Plea Agreement & Stipulation of Facts — United States v. Jessica Nutter

Summary

The plea agreement letter of April 23, 2024 from the U.S. Attorney's Office for the Southern District of West Virginia to defense counsel John A. Carr in United States v. Jessica Nutter, No. 2:24-cr-00081, filed August 29, 2024 as Document 20, with the information and a stipulation of facts as exhibits. Nutter agrees to plead guilty to a single-count information charging receipt of stolen money under 18 U.S.C. § 2315, which carries up to 10 years, and to pay restitution of at least $25,830.00. In the stipulation, Nutter states that she falsely represented that a fictitious business, Nut House Wood, had $50,000.00 in 2019 gross income to seek a $10,415.00 PPP loan, and prepared a similar application for Robert Nutter. The parties agree to an adjusted offense level of 10.

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

Record facts

Full text

FILED

United States Department of Justice

United States Attorney

Southern District of West Virginia POR] PERRY 1 CLEAR

U.S. District Court
Southern District of West Virginia

Robert C. Byrd United States Courthouse 1-800-659-8726
300 Virginia Street, East 304-345-2200
Suite 4000 FAX: 304-347-5104

Charleston, WV 25301

April 23, 2024

John A, Carr, Esq.
179 Summers St., Ste 209
Charleston, WV 25301

Re: United States v. Jessica Nutter erg
Criminal No.3: \yi ££ -0O Tspe SDWV)

Dear Mr. Carr:

This will confirm our conversations concerning your client, Jessica Nutter (hereinafter
“Ms. Nutter”). As a result of those conversations, it is agreed by and between the United States
and Ms. Nutter as follows:

1. CHARGING AGREEMENT. Ms. Nutter agrees to waive her right pursuant to
Rule 7 of the Federal Rules of Criminal Procedure to be charged by indictment and will consent
to the filing of a single-count information to be filed in the United States District Court for the

Southern District of West Virginia, a copy of which is attached hereto as “Plea Agreement Exhibit
A?

2 RESOLUTION OF CHARGES. Ms. Nutter will plead guilty to a violation of 18
U.S.C, § 2315 (Receipt of Stolen Money) as charged in said information.

3 MAXIMUM POTENTIAL PENALTY. The maximum penalty to which Ms.
Nutter will be exposed by virtue of this guilty plea is as follows:

(a) Imprisonment for a period of 10 years;

(b) A fine of $250,000.00, or twice the gross pecuniary gain or twice the gross
pecuniary loss resulting from defendant’s conduct, whichever is greater;

(c) A term of supervised release of 3 years;

QOL

() Defendant’s
Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 2

(d) | A mandatory special assessment of $100.00 pursuant to 18 U.S.C. § 3013; and

(e) An order of restitution pursuant to 18 U.S.C. §§ 3663 and 3664, or as otherwise set
forth in this plea agreement.

4, SPECIAL ASSESSMENT. Prior to the entry of a plea pursuant to this plea
agreement, Ms. Nutter will tender a check or money order to the Clerk of the United States District
Court for $100.00, which check or money order shall indicate on its face the name of defendant
and the case number. The sum received by the Clerk will be applied toward the special assessment
imposed by the Court at sentencing. Ms. Nutter will obtain a receipt of payment from the Clerk
and will tender a copy of such receipt to the United States, to be filed with the Court as an
attachment to this plea agreement. If Ms. Nutter fails to provide proof of payment of the special
assessment prior to or at the plea proceeding, the United States will have the right to void this plea
agreement. In the event this plea agreement becomes void after payment of the special assessment,
such sum shall be promptly returned to Ms, Nutter.

3. RESTITUTION. Notwithstanding the offense of conviction, Ms. Nutter
agrees that she owes restitution in the amount of at least $25,830.00 and agrees to pay such
restitution, with interest as allowed by law, to the fullest extent financially feasible. In aid of
restitution, Ms. Nutter further agrees as follows:

(a) Ms. Nutter agrees to fully assist the United States in identifying and locating any
assets to be applied toward restitution and to give signed, sworn statements and
testimony concerning assets upon request of the United States.

(b) Ms. Nutter will fully complete and execute, under oath, a Financial Statement and
a Release of Financial Information on forms supplied by the United States and will
return these completed forms to counsel for the United States within seven calendar
days from the date of the signing of this plea agreement.

(c) Ms. Nutter agrees not to dispose of, transfer or otherwise encumber any real or
personal property which she currently owns or in which she holds an interest.

(d) Ms. Nutter agrees to fully cooperate with the United States in the liquidation of
assets to be applied towards restitution, to execute any and all documents necessary
to transfer title of any assets available to satisfy restitution, to release any and all
right, title and interest she may have in and to such property, and waives her right
to exemptions under the Federal Debt Collection Procedures Act upon levy against

OCL

0) Defendant’s
Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 3

and the sale of any such property.

(e) Ms, Nutter agrees not to appeal any order of the District Court imposing restitution
unless the amount of restitution imposed exceeds the amount set forth in this plea
agreement. However, nothing in this provision is intended to preclude the Court
from ordering Ms. Nutter to pay a greater or lesser sum of restitution in accordance
with law.

6. PAYMENT OF MONETARY PENALTIES. Ms. Nutter authorizes the Financial
Litigation Program in the United States Attorney’s Office to obtain a credit report from any major
credit reporting agency prior to sentencing in order to assess her financial condition for sentencing
purposes. Ms. Nutter agrees not to object to the District Court ordering all monetary penalties
(including the special assessment, fine, court costs, and any restitution that does not exceed the
amount set forth in this plea agreement) to be due and payable in full immediately and subject to
immediate enforcement by the United States. So long as the monetary penalties are ordered to be
due and payable in full immediately, Ms. Nutter further agrees not to object to the District Court
imposing any schedule of payments as merely a minimum schedule of payments and not the only
method, nor a limitation on the methods, available to the United States to enforce the judgment.

Ms. Nutter authorizes the United States, through the Financial Litigation Program, to
submit any unpaid criminal monetary penalty to the United States Treasury for offset in accordance
with the Treasury Offset Program, regardless of the defendant’s payment status or history at that
time.

In addition to any payment ordered by the Court, Ms. Nutter shall pay all monies received
from any source other than earned income, including but not limited to, lottery winnings, gambling
proceeds, judgments, inheritances, and tax refunds, toward the court ordered restitution or fine.

Ms. Nutter agrees that if she retains counsel or has appointed counsel in response to the
United States’ efforts to collect any monetary penalty, she shall immediately notify the United
States Attorney’s Office, Attention: Financial Litigation Program, 300 Virginia Street E., Suite
4000, Charleston, West Virginia 25301, in writing and shall instruct her attorney to notify FLP
immediately of her representation.

7. COOPERATION. Ms. Nutter will be forthright and truthful with this office and
other law enforcement agencies regarding all inquiries made pursuant to this agreement, and will
give signed, sworn statements and grand jury and trial testimony upon request of the United States.
In complying with this provision, Ms. Nutter may have counsel present except when appearing

OL

() : Defendant’s
Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 4

before a grand jury. Further, Ms. Nutter agrees to be named as an unindicted co-conspirator and
unindicted aider and abettor, as appropriate, in subsequent indictments or informations.

8. USE IMMUNITY. Unless this agreement becomes void due to a violation of any
of its terms by Ms. Nutter, and except as expressly provided for in paragraph 10, nothing contained
in any statement or testimony provided by her pursuant to this agreement, or any evidence
developed therefrom, will be used against her, directly or indirectly, in any further criminal
prosecutions or in determining the applicable guideline range under the Federal Sentencing
Guidelines.

9, LIMITATIONS ON IMMUNITY. Nothing contained in this agreement restricts
the use of information obtained by the United States from an independent, legitimate source,
separate and apart from any information and testimony provided pursuant to this agreement, in
determining the applicable guideline range or in prosecuting Ms. Nutter for any violations of
federal or state laws. The United States reserves the right to prosecute Ms. Nutter for perjury or
false statement if such a situation should occur pursuant to this agreement.

10. STIPULATION OF FACTS AND WAIVER OF FED. R. EVID. 410. The
United States and Ms. Nutter stipulate and agree that the facts comprising the offense of conviction
include the facts outlined in the “Stipulation of Facts,” a copy of which is attached hereto as “Plea
Agreement Exhibit B.”

Ms. Nutter agrees that if she withdraws from this agreement, or this agreement is voided
as a result of a breach of its terms by her, and she is subsequently tried for her conduct alleged in
the information, as more specifically described in the Stipulation of Facts, the United States may
use and introduce the Stipulation of Facts in the United States case-in-chief, in cross-examination
of Ms. Nutter or of any of her witnesses, or in rebuttal of any testimony introduced by her or on
her behalf. Ms. Nutter knowingly and voluntarily waives, see United States v. Mezzanatto, 513
U.S. 196 (1995), any right she has pursuant to Fed. R. Evid. 410 that would prohibit such use of
the Stipulation of Facts. If the Court does not accept the plea agreement through no fault of the
defendant, or the Court declares the agreement void due to a breach of its terms by the United
States, the Stipulation of Facts cannot be used by the United States.

The United States and Ms. Nutter understand and acknowledge that the Court is not bound
by the Stipulation of Facts and that if some or all of the Stipulation of Facts is not accepted by the
Court, the parties will not have the right to withdraw from the plea agreement.

11. AGREEMENT ON SENTENCING GUIDELINES. Based on the foregoing

QL

() Defendant’s
Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 5

Stipulation of Facts, the United States and Ms. Nutter agree that the following provisions of the
United States Sentencing Guidelines apply to this case.

Description Guideline Section Offense Level
Base Offense Level §2B1.1(a)(1) 6
Loss Greater Than $15,000 §2B1.1(b)(1)(C) +4
Adjusted Offense Level 10

The United States and Ms. Nutter acknowledge and understand that the Court and the
Probation Office are not bound by the parties' calculation of the United States Sentencing
Guidelines set forth above and that the parties shall not have the right to withdraw from the plea
agreement due to a disagreement with the Court's calculation of the appropriate guideline range.

12. WAIVER OF APPEAL AND COLLATERAL ATTACK. Ms. Bradley
knowingly and voluntarily waives her right to seek appellate review of her conviction and of any
sentence of imprisonment, fine, or term of supervised release imposed by the District Court, or the
manner in which the sentence was determined, on any ground whatsoever including any ground
set forth in 18 U.S.C. § 3742(a), except that the defendant may appeal any sentence that exceeds
the maximum penalty prescribed by statute. Ms. Nutter also knowingly and voluntarily waives any
right to seek appellate review of any claim or argument that (1) the statute of conviction (18 U.S.C.
§ 2315) is unconstitutional, and (2) Ms. Nutter’s conduct set forth in the Stipulation of Facts (Plea
Agreement Exhibit B) does not fall within the scope of 18 U.S.C. § 2315.

The United States also agrees to waive its right to appeal any sentence of imprisonment,
fine, or term of supervised release imposed by the District Court, or the manner in which the
sentence was determined, on any ground whatsoever, including any ground set forth in 18 U.S.C.
§ 3742(b), except that the United States may appeal any sentence that is below the minimum
penalty, if any, prescribed by statute.

Ms. Nutter also knowingly and voluntarily waives the right to challenge her guilty plea and
conviction resulting from this plea agreement, and any sentence imposed for the conviction, in any
collateral attack, including but not limited to a motion brought under 28 U.S.C. § 2255.

The waivers noted above shall not apply to a post-conviction collateral attack or direct
appeal based on a claim of ineffective assistance of counsel.

13. WAIVER OF FOIA AND PRIVACY RIGHT. Ms. Nutter knowingly and
voluntarily waives all rights, whether asserted directly or by a representative, to request or receive

fj} Defendant’s

Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 6

from any department or agency of the United States any records pertaining to the investigation or
prosecution of this case, including without any limitation any records that may be sought under
the Freedom of Information Act (FOIA), 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. §
552a, following final disposition.

14. | FINAL DISPOSITION. The matter of sentencing is within the sole discretion of
the Court. The United States has made no representations or promises as to a specific sentence.
The United States reserves the right to:

(a) Inform the Probation Office and the Court of all relevant facts and conduct;

(b) Present evidence and argument relevant to the factors enumerated in 18 U.S.C. §
3553(a);

(c) Respond to questions raised by the Court;

(d) Correct inaccuracies or inadequacies in the presentence report;

(e) Respond to statements made to the Court by or on behalf of Ms. Nutter;

(f) Advise the Court concerning the nature and extent of Ms. Nutter’s cooperation; and
(g) Address the Court regarding the issue of Ms. Nutter’s acceptance of responsibility.
15. VOIDING OF AGREEMENT. If either the United States or Ms. Nutter violates

the terms of this agreement, the other party will have the right to void this agreement. If the Court
refuses to accept this agreement, it shall be void.

16. ENTIRETY OF AGREEMENT. This written agreement constitutes the entire
agreement between the United States and Ms. Nutter in this matter. There are no agreements,
understandings or recommendations as to any other pending or future charges against Ms. Nutter
in any Court other than the United States District Court for the Southern District of West Virginia.

Defendant’s
Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 7

Acknowledged and agreed to on behalf of the United States:

I4LIAM S. THOMPSON

By: r
J JPARKER! E, I

Assistant United States Attorney

I hereby acknowledge by my initials at the bottom of each of the foregoing pages and by my
signature on the last page of this 8-page agreement that I have read and carefully discussed every
part of it with my attorney, that I understand the terms of this agreement, and that I voluntarily
agree to those terms and conditions set forth in the agreement. I further acknowledge that my
attorney has advised me of my rights, possible defenses, the Sentencing Guideline provisions, and

OW”

4 Defendant’s

Initials

John A. Carr
April 23, 2024 Re: Jessica Nutter
Page 8

the consequences of entering into this agreement, that no promises or inducements have been made
to me other than those in this agreement, and that no one has threatened me or forced me in any
way to enter into this agreement. Finally, I am satisfied with the representation of my attorney in
this matter.

S\lo\Qg4

| Date Signed

a }o mM 4£Y 24f
John A. Carr Date Signed j

Counsel for Defendant

orn

’) Defendant’s
Initials
MAY 1 5 ofA

ROY L. PEARY TF, OLEIC
US Dstiat Cosa

UNITED STATES DISTRICT COURT FOR THE Souiean isin at West Vigna
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA

y. CRIMINAL NO. 2:2 4ser— eco /
18 U.S.C. § 2315

JESSICA NUTTER

INFORMATION

ee ee)

The United States Attorney Charges:

From on or about March 27, 2021, through on or about April 20, 2021, at or near

Saint Albans, Kanawha County, West Virginia, within the Southern District of West
Virginia, and elsewhere, defendant JESSICA NUTTER received, possessed, concealed, stored,
bartered, sold and disposed of goods, wares, merchandise, securities, and money of the value of
$5,000 and more, which had crossed a state boundary after being stolen, unlawfully converted,
and taken, to wit: defendant JESSICA NUTTER received proceeds of a Paycheck Protection
Program fraud scheme that she knew had been stolen and unlawfully converted and which
were transferred from bank accounts located in the State of Texas and withdrawn from bank
branches at or near Saint Albans, Kanawha County, West Virginia, and elsewhere.
All in violation of Title 18, United States Code, Section 2315.

WILL es
United State Attoth E

» al ie

J. may) BAZZLE, I
Assistant United States Ivtome.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA
V. CRIMINAL NO.
JESSICA NUTTER

STIPULATION OF FACTS

The United States and JESSICA NUTTER (hereinafter “defendant”, “I”, “my”, and “me”
stipulate and agree that the facts comprising the offense of conviction in the Information, include
the following:!

Paycheck Protection Program Background

1. The Paycheck Protection Program (“PPP”) was a COVID-19 pandemic relie
program administered by the Small Business Administration (“SBA”) that provided forgivable loans
to small businesses for job retention and certain other expenses.

2 The PPP permitted participating third-party lenders to approve and disburse SBA:
backed PPP loans to cover payroll, fixed debts, utilities, rent/mortgage, accounts payable and other
bills incurred by qualifying businesses during, and resulting from, the COVID-19 pandemic. PPP
loans were fully guaranteed by the SBA.

iit Meta

3. To obtain a PPP loan, a qualifying business had to submit a PPP loan application,
which was signed by an authorized representative of the business. The PPP loan application required
the business (through its authorized representative) to acknowledge the program rules and make
certain affirmative certifications to be eligible to obtain the PPP loan, including that the business was
in operation and either had employees for whom it paid salaries and payroll taxes or paid independent
contractors. A business applying for a PPP loan was required to provide documentation showing its
payroll expenses, such as filed federal income tax documents.

Defendant’s Factual Basis for Plea

4. From March 27, 2021, through on or about April 20, 2021, I knowingly defrauded
and obtained money from a lender in Texas and the SBA.

= I applied for two PPP loans: the first on behalf of my purported business “Nut House
Wood;” and the second on behalf of my husband Robert Nutter in the name of “Robert Nutter,”
claiming he had a business as an independent contractor delivering goods for DoorDash. However,

! This Stipulation of Facts does not contain every fact known to defendant Jessica Nutter and to the
United States concerning her involvement in the charges set forth in the Information and relevant
conduct.

a

PLEA AGREEMENT EXHIBIT “B”
1
Nut House Wood was not a registered business entity in the State of West Virginia at the time |
applied for the loan, nor was Nut House Wood ever engaged in legitimate business activity and my
husband Robert Nutter was not then engaged as an independent contractor for DoorDash.

6. I falsely represented in my PPP loan application that Nut House Wood —a fictitious
business—treceived $50,000.00 in gross income during 2019, and sought a PPP loan in the amoun
of $10,415.00, and I falsely represented in a separate PPP application that I completed for my
husband Robert Nutter, that Robert Nutter received gross income during 2019, as an independent
contractor for DoorDash in the amount of $50,000.00, and sought a PPP loan in his name in the
amount of $10,415.00.

After my fraudulent PPP loan applications were approved, the Texas based lender designated the
funds for me and my husband Robert Nutter and arranged for the funds to be deposited into our
personal bank accounts.

7. A PPP lender headquartered in Texas approved my fraudulent PPP loan applications. oe

8. On April 9, 2021, a bank headquartered in Texas initiated an ACH transfer of
$10,415.00 to my personal bank account. On April 12, 2021, I initiated a transfer of $1,573.12 of
the stolen funds via a debit card transaction from a bank branch located in Saint Albans, West
Virginia, to a business in North Carolina to cover expenses for a vacation for me and my family later
that year in North Carolina.

9: On April 20, 2021, a bank headquartered in Texas initiated an ACH transfer oe
$10,415 to my husband, Robert Nutter’s personal bank account; we used those stolen funds for
general family expenses.

10. The United States and I stipulate and agree that Saint Albans, Kanawha County, West oy
Virginia, is within the Southern District of West Virginia.

Stipulated and agreed to:

6) a%|a4

Dat¢

SICA NUTTER

TON A. CAR Date
Counsel for

fy f 4.8/0
J. PARKER Ha. WA Date / |
Assistant RPA States YA

PLEA AGREEMENT EXHIBIT “B”
2

File and source

File

gov.uscourts.wvsd.239245.20.0.pdf

Size

2,539,691 bytes

SHA-256

d289fc27ee22ffc8c99b138b2d3006b1ce8d77dfffa08aecc8b0ae9e567e60f6

Our copy

gov.uscourts.wvsd.239245.20.0.pdf

Original

PACER (login required)