Plea Agreement — United States v. Tod Ray Keilholz (Western District of Missouri)

Summary

A Rule 11(c)(1)(B) plea agreement filed March 28, 2024 as Document 43 in United States versus Tod Ray Keilholz, Case 2:22-cr-04051-RK, in the United States District Court for the Western District of Missouri. Keilholz agrees to plead guilty to Count 5 (bank fraud, 18 U.S.C. § 1344(1)), Count 20 (aggravated identity theft) and Count 49 (engaging in monetary transactions in criminally derived property). The factual basis states that Keilholz submitted five PPP loan applications to U.S. Bank and Central Bank for TRK Construction, TRK Valpo, TL Builders and Project Design with false employee, payroll and gross receipts figures, receiving $12,430,932.00 in PPP loan proceeds. It states that $3,302,830.61 was used to repay defaulted Hawthorn Bank loans. Forfeiture covers real property, vehicles, watches and a money judgment of $12,430,932.00.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Plea Agreement — United States v. Tod Ray Keilholz (Western District of Missouri).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/43-plea-agreement-as-to-tod-ray-keilholz-geiser-angel-entered-0-5e3b3dd387/, SHA-256 361dbf3206c3b2fbdcd7ca98797b17e2e2a0cd3691ee4345cd70f900f840a9d6.

Full text

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. No. 22-04051-01-CR-C-RK

TOD RAY KEILHOLZ,

Defendant.

PLEA AGREEMENT

Pursuant to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure, the parties

described below have entered into the following plea agreement:

1. The Parties. The parties to this agreement are the United States Attorney’s Office

for the Western District of Missouri (otherwise referred to as “the Government” or “the United

States”), represented by Teresa A. Moore, the United States Attorney, and Michael S. Oliver,

Assistant United States Attorney, and the defendant, Tod Ray Keilholz (“the defendant”),

represented by Troy Stabenow.

The defendant understands and agrees that this plea agreement is only between him and

the United States Attorney for the Western District of Missouri, and that it does not bind any other

federal, state or local prosecution authority or any other government agency, unless otherwise

specified in this agreement.

2. Defendant’s Guilty Plea. The defendant agrees to and hereby does plead guilty to

Count 5 of the Indictment, charging him with a violation of 18 U.S.C. § 1344(1), that is, bank

fraud, Count 20, that is, aggravated identity theft, and Count 49, that is, engaging in monetary

transactions in property derived from specified unlawful activity. The defendant also agrees to

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 1 of 20
forfeit to the United States the property described in this plea agreement and in the Forfeiture

Allegation of the Indictment. By entering into this plea agreement, the defendant admits that he

knowingly committed these offenses, and is, in fact, guilty of these offenses.

3. Factual Basis for Guilty Plea. The parties agree that the facts constituting the

offenses to which the defendant is pleading guilty are as follows:

Scheme or Artifice to Defraud

Between January 1, 2018, and January 7, 2021, Tod Ray Keilholz, the defendant,
engaged in a scheme and artifice to defraud, Hawthorn Bank, Central Bank, and
U.S. Bank, all FDIC insured institutions, to fraudulently obtain loans, loan
extensions, loan renewals, and loan forbearance on conventional loans by providing
materially false information to Hawthorn Bank and to obtain PPP loans by
providing materially false eligibility information to US Bank and Central Bank.

The defendant was the sole owner of TRK Construction, LLC, (TRK Construction),
TRK Valpo, LLC, (TRK Valpo), TL Builders, LLC, (TL Builders), and Project
Design, LLC, (Project Design). The defendant did not cause these entities to file
quarterly wage reports with the States of Missouri and Indiana or Federal quarterly
employment tax returns between March 31, 2019, and June 30, 2020, because these
entities were not in operation.

For years the defendant maintained a banking relationship with Hawthorn Bank.
Between August 31, 2017, and September 21, 2018, the defendant obtained three
business loans in the aggregate amount of $3,526,771. One of these loans financed
the purchase of 1425 Glendale Blvd., Valparaiso, Indiana. As the defendant’s
businesses failed, these loans fell into default and sub-contractors sued the
defendant for unpaid invoices during 2019 and 2020. In February 2020, Hawthorn
Bank initiated foreclosure proceedings against the defendant. The defendant
successfully delayed the foreclosure proceedings and paid off these loans and other
past due debts with Paycheck Protection Program (PPP) loan proceeds fraudulently
obtained from U.S. Bank and guaranteed by the Small Business Administration
(SBA).

On March 27, 2020, The CARES Act established several new temporary programs
and provided for the expansion of others to address the COVID-19 pandemic.
Among these programs, the PPP authorized $349,000,000,000 in forgivable loans
to small businesses to retain workers and maintain payroll, make mortgage interest
payments, lease payments, and utility payments. The defendant applied for
multiple PPP loans at U.S. Bank and Central Bank.

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 2 of 20
On April 16, 2020, the defendant applied to U.S. Bank for a PPP loan to TRK
Construction. In his application the defendant identified himself as the sole owner,
falsely stated the business had 14 employees and an average monthly payroll of
$1,434,424, and falsely certified that the purpose of the loan was to fund payroll,
lease and mortgage interest, utilities, and salary/commission. In supporting
documentation, the defendant falsely claimed that TRK Construction had
$18,875,308.00 in gross receipts or sales for 2019. On May 8, 2020, the defendant
signed the SBA Application and Note for a $1,706,260.00 PPP loan for TRK
Construction. On May 11, 2020, the PPP loan proceeds were deposited into TRK
Construction’s US Bank account ending in 7961.

On May 28, 2020, the defendant applied to US Bank for a $7,818,705 PPP loan to
TRK Valpo based upon a claimed average monthly payroll of $3,127,482. In IRS
Schedule C Forms submitted with the application, the defendant falsely claimed
that TRK VALPO had $39,469,429.00 in gross receipts or sales for 2019. the
defendant submitted materially different and false IRS Forms 941, IRS Schedule
C’s, and MDES and IDWD quarterly payroll wage reports in his application. On
May 28, 2020, in supporting documentation, the defendant falsely claimed TRK
Valpo employed 12 persons during the first quarter of 2019. On June 11, 2020, in
revised documentation, the defendant falsely claimed TRK Valpo employed 170
persons during the first quarter of 2019. On June 18, 2020, US Bank denied this
application because it was unable to verify the required payroll information for
TRK Valpo.

The day before the defendant’s TRK Valpo PPP loan was denied by U.S. Bank, the
defendant applied to Central Bank for a PPP loan to TRK Valpo. In his SBA
Borrower Application Form, the defendant identified himself as the sole owner,
falsely stated the business had 170 employees and an average monthly payroll of
$1,280,806, and falsely certified the purpose of the loan was to fund payroll, lease
and mortgage interest, and utilities. In supporting documentation, the defendant
falsely claimed that TRK Valpo had $34,200,282.00 in gross receipts or sales for
2019. In supporting documentation, the defendant included MDES and IDWD
wage reports for all of 2019 which falsely claimed that TRK Valpo paid aggregate
wages of $15,286,667.00 to approximately 189 purported employees. The social
security numbers the defendant associated to 160 of those purported employees did
not match the names of the actual persons assigned to those social security
accounts. On June 23, 2020, the defendant signed a Promissory Note for a
$3,202,000.00 PPP loan for TRK Valpo and the loan proceeds were deposited into
TRK Valpo’s Central Bank account ending in 5804.

On June 22, 2020, the defendant applied to US Bank for a PPP loan to TL Builders.
In his application the defendant identified himself as the sole owner, falsely stated
the business had 180 employees and an average monthly payroll of $1,447,526, and
falsely certified the purpose of the loan was to fund payroll, lease and mortgage
interest, and utilities. In supporting documentation, the defendant submitted false

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 3 of 20
IRS Forms 940 and 941 that did not identify employees by name or social security
number. On June 30, 2020, the defendant signed the SBA Application and Note
for a $3,618,815.00 PPP loan for TL Builders. On July 2, 2020, the PPP loan
proceeds were deposited in TL Builders’ US Bank account ending in 2279. In
connection with this loan, the defendant submitted a Schedule C for TL Builders
that falsely reported gross receipts or sales for 2019 in the amount of
$27,082,030.00.

On June 1, 2020, the defendant applied to US Bank for a PPP loan to Project
Design. In his application, the defendant identified himself as sole owner, falsely
stated the business had 18 employees and an average monthly payroll of
$1,561,543, and certified the purpose of the loan was to fund payroll, lease and
mortgage interest, and utilities. In supporting documentation the defendant falsely
claimed that Project Design had $34,654,789.00 in gross receipts or sales for 2019.
The defendant provided US Bank with a MDES Quarterly Contribution and Wage
Report for the first quarter of 2020 that falsely purported that Project Design paid
215 employees aggregate wages of $4,785,169.00. The social security numbers the
defendant associated to 196 of those purported employees did not match the names
of the actual persons assigned to those social security accounts. On July 20, 2020,
the defendant signed the SBA Application and Note for a $3,903,857.00 PPP loan
for Project Design and the PPP loan proceeds were deposited into Project Design’s
US Bank account ending in 2290.

With respect to each of these five PPP loan applications, the defendant: failed to
identify his common ownership of the four businesses; falsely stated the business
was in operation on February 15, 2020, falsely stated that the business was eligible
for a PPP loan; falsely stated that PPP loan proceeds would be used for the purposes
specified in the loan application; and falsely stated that the information in the PPP
loan application and supporting documentation was true and accurate in all material
respects.

These fraudulent loan applications resulted in the defendant receiving
$12,430,932.00 in PPP loan proceeds.

Count 5

The defendant executed the above-described scheme or artifice to defraud on or
about June 25, 2020, when he provided US Bank with IRS Forms 941 for all
quarters of 2019 as an attachment to prove the eligibility of TL Builders for a PPP
loan from US Bank, when TL Builders did not file these reports with the Internal
Revenue Service and paid no wages to any employee. As a result of this materially
false submission the defendant received PPP loan proceeds in the amount of
$3,618,815.00. The defendant used $3,302,830.61 of these funds to repay defaulted
business loans from Hawthorn Bank.

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 4 of 20
Count 20

On or about June 17, 2020, the defendant used M.S.P.’s name and social security
number on unsigned and unsubmitted quarterly wage reports purportedly made to
the State of Indiana in connection with the materially false TRK Valpo PPP loan
application to Central Bank. Based on the material misrepresentations in the
application, including the false representation that M.S.P. earned $80,000 from
TRK Valpo in 2019, Central Bank funded this PPP loan on June 23, 2020, in the
amount of $3,202,000.

M.S.P. never worked for TRK Valpo. During a period of approximately six-weeks
in 2012 or 2013, M.S.P. worked for TRK Construction but was laid off due to lack
of work. M.S.P. had no further contact with any business the defendant owned and
did not authorize the defendant to use his name and social security number.

Count 49

On November 2, 2020, the defendant engaged in monetary transactions in
criminally derived property of a value greater than $10,000, that is, the transfer of
funds and monetary instruments, that is a $73,543.00 cash withdrawal from TRK
Construction’s US Bank account ending in 7961, funded entirely with proceeds
from the fraudulently obtained U.S. Bank PPP loan to Project Design. With this
cash, the defendant purchased a $73,543 cashier’s check payable to Jim Butler
Chevrolet. The cashier’s check did not identify the remitter of the funds.

On November 4, 2020, that cashier’s check was used by the defendant to purchase
a 2021 Chevrolet Tahoe that was titled in the name of A.O.B., then a U.S. Bank
employee who assisted the defendant with the PPP loan applications of TRK Valpo,
TL Builders, and Project Design.

Forfeiture Allegation

The defendant agrees to forfeit to the United States the following property
constituting, involved in, and derived from any proceeds the defendant obtained
directly and indirectly as a result of the scheme or artifice to defraud Hawthorn
Bank, U.S. Bank, and Central Bank as executed in Count 5:

1. The real property known and numbered as 405 Pheasant Run,
Jefferson City, Missouri, with all its appurtenances, improvements, and
attachments thereon, as more fully described in the Indictment.

2. The real property known and numbered as 6506 Parkview Avenue,
Jefferson City, Missouri, with all its appurtenances, improvements, and
attachments thereon, as more fully described in the Indictment.

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 5 of 20
3. The real property known and numbered as 1425 Glendale
Boulevard, Valparaiso, Indiana, with all its appurtenances, improvements, and
attachments thereon, as more fully described in the Indictment.

4. The real property known and numbered as 3539 Monroe Street, La
Porte, Indiana, Parcel number: 461105301007000058, with all its appurtenances,
improvements, and attachments thereon, as more fully described in the Indictment.

5. A 2020 Chevrolet Silverado 3500HD, VIN
1GC4YVEY6LF284743, titled to Project Design.

6. A 2021 Chevrolet Silverado 3500, VIN 1GC4YUEY9MF114677
titled to TL Builders.

7. A 2021 Chevrolet Silverado 1500, VIN 1GCRYAEF4MZ115821
titled to TL Builders.

8. A 2019 BMW X5 xDrive 40i, VIN 5UXCR6C53KLK87363 titled
to TRK Construction.

9. A 2020 John Deere Z950R ZTrak, PIN 1TC950RCKLT080362
purchased by the defendant.

10. A 2020 John Deere Select Series X390 Tractor 48 Accel Deep (48A)
Mower Deck, PIN 1MOX390ATLM091818, purchased by the defendant.

11. A Kubota Compact Track Loader SVL75-2HFWC, serial number
36862, equipped with a Land Pride AP-PFL5560, serial number 1058098K, and a
Kubota Ap-HD74LLC purchased by TRK Construction.

12. A Gents 43mm IWC SCHAFFHAUSEN Perpetual Chronograph
wristwatch. (INTL Watch Co.) The 51 Jewels movement with 68 hours power
reserve. Serial #6108223. Model #C.89630.

13. A Gents stainless steel 43mm Rolex Sea-Dweller self-winding
automatic diver's watch. The black color dial bears the inscription “ROLEX
OYSTER PERPETUAL DATE DEEPSEA” in block lettering. The 31 Jewels
movement #3235. The serial #A881C984. Orig. design #116660.

14. A Gents stainless steel 44mm Rolex Sea-Dweller self-winding
automatic diver's watch. The navy blue dial bears the inscription “ROLEX
DEEPSEA OYSTER PERPETUAL DATE” in block lettering. The 31 Jewels
movement #OT457441. Orig. design #116660.

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 6 of 20
15. Gents yellow and white two tone Citizen Eco-Drive Radio
controlled world time self-winding automatic watch with Sapphire Crystal. The
serial #H820-S087228. Model #Antimag.4800. The watch is engraved: “Forever
Grateful 9-16-14.”

16. A money judgment representing the proceeds obtained by the
defendant traceable to his scheme and artifice to defraud in the amount of
$12,430,932.00.

4. Use of Factual Admissions and Relevant Conduct. The defendant

acknowledges, understands and agrees that the admissions contained in paragraph 3 and other

portions of this plea agreement will be used for the purpose of determining his guilt and advisory

sentencing range under the United States Sentencing Guidelines (“U.S.S.G.”), including the

calculation of the defendant’s offense level in accordance with U.S.S.G. § 1B1.3(a)(2). The

defendant acknowledges, understands and agrees that the conduct charged in any dismissed counts

of the indictment, as well as all other uncharged, related criminal activity, may be considered as

“relevant conduct” pursuant to U.S.S.G. § 1B1.3(a)(2) in calculating the offense level for the

charges to which he is pleading guilty.

5. Statutory Penalties. The defendant understands that, upon his plea of guilty to

Count 5 of the Indictment, charging him with bank fraud, the maximum penalty the Court may

impose is not more than thirty (30) years’ imprisonment, a $1,000,000 fine, not more than five (5)

years’ supervised release, an order of restitution and a $100 mandatory special assessment, which

must be paid in full at the time of sentencing. The defendant further understands that this offense

is a Class B felony.

The defendant understands that, upon his plea of guilty to Count 20 of the Indictment,

charging him with aggravated identity theft, the penalty the Court must impose is two (2) years’

imprisonment consecutive to sentences imposed on Count 5 and Count 49, not more than a

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 7 of 20
$250,000 fine, not more than one (1) year supervised release, and a $100 mandatory special

assessment, which must be paid in full at the time of sentencing. The defendant further understands

that this offense is a Class E felony.

The defendant understands that, upon his plea of guilty to Count 49 of the Indictment,

charging him with engaging in monetary transactions in property derived from specified unlawful

activity, the maximum penalty the Court may impose is not more than ten (10) years’

imprisonment, a $500,000 fine, not more than three (3) years’ supervised release, and a $100

mandatory special assessment, which must be paid in full at the time of sentencing. The defendant

further understands that this offense is a Class C felony.

6. Sentencing Procedures. The defendant acknowledges, understands and agrees to

the following:

a. in determining the appropriate sentence, the Court will consult and
consider the United States Sentencing Guidelines promulgated by the United States
Sentencing Commission; these Guidelines, however, are advisory in nature, and the
Court may impose a sentence either less than or greater than the defendant’s
applicable Guidelines range, unless the sentence imposed is “unreasonable”;

b. the Court will determine the defendant’s applicable Sentencing
Guidelines range at the time of sentencing;

c. as to Count 5, in addition to a sentence of imprisonment, the Court
may impose a term of supervised release of not more than five (5) years; that the
Court must impose a period of supervised release if a sentence of imprisonment of
more than one (1) year is imposed;

d. as to Count 5, if the defendant violates a condition of his supervised
release, the Court may revoke his supervised release and impose an additional
period of imprisonment of up to three (3) years without credit for time previously
spent on supervised release. In addition to a new term of imprisonment, the Court
also may impose a new period of supervised release, the length of which cannot
exceed five (5) years, less the term of imprisonment imposed upon revocation of
the defendant’s first supervised release;

e. as to Count 20, in addition to a sentence of imprisonment, the Court
must impose a term of supervised release of not more than one (1) year;
8

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 8 of 20
f. as to Count 20, if the defendant violates a condition of his supervised
release, the Court may revoke his supervised release and impose an additional
period of imprisonment of up to one (1) year without credit for time previously
spent on supervised release. In addition to a new term of imprisonment, the Court
also may impose a new period of supervised release, the length of which cannot
exceed one (1) year, less the term of imprisonment imposed upon revocation of the
defendant’s first supervised release;

g. as to Count 49, in addition to a sentence of imprisonment, the Court
may impose a term of supervised release of not more than three (3) years; that the
Court must impose a period of supervised release if a sentence of imprisonment of
more than one (1) year is imposed;

h. as to Count 49 if the defendant violates a condition of his supervised
release, the Court may revoke his supervised release and impose an additional
period of imprisonment of up to two (2) years without credit for time previously
spent on supervised release. In addition to a new term of imprisonment, the Court
also may impose a new period of supervised release, the length of which cannot
exceed three (3) years, less the term of imprisonment imposed upon revocation of
the defendant’s first supervised release;

i. the Court may impose any sentence authorized by law, including a
sentence that is outside of, or departs from, the applicable Sentencing Guidelines
range;

j. any sentence of imprisonment imposed by the Court will not allow
for parole;

k. the Court is not bound by any recommendation regarding the
sentence to be imposed or by any calculation or estimation of the Sentencing
Guidelines range offered by the parties or the United States Probation Office; and

l. the defendant may not withdraw his guilty plea solely because of the
nature or length of the sentence imposed by the Court.

m. The defendant agrees that the United States may institute civil,
judicial or administrative forfeiture proceedings against all forfeitable assets in
which the defendant has an interest, and that he will not contest any such forfeiture
proceedings;

n. The defendant agrees to forfeit all interest he owns or over which he
exercises control, directly or indirectly, in any asset that is subject to forfeiture to
the United States either directly or as a substitute for property that was subject to
forfeiture but is no longer available for the reasons set forth in 21 U.S.C. § 853(p)
(which is applicable to this action pursuant to 18 U.S.C. § 982(b)(1) and 28 U.S.C.
9

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 9 of 20
§ 2461(c), including but not limited to, the following specific property: all property
identified in the forfeiture allegation section of the factual basis to this plea
agreement. With respect to any asset which the defendant has agreed to forfeit, the
defendant waives any constitutional and statutory challenges in any manner
(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 constitutes an excessive fine or punishment under the Eighth
Amendment to the United States Constitution;

o. The defendant agrees to fully and truthfully disclose the existence,
nature and location of all assets forfeitable to the United States, either directly or as
a substitute asset, in which he, his co-defendants and his co-conspirators have or
had any direct or indirect financial interest, or exercise or exercised control, directly
or indirectly, during the period from January 1, 2018, to the present. The defendant
also agrees to fully and completely assist the United States in the recovery and
forfeiture of all such forfeitable assets;

p. The defendant agrees to take all necessary steps to comply with the
forfeiture matters set forth herein before his sentencing;

q. The defendant states that he is the sole and rightful owner of all
property identified in the forfeiture allegation section of the factual basis to this
plea agreement, and that, to the best of his knowledge, no one else has any
ownership or other interest in the property. In the event any federal, state or local
law enforcement agency having custody of the property decides not to pursue
forfeiture of the property due to its minimal value, the defendant hereby abandons
any interest he has in such property, and consents to the destruction or any other
disposition of the property by the federal, state or local agency without further
notice or obligation whatsoever owing to the defendant;

r. Within ten (10) days of the execution of this plea agreement, at the
request of the USAO, the defendant agrees to execute and submit: (1) a Tax
Information Authorization form; (2) an Authorization to Release Information; (3)
a completed financial disclosure statement; and (4) copies of financial information
that the defendant submits to the U.S. Probation Office. The defendant understands
that the United States will use the financial information when making its
recommendation to the Court regarding the defendant’s acceptance of
responsibility; and

s. At the request of the USAO, the defendant agrees to undergo any
polygraph examination the United States might choose to administer concerning
the identification and recovery of forfeitable assets and restitution.

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 10 of 20
7. Government’s Agreements. Based upon evidence in its possession at this time,

the United States Attorney’s Office for the Western District of Missouri, as part of this plea

agreement, agrees not to bring any additional charges against defendant for any federal criminal

offenses related to bank fraud, false statements to a financial institution, false statements to the

Small Business Administration, aggravated identity theft, and engaging in monetary transactions

in property derived from specified unlawful activity for which it has venue and which arose out of

the defendant’s conduct described in the factual basis of the plea agreement. Additionally, the

United States Attorney for the Western District of Missouri agrees to dismiss Counts 1-4, 6-19,

and 21-48, and 50-52 at sentencing. At sentencing, the United States Attorney for the Western

District of Missouri will recommend to the Court a total sentence of imprisonment of no more than

120-months, that is, 96-months on Counts 5 and 49 to run concurrently, and 24-months on Count

20 to run consecutively to the sentences imposed on Counts 5 and 49. At sentencing, the defendant

will recommend to the Court a total sentence of imprisonment of no less than 60-months.

The defendant understands that this plea agreement does not foreclose any prosecution for

an act of murder or attempted murder, an act or attempted act of physical or sexual violence against

the person of another, or a conspiracy to commit any such acts of violence or any criminal activity

of which the United States Attorney for the Western District of Missouri has no knowledge.

The defendant recognizes that the United States’ agreement to forego prosecution of all of

the criminal offenses with which the defendant might be charged is based solely on the promises

made by the defendant in this agreement. If the defendant breaches this plea agreement, the United

States retains the right to proceed with the original charges and any other criminal violations

established by the evidence. The defendant expressly waives his right to challenge the initiation

of the dismissed or additional charges against him if he breaches this agreement. The defendant

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 11 of 20
expressly waives his right to assert a statute of limitations defense if the dismissed or additional

charges are initiated against him following a breach of this agreement. The defendant further

understands and agrees that, if the Government elects to file additional charges against him

following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

8. Preparation of Presentence Report. The defendant understands that the United

States will provide to the Court and the United States Probation Office a government version of

the offense conduct. This may include information concerning the background, character and

conduct of the defendant, including the entirety of his criminal activities. The defendant

understands these disclosures are not limited to the counts to which he has pleaded guilty. The

United States may respond to comments made or positions taken by the defendant or the

defendant’s counsel, and to correct any misstatements or inaccuracies. The United States further

reserves its right to make any recommendations it deems appropriate regarding the disposition of

this case, subject only to any limitations set forth in this plea agreement. The United States and

the defendant expressly reserve the right to speak to the Court at the time of sentencing pursuant

to Rule 32(i)(4) of the Federal Rules of Criminal Procedure.

9. Withdrawal of Plea. Either party reserves the right to withdraw from this plea

agreement for any or no reason at any time prior to the entry of the defendant’s plea of guilty and

its formal acceptance by the Court. In the event of such withdrawal, the parties will be restored to

their pre-plea agreement positions to the fullest extent possible. However, after the plea has been

formally accepted by the Court, the defendant may withdraw his pleas of guilty only if the Court

rejects the plea agreement, or if the defendant can show a fair and just reason for requesting the

withdrawal. The defendant understands that, if the Court accepts his plea of guilty and this plea

agreement but subsequently imposes a sentence that is outside the defendant’s applicable

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 12 of 20
Sentencing Guidelines range, or imposes a sentence that the defendant does not expect, like or

agree with, he will not be permitted to withdraw his plea of guilty.

10. Agreed Guidelines Applications. With respect to the application of the

Sentencing Guidelines to this case, the parties stipulate and agree as follows:

a. The Sentencing Guidelines do not bind the Court and are advisory
in nature. The Court may impose a sentence that is either above or below the
defendant’s applicable Guidelines range, provided the sentence imposed is not
“unreasonable”;

b. The applicable Guidelines sections for the offenses of conviction
are:

i. as to Count 5, U.S.S.G. § 2B1.1;
ii. as to Count 20, U.S.S.G. § 2B1.6, which provides for a
sentence of 24-months consecutive to sentences imposed on Counts 5 and
49;
iii. as to Count 49, U.S.S.G. § 2S1.1; and,
iv. as to grouping U.S.S.G., §§ 3D1.1 through 3D1.4.

c. The defendant has admitted his guilt and clearly accepted
responsibility for his actions, and has assisted authorities in the investigation or
prosecution of his own misconduct by timely notifying authorities of his intention
to enter a plea of guilty, thereby permitting the Government to avoid preparing for
trial and permitting the Government and the Court to allocate their resources
efficiently. Therefore, he is entitled to a 3-level reduction pursuant to § 3E1.1(b)
of the Sentencing Guidelines. The Government, at the time of sentencing, will file
a written motion with the Court to that effect, unless the defendant: (1) fails to abide
by all of the terms and conditions of this plea agreement and his pretrial release; or
(2) attempts to withdraw his guilty pleas, violates the law, or otherwise engages in
conduct inconsistent with his acceptance of responsibility;

d. There is no agreement between the parties regarding the defendant’s
criminal history category. The parties agree that the Court will determine his
applicable criminal history category after receipt of the presentence investigation
report prepared by the United States Probation Office;

e. The defendant understands that the estimate of the parties with
respect to the Guidelines computation set forth in the subsections of this paragraph
does not bind the Court or the United States Probation Office with respect to the
appropriate Guidelines levels. Additionally, the failure of the Court to accept these
stipulations will not, as outlined in paragraph 9 of this plea agreement, provide the
defendant with a basis to withdraw his plea of guilty;
13

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 13 of 20
f. The Court may impose any sentence authorized by law, including
any sentence outside the applicable Guidelines range that is not “unreasonable”;

g. The defendant consents to judicial fact-finding by a preponderance
of the evidence for all issues pertaining to the determination of the defendant’s
sentence, including the determination of any mandatory minimum sentence
(including the facts that support any specific offense characteristic or other
enhancement or adjustment) and any legally authorized increase above the normal
statutory maximum. The defendant waives any right to a jury determination beyond
a reasonable doubt of all facts used to determine and enhance the sentence imposed,
and waives any right to have those facts alleged in the indictment. The defendant
also agrees that the Court, in finding the facts relevant to the imposition of sentence,
may consider any reliable information, including hearsay; and

h. The defendant understands and agrees that the factual admissions
contained in paragraph 3 of this plea agreement, and any admissions that he will
make during his plea colloquy, support the imposition of the agreed upon
Guidelines calculations contained in this agreement.

11. Effect of Non-Agreement on Guidelines Applications. The parties understand,

acknowledge and agree that there are no agreements between the parties with respect to any

Sentencing Guidelines issues other than those specifically listed in paragraph 10 and its

subsections. As to any other Guidelines issues, the parties are free to advocate their respective

positions at the sentencing hearing.

12. Change in Guidelines Prior to Sentencing. The defendant agrees that, if any

applicable provision of the Guidelines changes after the execution of this plea agreement, then any

request by the defendant to be sentenced pursuant to the new Guidelines will make this plea

agreement voidable by the United States at its option. If the Government exercises its option to

void the plea agreement, the United States may charge, reinstate, or otherwise pursue any and all

criminal charges that could have been brought but for this plea agreement.

13. Government’s Reservation of Rights. The defendant understands that the United

States expressly reserves the right in this case to:

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 14 of 20
a. oppose or take issue with any position advanced by defendant at the
sentencing hearing which might be inconsistent with the provisions of this plea
agreement;

b. comment on the evidence supporting the charges in the Indictment;

c. oppose any arguments and requests for relief the defendant might
advance on an appeal from the sentences imposed, and that the United States
remains free on appeal or collateral proceedings to defend the legality and propriety
of the sentence actually imposed, even if the Court chooses not to follow any
recommendation made by the United States; and

d. oppose any post-conviction motions for reduction of sentence, or
other relief.

14. Waiver of Constitutional Rights. The defendant, by pleading guilty,

acknowledges that he has been advised of, understands, and knowingly and voluntarily waives the

following rights:

a. the right to plead not guilty and to persist in a plea of not guilty;

b. the right to be presumed innocent until his guilt has been established
beyond a reasonable doubt at trial;

c. the right to a jury trial, and at that trial, the right to the effective
assistance of counsel;

d. the right to confront and cross-examine the witnesses who testify
against him;

e. the right to compel or subpoena witnesses to appear on his behalf;
and

f. the right to remain silent at trial, in which case his silence may not
be used against him.

The defendant understands that, by pleading guilty, he waives or gives up those rights and

that there will be no trial. The defendant further understands that, if he pleads guilty, the Court

may ask him questions about the offenses to which he pleaded guilty, and if the defendant answers

those questions under oath and in the presence of counsel, his answers may later be used against

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 15 of 20
him in a prosecution for perjury or making a false statement. The defendant also understands he

has pleaded guilty to a felony offense and, as a result, will lose his right to possess a firearm or

ammunition and might be deprived of other rights, such as the right to vote or register to vote, hold

public office, or serve on a jury.

15. Waiver of Appellate and Post-Conviction Rights.

a. The defendant acknowledges, understands and agrees that, by
pleading guilty pursuant to this plea agreement, he waives his right to appeal or
collaterally attack a finding of guilt following the acceptance of this plea agreement,
except on grounds of: (1) ineffective assistance of counsel; or (2) prosecutorial
misconduct; and

b. The defendant expressly waives his right to appeal his sentence,
directly or collaterally, on any ground except claims of: (1) ineffective assistance
of counsel; (2) prosecutorial misconduct; or (3) an illegal sentence. An “illegal
sentence” includes a sentence imposed in excess of the statutory maximum, but
does not include less serious sentencing errors, such as a misapplication of the
Sentencing Guidelines or an abuse of discretion. However, if the United States
exercises its right to appeal the sentence imposed as authorized by 18 U.S.C. §
3742(b), the defendant is released from this waiver and may, as part of the
Government’s appeal, cross-appeal his sentence as authorized by 18 U.S.C. §
3742(a) with respect to any issues that have not been stipulated to or agreed upon
in this agreement.

16. Financial Obligations. By entering into this plea agreement, the defendant

represents that he understands and agrees to the following financial obligations:

a. The Court must order restitution to the victims of Count 5 to which
the defendant is pleading guilty. The defendant agrees that the Court may order
restitution in connection with the conduct charged in any counts of the indictment
which are to be dismissed and all other uncharged, related criminal activity;

b. The United States may use the Federal Debt Collection Procedures
Act and any other remedies provided by law to enforce any restitution order that
may be entered as part of the sentence in this case and to collect any fine;

c. The defendant will fully and truthfully disclose all assets and
property in which he has any interest, or over which the defendant exercises control
directly or indirectly, including assets and property held by a spouse, nominee or
other third party. The defendant’s disclosure obligations are ongoing, and are in

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 16 of 20
force from the execution of this agreement until the defendant has satisfied the
restitution order in full;

d. Within 10 days of the execution of this plea agreement, at the request
of the USAO, the defendant agrees to execute and submit: (1) a Tax Information
Authorization form; (2) an Authorization to Release Information; (3) a completed
financial disclosure statement; and (4) copies of financial information that the
defendant submits to the U.S. Probation Office. The defendant understands that
compliance with these requests will be taken into account when the United States
makes a recommendation to the Court regarding the defendant’s acceptance of
responsibility;

e. At the request of the USAO, the defendant agrees to undergo any
polygraph examination the United States might choose to administer concerning
the identification and recovery of substitute assets and restitution;

f. The defendant hereby authorizes the USAO to obtain a credit report
pertaining to him to assist the USAO in evaluating the defendant’s ability to satisfy
any financial obligations imposed as part of the sentence;

g. The defendant understands that a Special Assessment will be
imposed as part of the sentence in this case. The defendant promises to pay the
Special Assessments of $300 by submitting a satisfactory form of payment to the
Clerk of the Court prior to appearing for the sentencing proceeding in this case.
The defendant agrees to provide the Clerk’s receipt as evidence of his fulfillment
of this obligation at the time of sentencing;

h. The defendant certifies that he has made no transfer of assets or
property for the purpose of: (1) evading financial obligations created by this
Agreement; (2) evading obligations that may be imposed by the Court; nor (3)
hindering efforts of the USAO to enforce such financial obligations. Moreover, the
defendant promises that he will make no such transfers in the future; and

i. In the event the United States learns of any misrepresentation in the
financial disclosure statement, or of any asset in which the defendant had an interest
at the time of this plea agreement that is not disclosed in the financial disclosure
statement, and in the event such misrepresentation or nondisclosure changes the
estimated net worth of the defendant by ten thousand dollars ($10,000.00) or more,
the United States may at its option: (1) choose to be relieved of its obligations under
this plea agreement; or (2) let the plea agreement stand, collect the full forfeiture,
restitution, and fines imposed by any criminal or civil judgment, and also collect
100% (one hundred percent) of the value of any previously undisclosed assets. The
defendant agrees not to contest any collection of such assets. In the event the United
States opts to be relieved of its obligations under this plea agreement, the

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 17 of 20
defendant’s previously entered pleas of guilty shall remain in effect and cannot be
withdrawn.

17. Waiver of FOIA Request. The defendant waives all of his rights, whether asserted

directly or by a representative, to request or receive from any department or agency of the United

States any records pertaining to the investigation or prosecution of this case including, without

limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552,

or the Privacy Act of 1974, 5 U.S.C. § 552a.

18. Waiver of Claim for Attorney’s Fees. The defendant waives all of his claims

under the Hyde Amendment, 18 U.S.C. § 3006A, for attorney’s fees and other litigation expenses

arising out of the investigation or prosecution of this matter.

19. Defendant’s Breach of Plea Agreement. If the defendant commits any crimes,

violates any conditions of release, or violates any term of this plea agreement between the signing

of this plea agreement and the date of sentencing, or fails to appear for sentencing, or if the

defendant provides information to the Probation Office or the Court that is intentionally

misleading, incomplete or untruthful, or otherwise breaches this plea agreement, the United States

will be released from its obligations under this agreement. The defendant, however, will remain

bound by the terms of the agreement, and will not be allowed to withdraw his plea of guilty.

The defendant also understands and agrees that, in the event he violates this plea

agreement, all statements made by him to law enforcement agents subsequent to the execution of

this plea agreement, any testimony given by him before a grand jury or any tribunal, or any leads

from such statements or testimony, shall be admissible against him in any and all criminal

proceedings. The defendant waives any rights that he might assert under the United States

Constitution, any statute, Rule 11(f) of the Federal Rules of Criminal Procedure, Rule 410 of the

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 18 of 20
Federal Rules of Evidence, or any other federal rule that pertains to the admissibility of any

statements made by him subsequent to this plea agreement.

20. Defendant’s Representations. The defendant acknowledges that he has entered

into this plea agreement freely and voluntarily after receiving the effective assistance, advice and

approval of counsel. The defendant acknowledges that he is satisfied with the assistance of

counsel, and that counsel has fully advised him of his rights and obligations in connection with

this plea agreement. The defendant further acknowledges that no threats or promises, other than

the promises contained in this plea agreement, have been made by the United States, the Court, his

attorneys or any other party to induce him to enter his plea of guilty.

21. No Undisclosed Terms. The United States and the defendant acknowledge and

agree that the above stated terms and conditions, together with any written supplemental agreement

that might be presented to the Court in camera, constitute the entire plea agreement between the

parties, and that any other terms and conditions not expressly set forth in this agreement or any

written supplemental agreement do not constitute any part of the parties’ agreement and will not

be enforceable against either party.

22. Standard of Interpretation. The parties agree that, unless the constitutional

implications inherent in plea agreements require otherwise, this plea agreement should be

interpreted according to general contract principles and the words employed are to be given their

normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any

drafting errors or ambiguities are not to be automatically construed against either party, whether

or not that party was involved in drafting or modifying this agreement.

Teresa A. Moore
United States Attorney

Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 19 of 20
Case 2:22-cr-04051-RK Document 43 Filed 03/28/24 Page 20 of 20

File and source

File: 43-plea-agreement-as-to-tod-ray-keilholz-geiser-angel-entered-0.pdf
Size: 266,848 bytes
SHA-256: 361dbf3206c3b2fbdcd7ca98797b17e2e2a0cd3691ee4345cd70f900f840a9d6
Our copy: 43-plea-agreement-as-to-tod-ray-keilholz-geiser-angel-entered-0.pdf
Original: No public link identified.