Plea Agreement — United States v. Felicia Grace (Northern District of Florida)

Summary

A plea agreement filed 10/15/24 as Document 30 in United States v. Felicia Grace, Case No. 1:24cr17-AW-MAL, in the United States District Court for the Northern District of Florida, Gainesville Division. It names Felicia Grace as Defendant, Darren Johnson, Esq. as attorney for Defendant, and the United States Attorney for the Northern District of Florida. Defendant will plead guilty to Count One (Wire Fraud), which carries a maximum of twenty years' imprisonment, three years of supervised release, a $250,000 fine, and a $100 special monetary assessment. The agreement also covers full restitution to the victims, forfeiture including $17,456 in proceeds under 21 U.S.C. § 853(p), and a sealed Supplement to Plea Agreement.

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Case 1:24-cr-00017-AW-MAL Document 30 Filed 10/15/24 Pagei1of8

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

UNITED STATES OF AMERICA

Vv. Case No: 1:24cr17-AW-MAL

FELICIA GRACE
/

PLEA AGREEMENT

1. PARTIES TO AGREEMENT

This agreement is entered into by and between Felicia Grace as Defendant,

Darren Johnson, Esq. as attorney for Defendant, and the United States Attorney for

the Northern District of Florida. This agreement specifically excludes and does not

bind any other state or federal agency, including other United States Attorneys and

the Internal Revenue Service, from asserting any civil, criminal, or administrative

claim against Defendant.
2. TERMS

The parties agree to the following terms:

a. Defendant will plead guilty to Count One (Wire Fraud). As to Count

One, Defendant faces a maximum term of twenty years’ imprisonment, three years

of supervised release, a $250,000 fine, and a $100 special monetary assessment.

Fileg in Open Court
Case 1:24-cr-00017-AW-MAL Document 30 Filed 10/15/24 Page 2of8

Defendant agrees to pay the special monetary assessment(s) on or before the date of
sentencing.

If Defendant is unable to pay the special assessment prior to sentencing due
to indigence, Defendant agrees to participate in the Inmate Financial Responsibility
Program.

The maximum sentence to which Defendant is subject includes the forfeiture
of all forfeitable assets.

b. By voluntarily pleading guilty to the charge in the Indictment,
Defendant, as to the count pled herein, knowingly waives and gives up constitutional
rights which attend a defendant on trial in a criminal case. These constitutional rights
include: the right to plead not guilty; the right to have a jury or judge determine guilt
on the evidence presented; the right to compel the government to prove guilt beyond
a reasonable doubt; the right to confront and cross-examine witnesses; the right not
to be compelled to incriminate oneself; the right to testify; the right to present
evidence; and the right to compel the attendance of witnesses.

C. Defendant is pleading guilty because Defendant is in fact guilty of the
charge alleged in Count One of the Indictment. In pleading guilty, Defendant
acknowledges that were this case to go to trial, the government would present

evidence to support the charge beyond a reasonable doubt.
Case 1:24-cr-00017-AW-MAL Document 30 Filed 10/15/24 Page 3of8

d. | Upon the District Court's adjudication of guilt of Defendant for the
charged crime, the United States Attorney, Northern District of Florida, will not file
any further criminal charges against Defendant arising out of the same transactions
or occurrences to which Defendant has pled. Defendant agrees that substantial
evidence exists to support the charge, as indicated in the agreed-upon statement of
facts incorporated by reference into this plea agreement.

e. Nothing in this agreement shall protect Defendant in any way from
prosecution for any offense committed after the date of this agreement.

f. If Defendant is not a citizen of the United States, Defendant
understands that this conviction may adversely affect Defendant’s immigration
status, and Defendant may be removed from the United States, denied citizenship in
the United States, and denied admission to the United States in the future.

g. The parties agree that the sentence to be imposed is left solely to the
discretion of the District Court, which is required to consult the United States
Sentencing Guidelines and take them into account when sentencing Defendant. The
parties further understand and agree that the District Court’s discretion in imposing
sentence is limited only by the statutory maximum sentence and any mandatory
minimum sentence prescribed by statute for the offense.

h. Both parties reserve the right to advise the District Court and other

authorities of their versions of the circumstances surrounding the offense committed
3
Case 1:24-cr-00017-AW-MAL Document 30 Filed 10/15/24 Page4of8

by Defendant. The United States Attorney further reserves the right to correct any
misstatements by Defendant or Defendant’s attorney and to present evidence and
make arguments pertaining to the application of the sentencing guidelines and the
considerations set forth in Title 18, United States Code, Section 3553(a), including
sentencing recommendations, and whether departure or variance upward or
downward is appropriate.

3. SENTENCING

a. Defendant understands that any prediction of the sentence that may be
imposed is not a guarantee or binding promise. Due to the variety and complexity of
issues that may arise at sentencing, the sentence may not be subject to accurate
prediction.

b. The parties understand and agree that either party may offer additional
evidence relevant to sentencing issues. However, the Court is not limited to
consideration of the facts and events provided by the parties. Adverse rulings or a
sentence greater than anticipated shall not be grounds for withdrawal of Defendant’s
plea.

c. The parties reserve the right to appeal any sentence imposed.

4. VICTIM RESTITUTION
Defendant agrees to make full restitution to the victims as determined by the

Court. The Defendant agrees that the amount of restitution may include losses
4
Case 1:24-cr-00017-AW-MAL Document 30 _ Filed 10/15/24 Page5of8

resulting from related conduct for which the defendant was not convicted, if the loss
flowed directly from the relevant conduct of which the defendant was a part.
5. FORFEITURE OF ASSETS

a. The defendant agrees to forfeit to the government immediately and
voluntarily any and all assets and property, or portions thereof, subject to forfeiture,
whether in the possession or control of the government, the defendant, or the
defendant’s nominees. The assets to be forfeited specifically include, but are not
limited to, the following: the $17,456 in proceeds the defendant admits the defendant
obtained as the result of the commission of the offense(s) to which the defendant is
pleading guilty. The net proceeds from the forfeiture and sale of any specific asset(s)
will be credited to and reduce the amount the government shall be entitled to forfeit
as substitute assets pursuant to 21 U.S.C. § 853(p).

b. The defendant acknowledges and agrees that the defendant obtained the
above-listed asset(s) as a result of the commission of the offense(s). As stated in 21
U.S.C. § 853(p), the government may be entitled to forfeit other property of the
defendant (substitute assets). As described in 21 U.S.C. § 853(p), the defendant
consents to, and agrees not to oppose, any motion for substitute assets filed by the
government up to the amount of proceeds obtained from commission of the

offense(s) or up to the value of any directly forfeitable asset that is unavailable or
Case 1:24-cr-00017-AW-MAL Document 30 _ Filed 10/15/24 Page6éof8

cannot be located. The defendant consents to the entry of the forfeiture order into
the Treasury Offset Program.

c. The defendant admits and agrees that the conduct described herein and
in the incorporated statement of facts provides a provides a sufficient factual and
statutory basis for the forfeiture of the property sought by the government, and
hereby agrees and consents to the forfeiture of these assets pursuant to any federal
criminal, civil, judicial, or administrative forfeiture action. The defendant hereby
withdraws all claims and petitions that the defendant has filed in any forfeiture
proceeding. The defendant also agrees to waive all challenges to any federal
criminal, civil, judicial, or administrative forfeiture proceeding carried out in
accordance with this Plea Agreement on any waivable ground.

d. Prior to sentencing, the defendant agrees to accurately and completely
identify every asset that is either owned by the defendant or is under the defendant’s
control, whether forfeitable or not. The defendant agrees to fully and truthfully
disclose all facts that could tend to support the defendant’s ownership or control of
property that is forfeitable under the laws of any jurisdiction, including property that
may be forfeitable as substitute assets. The defendant agrees to forfeit all forfeitable
assets to the government or to agencies designated by the government. The
defendant shall take all steps necessary to transfer forfeitable assets to the

government, including but not limited to executing any documents, consenting in
6
Case 1:24-cr-00017-AW-MAL Document 30 Filed 10/15/24 Page7of8

any form or cause of action required by the government, providing information and
supporting documentation within the defendant’s possession or control, and
inducing such persons holding property on the defendant’s behalf to transfer such
property to the government. These transfers shall be completed prior to sentencing.

e. At his sole discretion, the United States Attorney may decline to forfeit
assets when the value, or level of equity, or interests not subject to forfeiture, or
costs, or other factors make profitable forfeiture impractical.

f. 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.

CONCLUSION

In every case in the Northern District of Florida in which the parties enter a
Plea Agreement, the Court requires the parties to enter a sealed Supplement to Plea
Agreement indicating whether or not Defendant agrees to cooperate with the United
States Attorney. The parties agree to the Supplement to Plea Agreement entered in

this case.
Case 1:24-cr-00017-AW-MAL Document30 Filed 10/15/24 Page 8of8

Defendant enters this agreement knowingly, voluntarily, and upon advice of

counsel.

JASON R. COODY

United States Attorney

DARREN JOHNSON, ESQ. DAVID P. BYRON
Attorney for Defendant Florida Bar No. 0105777
Assistant United States Attorney
. Northern District of Florida
/0/1$ Ao] 401 SE First Ave, Ste 211
Date Gainesville, Florida 32601
(352) 378-0996

Defendant Date


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