Plea Agreement — United States v. Tamir Pratt

Record facts

U.S. District Court, Southern District of West Virginia · No. 2:23-cr-00038 · Doc. 13 · 2023-04-06 · Docket on CourtListener

Full text

United States Department of Justice

United States Attorney
Southern District of West Virginia

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

Charleston, WV 25301

April 6, 2023

Paul E. Stroebel, Esq.
P.O. Box 2582
Charleston, WV 25329

Re: United States v. Tamir Pratt
Criminal No. 2:23-cr-00038 (USDC SDWV)

Dear Mr. Stroebel:

This will confirm our conversations with regard to your client, Tamir Pratt (hereinafter
“Mr. Pratt”). Asa result of these conversations, it is agreed by and between the United States and
Mr. Pratt as follows:

1. CHARGING AGREEMENT. Mr. Pratt agrees to waive his 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. Mr. Pratt 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 Mr.
Pratt 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;

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April 6, 2023 Re: Tamir Pratt

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(d) | Amandatory 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, Mr. Pratt 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. Mr. Pratt 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 Mr. Pratt 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 Mr. Pratt.

5: RESTITUTION. Notwithstanding the offense of conviction, Mr. Pratt agrees
that he owes restitution in the amount of $20,832 and agrees to pay such restitution, with interest
as allowed by law, to the fullest extent financially feasible. In aid of restitution, Mr. Pratt further
agrees as follows:

(a) Mr. Pratt 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) Mr. Pratt 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) Mr. Pratt agrees not to dispose of, transfer or otherwise encumber any real or
personal property which he currently owns or in which he holds an interest.

(d) Mr. Pratt 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 he may have in and to such property, and waives his right to
exemptions under the Federal Debt Collection Procedures Act upon levy against

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April 6, 2023 Re: Tamir Pratt
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and the sale of any such property.

(e) Mr. Pratt 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 Mr. Pratt to pay a greater or lesser sum of restitution in accordance
with law.

6. PAYMENT OF MONETARY PENALTIES. Mr. Pratt 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 his financial condition for sentencing
purposes. Mr. Pratt 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, Mr. Pratt 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.

Mr. Pratt 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, Mr. Pratt 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.

Mr. Pratt agrees that if he retains counsel or has appointed counsel in response to the United
States’ efforts to collect any monetary penalty, he 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 his attorney to notify FLP
immediately of his representation.

7. COOPERATION. Mr. Pratt 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, Mr. Pratt may have counsel present except when
appearing before a grand jury. Further, Mr. Pratt agrees to be named as an unindicted co-

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April 6, 2023 Re: Tamir Pratt
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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 Mr. Pratt, and except as expressly provided for in paragraph 10, nothing contained
in any statement or testimony provided by him pursuant to this agreement, or any evidence
developed therefrom, will be used against him, 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 Mr. Pratt for any violations of federal
or state laws. The United States reserves the right to prosecute Mr. Pratt 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 Mr. Pratt 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.”

Mr. Pratt agrees that if he withdraws from this agreement, or this agreement is voided as a
result of a breach of its terms by him, and he is subsequently tried for his 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
Mr. Pratt or of any of his witnesses, or in rebuttal of any testimony introduced by him or on his
behalf. Mr. Pratt knowingly and voluntarily waives, see United States v. Mezzanatto, 513 U.S. 196
(1995), any right he 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 Mr. Pratt 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.

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April 6, 2023 Re: Tamir Pratt
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11. AGREEMENT ON SENTENCING GUIDELINES. Based on the foregoing
Stipulation of Facts, the United States and Mr. Pratt agree that the following provisions of the
United States Sentencing Guidelines apply to this case.

USSG §2B 1.1

Base offense level 6
Loss greater than $15,000 + 4
Adjusted offense level 10

The United States and Mr. Pratt 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. Mr. Pratt
knowingly and voluntarily waives the right to seek appellate review of his 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, so long as that sentence of imprisonment, fine or term of supervised
release is below or within the Sentencing Guideline range corresponding to offense level 10,
regardless of criminal history category. Mr. Pratt also knowingly and voluntarily waives any right
to seek appellate review of any claim or argument that (1) the statute of conviction in 18 U.S.C. §
2315 is unconstitutional, and (2) Mr. Pratt’s conduct set forth in the Stipulation of Facts (Plea
Agreement Exhibit A) does not fall within the scope of 18 U.S.C. § 2315.

The United States also waives its right to seek appellate review of any sentence of
imprisonment or fine 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, so long
as that sentence of imprisonment or fine is within or above the Sentencing Guideline range
corresponding to offense level 8, regardless of criminal history category.

Mr. Pratt also knowingly and voluntarily waives the right to challenge his guilty plea and
his 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.

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April 6, 2023 Re: Tamir Pratt

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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. Mr. Pratt 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;

(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 Mr. Pratt;

(f) Advise the Court concerning the nature and extent of Mr. Pratt’s cooperation; and
(g) Address the Court regarding the issue of Mr. Pratt’s acceptance of responsibility.

15. VOIDING OF AGREEMENT. If either the United States or Mr. Pratt 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 Mr. Pratt in this matter. There are no agreements,
understandings or recommendations as to any other pending or future charges against Mr. Pratt in
any Court other than the United States District Court for the Southern District of West Virginia.

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Paul Stroebel
April 6, 2023 Re: Tamir Pratt
Page 7

Acknowledged and agreed to on behalf of the United States:

WILLIAM S. THOMPSON
United States Attorney

KATHLEEN E. ROBESON

Assistant United States Attorney

WILLIAM S. THOMPSON
United States Attorney

Assistant United States Atto

KER/dlh

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Paul Stroebel
April 6, 2023 Re: Tamir Pratt

Page 8

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
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.

Ww jane OY /0é/ 2022

Tamir Pratt ‘ Date Signéd
Defendant

VAt4.. LOE o4 | d [2-23
Paul Stroebel Date Signed

Counsel for Defendant

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FILED
MAR 2 6 29

eg on ne

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA conatiS Bel Gt
CHARLESTON SOUUERE ot of West Virginie J

UNITED STATES OF AMERICA

v. CRIMINAL NO. 2) 23 -(Cr- 90°3
18 U.S.C. § 2315

TAMIR PRATT
INFORMATION
The United States Attorney Charges:
COUNT ONE

From on or about April 24, 2021, through on or about August 9, 2021, in Charleston,
Kanawha County, West Virginia, within the Southern District of West Virginia, and elsewhere,
defendant TAMIR PRATT 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
TAMIR PRATT received proceeds of a Paycheck Protection Program fraud scheme that he knew
had been stolen and unlawfully converted and which were transferred from bank accounts located
in the State of Arizona to bank accounts and businesses in Charleston, Kanawha County, West
Virginia and elsewhere.

All in violation of Title 18, United States Code, Section 2315.

WILLIAM S. THOMPSON
United States Attorney

BY od pop ben) A0bopon

KATHLEEN ROBESON
Assistant United States Attorney

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:23-cr-00038
TAMIR PRATT
STIPULATION OF FACTS

The United States and Tamir Pratt (hereinafter “defendant”, “I’, “my”, “we” and “us”
stipulate and agree that the facts comprising the offense of conviction in the Information, include
the following:!

Coronavirus Relief Background

To obtain a Paycheck Protection Program (“PPP”) loan, a qualifying business was required to
submit a PPP loan application. The PPP loan application required the small business (through its
authorized representative) to acknowledge the program rules and make affirmative certifications that
the small business was eligible to obtain the PPP loan. In addition, businesses applying for a PPP
loan were required to provide documentation showing their prior gross income from either 2019 or
2020. Applicants also had to certify that the small business was in operation on February 15, 2020.

A PPP loan application was processed by a participating lender and the monies are guaranteed
by the Small Business Administration (“SBA”).

Defendant’s Factual Basis for Plea

From April 24, 2021, through on or about August 9, 2021, I knowingly defrauded and
obtained money from a lender in Arizona and the SBA. I applied for a PPP loan on behalf of my
purported business “Tamir Pratt.” However, Tamir Pratt was not a registered business entity in the
State of West Virginia at the time I applied for the loans, nor was Tamir Pratt engaged in substantial,
legitimate business activity on or before February 15, 2020.

At the end of April 2021, I submitted a PPP application on behalf of Tamir Pratt. I falsely
represented that Tamir Pratt—a fictitious business—received $100,000.00 in gross income during
2020 and sought a PPP loan amount of $20,832.00. I also falsely stated that Tamir Pratt was
established in 2020 and in operation on February 15, 2020. As part of my application, I submitted a
false Schedule C, Profit or Loss from Business (“Form 1040”), for the year 2019. The Form 1040
falsely stated that Tamir Pratt had earned approximately $100,000.00 in gross income during 2020.
A PPP lender approved Tamir Pratt’s fraudulent application, and I received $20,832.00 via ACH
transfer from a lender in Arizona on or about June 2, 2021. The $20,832.00 ACH transfer traveled

' This Stipulation of Facts does not contain every fact known to defendant Tamir Pratt and to the
United States concerning his involvement in the charges set forth in the Information and relevant

conduct.
PLEA AGREEMENT EXHIBIT “B”

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through interstate commerce because the transfer originated in Arizona and the funds were
electronically deposited in my bank account. I was in Charleston, West Virginia when I received the
funds in my bank account. The same day that I received the $20,832.00 ACH transfer from the lender,
Lalso withdrew approximately $1,700 of fraudulent funds from my account and then made purchases
of over $460 using the fraudulent PPP funds in Charleston, West Virginia.

A few months later, my PPP loan was forgiven even though I had not spent the loan proceeds
on permissible business expenses. The loan I obtained on Tamir Pratt’s behalf were forgiven by the
SBA on or about August 9, 2021.

The United States and I stipulate and agree that I received at least $20,832.00 in PPP funds,
which were stolen monies that I fraudulently converted. The United States and I also agree that
Charleston, Kanawha County, West Virginia is located within the Southern District of West Virginia.

Stipulated and agreed to:

MAttte— 4 yee OY [bb / 2 X28
TAMIR PRATT Date’
Defendant
[4t. fas — oF [64 (2-25
PAUL STROEBEL Date

Counsel for Defendant

Hoth Doren #4 ]5003
KATHLEEN ROBESO Date

Assistant UnitedStates Att

“STORAG Date
ssistant United States Aftor

PLEA AGREEMENT EXHIBIT “B”
2

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