Plea Agreement — United States v. Donald Stevenson

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A Plea Agreement filed February 11, 2020 as Document 3 in the case of Donald Stevenson, Case 6:20-cr-00022, in the United States District Court for the Middle District of Florida, between the United States, through United States Attorney Maria Chapa Lopez, and Stevenson, represented by Corey Cohen. Stevenson agrees to plead guilty to Count One and Count Two of the Information, which charge theft of government funds in violation of 18 U.S.C. § 641, and to waive indictment. The agreement provides for full restitution of $48,750 to the Social Security Administration and $3,501.54 to the Pension Benefit Guaranty Corporation, and for forfeiture of the $52,251.54 in proceeds the defendant admits obtaining. Each count carries a maximum of 10 years' imprisonment and a $250,000 fine.

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Case 6:20-cr-00022-RBD-E_K Document3_ Filed 02/11/20 Page 1 of 16 PagelD 6

AF Approval NA. Chief Approval £ : H.

UNITED STATES DISTRICTCOURT .,
MIDDLE DISTRICT OFFLORIDA =) | && FY

DONALD STEVENSON
PLEA AGREEMENT

Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by Maria
Chapa Lopez, United States Attorney for the Middle District of Florida, and the
defendant, Donald Stevenson, and the attorney for the defendant, Corey Cohen,
mutually agree as follows:

A. Particularized Terms

1. Count(s) Pleading To

The defendant shall enter a plea of guilty to Count One and Count

Two of the Information. Count One and Count Two charge the defendant with
theft of government funds, in violation of 18 U.S.C. § 641.
2 Maximum Penalties
Count One carries a maximum sentence of 10 years’ imprisonment,

a fine of $250,000, a term of supervised release of not more than 3 years, and a

special assessment of $100 per felony count for individuals. Count Two carries a

Defendant’s Initials <7,
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maximum sentence of 10 years’ imprisonment, a fine of $250,000, a term of
supervised release of not more than 3 years, and a special assessment of $100.
With respect to certain offenses, the Court shall order the defendant to make
Testitution to any victim of the offense(s), and with respect to other offenses, the
Court may order the defendant to make restitution to any victim of the offense(s),

or to the community, as set forth below.

3. Elements of the Offense(s)
The defendant acknowledges understanding the nature and elements

of the offense(s) with which defendant has been charged and to which defendant
is pleading guilty. The elements of Count One and Count Two are:
First: The money or thing of value described in the Information
belonged to the United States;
Second: The defendant embezzled, stole, purloined, or knowingly
converted the money or thing of value to the defendant’s own

use or to someone else’s use;

Third: The defendant knowingly and willfully intended to deprive

the United States of the use or benefit of the money or thing

of value; and

Fourth: The money or thing of value had a value greater than $1,000.
Case 6:20-cr-00022-RBD-E_K Document3 Filed 02/11/20 Page 3 of 16 PagelD 8

4, Indictment Waiver

Defendant will waive the right to be charged by way of indictment
before a federal grand jury.

5. No Further Charges

If the Court accepts this plea agreement, the United States
Attorney's Office for the Middle District of Florida agrees not to charge defendant
with committing any other federal criminal offenses known to the United States
Attorney's Office at the time of the execution of this agreement, related to the
conduct giving rise to this plea agreement.

6. datory Restitution to Victim of Offense of Conviction

Pursuant to 18 U.S.C. § 3663A(a) and (b), defendant agrees to make
full restitution to Social Security Administration in the amount of $48,750 and
full restitution to the Pension Benefit Guaranty Corporation in the amount of
$3,501.54

7. Guideline:

Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United States will
recommend to the Court that the defendant be sentenced within the defendant's
applicable guidelines range as determined by the Court pursuant to the United
States Sentencing Guidelines, as adjusted by any departure the United States has

agreed to recommend in this plea agreement. The parties understand that such a
Case 6:20-cr-00022-RBD-E_K Document3_ Filed 02/11/20 Page 4 of 16 PagelD 9

recommendation is not binding on the Court and that, if it is not accepted by this
Court, neither the United States nor the defendant will be allowed to withdraw
from the plea agreement, and the defendant will not be allowed to withdraw from
the plea of guilty.

8. Acceptance of Responsibility - Three Levels

At the time of sentencing, and in the event that no adverse
information is received suggesting such a recommendation to be unwarranted, the
United States will not oppose the defendant’s request to the Court that the
defendant receive a two-level downward adjustment for acceptance of
responsibility, pursuant to USSG §3E1.1(a). ‘The defendant understands that this
recommendation or request is not binding on the Court, and if not accepted by
the Court, the defendant will not be allowed to withdraw from the plea.

Further, at the time of sentencing, if the defendant's offense level
prior to operation of subsection (a) is level 16 or greater, and if the defendant
complies with the provisions of USSG §3E1.1(b) and all terms of this Plea
Agreement, including but not limited to, the timely submission of the financial
affidavit referenced in Paragraph B.5., the United States agrees to file a motion
pursuant to USSG §3E1.1(b) for a downward adjustment of one additional level.
The defendant understands that the determination as to whether the defendant

has qualified for a downward adjustment of a third level for acceptance of

Defendant’s Initials Qa 4
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responsibility rests solely with the United States Attorney for the Middle District
of Florida, and the defendant agrees that the defendant cannot and will not
challenge that determination, whether by appeal, collateral attack, or otherwise.
9. Forfeiture of Assets

The defendant agrees to forfeit to the United States immediately and
voluntarily any and all assets and property, or portions thereof, subject to
forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), whether
in the possession or control of the United States, the defendant or defendant's
nominees. The assets to be forfeited specifically include, but are not limited to,
the $52,251.54 in proceeds the defendant admits he obtained, as the result of the
commission of the offense(s) to which the defendant is pleading guilty. The
defendant acknowledges and agrees that: (1) the defendant obtained this amount
as a result of the commission of the offense(s), and (2) as a result of the acts and
omissions of the defendant, the proceeds have been transferred to third parties
and cannot be located by the United States upon the exercise of due diligence.
Therefore, the defendant agrees that, pursuant to 21 U.S.C. § 853(p), the United
States is entitled to forfeit any other property of the defendant (substitute assets),
up to the amount of proceeds the defendant obtained, as the result of the
offense(s) of conviction. The defendant further consents to, and agrees not to

oppose, any motion for substitute assets filed by the United States up to the
Case 6:20-cr-00022-RBD-E_K Document3_ Filed 02/11/20 Page 6 of 16 PagelD 11

amount of proceeds obtained from commission of the offense(s). The defendant
agrees that forfeiture of substitute assets as authorized herein shall not be deemed
an alteration of the defendant's sentence.

The defendant additionally agrees that since the criminal proceeds

have been transferred to third parties and cannot be located by the United States

upon the exercise of due diligence, the preliminary and final orders of forfeiture
should authorize the United States Attorney’s Office to conduct discovery
(including depositions, interrogatories, requests for production of documents, and
the issuance of subpoenas), pursuant to Rule 32.2 (b) (3) of the Federal Rules of
Criminal Procedure, to help identify, locate, and forfeit substitute assets.

The defendant also agrees to waive all constitutional, statutory, and
procedural challenges (including direct appeal, habeas corpus, or any other
means) to any forfeiture carried out in accordance with this Plea Agreement on
any grounds, including that the forfeiture described herein constitutes an
excessive fine, was not properly noticed in the charging instrument, addressed by
the Court at the time of the guilty plea, announced at sentencing, or incorporated
into the judgment. |

The defendant admits and agrees that the conduct described in the
Factual Basis below provides a sufficient factual and statutory basis for the

forfeiture of the property sought by the government. Pursuant to Rule 32.2(b)(4),
Case 6:20-cr-00022-RBD-E_K Document3_ Filed 02/11/20 Page 7 of 16 PagelD 12

the defendant agrees that the preliminary order of forfeiture will satisfy the notice
requirement and will be final as to the defendant at the time it is entered. In the
event the forfeiture is omitted from the judgment, the defendant agrees that the
forfeiture order may be incorporated into the written judgment at any time
pursuant to Rule 36.

The defendant agrees to take all steps necessary to identify and
locate all substitute assets and to transfer custody of such assets to the United
States before the defendant’s sentencing. To that end, the defendant agrees to
make a full and complete disclosure of all assets over which defendant exercises
control, including all assets held by nominees, to execute any documents
requested by the United States to obtain from any other parties by lawful means
any records of assets owned by the defendant, and to consent to the release of the
defendant’s tax returns for the previous five years. The defendant agrees to be
interviewed by the government, prior to and after sentencing, regarding such
assets. The defendant further agrees to be polygraphed on the issue of assets, if it
is deemed necessary by the United States. The defendant agrees that Federal
Rule of Criminal Procedure 11 and USSG §1B1.8 will not protect from forfeiture
assets disclosed by the defendant as part of the defendant’s cooperation.

The defendant agrees to take all steps necessary to assist the

government in obtaining clear title to any substitute assets before the defendant’s

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sentencing. In addition to providing full and complete information about
substitute assets, these steps include, but are not limited to, the surrender of title,
the signing of a consent decree of forfeiture, and signing of any other documents
necessary to effectuate such transfers.

Forfeiture of the defendant's assets shall not be treated as satisfaction
of any fine, restitution, cost of imprisonment, or any other penalty the Court may
impose upon the defendant in addition to forfeiture.

The defendant agrees that, in the event the Court determines that the
defendant has breached this section of the Plea Agreement, the defendant may be
found ineligible for a reduction in the Guidelines calculation for acceptance of
responsibility and substantial assistance, and may be eligible for an obstruction of
justice enhancement.

The defendant agrees that the forfeiture provisions of this plea
agreement are intended to, and will, survive the defendant, notwithstanding the
abatement of any underlying criminal conviction after the execution of this
agreement. The forfeitability of any particular property pursuant to this
agreement shall be determined as if the defendant had survived, and that
determination shall be binding upon defendant’s heirs, successors and assigns

until the agreed forfeiture, including the forfeiture of any substitute assets, is final.

Defendant's Initialy’ZI27 8
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B. Standard Terms and Conditions

1. Restitution, Special Assessment and Fine
The defendant understands and agrees that the Court, in addition to

or in lieu of any other penalty, shall order the defendant to make restitution to
any victim of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses
described in 18 U.S.C. § 3663A(c)(1); and the Court may order the defendant to
make restitution to any victim of the offense(s), pursuant to 18 U.S.C. § 3663,
including restitution as to all counts charged, whether or not the defendant enters
a plea of guilty to such counts, and whether or not such counts are dismissed
pursuant to this agreement. The defendant further understands that compliance
with any restitution payment plan imposed by the Court in no way precludes the
United States from simultaneously pursuing other statutory remedies for
collecting restitution (28 U.S.C. § 3003(b)(2)), including, but not limited to,
garnishment and execution, pursuant to the Mandatory Victims Restitution Act,
in order to ensure that the defendant's restitution obligation is satisfied.

On each count to which a plea of guilty is entered, the Court shall impose a
special assessment pursuant to 18 U.S.C. § 3013. The special assessment is due

on the date of sentencing.

The defendant understands that this agreement imposes no limitation as to

Defendant’s italy el 9
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2. Supervised Release
The defendant understands that the offense(s) to which the

defendant is pleading provide(s) for imposition of a term of supervised release

upon release from imprisonment, and that, if the defendant should violate the
conditions of release, the defendant would be subject to a further term of

imprisonment.

3. omigration Consequences
The defendant has been advised and understands that, upon
conviction, a defendant who is not a United States citizen may be removed from
the United States, denied citizenship, and denied admission to the United States
in the future.
4, Sentencing Information
The United States reserves its right and obligation to report to the
Court and the United States Probation Office all information concerning the
background, character, and conduct of the defendant, to provide relevant factual
information, including the totality of the defendant's criminal activities, if any,
not limited to the count(s) to which defendant pleads, to respond to comments
made by the defendant or defendant's counsel, and to correct any misstatements

or inaccuracies. The United States further reserves its right to make any

Defendant’s tnitia OO 10
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recommendations it deems appropriate regarding the disposition of this case,
subject to any limitations set forth herein, if any.

5. Financial Disclosures

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P.

32(d)(2)(A)(ii), the defendant agrees to complete and submit to the United States
Attorney's Office within 30 days of execution of this agreement an affidavit
reflecting the defendant's financial condition. The defendant promises that his
financial statement and disclosures will be complete, accurate and truthful and
will include all assets in which he has any interest or over which the defendant
exercises control, directly or indirectly, including those held by a spouse,
dependent, nominee or other third party. The defendant further agrees to execute
any documents requested by the United States needed to obtain from any third
parties any records of assets owned by the defendant, directly or through a
nominee, and, by the execution of this Plea Agreement, consents to the release of
the defendant's tax returns for the previous five years. The defendant similarly
agrees and authorizes the United States Attorney's Office to provide to, and
obtain from, the United States Probation Office, the financial affidavit, any of the
defendant's federal, state, and local tax returns, bank records and any other
financial information concerning the defendant, for the purpose of making any

recommendations to the Court and for collecting any assessments, fines,
Case 6:20-cr-00022-RBD-E_K Document3_ Filed 02/11/20 Page 12 of 16 PagelD 17

restitution, or forfeiture ordered by the Court. The defendant expressly
authorizes the United States Attorney's Office to obtain current credit reports in
order to evaluate the defendant's ability to satisfy any financial obligation
imposed by the Court.
6. Sentencing Recommendations

It is understood by the parties that the Court is neither a party to nor
bound by this agreement. The Court may accept or reject the agreement, or defer
a decision until it has had an opportunity to consider the presentence report
prepared by the United States Probation Office. The defendant understands and
acknowledges that, although the parties are permitted to make recommendations
and present arguments to the Court, the sentence will be determined solely by the
Court, with the assistance of the United States Probation Office. Defendant
further understands and acknowledges that any discussions between defendant or
defendant's attorney and the attorney or other agents for the government
regarding any recommendations by the government are not binding on the Court
and that, should any recommendations be rejected, defendant will not be
permitted to withdraw defendant's plea pursuant to this plea agreement. The
government expressly reserves the right to support and defend any decision that
the Court may make with regard to the defendant's sentence, whether or not such

decision is consistent with the government's recommendations contained herein.

Defendant’s Initials Gil 12
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7. endant's Waiver of Right to eal the § ce

The defendant agrees that this Court has jurisdiction and authority
to impose any sentence up to the statutory maximum and expressly waives the
right to appeal defendant's sentence on any ground, including the ground that the
Court erred in determining the applicable guidelines range pursuant to the United
States Sentencing Guidelines, except (a) the ground that the sentence exceeds the
defendant's applicable guidelines range as determined by the Court pursuant to
the United States Sentencing Guidelines; (b) the ground that the sentence exceeds
the statutory maximum penalty; or (c) the ground that the sentence violates the
Eighth Amendment to the Constitution; provided, however, that if the
government exercises its right to appeal the sentence imposed, as authorized by
18 U.S.C. § 3742(b), then the defendant is released from his waiver and may
appeal the sentence as authorized by 18 U.S.C. § 3742(a).

8. Middle District of Florida Agreement
It is further understood that this agreement is limited to the Office of

the United States Attorney for the Middle District of Florida and cannot bind
other federal, state, or local prosecuting authorities, although this office will bring
defendant's cooperation, if any, to the attention of other prosecuting officers or

others, if requested.

Defendant’s Initials Qa 13
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9, Filing of Agreement

This agreement shall be presented to the Court, in open court or in
camera, in whole or in part, upon a showing of good cause, and filed in this
cause, at the time of defendant's entry of a plea of guilty pursuant hereto.

10. Voluntariness

The defendant acknowledges that defendant is entering into this
agreement and is pleading guilty freely and voluntarily without reliance upon any
discussions between the attorney for the government and the defendant and
defendant's attorney and without promise of benefit of any kind (other than the
concessions contained herein), and without threats, force, intimidation, or
coercion of any kind. The defendant further acknowledges defendant's
understanding of the nature of the offense or offenses to which defendant is
pleading guilty and the elements thereof, including the penalties provided by law,
and defendant's complete satisfaction with the representation and advice received
from defendant's undersigned counsel (if any). The defendant also understands
that defendant has the right to plead not guilty or to persist in that plea if it has
already been made, and that defendant has the right to be tried by a jury with the
assistance of counsel, the right to confront and cross-examine the witnesses
against defendant, the right against compulsory self-incrimination, and the right

to compulsory process for the attendance of witnesses to testify in defendant's

Onl 44

Defendant’s Initials
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defense; but, by pleading guilty, defendant waives or gives up those rights and
there will be no trial. The defendant further understands that if defendant pleads
guilty, the Court may ask defendant questions about the offense or offenses to
which defendant pleaded, and if defendant answers those questions under oath,
on the record, and in the presence of counsel (if any), defendant's answers may
later be used against defendant in a prosecution for perjury or false statement.
The defendant also understands that defendant will be adjudicated guilty of the
offenses to which defendant has pleaded and, if any of such offenses are felonies,
may thereby be deprived of certain rights, such as the right to vote, to hold public
office, to serve on a jury, or to have possession of firearms.
11. Factual Basis

Defendant is pleading guilty because defendant is in fact guilty. The
defendant certifies that defendant does hereby admit that the facts set forth in the
attached "Factual Basis," which is incorporated herein by reference, are true, and
were this case to go to trial, the United States would be able to prove those

specific facts and others beyond a reasonable doubt.

Defendant's Initials LM “ 15
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12. Entire Agreement

This plea agreement constitutes the entire agreement between the
government and the defendant with respect to the aforementioned guilty plea and
no other promises, agreements, or representations exist or have been made to the
defendant or defendant's attorney with regard to such guilty plea.Certification

The defendant and defendant's counsel certify that this plea
agreement has been read in its entirety by (or has been read to) the defendant and

that defendant fully understands its terms.

MARIA CHAPA LOPEZ
United States Attorne

Donald Stevenso Suzanne Huyler
Defendant Special Assistant United States Attorney
Corey Cohen | Roger Handberg
Attorney for Defendant Assistant United States Attorney

Chief, Orlando Division

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