Plea Agreement — United States v. Christnel Orisca (D. Mass.)

Record facts

U.S. District Court, District of Massachusetts · No. 1:24-cr-10378-JEK · Doc. 30 · 2025-11-03 · Docket on CourtListener

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Case 1:24-cr-10378-JEK Document 30 Filed 11/03/25 Page1of7

US. Nepartment of Justice

Leah RB. Foley
United States Attorney
District of Massachusetts

Main, Re
CEM on S)o2
ON (617) 748-3109 John Joseph Moakley United States Courthouse

! Courthouse Way
Suite 9200
Boston, Massachusetts 02210
October 27, 2025

Vikas §, Dhar, Esq.

¢ har Law, LLP

29 Main Street, Suite P200

atlestown, MA 02129

Re: United States v. Christnel Orisca
Criminal No. 24-10378-WGY

Dear Counsel:
The United States Attorney for the District of Massachus

Client, Christnel Orisca (“Defendant”), agree as follows, pur
Procedure 11(c)( 1):

etts (the “U.S. Attorney”) and your
suant to Federal Rule of Criminal

1. ° Change of Plea

On the earliest practicable date, Defendant will plead guilty to Counts One through Six of
the Indictment: wire fraud, aiding and abetting, in violation of 18 U.S.C. §§ 1343 and 2 (Count
One through Five); and false statements to a financial institution, aiding and abetting, in violation

of 18 U.S.C. §§ 1014 and 2 (Count Six). Defendant admits that Defendant committed the crimes
Specified in these counts and is in fact guilty of each one.

2. Penalties

Defendant faces the following maximum penalties: for wire fraud
years, supervised release for three years, and a fine of $250,000; and for false Statements to a
financial institution, incarceration for thirty years, supervised release for five years, and a fine of
$1,000,000. For both charges, Defendant also faces a mandatory special assessment of $100 per
count, restitution, and forfeiture to the extent charged in the Indictment.

, incarceration for twenty

Defendant understands that, if Defendant is not a United States citizen by birth, pleading
guilty may affect Defendant’s immigration status. Defendant agrees to plead guilty regardless of

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Case 1:24-cr-10378-JEK Document 30 Filed 11/03/25 Page 2of7

any potential immigration consequences, even if Defendant's plea results in being automatically
removed from the United States.

3, Sentencing Guidelines

The partics agrce, based on the following calculations, that Defendant's total “offense
level” under the Guidelines is 9:

a) Defendant’s base offense level is 7, because both wire fraud and false
statements to a financial institution have a Statutory maximum term of
imprisonment of 20 years or more (USSG § 2B1.1(a)(1));

b) Defendant’s offense level is increased by 6, because the value of the improper
benefits was more than $40,000 but less than $95,000 (USSG §

2B1.1(b)(1)(D));

c) Defendant’s offense level is decreased by 2, because Defendant has accepted
responsibility for Defendant’s crimes (USSG § 3E1.1); and

d) Defendant’s offense level is decreased by 2, because Defendant qualifies as a
zero-point offender (USSG § 4C1.1{a)).

Defendant understands that the Court is not required to follow this calculation or even to
sentence Defendant within the Guidelines and that Defendant may not withdraw Defendant’s
guilty plea if Defendant disagrees with how the Court calculates the Guidelines or with the
sentence the Court imposes.

Defendant also understands that the government will object to any reduction in Defendant’s
sentence based on acceptance of responsibility if: (a) at sentencing, Defendant (directly or through
counsel) indicates that Defendant does not fully accept responsibility for having engaged in the
conduct underlying each of the elements of the crimes to which Defendant is pleading guilty; or
(b) by the time of sentencing, Defendant has committed a new federal or state offense, or has in
any way obstructed justice.

If, after signing this Agreement, Defendant’s criminal history score or Criminal History

Category is reduced, the U.S. Attorney reserves the tight to seek an upward departure under the
Guidelines.

Nothing in this Pica Agreement affects the U.S. Attorney’s obligation to provide the Court
and the U.S. Probation Office with accurate and complete information regarding this case.

4, Sentence Recommendation
The U.S. Attorney agrees to recommend the following sentence to the Court:

a) incarceration at the low end of the Guidelines sentencing range as calculated by
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Case 1:24-cr-10378-JEK Document 30 Filed 11/03/25 Page 3of7

‘

the parties in Paragraph 3;

b) a fine within the Guidelines sentencing range as calculated by the parties, unless
the Court finds that Defendant is not able, and is nat likely to become able, fo
pay a fine;

c) 24 months of supervised release:

d) amandatory special assessment of $600, which Defendant must pay to the Clerk
of the Count by the date of sentencing:

&) restitution in an amount to be determined by the Court; and
f) forfeiture as set forth in Paragraph 6.
Defendant agrees that all criminal monetary penalties, including special assessment,

restitution, forfeiture, and/or fine imposed shall be due and payable immediately, and further
agrees that any Court-ordered repayment schedule does not preclude further enforcement or

collection by the United States.

5. Waiver of Appellate Rights and Challenges to Conviction or Sentence

Defendant has the right to challenge Defendant’s conviction and sentence on “direct
appeal.” This means that Defendant has the right to ask a higher court (the “appeals court”) to look
at what happened in this case and, if the appeals court finds that the trial court or the parties made
certain mistakes, overturn Defendant’s conviction or sentence. Also, in some instances, Defendant
has the right to file a separate civil lawsuit claiming that serious mistakes were made in this case
and that Defendant’s conviction or sentence should be overturned.

Defendant understands that Defendant has these rights, but now agrees fo give them up.
Specifically, Defendant agrees that:

a) Defendant will not challenge Defendant’s conviction on direct appeal or in any
other proceeding, including in a separate civil lawsuit; and

b) Defendant will not challenge Defendant's sentence, including any court orders
related to forfeiture, restitution, fines or supervised Telease, on direct appeal or
in any other proceeding, including in a separate civil lawsuit,

Defendant understands that, by agreeing to the above, Defendant is agreeing that
Defendant’s conviction and sentence will be final when the Court issues a written judgment after
the sentencing hearing in this case. That is, after the Court issues a written judgment, Defendant
will lose the right to appeal or otherwise challen ¢ Defendant’s conviction and sentence, regardless
of whether Defendant later changes Defendant’s mind or finds new information that would have

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Case 1:24-cr-10378-JEK Document 30 Filed 11/03/25 Page4of/7

led De .
0 Defendant not to agree to give up these rights in the first place.

Dd : . . .
cfendant is agreeing to give up these rights at least partly in exchange for concessions the

US, Attorney is making in this Agreement.

clai ne parties agrec that, despite giving up these rights, Defendant keeps the right to later

™ that Defendant's lawyer rendered ineffective assistance of counsel, or that the prosecutor or
a member of law enforcement involved in the case engaged in misconduct serious enough to entitle
Defendant to have Defendant’s conviction or sentence overturned.

6. Forfeiture

Defendant understands that the Court will, upon acceptance of Defendant's guilty plea,
enter an order of forfeiture as part of Defendant’s sentence, and that the order of forfeiture may
include assets directly traceable to Defendant’s offense, assets used to facilitate Defendant’s
offense, substitute assets and/or a money judgment equal to the value of the property derived from,
or otherwise involved in, the offense.

The assets to be forfeited specifically include, without limitation, the following:

a. $54,700 in United States currency, to be entered in the form of an Order of
Forfeiture (Money Judgment).

Defendant admits that $54,700 is subject to forfeiture on the grounds that it is equal to the
amount of proceeds the defendant derived from the offense.

Defendant acknowledges and agrees that the amount of the forfeiture money judgment
represents proceeds the Defendant obtained (directly or indirectly), and/or facilitating property
and/or property involved in, the crimes to which Defendant is pleading guilty and that, due at least
in part to the acts or omissions of Defendant, the proceeds or property have been transferred to, or
deposited with, a third party, spent, cannot be located upon exercise of due diligence, placed
beyond the jurisdiction of the Court, substantially diminished in value, or commingled with other
property which cannot be divided without difficulty. Accordingly, Defendant agrees that the
United States is entitled to forfeit as “substitute assets” any other assets of Defendant up to the

value of the now missing directly forfeitable assets.

Defendant agrees to consent to the entry of an order of forfeiture for such property and
waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)Q), 32.2, and 43(a)
regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the
change-of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. Defendant understands and agrees that forfeiture shall not satisfy or
affect any fine, lien, penalty, restitution, cost of imprisonment, tax liability or any other debt owed

to the United States.

Case 1:24-cr-10378-JEK Document 30 Filed 11/03/25 Page 5of7

lfthe U8, Attorney te
alter signing this Plea Agre
Defendant currently has any
has had any legal or henefic

quesis, Defendant shall deliver to the U.S. Attorney within 30 days
ement a sworn financial statement disclosing all assets in which
interest and all assets over which Defendant has exercised control, of

ial interest. Defendant further agrees to be deposed with respect fo

Defendant's assets at the request of the U.S. Attomey. Defendant agrees that the United States
Department of Probation May share any financial info

rmation about the Defendant with the United
States Attorney's Office.

dincet ear also agrees to waive all constitutional, legal, and equitable challenges ( including
appeal, habeas Corpus, or any other means) t i i i j
this Plea Agreement y ) to any forfeiture carried out in accordance with

curmency onan hereby waives and releases any claims Defendant may have to any vehicles,
, ' Personal property seized b the United i
enforcement agency and : i during ea tion and prosecution

tuned over to the United States during the investigati i
: ’ gation and prosecution
of this case, and Consents to the forfeiture of all such assets. P

7. Civil Liabili

This Plea Agreement does not affect any civil liability, including any tax liabili
Defendant has incurred or may later incur due to Defendant’

§ criminal conduct and guilty plea to
the charges specified in Paragraph 1 of this Agreement.

8, Breach of Plea Agreement

Defendant understands that if Defendant breaches any provision of this Agreement,
violates any condition of Defendant’s pre-trial release or commits any crime following
Defendant’s execution of this Plea Agreement, Defendant cannot rely upon such conduct to
withdraw Defendant’s guilty plea. Defendant’s conduct, however, would give the U.S. Attorney
the right to be released from the U.S. Attomey’s commitments under this Agreement, to pursue
any charges that were, or are to be, dismissed under this Agreement, and to use against Defendant
any of Defendant’s statements, and any information or materials Defendant provided to the
government during investigation or prosecution of Defendant’

S casé—even if the parties had
entered any earlier written or oral agreements or understandings about this issue.

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Case 1:24-cr-10378-JEK Document 30 _ Filed 11/03/25 Page 6 of 7

Defendant also understands

that if Defendant breaches any provision of this A greement of
engages in any of the aforemention

ed conduct, Defendant thereby waives any defenses hased on
the Statute of limitations, constitutional protections against pre-indictment delay, and the Speedy
Trial Act, that Defendant othervise may have had to any charges based on conduct occurring
before the date of this Agreement.

9. Who is Bound by Plea Agreement

This Agreement is only between Defendant and the U.S. Attorney for the District of
Massachusetts. Jt does not bind

the Attorney General of the United States or any other federal,
State, or locai prosecuting authoritics.

10. Modifications to Plea Agreement

This Agreement can

be modified or supplemented only in a written memorandum signed
by both parties, or through

proceedings in open court.

* * *

If this letter accurately reflects the agreement between the U.S. Attorney and Defendant,
please have Defendant sign the Acknowledgment of Plea Agreement below. Please also sign
below as Witness. Return the original of this letter to Assistant U.S. Attorney Adam Deitch.

Sincerely,

LEAH B. FOLEY
United States Attorney

By:

DUSTIN CHAO
Chief, Public Corruption Unit

(

’

ADAM W., DEITCH
Assistant U.S. Attorney

ase 1:24-cr-10378-JEK . Document 30 apriled.11/03/25 Page 7 of 7

ry ACKNOWLEDGMENT OF PLEA AGREEMENT

ave , re
ment with th this letter and discussed it with my attorney. The ULC acourateyt rere are
no Unwritten a United States Attorney’s Office for the District of Massa ino i
ments between me and the United States Attorney s Office. 4 ection Wi

ent offic}
"Y guilty mien has made any unwritten promises 07 representations to me I conn
- Thave received no prior offers to resolve this case.
ur penalties

nd the maxim
th my lawyel, and I understand

I for those
crimes, P ewtstand the crimes I am pleading guilty to, the
Ve discussed the Sentencing Guidelines wi

S€ntencj
©ing ranges that may apply.
en me, and we have had

I am satisfied with the legal representation my lawyet has giv cast me, possible

Geni .
Ough time to meet and discuss my case. We have discussed the charges aga!

defenses I might have, the terms of this Agreement and whether I should go to trial.
and because I am in fact guilty of

th I am entering into this Agreement freely and voluntarily
€ offenses. I believe this Agreement is in my best interest.

fbristnel Orisca
Defendant

Date: 10-30-2025

el Orisca has read this Agreement and that we have discussed what it
is entering into it freely, voluntarily,

understands the Agreement and
Attorney has not extended any other offers regarding a

I certify that Christin

means, I believe Mr. Orisca
and knowingly. 1 also certify that the US.

change of plea in this case.

’Vikas 5. Dhar
Attorney for Defendant

Date: 10/30/25

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