Plea Agreement — United States v. Ibanga Etuk (Northern District of Oklahoma)

Summary

A plea agreement filed April 9, 2021 as Document 104 in United States v. Ibanga Etuk, a/k/a "Mark," Case No. 20-CR-100-JED, in the U.S. District Court for the Northern District of Oklahoma. Etuk agrees to plead guilty to Count 3, bank fraud under 18 U.S.C. § 1344(2), and Count 7, aggravated identity theft under 18 U.S.C. 1028A, of the Second Superseding Indictment. The agreement contains appeal, post-conviction, departure and variance waivers, and lists Chickasaw Community Bank as a victim with a loss of $168,000. Etuk agrees to forfeit a money judgment of at least $168,000 and $132,000.00 in seized bank funds, and to pay a special assessment of $100 per felony count. The parties are the Acting United States Attorney Clinton J. Johnson and defense counsel G. Steven Stidham.

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Case 4:20-cr-00100-CVE Document 104 Filed in USDC ND/OK on 04/09/21 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,

Plaintiff,

IBANGA ETUK,

)

)

v. ) Case No. 20-CR-100-JED

)

)

a/k/a “Mark,” )
)

Defendant.
PLEA AGREEMENT

The United States of America, by and‘through Clinton J. Johnson, Acting United
States Attorney for the Northern District of Oklahoma, and Kristin Harrington and Victor
Regal Assistant United States Attorneys, and the defendant, Ibanga Etuk, a/k/a “Mark” in
person and through counsel, G. Steven Stidham, respectfully inform the Court that they
have reached the following plea agreement.

1. Plea

The defendant agrees to enter voluntary pleas of guilty to the following:

Count 3: Bank Fraud, 18 U.S.C. § 1344(2)

Count 7: Aggravated Identity Theft, 18 U.S.C. 1028A
as set forth in the Second Superseding Indictment in the instant case, Northern District of
Oklahoma, case number 20-CR-100-JED and admits to being in fact guilty as charged in

the counts to which the defendant is pleading guilty.

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2. Waiver of Constitutional Rights

The defendant understands that, by pleading guilty, the following constitutional
rights will be relinquished:

a. the right to be indicted if proceeding by Information;

b. the right to plead not guilty;

c. the right to be tried by a jury, or, if the defendant wishes and with the consent
of the Government, to be tried by a judge;

d. at trial, the defendant has the right to an attorney, and if defendant could not
afford an attorney, the Court would appoint one to represent the defendant;

e. the defendant has the right to assist in the selection of the jury;

f. during trial, the defendant would be presumed innocent, and a jury would be
instructed that the Government has the burden to prove the defendant guilty beyond a
reasonable doubt and by a unanimous verdict;

g. the defendant has the right to confront and cross-examine witnesses against
the defendant;

h. if desired, the defendant could testify on the defendant’s own behalf and
present witnesses in the defendant’s defense;

i. if the defendant did not wish to testify, that fact could not be used against the
defendant, and a jury would be so instructed;

i if the defendant were found guilty after a trial, the defendant would have the
right to appeal that verdict to determine if any errors had been committed during trial that
would require either a new trial or a dismissal of the charges; and

k. at trial, the defendant would be entitled to have a jury determine beyond a
reasonable doubt any facts which may have the effect of increasing the defendant’s
mandatory minimum or maximum sentence.

1. any rights and defenses defendant may have under the Excessive Fines
Clause of the Eighth Amendment to the United States Constitution to the forfeiture of

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property in this proceeding or any related civil proceeding, special or other assessment, and
any order of restitution.

By pleading guilty, the defendant will be giving up all of these rights. By pleading guilty,
the defendant understands that the defendant may have to answer questions posed to
defendant by the Court, both about the rights that the defendant will be giving up and the
factual basis for the defendant’s plea.

3. Appellate and Post-Conviction Waiver

In consideration of the promises and concessions made by the United States in this
plea agreement, the defendant knowingly and voluntarily agrees to the following terms:

a. The defendant waives the right to directly appeal the conviction and
sentence pursuant to 28 U.S.C. § 1291 and/or 18 U.S.C. § 3742(a); except that the
defendant reserves the right to appeal from a sentence that exceeds the statutory maximum

b. The defendant expressly acknowledges and agrees that the United States
reserves all rights to appeal the defendant’s sentence as set forth in 18 U.S.C. § 3742(b),
and U.S. v. Booker, 543 U.S. 220 (2005); and

c. The defendant waives the right to collaterally attack the conviction and
sentence pursuant to 28 U.S.C. § 2255, including any assessment, forfeiture, restitution
order, the length of term of supervised release and any condition of supervised release,
except for claims of ineffective assistance of counsel.

The defendant expressly acknowledges that counsel has explained his appellate and

post-conviction rights; that the defendant understands his rights; and that the defendant

knowingly and voluntarily waives those rights as set forth above.

Ake

Ibanga Etuk

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4. Departure and Variance Waiver

In consideration of the promises and concessions made by the United States in this
plea agreement, the defendant knowingly and voluntarily agrees to the following:

a. the defendant agrees not to request, recommend, or file a motion seeking a
departure from the Guidelines range; and

b. the defendant agrees not to request, recommend, or file a motion seeking a
variance below the Guidelines range pursuant to the § 3553(a) factors.

5. Freedom of Information Act Waiver

The defendant waives all rights, whether asserted directly or by a representative, to
request or to 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 of 1974, 5 U.S.C. § 552a.

6. Rule 11 Rights Waiver

The defendant knowingly and expressly waives all of the rights afforded defendant
pursuant to the provisions of Rule 11(f) of the Federal Rules of Criminal Procedure. In
other words, after entry of a plea made pursuant to this plea agreement, and in consideration
thereof, the following shall be admissible against the defendant:

a. A plea of guilty which is later withdrawn or which the defendant seeks to
withdraw;

b. Any statement made in the course of any proceeding under Rule 11 regarding
said plea of guilty;

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Cc. Any statement made in the course of plea discussions with an attorney or
agent for the Government, or which were made pursuant to a proffer letter agreement,
which result in a plea of guilty later withdrawn.

7. Waiver of Right to Jury Trial on Sentencing Factors

The defendant, by entering this plea, also waives the right to have facts that
determine the offense level under the Sentencing Guidelines (including facts that support
any specific offense characteristic or other enhancement or adjustment) (1) charged in the
Second Superseding Indictment, (2) proven to a jury, or (3) proven beyond a reasonable
doubt. The defendant explicitly consents to have the sentence based on facts to be
established by a preponderance of the evidence before the sentencing judge pursuant to
United States v. Crockett, 435 F.3d 1305 (10th Cir. 2006), and United States v. Magallanez,
408 F.3d 672 (10th Cir. 2005), and to allow the Court to consider any reliable evidence
without regard to its admissibility at trial. The defendant explicitly acknowledges that his
plea to the charged offenses authorizes the Court to impose any sentence up to and
including the maximum sentence set forth in the United States Code. The defendant also
waives all challenges to the constitutionality of the Sentencing Guidelines.

8. Payment of Monetary Penalties

The defendant understands that the Court may impose a fine pursuant to the
Sentencing Guidelines. The defendant agrees, as a part of this agreement, to submit to
interviews by the United States Attorney’s Financial Litigation Unit regarding the

defendant’s financial status, and to complete and submit a financial statement, under oath,

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not later than two weeks after the date of this plea agreement. The defendant understands
that, by law, interest accrues on any remaining balance of the debt.

That monetary penalties imposed by the Court will be (i) subject to immediate
enforcement as provided for in 18 U.S.C. § 3613, and (ii) submitted to the Treasury Offset
Program so that any federal payment or transfer of returned property the defendant receives
may be offset and applied to federal debts but will not affect the periodic payment schedule.

9. Restitution for Offense of Conviction

The defendant understands that the Court can order the defendant to pay restitution
for the full loss caused by defendant’s conduct set forth above. The defendant agrees to
the entry of a Restitution Order for the full amount of the victims’ losses. At this time, the
Government is aware that the following victims have suffered the following losses:

Chickasaw Community Bank $168,000

909 S. Meridian

Oklahoma City, Oklahoma 73108
The defendant understands that restitution is mandatory without regard to the defendant’s
ability to pay.

10. Restitution not Dischargeable in Bankruptcy

The defendant further agrees that any amount ordered by the Court to be paid as
restitution may not be discharged, in whole or in part, in any bankruptcy proceeding.

11. Forfeiture Agreement

The defendant, IBANGA ETUK, agrees to the forfeiture to the United States,

pursuant to 18 U.S.C. § 982(a) and 18 U.S.C. § 1028(b), of the following property, used or

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intended to be used, to commit or to promote the commission of such offenses:
MONEY JUDGMENT

A money judgment in an amount of at least $168,000, representing proceeds
obtained directly or indirectly by the Defendant as a result of the offenses.

BANK ACCOUNT

$132,000.00 in funds seized from bank account number XXXX4842 in the name
of Ibanga Etuk at Chickasaw Community Bank, Oklahoma City, Oklahoma.

Defendant agrees to take all steps as requested by the forfeiting authority to pass
clear title to forfeitable assets, including, but not limited to, the execution of a consent
decree of forfeiture and the completion of any other legal documents required for the
transfer of title.

Defendant agrees that the forfeited property is subject to seizure and forfeiture by
the United States, and that no defense exists to the seizure and forfeiture of this property
by the United States. As such, defendant hereby relinquishes all claim, title, and interest
in the above-referenced property to the United States and agrees not to oppose any civil,
administrative, or judicial forfeiture of the property.

Defendant waives any and all interest in the above property and consents to their
forfeiture by whatever process the government chooses. Defendant agrees that the
government may use this waiver and consent in any administrative or judicial forfeiture
proceeding, whether criminal or civil, state, local or federal. If defendant has filed a claim
to the above-mentioned assets in any forfeiture process, defendant hereby agrees to

withdraw it. Defendant further agrees not to file a claim to the above identified assets or

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properties in any future forfeiture proceeding of whatever type. In the event that the law
enforcement agency having custody of the property decides not to pursue forfeiture of any
of the seized property, defendant hereby abandons any interest in such property and
consents to its destruction by, and/or abandonment to, the law enforcement agency.

The defendant understands that he shall forfeit substitute property, up to the value
of the money judgment described above, if, by any act or omission of the defendant, the
property described above, or any portion thereof, cannot be located upon the exercise of
due diligence; has been transferred or sold to, or deposited with, a third party; has been
placed beyond the jurisdiction of the court; has been substantially diminished in value; or
has been commingled with other property which cannot be divided without difficulty.

The defendant further understands that forfeiture is part of the sentence that will be
imposed in this case and waives any failure by the Court to advise him of this, pursuant to
Rule 11(b)(1)(J), at the time his guilty plea is accepted. The defendant further understands
that, pursuant to Rule 32.2(b)(4)(A), the order of forfeiture will become final as to the
defendant upon entry. The defendant waives notice of the forfeiture in the charging
instrument, of announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. The defendant also waives all constitutional and statutory
challenges 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.

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12. Special Assessment

The defendant hereby agrees to pay the total amount required for the Special
Monetary Assessment ($100 per felony count) to the United States District Court Clerk
before the time of the sentencing hearing or as directed by the District Court.

13. Factual Basis and Elements

The elements that the United States must prove beyond a reasonable doubt to
convict under 18 U.S.C. § 1344(2) are as follows:

1) the defendant knowingly executed or attempted to execute a
scheme or artifice to defraud a financial institution to obtain
money or property from the financial institution by means of false
or fraudulent pretenses, representations, or promises;

2) the financial institution was a financial institution within the
meaning of the law; in this case that means that the government
must prove that the financial institution was insured by the Federal
Deposit Insurance Corporation; and

3) the false or fraudulent pretenses, representations, or promises that
the defendant made were material, meaning they would naturally
tend to influence, or were capable of influencing the decision of
the financial institution.

The elements that the United States must prove beyond a reasonable doubt to

convict under 18 U.S.C. § 1028A are as follows:

1) the defendant knowingly transferred, possessed, or used;

2) without lawful authority,

3) ameans of identification of another person,

4) during and in relation to Bank Fraud in violation of 18 U.S.C. §
1344.

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In regard to the factual basis required by Federal Rule of Criminal Procedure
11(b)(3), the defendant agrees and stipulates that there is a factual basis for the plea of
guilty and relieves the United States of any further obligation to adduce such evidence.

The defendant, Ibanga Etuk admits knowingly, willfully and intentionally
committing or causing to be committed the acts constituting the crime alleged in Counts
Three and Seven in the instant case, and confesses to the Court that the defendant is, in
fact, guilty of such crimes.

I, Ibanga Etuk, admit that from on or about April 6, 2020 to on or
about April 29, 2020, in the Northern District of Oklahoma, I knowingly
executed a schemed and artifice to obtain moneys under the custody and
control of Frontier State Bank, a federally insured financial institution, by
means of false and fraudulent pretenses, representations, and promises about
the number of persons employed during the previous months of purported
operation; the payroll expenditures during the previous months; taxes paid
during previous months of operation; ownership of the businesses; and
relationships between the parties in a loan application for $300,000 for
AboveAll Business Inc.

I, Ibanga Etuk, admit that from on or about April 6, 2020 to on or
about April 29, 2020, in the Northern District of Oklahoma, J knowingly used
without lawful authority a means of identification of another person known
as A.A. during and in relation to the payroll records submitted to Frontier
State Bank in the loan application for $300,000 for AboveAll Business Inc.,
knowing that the means of identification belonged to another actual person.

Q. 44-7: 200
Ibanga Etuk Date
Defendant

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14. Further Prosecution

The United States shall not initiate additional criminal charges against the defendant
in the Northern District of Oklahoma that, as of the date of the defendant’s acceptance of
this agreement, arise from its investigation of the defendant’s actions and conduct giving
rise to the Second Superseding Indictment, save and except crimes of violence and criminal
acts involving violations investigated by the United States Internal Revenue Service. The
defendant understands, however, that this obligation is subject to all “Limitations” set forth
below, and that the United States Attorney’s Office for the Northern District of Oklahoma
is free to prosecute the defendant for any illegal conduct (i.e., violation of federal criminal
laws) not discovered by or revealed to the Government during its investigation or occurring
after the date of this agreement.

15. Dismissal of Remaining Counts

If the Court finds the defendant’s pleas of guilty to be freely and voluntarily made
and accepts the pleas, then the United States will move, at the appropriate time, to dismiss
the remaining counts in the instant case, if any, as to this defendant.

If the defendant’s guilty pleas are rejected, withdrawn, vacated, or reversed at any
time, the United States will be free to prosecute the defendant for all charges of which it
then has knowledge, and any charges that have been dismissed will be automatically
reinstated or may be re-presented to a grand jury with jurisdiction over the matter. In such

event, the defendant hereby waives any objections, motions or defenses based upon the

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applicable statute of limitations, the Speedy Trial Act, or constitutional restrictions as to
the time of bringing such charges.

16. Acceptance of Responsibility

Provided the defendant clearly demonstrates acceptance of responsibility, the
United States agreed to recommend a two-level reduction in offense level pursuant to
U.S.S.G. § 3E1.1. The United States agrees to file a motion recommending that the
defendant receive an additional one-level reduction pursuant to U.S.S.G. § 3E1.1(b) if the
defendant is otherwise eligible therefor. The sentencing judge is in a unique position to
evaluate the acceptance of responsibility, and the Court’s determination will provide the
final approval or disapproval of any Section 3E1.1 point level reduction for timely
acceptance of responsibility.

The obligations of the Government herein, relative to acceptance of responsibility
are contingent upon the defendant's continuing manifestation of acceptance of
responsibility as determined by the United States. If the defendant falsely denies, or makes
conflicting statements as to, his involvement in the crimes to which he is pleading, falsely
denies or frivolously contests relevant conduct that the Court determines to be true,
willfully obstructs, or attempts to obstruct or impede the administration of justice as
defined in U.S.S.G. § 3C1.1, or perpetrates or attempts to perpetrate crimes while awaiting
sentencing, or advances false or frivolous issues in mitigation, the United States expressly
reserves the right to withdraw any recommendation regarding acceptance of responsibility

without breaching the agreement.

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17. Consent to Removal from the United States

The defendant acknowledges that the defendant is removable from the United States
and agrees not to contest any removal proceedings brought against the defendant by the
Department of Homeland Security (DHS). If the DHS files a Notice to Appear or other
administrative charging document against the defendant, the defendant agrees to request
an expedited removal hearing and to consent to removal. The defendant acknowledges that
by consenting to removal, the defendant will be immediately removed from the United
States upon the completion of any period of incarceration. The defendant knowingly
waives any and all rights to appeal, reopen, reconsider, or otherwise challenge this removal.

18. Waiver of Rights Related to Removal from the United States

The defendant agrees to waive the defendant’s rights to any and all forms of relief
from removal, deportation, or exclusion under the Immigration and Nationality Act (as
amended) and related federal regulations. These rights include, but are not limited to, the
ability to apply for the following forms of relief: (a) voluntary departure; (b) asylum; (c)
cancellation of removal; (d) withholding or suspension of deportation; and (e) adjustment
of status.

19. Abandonment of Pending Applications for Relief from Removal

The defendant understands that any application for relief from removal, deportation,
or exclusion the defendant filed prior to the completion of this plea agreement shall be
deemed abandoned. The defendant further understands and agrees that the filing of any

applications for relief from removal, deportation, or exclusion, either written or oral, or the

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prosecution of any pending applications, before any federal court, the Board of
Immigration Appeals, an immigration judge, or the DHS, shall breach this plea agreement.

20. The Defendant’s Cooperation in Removal Proceedings

The defendant agrees to assist the DHS in the execution of the defendant’s removal.
Specifically, the defendant agrees to assist the DHS in the procurement of any travel or
other documents necessary for the defendant’s removal; to meet with and to cooperate with
representatives of the country or countries to which the defendant’s removal is directed;
and to execute those forms, applications, or waivers needed to execute or expedite the
defendant’s removal. The defendant further understands that the defendant’s failure or
refusal to assist the DHS in the execution of the defendant’s removal shall breach this plea
agreement and may subject the defendant to criminal penalties under 8 U.S.C. § 1253.

21. Sentence

a. Imprisonment

The defendant acknowledges that under 18 U.S.C. § 1344 the minimum mandatory
Qo ESS uct
statutory sentence ifm risonment, the maximum statutory sentence is not greater than 30

years imprisonment, a fine of not more than $ 1,000,000.

The defendant acknowledges, that under 18 U.S.C. § 1028A the minimum

mandatory statutory sentence is impriseament;themraxiMmurrmstatutory sermternce is two

years imprisonment to run consecutive with any other sentence in this case, a fine of not
more than $250,000 or twice the pecuniary gain/loss. This plea agreement does not preclude
the defendant from arguing that 18 U.S.C. § 1028A(b)(4) permits the Court to impose

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concurrent sentences for Counts Three and Seven, or the government from arguing that 18

U.S.C. § 1028A(b)(2) requires that those sentences be run consecutively.

b. Supervised Release

Additionally, the defendant is aware, if imprisonment is imposed, that the Court
shall include as part of the sentence a requirement that the defendant be placed on a term
of supervised release after imprisonment not to exceed five years.

If the term of supervised release for any count of conviction is revoked, the
defendant may be imprisoned for an additional term not to exceed the term of imprisonment
authorized in 18 U.S.C. § 3583(e)(3) for the offense of conviction, with no credit being
given for any time served while on supervised release. Further, the Court may impose
another term of supervised release following any term of imprisonment imposed for a
violation of supervised release conditions, and this term of supervised release may not
exceed the term of supervised release originally authorized by statute for the offense of
conviction less any term of imprisonment that was imposed upon revocation of supervised
release (18 U.S.C. § 3583(e) and (h)). Ifa second or subsequent term of supervised release
is revoked, the Court may impose another term of imprisonment not to exceed the
difference between any imprisonment imposed for a prior revocation of supervised release
for the offense of conviction and the term of imprisonment authorized pursuant to 18
U.S.C. § 3583(e)(3). Accordingly, the original term of imprisonment when combined with
any term of imprisonment arising from revocations of supervised release, may result in a
total amount of imprisonment greater than the statutory maximum term for the offense of

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c. Guidelines

The defendant is aware that the Sentencing Guidelines promulgated pursuant to the
Sentencing Reform Act of 1984 at 18 U.S.C. § 3551 through § 3742, and 28 U.S.C. § 991
through § 998, are advisory. The district courts, while not bound to apply the Sentencing
Guidelines, must consult those Guidelines and take them into account when sentencing.
See 18 U.S.C.A. § 3553(a).

The sentence imposed in federal court is without parole. The defendant is further
aware that the sentence has not yet been determined by the Court, that any estimate of the
likely sentence received from any source is a prediction, not a promise, and that the Court
has the final discretion to impose any sentence up to the statutory maximum. The defendant
further understands that all recommendations or requests by the United States pursuant to
this agreement are not binding upon the Court.

If the sentencing Court should impose any sentence up to the maximum established
by statute, the defendant cannot, for that reason alone, withdraw defendant’s guilty plea,
but will remain bound to fulfill all of defendant’s obligations under this agreement.

Nothing in this plea agreement, save and except any stipulations contained herein,
limits the right of the United States to present to the Court or Probation Office, either orally
or in writing, any and all facts and arguments relevant to the defendant’s sentence that are
available to the United States at the time of sentencing. The defendant acknowledges
hereby that relevant conduct, that is, conduct charged in any dismissed count and all other

uncharged related criminal activities, will be used in the calculation of the sentence. The

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United States reserves its full opportunity to speak pursuant to Rule 32(i)(4)(A)(iii) of the
Federal Rules of Criminal Procedure.

The defendant further understands that the sentence to be imposed upon the
defendant will be determined solely by the sentencing judge, and that the sentencing judge
is not bound by the following stipulations. The United States cannot and does not make
any promise or representation as to what sentence the defendant will receive.

22. Stipulations

The defendant and the United States agree and stipulate to the following facts: The
intended loss in this case is $300,000 and therefore specific offense level of the USSG §
2B1.1(b)(1)(G) applies to the sentence for Count Three.

The defendant and the United States agree and stipulate to the following facts: The
specific offense characteristic involving 10 or more victims in USSG § 2B1.1(b)(2)(A)
does not apply.

It is understood that neither the Court nor the United States Probation Office is
bound by the foregoing stipulations, either as to questions of fact or as to determination of
the correct advisory sentencing guideline calculation.

Having been fully apprised by defense counsel of defendant’s right to seek
compensation pursuant to Public Law 105-119, the defendant WAIVES any and all such

right, and stipulates that defendant is not a “prevailing party” in connection with this case.

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23. Limitations

This plea agreement shall be binding and enforceable upon the Office of the United
States Attorney for the Northern District of Oklahoma, but in no way limits, binds or
otherwise affects the rights, powers, duties or obligations of any state or local law
enforcement agency, administrative or regulatory authorities, civil or administrative
enforcement, collection, bankruptcy, adversary proceedings or suits which have been or
may be filed by any governmental entity, including without limitation, the Internal
Revenue Service, the Tax Division of the Department of Justice and the trustee in
bankruptcy.

24. Breach of Agreement

In the event either party believes the other has failed to fulfill any obligations under
this agreement, then the complaining party shall, in its discretion, have the option of
petitioning the Court to be relieved of its obligations herein. Whether or not a party has
completely fulfilled all of its obligations under this agreement shall be determined by the
Court in an appropriate proceeding at which any disclosures and documents provided by
either party shall be admissible and at which the complaining party shall be required to
establish any breach by a preponderance of the evidence. The defendant hereby WAIVES
any right under Rule 11(d) and (e) of the Federal Rules of Criminal Procedure to withdraw
from defendant’s plea and this agreement, save and except under circumstances where the
Court rejects the plea agreement under Rule 11(c)(5) and except for the limited reasons

outlined above in this paragraph.

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In the event that Ibanga Etuk, after entry of a plea of guilty, unsuccessfully attempts
to withdraw the defendant’s plea of guilty, the United States may continue to enforce the
agreement but will no longer be bound by any particular provision in this agreement. This
provision will not have any continued vitality if it is determined by the Court that the United
States acted in bad faith to bring about the attempted withdrawal of plea.

25. Conclusion

No agreements, representations or understandings have been made between the
parties in this case, other than those which are explicitly set forth in this plea agreement
and the Plea Agreement Supplement that the United States will file in this case (as is
routinely done in every case, even though there may or may not be any additional terms)
and none will be entered into unless executed in writing and signed by all of the parties.
SO AGREED:

CLINTON J. JOHNSON
ACTING UNITED STATES ATTORNEY

Dated

Geeta tin Harrington
Victor Regal
Assistant United States Attorneys

Attorney for Defendant

oth Dated 7 Z /

Defendant

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Revised 02-28-20

Defendant's Initials
Case 4:20-cr-00100-CVE Document 104 Filed in USDC ND/OK on 04/09/21 Page 20 of 20

I have read this agreement and carefully reviewed every part of it with my attorney.
I understand it, and I voluntarily agree to it. Further, I have consulted with my attorney
and fully understand my rights with respect to sentencing which may apply to my case. No
other promises or inducements have been made to me, other than those contained in this
pleading. In addition, no one has threatened or forced me in any way to enter into this

agreement. Finally, I am satisfied with the representation of my attorney in this matter.

Ibanga Etuk Dated
Defendant

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 Second Superseding Indictment. Further,

I have reviewed the provisions of the Sentencing Guidelines and Policy Statements and I

have fully explained to the defendant the provisions of those Guidelines which 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

. Steven Stidham be Dated
Counsel for the Defendant

volunt

20 |G
Revised 02-28-20

Defendant's Initials


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