Plea Agreement — United States v. Tomeka Glenn (D. Md.)

Record facts

U.S. District Court for the District of Maryland · No. 1:23-cr-00027-RDB · Doc. 59 · 2024-02-01 · Docket on CourtListener

Full text

. v FILED ENTERED
Case 1:23-cr-00027-RDB Document59 Filed 02/01/24 Page T of ddtep RECEIVED

U.S. Department of Justi08 pm, Feb 01 2024

; AT BALTIMORE
United States Attorney cer, U.S. DISTRICT COURT

District of Maryland _ pistRICT OF MARYLAND

Northern Division BY __=sCéDeputy
Paul A. Riley Mailing Address: Office Location: DIRECT: 410-209-4959
Assistant United States Attorney 36 S. Charles Street, 4th Floor 36 S. Charles Street, 4th Floor MAIN: 410-209-4800
Paul.Riley@usdoj.gov Baltimore, MD 21201 Baltimore, MD 21201
November 3, 2023

Christopher C. Nieto, Esquire

Law Offices of Christopher C. Nieto, LLC
| North Charles St, Suite 1301

Baltimore, MD 21201

Re: United States v. Tomeka Glenn, Crim. No: RDB-23-027

Dear Counsel:

This letter, together with the Sealed Supplement, confirms the plea agreement (this
Agreement”) that has been offered to your client, Tomeka Glenn (hereinafter “Defendant”), by
the United States Attorney’s Office for the District of Maryland (“this Office’). If the Defendant
accepts this offer, please have the Defendant execute it in the spaces provided below. If this offer
has not been accepted by November 17, 2023, it will be deemed withdrawn. The terms of the
Agreement are as follows:

Offense of Conviction

L. The Defendant agrees to plead guilty to Count One of the Indictment, which
charges the Defendant with Wire Fraud Conspiracy, in violation of 18 U.S.C. § 1349. The
Defendant admits that the Defendant is, in fact, guilty of the offense and will so advise the Court.

Elements of the Offense (Wire Fraud Conspiracy)

2 The elements of the offense to which the Defendant has agreed to plead guilty, and
which this Office would prove if the case went to trial, are as follows:

That on or about the dates alleged in the Indictment, in the District of Maryland,

a. Two or more persons agreed to try to accomplish a common and unlawful plan to
commit the crime of Wire Fraud, as charged in the Indictment—that is:

b. transmitting or causing to be transmitted by means of wire, radio, or television
communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds

for the purpose of executing a scheme or artifice to defraud,

c. having devised or intended to devise the scheme or artifice to defraud or to obtain
money or property by means of false or fraudulent pretenses, representations, or promises, and

d. the Defendant knew the unlawful purpose of the plan and willfully joined it.

Rev. August 2018
Case 1:23-cr-00027-RDB Document 59

3.

Penalties

Filed 02/01/24

Page 2 of 16

The maximum penalties provided by statute for the offense to which the Defendant
is pleading guilty are as follows:

Count Statute Minimum Maximum Supervised Maximum Special
Prison Prison Release Fine Assessment
$250,000 or
twice the
1 Ears N/A 20 years 3 years gain or $100
§ 1349
loss from the
offense
a. Prison: If the Court orders a term of imprisonment, the Bureau of Prisons
has sole discretion to designate the institution at which it will be served.
b. Supervised Release: If the Court orders a term of supervised release, and

the Defendant violates the conditions of supervised release, the Court may order the Defendant
returned to custody to serve a term of imprisonment as permitted by statute, followed by an
additional term of supervised release.

G, Restitution: The Court may order the Defendant to pay restitution pursuant
to 18 U.S.C. §§ 3663, 3663A, and 3664.

d. Payment: Ifa fine or restitution is imposed, it shall be payable immediately,
unless the Court orders otherwise under 18 U.S.C. § 3572(d). The Defendant may be required to
pay interest if the fine is not paid when due.

S: Forfeiture: The Court may enter an order of forfeiture of assets directly
traceable to the offense, substitute assets, and/or a money judgment equal to the value of the
property subject to forfeiture.

fi Collection of Debts: If the Court imposes a fine or restitution, this Office’s
Financial Litigation Unit will be responsible for collecting the debt. If the Court establishes a
schedule of payments, the Defendant agrees that: (1) the full amount of the fine or restitution is
nonetheless due and owing immediately; (2) 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; and (3) the United States may fully employ all powers to
collect on the total amount of the debt as provided by law. Until the debt is paid, the Defendant
agrees to disclose all assets in which the Defendant has any interest or over which the Defendant
exercises direct or indirect control. Until the money judgment is satisfied, the Defendant
authorizes this Office to obtain a credit report in order to evaluate the Defendant’s ability to pay,
and to request and review the Defendant’s federal and state income tax returns. The Defendant
agrees to complete and sign a copy of IRS Form 8821 (relating to the voluntary disclosure of
federal tax return information) and a financial statement in a form provided by this Office.

Waiver of Rights

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Case 1:23-cr-00027-RDB   Document 59   Filed 02/01/24   Page 3 of 16
4. The Defendant understands that by entering into this Agreement, the Defendant
surrenders certain rights as outlined below:

a. If the Defendant had pled not guilty and persisted in that plea, the Defendant
would have had the right to a speedy jury trial with the close assistance of competent counsel.
That trial could be conducted by a judge, without a jury, if the Defendant, this Office, and the
Court all agreed.

b. If the Defendant elected a jury trial, the jury would be composed of twelve
individuals selected from the community. Counsel and the Defendant would have the opportunity
to challenge prospective jurors who demonstrated bias or who were otherwise unqualified, and
would have the opportunity to strike a certain number of jurors peremptorily. All twelve jurors
would have to agree unanimously before the Defendant could be found guilty of any count. The
jury would be instructed that the Defendant was presumed to be innocent, and that presumption
could be overcome only by proof beyond a reasonable doubt.

C: If the Defendant went to trial, the Government would have the burden of
proving the Defendant guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the Government’s witnesses. The Defendant would not have to
present any defense witnesses or evidence whatsoever. If the Defendant wanted to call witnesses
in defense, however, the Defendant would have the subpoena power of the Court to compel the
witnesses to attend.

d. The Defendant would have the right to testify in the Defendant’s own
defense if the Defendant so chose, and the Defendant would have the right to refuse to testify. If
the Defendant chose not to testify, the Court could instruct the jury that they could not draw any
adverse inference from the Defendant’s decision not to testify.

C. If the Defendant were found guilty after a trial, the Defendant would have
the right to appeal the verdict and the Court’s pretrial and trial decisions on the admissibility of
evidence to see if any errors were committed which would require a new trial or dismissal of the
charges. By pleading guilty, the Defendant knowingly gives up the right to appeal the verdict and
the Court’s decisions.

f. By pleading guilty, the Defendant will be giving up all of these rights,
except the right, under the limited circumstances set forth in the “Waiver of Appeal” paragraph
below, to appeal the sentence. By pleading guilty, the Defendant understands that the Defendant
may have to answer the Court’s questions both about the rights being given up and about the facts
of the case. Any statements that the Defendant makes during such a hearing would not be
admissible against the Defendant during a trial except in a criminal proceeding for perjury or false
statement.

g. If the Court accepts the Defendant’s plea of guilty, the Defendant will be
giving up the right to file and have the Court rule on pretrial motions, and there will be no further
trial or proceeding of any kind in the above-referenced criminal case, and the Court will find the
Defendant guilty.

Rev. August 2018
h. By pleading guilty, the Defendant will also be giving up certain valuable
civil rights and may be subject to deportation or other loss of immigration status, including possible
denaturalization. The Defendant recognizes that if the Defendant is not a citizen of the United
States, or is a naturalized citizen, pleading guilty may have consequences with respect to the
Defendant’s immigration status. Under federal law, conviction for a broad range of crimes can
lead to adverse immigration consequences, including automatic removal from the United States.
Removal and other immigration consequences are the subject of a separate proceeding, however,
and the Defendant understands that no one, including the Defendant’s attorney or the Court, can
predict with certainty the effect of a conviction on immigration status. The Defendant is not
relying on any promise or belief about the immigration consequences of pleading guilty. The
Defendant nevertheless affirms that the Defendant wants to plead guilty regardless of any potential
immigration consequences.

Advisory Sentencing Guidelines Apply

a The Defendant understands that the Court will determine a sentencing guidelines
range for this case (henceforth the “advisory guidelines range”) pursuant to the Sentencing Reform
Act of 1984 at 18 U.S.C. § 3551-3742 (excepting 18 U.S.C. § 3553(b)(1) and 3742(e)) and 28
U.S.C. §§ 991 through 998. The Defendant further understands that the Court will impose a
sentence pursuant to the Sentencing Reform Act, as excised, and must take into account the
advisory guidelines range in establishing a reasonable sentence.

Factual and Advisory Guidelines Stipulation

6. This Office and the Defendant stipulate and agree to the Statement of Facts set forth
in Attachment A, which is incorporated by reference herein.

Count One (Wire Fraud Conspiracy)

a. This Office and the Defendant further agree that the applicable base offense
level is 7 (seven) pursuant to United States Sentencing Guidelines (“U.S.S.G.”) §§ 2B1.1(a)(1),
and 2X1.1.

b. This Office and the Defendant further agree that there is an 18 (eighteen)
level increase, pursuant to U.S.S.G. § 2B1.1(b)(1)(J), because the loss amount was more than
$3,500,000 but less than $9,500,000 (subtotal: 25)

C; This Office and the Defendant further agree that there is a 2 (two) level
increase pursuant to U.S.S.G. § 2B1.1(b)(10)(C) because the offense involved sophisticated means
and the defendant intentionally engaged in or caused the conduct constituting sophisticated means
(subtotal: 27).

d. This Office and the Defendant further agree that there is a 2 (two) level
increase pursuant to U.S.S.G. § 2B1.1(b)(12) because the offense involved conduct described in
18 U.S.C. § 1040 (subtotal: 29).

é. This Office does not oppose a 2 (two) level reduction in the Defendant’s
adjusted offense level pursuant to U.S.S.G. § 3E1.1(a), based upon the Defendant’s apparent
prompt recognition and affirmative acceptance of personal responsibility for the Defendant’s

Rev. August 2018
criminal conduct. This Office agrees to make a motion pursuant to U.S.S.G. § 3E1.1(b) for an
additional 1 (one) level decrease in recognition of the Defendant’s timely notification of the
Defendant’s intention to enter a plea of guilty. This Office may oppose any adjustment for
acceptance of responsibility under U.S.S.G. § 3E1.1(a) and may decline to make a motion pursuant
to U.S.S.G. § 3E1.1(b), if the Defendant: (i) fails to admit each and every item in the factual
stipulation; (ii) denies involvement in the offense; (iii) gives conflicting statements about the
Defendant’s involvement in the offense; (iv) is untruthful with the Court, this Office, or the United
States Probation Office; (v) obstructs or attempts to obstruct justice prior to sentencing; (vi)
engages in any criminal conduct between the date of this Agreement and the date of sentencing;
(vii) attempts to withdraw the plea of guilty; or (viii) violates this Agreement in any way.

f. Thus, the final anticipated adjusted offense level 26.

ts There is no agreement as to the Defendant’s criminal history and the Defendant
understands that the Defendant’s criminal history could alter the Defendant’s offense level.
Specifically, the Defendant understands that the Defendant’s criminal history could alter the final
offense level if the Defendant is determined to be a career offender or if the instant offense was a
part of a pattern of criminal conduct from which the Defendant derived a substantial portion of the
Defendant’s income.

8. Other than as set forth above, no other offense characteristics, sentencing guidelines
factors, potential departures or adjustments set forth in the United States Sentencing Guidelines

are in dispute or will be raised in calculating the advisory guidelines range.

Obligations of the Parties

9. At the time of sentencing, this Office and the Defendant reserve the right to
advocate for a reasonable sentence, period of supervised release, and/or fine considering any
appropriate factors under 18 U.S.C. § 3553(a). This Office and the Defendant reserve the right to
bring to the Court’s attention all information with respect to the Defendant’s background,
character, and conduct that this Office or the Defendant deem relevant to sentencing, including the
conduct that is the subject of any counts of the Indictment. At the time of sentencing, this Office
will move to dismiss any open counts against the Defendant.

Waiver of Appeal

10. In exchange for the concessions made by this Office and the Defendant in this
Agreement, this Office and the Defendant waive their rights to appeal as follows:

a. The Defendant knowingly waives all right, pursuant to 28 U.S.C. § 1291 or
any other statute or constitutional provision, to appeal the Defendant’s conviction on any ground
whatsoever. This includes a waiver of all right to appeal the Defendant’s conviction on the ground
that the statute(s) to which the Defendant is pleading guilty is unconstitutional, or on the ground
that the admitted conduct does not fall within the scope of the statute(s), to the extent that such
challenges legally can be waived.

b. The Defendant and this Office knowingly and expressly waive all rights
conferred by 18 U.S.C. § 3742 to appeal whatever sentence is imposed (including any term of

Rev. August 2018
imprisonment, fine, term of supervised release, or order of restitution) for any reason (including
the establishment of the advisory sentencing guidelines range, the determination of the
Defendant’s criminal history, the weighing of the sentencing factors, and any constitutional
challenges to the calculation and imposition of any term of imprisonment, fine, order of forfeiture,
order of restitution, and term or condition of supervised release), except as follows:

i. The Defendant reserves the right to appeal any sentence that exceeds
the statutory maximum; and

il. This Office reserves the right to appeal any sentence below a
statutory minimum.

C The Defendant waives any and all rights under the Freedom of Information
Act relating to the investigation and prosecution of the above-captioned matter and agrees not to
file any request for documents from this Office or any investigating agency.

Forfeiture

11. The Defendant understands that the Court may enter an Order of Forfeiture as part
of the Defendant’s sentence, and that the Order of Forfeiture may include assets directly traceable
to the offense(s), substitute assets, and/or a money judgment equal to the value of the property
derived from, or otherwise involved in, the offenses.

12. Specifically, but without limitation on the Government’s right to forfeit all property
subject to forfeiture as permitted by law, the Defendant agrees to forfeit to the United States all of
the Defendant’s right, title, and interest in the following items that the Defendant agrees constitute
money, property, and/or assets derived from or obtained by the Defendant as a result of, or used
to facilitate the commission of, the Defendant’s illegal activities:

a. All monies held in Bank of America Account 4460-3477-3093 in the name of For
Keepsake Investment Realty, including but not limited to $147,020.86;

b. amoney judgment in the amount of at least $700,726.50;
c. a2021 Mercedes-Benz S580, VIN # W1K6G7GBOMA038694;
d. Diamond Miami Cuban Link Chain with 31.5 carats of VS1 diamonds;

e. the following items seized during the execution of a search warrant at Defendant’s
residence on January 6, 2023:

i. $12,660 in United States currency;

ii. Silver Color Watch with Clear Gemstones and writing “Cartier”, (FBI
Evidence Barcode E7045207);

iii. Silver Color Watch with Clear Gemstones and writing “Breitling”, (FBI
Evidence Barcode E7045208); and

Rev. August 2018
iv. Various pieces of foreign currency including Vietnamese Dong and Iraqi
Dinar with a total approximate value of $5,956.75 as of the date of their
seizure on January 6, 2023.

13. The Defendant also agrees that, due to her acts or omissions, the total proceeds she
obtained as a result of the scheme to defraud are not currently available to the Government for
forfeiture, and therefore the Government is entitled to substitute assets because one or more of the
conditions of 21 U.S.C. § 853(p) have been met. The Defendant agrees to forfeit to the United
States all of the Defendant’s right, title, and interest in the following properties that constitute
substitute assets:

a. a yellow diamond engagement ring (3.03 carats, VVS1 clarity) surrounded by 2
carats of diamond accent stones, set in white gold;

b. Rolex Day Date 41MM watch with a 28.75 carat diamond dial bezel, SN:
G773850; and

c. Cartier Skeleton 40MM watch with 33.75 carat diamond bezel, SN: 11424ZX.

14. If specific direct or substitute assets are forfeited and liquidated, any net proceeds
of the asset shall be applied to the money judgment. The Defendant acknowledges that, due to her
acts or omissions, the total proceeds he obtained as a result of the scheme to defraud are not
available to the government for forfeiture, and the government is entitled to the forfeiture of
substitute assets because at least one of the conditions in 21 U.S.C. § 853(p) has been met.

15. The Defendant agrees to consent to the entry of orders of forfeiture for the property
described herein and waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J),
32.2, and 43(a) regarding notice of the forfeiture in the charging instrument, advice regarding
forfeiture during the change of plea hearing, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment.

16. | The Defendant agrees to assist fully in the forfeiture of the above property. The
Defendant agrees to disclose all assets and sources of income, to consent to all requests for access
to information related to assets and income, and to take all steps necessary to pass clear title to the
forfeited assets to the United States, including executing all documents necessary to transfer such
title, assisting in bringing any assets located outside of the United States within the jurisdiction of
the United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture
are made available for forfeiture.

17. | The Defendant waives all challenges to any forfeiture carried out in accordance
with this Agreement on any grounds, including any and all constitutional, legal, equitable,
statutory, or administrative grounds brought by any means, including through direct appeal, habeas
corpus petition, or civil complaint. The Defendant will not challenge or seek review of any civil
or administrative forfeiture of any property subject to forfeiture under this Agreement, and will
not assist any third party with any challenge or review or any petition for remission of forfeiture.

Rev. August 2018
Abandonment

18. The Defendant knowingly and voluntarily waives any right, title, and interest in the

following property (the “Abandoned Property”) and consents to its federal administrative
disposition, official use, and/or destruction:

a. Ruger SR9C firearm 334-10383;

b. 9mm ammunition (17 count);

c. 9mm ammunition (17 count);

d. Glock 22 firearm SN: RF345;

e. Glock 23 firearm SN: AAMW460;

f. .40 caliber ammunition (15 count);

g. .40 caliber ammunition (12 count);

h. Glock 17 firearm, SN: VXN775;

i. Armor Express bulletproof vest, SN: 2001072709.

19. | The Defendant understands that she would have a right to file a claim to the
Abandoned Property under 41 C.F.R. § 128-48.102-1 and waives her right to claim the Abandoned
Property under 41 C.F.R. § 128-48.503. The Defendant agrees not to contest the vesting of title
of the Abandoned Property in the United States Government and agrees to unconditionally release
and hold harmless the United States Government, its officers, employees, and agents, from any
and all claims, demands, damages, causes of actions, suits, of whatever kind and description, and
wheresoever situated, that might now exist or hereafter exist by reason of or growing out of or
affecting, directly or indirectly, the seizure or waiver of ownership interest in the Abandoned
Property. The Defendant agrees to execute any documents as necessary to the waiver of right, title
and interest in the Abandoned Property, including any forms necessary to effect the Defendant’s
waiver of ownership interest.

Collection of Financial Obligations

20. The Defendant expressly authorizes the U.S. Attorney’s Office to obtain a credit
report in order to evaluate the Defendant’s ability to satisfy any financial obligation imposed by
the Court. If restitution is not paid by the date of sentencing, in order to facilitate the collection of
financial obligations to be imposed in connection with this prosecution, the Defendant agrees to
disclose fully all assets in which the Defendant has any interest or over which the Defendant
exercises control, directly or indirectly, including those held by a spouse, nominee or other third
party. If restitution is not paid by the date of sentencing, the Defendant will promptly submit a
completed financial statement to the United States Attorney’s Office, in a form this Office
prescribes and as it directs. The Defendant promises that any financial statement and disclosures
the Defendant submits will be complete, accurate and truthful, and understands that any willful

Rev. August 2018
falsehood on the financial statement will be a separate crime and may be punished under 18
U.S.C.§ 1001 by an additional five years’ incarceration and fine.

Defendant’s Conduct Prior to Sentencing and Breach

21. Between now and the date of the sentencing, the Defendant will not engage in
conduct that constitutes obstruction of justice under U.S.S.G. § 3C1.1; will not violate any federal,
state, or local law; will acknowledge guilt to the probation officer and the Court; will be truthful
in any statement to the Court, this Office, law enforcement agents, and probation officers; will
cooperate in the preparation of the presentence report; and will not move to withdraw from the
plea of guilty or from this Agreement.

22. If the Defendant engages in conduct prior to sentencing that violates the above
paragraph of this Agreement, and the Court finds a violation by a preponderance of the evidence,
then: (i) this Office will be free from its obligations under this Agreement; (ii) this Office may
make sentencing arguments and recommendations different from those set out in this Agreement,
even if the Agreement was reached pursuant to Rule 11(c)(1)(C); and (iii) in any criminal or civil
proceeding, this Office will be free to use against the Defendant all statements made by the
Defendant and any of the information or materials provided by the Defendant, including
statements, information, and materials provided pursuant to this Agreement, and statements made
during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal
Procedure. A determination that this Office is released from its obligations under this Agreement
will not permit the Defendant to withdraw the guilty plea. The Defendant acknowledges that the
Defendant may not withdraw the Defendant’s guilty plea—even if made pursuant to Rule
11(c)(1)(C)}—1f the Court finds that the Defendant breached the Agreement. In that event, neither
the Court nor the Government will be bound by the specific sentence or sentencing range agreed
and stipulated to herein pursuant to Rule 11(c)(1)(C).

Restitution

23. | The Defendant agrees to the entry of a restitution order for the full amount of the
victims’ losses. The Defendant agrees that, pursuant to 18 U.S.C. §§ 3663 and 3663A and
3563(b)(2) and 3583(d), the Court may order restitution of the full amount of the actual, total loss
caused by the offense conduct set forth in the factual stipulation, which the parties stipulate is at
least $3,016,375.72. The total amount of restitution shall be due immediately and shall be ordered
to be paid forthwith. Any payment schedule imposed by the Court establishes only a minimum
obligation. Defendant will make a good faith effort to pay any restitution. Regardless of
Defendant’s compliance, any payment schedule does not limit the United States’ ability to collect
additional amounts from Defendant through all available collection remedies at any time. The
Defendant further agrees that the Defendant will fully disclose to this Office, the probation officer,
and to the Court, subject to the penalty of perjury, all information (including but not limited to
copies of all relevant bank and financial records) regarding the current location and prior
disposition of all funds obtained as a result of the criminal conduct set forth in the factual
stipulation. The Defendant further agrees to take all reasonable steps to retrieve or repatriate any
such funds and to make them available for restitution. If the Defendant does not fulfill this
provision, it will be considered a material breach of this Agreement, and this Office may seek to
be relieved of its obligations under this Agreement.

Rev. August 2018
Court Not a Party

24. The Court is not a party to this Agreement. The sentence to be imposed is within
the sole discretion of the Court. The Court is not bound by the Sentencing Guidelines stipulation
in this Agreement. The Court will determine the facts relevant to sentencing. The Court is not
required to accept any recommendation or stipulation of the parties. The Court has the power to
impose a sentence up to the maximum penalty allowed by law. If the Court makes sentencing
findings different from those stipulated in this Agreement, or if the Court imposes any sentence up
to the maximum allowed by statute, the Defendant will remain bound to fulfill all of the obligations
under this Agreement. Neither the prosecutor, defense counsel, nor the Court can make a binding
prediction, promise, or representation as to what guidelines range or sentence the Defendant will
receive. The Defendant agrees that no one has made such a binding prediction or promise.

Entire Agreement

25. This letter, together with the Sealed Supplement, constitutes the complete plea
agreement in this case. This letter, together with the Sealed Supplement, supersedes any prior
understandings, promises, or conditions between this Office and the Defendant. There are no other
agreements, promises, undertakings, or understandings between the Defendant and this Office
other than those set forth in this letter and the Sealed Supplement. No changes to this Agreement
will be effective unless in writing, signed by all parties and approved by the Court.

If the Defendant fully accepts each and every term and condition of this Agreement, please
sign and have the Defendant sign the original and return it to me promptly.

Very truly yours,
Erek L. Barron

United States Atforney
SS

Paul A. Riley
Assistant United States Attorney

Ihave read this Agreement, including the Sealed Supplement, and carefully reviewed every
part of it with my attorney. I understand it and I voluntarily agree to it. Specifically, I have
reviewed the Factual and Advisory Guidelines Stipulation with my attorney and I do not wish to
change any part of it. I am completely satisfied with the representation of my attorney.

(2/20(23 Nout lc fo.

Date Tomeka Glenn
Defendant

I am the Defendant’s attorney. I have carefully reviewed every part of this Agreement,
including the Sealed Supplement with the Defendant. The Defendant advises me that the

Rev. August 2018
10
Defendant understands and accepts its terms. To my knowledge, the Defendant’s decision to enter
into this Agreement is an informed and voluntary ofd.
lL,

\Wwlas
Date Christopher C. Nieto, Esq.
Counsel to Defendant

Rev. August 2018
11
ATTACHMENT A

STIPULATION OF FACTS

The undersigned parties stipulate and agree that if this case had proceeded to trial, this
Office would have proven the following facts beyond a reasonable doubt. The undersigned parties
also stipulate and agree that the following facts do not encompass all of the evidence that would
have been presented had this matter proceeded to trial.

Defendant Tomeka Glenn a/k/a Tomeka Harris a/k/a Tomeka Davis, born March 1976, is
a resident of Baltimore County, Maryland. Beginning in June 2020 and continuing through March
2021 in the District of Maryland, Defendant and various co-conspirators engaged in a scheme to
defraud financial institutions, including Cross River Bank, Fundbox, Eastern Savings Bank, and
the United States Small Business Administration (SBA), to obtain and attempt to obtain fraudulent
loans for various entities under the Paycheck Protection Program (PPP), which was part of the
Coronavirus Aid, Relief, and Economic Security (CARES) Act, and under the Economic Injury
Disaster Loan (EIDL) program.

For the purpose of executing and attempting to execute this scheme to defraud, Defendant
and her co-conspirators knowingly and willfully transmitted and caused to be transmitted by means
of wire communications, in interstate and foreign commerce, writings, signs, signals, pictures, and
sounds, in violation of 18 U.S.C. §§ 1349, 1343.

Defendant prepared numerous false and fraudulent EIDL and PPP loan applications for
various businesses (including some that did not exist in any legitimate capacity) and that included
false information concerning, among other things, number of employees, monthly payroll costs,
and revenue. The PPP applications also routinely included false and fraudulent Internal Revenue
Service (“IRS”) tax forms and bank statements, which were submitted by Defendant to substantiate
the false representations made in the applications.

Defendant received kickback payments from the loan borrowers in exchange for her
assistance in connection with the submission of fraudulent PPP and EIDL applications, ultimately
receiving more than $400,000 in kickbacks in connection with the scheme. These kickbacks
amounted to 10% to 20% of the loan amount.

In total, the kickback scheme resulted in the disbursement of at least $2,715,649.12 in
fraudulently obtained PPP and EIDL funds in connection with 23 fraudulent PPP and EIDL loans.

Moreover, Defendant and her co-defendant and fiancé received $300,726.50 in PPP/EIDL
funds for various entities that they controlled, and Defendant attempted to obtain $601,511.20 in
additional fraudulent PPP and EIDL funds too.

Defendant’s crimes are discussed in further detail below.

Fraudulent Applications For Businesses Associated With Defendant And Davis

Defendant submitted multiple false and fraudulent EIDL and PPP loan applications in
connection with various business entities that she and her fiancé and co-defendant Kevin Davis
controlled or otherwise had an interest—K’ Dons Vanity Décor, Epoxy By S.H.E., TD Innovative
Consulting, and For Keepsake Investment Realty Corp.

The submission of these applications resulted in multiple interstate wires from Maryland
to Virginia—the location of the SBA’s servers. Information about each of these fraudulent loan
submissions is set forth in the below table:

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12
Entity SBA Loan Loan Amount Funded Date
Type

Kdonsvanity décor [sic] EIDL $45,000 N/A — did not
fund

Kdonsvanity décor [sic] EIDL advance | $10,000.00 6/23/2020

K’Dons Vanity Décor PPP (Fundbox) | $70,357.50 6/23/2020

TD Innovative Consulting EIDL $108,500 N/A — did not
fund

Kaydon vanity décor [sic] EIDL $116,500 N/A — did not
fund

Epoxy By S.H.E. LLC EIDL $113,200 N/A — did not
fund

Epoxy By S.H.E. LLC PPP $141,311.20 N/A — did not
fund

Tomeka Glenn EIDL $12,000 N/A — did not
fund

For Keepsake Investment Realty | EIDL advance | $10,000 7/2/2020

LLC

For Keepsake Investment Realty EIDL $65,000 7/15/2020

LLC

For Keepsake Investment Realty EIDL—MOD 1 | $65,000.00 N/A — did not

LLC fund

For Keepsake Investment Realty | PPP $145,369 3/6/2021

LLC

Total Received $300,726.50

Total Attempted $601,511.20

Total Received & Attempted $902,237.70

The EIDL applications associated with each of the above EIDLs contained multiple
material misrepresentations concerning each business’s operation, gross revenues and operating
expenses, and each application resulted in the disbursement of funds to bank accounts controlled
by Defendant and, as to For Keepsake Investment Realty, Davis and Defendant.

Likewise, the PPP applications associated with each of the above PPP loans contained
multiple material misrepresentations concerning, among other things, each business’s operations,
number of employees, and wages paid, and each application resulted in the disbursement of funds
to bank accounts controlled by Defendant, as to For Keepsake Investment Realty, Davis and
Defendant.

The PPP applications likewise contained false and fraudulent United States Internal
Revenue Service (“IRS”) Forms 940 (Employer’s Annual Federal Unemployment Tax Return),
W-3 (Transmittal of Wage and Tax Statements) and 941 (Employer’s Quarterly Federal Tax
Return) created by Defendant which contained multiple material misrepresentations including the
number of employees of each business and the wages paid; this information was used to
substantiate information in the PPP loan applications.

IRS records indicated that there was no record of business tax filings for any of K’Don’s
Vanity Décor LLC, Epoxy By S.H.E., or For Keepsake Investment Realty for the tax years 2019

Rev. August 2018
13
or 2020. Moreover, the Maryland Department of Labor has no record of any of these entities ever
paying wages to any employee, including Defendant and Davis.

Loan Kickback Scheme

In addition to obtaining fraudulent PPP and EIDL funds for her own businesses, Defendant
engaged in a scheme to assist other co-conspirators with obtaining EIDL and PPP loans for various
businesses (some of which were not in operation at all) in exchange for a kickback payment.
Defendant would receive a kickback (typically ranging from 10% to 20% of the fraudulent loan
amount) in exchange for her services of preparing and submitting the fraudulent applications.

These applications grossly inflated the numbers of employees and grossly inflated monthly
payroll costs of the businesses. The PPP applications contained various false and fraudulent IRS
records prepared by Defendant that were included with the applications to support the payroll
figures included in the fraudulent PPP applications, including false IRS Forms 940, W-3 and 941
for the businesses.

The purpose of the false and fraudulent IRS Forms was to circumvent the requirement of
SBA-approved lenders that prospective borrowers submit documentation to support the payroll
figures that served as the basis for the PPP loan amount.

The PPP applications likewise contained false and fraudulent February 2020 bank
statements prepared by Defendant, which were meant to circumvent the requirement of SBA-
approved lenders that prospective borrowers submit documentation to support the certification that
the business was in operation on February 15, 2020.

The EIDL applications contained multiple material misrepresentations concerning each
business’s operations, gross revenues and operating expenses.

Defendant charged the loan recipients a fee for her services in connection with each
fraudulent loan application. In order to conceal the nature of her scheme, Defendant laundered the
kickback payments through bank accounts she controlled—bank accounts in the name of Tomeka
Glenn, TD Innovative Consulting, and K’Don’s Vanity Décor. She also, on a few occasions,
received cash payments from the loan recipients rather than checks.

The kickback payments were structured by Defendant and made in a manner to conceal the
nature and total amount of the payments, and created the appearance that the payments were for
legitimate business purposes—including by containing memos that indicated falsely that the
payments were for business related purposes. For example, Defendant directed the loan recipients

to include memos such as “décor”, “design” and “consulting” on the kickback checks that were
laundered through Defendant’s K’Dons Vanity Décor and TD Innovative Consulting accounts.

In connection with some of the fraudulently obtained PPP and EIDL loans, Defendant also
assisted the loan recipients with setting up bank accounts—at times steering the loan recipients to
the same bank branch to open their accounts.

The kickback scheme resulted in the disbursement of at least $2,715,649.12 in fraudulently
obtained PPP and EIDL funds in connection with 23 fraudulent PPP and EIDL loans.

Defendant received more than $400,000 in kickbacks in exchange for her work—in
addition to the $300,726.50 she received in connection with fraudulent PPP and EIDL applications
discussed above.

Defendant used the fraudulently obtained funds to pay for a luxury vacation at a resort in
Jamaica, to purchase a 2021 Mercedes-Benz S580 sedan valued at $148,171.60 (VIN #

Rev. August 2018
14
W1K6G7GB0MA038694), to buy jewelry such as a Diamond Miami Cuban Link Chain with 31.5
carats of VS1 diamonds, with an appraised value of $61,600 (purchased on or about J uly 30, 2020),
as well as numerous other luxury goods, including items from Luis Vuitton, Neiman Marcus, Dior,
Cartier, Gucci, Chanel, and Hermes.

Moreover, at the time of the scheme, neither Defendant, nor Davis had any legitimate
source of income, and in May 2020, each applied for unemployment insurance benefits in the
State of Maryland.

Search Warrant and Arrest of Defendant and Davis

On January 6, 2023, law enforcement executed a search warrant at the residence of Davis
and Defendant located on Claybrooke Drive in Windsor Mill. The residence contained
numerous luxury items purchased using funds obtained in connection with Defendant’s scheme,
including shoes, clothing, purses, jewelry, and watches.

Law enforcement seized various items that constituted proceeds of Defendant’s scheme,
including $12,660 in United States Currency, various pieces of foreign currency, and the
Diamond Miami Cuban Link Chain referenced above.

During the search, law enforcement likewise seized an Armor Express bulletproof vest,
SN: 2001072709, ammunition, and four firearms from the residence—a stolen Ruger SR9C
firearm 334-10383, a Glock 22 firearm SN: RF345, a Glock 23 firearm SN: AAMW460, and
Glock 17 firearm, SN: VXN775. Both Defendant and Davis were prohibited from possessing
firearms, and Defendant in particular had in the past sustained multiple state and federal
convictions.

Law enforcement had earlier in connection with the investigation seized pursuant to
Court-authorized seizure order all monies held in Bank of America Account 4460-3477-3093 in
the name of For Keepsake Investment Realty, including at least $147,020.86.

Defendant and her co-conspirators executed the fraud scheme discussed herein, in part,
through the use of mobile phones, the internet, multiple email accounts, and bank deposits and
transfers, all of which involved interstate wires, and Defendant and her co-conspirators were in
Maryland when they transmitted wires to execute the scheme.

SO STIPULATED:
L123 (| eree| <YO.-~__
Date! { Tomeka Glenn
Defendant
\V(v0 lt (Qe
Date Christopher C. Nieto, Esq.

Counsel to Defendant

Paul A. Riley
Assistant United States Attorney

Rev. August 2018
15

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