Plea Agreement for Defendant Regjinay Tate
Summary
Plea agreement between Regjinay Tate and the United States Attorney's Office for the Central District of California in United States v. Robert Campbell, Jr., et al., No. 5:22-CR-00150-JGB-2, filed February 17, 2023 as Document 132. Tate agrees to plead guilty to Counts One and Three of the Indictment, which charge conspiracy to commit mail fraud and mail fraud in relation to benefits connected to a presidentially declared emergency, under 18 U.S.C. § 1349 and 18 U.S.C. § 1341. The factual basis states that Tate joined, on or around June 20, 2020, an agreement to submit materially false unemployment-insurance applications to the California Employment Development Department and sent personal identifying information to Robert Campbell, Jr. over WhatsApp for a portion of the proceeds. The parties currently believe restitution is approximately $500,666.
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“Plea Agreement for Defendant Regjinay Tate.”
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Case 5:22-cr-00150-JGB Document 132 Filed 02/17/23 Page 1 of 23 Page ID
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1 E. MARTIN ESTRADA
United States Attorney
2 SCOTT M. GARRINGER
Assistant United States Attorney
3 Chief, Criminal Division
ADAM P. SCHLEIFER (Cal. Bar No. 313818)
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-4849
7 Facsimile: (213) 894-5269
E-mail: adam.schleifer@usdoj.gov
8
Attorneys for Plaintiff
9 UNITED STATES OF AMERICA
10 UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA
12 UNITED STATES OF AMERICA, No. 5:22-CR-00150-JGB-2
13 Plaintiff, PLEA AGREEMENT FOR DEFENDANT
REGJINAY TATE (#2)
14 v.
15 ROBERT CAMPBELL, JR., et al.,
16 Defendants.
17
18 1. This constitutes the plea agreement between REGJINAY TATE
19 (“defendant”) and the United States Attorney’s Office for the Central
20 District of California (the “USAO”) in the above-captioned case.
21 This agreement is limited to the USAO and cannot bind any other
22 federal, state, local, or foreign prosecuting, enforcement,
23 administrative, or regulatory authorities.
24 DEFENDANT’S OBLIGATIONS
25 2. Defendant agrees to:
26 a. At the earliest opportunity requested by the USAO and
27 provided by the Court, appear and plead guilty to Counts One and
28 Three of the Indictment in United States v. Campbell, No. 5:22-CR-
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1 150-JGB, which charge defendant with Conspiracy to Commit Mail Fraud
2 in Relation to Benefits Connected to a Presidentially Declared
3 Emergency in violation of 18 U.S.C. § 1349 (Count One) and Mail Fraud
4 in Relation to Benefits Connected to a Presidentially Declared
5 Emergency in violation of 18 U.S.C. § 1341 (Count Three).
6 b. Not contest facts agreed to in this agreement.
7 c. Abide by all agreements regarding sentencing contained
8 in this agreement.
9 d. Appear for all court appearances, surrender as ordered
10 for service of sentence, obey all conditions of any bond, and obey
11 any other ongoing court order in this matter.
12 e. Not commit any crime; however, offenses that would be
13 excluded for sentencing purposes under United States Sentencing
14 Guidelines (“USSG” or “Sentencing Guidelines”) § 4A1.2(c) are not
15 within the scope of this agreement.
16 f. Be truthful at all times with the United States
17 Probation and Pretrial Services Office and the Court.
18 g. Pay the applicable special assessments at or before
19 the time of sentencing unless defendant has demonstrated a lack of
20 ability to pay such assessments.
21 h. Defendant agrees that any and all criminal debt
22 ordered by the Court will be due in full and immediately. The
23 government is not precluded from pursuing, in excess of any payment
24 schedule set by the Court, any and all available remedies by which to
25 satisfy defendant’s payment of the full financial obligation,
26 including referral to the Treasury Offset Program.
27 i. Complete the Financial Disclosure Statement on a form
28 provided by the USAO and, within 30 days of defendant’s entry of a
2
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1 guilty plea, deliver the signed and dated statement, along with all
2 of the documents requested therein, to the USAO by either email at
3 usacac.FinLit@usdoj.gov (preferred) or mail to the USAO Financial
4 Litigation Section at 300 North Los Angeles Street, Suite 7516, Los
5 Angeles, CA 90012. Defendant agrees that defendant’s ability to pay
6 criminal debt shall be assessed based on the completed Financial
7 Disclosure Statement and all required supporting documents, as well
8 as other relevant information relating to ability to pay.
9 j. Authorize the USAO to obtain a credit report upon
10 returning a signed copy of this plea agreement.
11 k. Consent to the USAO inspecting and copying all of
12 defendant’s financial documents and financial information held by the
13 United States Probation and Pretrial Services Office.
14 THE USAO’S OBLIGATIONS
15 3. The USAO agrees to:
16 a. Not contest facts agreed to in this agreement.
17 b. Abide by all agreements regarding sentencing contained
18 in this agreement.
19 c. At the time of sentencing, move to dismiss the
20 remaining counts of the indictment as against defendant. Defendant
21 agrees, however, that at the time of sentencing the Court may
22 consider any dismissed charges in determining the applicable
23 Sentencing Guidelines range, the propriety and extent of any
24 departure from that range, and the sentence to be imposed.
25 d. At the time of sentencing, provided that defendant
26 demonstrates an acceptance of responsibility for the offenses up to
27 and including the time of sentencing, recommend a two-level reduction
28 in the applicable Sentencing Guidelines offense level, pursuant to
3
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1 USSG § 3E1.1, and recommend and, if necessary, move for an additional
2 one-level reduction if available under that section.
3 NATURE OF THE OFFENSES
4 4. Defendant understands that for defendant to be guilty of
5 the crime charged in Count One, that is, Conspiracy to Commit Mail
6 Fraud in Relation to Benefits Connected to a Presidentially Declared
7 Emergency in violation of 18 U.S.C. § 1349, the following must be
8 true:
9 a. There was an agreement between two or more persons to
10 commit Mail Fraud in Relation to Benefits Connected to a
11 Presidentially Declared Emergency;
12 b. Defendant joined in the agreement knowing of its
13 object and intending to help accomplish that object.
14 5. Defendant understands that for defendant to be guilty of
15 the crime charged in Count Three, that is, Mail Fraud in Relation to
16 Benefits Connected to a Presidentially Declared Emergency in
17 violation of 18 U.S.C. § 1341, the following must be true:
18 a. Defendant knowingly participated in a scheme or plan
19 to defraud, or a scheme or plan for obtaining money or property by
20 means of false or fraudulent pretenses, representations, or promises;
21 b. the statements made as part of the scheme were
22 material; that is, they had a natural tendency to influence, or were
23 capable of influencing, a person to part with money or property;
24 c. the defendant acted with the intent to defraud; that
25 is, the intent to deceive and cheat; and
26 d. the defendant used, or caused to be used, the mails to
27 carry out or attempt to carry out an essential part of the scheme.
28
4
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1 6. Defendant understands that for defendant to be subject to
2 the statutory maximum sentences set forth below, the government must
3 prove beyond a reasonable doubt that defendant’s crimes occurred in
4 relation to or involving a benefit authorized or paid in connection
5 with a presidentially declared major disaster or emergency as defined
6 in section 102 of the Stafford Act, in this case, the Lost Wage
7 Assistance Program. Defendant admits that defendant’s crimes
8 occurred in relation to or involving a benefit authorized or paid in
9 connection with a presidentially declared major disaster or emergency
10 as defined in section 102 of the Stafford Act, in this case, the Lost
11 Wage Assistance Program, as described in paragraphs six, sixteen, and
12 twenty-one of the indictment and as charged in Counts One and Three
13 of the indictment.
14 PENALTIES AND RESTITUTION
15 7. Defendant understands that the statutory maximum sentence
16 that the Court can impose for her violation of 18 U.S.C. § 1349, is:
17 30 years of imprisonment; a 5-year period of supervised release; a
18 fine of $1,000,000 or twice the gross gain or gross loss resulting
19 from the offense, whichever is greater; and a mandatory special
20 assessment of $100.
21 8. Defendant understands that the statutory maximum sentence
22 that the Court can impose for her violation of 18 U.S.C. § 1341, is:
23 30 years of imprisonment; a 5-year period of supervised release; a
24 fine of $1,000,000 or twice the gross gain or gross loss resulting
25 from the offense, whichever is greater; and a mandatory special
26 assessment of $100.
27 9. Defendant understands, therefore, that the total maximum
28 sentence for all offenses to which defendant is pleading guilty is:
5
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1 60 years of imprisonment; a 5-year period of supervised release; a
2 fine of $2,000,000 or twice the gross gain or gross loss resulting
3 from the offense, whichever is greater; and a mandatory special
4 assessment of $200.
5 10. Defendant understands that defendant will be required to
6 pay full restitution to the victims of the offenses to which
7 defendant is pleading guilty. Defendant agrees that, in return for
8 the USAO’s compliance with its obligations under this agreement, the
9 Court may order restitution to persons other than the victims of the
10 offenses to which defendant is pleading guilty and in amounts greater
11 than those alleged in the counts to which defendant is pleading
12 guilty. In particular, defendant agrees that the Court may order
13 restitution to any victim of any of the following for any losses
14 suffered by that victim as a result: (a) any relevant conduct, as
15 defined in USSG § 1B1.3, in connection with the offenses to which
16 defendant is pleading guilty; and (b) any counts dismissed pursuant
17 to this agreement as well as all relevant conduct, as defined in USSG
18 § 1B1.3, in connection with those counts. The parties currently
19 believe that the applicable amount of restitution is approximately
20 $500,666, but recognize and agree that this amount could change based
21 on facts that come to the attention of the parties prior to
22 sentencing.
23 11. Defendant understands that supervised release is a period
24 of time following imprisonment during which defendant will be subject
25 to various restrictions and requirements. Defendant understands that
26 if defendant violates one or more of the conditions of any supervised
27 release imposed, defendant may be returned to prison for all or part
28 of the term of supervised release authorized by statute for the
6
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1 offense that resulted in the term of supervised release, which could
2 result in defendant serving a total term of imprisonment greater than
3 the statutory maximum stated above.
4 12. Defendant understands that, by pleading guilty, defendant
5 may be giving up valuable government benefits and valuable civic
6 rights, such as the right to vote, the right to possess a firearm,
7 the right to hold office, and the right to serve on a jury. Defendant
8 understands that she is pleading guilty to a felony and that it is a
9 federal crime for a convicted felon to possess a firearm or
10 ammunition. Defendant understands that the convictions in this case
11 may also subject defendant to various other collateral consequences,
12 including but not limited to revocation of probation, parole, or
13 supervised release in another case and suspension or revocation of a
14 professional license. Defendant understands that unanticipated
15 collateral consequences will not serve as grounds to withdraw
16 defendant’s guilty pleas.
17 13. Defendant and her counsel have discussed the fact that, and
18 defendant understands that, if defendant is not a United States
19 citizen, the convictions in this case makes it practically inevitable
20 and a virtual certainty that defendant will be removed or deported
21 from the United States. Defendant may also be denied United States
22 citizenship and admission to the United States in the future.
23 Defendant understands that while there may be arguments that
24 defendant can raise in immigration proceedings to avoid or delay
25 removal, removal is presumptively mandatory and a virtual certainty
26 in this case. Defendant further understands that removal and
27 immigration consequences are the subject of a separate proceeding and
28 that no one, including defendant’s attorney or the Court, can predict
7
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1 to an absolute certainty the effect of defendant’s convictions on
2 defendant’s immigration status. Defendant nevertheless affirms that
3 defendant wants to plead guilty regardless of any immigration
4 consequences defendant’s pleas may entail, even if the consequence is
5 automatic removal from the United States.
6 FACTUAL BASIS
7 14. Defendant admits that defendant is, in fact, guilty of the
8 offenses to which defendant is agreeing to plead guilty. Defendant
9 and the USAO agree to the statement of facts provided below and agree
10 that this statement of facts is sufficient to support pleas of guilty
11 to the charges described in this agreement and to establish the
12 Sentencing Guidelines factors set forth in paragraph 16 below but is
13 not meant to be a complete recitation of all facts relevant to the
14 underlying criminal conduct or all facts known to either party that
15 relate to that conduct.
16 Beginning no later than in or around March 2020 and continuing
17 through at least in or around July 2021, in Los Angeles, Riverside,
18 and San Bernardino Counties, within the Central District of
19 California, and elsewhere, there was an agreement between two or more
20 persons to submit materially false applications to the California
21 Employment Development Department (“EDD”) for unemployment-insurance
22 (“UI”) benefits and other related federally funded COVID-19 pandemic-
23 relief benefits. Defendant joined in the agreement knowing of its
24 object and intending to help accomplish that object and participated
25 in the conspiracy beginning no later than on or around June 20, 2020
26 and continuing through at least on or around October 19, 2020.
27 Defendant and her coconspirators acquired personal identifying
28 information (“PII”) -- including names, dates of birth, and Social
8
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1 Security Numbers -- of individuals they knew to be ineligible for UI
2 and related pandemic benefits and sent the PII to ROBERT CAMPBELL,
3 JR. (“CAMPBELL”) over the WhatsApp electronic messaging service in
4 exchange for a portion of the resulting proceeds from payments made
5 upon these fraudulent UI claims. A portion of such proceeds were
6 funded by the federally (FEMA) funded “Lost Wages Assistance Program”
7 (“LWAP”).
8 The fraudulent EDD applications submitted as part of the scheme
9 would generally:
10 i. falsely state claimants’ prior annual income by asserting
11 an annual income of $42,000 for all claimants regardless of their
12 actual income;
13 ii. falsely state that the named claimants were “Unemployed
14 Self-employed Individual[s]” whose employment was negatively affected
15 because “Salons and barbershops closed due to covid19,” when, in
16 truth, the claimants had not worked in salons or barbershops, nor had
17 their employment status been altered by the closure of salons or
18 barbershops; and
19 iii. falsely state claimants’ mailing addresses by replacing
20 claimants’ true mailing addresses with mailing addresses associated
21 with locations chosen and controlled by defendant and her
22 coconspirators.
23 In furtherance of the conspiracy and as part of the fraudulent
24 scheme, defendant sent CAMPBELL a WhatsApp message on or around July
25 2, 2020, which message contained victim-claimant D.L.’s Social
26 Security Number and birthdate and which caused an EDD debit card
27 ending in 3274 in the name of victim-claimant D.L. to be sent via
28 United States mail to 420 N. McKinley St. #11-291 in Corona, CA on or
9
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1 around July 16, 2020. This mailing was both reasonably foreseeable
2 to defendant and within the scope of her jointly undertaken criminal
3 conduct with her coconspirators.
4 On or around July 17, 2020, defendant asserted to CAMPBELL that
5 she had “retired” from the scheme because she did not “want to take
6 [her] chances of someone snitching when it comes down to it”; she had
7 “priors,” i.e., “fraud & theft,” and “people talk when they up
8 against shit,” “so I’m not going [sic] any people I don’t know”
9 because “I don’t need another fraud because I will do jail time not
10 no house arrest.” On the very next day, however (on or around July
11 18, 2020), defendant sent a WhatsApp message to CAMPBELL, informing
12 him that she “just got all the mail for Dwayne, Hezekiah, Franklin .
13 . . and a few others,” and that "[t]hey want them to verify social,
14 ID and a few other things” before confirming with CAMPBELL that she
15 had certified fraudulent claims in furtherance of the conspiracy and
16 fraudulent scheme.
17 Through her participation in this conspiracy and fraudulent
18 scheme, defendant personally caused losses to the EDD totaling
19 approximately $500,666.
20 SENTENCING FACTORS
21 15. Defendant understands that in determining defendant’s
22 sentence the Court is required to calculate the applicable Sentencing
23 Guidelines range and to consider that range, possible departures
24 under the Sentencing Guidelines, and the other sentencing factors set
25 forth in 18 U.S.C. § 3553(a). Defendant understands that the
26 Sentencing Guidelines are advisory only, that defendant cannot have
27 any expectation of receiving a sentence within the calculated
28 Sentencing Guidelines range, and that after considering the
10
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1 Sentencing Guidelines and the other § 3553(a) factors, the Court will
2 be free to exercise its discretion to impose any sentence it finds
3 appropriate up to the maximum set by statute for the crimes of
4 conviction.
5
6 16. Defendant and the USAO agree to the following applicable
7 Sentencing Guidelines factors:
8 Base Offense Level: 7 USSG § 2B1.1(a)(1)
9 Specific Offense
Characteristics:
10
Loss Greater Than $250,000 +12 USSG § 2B1.1(b)(1)(G)
11
Fraud in Connection with
12 Major Disaster or Emergency
Benefits +2 USSG § 2B1.1(b)(12)
13
14 Defendant and the USAO reserve the right to argue that additional
15 specific offense characteristics, adjustments, and departures under
16 the Sentencing Guidelines are appropriate.
17 17. Defendant understands that there is no agreement as to
18 defendant’s criminal history or criminal history category.
19 18. Defendant and the USAO reserve the right to argue for a
20 sentence outside the sentencing range established by the Sentencing
21 Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),
22 (a)(2), (a)(3), (a)(6), and (a)(7).
23 WAIVER OF CONSTITUTIONAL RIGHTS
24 19. Defendant understands that by pleading guilty, defendant
25 gives up the following rights:
26 a. The right to persist in a plea of not guilty.
27 b. The right to a speedy and public trial by jury.
28
11
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1 c. The right to be represented by counsel –- and if
2 necessary have the Court appoint counsel -- at trial. Defendant
3 understands, however, that, defendant retains the right to be
4 represented by counsel –- and if necessary have the Court appoint
5 counsel –- at every other stage of the proceeding.
6 d. The right to be presumed innocent and to have the
7 burden of proof placed on the government to prove defendant guilty
8 beyond a reasonable doubt.
9 e. The right to confront and cross-examine witnesses
10 against defendant.
11 f. The right to testify and to present evidence in
12 opposition to the charges, including the right to compel the
13 attendance of witnesses to testify.
14 g. The right not to be compelled to testify, and, if
15 defendant chose not to testify or present evidence, to have that
16 choice not be used against defendant.
17 h. Any and all rights to pursue any affirmative defenses,
18 Fourth Amendment or Fifth Amendment claims, and other pretrial
19 motions that have been filed or could be filed.
20 WAIVER OF APPEAL OF CONVICTION
21 20. Defendant understands that, with the exception of an appeal
22 based on a claim that defendant’s guilty pleas were involuntary, by
23 pleading guilty defendant is waiving and giving up any right to
24 appeal defendant’s convictions on the offenses to which defendant is
25 pleading guilty. Defendant understands that this waiver includes,
26 but is not limited to, arguments that the statutes to which defendant
27 is pleading guilty are unconstitutional, and any and all claims that
28
12
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1 the statement of facts provided herein is insufficient to support
2 defendant’s pleas of guilty.
3 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
4 21. Defendant agrees that, provided the Court imposes a total
5 term of imprisonment within or below the range corresponding to an
6 offense level of 22 and the criminal history category calculated by
7 the Court, defendant gives up the right to appeal all of the
8 following: (a) the procedures and calculations used to determine and
9 impose any portion of the sentence; (b) the term of imprisonment
10 imposed by the Court; (c) the fine imposed by the Court, provided it
11 is within the statutory maximum; (d) to the extent permitted by law,
12 the constitutionality or legality of defendant’s sentence, provided
13 it is within the statutory maximum; (e) the amount and terms of any
14 restitution order, provided it requires payment of no more than
15 $1,660,000; (f) the term of probation or supervised release imposed
16 by the Court, provided it is within the statutory maximum; and
17 (g) any of the following conditions of probation or supervised
18 release imposed by the Court: the conditions set forth in Second
19 Amended General Order 20-04 of this Court; the drug testing
20 conditions mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d); and the
21 alcohol and drug use conditions authorized by 18 U.S.C. § 3563(b)(7).
22 22. Defendant also gives up any right to bring a post-
23 conviction collateral attack on the convictions or sentence,
24 including any order of restitution, except a post-conviction
25 collateral attack based on a claim of ineffective assistance of
26 counsel, a claim of newly discovered evidence, or an explicitly
27 retroactive change in the applicable Sentencing Guidelines,
28 sentencing statutes, or statutes of conviction. Defendant
13
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1 understands that this waiver includes, but is not limited to,
2 arguments that the statutes to which defendant is pleading guilty are
3 unconstitutional, and any and all claims that the statement of facts
4 provided herein is insufficient to support defendant’s pleas of
5 guilty.
6 23. The USAO agrees that, provided (a) all portions of the
7 sentence are at or below the statutory maximum specified above and
8 (b) the Court imposes a term of imprisonment within or above the
9 range corresponding to an offense level of 20 and the criminal
10 history category calculated by the Court, the USAO gives up its right
11 to appeal any portion of the sentence, with the exception that the
12 USAO reserves the right to appeal the amount of restitution ordered
13 if that amount is less than $500,666.
14 RESULT OF WITHDRAWAL OF GUILTY PLEA
15 24. Defendant agrees that if, after entering guilty pleas
16 pursuant to this agreement, defendant seeks to withdraw and succeeds
17 in withdrawing defendant’s guilty pleas on any basis other than a
18 claim and finding that entry into this plea agreement was
19 involuntary, then (a) the USAO will be relieved of all of its
20 obligations under this agreement; and (b) should the USAO choose to
21 pursue any charge that was either dismissed or not filed as a result
22 of this agreement, then (i) any applicable statute of limitations
23 will be tolled between the date of defendant’s signing of this
24 agreement and the filing commencing any such action; and
25 (ii) defendant waives and gives up all defenses based on the statute
26 of limitations, any claim of pre-indictment delay, or any speedy
27 trial claim with respect to any such action, except to the extent
28
14
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1 that such defenses existed as of the date of defendant’s signing this
2 agreement.
3 RESULT OF VACATUR, REVERSAL, OR SET-ASIDE
4 25. Defendant agrees that if any count of conviction is
5 vacated, reversed, or set aside, the USAO may: (a) ask the Court to
6 resentence defendant on any remaining count of conviction, with both
7 the USAO and defendant being released from any stipulations regarding
8 sentencing contained in this agreement, (b) ask the Court to void the
9 entire plea agreement and vacate defendant’s guilty pleas on any
10 remaining count of conviction, with both the USAO and defendant being
11 released from all their obligations under this agreement, or
12 (c) leave defendant’s remaining conviction, sentence, and plea
13 agreement intact. Defendant agrees that the choice among these three
14 options rests in the exclusive discretion of the USAO.
15 EFFECTIVE DATE OF AGREEMENT
16 26. This agreement is effective upon signature and execution of
17 all required certifications by defendant, defendant’s counsel, and an
18 Assistant United States Attorney.
19 BREACH OF AGREEMENT
20 27. Defendant agrees that if defendant, at any time after the
21 effective date of this agreement, knowingly violates or fails to
22 perform any of defendant’s obligations under this agreement (“a
23 breach”), the USAO may declare this agreement breached. All of
24 defendant’s obligations are material, a single breach of this
25 agreement is sufficient for the USAO to declare a breach, and
26 defendant shall not be deemed to have cured a breach without the
27 express agreement of the USAO in writing. If the USAO declares this
28 agreement breached, and the Court finds such a breach to have
15
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1 occurred, then: (a) if defendant has previously entered guilty pleas
2 pursuant to this agreement, defendant will not be able to withdraw
3 the guilty pleas, and (b) the USAO will be relieved of all its
4 obligations under this agreement.
5 28. Following the Court’s finding of a knowing breach of this
6 agreement by defendant, should the USAO choose to pursue any charge
7 that was either dismissed or not filed as a result of this agreement,
8 then:
9 a. Defendant agrees that any applicable statute of
10 limitations is tolled between the date of defendant’s signing of this
11 agreement and the filing commencing any such action.
12 b. Defendant waives and gives up all defenses based on
13 the statute of limitations, any claim of pre-indictment delay, or any
14 speedy trial claim with respect to any such action, except to the
15 extent that such defenses existed as of the date of defendant’s
16 signing this agreement.
17 c. Defendant agrees that: (i) any statements made by
18 defendant, under oath, at the guilty plea hearing (if such a hearing
19 occurred prior to the breach); (ii) the agreed to factual basis
20 statement in this agreement; and (iii) any evidence derived from such
21 statements, shall be admissible against defendant in any such action
22 against defendant, and defendant waives and gives up any claim under
23 the United States Constitution, any statute, Rule 410 of the Federal
24 Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal
25 Procedure, or any other federal rule, that the statements or any
26 evidence derived from the statements should be suppressed or are
27 inadmissible.
28
16
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1 COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES
2 OFFICE NOT PARTIES
3 29. Defendant understands that the Court and the United States
4 Probation and Pretrial Services Office are not parties to this
5 agreement and need not accept any of the USAO’s sentencing
6 recommendations or the parties’ agreements to facts or sentencing
7 factors.
8 30. Defendant understands that both defendant and the USAO are
9 free to: (a) supplement the facts by supplying relevant information
10 to the United States Probation and Pretrial Services Office and the
11 Court, (b) correct any and all factual misstatements relating to the
12 Court’s Sentencing Guidelines calculations and determination of
13 sentence, and (c) argue on appeal and collateral review that the
14 Court’s Sentencing Guidelines calculations and the sentence it
15 chooses to impose are not error, although each party agrees to
16 maintain its view that the calculations in paragraph 16 are
17 consistent with the facts of this case. While this paragraph permits
18 both the USAO and defendant to submit full and complete factual
19 information to the United States Probation and Pretrial Services
20 Office and the Court, even if that factual information may be viewed
21 as inconsistent with the facts agreed to in this agreement, this
22 paragraph does not affect defendant’s and the USAO’s obligations not
23 to contest the facts agreed to in this agreement.
24 31. Defendant understands that even if the Court ignores any
25 sentencing recommendation, finds facts or reaches conclusions
26 different from those agreed to, and/or imposes any sentence up to the
27 maximum established by statute, defendant cannot, for that reason,
28 withdraw defendant’s guilty pleas, and defendant will remain bound to
17
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1 fulfill all defendant’s obligations under this agreement. Defendant
2 understands that no one –- not the prosecutor, defendant’s attorney,
3 or the Court –- can make a binding prediction or promise regarding
4 the sentence defendant will receive, except that it will be within
5 the statutory maximum.
6 NO ADDITIONAL AGREEMENTS
7 32. Defendant understands that, except as set forth herein,
8 there are no promises, understandings, or agreements between the USAO
9 and defendant or defendant’s attorney, and that no additional
10 promise, understanding, or agreement may be entered into unless in a
11 writing signed by all parties or on the record in court.
12 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
13 33. The parties agree that this agreement will be considered
14 part of the record of defendant’s guilty plea hearing as if the
15 entire agreement had been read into the record of the proceeding.
16 AGREED AND ACCEPTED
17 UNITED STATES ATTORNEY’S OFFICE
FOR THE CENTRAL DISTRICT OF CALIFORNIA
18
E. MARTIN ESTRADA
19 United States Attorney
20 2/17/23
21 ADAM P. SCHLEIFER Date
Assistant United States Attorney
22
23 REGJINAY TATE Date
Defendant
24
25 JOSEPH SHEMARIA, ESQ. Date
Attorney for Defendant REGJINAY TATE
26
27
28
18
Case 5:22-cr-00150-JGB Document 132 Filed 02/17/23 Page 19 of 23 Page ID
#:562
1 CERTIFICATION OF DEFENDANT
2 I have read this agreement in its entirety. I have had enough
3 time to review and consider this agreement, and I have carefully and
4 thoroughly discussed every part of it with my attorney. I understand
5 the terms of this agreement, and I voluntarily agree to those terms.
6 I have discussed the evidence with my attorney, and my attorney has
7 advised me of my rights, of possible pretrial motions that might be
8 filed, of possible defenses that might be asserted either prior to or
9 at trial, of the sentencing factors set forth in 18 U.S.C. § 3553(a),
10 of relevant Sentencing Guidelines provisions, and of the consequences
11 of entering into this agreement. No promises, inducements, or
12 representations of any kind have been made to me other than those
13 contained in this agreement. No one has threatened or forced me in
14 any way to enter into this agreement. I am satisfied with the
15 representation of my attorney in this matter, and I am pleading
16 guilty because I am guilty of the charges and wish to take advantage
17 of the promises set forth in this agreement, and not for any other
18 reason.
19
20 REGJINAY TATE Date
Defendant
21
22 CERTIFICATION OF DEFENDANT’S ATTORNEY
23 I am REGJINAY TATE’s attorney. I have carefully and thoroughly
24 discussed every part of this agreement with my client. Further, I
25 have fully advised my client of her rights, of possible pretrial
26 motions that might be filed, of possible defenses that might be
27 asserted either prior to or at trial, of the sentencing factors set
28 forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
19
Case 5:22-cr-00150-JGB Document 132 Filed 02/17/23 Page 20 of 23 Page ID
#:563
1 provisions, and of the consequences of entering into this agreement.
2 To my knowledge: no promises, inducements, or representations of any
3 kind have been made to my client other than those contained in this
4 agreement; no one has threatened or forced my client in any way to
5 enter into this agreement; my client’s decision to enter into this
6 agreement is an informed and voluntary one; and the factual basis set
7 forth in this agreement is sufficient to support my client’s entry of
8 guilty pleas pursuant to this agreement.
9
10 JOSEPH SHEMARIA, ESQ. Date
Attorney for Defendant REGJINAY TATE
11
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Case 5:22-cr-00150-JGB Document 132 Filed 02/17/23 Page 21 of 23 Page ID
#:564
1 fulfill all defendant's obligations under this agreement. Defendant
2 understands that no one not the prosecutor, defendant's attorney,
3 or the Court -- can make a binding prediction or promise regarding
4 the sentence defendant will receive, except that it will be within
5 the statutory maximum.
6 NO ADDITIONAL AGREEMENTS
7 32. Defendant understands that, except as set forth herein,
8 there are no promises, understandings, or agreements between the USAO
9 and defendant or defendant's attorney, and that no additional
10 promise, understanding, or agreement may be entered into unless in a
11 writing signed by all parties or on the record in court.
12 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
13 33. The parties agree that this agreement will be considered
14 part of the record of defendant's guilty plea hearing as if the
15 entire agreement had been read into the record of the proceeding.
16 AGREED AND ACCEPTED
17 UNITED STATES ATTORNEY'S OFFICE
FOR THE CENTRAL DISTRICT OF CALIFORNIA
18
E. MARTIN ESTRADA
19 United States Attorney
20
21 ADAM P. SCHLEIFER Date
Assist Attorney
22
23 Date ,
24
25 JOSEF A, ESQ.
Attorney for Defendant REGJINAY TATE
26
27
28
18
Case 5:22-cr-00150-JGB Document 132 Filed 02/17/23 Page 22 of 23 Page ID
#:565
1 CERTIFICATION OF DEFENDANT
2 I have read this agreement in its entirety. I have had enough
3 time to review and consider this agreement, and I have carefully and
4 thoroughly discussed every part of it with my attorney. I understand
5 the terms of this agreement, and I voluntarily agree to those terms.
6 I have discussed the evidence with my attorney, and my attorney has
7 advised me of my rights, of possible pretrial motions that might be
8 filed, of possible defenses that might be asserted either prior to or
9 at trial, of the sentencing factors set forth in 18 U.S.C. § 3553(a),
10 of relevant Sentencing Guidelines provisions, and of the consequences
11 of entering into this agreement. No promises, inducements, or
12 representations of any kind have been made to me other than those
13 contained in this agreement. No one has threatened or forced me in
14 any way to enter into this agreement. I am satisfied with the
15 representation of my attorney in this matter, and I am pleading
16 guilty because I am guilty of the charges and wish to take advantage
17 of the promises set forth in this agreement, and not for any other
18 reason.
19
20 REGJINn_ 'i'1(TE Date ;
Defendant
21
22 CERTIFICATION OF DEFENDANT'S ATTORNEY
23 I am REGJINAY TATE's attorney. I have carefully and thoroughly
24 discussed every part of this agreement with my client. Further, I
25 have fully advised my client of her rights, of possible pretrial
26 motions that might be filed, of possible defenses that might be
27 asserted either prior to or at trial, of the sentencing factors set
28 forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
19
Case 5:22-cr-00150-JGB Document 132 Filed 02/17/23 Page 23 of 23 Page ID
#:566
1 provisions, and of the consequences of entering into this agreement.
2 To my knowledge: no promises, inducements, or representations of any
3 kind have been made to my client other than those contained in this
4 agreement; no one has threatened or forced my client in any way to
5 enter into this agreement; my client's decision to enter into this
6 agreement is an informed and voluntary one; and the factual basis set
7 forth in this agreement is sufficient to support my client's entry of
8 this agreement.
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REGJINAY TATE
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