Plea Agreement for Defendant — United States v. Abiola Femi Quadri

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E. MARTIN ESTRADA
United States Attorney
MACK E. JENKINS
Assistant United States Attorney
Chief, Criminal Division
ANDREW BROWN (Cal. Bar No. 172009)
Assistant United States Attorney
Major Frauds Section
1100 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-0102
Facsimile: (213) 894-6269
E-mail:
andrew.brown@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

ABIOLA FEMI QUADRI,

Defendant.

No. 2:24-CR-617-GW
PLEA AGREEMENT FOR DEFENDANT
ABIOLA FEMI QUADRI

1.
This constitutes the plea agreement between ABIOLA FEMI
QUADRI (“defendant”), and the United States Attorney’s Office for
the Central District of California (the “USAO”) in the above-
captioned case.  This agreement is limited to the USAO and cannot
bind any other federal, state, local, or foreign prosecuting,
enforcement, administrative, or regulatory authorities.
DEFENDANT’S OBLIGATIONS
2.
Defendant agrees to:
a)
At the earliest opportunity requested by the USAO and
provided by the Court, appear and plead guilty to Count One of the
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Information, which charges defendant with Conspiracy to Commit Bank
Fraud, in violation of 18 U.S.C. § 1349.
b)
Not contest facts agreed to in this agreement.
c)
Abide by all agreements regarding sentencing
contained in this agreement.
d)
Appear for all court appearances, surrender as
ordered for service of sentence, obey all conditions of any bond,
and obey any other ongoing court order in this matter.
e)
Not commit any crime; however, offenses that would be
excluded for sentencing purposes under United States Sentencing
Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are
not within the scope of this agreement.
f)
Be truthful at all times with Pretrial Services, the
United States Probation Office, and the Court.
g)
Pay the applicable special assessment at or before
the time of sentencing unless defendant lacks the ability to pay and
prior to sentencing submits a completed financial statement on a
form to be provided by the USAO.
h)
Not bring a post-conviction collateral attack on the
conviction or sentence except a post-conviction collateral attack
based on a claim of ineffective assistance of counsel.
i)
Not move to withdraw defendant's guilty plea.
j)
Not file a notice of appeal, unless the term of
imprisonment imposed exceeds fifteen years.
THE USAO’S OBLIGATIONS
3.
The USAO agrees to:
a)
Not contest facts agreed to in this agreement.
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b)
At the time of sentencing, move to dismiss the
remaining count of the Information as against defendant.  Defendant
understands, however, that at the time of sentencing the Court may
consider any dismissed charges in determining the applicable
Sentencing Guidelines range, the propriety and extent of any
departure from that range, and the sentence to be imposed.
NATURE OF THE OFFENSE
4.
Defendant understands that for defendant to be guilty of
conspiracy to commit bank fraud, in violation of Title 18, United
States Code, Section 1349, the following must be true:  First,
during the time period alleged in the Information there was an
agreement between two or more persons to commit bank fraud; Second,
defendant became a member of the conspiracy knowing of its object
and intending to help accomplish it.  The elements of bank fraud, in
turn, are as follows:  First, defendant knowingly carried out a
scheme or plan to obtain money or property from a financial
institution by making false statements or promises; Second,
defendant knew that the statements or promises were false; Third,
the statements or promises were material, that is, they had a
natural tendency to influence, or were capable of influencing, a
financial institution to part with money or property; Fourth, the
defendant acted with the intent to defraud; and Fifth, the financial
institution was federally insured.
PENALTIES AND RESTITUTION
5.
Defendant understands that the statutory maximum sentence
that the Court can impose for a violation of Title 18, United States
Code, Sections 1349, 1344, is: 30 years’ imprisonment; a five-year
period of supervised release; a fine of $1,000,000, or twice the
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gross gain or loss, whichever is greatest; and a mandatory special
assessment of $100.
6.
Defendant understands that supervised release is a period
of time following imprisonment during which defendant will be
subject to various restrictions and requirements.  Defendant
understands that if defendant violates one or more of the conditions
of any supervised release imposed, defendant may be returned to
prison for all or part of the term of supervised release authorized
by statute for the offense that resulted in the term of supervised
release, which could result in defendant serving a total term of
imprisonment greater than the statutory maximum stated above.
7.
Defendant understands that, by pleading guilty, defendant
may be giving up valuable government benefits and valuable civic
rights, such as the right to vote, the right to possess a firearm,
the right to hold office, and the right to serve on a jury.
Defendant understands that once the court accepts defendant’s guilty
plea, it will be a federal felony for defendant to possess a firearm
or ammunition.  Defendant understands that the conviction in this
case may also subject defendant to various other collateral
consequences, including but not limited to revocation of probation,
parole, or supervised release in another case and suspension or
revocation of a professional license.  Defendant understands that
unanticipated collateral consequences will not serve as grounds to
withdraw defendant’s guilty plea.
8.
Defendant and defendant’ counsel have discussed the fact
that, and defendant understands that, because defendant is not a
United States citizen, the conviction in this case makes it
practically inevitable and a virtual certainty that defendant will
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be removed or deported from the United States.  Defendant may also
be denied United States citizenship and admission to the United
States in the future.  Defendant understands that while there may be
arguments that defendant can raise in immigration proceedings to
avoid or delay removal, removal is presumptively mandatory and a
virtual certainty in this case.  Defendant further understands that
removal and immigration consequences are the subject of a separate
proceeding and that no one, including defendant’s attorney or the
Court, can predict to an absolute certainty the effect of
defendant’s conviction on defendant’s immigration status.  Defendant
nevertheless affirms that defendant wants to plead guilty regardless
of any immigration consequences that this plea may entail, even if
the consequence is automatic removal from the United States.
9.
Defendant understands that defendant will be required to
pay full restitution to the victims of the offense to which
defendant is pleading guilty.  Defendant agrees that, in return for
the USAO’s compliance with its obligations under this agreement, the
Court may order restitution to persons other than the victims of the
offenses to which defendant is pleading guilty and in amounts
greater than those alleged in the count to which defendant is
pleading guilty.  In particular, defendant agrees that the Court may
order restitution to any victim of any of the following for any
losses suffered by that victim as a result: (a) any relevant
conduct, as defined in U.S.S.G. § 1B1.3, in connection with the
offenses to which defendant is pleading guilty; and (b) any counts
dismissed and charges not prosecuted pursuant to this agreement as
well as all relevant conduct, as defined in U.S.S.G. § 1B1.3, in
connection with those counts and charges.
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FACTUAL BASIS
10.
Defendant admits that defendant is, in fact, guilty of the
offenses to which defendant is agreeing to plead guilty.  Defendant
and the USAO agree to the statement of facts provided below and
agree that this statement of facts is sufficient to support a plea
of guilty to the charges described in this agreement and to
establish the Sentencing Guidelines factors set forth below but is
not meant to be a complete recitation of all facts relevant to the
underlying criminal conduct or all facts known to either party that
relate to that conduct.

Beginning in or before 2020, and continuing through at least
2022, there was an agreement between two or more persons to
commit bank fraud.  Defendant became a member of that
conspiracy knowing of its object and intending to help
accomplish it.  In furtherance of the conspiracy, defendant and
his co-conspirators stole the personal identifying information
of victims, and applied for disability and unemployment
benefits in their names through the California Employment
Development Department (“EDD”).  Defendant and his co-
conspirators counterfeited disability certifications
purportedly issued by real doctors, whose identities were also
stolen.  Defendant received the EDD debit cards, issued through
Bank of America, which were credited with the fraudulent
benefits.  Acting with the intent to defraud, defendant used
the EDD debit cards at ATMs to withdraw in cash those benefits.
As a result of this fraud, defendant and his co-conspirators
defrauded federally-insured financial institutions including
Bank of America.
SENTENCING FACTORS
11.
Defendant understands that in determining defendant’s
sentence the Court is required to calculate the applicable
Sentencing Guidelines range and to consider that range, possible
departures under the Sentencing Guidelines, and the other sentencing
factors set forth in 18 U.S.C. § 3553(a).  Defendant understands
that the Sentencing Guidelines are advisory only, that defendant
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cannot have any expectation of receiving a sentence within the
calculated Sentencing Guidelines range, and that after considering
the Sentencing Guidelines and the other § 3553(a) factors, the Court
will be free to exercise its discretion to impose any sentence it
finds appropriate up to the maximum set by statute for the crimes of
conviction.
12.
Defendant and the USAO agree to the following applicable
Sentencing Guidelines factors:
Base Offense Level:
  7 U.S.S.G. § 2B1.1(a)(1)
Defendant and the USAO reserve the right to argue that additional
specific offense characteristics, adjustments, and departures under
the Sentencing Guidelines are appropriate.
13.
Defendant understands that there is no agreement as to
defendant’s criminal history score or category.
14.
Defendant and the USAO reserve the right to argue for a
sentence outside the sentencing range established by the Sentencing
Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),
(a)(2), (a)(3), (a)(6), and (a)(7).
WAIVER OF CONSTITUTIONAL RIGHTS
15.
Defendant understands that by pleading guilty, defendant
gives up the following rights:
a)
The right to persist in a plea of not guilty.
b)
The right to a speedy and public trial by jury.
c)
The right to be represented by counsel – and if
necessary have the court appoint counsel - at trial.  Defendant
understands, however, that, defendant retains the right to be
represented by counsel – and if necessary have the court appoint
counsel – at every other stage of the proceeding.
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d)
The right to be presumed innocent and to have the
burden of proof placed on the government to prove defendant guilty
beyond a reasonable doubt.
e)
The right to confront and cross-examine witnesses
against defendant.
f)
The right to testify and to present evidence in
opposition to the charges, including the right to compel the
attendance of witnesses to testify.
g)
The right not to be compelled to testify, and, if
defendant chose not to testify or present evidence, to have that
choice not be used against defendant.
h)
Any and all rights to pursue any affirmative
defenses, Fourth Amendment or Fifth Amendment claims, and other
pretrial motions that have been filed or could be filed.
LIMITED WAIVER OF DISCOVERY
16.
In exchange for the government's obligations under this
agreement, defendant gives up any right defendant may have had to
review any additional discovery.
ABANDONMENT OF DIGITAL DEVICES
17.
Defendant abandons all right, title, and interest
defendant had in any of the digital devices seized by law
enforcement officials in this case, which defendant admits are
instrumentalities of defendant’s offense.
WAIVER OF APPEAL OF CONVICTION
18.
Defendant understands that, with the exception of an
appeal based on a claim that defendant’s guilty pleas were
involuntary, by pleading guilty defendant is waiving and giving up
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any right to appeal defendant’s convictions on the offenses to which
defendant is pleading guilty.
LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
19.
Defendant agrees that, provided the Court imposes a term
of imprisonment of no more than fifteen years, defendant gives up
the right to appeal all of the following: (a) the procedures and
calculations used to determine and impose any portion of the
sentence; (b) the term of imprisonment imposed by the Court; (c) the
fine imposed by the court, provided it is within the statutory
maximum; (d) the term of probation or supervised release imposed by
the Court, provided it is within the statutory maximum; (e) the
amount and terms of any restitution order, provided it requires
payment of no more than $10,000,000; and (f) the conditions of
probation or supervised release imposed by the Court.
20.
Defendant also gives up any right to bring a post-
conviction collateral attack on the convictions or sentence,
including any order of restitution, except a post-conviction
collateral attack based on a claim of ineffective assistance of
counsel, a claim of newly discovered evidence, or an explicitly
retroactive change in the applicable Sentencing Guidelines,
sentencing statutes, or statutes of conviction.
21.
The USAO gives up its right to appeal any portion of the
sentence unless defendant files a notice of appeal, in which case
the USAO is free to cross-appeal every aspect of the sentence.
RESULT OF WITHDRAWAL OF GUILTY PLEA
22.
Defendant agrees that if, after entering a guilty plea
pursuant to this agreement, defendant seeks to withdraw and succeeds
in withdrawing defendant’s guilty plea on any basis other than a
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claim and finding that entry into this plea agreement was
involuntary, then (a) the USAO will be relieved of all of its
obligations under this agreement; and (b) should the USAO choose to
pursue any charge that was either dismissed or not filed as a result
of this agreement, then (i) any applicable statute of limitations
will be tolled between the date of defendant’s signing of this
agreement and the filing commencing any such action; and
(ii) defendant waives and gives up all defenses based on the statute
of limitations, any claim of pre-indictment delay, or any speedy
trial claim with respect to any such action, except to the extent
that such defenses existed as of the date of defendant’s signing
this agreement.
EFFECTIVE DATE OF AGREEMENT
23.
This agreement is effective upon signature and execution
of all required certifications by defendant, defendant’s counsel,
and an Assistant United States Attorney.
BREACH OF AGREEMENT
24.
Defendant agrees that if defendant, at any time after the
effective date of this agreement, knowingly violates or fails to
perform any of defendant’s obligations under this agreement (“a
breach”), the USAO may declare this agreement breached.  All of
defendant’s obligations are material, a single breach of this
agreement is sufficient for the USAO to declare a breach, and
defendant shall not be deemed to have cured a breach without the
express agreement of the USAO in writing.  If the USAO declares this
agreement breached, and the Court finds such a breach to have
occurred, then: (a) if defendant has previously entered a guilty
plea pursuant to this agreement, defendant will not be able to
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withdraw the guilty pleas, (b) the USAO will be relieved of all its
obligations under this agreement, and (c) defendant will still be
bound by defendant’s obligations under this agreement.
25.
Following the Court’s finding of a knowing breach of this
agreement by defendant, should the USAO choose to pursue any charge
that was either dismissed or not filed as a result of this
agreement, then:
a)
Defendant agrees that any applicable statute of
limitations is tolled between the date of defendant’s signing of
this agreement and the filing commencing any such action.
b)
Defendant waives and gives up all defenses based on
the statute of limitations, any claim of pre-indictment delay, or
any speedy trial claim with respect to any such action, except to
the extent that such defenses existed as of the date of defendant’s
signing this agreement.
c)
Defendant agrees that: (i) any statements made by
defendant, under oath, at the guilty plea hearing (if such a hearing
occurred prior to the breach); (ii) the agreed to factual basis
statement in this agreement; and (iii) any evidence derived from
such statements, shall be admissible against defendant in any such
action against defendant, and defendant waives and gives up any
claim under the United States Constitution, any statute, Rule 410 of
the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of
Criminal Procedure, or any other federal rule, that the statements
or any evidence derived from the statements should be suppressed or
are inadmissible.
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COURT AND PROBATION OFFICE NOT PARTIES
26.
Defendant understands that the Court and the United States
Probation Office are not parties to this agreement and need not
accept any of the USAO’s sentencing recommendations or the parties’
agreements to facts or sentencing factors.
27.
Defendant understands that both defendant and the USAO are
free to: (a) supplement the facts by supplying relevant information
to the United States Probation Office and the Court, (b) correct any
and all factual misstatements relating to the Court’s Sentencing
Guidelines calculations and determination of sentence, and (c) argue
on appeal and collateral review that the Court’s Sentencing
Guidelines calculations and the sentence it chooses to impose are
not error, although each party agrees to maintain its view that the
calculations in the plea agreement are consistent with the facts of
this case.  While this paragraph permits both the USAO and defendant
to submit full and complete factual information to the United States
Probation Office and the Court, even if that factual information may
be viewed as inconsistent with the facts agreed to in this
agreement, this paragraph does not affect defendant’s and the USAO’s
obligations not to contest the facts agreed to in this agreement.
28.
Defendant understands that even if the Court ignores any
sentencing recommendation, finds facts or reaches conclusions
different from those agreed to, and/or imposes any sentence up to
the maximum established by statute, defendant cannot, for that
reason, withdraw defendant’s guilty pleas, and defendant will remain
bound to fulfill all defendant’s obligations under this agreement.
Defendant understands that no one –- not the prosecutor, defendant’s
attorney, or the Court –- can make a binding prediction or promise
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regarding the sentence defendant will receive, except that it will
be within the statutory maximum.
NO ADDITIONAL AGREEMENTS
29.
Defendant understands that, except as set forth herein,
there are no promises, understandings, or agreements between the
USAO and defendant or defendant's attorney, and that no additional
promise, understanding, or agreement may be entered into unless in a
writing signed by all parties or on the record in court.
PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
30.
The parties agree that this agreement will be considered
part of the record of defendant's guilty plea hearing as if the
entire agreement had been read into the record of the proceeding.
AGREED AND ACCEPTED
UNITED STATES ATTORNEY'S OFFICE
FOR THE CENTRAL DISTRICT OF CALIFORNIA
E. MARTIN ESTRADA
United States Attorney
Av^vtw 6ro-w»v
ANDREW BROWN
Assistant United States Attorney
ABIOLA
MI QUADRI
Defenda
ADAM KOPPEKIN
Attorney for Defendant
ABI OLA FEMI QUADRI
December 6, 2024
Date
)^ fQ 2^^.
Date
Ip. I 10 9^>^^
Date
CERTIFICATION OF DEFENDANT
I have read this agreement in its entirety.
I have had enough
time to review and consider this agreement, and I have carefully and
thoroughly discussed every part of it with my attorney. I
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1 understand the terms of this agreement, and I voluntarily agree to
2
those terms.
I have discussed the evidence with my attorney, and my
3 attorney has advised me of my rights, of possible pretrial motions
4
that might be filed, of possible defenses that might be asserted
5 either prior to or at trial, of the sentencing factors set forth in
6
18 U. S. C. § 3553 (a), of relevant Sentencing Guidelines provisions,
7
and of the consequences of entering into this agreement.
No
8 promises, inducements, or representations of any kind have been made
9 to me other than those contained in this agreement.
No one has
10 threatened or forced me in any way to enter into this agreement I
11 am satisfied with the representation of my attorney in this matter,
12 and I am pleading guilty because I am guilty of the charge and wish
13 to take advantage of the promises set forth in this agreement, and
14
not for any other reason.
ie .
?z /^ ^^y
ABIOLA FEMI QUADRI
Date
17 Defendant
18
CERTIFICATION OF DEFENDANT'S ATTORNEY
19
I am ABIOLA FEMI QUADRI'S attorney.
I have carefully and
20 thoroughly discussed every part of this agreement with my client.
21 Further, I have fully advised my client of my client's rights, of
22 possible pretrial motions that might be filed, of possible defenses
23 that might be asserted either prior to or at trial, of the
24 sentencing factors set forth in 18 U. S. C. § 3553 (a), of relevant
25 Sentencing Guidelines provisions, and of the consequences of
26 entering into this agreement.
To my knowledge: no promises,
27 inducements, or representations of any kind have been made to my
28 client other than those contained in this agreement; no one has
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1 threatened or forced my client in any way to enter into this
2
agreement; my client's decision to enter into this agreement is an
3 informed and voluntary one; and the factual basis set forth in this
4 agreement is sufficient to support my client's entry of a guilty
5 plea pur uant to this agreement.
7
ADAM KOPPEKIN
8 Attorney for Defendant
ABIOLA FEMI QUADRI
f^-'/Q . ^Y
Date
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