Guilty Plea and Plea Agreement — United States v. Austin Martin Siampwizi (N.D. Ga.)

Record facts

U.S. District Court, Northern District of Georgia · No. 1:23-cr-00246-WMR-RDC · Doc. 32-1 · 2023-12-14 · Docket on CourtListener

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GUILTY PLEA and PLEA AGREEMEN 
United States Attorney 
Northern District of Georgia 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
CRIMINAL NO. 1:23-CR-246-WMR-RDC 
The United States Attorney for the Northern District of Georgia ("the 
Government") and Defendant Austin Martin Siampwizi enter into this plea 
agreement as set forth below in Part IV pursuant to Rules ll(c)(l)(A) & (B) of the 
Federal Rules of Criminal Procedure. Austin Martin Siampwizi, Defendant, 
having received a copy of the above-numbered Indictment and having been 
arraigned, hereby pleads GUILTY to Count 1. 
I. ADMISSION OF GUILT 
1. The Defendant admits that he is pleading guilty because he is in fact guilty 
of the crime(s) charged in Count 1. 
II. ACKNOWLEDGMENT & WAIVER OF RIGHTS 
2. The Defendant understands that by pleading guilty, he is giving up the 
right to plead not guilty and the right to be tried by a jury. At a trial, the 
Defendant would have the right to an attorney, and if the Defendant could not 
afford an attorney, the Court would appoint one to represent the Defendant at 
trial and at every stage of the proceedings. During the trial, the Defendant would 
be presumed innocent and the Government would have the burden of proving 
him guilty beyond a reasonable doubt. The Defendant would have the right to 
confront and cross-examine the witnesses against him. If the Defendant wished, 
he could testify on his own behalf and present evidence in his defense, and he 
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could subpoena witnesses to testify on his behalf. If, however, the Defendant did 
not wish to testify, that fact could not be used against him, and the Government 
could not compel him to incriminate himself. If the Defendant were found guilty 
after a trial, he would have the right to appeal the conviction. 
3. The Defendant understands that by pleading guilty, he is giving up all of 
these rights and there will not be a trial of any kind. 
4. By pleading guilty, the Defendant also gives up any and all rights to pursue 
any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and 
other pretrial motions that have been filed or could have been filed. 
5. The Defendant also understands that he ordinarily would have the right to 
appeal his sentence and, under some circumstances, to attack the conviction and 
sentence in post-conviction proceedings. By entering this Plea Agreement, the 
Defendant may be waiving some or all of those rights to appeal and to 
collaterally attack his conviction and sentence, as specified below. 
6. Finally, the Defendant understands that, to plead guilty, he may have to 
answer, under oath, questions posed to him by the Court concerning the rights 
that he is giving up and the facts of this case, and the Defendant's answers, if 
untruthful, may later be used against him in a prosecution for perjury or false 
statements. 
III. 
ACKNOWLEDGMENT OF PENALTIES 
7. The Defendant understands that, based on his plea of guilty, he will be 
subject to the following maximum and mandatory minimum penalties: 
As to Countl 
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a. Maximum term of imprisonment: 20 years. 
b. Mandatory minimum term of imprisonment: None. 
c. Term of supervised release: 0 year(s) to 3 years. 
d. Maximum fine: $500,000.00, or twice the value of the property 
involved in the transaction, whichever is greater, due and payable 
immediately. 
e. Full restitution, due and payable immediately, to all victims of the 
offense(s) and relevant conduct. 
f. Mandatory special assessment: $100.00, due and payable 
immediately. 
( 
g. Forfeiture of any and all property, real or personal, involved in the 
offense, and any property traceable to such property. 
8. The Defendant understands that, before imposing sentence in this case, the 
Court will be required to consider, among other factors, the provisions of the 
United States Sentencing Guidelines and that, under certain circumstances, the 
Court has the discretion to depart from those Guidelines. The Defendant further 
understands that the Court may impose a sentence up to and including the 
statutory maximum as set forth in the above paragraph and that no one can 
predict his exact sentence at this time. 
9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that 
pleading guilty may have consequences with respect to his immigration status if 
he is not a citizen of the United States. Under federal law, a broad range of 
crimes are removable offenses, including the offense to which the Defendant is 
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pleading guilty. Indeed, because the Defendant is pleading guilty to this offense, 
removal is presumptively mandatory. Removal and other immigration 
consequences are the subject of a separate proceeding, however, and the 
Defendant understands that no one, including his attorney or the District Court, 
can predict to a certainty the effect of his conviction on his immigration status. 
The Defendant nevertheless affirms that he wants to plead guilty regardless of 
any immigration consequences that his plea may entail, even if the consequence 
is his automatic removal from the United States. 
IV. 
PLEA AGREEMENT 
10. The Defendant, his counsel, and the Government, subject to approval by 
the Court, have agreed upon a negotiated plea in this case, the terms of which are 
as follows: 
Dismissal of Counts 
11. The Government agrees that, upon the entry of the Judgment and 
Commitment Order, any and all remaining counts in the above-styled case still 
pending against the Defendant shall be dismissed pursuant to Standing Order 
No. 07-04 of this Court and to Rule 48(a) of the Federal Rules of Criminal 
Procedure. The Defendant understands that the Probation Office and the Court 
may still consider the conduct underlying such dismissed counts in determining 
relevant conduct under the Sentencing Guidelines and a reasonable sentence 
under Title 18, United States Code, Section 3553(a). 
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No Additional Charges 
12. The United States Attorney for the Northern District of Georgia agrees not 
to bring further criminal charges against the Defendant related to the charges to 
which he is pleading guilty. The Defendant understands that this provision does 
not bar prosecution by any other federal, state, or local jurisdiction. 
Sentencing Guidelines Recommendations 
13. Based upon the evidence currently known to the Government, the 
Government agrees to make the following recommendations and/ or to enter into 
the following stipulations. 
Base/ Adjusted Offense Level 
14. The Government agrees to recommend and the Defendant agrees that: 
a. The applicable offense guideline is Section 2S1.1(a)(2). 
b. The amount of laundered funds resulting from the offense(s) of 
conviction is more than $175,000 but less than $550,000.1 
c. The Defendant receive the 2-level upward adjustment pursuant to 
Section 2Sl.l(b)(2)(B). 
1 The Defendant admits that he personally laundered at least $175,600 and 
that a co-conspirator laundered at least $75,000 as part of the money laundering 
conspiracy. The Defendant also fraudulently obtained, in violation of Title 18, 
United States Code, Section 1343, approximately $150,000 in Economic Injury 
Disaster loans and Paycheck Protection Program Loans for his two businesses, 
{ 
Global Car Rental, LLC, and Global Group Development & Construction, LLC. 
The parties disagree as to whether these are relevant conduct that would 
enhance the amount of laundered funds under Section 2B1.1(b)(1) and/ or would 
be grouped pursuant to Section 3Dl.2( d). 
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Acceptance of Responsibility 
15. The Government will recommend that the Defendant receive an offense 
level adjustment for acceptance of responsibility, pursuant to Section 3El.1, to 
the maximum extent authorized by the guideline. However, the Government will 
not be required to recommend acceptance of responsibility if, after entering this 
Plea Agreement, the Defendant engages in conduct inconsistent with accepting 
responsibility. Thus, by way of example only, should the Defendant falsely deny 
or falsely attempt to minimize the Defendant's involvement in relevant offense 
conduct, give conflicting statements about the Defendant's involvement, fail to 
pay the special assessment, fail to meet any of the obligations set forth in the 
Financial Cooperation Provisions set forth below, or participate in additional 
criminal conduct, including unlawful personal use of a controlled substance, the 
Government will not be required to recommend acceptance of responsibility. 
Right to Answer Questions, Correct Misstatements, 
and Make Recommendations 
16. The parties reserve the right to inform the Court and the Probation Office 
of all facts and circumstances regarding the Defendant and this case, and to 
respond to any questions from the Court and the Probation Office and to correct 
any misstatements of fact or law. Except as expressly stated elsewhere in this 
Plea Agreement, the parties also reserve the right to make recommendations 
regarding the application of the Sentencing Guidelines. The parties understand, 
acknowledge, and agree that there are no agreements between the parties with 
respect to any Sentencing Guidelines issues other than those specifically listed. 
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Right to Modify Recommendations 
17. With regard to the Government's recommendation as to any specific 
application of the Sentencing Guidelines as set forth elsewhere in this Plea 
Agreement, the Defendant understands and agrees that, should the Government 
obtain or receive additional evidence concerning the facts underlying any such 
recommendation, the Government will bring that evidence to the attention of the 
Court and the Probation Office. In addition, if the additional evidence is 
sufficient to support a finding of a different application of the Guidelines, the 
Government will not be bound to make the recommendation set forth elsewhere 
in this Plea Agreement, and the failure to do so will not constitute a violation of 
this Plea Agreement. 
Sentencing Recommendations 
Specific Sentence Recommendation 
18. Unless the Defendant engages in conduct inconsistent with accepting 
responsibility, as described more fully in paragraph 15, the Government agrees 
to recommend that the Defendant be sentenced at the low end of the adjusted 
guideline range. 
Fine--No Recommendation as to Amount 
19. The Government agrees to make no specific recommendation as to the 
amount of the fine to be imposed on the Defendant within the applicable 
guideline range. 
Restitution 
20. The Defendant agrees to pay full restitution, plus applicable interest, to 
the Clerk of Court for distribution to all victims of the offense(s) to which he is 
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pleading guilty and all relevant conduct, including, but not limited to, any 
counts dismissed as a result of this Plea Agreement. The Defendant understands 
that the amount of restitution owed to each victim will be determined at or 
before sentencing, but agrees that the total of such restitution is at least $175,000. 
The Defendant also agrees to cooperate fully in the investigation of the amount 
of restitution, the identification of victims, and the recovery of restitution for 
victims. 
Forfeiture 
21. The Defendant waives and abandons his interest in any property that may 
have been seized in connection with this case. The Defendant agrees to the 
administrative or judicial forfeiture or the abandonment of any seized property. 
The Defendant agrees to hold the United States and its agents and employees 
harmless from any claims made in connection with the seizure, forfeiture, or 
disposal of property connected to this case. The Defendant acknowledges that 
the United States will dispose of any seized property, and that such disposal may 
include, but is not limited to, the sale, release, or destruction of the seized 
property. The Defendant agrees to waive any and all constitutional, statutory, 
and equitable challenges in any manner (including direct appeal, a Section 2255 
petition, habeas corpus, or any other means) to the seizure, forfeiture, and 
disposal of any property connected to this case on any grounds. 
22. The Defendant acknowledges that he is not entitled to use forfeited assets 
to satisfy any fine, restitution, cost of imprisonment, tax obligations, or any other 
penalty the Court may impose upon the Defendant in addition to forfeiture. 
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Financial Cooperation Provisions 
Special Assessment 
23. The Defendant understands that the Court will order him to pay a special 
assessment in the amount of $100. 
Fine/Restitution-Terms of Payment 
24. The Defendant agrees to pay any fine and/ or restitution, plus applicable 
interest, imposed by the Court to the Clerk of Court for eventual disbursement to 
the appropriate account and/ or victim(s). The Defendant also agrees that the full 
fine and/ or restitution amount shall be considered due and payable 
immediately. If the Defendant cannot pay the full amount immediately and is 
placed in custody or under the supervision of the Probation Office at any time, 
he agrees that the custodial agency and the Probation Office will have the 
authority to establish payment schedules to ensure payment of the fine and/ or 
restitution. The Defendant understands that this payment schedule represents a 
minimum obligation and that, should the Defendant's financial situation 
establish that he is able to pay more toward the fine and/ or restitution, the 
Government is entitled to pursue other sources of recovery of the fine and/ or 
restitution. The Defendant further agrees to cooperate fully in efforts to collect 
the fine and/ or restitution obligation by any legal means the Government deems 
appropriate. Finally, the Defendant and his counsel agree that the Government 
may contact the Defendant regarding the collection of any fine and/ or restitution 
without notifying and outside the presence of his counsel. 
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Financial Disclosure 
25. The Defendant agrees that the Defendant will not sell, hide, waste, 
encumber, destroy, or otherwise devalue any such asset worth more than $500 
before sentencing, without the prior approval of the Government. The Defendant 
understands and agrees that the Defendant's failure to comply with this 
provision of the Plea Agreement should result in the Defendant receiving no 
credit for acceptance of responsibility. 
26. The Defendant agrees to cooperate fully in the investigation of the amount 
of forfeiture, restitution, and fine; the identification of funds and assets in which 
he has any legal or equitable interest to be applied toward forfeiture, restitution, 
and/ or fine; and the prompt payment of restitution or a fine. 
27. The Defendant's cooperation obligations include: (A) fully and truthfully 
completing the Department of Justice's Financial Statement of Debtor form, and 
any addenda to said form deemed necessary by the Government, within ten days 
of the change of plea hearing; (B) submitting to a financial deposition or 
interview (should the Government deem it necessary) prior to sentencing 
regarding the subject matter of said form; (C) providing any documentation 
within his possession or control requested by the Government regarding his 
financial condition and that of his household; (D) fully and truthfully answering 
all questions regarding his past and present financial condition and that of his 
household in such interview(s); and (E) providing a waiver of his privacy 
protections to permit the Government to access his credit report and tax 
information held by the Internal Revenue Service. 
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28. So long as the Defendant is completely truthful, the Government agrees 
that anything related by the Defendant during his financial interview or 
deposition or in the financial forms described above cannot and will not be used 
against him in the Government's criminal prosecution. However, the 
Government may use the Defendant's statements to identify and to execute upon 
assets to be applied to the fine and/ or restitution in this case. Further, the 
Government is completely free to pursue any and all investigative leads derived 
in any way from the interview(s)/ deposition(s)/financial forms, which could 
result in the acquisition of evidence admissible against the Defendant in 
subsequent proceedings. If the Defendant subsequently takes a position in any 
legal proceeding that is inconsistent with the 
interview(s)/ deposition(s)/financial forms-whether in pleadings, oral argument, 
witness testimony, documentary evidence, questioning of witnesses, or any other 
manner-the Government may use the Defendant's 
interview(s)/ deposition(s)/ financial forms, and all evidence obtained directly or 
indirectly therefrom, in any responsive pleading and argument and for cross-
examination, impeachment, or rebuttal evidence. Further, the Government may 
also use the Defendant's interview( s) / deposition( s) / financial forms to respond 
to arguments made or issues raised sua sponte by the Magistrate or District 
Court. 
Recommendations/Stipulations Non-binding 
29. The Defendant understands and agrees that the recommendations of the 
Government incorporated within this Plea Agreement, as well as any 
stipulations of fact or guideline computations incorporated within this Plea 
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Agreement or otherwise discussed between the parties, are not binding on the 
Court and that the Court's failure to accept one or more of the recommendations, 
stipulations, and/ or guideline computations will not constitute grounds to 
withdraw his guilty plea or to claim a breach of this Plea Agreement. 
Limited Waiver of Appeal 
30. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by 
federal law, the Defendant voluntarily and expressly waives the right to appeal 
his conviction and sentence and the right to collaterally attack his conviction and 
sentence in any post-conviction proceeding (including, but not limited to, 
motions filed pursuant to 28 U.S.C. § 2255) on any ground, except that the 
Defendant may file a direct appeal of an upward departure or upward variance 
above the sentencing guideline range as calculated by the District Court. Claims 
that the Defendant's counsel rendered constitutionally ineffective assistance are 
excepted from this waiver. The Defendant understands that this Plea Agreement 
does not limit the Government's right to appeal, but if the Government initiates a 
direct appeal of the sentence imposed, the Defendant may file a cross-appeal of 
that same sentence. 
Miscellaneous Waivers 
FOIA/Privacy Act Waiver 
31. The Defendant 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 
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Freedom of Information Act, Title 5, United States Code, Section 552, or the 
Privacy Act of 1974, Title 5, United States Code, Section 552a. 
No Other Agreements 
32. There are no other agreements, promises, representations, or 
understandings between the Defendant and the Government. 
In Open ourt this /~day of 
e endant' s Attorne -
Lynsey Morris Barron 
SIGNATURE (Assistant U.S. Attorney) 
Sarah E. Klapman 
SIGNATURE (Approving Official) 
Stephen McClain 
SIGNATURE (Defendant) 
Austin Martin Siampwizi 
I have read the Indictment against me and have discussed it with my 
attorney. I understand the charges and the elements of each charge that the 
Government would have to prove to convict me at a trial. I have read the 
foregoing Plea Agreement and have carefully reviewed every part of it with my 
attorney. I understand the terms and conditions contained in the Plea 
Agreement, and I voluntarily agree to them. I also have discussed with my 
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attorney the rights I may have to appeal or challenge my conviction and 
sentence, and I understand that the appeal waiver contained in the Plea 
Agreement will prevent me, with the narrow exceptions stated, from appealing 
my conviction and sentence or challenging my conviction and sentence in any 
post-conviction proceeding. No one has threatened or forced me to plead guilty, 
and no promises or inducements have been made to me other than those 
discussed in the Plea Agreement. The discussions between my attorney and the 
Government toward reaching a negotiated plea in this case took place with my 
permission. I am fully satisfied with the representation provided to me by my 
attorney in this case. 
SIGNATu:t:t: 
DATE 
Austin Martin Siampwizi 
I am Austin Martin Siampwizi's lawyer. I have carefully reviewed the charges 
and the Plea Agreement with my client. To my knowledge, my client is making 
an informed and voluntary decision to plead guilty and to enter into the Plea 
E ( efendant' s Attorney) 
Lynsey Morris Barron 
Lynsey Morris Barron 
Barron Law LLC 
3104 Briarcliff Road 
Austin Martin Siampwizi 
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P.O. Box 29964 
Atlanta, GA 30359 
{aw{{}{)} State Bar of Georgia Number 
Filed in Open Court 
This J '-/1;° 
~~ 
20 _l) 
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. . 
I 
U. S. DEPARTMENT OF JUSTICE 
Statement of Special Assessment Account 
This statement reflects your special assessment only. There may be other 
penalties imposed at sentencing. 
ACCOUNT INFORMATION 
CRIMINAL ACTION NO.: 
1:23-CR-246-WMR-RDC 
DEFENDANT'S NAME: 
AUSTIN MARTIN SIAMPWIZI 
PAY THIS AMOUNT: 
$100 
Instructions: 
1. Payment must be made by certified check or money order payable to: 
Clerk of Court, U.S. District Court 
*personal checks will not be accepted* 
2. Payment must be made to the clerk's office by the day of sentencing. 
3. Payment should be sent or hand delivered to: 
Clerk, U.S. District Court 
2211 U.S. Courthouse 
75 Ted Turner Drive SW 
Atlanta, Georgia 30303 
(Do Not Send Cash) 
4. Include the defendant's name on certified check or money order. 
5. Enclose this coupon to insure proper and prompt application of payment. 
6. Provide proof of payment to the above-signed AUSA within 30 days of the 
guilty plea. 
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