Plea Agreement — U.S. v. Mohan

Record facts

U.S. District Court for the Western District of Washington · No. 2:21-cr-00041-JCC · Doc. 41 · 2021-03-15 · Docket on CourtListener

Full text

Plea Agreement -1 
United States v. Mukund Mohan, CR21-0041JCC - 1 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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The Honorable John C. Coughenour 
 
 
 
 
 
UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
MUKUND MOHAN, 
 
Defendant. 
NO. CR21-0041JCC 
 
PLEA AGREEMENT 
 
The United States of America, by and through Tessa M. Gorman, Acting United 
States Attorney for the Western District of Washington, Andrew C. Friedman, Assistant 
United States Attorney for said District, Daniel S. Kahn, Acting Chief, Fraud Section, 
Criminal Division, United States Department of Justice, and Christopher Fenton, Trial 
Attorney for said Section, Defendant, MUKUND MOHAN, and Defendant’s attorneys, 
Robert Westinghouse and Robert M. McCallum, enter into the following Plea 
Agreement, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A) & (B): 
 
Waiver of Indictment.  Defendant, having been advised of the right to be 
charged by Indictment, agrees to waive that right and enter a plea of guilty to the charges 
brought by the United States Attorney in an Information. 
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Plea Agreement -2 
United States v. Mukund Mohan, CR21-0041JCC - 2 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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The Charges.  Defendant, having been advised of the right to have this 
matter tried before a jury, agrees to waive that right and enter pleas of guilty to the 
charges of Wire Fraud, in violation of Title 18, United States Code, Section 1343, and 
Money Laundering, in violation of Title 18, United States Code, Section 1957, contained 
in the Information.  By entering pleas of guilty, Defendant hereby waives all objections to 
the form of the charging document.  Defendant further understands that, before entering 
any guilty plea, Defendant will be placed under oath.  Any statement given by Defendant 
under oath may be used by the United States in a prosecution for perjury or false 
statement. 
 
Elements of the Offenses.  The elements of the offense of Wire Fraud to 
which Defendant is pleading guilty are as follows: 
First, Defendant knowingly devised or participated in a scheme or plan to defraud, 
or a scheme or plan for obtaining money or property by means of false or fraudulent 
pretenses, representations, or promises, or omitted facts;  
Second, the statements made or facts omitted as part of the scheme were material; 
that is, they had a natural tendency to influence, or were capable of influencing, a person 
to part with money or property;  
Third, Defendant acted with the intent to defraud; that is, the intent to deceive and 
cheat; and  
Fourth, Defendant transmitted writings, signs, signals, pictures or sounds, by 
means of wire, in interstate commerce to carry out or attempt to carry out an essential 
part of the scheme. 
The elements of the offense of Money Laundering to which Defendant is pleading 
guilty are as follows: 
First, the defendant knowingly engaged or attempted to engage in a monetary 
transaction; 
Second, the defendant knew the transaction involved criminally derived property; 
Third, the property had a value greater than $10,000; 
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Plea Agreement -3 
United States v. Mukund Mohan, CR21-0041JCC - 3 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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Fourth, the property was, in fact, derived from wire fraud; and  
Fifth, the transaction occurred in the United States. 
 
The Penalties.  Defendant understands that the statutory penalties 
applicable to the offense of Wire Fraud to which he is pleading guilty are as follows:  a 
maximum term of imprisonment of up to twenty (20) years, a fine of up to two hundred 
fifty thousand dollars ($250,000), a period of supervision following release from prison 
of up to three (3) years, and a mandatory special assessment of one hundred dollars 
($100).  If a probationary sentence is imposed, the probation period can be for up to 
five (5) years. 
Defendant understands that the statutory penalties applicable to the offense of 
Money Laundering to which he is pleading guilty are as follows:  a maximum term of 
imprisonment of up to ten (10) years, a fine of up to two hundred fifty thousand dollars 
($250,000), a period of supervision following release from prison of up to three (3) years, 
and a mandatory special assessment of one hundred dollars ($100).  If a probationary 
sentence is imposed, the probation period can be for up to five (5) years. 
 
Defendant understands that supervised release is a period of time following 
imprisonment during which Defendant will be subject to certain restrictive conditions and 
requirements.  Defendant further understands that, if supervised release is imposed and 
Defendant violates one or more of the conditions or requirements, Defendant could be 
returned to prison for all or part of the term of supervised release that was originally 
imposed.  This could result in Defendant serving a total term of imprisonment greater 
than the statutory maximum stated above. 
 
Defendant understands that, as a part of any sentence, in addition to any term of 
imprisonment and/or fine that is imposed, the Court may order Defendant to pay 
restitution to any victim of the offense, as required by law. 
Defendant further understands that the consequences of pleading guilty may 
include the forfeiture of certain property, either as a part of the sentence imposed by the 
Court or as a result of civil judicial or administrative process.   
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Plea Agreement -4 
United States v. Mukund Mohan, CR21-0041JCC - 4 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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Defendant agrees that any monetary penalty the Court imposes, including the 
special assessment, fine, costs, and restitution, is due and payable immediately and 
further agrees to submit a completed Financial Statement of Debtor form as requested by 
the United States Attorney’s Office. 
 
Rights Waived by Pleading Guilty.  Defendant understands that, by 
pleading guilty, Defendant knowingly and voluntarily waives the following rights: 
 
a. 
The right to plead not guilty and to persist in a plea of not guilty; 
b. 
The right to a speedy and public trial before a jury of Defendant’s 
peers; 
c. 
The right to the effective assistance of counsel at trial, including, if 
Defendant could not afford an attorney, the right to have the Court 
appoint one for Defendant; 
d. 
The right to be presumed innocent until guilt has been established 
beyond a reasonable doubt at trial; 
e. 
The right to confront and cross-examine witnesses against Defendant 
at trial; 
f. 
The right to compel or subpoena witnesses to appear on Defendant’s 
behalf at trial;  
g. 
The right to testify or to remain silent at trial, at which trial such 
silence could not be used against Defendant; and  
h. 
The right to appeal a finding of guilt or any pretrial rulings.  
 
United States Sentencing Guidelines.  Defendant understands and 
acknowledges that the Court must consider the sentencing range calculated under the 
United States Sentencing Guidelines, and possible departures under the Sentencing 
Guidelines, together with the other factors set forth in Title 18, United States Code, 
Section 3553(a), including:  (1) the nature and circumstances of the offense; 
(2) Defendant’s history and characteristics; (3) the need for the sentence to reflect the 
seriousness of the offense, to promote respect for the law, and to provide just 
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Plea Agreement -5 
United States v. Mukund Mohan, CR21-0041JCC - 5 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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punishment for the offense; (4) the need for the sentence to afford adequate deterrence 
to criminal conduct; (5) the need for the sentence to protect the public from further 
crimes of Defendant; (6) the need to provide Defendant with educational and vocational 
training, medical care, or other correctional treatment in the most effective manner; (7) 
the kinds of sentences available; (8) the need to provide restitution to victims; and (9) 
the need to avoid unwarranted sentence disparity among defendants involved in similar 
conduct who have similar records.  Accordingly, Defendant understands and 
acknowledges that: 
a. 
The Court will determine Defendant’s Sentencing Guidelines range 
at the time of sentencing; 
b. 
After consideration of the Sentencing Guidelines and the factors in  
18 U.S.C. § 3553(a), the Court may impose any sentence authorized by law, up to the 
maximum term authorized by law; 
 
 
c. 
The Court is not bound by any recommendation regarding the 
sentence to be imposed, or by any calculation or estimation of the Sentencing Guidelines 
range offered by the parties or the United States Probation Department, or by any 
stipulations or agreements between the parties in this Plea Agreement; and 
 
 
d. 
Defendant may not withdraw a guilty plea solely because of the 
sentence imposed by the Court. 
 
 
Ultimate Sentence.  Defendant acknowledges that no one has promised or 
guaranteed what sentence the Court will impose. 
 
Statement of Facts.  The parties agree on the following facts.  Defendant 
admits he is guilty of the charged offense: 
 
In March 2020, Congress enacted The Coronavirus 
Aid, Relief, and Economic Security (“CARES”) Act to 
provide emergency financial assistance to Americans 
suffering economic harm as a result of the COVID-19 
pandemic.  Among other things, the CARES Act authorized 
the issuance of forgivable loans to small businesses through a 
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Plea Agreement -6 
United States v. Mukund Mohan, CR21-0041JCC - 6 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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program known as the Paycheck Protection Program (“PPP”).  
PPP loans were processed, and funded, by participating 
lenders.  The loans were guaranteed by the Small Business 
Administration.   PPP loans were forgivable if the borrowing 
business spent the loan proceeds on permissible expenses 
(such as payroll, mortgage payments, rent, and utilities) 
within a designated period, and used a certain percentage on 
payroll, specifically. 
 
To qualify for a PPP loan, a qualifying business was 
required to submit a PPP loan application signed by an 
authorized representative of the business.  That application 
required the authorized representative to make certain 
affirmative certifications, including representing the number 
of employees the business had and the business’ average 
monthly payroll expenses.  Applicants for PPP loans also 
were required to provide documentation showing their payroll 
expenses.  The figures, and the accompanying documentation, 
were used to determine whether a business was eligible for a 
PPP loan, and, if so, the size of such loan. 
 
Between April 26, 2020, and June 2, 2020, Defendant, 
Mukund Mohan, submitted fraudulent applications for eight 
PPP loans for five different businesses.  The loans were: 
 
 
Business 
Amount 
Sought 
Lender 
Result of 
Application 
Zuput, Inc. 
(“Zuput”) 
$150,000 
Bank of America 
(“BofA”) 
Approved 
Zuput 
$223,727 
Endeavor Bank 
(“Endeavor”) 
Canceled 
Zigantic, LLC 
(“Zigantic”) 
$304,830 
Endeavor 
Approved 
GitGrow, Inc. 
(“GitGrow”) 
$506,277 
Endeavor 
Approved 
Vangal, Inc. 
(“Vangal”) 
$1,728,398 
Endeavor 
Withdrawn 
Expect 
Success, Inc. 
$1,794,700 
Neighborhood 
National Bank 
(“NNB”) 
Canceled 
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Plea Agreement -7 
United States v. Mukund Mohan, CR21-0041JCC - 7 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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(“Expect 
Success”) 
Expect 
Success 
$394,000 
Live Oak 
Banking 
(“Live Oak”) 
Approved 
Mahenjo, Inc. 
(“Mahenjo”) 
$431,250 
Peoples Bank 
(“Peoples”) 
Approved 
 
 
In applying for these loans, Mohan represented that 
each of these companies was in operation on February 15, 
2020, and that each had employees to whom it paid salaries or 
independent contractors whom it paid for work performed for 
the company.  Those representations were false.  None of the 
companies had any employees to whom it paid salaries or 
independent contractors (other, perhaps, than Mohan and/or 
other members of his immediate family) as of February 15, 
2020. 
 
In submitting all but the Zuput application to 
Endeavor, Mohan provided copies to the lenders of a 
supposed IRS Forms 940 for the relevant business.  These 
forms showed that the applying business had paid large 
amounts, typically more than $1,000,000, to employees in 
2019.  These forms were fraudulent.  Mohan created them for 
purposes of supporting the PPP applications.  None actually 
had been filed with the IRS (and the amounts of the tax 
deposits reported on the forms had not been paid to the IRS).  
Mohan also submitted supposed payroll reports for the 
relevant business.  These forms typically listed dozens of 
supposed employees.  These payroll reports also were 
fraudulent, and listed persons who were not employees of the 
business. 
 
On May 22, 2020, Mohan purchased Mahenjo from 
Wyoming Corporate Services, Inc. (“WCS”), a company in 
the business of selling corporations.  Mahenjo originally was 
incorporated in 2017, but it had neither employees nor 
business activities from 2018, when WCS acquired it, until 
May 22, 2020, when WCS sold it to Mohan.  Rather, it was 
what is called a “shelf corporation.” 
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Plea Agreement -8 
United States v. Mukund Mohan, CR21-0041JCC - 8 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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On June 3, Mohan filed an application with Peoples 
for a PPP loan for Mahenjo in the amount of $431,250.  As he 
had done with earlier PPP applications for other companies, 
Mohan certified that Mahenjo was in operation on February 
15, 2020, and had employees to whom it paid salaries and 
payroll taxes or that it paid independent contractors.  Mohan 
also represented that he was not the owner of any other 
business and did not manage any other business.  These 
representations were false, since Mahenjo had no employees 
or contractors on February 15, 2020, and since Mohan did 
own and/or manage other businesses (identified above, which 
had obtained more than $1 million in PPP loans). 
 
As he had done in earlier PPP applications for other 
companies, Mohan submitted fraudulent documents in 
support of his application.  Thus, Mohan submitted a 
purported IRS Form 940 for 2019 that represented that 
Mahenjo had paid $2,376,500 to its employees in 2019 
(which it had not, and which form had not been filed with the 
IRS).   Mohan submitted two purported payroll reports for 
February 2020, that listed 24 persons supposedly employed 
by Mahenjo (which they were not).  And, Mohan submitted 
an altered version of Mahenjo’s incorporation documents that 
purported to show that Mohan had been made Mahenjo’s 
initial director in 2017 (which he was not). 
 
Based on the Mahenjo application, Peoples paid 
$431,250 of loan proceeds to Mahenjo’s account ending in 
9159 at JP Morgan Chase (“JPMC”).  The process of issuing 
this payment caused an interstate wire from the State of 
Washington to the State of California as part of the Fedwire 
transfer of funds to that account.  The total amount of the 
eight loans for which Mohan applied was $5,533,182.  The 
total amount of PPP loan proceeds that Mohan received from 
the five PPP loans that were approved was $1,786,357.  After 
receiving PPP loan proceeds, Mohan engaged in transactions, 
including those listed in the table below, among others, 
involving proceeds of the loans.  In July 2020, the United 
States obtained seizure warrants and seized the amounts listed 
in the table below:  
 
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Plea Agreement -9 
United States v. Mukund Mohan, CR21-0041JCC - 9 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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Business 
Loan 
Amount Seized 
Zuput 
 $150,000 paid into Zuput 
account ending in 6319 at 
BofA 
 
 $5,500 subsequently 
transferred from there to 
Vangal’s account ending 
in 0798 at Azlo 
 $129,295.46 
from BofA 
 
 
 $4,500 from 
Azlo 
Zigantic 
 $304,830 paid into 
Zigantic account ending 
in 3419 at Azlo 
 
 $231,471 subsequently 
transferred from there to 
Mohan’s account ending 
in 4609 at Robinhood in 
five transactions, 
including a wire transfer 
of $50,000 on May 26, 
2020 
 $73,262.38 
from Azlo 
 
 
 $231,471 
from 
Robinhood 
GitGrow 
 $506,277 paid into 
GitGrow account ending 
in 9773 at JPMC 
 $506,277 
from JPMC 
Expect 
Success 
 $394,000 paid into 
Expect Success account 
ending in 8877 at JPMC 
 $394,000 
from JPMC 
Mahenjo 
 $431,250 paid into 
Mahenjo account ending 
in 9159 at JPMC 
 $431,250 
from JPMC 
 
Only $16,301.16 of the total loan proceeds received by 
Mohan were ever used by him.  The balance of the proceeds 
remained untouched in the bank accounts into which they initially 
were deposited, or to which they were transferred by Mohan, until 
seized by the government.  Defendant has subsequently paid 
$16,301.16 to the Clerk of Court, thereby ensuring that all the loan 
proceeds have been either seized or returned to the United States. 
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Plea Agreement -10 
United States v. Mukund Mohan, CR21-0041JCC - 10 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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The parties agree that the Court may consider additional facts contained in the 
Presentence Report (subject to standard objections by the parties) and/or that may be 
presented by the United States or Defendant at the time of sentencing, and that the factual 
statement contained herein is not intended to limit the facts that the parties may present to 
the Court at the time of sentencing. 
 
Sentencing Factors.  The parties agree that the following Sentencing 
Guidelines provisions apply to this case:  
a. 
Defendant’s offense is governed by § 2B1.1 of the Sentencing 
Guidelines; 
b. 
Defendant’s base offense level is 7, pursuant to § 2B1.1(a)(1), 
because Defendant is pleading guilty to wire fraud, which is 
referenced to § 2B1.1 and has a statutory maximum of 20 years;  
c. 
Defendant’s offense level is increased by 16 levels pursuant to 
§ 2B1.1(b)(1)(I), because the loss exceeded $1,500,000, but did not 
exceed $3,500,000, after excluding the amount of the smaller of the 
two loan amounts for Zuput and Expect Success, for each of which 
Defendant submitted two loan applications, and also the amount of 
the loan for which he withdrew his application for Vangal; 
d. 
Defendant’s offense level is increased by 2 levels, pursuant to  
 
§ 2B1.1(b)(10), because the offense involved sophisticated means; 
e. 
Defendant’s offense level is increased by 1 level, pursuant to 
§ 2S1.1(b)(2)(A), because Defendant is pleading guilty to money 
laundering in violation of 18 U.S.C. § 1957. 
f. 
As a result, Defendant’s total offense level, prior to any adjustment  
 
for acceptance of responsibility, is 26. 
Defendant understands, that at the time of sentencing, the Court is free to reject 
these stipulated adjustments, and is further free to apply additional downward or upward 
adjustments in determining Defendant's Sentencing Guidelines range. 
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Plea Agreement -11 
United States v. Mukund Mohan, CR21-0041JCC - 11 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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 Acceptance of Responsibility.  At sentencing, if the Court concludes 
Defendant qualifies for a downward adjustment for acceptance of responsibility 
pursuant to USSG § 3E1.1(a) and Defendant’s offense level is 16 or greater, the United 
States will make the motion necessary to permit the Court to decrease the total offense 
level by three (3) levels pursuant to USSG §§ 3E1.1(a) and (b), because Defendant has 
assisted the United States by timely notifying the United States of Defendant’s intention 
to plead guilty, thereby permitting the United States to avoid preparing for trial and 
permitting the Court to allocate its resources efficiently. 
 Sentencing Recommendation.  The United States agrees that it will 
recommend a term of imprisonment that is no higher than the low end of Defendant’s 
sentencing range under the Sentencing Guidelines.  The parties agree that they each will 
recommend that the Court impose a fine of $100,000.   Defendant understands that 
these recommendations are not binding on the Court and the Court may reject the 
recommendations and may impose any term of imprisonment, and fine, up to the 
statutory maximum penalties authorized by law.   Defendant further understands that 
Defendant cannot withdraw his guilty pleas simply because of the sentence imposed by 
the Court.   Defendant shall be free to recommend any sentence, consistent with the 
law, that Defendant believes is appropriate in addition to the stipulated fine.  Except as 
otherwise provided in this Plea Agreement, the parties are free to present arguments 
regarding any other aspect of sentencing. 
 Restitution.  Defendant agrees that he will pay restitution to Bank of 
America in the amount of $150,000, to Endeavor Bank in the amount of $811,107, to 
Live Oak Banking in the amount of $394,000, and to Peoples Bank in the amount of 
$431,250, for a total restitution obligation of $1,786,351.  (Defendant shall pay these 
amounts to the Small Business Administration (SBA) instead of the named bank(s) in 
the event the SBA has paid the amounts to the bank(s) prior to Defendant’s payment of 
restitution.)  Defendant has already paid $16,301.16 to the Clerk of Court, representing 
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Plea Agreement -12 
United States v. Mukund Mohan, CR21-0041JCC - 12 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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the balance of the loan proceeds he retained, after the seizure of funds in this case, and 
will receive credit for this amount. 
The full amount of restitution shall be due and payable immediately on entry of 
judgment and shall be paid as quickly as possible.  If the Court finds that Defendant is 
unable to make immediate restitution in full and sets a payment schedule as contemplated 
in 18 U.S.C. § 3664(f), Defendant agrees that the Court’s schedule represents a minimum 
payment obligation and does not preclude the U.S. Attorney’s Office from pursuing any 
other means by which to satisfy Defendant’s full and immediately-enforceable financial 
obligation, including, but not limited to, by pursuing assets that come to light only after 
the district court finds that Defendant is unable to make immediate restitution. 
Defendant represents that Defendant has not dissipated or transferred any assets, 
or title to any assets, including real property, since the date that Defendant was charged in 
this case, other than (1) to make routine payments of regularly-occurring bills, including 
mortgage payments and payments of normal living expenses, or (2) to pay legal fees 
resulting from this case.  Defendant agrees that Defendant will not dissipate or transfer 
assets, or title to any assets, except for those purposes, until 30 days after a decision by 
the Department of Justice, Money Laundering and Asset Recovery Section (“MLARS”) 
on a restoration request in this case.  Nothing in this Plea Agreement shall excuse 
Defendant from the application of the fraudulent transfer provisions contained in 28 
U.S.C. §§ 3301-3308.  The United States agrees that it will not pursue any means to 
satisfy Defendant’s restitution obligation until after a decision by MLARS on a 
restoration request in this case.  After that date, the United States will pursue such actions 
only to satisfy any portion of Defendant’s restitution obligation that has not been satisfied 
by the restoration of forfeited funds and remains unpaid. 
Defendant agrees to disclose all assets in which Defendant has any interest or over 
which Defendant exercises control, directly or indirectly, including those held by a 
spouse, nominee, or third party.  Defendant agrees to cooperate fully with the United 
States’ investigation identifying all property in which Defendant has an interest and with 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 12 of 18

 
 
 
Plea Agreement -13 
United States v. Mukund Mohan, CR21-0041JCC - 13 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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the United States’ lawful efforts to enforce prompt payment of the financial obligations to 
be imposed in connection with this prosecution.  Defendant’s cooperation obligations are:  
(1) before sentencing, and no more than 30 days after executing this Plea Agreement, 
truthfully and completely executing a Financial Disclosure Statement provided by the 
United States Attorney’s Office and signed under penalty of perjury regarding 
Defendant’s and Defendant’s spouse’s financial circumstances and producing supporting 
documentation, including tax returns, as requested; (2) providing updates with any 
material changes in circumstances, as described in 18 U.S.C. § 3664(k), within seven 
days of the event giving rise to the changed circumstances; (3) authorizing the United 
States Attorney’s Office to obtain Defendant’s credit report before sentencing; 
(4) providing waivers, consents or releases requested by the U.S. Attorney’s Office to 
access records to verify the financial information; (5) authorizing the U.S. Attorney’s 
Office to inspect and copy all financial documents and information held by the U.S. 
Probation Office; (6) submitting to an interview regarding Defendant’s Financial 
Statement and supporting documents before sentencing (if requested by the United States 
Attorney’s Office), and fully and truthfully answering questions during such interview; 
and (7) notifying the United States Attorney’s Office before transferring any interest in 
property owned directly or indirectly by Defendant, including any interest held or owned 
in any other name, including all forms of business entities and trusts.    
The parties acknowledge that voluntary payment of restitution prior to the 
adjudication of guilt is a factor the Court considers in determining whether Defendant 
qualifies for acceptance of responsibility pursuant to USSG § 3E1.1(a).  In addition, in 
any event, the government will consider Defendant’s cooperation regarding restitution in 
making its sentencing recommendation. 
 Forfeiture. The Defendant understands that the forfeiture of property is 
part of the sentence that must be imposed in this case. The Defendant agrees to forfeit 
to the United States immediately his right, title, and interest in all property that 
constitutes or is traceable to proceeds of his commission of Wire Fraud. All such 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 13 of 18

 
 
 
Plea Agreement -14 
United States v. Mukund Mohan, CR21-0041JCC - 14 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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property is forfeitable pursuant to Title 18, United States Code, Section 981(a)(1)(C), 
by way of Title 21, United States Code, Section 2461(c), and includes but is not limited 
to: 
a. $4,500 in U.S. funds seized on July 23, 2020 from Azlo account                  
ending in 0798, held in the name of Vangal, Inc.;  
b. $73,262.38 in U.S. funds seized on July 23, 2020 from Azlo account        
ending in 3419, held in the name of Zigantic, LLC; 
c. $129,295.46 in U.S. funds seized on July 30, 2020 from Bank of 
America account ending in 6319, held in the name of Zuput, Inc.; 
d. $394,000 in U.S. funds seized on July 24, 2020 from Chase Bank 
account ending in 8877, held in the name of Expect Success, Inc.; 
e. $431,250 in U.S. funds seized on July 24, 2020 from Chase Bank 
account ending in 9159, held in the name of Mahenjo, Inc.; 
f. $506,277 in U.S. funds seized on July 24, 2020 from Chase Bank 
account ending in 9773, held in the name of Gitgrow, Inc.; and 
g. $231,471 in U.S. funds seized on July 23, 2020 from Robinhood 
account ending in 4609, held in the name of Mukund Mohan. 
The Defendant also agrees to forfeit to the United States immediately his right, 
title, and interest in all property involved in his commission of Money Laundering. All 
such property is forfeitable pursuant to Title 18, United States Code, Section 982(a)(1). 
The Defendant agrees to fully assist the United States in the forfeiture of any 
forfeitable property and to take whatever steps are necessary to pass clear title to the 
United States, including but not limited to: surrendering title and executing any 
documents necessary to effect forfeiture; assisting in bringing any property located 
outside the United States within the jurisdiction of the United States; and taking whatever 
steps are necessary to ensure that property subject to forfeiture is not sold, disbursed, 
wasted, hidden, or otherwise made unavailable for forfeiture. The Defendant agrees not 
to file a claim to any of this property in any federal forfeiture proceeding, administrative 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 14 of 18

 
 
 
Plea Agreement -15 
United States v. Mukund Mohan, CR21-0041JCC - 15 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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or judicial, that may be or has been initiated, or to otherwise contest any federal forfeiture 
proceeding that may be or has been initiated. The Defendant also agrees he will not assist 
any party who may file a claim to this property in any federal forfeiture proceeding.  
The United States reserves its right to proceed against any remaining property not 
identified in this Plea Agreement, including any property in which the Defendant has any 
interest or control, if that property constitutes or is traceable to proceeds of his 
commission of Wire Fraud or was involved in his commission of Money Laundering. 
The Defendant understands and acknowledges that the forfeitures identified in 
subsections a through g of this Section 13 reflect a criminal penalty that is separate and 
distinct from the restitution that is ordered in this case for victim losses. The United 
States agrees, however, that it will request the Attorney General apply, through 
restoration, the net proceeds from the identified forfeitures to any unsatisfied balance of 
the restitution that is ordered.  
 Non-Prosecution of Additional Offenses.  As part of this Plea Agreement, 
the United States Attorney’s Office for the Western District of Washington agrees not 
to prosecute Defendant for any additional offenses known to it as of the time of this 
Plea Agreement based upon evidence in its possession at this time, and that arise out of 
the conduct giving rise to this investigation.  In this regard, Defendant recognizes the 
United States has agreed not to prosecute all of the criminal charges the evidence 
establishes were committed by Defendant solely because of the promises made by 
Defendant in this Plea Agreement.  Defendant agrees, however, that, for purposes of 
preparing the Presentence Report, the United States Attorney’s Office will provide the 
United States Probation Office with evidence of all conduct committed by Defendant. 
Defendant agrees that any charges to be dismissed before or at the time of 
sentencing were substantially justified in light of the evidence available to the United 
States, were not vexatious, frivolous or taken in bad faith, and do not provide Defendant 
with a basis for any future claims under the "Hyde Amendment," Pub. L. No. 105-119 
(1997). 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 15 of 18

 
 
 
Plea Agreement -16 
United States v. Mukund Mohan, CR21-0041JCC - 16 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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 Breach, Waiver, and Post-Plea Conduct.  Defendant agrees that, if 
Defendant breaches this Plea Agreement, the United States may withdraw from this 
Plea Agreement and Defendant may be prosecuted for all offenses for which the United 
States has evidence.  Defendant agrees not to oppose any steps taken by the United 
States to nullify this Plea Agreement, including the filing of a motion to withdraw from 
the Plea Agreement.  Defendant also agrees that, if Defendant is in breach of this Plea 
Agreement, Defendant has waived any objection to the re-institution of any charges that 
previously were dismissed or any additional charges that had not been prosecuted. 
Defendant further understands that if, after the date of this Agreement, Defendant 
should engage in illegal conduct, or conduct that violates any conditions of release or the 
conditions of confinement (examples of which include, but are not limited to, obstruction 
of justice, failure to appear for a court proceeding, criminal conduct while pending 
sentencing, and false statements to law enforcement agents, the Pretrial Services Officer, 
Probation Officer, or Court), the United States is free under this Plea Agreement to file 
additional charges against Defendant or to seek a sentence that takes such conduct into 
consideration by requesting the Court to apply additional adjustments or enhancements in 
its Sentencing Guidelines calculations in order to increase the applicable advisory 
Guidelines range, and/or by seeking an upward departure or variance from the calculated 
advisory Guidelines range.  Under these circumstances, the United States is free to seek 
such adjustments, enhancements, departures, and/or variances even if otherwise 
precluded by the terms of the Plea Agreement. 
 Waiver of Appellate Rights and Rights to Collateral Attacks.  
Defendant acknowledges that, by entering the guilty pleas required by this Plea 
Agreement, Defendant waives all rights to appeal from Defendant’s convictions and 
any pretrial rulings of the Court.  Defendant further agrees that, provided the Court 
imposes a custodial sentence that is within or below the Sentencing Guidelines range 
(or the statutory mandatory minimum, if greater than the Guidelines range) as 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 16 of 18

 
 
 
Plea Agreement -17 
United States v. Mukund Mohan, CR21-0041JCC - 17 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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determined by the Court at the time of sentencing, Defendant waives to the full extent 
of the law: 
a. 
Any right conferred by Title 18, United States Code, Section 3742, 
to challenge, on direct appeal, the sentence imposed by the Court, 
including any fine, restitution order, probation or supervised release 
conditions, or forfeiture order (if applicable); and 
b. 
Any right to bring a collateral attack against his convictions and 
sentence, including any restitution order imposed, except as it may 
relate to the effectiveness of legal representation. 
This waiver does not preclude Defendant from bringing an appropriate motion 
pursuant to 28 U.S.C. § 2241, to address the conditions of Defendant’s confinement or 
the decisions of the Bureau of Prisons regarding the execution of Defendant’s sentence.  
If Defendant breaches this Plea Agreement at any time by appealing or collaterally 
attacking (except as to effectiveness of legal representation) the convictions or sentence 
in any way, the United States may prosecute Defendant for any counts, including those 
with mandatory minimum sentences, that were dismissed or not charged pursuant to this 
Plea Agreement. 
 Voluntariness of Plea.  Defendant agrees that Defendant has entered into 
this Plea Agreement freely and voluntarily, and that no threats or promises were made 
to induce Defendant to enter pleas of guilty other than the promises contained in this 
Plea Agreement or set forth on the record at the change of plea hearing in this matter. 
 Statute of Limitations.  In the event this Plea Agreement is not accepted 
by the Court for any reason, or Defendant breaches any of the terms of this Plea 
Agreement, the statute of limitations shall be deemed to have been tolled from the date 
of the Plea Agreement to:  (1) thirty (30) days following the date of non-acceptance of 
the Plea Agreement by the Court; or (2) thirty (30) days following the date on which a 
breach of the Plea Agreement by Defendant is discovered by the United States 
Attorney’s Office. 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 17 of 18

 
 
 
Plea Agreement -18 
United States v. Mukund Mohan, CR21-0041JCC - 18 
UNITED STATES ATTORNEY 
701 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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 Completeness of Agreement.  The United States and Defendant 
acknowledge that these terms constitute the entire Plea Agreement between the parties, 
except as may be set forth on the record at the change of plea hearing in this matter.  
This Plea Agreement binds only the United States Attorney’s Office for the Western 
District of Washington and the Fraud Section of the Criminal Division of the United 
States Department of Justice.  It does not bind any other United States Attorney’s 
Office or any other office or agency of the United States, or any state or local 
prosecutor. 
DATED:  this 15th day of March, 2021. 
 
 
 
 
 
 
 
 
MUKUND MOHAN 
Defendant 
 
 
s/Robert Westinghouse 
 
 
ROBERT WESTINGHOUSE 
Attorney for Defendant 
 
 
s/Robert M. McCallum 
 
 
ROBERT M. McCALLUM 
Attorney for Defendant 
 
 
s/Andrew C. Friedman 
 
 
ANDREW C. FRIEDMAN 
Assistant United States Attorney 
 
 
s/Christopher Fenton  
 
 
CHRISTOPHER FENTON 
Trial Attorney 
Fraud Section, Criminal Division 
Department of Justice 
DocuSign Envelope ID: 5403DE92-3403-4B8A-A6E0-F7EB2997F62B
Case 2:21-cr-00041-JCC   Document 41   Filed 03/15/21   Page 18 of 18

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