Plea Agreement & Stipulation of Facts — United States v. Sean Patrick Boyd, Jr.

Summary

A plea agreement letter dated November 16, 2023 from the U.S. Attorney's Office for the Southern District of West Virginia to Assistant Federal Public Defender Emily L. Szopinski in the criminal case against Sean Patrick Boyd, Criminal No. 2:23-cr-00123, filed as Document 37 with a stipulation of facts attached. Boyd agrees to plead guilty to the single-count indictment charging receipt of stolen money under 18 U.S.C. § 2315 and to pay restitution of $23,817.79, and waives appeal except on limited grounds. In the stipulation, Boyd agrees that he falsely represented that a fictitious business, Sean Boyd, had $99,996.00 in 2019 gross income, supported by a false Schedule C for 2019. He agrees that he received a $20,832.00 PPP loan on or about May 24, 2021 and withdrew $10,000 that day.

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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
NOV 2 2 003

November 16, 2023

Emily L. Szopinski
Assistant Federal Public Defender sean cts bist Cast
Office of the Federal Public Defender ee
300 Virginia Street, East, Room 3400

Charleston, WV 25301

Re: United States v. Sean Patrick Boyd, Jr.
Criminal No. 2:23-cr-00123 (USDC SDWV)

Dear Ms. Szopinski:

This will confirm our conversations with regard to your
client, Sean Patrick Boyd, Jr. (hereinafter “Mr. Boyd”). As a
result of these conversations, it is agreed by and between the
United States and Mr. Boyd as follows:

Li PENDING CHARGES. Mr. Boyd is charged in a single-count
indictment that charges Mr. Boyd with a violation of 18 U.S.C.
§ 2315 (receipt of stolen money).

2. RESOLUTION OF CHARGES. Mr. Boyd will plead guilty to
the single-count indictment, which charges him with a violation of
18 U.S.C. § 2315.

3. MAXIMUM POTENTIAL PENALTY. The maximum penalty to which
Mr. Boyd 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, or twice the gross pecuniary gain or
twice the gross pecuniary loss resulting from

MN

Defendant’s
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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 2

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.€. -§ 30137 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, Mr. Boyd 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. Mr. Boyd 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. Boyd 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. Boyd.

5 RESTITUTION. Notwithstanding the offense of conviction,
Mr. Boyd agrees that he owes restitution in the amount of
$23,817.79 and agrees to pay such restitution, with interest as
allowed by law, to the fullest extent financially feasible. In
aid of restitution, Mr. Boyd further agrees as follows:

(a) Mr. Boyd 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.

6

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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 3

(ob) Mr. Boyd 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. Boyd 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.

6. PAYMENT OF MONETARY PENALTIES. Mr. Boyd 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. Boyd 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. Boyd 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. Boyd 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. Boyd
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.

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Defendant’s
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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 4

Mr. Boyd 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. Boyd 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. Boyd may have counsel present except when appearing before a
grand jury.

8. USE IMMUNITY. Unless this agreement becomes void due
to a violation of any of its terms by Mr. Boyd, and except as
expressly provided for in paragraph 10 below, 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. Boyd for any violations of federal or state laws.
The United States reserves the right to prosecute Mr. Boyd 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. Boyd stipulate and agree that the facts
comprising the offense of conviction and some, but not all, of the

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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 5

relevant conduct include the facts outlined in the “Stipulation of
Facts,” a copy of which is attached hereto as “Plea Agreement
Exhibit A.”

Mr. Boyd 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
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
. Mr. Boyd or of any of his witnesses, or in rebuttal of any testimony
introduced by him or on his behalf. Mr. Boyd 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. Boyd 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. WAIVER OF APPEAL AND COLLATERAL ATTACK. Mr. Boyd
knowingly and voluntarily waives his 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(a),
except that the defendant may appeal any sentence that exceeds the
maximum penalty prescribed by statute. Mr. Boyd 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) Mr. Boyd conduct set forth in the
Stipulation of Facts (Plea Agreement Exhibit A) does not fall

5 ¢

Defendant’s
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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 6

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.

Mr. Boyd also knowingly and voluntarily waives the right to
challenge his 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.

12. WAIVER OF FOIA AND PRIVACY RIGHT. Mr. Boyd 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.

13. 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);

S%

Defendant’s
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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 7

(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. Boyd; ;

(f£) Advise the Court concerning the nature and extent of Mr.
Boyd’s cooperation; and

(g) Address the Court regarding the issue of Mr. Boyd’s
acceptance of responsibility.

14. VOIDING OF AGREEMENT. If either the United States or
Mr. Boyd 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.

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

Acknowledged and agreed to on behalf of the United States:

WILLIAM S.
United Sta

Defendant’s
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Emily L. Szopinski
November 16, 2023 Re: Sean Patrick Boyd, Jr.
Page 8

JTS/lab

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 eight-
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.

(yn. Let |- 2-22

Seadn sant Boyd, Jr. Date Signed
Defendant

i-20-25

Date Signed

mily Szopin
Assistant Federal Public Defender
Counsel for Defendant
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA

Vv. CRIMINAL NO. 2:23-cr-00123

SEAN PATRICK BOYD, JR.

STIPULATION OF FACTS

The United States and Sean Patrick Boyd, Jr. (hereinafter “I”
and “my”) stipulate and agree that the facts comprising the offense
of conviction and some, but not all, of the relevant conduct
include the following:

Coronavirus Relief Background

I agree that the Coronavirus Aid, Relief, and Economic
Security (“CARES”) Act was a federal law enacted in or around March
2020 and designed to provide emergency financial assistance to the
millions of Americans who were suffering the economic effects
caused by the COVID-19 pandemic. The CARES Act authorized the Small
Business Administration (“SBA”) to provide forgivable loans to
small businesses for job retention and certain other expenses,
through a program referred to as the Paycheck Protection Program
(“PPP”).

I agree that the PPP allowed qualifying small businesses and
other organizations to receive PPP loans. Businesses were required
to use PPP loan proceeds to cover payroll costs, interest on
mortgages, rent and utilities. The PPP allowed interest and
principal on the PPP loans to be entirely forgiven if the
businesses spent the loan proceeds to cover these expenses within
a designated time and used a certain specified percentage of the
PPP loan proceeds on payroll expenses.

I agree that to obtain a 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

“PLEA AGREEMENT EXHIBIT A”

certify that the small business was in operation on February 15,
2020.

A PPP loan application was processed by a participating
lender. If a PPP loan application was approved, the participating
lender funded the PPP loan using its own monies, which were 100%
guaranteed by the SBA.

Factual Basis for Plea

On or about April 18, 2021, I knowingly defrauded and obtained
money from a lender in Nebraska and the SBA. I applied for a PPP
loan on behalf of my purported business, “Sean Boyd.” However,
Sean Boyd was not a registered business entity in the State of
West Virginia at the time I applied for the loan.

On or about April 18, 2021, I sent my personal and banking
information to a third party, who submitted a PPP loan application
on my behalf. I knew at that time that my personal and banking
information would be used by the third party to submit the PPP
loan application. I falsely represented that Sean Boyd-a
fictitious business—received $99,996.00 in gross income during
2019 and sought a PPP loan amount of $20,832.00. I also falsely
stated that Sean Boyd was established in 2017 and in operation on
February 15, 2020. As part of my application, I submitted a false
Schedule C, Profit or Loss from Business (“IRS Form 1040”), for
the year 2019. The IRS Form 1040 falsely stated that Sean Boyd had
earned $99,996.00 in gross income during 2019. A PPP lender
approved Sean Boyd’s fraudulent application, and I received
$20,832.00 via ACH transfer from the lender in Nebraska on or about
May 24, 2021. The $20,832.00 ACH transfer traveled through
interstate commerce because the transfer originated in Nebraska
and the funds were electronically deposited in my Huntington
National bank account (Account No. XXXXXXX5017) held in Nitro,
Kanawha County, West Virginia.

On or about May 24, 2021, I entered the Nitro, West Virginia,
branch of Huntington National Bank, and I withdrew $10,000 from my
account (Account No. XXXXXXX5017). At the time I withdrew the
$10,000, I knew the money had been deposited into my account
because the lender had relied on my fraudulent loan application
documents. On May 21, 2021, which was 3 days before I received the
PPP loan ACH transfer, my account balance at Huntington National
Bank was $12.47.

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

“PLEA AGREEMENT EXHIBIT A”
2

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

Stipulated and agreed to:

Soorngans

16-27

SEAN PAR TK #OYDH JR. Date
Defendant
GL, Ht 20-23
Emily JZ. Szopihski Date

I/-2l- 23

Date

istant United States} Attorn

“PLEA AGREEMENT EXHIBIT A”
3

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