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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.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/132-plea-agreement-44f88e5afd/, SHA-256 5ab4940949d074662381aba63215f47dfb79c8071f3819f37d7b97ccc04e0346.

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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

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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

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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

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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:

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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     Case 5:22-cr-00150-JGB   Document 132 Filed 02/17/23   Page 17 of 23 Page ID
                                        #:560


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
     Case 5:22-cr-00150-JGB   Document 132 Filed 02/17/23    Page 18 of 23 Page ID
                                        #:561


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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                                          20
     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.

 9

10
                                REGJINAY TATE
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