Plea Agreement and Stipulation of Facts — United States v. Anna Marie Omar (S.D. W. Va.)

Record facts

U.S. District Court, Southern District of West Virginia · No. 1:24-cr-00036 · Doc. 32 · 2024-08-12 · Docket on CourtListener

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United States Department of Justice

United States Attorney
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

FILED
AUG | 2 2024

July 8, 2024

Clint Carte

Assistant Federal Public Defender RORY PERRY I CRERK eM
Office of the Federal Public Defender |__ Southern District of West Virginia

300 Virginia Street, East, Room 3400
Charleston, WV 25301

Re: United States v. Anna Marie Omar
Criminal No. 1:24-cr-00036 (USDC SDWV)

Dear Mr. Carte:

This will confirm our conversations with regard to your
client, Anna Marie Omar (hereinafter “Ms. Omar”). As a result of
these conversations, it is agreed by and between the United States
and Ms. Omar as follows:

Ls PENDING CHARGES. Ms. Omar is charged in a three-count
indictment as follows:

(a) Count One charges Ms. Omar with a violation of 18 U.S.C.
§ 1014 (making false statement or report to a mortgage
lending business) ;

(b) Count Two charges Ms. Omar with a violation of 18 U.S.C.
§ 1956 (laundering monetary instruments); and

(c) Count Three charges Ms. Omar with a violation of 18
U.S.C. § 1957 (engaging in monetary transactions in
property derived from specified unlawful activity).

Dns RESOLUTION OF CHARGES. Ms. Omar will plead guilty to
Count Three of said indictment, which charges her with a violation

of 18 U.S.C. § 1957.

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Clint Carte, AFPD

July 8, 2024 Re: Anna Marie Omar
Page 2
3. MAXIMUM POTENTIAL PENALTY. The maximum penalty to which

Ms. Omar will be exposed by virtue of this guilty plea is as
follows:

(a) Imprisonment for a period of 10 years;

(ob) A fine of $250,000, 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;

(d) A mandatory special assessment of $100 pursuant to 18
U.S.C. § 3013; and

(e) An order of restitution pursuant to 18 U.S.C. §§ 3663A
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. Omar will tender a check or money order
to the Clerk of the United States District Court for $100, 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. Omar 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. Omar 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. Omar.

5 RESTITUTION. Notwithstanding the offense of conviction,
Ms. Omar agrees that she owes restitution to the United States
Small Business Administration in the amount of $23,410.60 and

LAD

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July 8,
Page 3

2024 Re: Anna Marie Omar

agrees to pay such restitution, with interest as allowed by law,
to the fullest extent financially feasible. In aid of restitution,
Omar further agrees as follows:

Ms.

(a)

(Cc)

Ms. Omar 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.

Ms. Omar 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.

Ms. Omar 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.

Ms. Omar 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 and the sale
of any such property.

Ms. Omar 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. Omar to
pay a greater or lesser sum of restitution in accordance

with law.

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Clint Carte, AFPD

July 8,
Page 4

(CG)

(e)

2024 Re: Anna Marie Omar

FORFEITURE. Ms. Omar hereby agrees as follows:

To forfeit to the United States any and all property in
Ms. Omar's possession or under her control which
constitutes proceeds of, or was derived from proceeds,
or was involved in the offense to which Ms. Omar is
agreeing to plead guilty, namely the violation of 18
U.S.C. § 1957. Ms. Omar further agrees that she will not
contest a forfeiture money judgment in the amount
$23,410.60, which amount constitutes the proceeds of the
violation set forth in Count Three of the Indictment.

The United States Attorney’s Office for the Southern
District of West Virginia agrees to apply to the
Department of Justice’s Money Laundering and Asset
Recovery Section for authorization to apply any received
money judgment funds to Ms. Omar’s restitution
obligation through a process called restoration. If the
restoration request is approved, then the United States
Attorney’s Office for the Southern District of West
Virginia will apply $23,410.60 to Ms. Omar’s outstanding
restitution obligation.

To assist the United States and its agents in identifying
all such property, regardless of its location and the
manner in which it is titled. Any such identified
property deemed forfeitable by the United States will
then be forfeited, pursuant to 18 U.S.C. S§ 981, 982 or
28 U.S.C. § 2461, in either an administrative or judicial
forfeiture action;

To fully complete and execute, under oath, a Financial
Affidavit in a form supplied by the United States and to
return to counsel for the United States the completed
Affidavit within seven calendar days from the date of
signing this plea agreement;

To provide sworn testimony and to execute any documents
deemed necessary by the United States to effectuate the

AO

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Clint Carte, AFPD
July 8, 2024 Re: Anna Marie Omar
Page 5

forfeiture and to transfer title to the said property to
the United States; and

(f£) To waive any defenses to this criminal action, or to any
related administrative or judicial forfeiture action,
based in whole or in part on the Excessive Fines Clause
of the Eighth Amendment to the Constitution, or the
holding or principles set forth in United States v.
Alexander, 509 U.S. 544 (1993); United States v.
Bajakajian, 524 U.S. 321 (1998); United States v.
Austin, 509 U.S. 602 (1993); and their progeny.

7. PAYMENT OF MONETARY PENALTIES. Ms. Omar 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. Omar 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. Omar 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. Omar 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. Omar
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

AS

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Clint Carte, AFPD
July 8, 2024 Re: Anna Marie Omar
Page 6

court ordered restitution or fine.

Ms. Omar 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.

8. COOPERATION. Ms. Omar will be forthright and truthful
with this office and other law enforcement agencies with regard to
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. Omar may have counsel present except when appearing before a
grand jury.

95 USE IMMUNITY. Unless this agreement becomes void due
to a violation of any of its terms by Ms. Omar, and except as
expressly provided for in paragraph 11 below, 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.

10. 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. Omar for any violations of federal or state laws.
The United States reserves the right to prosecute Ms. Omar for
perjury or false statement if such a situation should occur
pursuant to this agreement.

AO

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Clint Carte, AFPD
July 8, 2024 Re: Anna Marie Omar
Page 7

11. STIPULATION OF FACTS AND WAIVER OF FED. R. EVID. 410.
The United States and Ms. Omar 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 A.”

Ms. Omar 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
indictment, 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. Omar or of any of her witnesses, or in rebuttal of any testimony
introduced by her or on her behalf. Ms. Omar 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. Omar 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.

12. WAIVER OF APPEAL AND COLLATERAL ATTACK. Ms. Omar
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. Omar 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. § 1957,

MO

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Clint Carte, AFPD
July 8, 2024 Re: Anna Marie Omar
Page 8

is unconstitutional, and (2) Ms. Omar’s conduct set forth in the
Stipulation of Facts (Plea Agreement Exhibit A) does not fall
within the scope of 18 U.S.C. § 1957.

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. Omar 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. Omar knowingly
and voluntarily waives all rights, whether asserted directly or by
a representative, to request or receive from any department or
agency of the United States any records pertaining to _ the
investigation or prosecution of this case, including without 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;
MSE

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July 8, 2024 Re: Anna Marie Omar

Page 9

(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. Omar;

(£) Advise the Court concerning the nature and extent of Ms.
Omar’s cooperation; and

(g) Address the Court regarding the issue of Ms. Omar’s
acceptance of responsibility.

15. VOIDING OF AGREEMENT. If either the United States or
Ms. Omar 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.
Omar in this matter. There are no agreements, understandings or

recommendations as to any other pending or future charges against
Ms. Omar in any Court other than the United States District Court
for the Southern District of West Virginia.

AS

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Clint Carte, AFPD
July 8, 2024 Re: Anna Marie Omar
Page 10

Acknowledged and agreed to on behalf of the United States:

WILLIAM Ss. T
United Sta

By:

ONATHAN . STORAG
Assistant United ttorney

JTS/kal

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 ten-
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 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.

ho Qyyran 1-1RU

ANNA MARIE OMAR Date Signed
Defendant
W. CLINTON CARTE, ESQ. Date Signed

Counsel for Defendant

Defendant’s
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
BLUEFIELD

UNITED STATES OF AMERICA

v. CRIMINAL NO. 1:24-cr-00036

ANNA MARIE OMAR

STIPULATION OF FACTS

The United States and Anna Marie Omar (hereinafter
“defendant,” “me,” “my,” and “I”) stipulate and agree that the
facts comprising the offenses of conviction (Count Three in the
Indictment in the Southern District of West Virginia, Criminal
No. 1:24-cr-00036) and some, but not all, of the relevant
conduct, include the following:

On or about April 30, 2021, I submitted an application for
a Paycheck Protection Program (“PPP”) forgivable loan, which was
administered by the United States Small Business Administration.
On the PPP loan application, I stated that I was an “independent
contractor,” who had been in business since January 1, 2010.
Additionally, I stated on the PPP loan application that I had
earned $152,000 in gross income in Tax Year 2020, working for a
water processing business. In fact, I knew at the time I
submitted the PPP loan application that I was not- an
“independent contractor,” that I had not been in business since
January 1, 2010, that I had not earned $152,000 in gross income
in Tax Year 2020, and that I had not worked for a water
processing business. I submitted the fraudulent PPP loan
application for the purpose of quickly obtaining COVID-19 relief
money for my own personal use.

My PPP loan application was processed by Benworth Capital
Partners LLC, a “mortgage lending business,” as that term is
defined by 18 U.S.C. § 27. Benworth Capital Partners LLC
approved my PPP loan application, and on or about May 17, 2021,
I received $20,833.00 in loan proceeds by direct deposit into my
personal checking account.
On or about May 18, 2021, the day after I received the PPP
loan proceeds from my approved fraudulent loan, I knowingly
transferred $12,216.70 from my personal checking account to my
personal savings account. At the time I initiated the money
transfer between my accounts, I knew that the $12,216.70
represented property acquired from my fraudulent PPP loan.

This Stipulation of Facts does not contain each and every
fact known to defendant and to the United States concerning her

involvement and the involvement of others in the charges set
forth in the Indictment.

Stipulated and agreed to:

Qo, Oreos anianse

ANNA MARIE OMAR Date

Defendant

Lae Ze /- 22-24%
CLINT CARTE Date

Counsel for Mefendan

B-I2- 29

J . SPORAGE Date
istant United States Attorney

PLEA AGREEMENT EXHIBIT A
2

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