Plea Agreement — United States v. Michael Eugene Bolte (D. Mont., Dkt. 20, filed 11/17/21)

Summary

A Plea Agreement filed November 17, 2021 as Document 20 in United States v. Michael Eugene Bolte, CR 21-46-BLG-SPW (Case 1:21-cr-00046-SPW), in the U.S. District Court for the District of Montana, Billings Division, between the United States Attorney's Office and Bolte. Bolte agrees to plead guilty to the superseding information, which charges theft of government money, property, or records in violation of 18 U.S.C. § 641 in an amount less than $1,000, with a maximum of one year of imprisonment. The United States agrees to move to dismiss the indictment and claims restitution of $74,800 on behalf of the Small Business Administration. Bolte agrees to forfeit the automobiles listed in the agreement and to waive appeal of the sentence, except for ineffective assistance of counsel.

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Case 1:21-cr-00046-SPW Document 20 Filed 11/17/21 Page1 ETL E D

NOV 17 2021
MICHAEL A. KAKUK Clerk, U.S. Courts
Assistant U.S. Attorney aoe onl

U.S. Attorney’s Office

901 Front Street, Suite 1100

Helena, MT 59626

Phone: (406) 457-5262

Fax: (406) 457-5130

E-mail: michael.kakuk@usdoj.gov

ATTORNEY FOR PLAINTIFF
UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

UNITED STATES OF AMERICA, | CR 21-46-BLG-SPW

Plaintiff, PLEA AGREEMENT
VS.

MICHAEL EUGENE BOLTE,

Defendant.

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the United
States of America, represented by Michael A. Kakuk, Assistant United States
Attorney for the District of Montana, and the defendant, Michael Eugene Bolte,
and the defendant’s attorney, Gillian Gosch, have agreed upon the following:

L. Scope: This plea agreement is between the United States Attorney’s

Office for the District of Montana and the defendant. It does not bind any other

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federal, state, or local prosecuting, administrative, or regulatory authority, or the
United States Probation Office.

Ze Charges: The defendant agrees to plead guilty to the superseding
information, which charges the crime of theft of government money, property, or
records in violation of 18 U.S.C. § 641, in an amount less than $1,000. This
offense carries a maximum punishment of one year of imprisonment, a $100,000
fine, up to one year of supervised release, and a $25 special assessment.

3. Nature of the Agreement: The parties agree that this plea agreement
will be governed by Rule 11(c)(1)(A) and (B), Federal Rules of Criminal
Procedure. The defendant acknowledges that the agreement will be fulfilled
provided the United States: a) moves to dismiss, and the Court agrees to dismiss,
the indictment; and b) makes the recommendations provided below. The
defendant understands that if the agreement is accepted by the Court, and the
indictment is dismissed, there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States.

4, Admission of Guilt: The defendant will plead guilty because the
defendant is guilty of the charge contained in the superseding information. In

pleading guilty, the defendant acknowledges that:

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First, the defendant knowingly stole money with the intention of depriving
the owner of the use or benefit of the money;

Second, the money belonged to the United States; and

Third, the value of the money was less than $1,000.

= Waiver of Rights by Plea:

(a) The defendant is entitled to have the charge outlined in
paragraph 2, above, presented to and tried before a district judge. Rule
58(b)(3)(A),(B), Federal Rules of Criminal Procedure. By execution of, and
signature on, this agreement, the defendant consents to plea and sentencing before
the U.S. Magistrate Judge.

(b) The government has a right to use against the defendant, in a
prosecution for perjury or false statement, any statement given under oath during
the plea colloquy.

(c) The defendant has the right to plead not guilty or to persist in a
plea of not guilty.

(d) The defendant has the right to a jury trial unless, by written
waiver, the defendant consents to a non-jury trial. The United States must also

consent and the Court must approve a non-jury trial.

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(e) The defendant has the right to be represented by counsel and, if
necessary, have the Court appoint counsel at trial and at every other stage of these
proceedings.

(f) If the trial is a jury trial, the jury would be composed of 12
laypersons selected at random. The defendant and the defendant’s attorney would
have a say in who the jurors would be by removing prospective jurors for cause
where actual bias or other disqualification is shown, or without cause by exercising
peremptory challenges. The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty. The jury would be instructed that the
defendant is presumed innocent, and that it could not convict unless, after hearing
all the evidence, it was persuaded of the defendant’s guilt beyond a reasonable
doubt.

(g) Ifthe trial is held by the judge without a jury, the judge would
find the facts and determine, after hearing all of the evidence, whether or not the
judge was persuaded of the defendant’s guilt beyond a reasonable doubt.

(h) Atatrial, whether by a jury or a judge, the United States would
be required to present its witnesses and other evidence against the defendant. The
defendant would be able to confront those government witnesses and the
defendant’s attorney would be able to cross-examine them. In turn, the defendant

could present witnesses and other evidence. If the witnesses for the defendant

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would not appear voluntarily, their appearance could be mandated through the
subpoena power of the Court.

(i) Atatrial, there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference of guilt could be drawn
from the refusal to testify. Or the defendant could exercise the choice to testify.

(j) | If convicted, and within 14 days of the entry of the Judgment
and Commitment, the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine if any errors were made
that would entitle the defendant to reversal of the conviction.

(k) |The defendant has a right to have the district court conduct the
change of plea hearing required by Rule 11, Federal Rules of Criminal Procedure.
By execution of this agreement, the defendant waives that right and agrees to hold
that hearing before, and allow the Rule 11 colloquy to be conducted by, the U.S.
Magistrate Judge, if necessary.

(1) If convicted in this matter, a defendant who is not a citizen of
the United States may be removed from the United States, denied citizenship, and
denied admission to the United States in the future.

The defendant understands that by pleading guilty pursuant to this

agreement, the defendant is waiving all of the rights set forth in this paragraph.

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The defendant’s attorney has explained those rights and the consequences of
waiving those rights.

6. Recommendations: The United States will recommend the
defendant’s offense level be decreased by two levels for acceptance of
responsibility, pursuant to USSG §3E1.1(a), unless the defendant is found to have
obstructed justice prior to sentencing, pursuant to USSG §3C1.1, or acted in any
way inconsistent with acceptance of responsibility. The United States will move
for an additional one-level reduction, pursuant to USSG §3E1.1(b), if appropriate
under the Guidelines. The parties reserve the right to make any other arguments at
the time of sentencing. The defendant understands that the Court is not bound by
this recommendation.

7 Sentencing Guidelines: Although advisory, the parties agree that the
U.S. Sentencing Guidelines must be applied, and a calculation determined, as part
of the protocol of sentencing to determine what sentence will be reasonable.

8. Waiver of Appeal of the Sentence — General: The defendant
understands the law provides a right to appeal and collaterally attack the sentence
imposed in this case. 18 U.S.C. § 3742(a); 28 U.S.C. §§ 2241, 2255. Based on the
concessions made by the United States, the defendant knowingly waives any right
to appeal or collaterally attack any aspect of the sentence, including conditions of

probation or supervised release. This waiver includes challenges to the

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constitutionality of any statute of conviction and arguments the admitted conduct
does not fall within any statute of conviction. This waiver does not prohibit the
right to pursue a collateral challenge alleging ineffective assistance of counsel.

9, Restitution. The defendant agrees to be responsible for complete
restitution in this matter. The United States has agreed to a misdemeanor
disposition of the case and dismissal of the indictment. The defendant understands
that the monetary threshold identified in the charge is necessary for the charge to
be a misdemeanor, but understands the actual loss exceeds that monetary threshold
and agrees to be responsible for restitution commensurate with the total loss
amount. See 18 U.S.C. §§ 3663(a)(1) and (a)(3). The United States claims, on
behalf of the victim, the United States Small Business Administration, restitution
in the amount of $74,800. The defendant agrees that this amount of restitution
may be imposed in the judgment.

10. Disclosure of Financial Information: The defendant authorizes the
U.S. Probation Office to release to the Financial Litigation Unit of the U.S.
Attorney’s Office all documents and financial information provided by the
defendant to the U.S. Probation Office and any information obtained by the U.S.
Probation Office about the defendant through its investigation. The defendant
further agrees to fully complete a financial statement in the form prescribed by the

U.S. Attorney’s Office, provide financial documents as requested, and submit to a

/
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debtor’s exam if deemed appropriate by the U.S. Attorney’s Office, in order to
evaluate the defendant’s ability to satisfy any financial obligation imposed by the
Court. The defendant consents to being immediately placed on the Treasury Offset
Program to help meet the defendant’s obligation to pay restitution and/or a fine.

11. Forfeiture. The defendant agrees to abandon all right title and
interest in the following property described in the indictment, execute a release and
waiver to that effect, or agree to the entry of an Order of Forfeiture transferring the
property to the United States:

a. 1916 Studebaker automobile, VIN 219539;

b. 1929 Franklin automobile, VIN 30193685;

é. 1939 Ford Deluxe automobile, VIN 5064524; and

d. 1941 Ford Super Deluxe automobile, VIN 186334237.

The defendant also agrees that forfeiture is independent of any assessment,
fine, cost, restitution, or penalty that may be imposed by the Court. The defendant
knowingly and voluntarily agrees to waive all constitutional, legal, and equitable
defenses to this forfeiture.

The U.S. Attorney’s Office agrees to support any claims for restoration or
remission to apply proceeds from this forfeiture to restitution to the victim, the
United States Small Business Administration, set out in paragraph 9. The U.S.

Attorney’s Office does not control and therefore cannot guarantee the timing or

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ultimate outcome of any restoration or remission process, beyond agreeing to start
the process once all proceeds from this forfeiture have been realized.

12. Voluntary Plea: The defendant and the defendant’s attorney
acknowledge that no threats, promises, or representations have been made to
induce the defendant to plead guilty, and that this agreement is freely and
voluntarily endorsed by the parties.

13. Detention/Release After Plea: The United States agrees that it will
not move for detention, but will defer to the discretion of the Court the decision as
to whether the defendant meets the conditions of 18 U.S.C. § 3143(a)(1) or (2), and
whether the defendant has clearly shown exceptional reasons why detention is not
appropriate. 18 U.S.C. § 3145(c). The United States is obligated to advise the
Court of the appropriate legal standards that relate to the defendant’s eligibility for
post-conviction release. The defendant acknowledges that obligation and
understands that advising the Court as to the law and facts is not an abrogation of
its agreement not to request remand.

14. Breach: Ifthe defendant breaches the terms of this agreement, or
commits any new criminal offenses between signing this agreement and
sentencing, the U.S. Attorney’s Office is relieved of its obligations under this

agreement, but the defendant may not withdraw the guilty plea.

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15. Entire Agreement: Any statements or representations made by the
United States, the defendant, or defense counsel prior to the full execution of this
plea agreement are superseded by this plea agreement. No promises or
representations have been made by the United States except as set forth in writing
in this plea agreement. This plea agreement constitutes the entire agreement
between the parties. Any term or condition which is not expressly stated as part of
this plea agreement is not to be considered part of the agreement.

LEIF M. JOHNSON
Acting United States Attorney

(roa) MICHAEL A. KAKUK
Assistant U, S. Attorney
Date: ul laa (

MICHAEL EUGENE BOLTE

Defendant

GILL GOSCH
Defense Counsel
Date: \| -\ “2,

AUSA DEF ATTY Date Page 10


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