Plea Agreement — U.S. v. Jaworska

Record facts

U.S. District Court for the Eastern District of Virginia (Alexandria Division) · No. 1:20-cr-00180-CMH · Doc. 40 · 2020-09-03 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
FILED
IN OPEN COURT
SEP - 3 2020
CLERl^U.S. DISTRICT COUrsF
ALBWNDRIA. VIRGINIA
UNITED STATES OF AMERICA
V.
MONIKA MAGDALENA JAWORSKA,
Defendant.
No. / : ao- cr - 180
PLEA AGREEMENT
G. Zachaiy Terwilliger, United States Attorney for the Eastern District of Virginia;
undersigned counsel for the United States; the defendant, MONIKA MAGDALENA
JAWORSKA; and the defendant's counsel have entered into an agreement pursuant to Rule 11
of the Federal Rules of Criminal Procedure. The terms of this Plea Agreement are as follows:
1. 
Offense and Maximum Penalties
The defendant agrees to waive indictment and plead guilty to a single count Criminal
Information, charging the defendant with conspiracy to defraud various financial institutions and
conspiracy to defraud the United States in violation of 18 U.S.C. § 371. The maximum penalties
for this offense are: a maximum term of 5 years of imprisonment, a fine of $250,000, or not
more than the greater of twice the gross gain derived by any person from the offense or twice the
gross loss to a person other than the defendant resulting from the offense, full restitution,
forfeiture of assets as outlined below, a special assessment pursuant to 18 U.S.C § 3013, and a
maximum supervised release term of 3 years. The defendant understands that any supervised
release term is in addition to any prison term the defendant may receive, and that a violation of a
term of supervised release could result in the defendant being returned to prison for the full term
of supervised release.
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2. 
Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offense. The defendant admits the facts set forth in the Statement of Facts filed with this Plea
Agreement and agrees that those facts establish guilt of the offense charged beyond a reasonable
doubt. The Statement of Facts, which is hereby incorporated into this Plea Agreement,
constitutes a stipulation of facts for purposes of Section IB 1.2(c) of the Sentencing Guidelines.
3. 
Assistance and Advice of Counsel
The defendant is satisfied that the defendant's attorney has rendered effective assistance.
The defendant understands that by entering into this Plea Agreement, defendant surrenders
certain rights as provided in this agreement. The defendant understands that the rights of
criminal defendants include the following:
a. 
the right to plead not guilty and to persist in that plea;
b. 
the right to a jury trial;
c. 
the right to be represented by counsel—and, if necessary, have the court
appoint counsel—at trial and at every other stage of the proceedings; and
d. 
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.
4. 
Sentencing Guidelines, Recommendations, and Roles
The defendant understands that the Court has jurisdiction and authority to impose any
sentence within the statutory maximum described above, but that the Court will determine the
defendant s actual sentence in accordance with 18 U.S.C. § 3553(a). The defendant understands
that the Court has not yet determined a sentence and that any estimate of the advisory sentencing
range under the U.S. Sentencing Commission's Sentencing Guidelines Manual the defendant
may have received from the defendant's counsel, the United States, or the Probation Office, is a
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prediction, not a promise, and is not binding on the United States, the Probation Office, or the
Court. Additionally, pursuant to the Supreme Court's decision in United States v. Booker, 543
U.S. 220 (2005), the Court, after considering the factors set forth in 18 U.S.C. § 3553(a), may
impose a sentence above or below the advisory sentencing range, subject only to review by
higher courts for reasonableness. The United States makes no promise or representation
concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty
plea based upon the actual sentence.
Further, in accordance with Federal Rule of Criminal Procedure 11(c)(1)(B), the United
States and the defendant stipulate and will recommend to the Court that the following provisions
of the Sentencing Guidelines apply:
Guideline(s)
Description
Offense Level
231.1 (a)(2)
Base offense level (Offenses Involving Fraud)
6
2B1.1(b)(1)(H)
Loss More than $550,000
14
The United States and the defendant further agree that the defendant has assisted the
government in the investigation and prosecution of the defendant's own misconduct by timely
notifying authorities of the defendant's intention to enter a plea of guilty, thereby permitting the
government to avoid preparing for trial and permitting the government and the Court to allocate
their resources efficiently. If the defendant qualifies for a two-level decrease in offense level
pursuant to U.S.S.G. § 3El.l(a) and the offense level prior to the operation of that section is a
level 16 or greater, the government agrees to file, pursuant to U.S.S.G. § 3El.l(b), a motion prior
to, or at the time of, sentencing for an additional one-level decrease in the defendant's offense
level.
The United States and the defendant have not agreed on any further sentencing issues,
whether related to the Sentencing Guidelines, including additional enhancements, or the factors
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listed in 18 U.S.C. § 3553(a), other than those set forth above or elsewhere in this Plea
Agreement. Any stipulation on a Guidelines provision does not limit the parties' arguments as to
any other Guidelines provisions or sentencing factors under Section 3553(a), including
arguments for a sentence within or outside the advisory Guidelines range found by the Court at
sentencing.
5. 
Waiver of Appeal, FOIA, and Privacy Act Rights
The defendant also understands that 18 U.S.C. § 3742 affords a defendant the right to
appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal
the conviction and any sentence within the statutory maximum described above (or the manner in
which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any
ground whatsoever other than an ineffective assistance of counsel claim that is cognizable on
direct appeal, in exchange for the concessions made by the United States in this Plea Agreement.
This agreement does not affect the rights or obligations of the United States as set forth in 18
U.S.C. § 3742(b). The defendant also hereby waives all rights, whether asserted directly or by a
representative, to request or receive from any department or agency of the United States any
records pertaining to the investigation or prosecution of this case, including without limitation
any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the
Privacy Act, 5 U.S.C. § 552a.
6. 
Immunity from Further Prosecution in This District
The United States will not further criminally prosecute the defendant in the Eastern
District of Virginia for the specific conduct described in the Information or Statement of Facts.
This Plea Agreement and Statement of Facts does not confer on the defendant any immunity
from prosecution by any state government in the United States.
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7. 
Payment of Monetary Penalties
The defendant understands and agrees that, pursuant to 18 U.S.C. § 3613 and 18 U.S.C.
§ 3572, all monetary penalties imposed by the Court, including restitution, will be due
immediately and subject to immediate enforcement by the United States as provided for in
Section 3613. Within 14 days of a request, the defendant agrees to provide all of the defendant's
financial information to the United States and the Probation Office and, if requested, to
participate in a pre-sentencing debtor's examination and/or complete a financial statement under
penalty of perjury. If the Court imposes a schedule of payments, the defendant understands that
the schedule of payments is merely a minimum schedule of payments and not the only method,
nor a limitation on the methods, available to the United States to enforce the judgment. Until all
monetary penalties are paid in full, the defendant will be referred to the Treasury Offset Program
so that any federal payment or transfer of returned property to the defendant will be offset and
applied to pay the defendant's unpaid monetary penalties. If the defendant is incarcerated, the
defendant agrees to participate voluntarily in the Bureau of Prisons' Inmate Financial
Responsibility Program, regardless of whether the Court specifically directs participation or
imposes a schedule of payments. Defendant agrees to make good-faith efforts toward payment
of all monetary penalties imposed by the Court.
8. 
Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special
assessment of $100 per felony count of conviction, pursuant to 18 U.S.C. § 3013(a)(2)(A).
9. 
Restitution
The defendant agrees that restitution is mandatory pursuant to 18 U.S.C. § 3663A(c)(l),
and the defendant agrees to the entry of a Restitution Order for the full amount of the victims'
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losses as determined by the Court. Pursuant to 18 U.S.C. § 3663A(c)(2), the defendant further
agrees that an offense listed in Section 3663A(c)(l) gave rise to this Plea Agreement and, as
such, victims of the conduct described in the charging instrument. Statement of Facts, or any
related or similar conduct shall be entitled to restitution. Without limiting the amount of
restitution that the Court must impose, the parties agree that, at a minimum, the victims are
entitled to at least $1,448,500 in restitution. The total loss and restitution amounts will be
determined by the court at sentencing.
The defendant understands that forfeiture and restitution are separate and distinct
financial obligations that must be imposed upon a criminal defendant. The defendant further
understands that restitution will be enforced pursuant to 18 U.S.C. § 3572, 18 U.S.C. § 3613, and
18 U.S.C. § 3664(m).
The parties acknowledge that determination of the identities, addresses, and loss amounts
for all victims in this matter is a complicated and time-consuming process. To that end,
defendant agrees that, pursuant to 18 U.S.C. § 3664(d)(5), the Court may defer the imposition of
restitution until after the sentencing; however, defendant specifically waives the 90-day
provision found at Section 3664(d)(5) and consents to the entry of any orders pertaining to
restitution after sentencing without limitation.
10. 
Forfeiture Agreement
The defendant understands that the forfeiture of assets is part of the sentence that must be
imposed in this case. The defendant agrees to forfeit all interests in any fraud-related asset that
the defendant owns or over which the defendant exercises control, directly or indirectly. This
includes any property that is traceable to, derived from, fungible with, or a substitute for the
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following: property that constitutes the proceeds of the offense. The defendant agrees that the
assets subject to forfeiture include, but are not limited to, the following specific property:
a. 
$30,000 Seized from bags at John F. Kennedy Airport
b. 
$ 
182,136 currently held in Visla Capital LLC, account ending in 6075 at
United Bank.
c. 
$255,851 currently held in the Washington Capital Group, LLC, account
ending in 3990 at Capital One bank.
d. 
$8,000 currently held in the Global Capital Financing, LLC, account
ending in 3777 at M&T Bank.
e. 
A monetary judgment in an amount equivalent to the defendant's
restitution obligation in this case.
The defendant understands that if the assets subject to forfeiture are not available to the
United States to be forfeited, the Court must enter a forfeiture money judgment in the amount of
the unavailable assets. United States v. Blackman, 746 F.3d 137 (4th Cir. 2014).
The defendant further agrees to waive all interest in the asset(s) in any administrative or
judicial forfeiture proceeding, whether criminal or civil, state or federal. The defendant agrees to
consent to the entry of orders of forfeiture for such property and waives the requirements of
Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the
charging instrument, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. Defendant admits and agrees that the conduct described in the
charging instrument and Statement of Facts provides a sufficient factual and statutory basis for
the forfeiture of the property sought by the government.
In addition, if restitution is ordered as part of the sentence and in the event the defendant
submits a financial affidavit to the U.S. Attorney's Office and the U.S. Attorney's Office
determines in its sole discretion that the defendant meets the criteria for restoration under the
restoration policy of the Money Laundering and Asset Recovery Section ("MLARS") of the U.S.
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Department of Justice, including an inability to pay both restitution and forfeiture, the U.S.
Attorney's Office will submit a restoration request to MLARS that any amount obtained through
forfeiture to be applied towards any restitution ordered. If, however, the U.S. Attorney's Office
determines in its sole discretion that the defendant does not meet those criteria, the U.S.
Attorney's Office shall be under no obligation to make any such request. The defendant further
understands that MLARS, which is not bound by this agreement, retains ultimate discretion
regarding whether to grant or deny any restoration request. Moreover, the defendant
acknowledges that a defendant has no right to an offset against restitution for any property
forfeited. United States v. Blackman, 746 F.3d 137 (4th Cir. 2014), and agrees not to challenge
any decision made by the U.S. Attorney's Office or MLARS with respect to any decision with
respect to any restoration recommendation. The defendant also agrees not to request that the
Court reduce or otherwise offset any forfeiture order entered by the amount of restitution ordered
or any restitution order entered by the amount of any forfeiture ordered.
11. 
Waiver of Further Review of Forfeiture
The defendant further agrees to waive all constitutional and statutory challenges to
forfeiture in any manner (including direct appeal, habeas corpus, or any other means) to any
forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the
forfeiture constitutes an excessive fine or punishment. The defendant also waives any failure by
the Court to advise the defendant of any applicable forfeiture at the time the guilty plea is
accepted as required by Rule 1 l(b)(l)(J). The defendant agrees to take all steps as requested by
the United States to pass clear title to forfeitable assets to the United States, and to testify
truthfully in any judicial forfeiture proceeding. The defendant understands and agrees that all
property covered by this agreement is subject to forfeiture as proceeds of the fraud.
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12. 
The Defendant's Obligations Regarding Assets Subject to Forfeiture
Upon request by the government, the defendant agrees to identify all assets in which the
defendant had any interest or over which the defendant exercises or exercised control, directly or
indirectly, within the past 4 months from the date of the defendant's signature on this Plea
Agreement. The defendant agrees to take all steps as requested by the United States to obtain
from any other parties by any lawful means any records of assets owned at any time by the
defendant. The defendant agrees to undergo any polygraph examination the United States may
choose to administer concerning such assets and to provide and/or consent to the release of the
defendant's tax returns for the previous five years. The defendant understands that the proceeds
of the offense(s) are subject to forfeiture and cannot be used for any purpose, to include
attorney's fees and living expenses.
13. 
Impact of Guilty Plea on Immigration or Citizenship Status
The defendant recognizes that pleading guilty may have consequences for defendant's
immigration status, if defendant is not a citizen of the United States, or for defendant's
citizenship status, if defendant is a naturalized citizen. Under federal law, a broad range of
crimes are removable offenses, including offenses that qualify as aggravated felonies, crimes
involving moral turpitude, and conduct involving controlled substances and firearms, among
many other categories of criminal activity. Likewise, if defendant is a naturalized citizen,
defendant acknowledges that certain convictions, which may include defendant's conviction,
may expose defendant to denaturalization under federal law. Because removal, denaturalization,
and other immigration consequences are the subjects of a separate proceeding, defendant
understands that no one, including defendant's attorney, the U.S. Attorney's Office, or the U.S.
District Court, can predict to a certainty the effect of defendant's conviction on defendant's
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immigration or citizenship status. Defendant nevertheless affirms that defendant knowingly and
voluntarily agrees to plead guilty regardless of any present or future immigration consequences
that defendant's plea may entail, even if the consequence is defendant's automatic removal from
the United States or denaturalization followed by automatic removal from the United States.
14. 
Breach of the Plea Agreement and Remedies
This Plea Agreement is effective when signed by the defendant, the defendant's attorney,
and an attorney for the United States. The defendant agrees to entry of this Plea Agreement at
the date and time scheduled with the Court by the United States (in consultation with the
defendant's attorney). If the defendant withdraws from this agreement, or commits or attempts
to commit any additional federal, state, or local crimes, or intentionally gives materially false,
incomplete, or misleading testimony or information, or otherwise violates any provision of this
agreement, then:
a. 
The United States will be released from its obligations under this
agreement. The defendant, however, may not withdraw the guilty plea
entered pursuant to this agreement.
b. 
The defendant will be subject to prosecution for any federal criminal
violation, including, but not limited to, perjury and obstruction of justice,
that is not time-barred by the applicable statute of limitations on the date
this agreement is signed. Notwithstanding the subsequent expiration of
the statute of limitations, in any such prosecution, the defendant agrees to
waive any statute-of-limitations defense.
c. 
Any prosecution, including the prosecution that is the subject of this
agreement, may be premised upon any information provided, or
statements made, by the defendant, and all such information, statements,
and leads derived therefrom may be used against the defendant. The
defendant waives any right to claim that statements made before or after
the date of this agreement, including the Statement of Facts accompanying
this agreement or adopted by the defendant and any other statements made
pursuant to this or any other agreement with the United States, should be
excluded or suppressed under Fed. R. Evid. 410, Fed. R. Grim. P. 11(f),
the Sentencing Guidelines, or any other provision of the Constitution or
federal law.
10
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Any alleged breach of this agreement by either party shall be determined by the Court in
an appropriate proceeding at which the defendant's disclosures and documentary evidence shall
be admissible and at which the moving party shall be required to establish a breach of this Plea
Agreement by a preponderance of the evidence.
15. 
Nature of the Agreement and Modifications
This written agreement constitutes the complete plea agreement between the United
States, the defendant, and the defendant's coimsel. The defendant and the defendant's attorney
acknowledge that no threats, promises, or representations have been made, nor agreements
reached, other than those set forth in writing in this Plea Agreement or any associated documents
filed with the Court, to cause the defendant to plead guilty. Any modification of this Plea
Agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement
signed by all parties.
G. Zachary Terwilliger
United States Attorney
By:
Kimberly Shartar
Assistant United States Attorney
By* tiJr 
/v
William Fitzpatrick
Assistant United States Attomev
11
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Defendant's Signature: I hereby agree that I have consulted with my attorney and fully
understand all rights with respect to the pending criminal Information. Further, I fully
imderstand all rights with respect to 18 U.S.C. § 3553 and the provisions of the Sentencing
Guidelines Manual that may apply in my case. I have read this Plea Agreement and carefully
reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to
it.
Date:.
MONIKA MAGDA^LENA JAWORSKA
Defense Counsel's Signature: I am counsel for the defendant in this case. I have fully
explained to the defendant the defendant's rights with respect to the pending Information.
Further, I have reviewed 18 U.S.C. § 3553 and the Sentencing Guidelines Manual, and I have
fully explained to the defendant the provisions that may apply in this case. I have carefully
reviewed every part of this Plea Agreement with the defendant. To my knowledge, the
defendant's decision to enter into this agreement is fin informed and voluntary one.
Date:
than Simms
sel for the Defendant
12
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