Plea Agreement — United States v. Sargeant

Record facts

U.S. District Court for the District of New Jersey (Camden) · No. 1:24-cr-00360-KMW · Doc. 27 · 2024-05-23 · Docket on CourtListener

Full text

Case 1:24-cr-00360-KMW Document 27 Filed 05/23/24 Page 1 of 10 PagelD: 82

Case No. 24-cr-360-KMW

U.S. Department of Justice
United States Attorney
District of New Jersey

PHILIP R. SELLINGER 401 Market Street, Fourth Floor
United States Attorney Camden, New Jersey 08101-2098
DANIEL A. FRIEDMAN Direct Dial: 856.968.4867

Assistant United States Attorney Email: Daniel.friedman2@usdoj.gov
March 6, 2024

Gilbert J. Scutti, Esquire
504 Centennial Blvd.
PO Box 1375

Voorhees, NJ 08043

Re: Plea Agreement with Sieff Robert Sargeant

Dear Mr. Scuttt:

This letter sets forth the plea agreement between your client, Sieff Robert Sargeant, and
the United States Attorney for the District of New Jersey (“this Office”). This offer will expire
on March 29, 2024, if it is not accepted in writing by that date. If Sieff Robert Sargeant does
not accept this plea agreement, his sentencing exposure could increase beyond what is discussed

“in this plea agreement as a result of this Office’s investigation.

Charge

Conditioned on the understandings specified below, this Office will accept a guilty plea
from Sieff Robert Sargeant to a one-Count Information, which charges Sieff Robert Sargeant
with money laundering, in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i). If
Sieff Robert Sargeant enters a guilty plea and is sentenced on this charge and otherwise fully
complies with this agreement, this Office will not initiate any further criminal charges against
Sicff Robert Sargeant for his actions in obtaining a Paycheck Protection Program loan for Coach
Sargeant Training or for laundering the proceeds of that loan, as more fully described in the
District of New Jersey criminal complaint in 23-mj-2055.

But if a guilty plea in this matter is not entered for any reason or a guilty plea or
judgment of conviction entered in accordance with this agreement does not remain in full force
and effect, this Office may reinstate any dismissed charges and initiate any other charges against
Sieff Robert Sargeant even if the applicable statute of limitations period for those charges expires
after Sicff Robert Sargeant signs this agreement, and Sicff Robert Sargeant agrees not to assert
that any such charges are time-barred.
Case 1:24-cr-00360-KMW Document 27 _ Filed 05/23/24 Page 2 of 10 PagelD: 83

Sentencing

The violation of 18 U.S.C. §1956(a)(1)(A)(i) to which Sieff Robert Sargeant agrees to
plead guilty in the Information carries a statutory maximum prison sentence of 20 years and a
statutory maximum fine equal to the greatest of (1) $500,000, or twice the value of the property
involved in the transaction, whichever is greater. The prison sentence on Count One may run
consecutively to any prison sentence Sieff Robert Sargeant is serving or is ordered to serve.
Fines imposed by the sentencing judge may be subject to the payment of interest.

The sentence to be imposed upon Sieff Robert Sargeant is within the sole discretion of
the sentencing judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C. §§ 3551-
3742, and the sentencing judge’s consideration of the United States Sentencing Guidelines.
Those Guidelines are advisory, not mandatory. The sentencing judge may impose any
reasonable sentence up to and including the statutory maximum term of imprisonment and the
maximum statutory fine. This Office cannot and does not make any representation or promise as
to what Guidelines range may be found by the sentencing judge, or as to what sentence Sieff
Robert Sargeant ultimately will receive.

Sieff Robert Sargeant specifically agrees that for purposes of sentencing, uncharged
offenses and/or dismissed counts will be treated as relevant conduct pursuant to U.S.S.G. §
1B1.3, to the extent that the offenses are related to the count of conviction.

Further, in addition to imposing any other penalty on Sieff Robert Sargeant, the
sentencing judge as part of the sentence:

(1) — will order Sieff Robert Sargeant to pay an assessment of $100 pursuant to 18
U.S.C. § 3013, which assessment must be paid by the date of sentencing;

(2) must order Sieff Robert Sargeant to pay restitution pursuant to 18 U.S.C. § 3663
el seq.;

(3) may order Sieff Robert Sargeant, pursuant to 18 U.S.C. § 3555, to give reasonable
notice and explanation of the conviction to any victims of his offense;

(4) must order forfeiture, pursuant to 18 U.S.C. § 982; and

(5) pursuant to 18 U.S.C. § 3583, may require Sicff Robert Sargeant to serve a term
of supervised release of not more than 3 years, which will begin at the expiration
of any term of imprisonment imposed. Should Sicff Robert Sargeant be placcd on
a term of supervised release and subsequently violate any of the conditions of
supervised release before the expiration of its term, Sieff Robert Sargeant may be
sentenced to not more than 2 years’ imprisonment in addition to any prison term
previously imposed, regardless of the statutory maximum term of imprisonment
set forth above and without credit for time previously served on post-release
supervision, and may be sentenced to an additional term of supervised release.
Case 1:24-cr-0O0360-KMW Document27 Filed 05/23/24 Page 3 of 10 PagelD: 84

Restitution

Pursuant to the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A, Sieff Robert
Sargeant agrees to make full restitution for all losses—including the full loan amount and all
advances, origination fees, processing fees, and accrued interest—associated with the following
loan:

Loan Loan Loan
Company Type Lender Number Amount
Coach Sargeant
Training PPP KeyBank 3085908906 | $147,000.00
Forfeiture

As part of his acceptance of responsibility, and pursuant to 18 U.S.C. § 982(a)(1), Sieff
Robert Sargeant agrees to forfeit to the United States all property, real or personal, involved in the
money laundering offense charged in the Information, and all property traceable to such property.
Sieff Robert Sargeant further agrees that the aggregate value of such property was $147,000; that
one or more of the conditions set forth in 21 U.S.C. § 853(p) exists; and that the United States is
therefore entitled to forfeit substitute assets equal to the value of the property involved in the
money laundering offense charged in the Information, in an amount not to exceed $147,000 (the
“Money Judgment”). The defendant consents to the entry of an order requiring the defendant to
pay the Money Judgment, in the manner described below (the “Order”), and that the Order will be
final as to the defendant prior to sentencing, pursuant to Rule 32.2(b)(4) of the Federal Rules of
Criminal Procedure, and which may be satisfied in whole or in part with substitute asscts.

All payments madc in full or partial satisfaction of the Moncy Judgment shall be made by
postal moncy order, bank, or certified check, made payable in this instance to the United States
Marshals Service, indicating the defendant’s name and case number on the face of the check: and
shall be delivered by mail to the United States Attorney’s Office, District of New Jersey, Attn:
Asset Forfeiture and Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102. The defendant further agrees that upon entry of the Order, the United States Attorney’s
Office is authorized to conduct any discovery needed to identify, locate, or dispose of property
sufficient to pay the Money Judgment in full or in connection with any petitions filed with regard
to proceeds or substitute assets, including depositions, interrogatories, and requests for
production of documents, and the issuance of subpoenas.

Sieff Robert Sargeant waives the requirements of Rules 32.2 and 43(a) of the Federal Rules
of Criminal Procedure regarding notice of the forfeiture in the charging instrument, announcement
of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. Sieff Robert
Sargeant understands that criminal forfeiture is part of the sentence that may be imposed in this
case and waives any failure by the court to advise him of this pursuant to Rule 11(b)(1)(J) of the
Federal Rules of Criminal Procedure at the guilty plea proceeding. The defendant waives any and
all constitutional, statutory, and other challenges to the forfeiture on any and all grounds, including
that the forfeiture constitutes an excessive fine or punishment under the Eighth Amendment. It is
further understood that any forfeiture of the defendant’s assets shall not be treated as satisfaction

Case 1:24-cr-00360-KMW Document 27 _ Filed 05/23/24 Page 4 of 10 PagelD: 85

of any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon him
in addition to forfeiture.

Sieff Robert Sargeant further agrees that not later than the date he enters his plea of guilty
he will provide a complete and accurate Financial Disclosure Statement on the form provided by
this Office. If Sieff Robert Sargeant fails to provide a complete and accurate Financial Disclosure
Statement by the date he enters his plea of guilty, or if this Office determines that Sieff Robert
Sargeant has intentionally failed to disclose assets on his Financial Disclosure Statement, Sieff
Robert Sargeant agrees that that failure constitutes a material breach of this agreement, and this
Office reserves the right, regardless of any agreement or stipulation that might otherwise apply, to
oppose any downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1,
and to seek leave of the Court to withdraw from this agreement or seek other relief.

Sieff Robert Sargeant agrecs to forfcit to the United States all of his right, title, and
intcrest in the contents of the bank account described in Schedule B (“Specific Property”). Sicff
Robert Sargeant agrees the Specific Property is personal property involved in the moncy
laundcring offense sct forth in Count | of the Information or traceable to such property, and is
therefore forfcitable to the United Statcs pursuant to 18 U.S.C. § 982(a)(1). Sieff Robert
Sargeant further agrees to exccute a Stipulation and Order for Consent Scizure of Funds
permitting the seizure for forfeiture of the Specific Property on or before the date of the plea
hearing in this matter.

Rights of This Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office may take any position with
respect to the appropriate sentence to be imposed on Sieff Robert Sargeant by the sentencing
judge. This Office may also correct any misstatements relating to the sentencing proceedings
and provide the sentencing judge and the United States Probation Office all law and information
relevant to sentencing, favorable or otherwise. And this Office may inform the sentencing judge
and the United States Probation Office of: (1) this agreement; and (2) the full nature and extent
of Sieff Robert Sargeant’s activities and relevant conduct with respect to this case.

Stipulations

This Office and Sieff Robert Sargeant will stipulate at sentencing to the statements set
forth in the attached Schedule A, which is part of this plea agreement. Both parties understand
that the sentencing judge and the United States Probation Office are not bound by those
stipulations and may make independent factual findings and may reject any or all of the parties’
stipulations. Nor do these stipulations restrict the partics’ rights to respond to questions from the
Court and to correct misinformation that has been provided to the Court.

This agreement to stipulate on the part of this Office is based on the information and
evidence that this Office possesses as of the date of this agreement. Thus, if this Office obtains
or receives additional evidence or information prior to sentencing that it believes materially
conflicts with a Schedule A stipulation, that stipulation shall no longer bind this Office. A
determination that a Schedule A stipulation is not binding shall not release the parties from any
other portion of this agreement, including any other Schedule A stipulation.
Case 1:24-cr-00360-KMW Document 27 _ Filed 05/23/24 Page 5 of 10 PagelD: 86

If the sentencing court rejects a Schedule A stipulation, both parties reserve the right to
argue on appeal or at post-sentencing proceedings that the sentencing court did so properly.
Finally, to the extent that the parties do not stipulate to a particular fact or legal conclusion in this
agreement, each reserves the right to argue how that fact or conclusion should affect the
sentence.

Waiver of Appeal and Post-Sentencing Rights

As set forth in Schedule A and the paragraph below, this Office and Sieff Robert
Sargeant waive certain rights to appeal, collaterally attack, or otherwise challenge the judgment
of conviction or sentence.

Immigration Consequences

Sieff Robert Sargeant understands that, if Sieff Robert Sargeant is not a citizen of the
United States, Sieff Robert Sargeant’s guilty plea to the charged offense will likely result in Sieff
Robert Sargeant being subject to immigration proceedings and removed from the United States
by making Sieff Robert Sargeant deportable, excludable, or inadmissible, or ending Sieff Robert
Sargeant’s naturalization. Sieff Robert Sargeant understands that the immigration consequences
of this plea will be imposed in a separate proceeding before the immigration authorities. Sieff
Robert Sargeant wants and agrees to plead guilty to the charged offense regardless of any
immigration consequences of this plea, even if this plea will cause Sieff Robert Sargeant’s
removal from the United States. Sieff Robert Sargeant understands that Sieff Robert Sargeant is
bound by this guilty plea regardless of any immigration consequences. Accordingly, Sieff
Robert Sargeant waives any right to challenge the guilty plea, sentence, or both based on any
immigration consequences. Sieff Robert Sargeant also agrees not to seek to withdraw this guilty
plea, or to file a direct appeal, or any kind of collateral attack challenging the guilty plea,
conviction, or sentence, based on any immigration conscquences of the guilty plea or sentence.

Other Provisions

This agreement is limited to the United States Attorney’s Office for the District of New
Jersey and cannot bind other federal, state, or local authorities. If requested to do so, however,
this Office will bring this agreement to the attention of other prosecuting offices.

This agreement was reached without regard to any civil or administrative matters that
may be pending or commenced in the future against Sieff Robert Sargeant. So this agreement
does not prohibit the United States, any agency thereof (including the Internal Revenue Service
and Immigration and Customs Enforcement) or any third party from initiating or prosecuting any
civil or administrative proceeding against him.
Case 1:24-cr-00360-KMW Document27 Filed 05/23/24 Page 6 of 10 PagelD: 87

No provision of this agreement shall preclude Sieff Robert Sargeant from pursuing in an
appropriate forum, when permitted by law, a claim that he received constitutionally ineffective
assistance of counsel.

No Other Promises

This agreement constitutes the entire plea agreement between Sieff Robert Sargeant and
this Office and supersedes any previous agreements between them. No additional promises,
agreements, or conditions have been made or will be made unless set forth in writing and signed
by the parties.

Very truly yours,

PHILIP R. SELLINGER
United States Attorney

DM AL

By: DANIEL A. FRIEDMAN
JASON M. RICHARDSON
Assistant U.S. Attorneys

APPROVED:

SARA A. ALIABADI
Deputy Attorney-In-Charge, Camden

Case 1:24-cr-0O0360-KMW Document 27 _ Filed 05/23/24 Page 7 of 10 PagelD: 88

Thave received this letter from my attorney, Gilbert J. Scutti, Esq. I have read tt. My
attorney and I have reviewed and. discussed it and all of its provisions, including those addressing
the charge, sentencing, stipulations (including the attached Schedule A), waiver, forfeiture,
restitution, and immigration consequences. I understand this letter fully and am satisfied with my
counsel’s explanations. I accept its terms and conditions and acknowledge that it constitutes the
plea agreement between the parties. | understand that no additional promises, agreements, or
conditions have been made or will be made unless set forth in writing and signed by the parties. I
want to plead guilty pursuant to this plea agreement.

AGREED AND ACCEPTED:

hh ate 31124

I have reviewed and discussed with my client this plea agreement and all of its
provisions, including those addressing the charge, sentencing, stipulations (including the
attached Schedule A), waiver, forfeiture, restitution, and immigration consequences. My client
understands this plea agreement fully and wants to plead guilty pursuant to it.

Counsel! for Defendant

Case 1:24-cr-00360-KMW Document27 _ Filed 05/23/24 Page 8 of 10 PagelD: 89

Plea Agreement With Sieff Robert Sargeant

Schedule A

1. This Office and Sieff Robert Sargeant recognize that the United States Sentencing
Guidelines do not bind the sentencing judge. Each party nevertheless agrees to these stipulations.

2. The version of the Guidelines effective November 1, 2023 applies in this case.

3. The applicable guideline is U.S.S.G. § 2S1.1(a)(1). This guideline carries a Base
Offense Level of 15 because Sieff Robert Sargeant would be accountable for the underlying
offense of bank fraud conspiracy under subsection (a)(1)(A) of §1B1.3 (Relevant Conduct) and
the underlying offense carries a base offense level of 7 and an enhancement of 8 levels because
the fraud involved more than $95,000 and not more than $150,000.

4. Specific Offense Characteristic 2S1.1(b)(2)(B) applics because Sicff Robert
Sargeant is pleading guilty to a violation of 18 U.S.C. §1956. This results in an increase of two
levels.

5. As of the date of this letter, Sicff Robert Sargeant has clearly demonstrated a
recognition and affirmative acceptance of personal responsibility for the offense charged.
Therefore, a downward adjustment of 2 levels for acceptance of responsibility is appropriate if
Sieff Robert Sargeant’s acceptance of responsibility continues through the date of sentencing.
See U.S.S.G. § 3EI.1(a).

6. As of the date of this letter, Sicff Robert Sargeant has assisted authorities in the
investigation or prosecution of his/her own misconduct by timely notifying authorities of his
intention to cnter a plea of guilty, thereby permitting this Office to avoid preparing for trial and
permitting this Office and the court to allocate thcir resources efficiently. At sentencing, this
Office will move for a further 1-point reduction in Sicff Robert Sargeant’s offense level pursuant
to U.S.S.G. § 3E1.1(b) if the following conditions are met: (a) Sieff Robert Sargeant enters a
plea pursuant to this agreement, (b) this Office, in its discretion, determines that Sieff Robert
Sargeant’s acceptance of responsibility has continued through the date of sentencing and Sieff
Robert Sargeant therefore qualifies for a 2-point reduction for acceptance of responsibility
pursuant to U.S.S.G. § 3E1.1(a), and (c) Sieff Robert Sargeant’s offense level under the
Guidelines prior to the operation of § 3E1.1(a) is 16 or greater.

7. If Sieff Robert Sargeant establishes at sentencing that he both has no criminal
history points and meets the other criteria in U.S.S.G. § 4C1.1, he will be entitled to a further
two-level reduction in his offense level.

8. Accordingly, the parties agree that the total Guidelines offense level applicable to
Sieff Robert Sargeant (“Total Offense Level’’) is:

a. 14, if Sieff Robert Sargeant does not meet the criteria in U.S.S.G. §
4Cl.1; or
Case 1:24-cr-O0360-KMW Document 27 _ Filed 05/23/24 Page 9 of 10 PagelD: 90

b. 12, if Sieff Robert Sargeant meets the criteria in U.S.S.G. § 4C1.1,
because Sieff Robert Sargeant would deserve a 2-level reduction under
that provision.

9. The parties agree not to advocate for any upward or downward adjustment or
departure from the Guidelines range resulting from (a) the Total Offense Level and (b) the
criminal history category that the sentencing judge applies under Chapter 4 of the Guidelines
without any departure or variance. But each party may seek a variance from that Guidelines
range, which the other party may oppose.

10. ‘If the term of imprisonment does not exceed 21 months, and except as specified in
the next paragraph below, Sieff Robert Sargeant will not challenge or seek to reduce by any
means any component of the sentence imposed by the sentencing judge for any reason other than
ineffective assistance of counsel. The term “any means” includes a direct appeal under 18
U.S.C. § 3742 or 28 U.S.C. § 1291, a motion to vacate the sentence under 28 U.S.C. § 2255, a
motion to reduce the term of imprisonment under 18 U.S.C. § 3582(c)(1)(B) or (c)(2), a motion
for early termination of supervised release under 18 U.S.C. § 3583(e)(1), and any other appeal,
motion, petition, or writ, however captioned, that seeks to attack or modify any component of the
sentence. If the term of imprisonment is at least 10 months, this Office will not challenge by
appeal, motion, or writ any component of the sentence imposed by the sentencing judge. The
provisions of this paragraph bind the parties even if the sentencing judge employs a Guidelines
analysis different from the one above.

11. Both parties reserve the right to file or to oppose any appeal, collateral attack, writ
or motion not barred by the preceding paragraph or any other provision of this plea agreement.
Moreover, the preceding paragraph does not apply to:

(a) Any procccding to revoke the term of superviscd release.

(b) A motion to reduce the term of imprisonment under 18 U.S.C.
§ 3582(c)(1)(A).

(c) An appeal from the denial of a § 3582(c)(1)(A) motion on the grounds that
the court erred in finding no extraordinary and compelling circumstances
warranting a reduced term of imprisonment or that the court failed to
consider those circumstances as a discretionary matter under the

applicable factors of 18 U.S.C. § 3553(a).
Case 1:24-cr-00360-KMW Document 27 _ Filed 05/23/24 Page 10 of 10 PagelD: 91

+

Plea Agreement with Sieff Robert Sargeant

Schedule B — Specific Property to be Forfeited

e The contents of an account at KeyBank ending in -5313 in the name of Coach Sargeant
Training LLC.

10

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