Plea Agreement — United States v. Havana (Dkt. 13, E.D. Va.)

Summary

A plea agreement in United States of America v. Seir Robinson Havana, No. 1:22-CR-00116, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, filed July 20, 2022 under Rule 11 of the Federal Rules of Criminal Procedure. Havana agrees to waive indictment and plead guilty to a two-count Criminal Information. Count One charges conspiracy to defraud the United States and to commit wire fraud under 18 U.S.C. § 1343, in violation of 18 U.S.C. § 371, with a maximum of 5 years of imprisonment and a $250,000 fine; Count Two charges money laundering, with a maximum of 20 years. The agreement sets out the remaining terms and closes with the statement of defense counsel Edward M. Robinson that the decision is informed and voluntary.

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Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 1 of 22 PagelD# 36

                                                                                   ED
                                                                              IN OPEN COURT

                  IN THE UNITED STATES DISTRICT COURT FOR TH TERK, U.S. S. D DISTRICT COURT
                                                                                \     VIRGIN
                            EASTERN DISTRICT OF VIRGINIA             LeBel

                                    Alexandria Division

 UNITED STATES OF AMERICA

        V.                                         No. 1:22-CR-00116

 SEIR ROBINSON HAVANA,

        Defendant.

                                   PLEA AGREEMENT

       Jessica D. Aber, United States Attorney for the Eastern District of Virginia; undersigned

counsel for the United States; the defendant, Seir Robinson Havana; and the defendant’s counsel

have entered into an agreement pursuant to Rule 11 of the Federal Rules of Criminal Procedure.

The terms of this Plea Agreement are as follows:

       i.     Offense and Maximum Penalties

       The defendant agrees to waive indictment and plead guilty to a two count Criminal

Information. Count One charges the defendant with conspiracy to defraud the United States and

conspiracy to commit an offense against the United States, specifically wire fraud, contrary to 18

U.S.C. § 1343, all in violation of 18 U.S.C. § 371. The maximum penalties for this offense are: a

term of 5 years of imprisonment, a fine of $250,000, full restitution, forfeiture of assets as

outlined below, a special assessment pursuant to 18 U.S.C § 3013, and a maximum supervised

release term of 3 years. Count Two charges the defendant with money laundering, in violation of

18 U.S.C. §195¢ The maxim penalties for this offense are: a maximum term of 20 years of

imprisonment, a fine of $500,000 or twice the value of the property involved in the transaction,

full restitution, forfeiture of assets as outlined below, a special assessment pursuant to 18 U.S.C.

§ 3013, and a maximum supervised release term of 3 years. The defendant understands that

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AIT Document 13 Filed 07/20/22 Page 2 of 22 PagelD# 37


Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 3 of 22 PagelD# 38

any supervised release term is in addition to any prison term the defendant may receive, and that
a violation of a term of supervised release could result in the defendant being returned to prison
for the full term of supervised release. The defendant also agrees to waive any challenge to
venue in this district. .
2. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offenses. The defendant admits the facts set forth in the Statement of Facts filed with this Plea
Agreement and agrees that those facts establish guilt of the offenses charged beyond a reasonable
doubt. The Statement of Facts, which is hereby incorporated into this Plea Agreement,
constitutes a stipulation of facts for purposes of Section 1B1.2(c) of the Sentencing Guidelines.
3. Assistance and Advice of Counsel
The defendant is satisfied that the defendant’s attorney has rendered effective assistance.
The defendant understands that by entering into this Plea Agreement, defendant surrenders
certain rights as provided in this agreement. The defendant understands that the rights of
criminal defendants include the following:
a. the right to plead not guilty and to persist in that plea;
b. the right to a jury trial;

c. the right to be represented by counsel—and, if necessary, have the court
appoint counsel—at trial and at every other stage of the proceedings; and

d. the right at trial to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance of witnesses.

4, Sentencing Guidelines, Recommendations, and Roles
The defendant understands that the Court has jurisdiction and authority to impose any

sentence within the statutory maximum described above, but that the Court will determine the

Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 4 of 22 PagelD# 39

defendant’s actual sentence in accordance with 18 U.S.C. § 3553(a). The defendant understands
that the Court has not yet determined a sentence and that any estimate of the advisory sentencing
range under the U.S. Sentencing Commission’s Sentencing Guidelines Manual the defendant
may have received from the defendant’s counsel, the United States, or the Probation Office, is a
prediction, not a promise, and is not binding on the United States, the Probation Office, or the
Court. Additionally, pursuant to the Supreme Court’s decision in United States v. Booker, 543
U.S. 220 (2005), the Court, after considering the factors set forth in 18 U.S.C. § 3553(a), may
impose a sentence above or below the advisory sentencing range, subject only to review by
higher courts for reasonableness. The United States makes no promise or representation
concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty
plea based upon the actual sentence.

Further, in accordance with Federal Rule of Criminal Procedure 11(c)(1)(B), the United
States and the defendant stipulate and will recommend to the Court that the following provisions

of the Sentencing Guidelines apply:

Guideline(s) Description Offense Level
§ 2S1.1(a)(1)(A) & (B) Base offense level (money laundering/ 7
§ 2B1.1(a)(1)(B) Base offense level (wire fraud)
Loss is more than $25,000,000 but not
§2B1.1(a)(BYL) more than $65,000,000 22
If the defendant was convicted under 18
§ 281.1(b)(2)(A) US.C. § 1957 . 4

Additionally, the United States and the defendant agree that the United States will not
seek the application of the following Sentencing Guidelines section:

e §2B1.1(10)(C): 2 point enhancement for sophisticated means.


Case 1:22-cr-00116-AJT Document13 Filed 07/20/22 Page 5 of 22 PagelD# 40

The United States and the defendant further agree that the defendant has assisted the
government in the investigation and prosecution of the defendant’s own misconduct by timely
notifying authorities of the defendant’s intention to enter a plea of guilty, thereby permitting the
government to avoid preparing for trial and permitting the government and the Court to allocate
their resources efficiently. If the defendant qualifies for a two-level decrease in offense level
pursuant to U.S.S.G. § 3E1.1(a) and the offense level prior to the operation of that section is a
level 16 or greater, the government agrees to file, pursuant to U.S.S.G. § 3E1.1(b), a motion prior
to, or at the time of, sentencing for an additional one-level decrease in the defendant’s offense
level.

The United States and the defendant have not agreed on any further sentencing issues,
whether related to the Sentencing Guidelines or the factors listed in 18 U.S.C. § 3553(a), other
than those set forth above or elsewhere in this Plea Agreement. Any stipulation on a Guidelines
provision does not limit the parties’ arguments as to any other Guidelines provisions or
sentencing factors under Section 3553(a), including arguments for a sentence within or outside
the advisory Guidelines range found by the Court at sentencing.

5. Waiver of Appeal, FOIA, and Privacy Act Rights

The defendant also understands that 18 U.S.C. § 3742 affords a defendant the right to
appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal
the conviction and any sentence within the statutory maximum described above (or the manner in
which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any
ground whatsoever other than an ineffective assistance of counsel claim that is cognizable on
direct appeal, in exchange for the concessions made by the United States in this Plea Agreement.

This agreement does not affect the rights or obligations of the United States as set forth in 18

Case 1:22-cr-00116-AJT Document13 Filed 07/20/22 Page 6 of 22 PagelD# 41

U.S.C. § 3742(b). The defendant also hereby 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 limitation
any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the
Privacy Act, 5 U.S.C. § 552a.

6. Immunity from Further Prosecution in This District

The United States will not further criminally prosecute the defendant in the Eastern
District of Virginia for the specific conduct described in the Information or Statement of Facts.
This Plea Agreement and Statement of Facts does not confer on the defendant any immunity
from prosecution by any state government in the United States.

7. Defendant’s Cooperation

The defendant agrees to cooperate fully and truthfully with the United States, and provide
all information known to the defendant regarding any criminal activity as requested by the
government. In that regard:

a. The defendant agrees to testify truthfully and completely at any grand
juries, trials or other proceedings.

b. The defendant agrees to be reasonably available for debriefing and pre-
trial conferences as the United States may require.

c. The defendant agrees to provide all documents, records, writings, or
materials of any kind in the defendant’s possession or under the
defendant’s care, custody, or control relating directly or indirectly to all
areas of inquiry and investigation.

d. The defendant agrees that, at the request of the United States, the
defendant will voluntarily submit to polygraph examinations, and that the
United States will choose the polygraph examiner and specify the
procedures for the examinations.

e. The defendant agrees that the Statement of Facts is limited to information
to support the plea. The defendant will provide more detailed facts
relating to this case during ensuing debriefings.

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f. The defendant is hereby on notice that the defendant may not violate any
federal, state, or local criminal Jaw while cooperating with the
government, and that the government will, in its discretion, consider any
such violation in evaluating whether to file a motion for a downward
departure or reduction of sentence.

g. Nothing in this agreement places any obligation on the government to seek
the defendant’s cooperation or assistance.

8. Use of Information Provided by the Defendant Under This Agreement

The United States will not use any truthful information provided pursuant to this
agreement in any criminal prosecution against the defendant in the Eastern District of Virginia,
except in any prosecution for a crime of violence or conspiracy to commit, or aiding and
abetting, a crime of violence (as defined in 18 U.S.C. § 16). Pursuant to U.S.S.G. § 1B1.8, no
truthful information that the defendant provides under this agreement will be used in determining
the applicable guideline range, except as provided in Section 1B1.8(b). Nothing in this
agreement, however, restricts the Court’s or Probation Officer’s access to information and
records in the possession of the United States. Furthermore, nothing in this agreement prevents
the government in any way from prosecuting the defendant should the defendant knowingly
provide false, untruthful, or perjurious information or testimony, or from using information
provided by the defendant in furtherance of any forfeiture action, whether criminal or civil,
administrative or judicial. The United States will bring this agreement and the full extent of the
defendant’s cooperation to the attention of other prosecuting offices if requested.

9. Prosecution in Other Jurisdictions

The U.S. Attorney’s Office for the Eastern District of Virginia will not contact any other
state or federal prosecuting jurisdiction and voluntarily turn over truthful information that the
defendant provides under this agreement to aid a prosecution of the defendant in that jurisdiction.

Should any other prosecuting jurisdiction attempt to use truthful information the defendant

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provides pursuant to this agreement against the defendant, the U.S. Attorney’s Office for the
Eastern District of Virginia agrees, upon request, to contact that jurisdiction and ask that
jurisdiction to abide by the immunity provisions of this agreement. The parties understand that
the prosecuting jurisdiction retains the discretion over whether to use such information.

10. Defendant Must Provide Full, Complete, and Truthful Cooperation

This agreement is not conditioned upon charges being brought against any other
individual. This agreement is not conditioned upon any outcome in any pending investigation.
This agreement is not conditioned upon any result in any future prosecution that may occur
because of the defendant’s cooperation. This agreement is not conditioned upon any result in
any future grand jury presentation or trial involving charges resulting from this investigation.
This agreement is conditioned upon the defendant providing full, complete, and truthful
cooperation.

11. Motion for a Downward Departure

. The parties agree that the United States reserves the right to seek any departure from the

applicable sentencing guidelines, pursuant to Section 5K1.1 of the Sentencing Guidelines and
Policy Statements, or any reduction of sentence pursuant to Rule 35(b) of the Federal Rules of
Criminal Procedure, if, in its sole discretion, the United States determines that such a departure
or reduction of sentence is appropriate. In addition, the defendant understands that the Court—
not the United States—will decide what, if any, reduction in sentence is appropriate.

Furthermore, the proceeding established by the Plea Agreement section titled Breach of
the Plea Agreement and Remedies does not apply to the decision of the United States whether to
file a motion based on “substantial assistance” as that phrase is used in Rule 35(b) of the Federal

Rules of Criminal Procedure and Section 5K1.1 of the Sentencing Guidelines and Policy

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Statements. As noted above, the defendant agrees that the decision whether to file such a motion
rests in the sole discretion of the United States. In addition, should the defendant violate the Plea
Agreement, as defined in Breach of the Plea Agreement and Remedies, or should the defendant
violate this Cooperation Agreement, the United States will be released from its obligations under
either agreement, including any obligation to seek a downward departure or a reduction in
sentence. The defendant, however, may not withdraw the guilty plea entered pursuant to the Plea
Agreement.

12. Payment of Monetary Penalties

The defendant understands and agrees that, pursuant to 18 U.S.C. § 3613 and 18 U.S.C.
§ 3572, all monetary penalties imposed by the Court, including restitution, will be due
immediately and subject to immediate enforcement by the United States as provided for in
Section 3613. If the Court imposes a schedule of payments, the defendant understands that the
schedule of payments is 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. Until all
monetary penalties are paid in full, the defendant will be referred to the Treasury Offset Program
so that any federal payment or transfer of returned property to the defendant will be offset and
applied to pay the defendant’s unpaid monetary penalties. If the defendant is incarcerated, the
defendant agrees to participate voluntarily in the Bureau of Prisons’ Inmate Financial
Responsibility Program, regardless of whether the Court specifically directs participation or
imposes a schedule of payments. Defendant agrees to make good-faith efforts toward payment

of all monetary penalties imposed by the Court.

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13. Special Assessment

Before sentencing in this case, the defendant agrees to pay a mandatory special
assessment of $100 per felony count of conviction, pursuant to 18 U.S.C. § 3013(a)(2)(A).

14. _—‘ Restitution

The defendant agrees that restitution is mandatory pursuant to 18 U.S.C. § 3663A(c)(1),
and the defendant agrees to the entry of a Restitution Order for the full amount of the victims’
losses as determined by the Court. Pursuant to 18 U.S.C. § 3663A(c)(2), the defendant further
agrees that an offense listed in Section 3663A(c)(1) gave rise to this Plea Agreement and, as
such, victims of the conduct described in the charging instrument, Statement of Facts, or any
related or similar conduct shall be entitled to restitution. Without limiting the amount of
restitution that the Court must impose, the parties agree that, at a minimum, the following

victims have suffered the losses identified below and are entitled to restitution:

Victim Name and Address Restitution Amount
Financial Institution-1 $99,654
Financial Institution-2 $10,281,150
| Financial Institution-3 $3,350,512
Financial Institution-4 $8,954,035
Financial Institution-6 $1,121,972
Internal Revenue Service (IRS) $19,235,273
TOTAL $43,942,595

In this case, the defendant voluntarily surrendered to the United States a number of
cashier’s checks that made payable to various entities under his control prior to the entry of his
guilty plea. The defendant wishes to make a substantial payment of his anticipated restitution
obligation prior to sentencing. The checks include the following:

a) One cashier’s check surrendered by the defendant ending in x3047 dated August 8,
2020, made payable to Summerwind Management for $1,367,911.03;

Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 11 of 22 PagelD# 46

b) One cashier’s check surrendered by the defendant ending in x1229 dated October
21, 2020, made payable to Summerwind Management for $144,389.00;

c) One cashier’s check surrendered by the defendant ending in x0120 dated November
27, 2020, made payable to Seir & Sire, Inc. for $190,684.80;

d) One cashier’s check surrendered by the defendant ending in X8810 dated January
4, 2021, made payable to Summerwind Management for $ 566,666.70;

e) One cashier’s check surrendered by the defendant ending in X0237 dated April 27,
2021, made payable to Summerwind Management for $ 92,340.00.

The parties seek to have the above amounts, which were surrendered to the government by the
defendant, to be credited towards his restitution obligation. However, the Clerk of the Court has
advised it will not be able to accept the prepayment of restitution without a Court Order
authorizing it to accept the payment prior to sentencing. To facilitate the prepayment of the
defendant’s obligation, the parties will jointly move the Court for the entry of such an Order
prior to sentencing.

The defendant understands that forfeiture and restitution are separate and distinct
financial obligations that must be imposed upon a criminal defendant. The defendant further
understands that restitution will be enforced pursuant to 18 U.S.C. § 3572, 18 U.S.C. § 3613, and
18 U.S.C. § 3664(m).

The parties acknowledge that determination of the identities, addresses, and loss amounts
for all victims in this matter is a complicated and time-consuming process. To that end,
defendant agrees that, pursuant to 18 U.S.C. § 3664(d)(5), the Court may defer the imposition of
restitution until after the sentencing; however, defendant specifically waives the 90-day
provision found at Section 3664(d)(5) and consents to the entry of any orders pertaining to

restitution after sentencing without limitation.

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For restitution payable to the Internal Revenue Service, the defendant agrees that
restitution is due and payable immediately after the judgment is entered and is subject to
immediate enforcement, in full, by the United States. If the Court imposes a schedule of
payments, defendant agrees that the schedule of payments is a schedule of the minimum payment
due, and that the payment schedule does not prohibit or limit the methods by which the United
States may immediately enforce the judgment in full. The IRS will use the amount of restitution
ordered as the basis for a civil assessment under 26 U.S.C. § 6201(a)(4). Defendant does not
have the right to challenge the amount of this restitution-based assessment. See 26 U.S.C. §
6201(a)(4)(C). Neither the existence of a restitution payment schedule nor defendant's timely
payment of restitution according to that schedule will preclude the IRS from immediately
collecting the full amount of the restitution-based assessment.

Defendant is entitled to receive credit for restitution paid pursuant to this plea agreement
against those assessed civil tax liabilities due and owing for the same periods for which
restitution was ordered. Defendant understands and agrees that the plea agreement does not
resolve the civil tax liabilities, that the IRS may seek additional interest and penalties from
defendant relating to the conduct covered by this plea agreement and for conduct relating to
another time period, and that satisfaction of the restitution debt does not settle, satisfy, or
compromise defendant’s obligation to pay any remaining civil tax liability. Defendant authorizes
release of information to the IRS for purposes of making the civil tax and restitution based
assessments.

Defendant understands that he is not entitled to credit with the IRS for any payment until

the payment is received by the IRS.

11

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If full payment cannot be made immediately, defendant agrees to make a complete and
accurate financial disclosure to the IRS on forms prescribed by the IRS (including, but not
limited to, IRS Form 433-A and Form 433-B, as appropriate), and to disclose to the IRS any and
all additional financial information and financial statements provided to the probation office.
Defendant also agrees to provide the above-described information to the probation office.

Defendant agrees to send all payments made pursuant to the court's restitution order to
the Clerk of the Court. With each payment to the Clerk of the Court made pursuant to the
District Court's restitution order, defendant will provide the following information: (a)
defendant's name and Social Security number; (b) the District Court and the docket number
assigned to this case; (c) tax year(s) or period(s) for which restitution has been ordered; and (d) a
statement that the payment is being submitted pursuant to the District Court's restitution order.
Defendant agrees to include a request that the Clerk of the Court send the information, along
with Defendant's payments, to the IRS address below:

IRS - RACS

Attn: Mail Stop 6261, Restitution

333 W. Pershing Ave.

Kansas City, MO 64108
Defendant also agrees to send a notice of any payments made pursuant to this agreement,
including the information listed in the previous paragraph, to the IRS at that same address.

15. Forfeiture Agreement

Throughout the course of the investigation, the United States seized over $11,800,000
from bank accounts that contained PPP loan fraud proceeds, including accounts the defendant

controlled. Additionally, the defendant voluntarily surrendered cashier’s checks worth over

$3,250,000 containing PPP loan fraud proceeds.

12

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The defendant understands that the forfeiture of assets is part of the sentence that must be

imposed in this case. The defendant agrees to forfeit all interests in any fraud-related asset that

the defendant owns or over which the defendant exercises control, directly or indirectly. This

includes any property that is traceable to, derived from, fungible with, or a substitute for the

following: assets constituting the proceeds of the conspiracy and scheme. The defendant agrees

that the assets subject to forfeiture include, but are not limited to, the following specific property:

a)

b)

c)

d)

8)

h)

Jd)

k)

1)

A monetary judgment in the amount of at least $10,154,360, representing the
proceeds the defendant personally obtained from the wire fraud scheme;

$67.05 seized from the Company 2 account ending with x8250 at Financial
Institution - 2;

$125,025.67 seized from the Mana Tax Services, Inc. account ending with x9865
at Financial Institution-2;

$681.04 seized from the Gulfstream Exchange Incorporated account ending with
x7154 at Financial Institution - 2;

$100,000 seized from the Company 11 account ending with x8879 at Financial
Institution - 4;

$642.93 seized from the Community Investment Corporation account ending with
x7575 at Financial Institution - 4;

$734,137.98 seized from the Gulfstream Exchange Inc. account ending with
x5688 at Financial Institution - 4;

$95,953.63 seized from the Company 15 account ending with x5182 at Financial
Institution - 4;

$33,408.05 seized from the Company 17 account ending with x1877 at Financial
Institution - 4;

$2,042.56 seized from the Gulfstream Exchange Incorporated account ending with
x9692 at Financial Institution - 6;

$394.42 seized from the Seir & Sire Inc. account ending with x5639 at Financial
Institution - 6;

One cashier’s check surrendered by the defendant dated May 16, 2020, from Seir
Havana and made payable to Gulfstream Exchange Incorporated for $100,000.00;

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m) One cashier’s check surrendered by the defendant ending in 1092 dated June 15,
2020, from Seir Havana and made payable to Gulfstream Exchange Incorporated
for $150,000.00;

n) One cashier’s check surrendered by the defendant ending in 1091 dated June 15,
2020, from Seir Havana and made payable to Gulf Exchange Incorporated for
$150,000.00;

0) One cashier’s check surrendered by the defendant dated July 7, 2020, from
Company 24 and made payable to Summerwind Management for $554,883.90;

p) One cashier’s check surrendered by the defendant dated August 3, 2020, from
Company 26, and made payable to Summerwind Management for $330,000.00;

q) One cashier’s check surrendered by the defendant ending in 2657 dated August 31,
2020, from CIC Global Inc. and made payable to Summerwind Management for
$200,000.00;

r) One cashier’s check surrendered by the defendant ending in 2656 dated August 31,
2020, from CIC Global Inc. and made payable to Summerwind Management in the
amount of $200,000.00;

s) One cashier’s check surrendered by the defendant dated January 26, 2021, from
Seir Havana and made payable to Gulfstream Exchange Incorporated in the amount
of $200,000.00;

t) One cashier’s check surrendered by the defendant dated February 17, 2021, from
Community Investment Corp. and made payable to CIC Global in the amount of
$770,000.00.00;

u) One cashier’s check surrendered by the defendant dated February 25, 2021, from
Company 16 and made payable to Summerwind Management in the amount of
$598,000.00;

v) One cashier’s check surrendered by the defendant dated April 12, 2021, from
Financial Institution - 4 and made payable to Company 28 in the amount of
$1,000.00;
The defendant understands that if the assets subject to forfeiture are not available to the
United States to be forfeited, the Court must enter a forfeiture money judgment in the amount of

the unavailable assets. United States v. Blackman, 746 F.3d 137 (4th Cir. 2014). The defendant

acknowledges that as a result of defendant’s acts or omissions, the actual proceeds the defendant

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obtained as a result of the offense (maximum amount being $10,154,360) are not available and
the defendant stipulates that one or more of the factors listed at 21 U.S.C. § 853(p)(1) are present
in this case.

The defendant further agrees to waive all interest in the asset(s) in any administrative or
judicial forfeiture proceeding, whether criminal or civil, state or federal. The defendant agrees to
consent to the entry of orders of forfeiture for such property and waives the requirements of
Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the
charging instrument, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. Defendant admits and agrees that the conduct described in the
charging instrument and Statement of Facts provides a sufficient factual and statutory basis for
the forfeiture of the property sought by the government.

16. Waiver of Further Review of Forfeiture

The defendant further agrees to waive all constitutional and statutory challenges to
forfeiture in any manner (including direct appeal, habeas corpus, or any other means) to any
forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the
forfeiture constitutes an excessive fine or punishment. The defendant also waives any failure by
the Court to advise the defendant of any applicable forfeiture at the time the guilty plea is
accepted as required by Rule 11(b)(1)(J). The defendant agrees to take all steps as requested by
the United States to pass clear title to forfeitable assets to the United States, and to testify
truthfully in any judicial forfeiture proceeding. The defendant understands and agrees that all

property covered by this agreement is subject to forfeiture as proceeds of illegal conduct.

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17. The Defendant’s Obligations Regarding Assets and Financial Investigation

The defendant agrees to fully participate in the United States’ pre- and post-judgment
financial investigation. Such participation includes the identification of assets in which the
defendant has any legal or equitable interest to determine what assets may be available for
payment to restitution, forfeiture, and/or any fine imposed in this case. The defendant agrees that
the defendant’s financial information is subject to investigation and disclosure pre-judgment to
the same extent as financial information will be subject to discovery after judgment is imposed.
The defendant understands that 31 U.S.C. § 3711(h)(1) permits the United States to obtain the
defendant’s credit report after sentencing and expressly authorizes the United States to obtain the
defendant’s credit report prior to sentencing in this case. The defendant understands that the
United States has sole discretion over whether it will obtain defendant’s credit report pursuant to
this Plea Agreement. If the United States determines that it will obtain defendant’s credit report
prior to sentencing pursuant to this Plea Agreement, the defendant authorizes the United States,
and the United States agrees, to provide a copy to defense counsel upon request. The defendant
understands that failure to participate in the financial investigation as described in this paragraph
may constitute the defendant’s failure to accept responsibility under U.S.S.G § 3E1.1.

Within 14 days of a request by the United States, or other deadline agreed upon by the
parties, the defendant agrees to provide all information about all of the defendant’s assets and
financial interests to the United States and the Probation Office and, if requested, submit to a
debtor’s examination, complete a financial disclosure statement under penalty of perjury, and/or
undergo any polygraph examination the United States may choose to administer concerning such
assets and financial interests. The defendant also agrees to provide or consent to the release of

the defendant’s tax returns for the previous five years. The defendant understands that assets and

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financial interests subject to disclosure include assets owned or held directly or indirectly,
individually or jointly, in which the defendant has any legal interests, regardless of title,
including any interest held or owned under any other name, trusts, and/or business entities
presently and since date of the first offense giving rise to this Plea Agreement, or giving rise to
the charges presently pending against the defendant, whichever is earlier.

The defendant shall identify all assets valued at more than $5,000 that have been
transferred to third parties since the date of the first offense giving rise to this Plea Agreement,
including the location of the assets and the identities of third parties to whom they were
transferred. The defendant agrees not to transfer any assets valued at more than $5,000 without
approval of the Asset Recovery Unit of the U.S. Attomey’s Office until the fine, forfeiture, and
restitution ordered by the Court at sentencing are paid in full or otherwise terminated by
operation of law. The defendant agrees to take all steps requested by the United States to obtain
from any other parties by any lawful means any records of assets contemplated by this paragraph
in which the defendant has or had an interest. Until the fine, forfeiture, and restitution ordered
by the Court are paid in full or otherwise terminated by operation of law, the defendant agrees to
notify the Asset Recovery Unit of the U.S. Attorney’s Office of a change in address within 30
days of such change.

The United States will not use any truthful and complete information provided by the
defendant pursuant to this paragraph for additional criminal offenses against the defendant in the
Eastern District of Virginia, except in any prosecution for a crime of violence or conspiracy to
commit, or aiding and abetting, a crime of violence (as defined in 18 U.S.C. § 16). Pursuant to
U.S.S.G. § 1B1.8, no truthful information that the defendant provides pursuant to defendant’s

obligations under this paragraph will be used in determining the applicable guideline range,

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Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 19 of 22 PagelD# 54

except as provided in Section 1B1.8(b). Nothing in this agreement, however, restricts the
Court’s or Probation Officer’s access to information and records in the possession of the United
States. Furthermore, nothing in this agreement prevents the United States in any way from
prosecuting the defendant should the defendant knowingly provide false, untruthful, or
perjurious information or testimony, or from using information provided by the defendant in
furtherance of any forfeiture action or restitution enforcement action, whether criminal or civil,
administrative or judicial.

18. Breach of the Plea Agreement and Remedies

This Plea Agreement is effective when signed by the defendant, the defendant’s attorney,
and an attorney for the United States. The defendant agrees to entry of this Plea Agreement at
the date and time scheduled with the Court by the United States (in consultation with the
defendant’s attorney). If the defendant withdraws from this agreement, or commits or attempts
to commit any additional federal, state, or local crimes, or intentionally gives materially false,
incomplete, or misleading testimony or information, or otherwise violates any provision of this

agreement, then:
‘ a. The United States will be released from its obligations under this
agreement. The defendant, however, may not withdraw the guilty plea
entered pursuant to this agreement.

b. The defendant will be subject to prosecution for any federal criminal
violation, including, but not limited to, perjury and obstruction of justice,
that is not time-barred by the applicable statute of limitations on the date
this agreement is signed. Notwithstanding the subsequent expiration of
the statute of limitations, in any such prosecution, the defendant agrees to
waive any statute-of-limitations defense.

c. Any prosecution, including the prosecution that is the subject of this
agreement, may be premised upon any information provided, or
statements made, by the defendant, and all such information, statements,
and leads derived therefrom may be used against the defendant. The
defendant waives any right to claim that statements made before or after
the date of this agreement, including the Statement of Facts accompanying

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Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 20 of 22 PagelD# 55

this agreement or adopted by the defendant and any other statements made
pursuant to this or any other agreement with the United States, should be
excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. 11(8),
the Sentencing Guidelines, or any other provision of the Constitution or
federal law.

Any alleged breach of this agreement by either party shall be determined by the Court in
an appropriate proceeding at which the defendant’s disclosures and documentary evidence shall
be admissible and at which the moving party shall be required to establish a breach of this Plea
Agreement by a preponderance of the evidence.

19. Nature of the Agreement and Modifications

This written agreement constitutes the complete plea agreement between the United
States, the defendant, and the defendant’s counsel. The defendant and the defendant’s attorney
acknowledge that no threats, promises, or representations have been made, nor agreements
reached, other than those set forth in writing in this Plea Agreement or any associated documents

filed with the Court, to cause the defendant to plead guilty. Any modification of this Plea

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Case 1:22-cr-00116-AJT Document 13 Filed 07/20/22 Page 21 of 22 PagelD# 56

Agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement

signed by all parties.

By:

Jessica D. Aber
United States Attorney

K G1 Lh

Kimberly M. Shartar
Kimberly R. Pedersen
Assistant United States Attorneys

David Zisserson
Assistant Chief, Tax Division
U.S. Department of Justice

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Case 1:22-cr-00116-AJT Document13 Filed 07/20/22, Page 22 of 22 PagelD# 57

Defendant’s Signature: I hereby agree that I have consulted with my attorney and fully
understand all rights with respect to the pending criminal Information. Further, I fully
understand all rights with respect to 18 U.S.C. § 3553 and the provisions of the Sentencing
Guidelines Manual that may apply in my case. I have read this Plea Agreement and carefully
reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to
it.

Date: the / te K

Seir Robinson Hhvana

Defense Counsel’s Signature: I am counsel for the defendant in this case. I have fully
explained to the defendant the defendant’s rights with respect to the pending Information.
Further, I have reviewed 18 U.S.C. § 3553 and the Sentencing Guidelines Manual, and I have
fully explained to the defendant the provisions that may apply in this case. I have carefully
reviewed every part of this Plea Agreement with the defendant. To my knowledge, the
defendant’s decision to enter into this agreement is an informed and voluntary one.

Date: 2/ v/ 7U aaa

Edward M. Robinson
Counsel for the Defendant

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