the proceeds obtained by the defendant (the “Money
Judgment”). The defendant consents to the entry of an order requiring the defendant to pay the
Money Judgment, in an amount to be agreed upon by the parties by the date of sentencing in this
case, in the manner described below (the “Order”), and that the Order will be final as to the
defendant prior to sentencing, pursuant to Rule 32,2(b)(4) of the Federal Rules of Criminal
Procedure, and which may be satisfied in whole or in part with substitute assets. Tommy Hawkins
further agrees that upon entry of the Order, the United States Attorney’s Office is authorized to
conduct any discovery needed to identify, locate, or dispose of property sufficient to pay the
Forfeiture Amount in full or in connection with any petitions filed with regard to proceeds or
substitute assets, including depositions, interrogatories, and requests for production of documents,
and the issuance of subpoenas, and Tommy Hawkins agrees to cooperate with this discovery.

All payments made in full or partial satisfaction of the Forfeiture Amount shall be made
by postal money order, bank, or certified check, made payable in this instance to the United States
Marshals Service, indicating Tommy Hawkins’s name and case number on the face of the check;
and shall be delivered by mail to the United States Attorney’s Office, District of New Jersey, Attn:
Asset Forfeiture and Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102.

Tommy Hawkins waives the requirements of Rules 32.2 and 43(a) of the Federal Rules of
Criminal Procedure regarding notice of the forfeiture in the charging instrument, announcement
of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. Tommy
Hawkins understands that criminal forfeiture is part of the sentence that may be imposed in this
case and waives any failure by the court to advise him of this pursuant to Rule 1 1(b)(IQ) of the
Federal Rules of Criminal Procedure at the guilty plea proceeding. Tommy Hawkins waives any
and all constitutional, statutory, and other challenges to the forfeiture on any and all grounds,
including that the forfeiture constitutes an excessive fine or punishment under the Eighth
Amendment. It is further understood that any forfeiture of Tommy Hawkins’s assets shall not be

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treated as satisfaction of any fine, restitution, cost of imprisonment, or any other penalty the Court
may impose upon him in addition to forfeiture.

Tommy Hawkins further agrees that not later than the date he enters plea of guilty he will
provide a complete and accurate Financial Disclosure Statement on the form provided by this
Office. If Tommy Hawkins fails to provide a complete and accurate Financial Disclosure
Statement by the date he enters his plea of guilty, or if this Office determines that Tommy Hawkins
has intentionally failed to disclose assets on his Financial Disclosure Statement, Tommy Hawkins
agrees that that failure constitutes a material breach of this agreement, and this Office reserves the
right, regardless of any agreement or stipulation that might otherwise apply, to oppose any
downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3B! .L, and to seek
leave of the Court to withdraw from this agreement or seek other relief.

Rights of The Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office reserves the right to take any
position with respect to the appropriate sentence to be imposed on Tommy Hawkins by the
sentencing judge. This Office may also correct any misstatements relating to the sentencing
proceedings and provide the sentencing judge and the United States Probation Office all law and
information relevant to sentencing, favorable or otherwise. And this Office may inform the
sentencing judge and the United States Probation Office of: (1) this agreement; and (2) the full
nature and extent of Tommy Hawkins’s activities and relevant conduct with respect to this case.

Stipulations

This Office and Tommy Hawkins will stipulate at sentencing to the statements set forth in
the attached Schedule A, which is part of this plea agreement. Both parties understand that the
sentencing judge and the United States Probation Office are not bound by those stipulations and
may make independent factual! findings and may reject any or all of the parties’ stipulations. Nor
do these stipulations restrict the parties’ rights to respond to questions from the Court and to correct
misinformation that has been provided to the Court.

This agreement to stipulate on the part of this Office is based on the information and
evidence that this Office possesses as of the date of this agreement. Thus, if this Office obtains or
receives additional evidence or information prior to sentencing that it believes materially conflicts
with a Schedule A stipulation, that stipulation shall no longer bind this Office. A determination
that a Schedule A stipulation is not binding shall not release the parties from any other portion of
this agreement, including any other Schedule A stipulation.

If the sentencing court rejects a Schedule A stipulation, both parties reserve the right to
argue on appeal or at post-sentencing proceedings that the sentencing court did so properly.
Finally, to the extent that the parties do not stipulate to a particular fact or legal conclusion in this
agreement, each reserves the right to argue how that fact or conclusion should affect the sentence.
Case 1:24-cr-00358-KMW Document5 - Filed 05/28/24 Page 5 of 11 PagelD: 23

Waiver of Appeal and Post-Sentencing Rights

As set forth in Schedule A and the paragraph below, this Office and Tommy Hawkins
waive certain rights to appeal, collaterally attack, or otherwise challenge the judgment of
conviction or sentence,

Immigration Consequences

Tommy Hawkins understands that, if Tommy Hawkins is not a citizen of the United States,
Tommy Hawkins’s guilty plea to the charged offense will likely result in Tommy Hawkins being
subject to immigration proceedings and removed from the United States by making Tommy
Hawkins deportable, excludable, or inadmissible, or ending Tommy Hawkins’s naturalization.
Tommy Hawkins understands that the immigration consequences of this plea will be imposed in a
separate proceeding before the immigration authorities. Tommy Hawkins wants and agrees to
plead guilty to the charged offense regardless of any immigration consequences of this plea, even
if this plea will cause Tommy Hawkins’s removal from the United States. Tommy Hawkins
understands that Tommy Hawkins is bound by this guilty plea regardless of any immigration
consequences. Accordingly, Tommy Hawkins waives any right to challenge the guilty plea,
sentence, or both based on any immigration consequences. Tommy Hawkins also agrees not to:
seek to withdraw this guilty plea, or to file a direct appeal, or any kind of collateral attack
challenging the guilty plea, conviction, or sentence, based on any immigration consequences of
the guilty plea or sentence,

Other Provisions

This agreement is limited to the United States Attorney’s Office for the District of New
Jersey and cannot bind other federal, state, or local authorities. If requested to do so, however,
this Office will bring this agreement to the attention of other prosecuting offices.

This agreement was reached without regard to any civil or administrative matters that may
be pending or commenced in the future against Tommy Hawkins. So this agreement does not
prohibit the United States, any agency thereof (including the Internal Revenue Service and
Immigration and Customs Enforcement) or any third party from initiating or prosecuting any civil
or administrative proceeding against him.

No provision of this agreement shall preclude Tommy Hawkins from pursuing in an
appropriate forum, when permitted by law, a claim that he received constitutionally ineffective
assistance of counsel,

No Other Promises

This agreement constitutes the entire plea agreement between Tommy Hawkins and this
Office and supersedes any previous agreements between them. No additional promises,
agreements, or conditions have been made or will be made unless set forth in writing and signed
by the parties,

Case 1:24-cr-00358-KMW Document5 Filed 05/28/24 Page 6 of 11 PagelD: 24

Very truly yours,

PHILIP R. SELLINGER
United States Attorney
District of New Jersey

Dbd boL

By: DANIEL A. FRIEDMAN
JASON M. RICHARDSON
Assistant United States Attorneys

APPROVED: ©

SARA A. ALIABADI
Deputy Attorney-In-Charge, Camden
Case 1:24-cr-00358-KMW Document 5 Filed 05/28/24 Page 7 of 11 PagelD: 25

| have received this letter from my attorney, Shaka Johnson, Esq. T have read it. My
attorney and | have reviewed and discussed it and all of its provisions, including those addressing
the charge, sentencing, stipulations (including the attached Schedule A and Schedule B), waiver,
forfeiture, restitution, and immigration consequences. { understand this letter fully and am
satisfied with my counsel’s explanations. | accept its terms and conditions and acknowledge that
it constitutes the plea agreement between the parties. [ understand that no additional promises,
agreements, or conditions have been made or will be made unless set forth in writing and signed
by the parties. | want to plead guilty pursuant to this plea agreement,

AGREED AND ACCEPTED:

< : Date: >] 0fpa2Vv

TOMNIY HAWKINS

| have reviewed and discussed with my client this plea agreement and all of its provisions,
including those addressing the charge, sentencing. stipulations (including the attached Schedule A
and Schedule B), waiver, forfeiture, restitution, and immigration consequences. My cent
understands this plea agreement fully and wants to plead guilty pursuant to it.

Aa Date: rf ofaarf

Shaka Jolson, Esq.
Counsel to Defendant Tommy Hawkins

Case 1:24-cr-00358-KMW Document5 Filed 05/28/24 Page 8 of 11 PagelD: 26

Plea Agreement with Tommy Hawkins
Schedule A

lL. The Office and Tommy Hawkins recognize that the United States Sentencing
Guidelines are not binding upon the Court. Each party nevertheless agrees to these stipulations,

2, The version of the Guidelines effective November 1, 2023, applies in this case.

3. The applicable guideline is USSG §2X1.1. Pursuant to USSG §2X1,1(a), the Base
Offense Level is the base offense level from the guideline for the substantive offense, plus any
adjustments from such guideline for any intended offense conduct that can be established with
reasonable certainty.

4. The applicable guideline is U.S.S.G. § 2B1.1. This guideline carries a Base Offense
Level of 7 because the statutory maximum prison sentence for the charged offense is 20 years or
more.

5. Specific Offense Characteristic U.S.S.G. § 2BI.1(b)(1)(J) applies because the total
loss amount is greater than $3,500,000 but less than $9,500,000. This Specific Offense
Characteristic results in an increase of 18 levels.

6. U.S.S.G. § 3B1.3 applies because Tommy Hawkins abused a position of public or
private trust in a manner that significantly facilitated the commission or concealment of the
offense. This results in an increase of 2 levels.

7. U.S.S.G. § 3B1.1(a) applies because Tommy Hawkins was an organizer or leader
of a criminal activity that in-volved five or more participants or was otherwise extensive. This
results in an increase of 4 levels.

8. As of the date of this letter, Tommy Hawkins has clearly demonstrated a
recognition and affirmative acceptance of personal responsibility for the offense charged.
Therefore, a downward adjustment of 2 levels for acceptance of responsibility is appropriate if
Tommy Hawkins’s acceptance of responsibility continues through the date of sentencing. See
U.S.S.G. § 3E1.1(a).

9. As of the date of this letter, Tommy Hawkins has assisted authorities in the
investigation or prosecution of his own misconduct by timely notifying authorities of his intention
to enter a plea of guilty, thereby permitting the Office to avoid preparing for trial and permitting
the Office and the court to allocate their resources efficiently. At sentencing, the Office will move
for a further |-point reduction in Tommy Hawkins’s offense level pursuant to U.S.S.G. § 3E1.1(b)
if the following conditions are met: (a) Tommy Hawkins enters a plea pursuant to this agreement,
(b) this Office, in its discretion, determines that Tommy Hawkins’s acceptance of responsibility
has continued through the date of sentencing and Tommy Hawkins therefore qualifies for a 2-point
reduction for acceptance of responsibility pursuant to U.S.S.G. § 3El.1(a), and (c) Tommy
Hawkins’s offense level under the Guidelines prior to the operation of § 3EI.1(a) is 16 or greater.

10. Accordingly, the parties agree that the total Guidelines offense level applicable to

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Case 1:24-cr-00358-KMW Document5 Filed 05/28/24 Page 9 of 11 PagelD: 27

Tominy Hawkins is 28 (the “Total Offense Level”).

11]. The parties agree not to advocate for any upward or downward adjustment or
departure from the Guidelines range resulting from (a) the Total Offense Level and (b) the criminal
history category that the sentencing judge applies under Chapter 4 of the Guidelines without any
departure or variance. But each party may seek a variance from that Guidelines range, which the
other party may oppose,

12, If the term of imprisonment-does not exceed 97 months, and except as specified in
the next paragraph below, Tommy Hawkins will not challenge or seek to reduce by any means any
component of the sentence imposed by the sentencing judge for any reason other than ineffective
assistance of counsel. The term “any means” includes a direct appeal under 18 U.S.C. § 3742 or
28 U.S.C. § 1291, a motion to vacate the sentence under 28 U.S.C, § 2255, a motion to reduce the
term of imprisonment under 18 U.S.C. § 3582(c)(1)(B) or (c)(2), a motion for early termination of
supervised release under 18 U.S.C. § 3583(e)(1), and any other appeal, motion, petition, or writ,
however captioned, that seeks to attack or modify any component of the sentence. Ifthe term of
imprisonment is at least 78 months, this Office will not challenge by appeal, motion, or writ any
component of the sentence imposed by the sentencing judge. The provisions of this paragraph
bind the parties even if the sentencing judge employs a Guidelines analysis different from the one
above,

13. Both parties reserve the right to file or to oppose any appeal, collateral attack, writ
or motion not barred by the preceding paragraph or any other provision of this plea agreement.
Moreover, the preceding paragraph does not apply to:

i. Any proceeding to revoke the term of supervised release;

ii. A motion for a reduction of the term of imprisonment under 18 U.S.C, §
3582(c)(1)(A); or

iii. An appeal from the denial of a § 3582(c)(1)(A) motion on the grounds that
the court erred in finding no extraordinary and compelling circumstances
warranting a reduced term of imprisonment or that the court failed to
consider those circumstances as a discretionary matter under the
applicable factors of 18 U.S.C. § 3553(a).

Case 1:24-cr-00358-KMW Document5- Filed 05/28/24 Page 10 of 11 PagelD: 28

Plea Agreement with Tommy Hawkins

Schedule B — Identified Lenders and Loans

‘Loan? | PPP/EIDL’| ‘Lender: | -Amiount
fo. a oo Funded
1596818602 PPP KeyBank $146,875.00
6461288505 PPP KeyBank $105,000.00
1525698605 PPP KeyBank $36,465.00
6229508603 PPP KeyBank $145,000.00
5274428608 PPP KeyBank $142,290.00
3469378607 PPP KeyBank $129,790.00
7290838601 PPP KeyBank $145,000.00
848149870} PPP KeyBank $145,000.00
5526678610 PPP KeyBank $143,000.00
8019068603 PPP KeyBank $122,000.00
6947478906 PPP KeyBank $145,833.00
3085908906 PPP KeyBank $147,000.00
6177688902 PPP KeyBank $145,000.00
9074878509 PPP KeyBank $135,415.00
3376038709 PPP KeyBank $125,000.00
1827308501 PPP KeyBank $140,000.00
9380578609 PPP KeyBank $140,000.00
4795598603 PPP KeyBank $145,833.00
4515608600 PPP KeyBank $135,415.00
4330548708 PPP KeyBank $145,000.00
4204178703 PPP KeyBank $145,000.00
6546858803 PPP KeyBank $145,000.00
5480598603 PPP KeyBank $141,665.00
7103088901 PPP KeyBank $147,000.00
4537298909 PPP KeyBank $149,790.00
4704678805 PPP KeyBank $93,902.00
7106658901 PPP KeyBank $148,000.00
4704198803 PPP KeyBank $100,140.00
6243338509 PPP KeyBank $146,000.00
6201438909 PPP KeyBank $93,750.00

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Case 1:24-cr-00358-KMW Document5 - Filed 05/28/24 Page 11of11 PagelD: 29

Loan-t | iedender © 1.) Amount, ‘"
ea oe pee [ee funded»
8827068906 PPP KeyBank $131,625.00
7633218802 PPP KeyBank $110,000.00
9792438805 PPP KeyBank $53,957.00
2622418707 PPP KeyBank $144,000.00
7051858806 PPP KeyBank $147,915.00
7194898902 PPP KeyBank $143,750.00
2797489007 PPP KeyBank $145,000.00
4383038608 PPP KeyBank $145,000.00

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