Plea Agreement — United States v. Javar Lajuan Clark (Middle District of North Carolina)
Summary
A plea agreement in United States of America versus Javar Lajuan Clark, case number 1:23CR79-1, in the United States District Court for the Middle District of North Carolina, dated 2023. Clark agrees to plead guilty to Count One of the Indictment, wire fraud under Title 18, United States Code, Section 1343, and the United States agrees not to oppose dismissal of the remaining count, which charges money laundering under Section 1957. The agreement states a maximum of not more than twenty years' imprisonment and a $250,000 fine, provides for restitution, and has Clark consent to forfeit a real property in Forsyth County, North Carolina. It also sets a $100 special assessment for each offense. The signature blocks name United States Attorney Sandra J. Hairston, Assistant United States Attorney Ashley E Waid and defense attorney Ames C. Chamberlin.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Plea Agreement — United States v. Javar Lajuan Clark (Middle District of North Carolina).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/11-plea-agreement-as-to-javar-lajuan-clark-waid-ashley-entered-d924928fae/
, SHA-256 dc0be4c7b50f603e1a0ca598b564eaa4bd9b01591df11a8490a19a4431e2be0f.Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NOF"TH CAROLINA
UNITED STATES OF AMERICA 1:23CR79-1
v
JAVAR LA.IUAN CI,ARK PLEA AGREEMENT
NOW COME the United States of America, by and through Sandra J.
Hairston, United States Attorney for the Middle District of North Carolina,
and the defendant, JAVAR LAJUAN CLARK, in his own person and through
his attorney, Ames C. Chamberlin, and state as follows:
1. The defendant, JAVAR T.AJUAN CLARK, is presently under
Indictment in case number 1:23CR79-1, which charges him in Count One with
a violation of Title 18, United States Code, Section 1343, wire fraud; and which
charges him in Count Two with a violation of Title 18, United States Code,
Section 1957, money laundering.
2. The defendant, JAVAR i,AJUAN CLARK, will enter a voluntary
plea of guilty to Count One of the Indictment herein. The nature of this
charge and the elements of this charge, which must be proved by the United
States beyond a reasonable doubt before the defendant can be found guilty
thereof, have been explained to him by his attorney.
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 1 of 12
a. The defendant, JAVAR LAJUAN CLARK, understands that
the maximum term of imprisonment provid"ed by law for Count One of the
Indictrnent herein is not more than twenty years, and the maximum fine for
Count one of the Indictment herein is $250,000, or both. If any person
derived pecuniary gain from the offense, or if the offense resultecl in pecuniary
loss to a person other than the defendant, JAVAR I"AJLAN CLARK, the
defendant ffioY, in the aiternative, be fined not more than the greater of twice
the gross gain or twice the gross loss unless the Court determines that
imposition of a fine in this manner wouid unduly complicate or prolong the
sentencing process. The fine provisions are subject to the provisions of Title
18, united states code, section 8b71, entitled sentence of Fine.
b. The defendant, JAVAR LAJUAN CLARK, also understands
that, as to Count One of the Indictment herein, the Court may include as a
part of the sentence a requirement that the d.efendant be placed, on a term of
supervised release of not more than three years after imprisonment pursuant
to Title 18, United States Code, Section B5BB.
c. The d.efendant, JAVAR LAJUAN CLARK, understands
that the Court shall order, in addition to any other penalty authorized by law,
2
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 2 of 12
that the defendant make restitution to any victim of the offense to which he is
pleading guilty, pursuant to Titie 18, United States Code, Section 3663A(a)(1).
d. The defendant, JAVAR, LAJUAN CLARK, further
understands that the sentence to be imposed upon him is within the cliscretion
of the sentencing Court subject to the stattitory nraximum penalties set forth
above. The sentencirtg court is not bound by the sentencing range prescribed
by the United States Sentencing Guidelines. Nevertheless, the sentencing
court is required to consult the Guidelines and take them into account when
sentencing. In so doing, the sentencing court wiII first calculate, after making
the appropriate findings of fact, the sentencing range prescribed by the
Guidelines, and then will consider that range as well as other relevant factors
set forth in the Guidelines and those factors set forth in Title 18, United States
Code, Section 3553(a) befone imposing the sentence.
e. The defendant, JAVAR LAJUAN CLARK, understands that
if he is not a citizen of the United States that entering a plea of guilty may
have adverse consequences with respect to his immigration status. The
defendant, JAVAR LAJUAN CLARK, nevertheless wishes to enter a voluntary
plea of guilty regardless of any immigration consequences his guilty ptea
might
entail, even if such consequence might include automatic removal an6 possibly
J
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 3 of 12
permanent exclusion from the United States. The defend-ant, JAV-AR LAJUAN
CLARK, further understands that in the event he is a naturalized citizen,
entering a plea of guilty may result in denaturahzation proceeding.s being
instituted against him leading to his removal and possible permanent
exclusion from bhe United States.
3. By voluntarily pleading guilty to Count One of the Indictment
herein, the defendant, JAVAR LAJUAN CLARK, knowingly waives and gives
up his constitutional rights to plead not guilty, to compel the United States to
prove his guilt beyond a reasonable doubt, not to be compelied to incriminate
himself, to confront and cross-examine the witnesses against him, to have a
jury or judge determine his guilt on the evidence presented, and other
constitutional rights which attend a defendant on trial in a criminal case.
4- The defendant, JAVAR LAJUAN CLARK, is going to plead guilty
to Count One of the Indictment herein because he is, in fact, guilty and not
because of any threats or promises.
5. The extent of the plea bargaining in this case is as follows:
a. upon the acceptance by the court of a guilty plea by the
defendant, JAVAR LAJUAN CLARK, to Count One of the Indictment herein,
and at the conclusion of the sentencing hearing thereon, the United
States will
4
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 4 of 12
not oppose a motion to dismiss the remaining count of the Indictment herein
as to the defendant, JAVAR LAJUAN CIARK. This portion of the plea
Agreement is made pursuant to Rule 11(cX1)(A) of the Federal Rules of
Criminal Procedure.
b. It is understood that if the Court determines at the time of
sentencing that the defendant, JAVAR I"AJUAN CLARK, qualifies for a 2-level
decrease in the offense level under Section 3E1.1(a) of the Sentencing
Guidelines and that the offlense level prior to the operation of Section 3E1.1(a)
is 16 or greater, then the United States will recommend a decrease in the
offense level by 1 additional level pursuant to Section 3E1.1(b) of the
Sentencing Guidelines. This portion of the Plea Agreement is made pursuant
to Rule 11(c)(lXB) of the Federal Rules of Criminal Proceclure.
c. The defendant, JAVAR LAJUAN CLARK, hereby abandons
interest in, and consents to the o.fficial use, destruction, or other disposition of
each item seized and/or maintained by any law enforcemerrt agency during the
course of the investigation, unless such item is specifically provided for in
another section of the plea agreement. The defendant, JAVAR LAJUAN
CLARK, waives any and all notice of any proceeding to implement the official
use, destruction, or other disposition of such items.
5
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 5 of 12
d. The defendant, JAVAR LAJUAN CI"ARK, waives all rights,
whether asserted directly or through a representative, to request or receive
from any department or agency of the flnited States any record. pertaining to
the investigation or prosecution of this case under the authority of the Freedom
of Information Act, 5 U.S.C. $ 552, or the Privacy Act of lg74, b U.S.C. g b52a,
and all subsequent amendments thereto.
e. RuIe 11(fl of the Federal Rules of Criminal Procedure and
RuIe 410 of the Federal Rules of Evidence ordinarily limit the admissibility of
statements made by a defendant during the course of plea proceedings. The
defendant, JAVAR I"AJUAN CLARK, knowingly and voluntar.ily waives the
protections of these rules as it relates to plea proceedings. If the defendant,
JAVAR LAJUAN CLARK, pleads guilty and later seeks to withdraw such
guilty plea (or seeks to directly appeal or collaterally attack such conviction),
any statement made at the plea proceedings in connection with such p}ea, and
any leads derived therefrom, shall be admissible for any and all prrrposes.
f- The defendant JAVAR LAJUAN CLARK, further agrees to
pay restitution, as determined by the Court, to any victims harmed hy the
defendant's relevant conduct, as defi.ned by U.S.S.G. S 1B1.8, pursuant to Title
18, United States Code, Section 3663A(a)(3).
6
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 6 of 12
6. With regard to forfeiture, the United States and the defendant,
JAVAR LAJUAN CLARK, agree as follows:
a. The defendant, JAVAR I,AJUAN CLARK, knowingly and
voluntarily consents and agrees to forfeit to the United States any and all
interest in property, real or personal, which constitutes or is derived from
proceeds traceable to, or obtained directly or indirectly as a result of, the
offense to which the defendant is pleading guilty. The property to be forfeited
includes, but is not limited to:
The real property known as 408 E. Sixteenth Street, Winston-
Salem, NC 27105, with aII appurtenances and improvements
thereon, and described as follows:
A1l that certain lot or parcel of land situated in the City of Winston-
Salem, Forsyth County, North Carolina and more particularly
described as follows:
BEGINNING at a stake on the South side of Legerwood Street,
said stake being 440 feet East of Patterson Avenue; thence
Southwardly 140 feet to an iron stake on the North side of Alley,
thence westwardly along said Alley 4l feetto an iron stake; thence
Northwardly on a U.ne parallel with the first line 140 feet to a stake
on the South side of Legerwood Street; thence Eastwardiy with
said Street 47 feet to the beginning; being part of Lot 12 on the
rnap of Eagle Land Company Property and being the same
property as that described in Deed to D.A. BuIIard recorded in
Book 1-76, Page 154, in the Office of Register of Deeds of Forsyth
County, North Caroiina; and also being the same as part of Lot 12
on the Map of J.L. Patterson Property recorded in Plat Book 1,
Page 45, Office of the Register of Deeds, Forsyth County, North
Carolina.
t-7
I
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 7 of 12
The defendant acknowledged that the defendant's interest in the foregoing
property is subject to forfeiture based on the offense to which the defendant is
pleading guilty.
b. The clefendant, JAVAR LAJUAN CLARK, agrees to take al1
steps as requested by the government to pass clear title of any assets subject
to forfeiture to the United States, including but not limited to surrender of title
and execution of documents necessary to transfer their interests in such
property. The defendant further agrees to take necessaly steps to ensure that
assets rvhich may be subject to forfeibure, including substitute assets, are not
sold, disbursed, wasted, hidden or otherwise made unavailable for for{eiture,
and to testify truthfully in any judicial forfeitu.re proceeding.
c. The defendant, JAVAR LAJUAN CLARK, further agrees to
waive all interest in any such asset in any administrative or judicial forfeiture
proceeding, whether criminal or civil, state or federal. The defendant agrees to
consent to the entry of orders of forfeiture for such property and waives the
requirements of Federal Rules of Criminal Procedurc 32.2 and 43(a) regarrling
notice of the forfeiture in the charging instrument, announcement of the
forfeiture at sentencing, and incorporation of the forfeiture in the jud.gment.
B
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 8 of 12
The defendant acknowledges that the forfeiture of assets is part of the sentence
that rnay be imposed in this case and waives any failure by the court to advise
them of this, pursuant to Ruie ll(bXlXJ), at the time the guilty plea is
accepted.
d. The defendant, JAVAR LAJUAN CLARK, knowingly and
voluntarily waives his right to a jury trial on the forfeiture of assets. The
defendant further knowingly and voluntarily vraives all constitutional, legal
and equitable claims, defenses and challenges to the forfeiture of assets in any
proceeding, administrative, criminal or civil, any jeopardy defense or claim. of
double jeopardy, and any claim or defense under the Eighth Amendment to the
United States Constitution.
e. The defendant, JAVAR LAJUAN CLARK, knowingly and
voluntarily agrees and understands the abandonment, civil administrative
forfeiture, civil judicial forfeiture, or criminai forfeiture of the property shall
not be treated as satisfaction of any assessment, fine, restitution, cost of
imprisonmerlt, or any other penalty this Court may impose upon the defendant
in addition to the forfeiture.
f- The defendant, JAVAR LAJUAN CLARK, agrees that the
forfeiture provisions of this plea agreement are intended to, and will, survive
I
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 9 of 12
him, notwithstanding the abatement cf any underlying criminal conviction
after the execution of this agreernent. The forfeitability of any particular
property pursuant to this agreement shall be determined as if defendant hacl
survived, and that determination shall be binrling upon defendant's heirs,
successors and assigns.
7. The defendant, JAVAR LAJUAN CLARK, agrees that pursuant to
Title 18, Uniterl States Code, Section 3613, all rnonetary penalties, including
restitution imposed by the Court, shall be due immediately upon juclgment and
subject to immediate enforcement by the United States. The defendant
agrees that if the Court imposes a schedule of payments, the schedule of
payments shall be merely a schedule of minimum payments and shall not be a
iimitation on the methods available to the United States to enforce the
judgment.
8. The defendant, JAVAR LAJUAN CLARK, agrees that his debt
resulting from the criminal monetary penalties due under the criminal
judgment will be submitted to the Treasury Offset Program even if he is
current in his pa.yments under any Court imposed payment schedule.
10
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 10 of 12
9. It is further understood that the United States and the defendant,
JAVAR LAJUAN CLARK, reserve the right to bring to the Court's attention
any facts deemed reJ.evant for purposes of sentencing.
10. The defendant, JAV-AR LAJUAN CLARK, further understands
and agrees that pursuant to Title 18, United States Code, Section 3013, for any
offense committed on cr after October 11, 1996, the defendant shall pay an
assessment to the Court of $100 for each offense to which he is pleading guilty.
This payment shall be made at the time of sentencing by cash or money order
made payable to the Clerk of the United States District Court. If the
defendant is indigent and cannot make the special assessment payment at the
time of sentencing, then the defendant agrees to participate in the Inmate
Financial Responsibility Prograrn for purposes of paying such special
assessment
11
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 11 of 12
11. No agreements, representations, or un<ierstandings have been
made between the parties in this case other than those which are expiicitiy set
forth in this Plea Agreement, and none will be entered into unless executed in
writing and signed by all the parties.
, l .tv^
This the I t) day of M.. u cL. 2023.
Cr^,n C O*^ru",-
SANDRA J. HAIRSTON AMES C. CHAMBERLIN
United States Attorney Attorney for Defendant
0bnAlA ? worr/
ASHLEY E WAID J CLARK
NCSB #5244I
Assistant United States Attorney
101 S. Edgeworth St., 4th FI.
Greensboro, NC 274C1
336/333-5351
/S/ STI
t2
Case 1:23-cr-00079-TDS Document 11 Filed 03/23/23 Page 12 of 12
File and source
- File
- 11-plea-agreement-as-to-javar-lajuan-clark-waid-ashley-entered-.pdf
- Size
- 5,077,956 bytes
- SHA-256
- dc0be4c7b50f603e1a0ca598b564eaa4bd9b01591df11a8490a19a4431e2be0f
- Original
- No public link identified.