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Plea Agreement — United States v. Levons (Dkt. 43, M.D. Pa.)

Summary

In this plea agreement, filed 06/02/22 as Document 43 in United States of America v. Julian J. Levons, Case 3:21-cr-00340-MEM (Middle District of Pennsylvania), Levons agrees to plead guilty to Count 2 of the Indictment, wire fraud under 18 U.S.C. § 1343 (maximum 20 years in prison and a $250,000 fine), and Count 8, unlawful monetary transactions under 18 U.S.C. § 1957 (maximum 10 years). The combined maximum is 30 years in prison and fines totaling $500,000; the United States will move to dismiss the remaining counts after sentencing. Levons agrees to full restitution of $89,993 and to forfeit assets listed in the Indictment, including approximately $60,106.99 seized from a Navy Federal Credit Union account and approximately $149,900 seized from a USAA Federal Savings Bank account on or about March 17, 2020.

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 June 2, 2022 in Julian J. Levons; one of 3 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Pennsylvania
Filed2022-06-02

Cite this document

“Plea Agreement — United States v. Levons (Dkt. 43, M.D. Pa.).” U.S. District Court for the Middle District of Pennsylvania, No. 3:21-cr-00340, Doc. 43, filed 2022-06-02. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-julian-j-levons/2022-06-02-plea-agreement-dkt-43/, SHA-256 8409f04a79b0854fdd924724b294eb0387a66d6744cc1f71280a1b3a430e2ef9.

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Full text

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 1 of 38




                      UNITED STATES DISTRICT COURT
                     MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA                    No.

                V.


JULIAN J. LEVONS,                           (electronically filed)
                            Defendant

                              PLEA AGREEMENT

         The following Plea Agreement is entered by the United States

Attorney for the Middle District of Pennsylvania and the above-

captioned defendant. Any reference to the United States or to the

Government in this Agreement shall mean the Office of the United

States Attorney for the Middle District of Pennsylvania.

A. Violation(s), Penalties, and Dismissal of Other Counts

    1.     Guilty plea. The defendant agrees to plead guilty to:

           a.   Count 2 of the Indictment, which charges the defendant

                with a violation of Title 18, United States Code, § 1343, wire

                fraud. The maximum penalty for that offense is

                imprisonment for a period of 20 years, a fine of $250,000, a

                maximum term of supervised release of three years, which

                shall be served at the conclusion of, and in addition to, any

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 2 of 38




       term of imprisonment, as well as the costs of prosecution,

       imprisonment, probation, or supervised release ordered,

       denial of certain federal benefits, and an assessment in the

       amount of $100.

  b.   Count 8 of the Indictment, which charges the defendant

       with a violation of Title 18, United States Code, § 1957,

       unlawful monetary transactions. The maximum penalty for

       that offense is imprisonment for a period of 10 years, a fine

       of $250,000 or twice the amount of the criminally derived

       property, a maximum term of supervised release of three

       years, which shall be served at the conclusion of, and in

       addition to, any term of imprisonment, as well as the costs

       of prosecution, imprisonment, probation, or supervised

       release ordered, denial of certain federal benefits, and an

       assessment in the amount of $100.

 At the time the guilty plea is entered, the defendant shall admit

 to the Court that the defendant is, in fact, guilty of the offenses

 charged in each count. After sentencing, the United States will
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   move for dismissal of any remaining counts of the Indictment.

   The defendant agrees, however, that the United States may, at

   its sole election, reinstate any dismissed charges, or seek

   additional charges, in the event that any guilty plea entered or

   sentence imposed pursuant to this Agreement is subsequently

   vacated, set aside, or invalidated by any court. The defendant

   further agrees to waive any defenses to reinstatement of any

   charges, or to the filing of additional charges, based upon

   laches, the assertion of speedy trial rights , any applicable

   statute of limitations, or any other ground. The calculation of

   time under the Speedy Trial Act for when trial must commence

   is tolled as of the date of the defendant's signing of this

   Agreement, until either (a) the defendant pleads guilty; or (b) a

   new date is set by the Court for commencement of trial.

2. Venue Waiver. The defendant agrees to knowingly waive the

   right to challenge venue over the charged offense in the United

   States District Court for the Middle District of Pennsylvania.



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3.     Term of Supervised Release. The defendant understands that

      the Court may impose a term of supervised release following

       any sentence of imprisonment exceeding one year, or when

      required by statute . The Court may require a term of

      supervised release in any other case. In addition, the defendant

      understands that as a condition of any term of supervised

      release or probation, the Court must order that the defendant

      cooperate in the collection of a DNA sample if the collection of a

      sample is so authorized by law.

4.    Maximum Sentence - Multiple Counts. The defendant

      understands that the total, maximum possible sentence for all

      charges is the combination of penalties described above; that is,

      30 years in prison and fines totaling $500,000, three years of

      supervised release, the costs of prosecution, denial of certain

      federal benefits and an assessment totaling $200.

5.    No Further Prosecution, Except Tax Charges. The United

      States Attorney's Office for the Middle District of Pennsylvania

      agrees that it will not bring any other criminal charges against
                                   4

        Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 5 of 38




          the defendant directly arising out of the defendant's

          involvement in the offense described above. However, nothing

          in this Agreement will limit prosecution for criminal tax

          charges, if any, arising out of those offenses.

B. Fines and Assessments

   6.     Fine. The defendant understands that the Court may impose a

         fine pursuant to the Sentencing Reform Act of 1984. The willful

         failure to pay any fine imposed by the Court, in full, may be

          considered a breach of this Plea Agreement. Further, the

          defendant acknowledges that willful failure to pay the fine may

         subject the defendant to additional criminal violations and civil

         penalties pursuant to Title 18, United States Code,§ 3611, et

         seq.

   7. Alternative Fine. The defendant understands that under the

         alternative fine section of Title 18, United States Code, § 3571,

         the maximum fine quoted above may be increased if the Court

         finds that any person derived pecuniary gain or suffered

         pecuniary loss from the offense and that the maximum fine to
                                       5

     Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 6 of 38




       be imposed, if the Court elects to proceed in this fashion, could

       be twice the amount of the gross gain or twice the amount of the

       gross loss resulting from the offense.

8.     Inmate Financial Responsibility Program. If the Court orders a

       fine or restitution as part of the defendant's sentence, and the

       sentence includes a term of imprisonment, the defendant agrees

       to voluntarily enter the United States Bureau of Prisons-

       administered program known as the Inmate Financial

       Responsibility Program, through which the Bureau of Prisons

       will collect up to 50% of the defendant's prison salary, and up to

       50% of the balance of the defendant's inmate account, and apply

       that amount on the defendant's behalf to the payment of the

       outstanding fine and restitution orders.

9.     Special Assessment. The defendant understands that the Court

       will impose a special assessment of $200, pursuant to the

       provisions of Title 18, United States Code, § 3013. No later

      than the date of sentencing, the defendant or defendant's

      counsel shall mail a check in payment of the special assessment
                                    6

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    directly to the Clerk, United States District Court, Middle

    District of Pennsylvania. If the defendant intentionally fails to

    make this payment, that failure may be treated as a breach of

   this Plea Agreement and may result in further prosecution, the

   filing of additional criminal charges, or a contempt citation.

10. Collection of Financial Obligations. In order to facilitate the

   collection of financial obligations imposed in connection with

   this case, the defendant consents and agrees:

   a.   to fully disclose all assets in which the defendant has an

        interest or over which the defendant has control, directly or

        indirectly, including those held by a spouse, nominee, or

        other third party;

   b.   to submit to interviews by the Government regarding the

        defendant's financial status;

   c.   to submit a complete, accurate, and truthful financial

        statement, on the form provided by the Government, to the

        United States Attorney's Office no later than 14 days

        following entry of the guilty plea;
                                 7

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       d.   whether represented by counsel or not, to consent to contact

            by and communication with the Government, and to waive

            any prohibition against communication with a represented

            party by the Government regarding the defendant's

            financial status;

       e.   to authorize the Government to obtain the defendant's

            credit reports in order to evaluate the defendant's ability to

            satisfy any financial obligations imposed by the Court; and

       f.   to submit any financial information requested by the

            Probation Office as directed, and to the sharing of financial

            information between the Government and the Probation

            Office.

C. Sentencing Guidelines Calculation

   11. Determination of Sentencing Guidelines. The defendant and

       counsel for both parties agree that the United States Sentencing

       Commission Guidelines, which took effect on November 1, 1987,

       and its amendments (the "Sentencing Guidelines"), will apply to

       the offense or offenses to which the defendant is pleading guilty.
                                    8

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   The defendant understands that the Sentencing Guidelines are

    advisory and not binding on the Court. The defendant further

    agrees that any legal and factual issues relating to the

   application of the Sentencing Guidelines to the defendant's

   conduct, including facts to support any specific offense

   characteristic or other enhancement or adjustment and the

   appropriate sentence within the statutory maximums provided

   for by law, will be determined by the Court after briefing, a pre-

   sentence hearing, or a sentencing hearing.

12. Acceptance of Responsibility- Two Levels. The parties defer to

   the Court on whether the defendant has adequately

   demonstrated an affirmative acceptance of responsibility to the

   Government as required by the Sentencing Guidelines. The

   defendant understands that Government will not recommend

   that the defendant receive a third level reduction under

   U.S.S.G. § 3El.1. The failure of the Court to find that the

   defendant is entitled to a reduction shall not be a basis to void

   this Agreement.
                                9

    Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 10 of 38




D. Sentencing Recommendation

   13. Appropriate Sentence Recommendation. At the time of

      sentencing, the United States may make a recommendation

      that it considers appropriate based upon the nature and

      circumstances of the case and the defendant's participation in

      the offense, and specifically reserves the right to recommend a

      sentence up to and including the maximum sentence of

      imprisonment and fine allowable , together with the cost of

      prosecution.

   14. Special Conditions of Probation/Supervised Release. If

      probation or a term of supervised release is ordered, the United

      States may recommend that the Court impose one or more

      special conditions, including but not limited to the following:

      a.   The defendant be prohibited from possessing a firearm or

           other dangerous weapon.

      b.   The defendant make restitution, if applicable, the payment

           of which shall be in accordance with a schedule to be

           determined by the Court.
                                   10

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  c.   The defendant pay any fine imposed in accordance with a

       schedule to be determined by the Court.

  d. The defendant be prohibited from incurring new credit

       charges or opening additional lines of credit without

       approval of the Probation Office unless the defendant is in

       compliance with the payment schedule.

  e.   The defendant be directed to provide the Probation Office

       and the United States Attorney access to any requested

       financial information.

  f.   The defendant be confined in a community treatment

       center, halfway house, or similar facility.

  g.   The defendant be placed under home confinement.

  h. The defendant be ordered to perform community service.

  1.   The defendant be restricted from working in certain types of

       occupations or with certain individuals, if the Government

       deems such restrictions to be appropriate.




                                11

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       J.   The defendant be directed to attend substance abuse

            counseling, which may include testing to determine whether

            the defendant is using drugs or alcohol.

       k. The defendant be directed to attend psychiatric or

            psychological counseling and treatment in a program

            approved by the Probation Officer.

       1.   The defendant be denied certain federal benefits including

            contracts, grants, loans, fellowships and licenses.

       m . The defendant be directed to pay any state or federal taxes

            and file any and all state and federal tax returns as

            required by law.

E. Forfeiture of Assets

   15. Forfeiture. The present Indictment seeks forfeiture of the

       defendant's interests in certain assets. In the event the United

       States seeks to forfeit those assets through a civil proceeding,

       the defendant understands that dismissal of the criminal

       forfeiture allegation in no way limits the United States from

       proceeding civilly against any assets owned or held by the
                                    12

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 13 of 38




  defendant or any other party. Defendant agrees to settle any

  civil and criminal forfeiture matters arising out of the offense of

  conviction and its relevant conduct. The defendant agrees that

  the defendant's property constitutes proceeds of, is derived from

  proceeds traceable to, or was used in any manner or part to

  commit or facilitate the commission of the offense of conviction

  and its relevant conduct. Defendant further agrees to the

  following:

  a.   Forfeiture of all properties and any interest in properties,

       real and personal, listed in the Forfeiture Allegation of the

       Indictment, including:

       1.   Approximately $60,106.99 seized from Navy Federal

            Credit Union account number 1113167702, on or about

            March 17, 2020; and

       n. Approximately $149,900 seized from USAA Federal

            Savings Bank account number 165498889, on or about

            March 17, 2020.



                                13

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  b.   Immediate entry of the preliminary order of forfeiture or the

       filing of a civil complaint by the United States, pursuant to

       Title 18, United States Code, § 981 ;

  c.   Waiver of the right to personal service of all process and

       naming of Bernard Brown, Esq. as agent for service of all

       process;

  d.   Waiver of the right to appear and contest any portion of the

       forfeiture proceedings, including but not limited to, any

       motion or proceeding for substitute assets;

  e.   The filing and entry of a consent decree of forfeiture;

  f.   Disclosure, no later than upon signing this Agreement, of all

       persons and entities holding an equitable or legal interest in

       the property, real or personal, subject to forfeiture pursuant

       to this Agreement;

  g.   Concurrence in any motion necessary to be filed and signing

       any documents necessary to effectuate forfeiture ;




                               14

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  h.   Payment of costs associated with the seizure, storage, and

       maintenance of any asset being returned to the defendant

       as a result of this Agreement;

  1.   In the event any assets are being returned to the defendant,

       such return does not amount to having "substantially

       prevailed" in the pursuit of any claim, and to make no claim

       against the United States or any of its agencies or

       employees, including claims for attorney's fees and costs of

       litigation;

  J.   Waiver of any double jeopardy challenges the defendant

       may have to any administrative or civil forfeiture actions,

       pending or completed, arising out of the course of conduct

       forming the basis for the forfeitures; and

  k. Waiver of all constitutional, legal, and equitable claims

       arising out of and defenses to the forfeiture of this property

       in any proceeding, including any claim of innocent

       ownership and any claim or defense under the Eighth

       Amendment, including any claim of excessive fine.
                               15

 Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 16 of 38




16. Disclosure of Assets. This Agreement is entered by the United

    States on the basis of the express representation that the

    defendant is making full and complete disclosure of all assets

    over which the defendant exercises control. The defendant

    agrees to submit to a polygraph examination by an examiner

    selected by the Government to verify the defendant's complete

    and candid compliance with this provision of the Agreement.

   The defendant also understands that a failure to make a full

   disclosure or lack of candor revealed by a polygraph

   examination would constitute a breach of this Agreement,

   subjecting the defendant to the sanctions set forth in this

   Agreement. Conditioned upon such full disclosure, the United

   States agrees not to seek the seizure/forfeiture of any of the

   defendant's assets other than those set forth in this Agreement.

17. No Further Forfeiture. As the result of the forfeitures set forth

   above , the United States agrees not to seek forfeiture of any

   other asset known to the United States by defendant's

   disclosure to belong to the defendant or the defendant's family.
                                16

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   This Agreement does not prevent the IRS from the collection of

   taxes or the seizure of assets to satisfy those taxes.

18. Forfeiture of Interests/Passage of Clear Title/Destruction Order.

   By this Agreement, the defendant agrees to forfeit all interests

   in the assets set forth above and to take whatever steps are

   necessary to pass clear title of those assets to the United States.

   These steps include but are not limited to surrender of title;

   signing of a consent decree; stipulating to facts regarding the

   transfer and basis for the forfeitures; and concurrence in any

   motion and signing any document necessary to effectuate such

   transfers.

19. Destruction Order/Waivers. The defendant further agrees,

   should the United States deem it appropriate, to the destruction

   of the items seized during the course of the investigation. The

   defendant agrees that the items may be destroyed by the

   investigative agency with or without a court order authorizing

   the destruction of the items seized. If the United States

   determines that a destruction order should be obtained, the
                               17

     Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 18 of 38




       defendant and defendant's counsel hereby concur in a motion for

       such an order. The defendant further agrees to waive all

       interest in the assets in any administrative or judicial forfeiture

       proceeding, whether criminal or civil, state or federal. The

       defendant consents and waives all rights to compliance by the

       United States with any applicable deadlines under 18 U.S.C. §

       983(a). Any related administrative claim filed by the defendant

       is hereby withdrawn. 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 forfeiture in the judgment.

F. Victims' Rights and Restitution

   20. Victims' Rights. The defendant understands that pursuant to

       the Victim and Witness Protection Act, the Crime Victims'

       Rights Act, the Justice for All Act, and the regulations



                                    18

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 19 of 38




  promulgated under those Acts by the Attorney General of the

  United States, crime victims have the following rights:

  a . The right to be reasonably protected from the accused;

  b. The right to reasonable , accurate, and timely notice of any

       public court proceeding or any parole proceeding involving

       the crime, or of any release or escape of the accused;

  c.   The right not to be excluded from any such public court

       proceeding, unless the Court, after receiving clear and

       convincing evidence , determines that testimony by the

       victim would be altered materially if the victim heard other

       testimony at that proceeding;

  d.   The right to be reasonably heard at any public hearing in

       the Court involving release , plea, sentencing, or any parole

       proceeding. The defendant understands that the victims'

       comments and recommendations at any of these proceedings

       may be different than those of the parties to this

       Agreement;



                               19

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   e.   The reasonable right to confer with the attorney for the

        Government in the case. The defendant understands that

        the victims' opinions and recommendations given to the

        attorney for the Government may be different than those

        presented by the United States as a consequence of this

        Agreement;

  f.    The right to full and timely restitution as provided for by

        law. The attorney for the Government is required to "fully

        advocate the rights of victims on the issue of restitution

        unless such advocacy would unduly prolong or complicate

        the sentencing proceeding," and the Court is authorized to

        order restitution by the defendant including, but not limited

        to, restitution for property loss, economic loss, personal

        injury, or death;

  g.    The right to proceedings free from unreasonable delay; and

  h. The right to be treated with fairness and with respect for

        the victim's dignity and privacy.



                                20

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 21 of 38




21. Restitution. The defendant acknowledges that, pursuant to the

   Mandatory Restitution Act of April 24, 1996, Title 18, United

   States Code, § 3663A, the Court is required in all instances to

   order full restitution to all victims for the losses those victims

   have suffered as a result of the defendant's conduct. The

   defendant also agrees that the Government will seek and the

   Court may impose an order of restitution as to victims of the

   defendant's relevant conduct. With respect to the payment of

   restitution, the defendant further agrees that, as part of the

   sentence in this matter, the defendant shall be responsible for

   making payment of restitution in full, unless the defendant can

   demonstrate to the satisfaction of the Court that the defendant's

   economic circumstances do not allow for the payment of full

   restitution in the foreseeable future , in which case the

   defendant will be required to make partial restitution

   payments. In addition to the schedule of payments that may be

   established by the Court, the defendant understands and agrees

   that, pursuant to the Mandatory Victims Restitution Act of
                               21

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 22 of 38




   1996 and the Justice For All Act of 2004, victims of federal

   crimes are entitled to full and timely restitution. As such, these

   payments do not preclude the Government from using other

   assets or income of the defendant to satisfy the restitution

   obligation. The defendant understands and agrees that the

   United States Attorney's Office, by and through the Financial

   Litigation Unit, has the obligation and the right to pursue any

   legal means, including but not limited to, submission of the debt

   to the Treasury Offset Program, to collect the full amount of

   restitution owed to the victims in a timely fashion. Although

   the defendant may reserve the right to contest the amount of

   restitution owed, the defendant agrees to take all steps to

  facilitate collection of all restitution, including submitting to

   debtor's exams as directed by the Government. Towards this

   goal, the defendant agrees to waive any further notice of

  forfeiture and agrees that the United States may, at its sole

  election, elect to pursue civil or criminal forfeiture in the

  amount of the victim restitution owed in this case, and the
                               22

Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 23 of 38




   Court may enter both a restitution order and a forfeiture

   judgment in the amount of any unpaid restitution found by the

   Court to be due and owing at the time of sentencing in this

   matter. The defendant consents to the filing of any civil

   complaint or superseding information which may be necessary

   to perfect a forfeiture order and further stipulates and agrees

   that the defendant's guilty plea constitutes an admission to all

   matters legally and factually necessary for entry of a forfeiture

   order in this case. The parties agree that the Government will

   recommend, but cannot guarantee, that any assets recovered

   through forfeiture proceedings be remitted to crime victims to

   reduce the defendant's restitution obligation in this case. The

   defendant acknowledges that the making of any payments does

   not preclude the Government from using other assets or income

   of the defendant to satisfy the restitution obligation. The

   defendant understands that the amount of restitution

  calculated for purposes of Chapter 5 of the Sentencing



                               23

    Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 24 of 38




       Guidelines might be different from the amount of loss calculated

       for purposes of Chapter 2 of the Sentencing Guidelines.

   22. Full Restitution. The defendant agrees to make full restitution

       in the amount of $89,993, in accordance with a schedule to be

       determined by the Court. The defendant also agrees that full

       restitution shall be a condition of any probation or term of

       supervised release that the defendant receives.

G. Information Provided to Court and Probation Office

   23. Background Information for Probation Office. The defendant

       understands that the United States will provide to the United

       States Probation Office all information in its possession that the

       United States deems relevant regarding the defendant's

       background, character, cooperation, if any, and involvement in

       this or other offenses.

   24. Objections to Pre-Sentence Report. The defendant understands

       that pursuant to the United States District Court for the Middle

       District of Pennsylvania's "Policy for Guideline Sentencing,"

       both the United States and defendant must communicate to the
                                   24

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   Probation Officer within 14 days after disclosure of the pre·

   sentence report any objections they may have as to material

   information, sentencing classifications, applicable Sentencing

   Guidelines ranges, and policy statements contained in or

   omitted from the report. The defendant agrees to meet with the

   United States at least five days prior to sentencing in a good

   faith attempt to resolve any substantive differences. If any

   issues remain unresolved, they shall be communicated to the

   Probation Officer for inclusion in an addendum to the pre·

   sentence report. The defendant agrees that unresolved

   substantive objections will be decided by the Court after

   briefing, a pre-sentence hearing, or at the sentencing hearing,

   where the standard or proof will be a preponderance of the

   evidence, and the Federal Rules of Evidence, other than with

   respect to privileges, shall not apply under Fed. R. Evid.

   1101(d)(3), and the Court may consider any reliable evidence,

  including hearsay. Objections by the defendant to the pre·



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   sentence report or the Court's rulings, will not be grounds for

   withdrawal of a plea of guilty.

25. Relevant Sentencing Information. At sentencing, the United

   States will be permitted to bring to the Court's attention, and

   the Court will be permitted to consider, all relevant information

   about the defendant's background, character and conduct,

   including the conduct that is the subject of the charges that the

   United States has agreed to dismiss, and the nature and extent

   of the defendant's cooperation, if any. The United States will be

   entitled to bring to the Court's attention and the Court will be

   entitled to consider any failure by the defendant to fulfill any

   obligation under this Agreement.

26. Non-Limitation on Government's Response. Nothing in this

   Agreement shall restrict or limit the nature or content of the

   United States' motions or responses to any motions filed on

   behalf of the defendant. Nor does this Agreement in any way

   restrict the Government in responding to any request by the

   Court for briefing, argument or presentation of evidence
                               26

    Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 27 of 38




       regarding the application of Sentencing Guidelines to the

       defendant's conduct, including but not limited to, requests for

       information concerning possible sentencing departures.

H. Court Not Bound by Plea Agreement

   27. Court Not Bound by Terms. The defendant understands that

       the Court is not a party to and is not bound by this Agreement,

       or by any recommendations made by the parties. Thus, the

       Court is free to impose upon the defendant any sentence up to
                                                               JO
       and including the maximum sentence of imprisonment for .2tr'
                        -'1>" ,0011
       years, a fine of ~     00, a maximum term of supervised release

       of up to three years, which shall be served at the conclusion of

       and in addition to any term of imprisonment, the costs of

       prosecution, denial of certain federal benefits, and assessments
                 i_oiJ
       totaling $-}00.
                 I_



   28. No Withdrawal of Plea Based on Sentence or Recommendations.

       If the Court imposes a sentence with which the defendant is

       dissatisfied, the defendant will not be permitted to withdraw

       any guilty plea for that reason alone, nor will the defendant be
                                   27

     Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 28 of 38




        permitted to withdraw any guilty plea should the Court decline

        to follow any recommendations by any of the parties to this

        Agreement.

I.   Breach of Plea Agreement by Defendant

     29. Breach of Agreement. In the event the United States believes

        the defendant has failed to fulfill any obligation under this

        Agreement, then the United States shall, in its discretion, have

        the option of petitioning the Court to be relieved of its

        obligations under this Agreement. Whether the defendant has

        completely fulfilled all of the obligations under this Agreement

        shall be determined by the Court in an appropriate proceeding,

        during which any disclosures and documents provided by the

        defendant shall be admissible, and during which the United

        States shall be required to establish any breach by a

        preponderance of the evidence. In order to establish any breach

        by the defendant, the United States is entitled to rely on

        statements and evidence given by the defendant during the

        cooperation phase of this Agreement, if any.
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30. Remedies for Breach. The defendant and the United States

   agree that in the event the Court concludes that the defendant

   has breached the Agreement:

   a.   The defendant will not be permitted to withdraw any guilty

        plea tendered under this Agreement and agrees not to

        petition for withdrawal of any guilty plea;

   b.   The United States will be free to make any

        recommendations to the Court regarding sentencing in this

        case;

   c.   Any evidence or statements made by the defendant during

        the cooperation phase of this Agreement, if any, will be

        admissible at any trials or sentencings;

   d.   The United States will be free to bring any other charges it

        has against the defendant, including any charges originally

        brought against the defendant or which may have been

        under investigation at the time of the plea. The defendant

        waives and hereby agrees not to raise any defense to the

        reinstatement of these charges based upon collateral
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       estoppel, Double Jeopardy, statute of limitations, assertion

       of Speedy Trial rights, or other similar grounds.

31. Violation of Law While Plea or Sentence Pending. The

   defendant understands that it is a condition of this Agreement

   that the defendant refrain from any further violations of state,

   local, or federal law while awaiting plea and sentencing. The

   defendant acknowledges and agrees that if the Government

   receives information that the defendant has committed new

   crimes while awaiting plea or sentencing in this case, the

   Government may petition the Court and, if the Court finds by a

   preponderance of the evidence that the defendant has

   committed any other criminal offense while awaiting plea or

   sentencing, the Government shall be free at its sole election to

   either: (a) withdraw from this Agreement; or (b) make any

   sentencing recommendations to the Court that it deems

   appropriate. The defendant further understands and agrees

   that, if the Court finds that the defendant has committed any

   other offense while awaiting plea or sentencing, the defendant
                               30

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         will not be permitted to withdraw any guilty pleas tendered

         pursuant to this Agreement, and the government will be

         permitted to bring any additional charges that it may have

         against the defendant.

J.   Deportation

     32. Deportation/Removal from the United States. The defendant

        understands that, if defendant is not a United States citizen,

        deportation/removal from the United States is a consequence of

        this plea. The defendant further agrees that this matter has

        been discussed with counsel who has explained the immigration

        consequences of this plea. The defendant still desire s to enter

        into this plea after having been so advised.

K. Appeal Waiver

     33. Appeal Waiver - Direct. The defendant is aware that Title 28,

        United States Code , § 1291 affords a defendant the right to

        appeal a judgment of conviction and sentence; and that Title 18,

        United States Code, § 3742(a) affords a defendant the right to

        appeal the sentence imposed. Acknowledging all of this, the
                                    31

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   defendant knowingly waives the right to appeal the conviction

   and sentence. This waiver includes any and all possible

   grounds for appeal, whether constitutional or non-

   constitutional, including, but not limited to, the manner in

   which that sentence was determined in light of United States v.

   Booker, 543 U.S. 220 (2005). The defendant further

   acknowledges that this appeal waiver is binding only upon the

   defendant and that the United States retains its right to appeal

   in this case.

34. Collateral Appeal Waiver. The defendant acknowledges,

   understands and agrees that, by pleading guilty pursuant to

   this Agreement, the defendant voluntarily and knowingly

   waives the right to collaterally attack the defendant's

   conviction, sentence, or any other matter relating to this

   prosecution, including but not limited to a motion to vacate

   judgment under Title 28, United States Code, Section 2255; a

   petition for a writ of habeas corpus under Title 28, United

   States Code, Section 224 I; or any other motion or writ seeking
                               32

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   collateral relief. However, no provision of this agreement shall

   preclude the defendant from pursuing in an appropriate forum

   any appeal, collateral attack, writ, or motion claiming that the

   defendant received constitutionally ineffective assistance of

   counsel. In the event the defendant raises a claim of ineffective

   assistance of counsel, the defendant hereby agrees (a) that the

   Government retains its right to oppose any such claim on

   procedural or substantive grounds; and (b) that counsel for the

   United States may confer with any of the defendant's prior

   counsel whose performance is attacked in such a claim, for

   purposes of preparing any response or for any hearing

   necessitated by the filing of such a claim.

35. Appeal Waiver Breach. The defendant acknowledges that

   pursuing a direct appeal or any collateral attack waived in the

   preceding paragraph(s) may constitute a breach of this

   Agreement. The Government agrees that the mere filing of a

   notice of appeal is not a breach of the Agreement. The

   Government may declare a breach only after the defendant or
                               33

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       the defendant's counsel thereafter states, either orally or in

       writing, a determination to proceed with an appeal or collateral

       attack raising an issue the Government deems barred by the

       waiver. The parties acknowledge that the pursuit of an appeal

       or any collateral attack constitutes a breach only if a court

       determines that the appeal or collateral attack does not present

       an issue that a judge may reasonably conclude is permitted by

       an exception to the waiver stated in the preceding paragraph(s)

       or constitutes a "miscarriage of justice" as that term is defined

       in applicable law.

L. Other Provisions

   36. Agreement Not Binding on Other Agencies. Nothing in this

       Agreement shall bind any other United States Attorney's Office,

       state prosecutor's office, or federal, state or local law

       enforcement agency.

   37. No Civil Claims or Suits. The defendant agrees not to pursue or

       initiate any civil claims or suits against the United States of

      America, its agencies or employees, whether or not presently
                                    34

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    known to the defendant, arising out of the investigation,

    prosecution or cooperation, if any, covered by this Agreement,

    including but not limited to any claims for attorney's fees and

    other litigation expenses arising out of the investigation and

   prosecution of this matter. By the defendant's guilty plea in

   this matter the defendant further acknowledges that the

   Government's position in this litigation was taken in good faith,

   had a substantial basis in law and fact and was not vexatious.

38. Plea Agreement Serves Ends of Justice. The United States is

   entering this Agreement with the defendant because this

   disposition of the matter fairly and adequately addresses the

   gravity of the offense(s) from which the charge(s) is/are drawn,

   as well as the defendant's role in such offense(s), thereby

   serving the ends of justice.

39. Merger of All Prior Negotiations. This document states the

   complete and only Agreement between the United States

   Attorney for the Middle District of Pennsylvania and the

   defendant in this case, and is binding only on the parties to this
                                  35

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    Agreement and supersedes all prior understandings or plea

    offers, including the plea agreements provided to former counsel

    on or about September 15, 2021 and current counsel on or about

    December 23, 2021 , whether written or oral. The defendant

    agrees that he and former counsel have discussed the rejected

    plea offer stated above as well as this Agreement. This

    agreement cannot be modified other than in writing that is

    signed by all parties or on the record in court. No other

   promises or inducements have been or will be made to the

   defendant in connection with this case , nor have any predictions

   or threats been made in connection with this plea. Pursuant to

   Rule 11 of the Federal Rules of Criminal Procedure, the

   defendant certifies that the defendant's plea is knowing and

   voluntary, and is not the result of force or threats or promises

   apart from those promises set forth in this Agreement.

40. Defendant is Satisfied with Assistance of Counsel. The

   Defendant agrees that the defendant has discussed this case

   and this Agreement in detail with the defendant's attorney, who
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   has advised the defendant of the defendant's Constitutional and

   other trial and appellate rights, the nature of the charges, the

   elements of the offenses the United States would have to prove

   at trial, the evidence the United States would present at such

   trial, possible defenses, the advisory Sentencing Guidelines and

   other aspects of sentencing, potential losses of civil rights and

   privileges, and other potential consequences of pleading guilty

   in this case. The defendant agrees that the defendant is

   satisfied with the legal services and advice provided to the

   defendant by the defendant's attorney.

41. Required Signatures. None of the terms of this Agreement shall

   be binding on the Office of the United States Attorney for the

   Middle District of Pennsylvania until signed by the defendant

   and defense counsel and then signed by the United States

   Attorney or his designee.




                               37

     Case 3:21-cr-00340-MEM Document 43 Filed 06/02/22 Page 38 of 38




                          ACKNOWLEDGMENTS
     I have read this agreement and carefully reviewed every part of it
with my attorney. I fully understand it and I voluntarily agree to it.




      I am the defendant's counsel. I have carefully reviewed every part
of this agreement with the defendant. To my knowledge, my client's
decision to enter into this agreement is an informed and voluntary one .



                                                   .....,~._._.,OWN, ESQ.
                                         Counsel for Defendant




                                         JOHN C. GURGANUS
                                         United States Attorney


                                   By:   ~ .:::s;;:.                        ~
                                         PHILLIP J. CARABALLO
                                         Assistant United States Attorney

AUSA/PCG/2020R00393/June 2, 2022
VERSION DATE: March 8, 2021




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