Plea Agreement — United States v. Edward Moise (S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:21-cr-60293-WPD · Doc. 11 · 2021-12-03 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 2,/ Cl( i,O.ZC/3 W PD 
UNITED STATES OF AMERICA 
vs. 
EDWARD MOISE, 
Defendant. 
I 
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PLEA AGREEMENT 
The United States Attorney's Office for the Southern District of Florida ("this Office") and 
Edward Moise (hereinafter referred to as the "defendant") enter into the following agreement: 
1. 
The defendant agrees to plead guilty to an indictment or information that charges the 
defendant with Conspiracy to Commit Bank Fraud, in violation of Title I 8, United States Code, 
Section 371. The defendant agrees and understands that the above charge involves the defendanfs 
conduct, and the conduct of others, between in and around June 2020, through in or around November 
2020, in which the defendant participated in a scheme to submit and cause the submission of false 
and fraudulent applications for loans and grants made available through the SBA to provide relief for 
the economic effects caused by the COVID-19 pandemic, including PPP loans and EIDL loans; paid 
and facilitated the payments of kickbacks in furtherance of the scheme; and received the proceeds of 
fraudulent PPP loans and EIDL loans on behalf of companies under his control. This agreement 
resolves the defendant's federal criminal liability in the Southern District of Florida growing out of 
any criminal conduct by the defendant known to this Office, as of the date of this plea agreement, 
related to the above-described scheme. 
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2. 
The defendant is aware that the sentence will be imposed by the Court after 
considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter 
"Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute 
an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be 
determined by the Court relying in part on the results of a pre-sentence investigation by the Court's 
probation office, which investigation will commence after the guilty plea has been entered. The 
defendant is also aware that, under certain circumstances, the Court may depart from the advisory 
sentencing guideline range that it has computed, and may raise or lower that advisory sentence under 
the Sentencing Guidelines. The defendant is further aware and understands that the Court is required 
to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound 
to impose a sentence within that advisory range; the Court is permitted to tailor the ultimate sentence 
in light of other statutory concerns, and such sentence may be either more severe or less severe than 
the Sentencing Guidelines' advisory range. Knowing these facts, the defendant understands and 
acknowledges that the Court has the authority to impose any sentence within and up to the statutory 
maximum authorized by law for the offense identified in paragraph 1 and that the defendant may not 
withdraw the plea solely as a result of the sentence imposed. 
3. 
The defendant also understands and acknowledges that upon a conviction for the 
charge specified in paragraph 1 the Court may impose a statutory maximum term of imprisonment of 
up to five (5) years, followed by a term of supervised release of up to three (3) years. In addition to a 
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term of imprisonment and supervised release, the Court may impose a fine of up to $-1, 
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twice the gress ,gaiR or gfoss loss nisnlticg from the gffense, restitution, and criminal forfeiture. 
4. 
The defendant further understands and acknowledges that, in addition to any sentence 
imposed under paragraph 3 of this agreement, a special assessment in the amount of $100 will be 
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imposed on the defendant. The defendant agrees that any special assessment imposed shall be paid at 
the time of sentencing. If a defendant is financially unable to pay the special assessment, the defendant 
agrees to present evidence to this Office and the Court at the time of sentencing as to the reasons for 
the defendant's failure to pay. 
5. 
This Office reserves the right to inform the Court and the probation office of all facts 
pertinent to the sentencing process, including all relevant information concerning the offenses 
committed, whether charged or not, as well as concerning the defendant and the defendant's 
background. Subject only to the express terms of any agreed-upon sentencing recommendations 
contained in this agreement, this Office further reserves the right to make any recommendation as to 
the quality and quantity of punishment. 
6. 
This Office agrees that it will recommend at sentencing that the Court reduce by two 
levels the sentencing guideline level applicable to the defondant's offense, pursuant to Section 
3El.l(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative and 
timely acceptance of personal responsibility. If at the time of sentencing the defendant's offense level 
is determined to be 16 or greater, this Office will file a motion requesting an additional one level 
decrease pursuant to Section 3E 1.1 (b) of the Sentencing Guidelines, stating that the defendant has 
assisted authorities in the investigation or 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. This Office, however, will not be required to make this motion and these 
recommendations if the defendant: (1) fails or refuses to make a full, accurate and complete disclosure 
to the probation office and the Court of the circumstances surrounding the relevant offense conduct; 
(2) is found to have misrepresented facts to the government prior to or after entering into this plea 
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agreement; or (3) commits any misconduct after entering into this plea agreement, including but not 
limited to committing a state or federal offense, violating any term of release, or making false 
statements or misrepresentations to any governmental entity or official. 
7. 
The defendant agrees that he shall cooperate fully with this Office by: (a) providing 
truthful and complete information and testimony, and producing documents, records and other 
evidence, when called upon by this Office, whether in interviews, before a grand jury, or at any trial 
or other Court proceeding; (b) appearing at such grand jury proceedings, hearings, trials, and other 
judicial proceedings, and at meetings, as may be required by this Office; and (c) if requested by this 
Office, working in an undercover role under the supervision ot~ and in compliance with, law 
enforcement officers and agents. In addition, the defendant agrees that he will not protect any person 
or er:tity through false information or omission, that he will not falsely implicate any person or entity, 
and that he will not commit any fm1her crimes. 
8. 
This Office reserves the right to evaluate the nature and extent of the defendant's 
cooperation and to make that cooperation, or lack thereof, known to the Court at the time of 
sentencing. If in the sole and unreviewable judgment of this Office, the defendant's cooperation is of 
such quality and significance to the investigation or prosecution of other criminal matters as to warrant 
the Court's downward departure from the advisory sentencing range calculated under the Sentencing 
Guidelines and/or any applicable minimum mandatory sentence, this Office may make a motion prior 
to sentencing pursuant to Section SK 1.1 of the Sentencing Guidelines and/or Title 18, United States 
Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 of the Federal Rules of 
Criminal Procedure, informing the Court that the defendant has provided substantial assistance and 
recommending that the defendant's sentence be reduced. The defendant understands and agrees, 
however, that nothing in this agreement requires this Office to file any such motions, and that this 
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Office's assessment of the quality and significance of the defendant's cooperation shall be binding as 
it relates to the appropriateness of this Office's filing or non-filing of a motion to reduce sentence. 
9. 
The defendant understands and acknowledges that the Court is under no obligation to 
grant a motion for reduction of sentence filed by this Office. In addition, the defendant further 
understands and acknowledges that the Court is under no obligation of any type to reduce the 
defendant's sentence because of the defendant's cooperation. 
10. 
This Office and the defendant agree that, although not binding on the probation ofiice 
or the Court, they will jointly recommend that the Court make the following findings as to the 
guideline calculations: 
a. 
Base Offense Level: 
Pursuant to Sentencing Guideline §2B 1.1 (a)(2), the 
appropriate base offense level is six (6). 
b. 
Actual/Intended Loss: Pursuant to Sentencing Guideline §2B I. I (b )( 1 )(I), the 
relevant amount of loss resulting from the defendant's participation in the offense is greater 
than $1.5 million and less than or equal to $3.5 million, resuhing in a sixteen (16) level 
enhancement. 
C. 
Role in Offense: Pursuant to Sentencing Guideline §381.l(c), a two-level 
enhancement is appropriate. 
d. 
The parties agree that no other enhancements apply. 
11. 
This Office and the defendant agree that, although not binding on the probation office 
or the Court, they will jointly recommend that the Court impose a sentence within the advisory 
sentencing guideline range produced by application of the Sentencing Guidelines as computed by the 
Court. 
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12. 
The defendant is aware that the sentence has not yet been determined by the Court. 
The defendant also is aware that any estimate of the probable sentencing range or sentence that the 
defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or the 
probation office, is a prediction, not a promise, and is not binding on this Office, the probation ot1ice 
or the Court. The defendant understands further that any recommendation that this Office makes to 
the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the 
Court and the Court may disregard the recommendation in its entirety. The defendant understands 
and acknowledges that the defendant may not withdraw his plea based upon the Court's decision not 
to accept a sentencing recommendation made by the defendant, this Office, or a recommendation 
made jointly by the defendant and this Office. 
13. 
The defendant agrees, in an individual and any other capacity, to forfeit to the United 
States, voluntarily and immediately, any right, title, and interest to all property, real or personal, which 
constitutes or is derived from proceeds obtained directly or indirectly, as a result of the violation to 
which he is pleading guilty, pursuant to Title 18, United States Code, Section 982(a)(2)(A). In 
addition, the defendant agrees to forfeiture of substitute property pursuant to 21 U.S.C. § 853(p). 
The property subject to forfeiture includes, but is not limited to a forfeiture money judgment in an 
amount to be determined later, which sum represents the value of the property subject to forfeiture; 
and 
14. 
The defendant further agrees that forfeiture is independent of any assessment, fine, 
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and 
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture, including 
excessive fines under tl1e Eighth Amendment to the United States Constitution. In addition, the 
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defendant agrees to waive: any applicable time. limits for administrative or judicial forfeiture 
proceedings, the requirements of Fed. Rs. Crim. P. 32.2 and 43(a), and any appeal of the forfeiture. 
15. 
The defendant also agrees to fully and truthfully disclose the existence, nature and 
location of all assets in which the defendant has or had any direct or indirect financial interest or 
control, and any assets involved in the offense of conviction. The defendant agrees to take all steps 
requested by the United States for the recovery and forfeiture of all assets identified by the United 
States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon request of 
all necessary and appropriate documentation to deliver good and marketable title, consenting to all 
orders of forfeiture, and not contesting or impeding in any way with any criminal, civil or 
administrative forfeiture proceeding concerning the forfeiture. 
16. 
In furtherance of the satisfaction of a forfeiture money judgment entered by the Court 
in this case, the defendant agrees to the following: 
a. 
submit a financial statement to this Office upon request, within 14 
calendar days from the request; 
b. 
maintain any asset valued in excess of $10,000, and not sell, hide, 
waste, encumber, destroy, or otherwise devalue such asset without 
prior approval of the United States; 
c. 
provide information about any transfer of an asset valued in excess of 
$10,000 since the commencement of the offense conduct in this case to 
date; 
d. 
cooperate fully in the investigation and the identification of assets, 
including liquidating assets, meeting with representatives of the United 
States, and providing any documentation requested; and 
e. 
notify, within 30 days, the Clerk of the Court for the Southern District 
of Florida and this Office of: (i) any change of name, residence, or 
mailing address, and (ii) any material change in economic 
circumstances. 
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17. 
The defendant understands and acknowledges that the Court must order restitution for 
the full amount of the victims' losses pursuant to 18 U.S.C. § 3663A. Defendant understands that the 
amount of restitution owed to the victims will be determined at or before sentencing unless the Court 
orders otherwise. 
18. 
The defendant is aware that Title 18, United States Code, Section 3742 and Title 28, 
United States Code, Section 1291 afford the defendant the right to appeal the sentence imposed in 
this case. Acknowledging this, in exchange for the undertakings made by the United States in this 
plea agreement, the defendant hereby waives all rights conferred by Sections 3742 and 1291 to appeal 
any sentence imposed, including any restitution order, or to appeal the manner in which the sentence 
was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an 
upward departure and/or an upward variance from the advisory guideline range that the Court 
establishes at sentencing. The defendant further understands that nothing in this agreement shall affect 
the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 
3742(b) and Title 28, United States Code, Section 1291. However, if the United States appeals the 
defendant's sentence pursuant to Sections 3742(b) and 1291, the defendant shall be released from the 
above waiver of appellate rights. By signing this agreement, the defendant acknowledges that t.he 
defendant has discussed the appeal waiver set forth in this agreement with the defendant's attorney. 
The defendant further agrees, together with this Office, to request that the Court enter a specific 
finding that the defendant's waiver of his right to appeal the sentence imposed in this case was 
knowing and voluntary. 
19. 
Defendant recognizes that pleading guilty may have consequences with respect to the 
defendant's immigration status if the defendant is not a citizen of the United States. Under federal 
law, a broad range of crimes are removable offenses, including the offense to which defendant is 
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pleading guilty. Removal and other immigration consequences are the subject of a separate 
proceeding, however, and defendant understands that no one, including the defendant's attorney or 
the Court, can predict to a certainty the effect of the defendant's conviction on the defendant's 
immigration status. Defendant nevertheless affirms that the defendant wants to plead guilty regardless 
of any immigration consequences that the defendant's plea may entail, even if the consequence is the 
defendant's automatic removal from the United States. 
20. 
The defendant confirms that the defendant is guilty of the offenses to which the 
defendant is pleading guilty; that the defendant's decision to plead guilty is the decision that the 
defendant has made; and that nobody has forced, threatened, or coerced the defendant into pleading 
guilty. The defendant affirms that the defendant has reviewed this agreement and enters into it 
knowingly, voluntarily, and intelligently, and with the benefit of assistance by the defendant's 
attorney. 
21. 
In the event the defendant withdraws, or attempts to withdraw, from this agreement 
prior to or after pleading guilty to the charge identified in paragraph 1 above, or should the 
Government, in its sole discretion, determine that the defendant has failed to fully comply with any 
of the terms of this plea agreement, the Government will be released from its obligations under this 
agreement, and the defendant agrees and understands that: (a) the defendant thereby waives any 
protection afforded by any proffer letter agreement between the parties, Section 1B 1.8 of the 
Sentencing Guidelines, Rule 11 (t) of the Federal Rules of Criminal Procedure, and Rule 410 of the 
Federal Rules of Evidence; (b) that any statements made by the defendant as part of the plea 
discussions, any debriefings or interviews, or in this agreement, whether made prior to or after the 
execution of this agreement, will be admissible against him without any limitation in any civil or 
criminal proceeding brought by the Government; (c) the defendant stipulates to the admissibility and 
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authenticity, in any case brought by the United States in any way related to the facts referred to in this 
agreement, of any documents proviclccl by the defendant or the defendant" s representatives to any 
state of federal agency and/or the Government; and ( d) the defendant has adopted the entire Factual 
Proffer. signed by the defendant on March'lJ:'2021, as the defendant ·s statements. and the defendant 
has stipulated to the admissibility of the Factual Proffer. signed by the dcrendant on tvfarch _, 2021, 
in any case brought by the United States. 
22. 
'fhis is the entire agreement and understanding bet ween this Office and the defendant. 
There are no other agreements. promises, representations, nr understandings. 
DATE: 
3/22/2021 
DATE: 
DATE: 
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, 
BY: 
BY: 
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MICHA -L GOTTLIEB ""l"--ir---~El 
ATTORNEY FOR DEFENDANT / •7 1 
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~~ 
EDWARD MOISE 
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D~FENDANT 
/;J,/3/;2-f 
Case 0:21-cr-60293-WPD   Document 11   Entered on FLSD Docket 12/03/2021   Page 10 of 10

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