Court filing — E.D. Va. No. 1:23-cr-00091 (Dkt. 8, E.D. Va.)

Summary

Statement of Facts, Document 8, filed May 26, 2023, in United States v. Bennie Earl Magee, Case 1:23-cr-00091, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division. The United States and the defendant agree that at trial the United States would have proven the stated facts beyond a reasonable doubt. The statement describes a scheme from at least in or around April 2020 through at least in or about March 2021 to obtain COVID-19 relief loans in the name of business entities, citing title 18, United States Code, Sections 1343 and 2. It states that Magee applied for PPP and EIDL loans for entities he controlled, and that on March 22, 2021, TD Bank deposited $725,795 into the business bank account of Infinity Communications Solutions, LLC. The closing signature blocks name Bennie Earl Magee and his attorney Stuart Sears.

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

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Full text

Case 1:23-cr-00091-CMH Document 8 Filed 05/26/23 Page 1 of 15 PageID# 27

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IN THE UNITED STATES DISTRICT COURT FO

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

UNITED STATES OF AMERICA

V. Case No. 1:23-CR-91-CMH

BENNIE EARL MAGEE,

Defendant

STATEMENT OF FACTS

The United States and the defendant, BENNIE EARL MAGEE ("the defendant" or

"MAGEE"), agree that at trial, the United States would have proven the following facts beyond a

reasonable doubt with admissible and credible evidence, all dates listed being on or about the

date indicated:

1. From at least in or around April 2020 through at least in or about March 2021, in

the Eastern District of Virginia and elsewhere, the defendant did knowingly, in connection with

the COVID-19 reliefloans applied for in the name ofthe business entities described below,devise

and participate in a scheme and artifice to dcfi-aud financial institutions and the Small Business

Administration ("SBA"), and to obtain money and property from them by means of materially
false pretenses, representations, and promises concerning numbers of employees, quarterly and
annual payroll expenses, annual revenues, and fictitious IRS tax returns and payroll documents

submitted in support of said loan applications, all in violation of title 18, United States Code,
Sections 1343 and 2.

2. MAGEE resided and worked in Manassas, in the Eastern District of Virginia,
where he maintained a home office as well as a business location.

3. M.G. resided in Bealeton, Virginia, in the Western District of Virginia, but M.G.

1
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worked in Manassas, Virginia,in the Eastern District of Virginia, with MAGEE. M.G. maintained

a work desk in the home office of MAGEE in Manassas. M.G. also maintained another office in a

business facility that MAGEE leased in Manassas. M.G. and MAGEE had a close professional and

personal relationship. M.G. would take direction from MAGEE in connection with applications

for Paycheck Protection Program ("PPP") and Economic Injury Disaster Loans ("EIDL")

discussed below.

4. J.S. was MAGEE's brother-in-law. J.S. worked with MAGEE in Manassas and

took direction from MAGEE in connection with applications for the PPP and EIDL loans discussed

below.

5. At all relevant times, MAGEE controlled the following entities:

a. INFINITY SOLUTIONS GROUP LLC

b. UNITED SPORTSPLEX, LLC dba ELITE SPORTS
c. CLEVERFUZE,LLC
d. MINORITY OWNED BUSINESS COALITION,IIC.
e. UNITED BASKETBALL ASSOCIATION,LLC
f. BULL RUN CAPITAL INVESTMENTS,LLC
g. UNITED FUTSAL LEAGUE,LLC
h. BOUNCE MANIA,LLC

i. ONYX SPECIAL POLICE,LLC
j. UNITED HEALTH & REHABILITATION CENTER,LLC
k. GIFTED HANDS MOVING COMPANY,LLC

Each ofthese entities was incorporated in the Commonwealth of Virginia and had as its registered

agent either MAGEE, a holding company controlled by MAGEE (e.g., Bull Run Capital

Investments, LLC),or an associate of MAGEE.Each maintained a business bank account at TD

Bank,a federally insured financial institution as defined in 18 U.S.C. § 20,

6. M.G.controlled an entity called INFINITY COMMUNICATIONS SOLUTIONS,
Case 1:23-cr-00091-CMH Document 8 Filed 05/26/23 Page 3 of 15 PageID# 29

LLC,("ICS") which had previously been incorporated in Ohio. Around May 2020, M.G. and

MAGEB incoiporated ICS in the Commonwealth of Virginia. M.G. was the resident agent ofICS

in Virginia. ICS maintained its business bank account at TD Bank.

7. J.S. was the registered agent for the following Virginia entities: GREEN TEAM

LIMOUSINE, LLC; BLACK HAT TRANSPORTATION, LLC; SLAIBY7 INVESTMENTS,

LLC; and HEALTH N WEALTH WORLD,LLC. All of these entities had bank accounts at TD

Bank.

8. MAGEE had access to the books and records of ail the entities described in this

Statement of Facts, He applied for PPP and EIDL loans for these entities and he knew that the

numbers of employees, the identities of the employees, the payroll figures, the revenue figures,

and the supporting documents he was providing to the lender and the U.S. Govemment in support

of the ^plications for PPP and EIDL loans were materially inflated..

The Scheme and Artifice to Defraud audits Manner and Means

9. By at least early April 2020, MAGEE had learned about the Paycheek Protection
V

Program("PPP")and Economic Injury Disaster Loans("EIDL"). He discussed applying for EIDL

and PPP loans with M.G.and J.S. for their entities, as well as for his own entities.In total, MAGEE

applied for EIDL and PPP loans for 17 distinct entities.

10. Under the Coronavirus Aid, Relief, and Economic Security Act("CARES Act"),

the PPP endeavored to lend money to certain businesses for the primary purpose of providing

money to fund and maintain payroll and cover other eligible business expenses. Under the terms

ofthe PPP,all PPP loans were 100% guaranteed by the SBA. Being guaranteed by the SBA means

that ifthere is a default on the loan, SBA will reimburse the lender for the remaining balance once

certain conditions and requirements set forth in the SBA regulations have been satisfied. Thus,
Case 1:23-cr-00091-CMH Document 8 Filed 05/26/23 Page 4 of 15 PageID# 30

fraud on the PPP can render the U.S. Government the ultimate victim.

11. To qualify for the loans, MAGEE knowingly and intentionally inflated and

falsifred material information that he supplied to financial institutions and the SBA in connection

with applying for EIDL and PPP loans. MAGEE vastly inflated the numbers of employees each

entity claimed. MAGEE materially inflated quarterly and annual payroll figures for each entity.

MAGEE created falsified payroll records, listing the tme names of real people without their

consent, as employees of the entities, when, in truth and in fact, as he well knew, the majority of

these individuals never worked for these entities. MAGEE inflated and falsified company revenues

for each entity. MAGEE also created falsified IRS business tax returns for the entities applying for

PPP loans,and falsely certified or caused to be falsely certified that such forms had been filed with

the IRS.

12. For example, for the supporting documentation for several entities' PPP loan

applications and loan forgiveness applications, MAGEE created numerous backdated, falsified

IRS Forms 940 for Tax Year 2019, showing falsified and inflated wages paid to employees, as

well as federal unemployment tax figures and calculations. Likewise, MAGEE created falsified

IRS Tax Forms 941 for the first quarter of 2020("1Q2020") for each entity applying for a PPP

loan. This form falsely listed grossly inflated numbers of employees for each entity, fictions and

inflated gross wages, and falsified withholding taxes. In truth and in fact, these entities had filed

no such returns with the IRS, and the information in the tax documents, including data about

employees, wages, and taxes paid, was materially false. MAGEE submitted each one to the bank

with the intent to influence its lending decision.

13. MAGEE would populate the loan applications and create the false documents and

submit them to lenders and tlie SBA from his home office in Manassas, Virginia, using his
Case 1:23-cr-00091-CMH Document 8 Filed 05/26/23 Page 5 of 15 PageID# 31

computer to apply online. Each online application described below eaused an interstate wire that

was foreseeable to MAGEE,as the SBA servers were located in Iowa,and TD Bank in New Jersey.

14. Once the borrower's loan application was approved and the funds were disbursed,

the SBA would pay the lender a processing fee of 1-5% based on the amount of the loan.

15. It was an object of the scheme to obtain EIDL and PPP loans for the purpose of

investing in crypto currency ventures and to spend the money on other unauthorized purposes,

although some ofthe money went toward payroll.

Fraudulent Loans MA GEE Preparedfor M.G.'s Entity

16. In 2019, M.G.'s entity,ICS,had little revenue and was essentially only employing

M.G. The workload for ICS in 2019 and 2020 was comprised solely of intemal information

technology related projects for a business controlled by MAGEE. M.G. stored materials at a

warehouse leased by MAGEE to do work for MAGEE. Other than M.G., ICS had no employees

and had no payroll in 2019 and 2020. ICS generated minimal annual revenues in both 2019 and

2020.

17. By early April 2020,MAGEE approached M.G.and told M.G.that MAGEE could

help him obtain capital for ICS through PPP loans.. MAGEE and M.G. knew that the programs

were to provide funds to maintain the entity's payroll and for other authorized business expenses.

18. Working in his home office in Manassas, around April 3, 2020, MAGEE

submitted an EIDL application for ICS which falsely listed five(5)employees and reported 2019

gross revenues of$777,167, in an attempt to obtain an EDIL loan from the SBA in an amount of

approximately $146,356. The SBA denied the EIDL application. The SBA did, however,give ICS

a $5,000 EIDL grant based on the false representation that ICS had five employees ($1,000 per

employee).
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19. On May 27,2020, MAGEE and M.G. caused ICS to be incorporated in Virginia.

20. On June 2, 2020, MAGEE filled out a "first draw" PPP loan application for ICS

and submitted it to TD Bank with M.G.'s knowledge and approval. On the application form for

ICS, MAGEE listed 26 employees and a monthly payroll of$290,318—^which both MAGEE and

M.G. knew was false—^to obtain a PPP loan in the amount of$725,795. M.G. initialed next to the

application's certifications and signed the loan application knowing the material information

concerning employees and payroll contained in it was false.

21. To support the first draw loan application, MAGEE,with M.G.'s knowledge and

approval, created false IRS business tax returns for ICS,to submit to TD Bank. For the Tax Year

2019, MAGEE created a backdated IRS form 940, falsely representing that ICS had paid its

employees $3,483,819.13. The form included false federal unemployment tax figures and

calculations. M.G. signed the fonn, backdated it to January 3, 2020, all with loiowledge that

MAGEE would submit it to the lender.

22. Corresponding to Tax Year 2019, MAGEE also created a falsified payroll

summary for ICS where he listed the actual names of46 individuals he knew, claiming that they

were on ICS's payroll when they in fact were not. Those names included MAGEE's children,

extended family members, and other people with whom MAGEE interacted or knew. The

spreadsheet listed false salaries, hours worked, gross pay, state and federal taxes, and social

security and Medicare taxes supposedly withheld. It provided fictitious amoimts of net pay for

each listed individual, and grand totals for all categories. MAGEE and M.G. submitted this

document to the bank knowing it was fabricated and false.
23. MAGEE,with M.G.'s knowledge and approval, created a false IRS Tax Form 941

for the first quarter of 2020("1Q2020"). This form falsely claimed ICS had paid 26 employees
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$480,618.92 in gross wages, with $118,046.06 withheld in taxes. It fiirther falsely represented that

ICS had paid $191,580.76 to the IRS in withholdings and other taxes for IQ 2020. M.G. signed

this false tax form, which was dated April 10, 2020. In truth and in fact, ICS had filed no such

return with the IRS,and the document,including its data about employees, wages, and taxes paid,

was materially false. M.G. and MAGEE submitted it to the bank with the intent to influence its

lending decision for the SBA-backed PPP loan.

24. Corresponding to 1Q202Q, MAGEE with the knowledge and approval of M.G.,

also created a false quarterly payroll document for January-March 2020. In it, MAGEE listed 26

employees using the names of real individuals without their consent, and falsely listed salaries,

hours worked,gross pay,state and federal taxes,and social security and Medicare taxes supposedly

withheld. It proyided fictitious amounts of net pay for each listed individual, and grand totals for

all categories. MAGEE,with M.G.'s consent, submitted tliis document to the bank knowing it was

fabricated and false.

25. TD Bank approved ICS for a PPP loan and on June 8, 2020, TD Bank deposited

$725,795 into the business bank account of ICS, of which M.G. was tlie signatory. The account

balance before this deposit was approximately $6,336. Four days later, M.G. wrote a check to

MAGEE's company for $420,000. On June 23,2020,the SBA deposited $5,000 into the ICS bank

account.

26. On March 16, 2021, MAGEE prepared and submitted a second round ("second

draw")PPP loan application for ICS with M.G.'s knowledge and approval. This loan was also for

$725,795. This application falsely listed 34 cjiiplu^'ecs axid elaiiiieU a iiiuiillily payroll of$290,318.

The second draw loan application also contained a field for reduction in gross receipts. In fliis

field, MAGEE falsely reported Second Quarter 2020 gross receipts of $783,792.90, which were
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purportedly a reduction from Second Quarter of 2019 gross receipts, which MAGEE listed as
$1,150,968.02. All ofthese numbers were false and were designed to quality for the second round

of PPP loans by showing at least a 25% reduction in gross revenue from the same quarter of the

previous year. M.G. signed and initialed this second draw loan application to TD Bank, knowing
thai it contained material misrepresentations about ICS's employee headcount, payroll, and gross

receipts.

27. In support ofthis second round ofPPP loan application for ICS, MAGEE created

a document entitled "2ND QTR Profit & Loss Comparison." It was populated with falsified

numbers for company income, cost of goods sold, gross profits, expenses, and net income, along
with a fraudulent calculation ofpercent change,showing a 31.5% decline in ordinary income over

comparable quarters from 2019 to 2020. M.G.reviewed this document that MAGEE presented to
him, initialed key fake numbers, and signed it as "President/CEO" of ICS, dating it February 17,

2021. MAGEE and M.G.also submitted this document to the bank via the intemet from MAGEE's

home office with the intent to influence the bank's lending decision.

28. On March 22, 2021, TD Bank deposited $725,795 into ICS's business bank

account. Two days later, M.G. wrote a check for $200,000 to MAGEE's company. MAGEE also
had control over ICS's Intuit QuickBooks and payroll processing. MAGEE used this authority and

access to pay one of his children and M.G. tens ofthousands of dollars through payroll.
29. MAGEE indicated to M.G. that he would be able to obtain forgiveness for the

loans and told M.G. that he would handle applying for loan forgiveness. When M.G. started

receiving default notices from T.D. Bank noting that the ICS loans were overdue, M.G. informed

MAGEE,who indicated that he would take care of it.

30. M.G. lost some of s of ICS's PPP loan money in crypto currency ventures.
Case 1:23-cr-00091-CMH Document 8 Filed 05/26/23 Page 9 of 15 PageID# 35

MAGEE lost in crypto some ofthe PPP money that ICS had paid Bull Run.

Fraudulent EIDL andPPP Loans MAGEE Obtainedfor His Own Entities

31. Using the same manner and means as he had for M.G.s loans, MAGEE

successfully applied for die following EIDL loans for his own entities with the SBA between

March 30,2020,and September 1, 2020,as follows:

2019 Gross Revenue
Company Appl. Date # Emps. EIDL Loan Amt,'
Claimed
INFINITY SOLUTIONS GROUP LLC 4/1/2020 15 $1,944,804.00 $160,000.00
UNITED SPORTSPLEX,LLC 4/7/2020 17 $542,400.00 $160,000.00
MINORITY OWNED BUSINESS
COALITION
5/13/2020 37 $7,593,540.00 $160,000.00
BULL RUN CAPITAL
9/1/2020 13 $2,019,611.00 $150,000.00
INVESTMENTS,LLC
BOUNCE MANIA,LLC 4/3/2020 6 $175,568.00 $74,000.00
GIFTED HANDS MOVING
9/1/2020 18 $2,482,320.00 $150,000.00
COMPANY.LLC
Total EIDL(MAGEE Entities) $854,000.00

32. The numbers of employees and gross revenues for each entity above were all

materially inflated-in some cases, vastly inflated-causing the SBA to part with money as indicated

in the table above,

33. Using the same manner and means as he had for M.G.'s loans, MAGEE

successfully applied for the following first draw PPP loans on the dates indicated:

Company Monthly 1st Draw PPP
Appl. Date # Emps.
Payroll Loan Amt
INFINITY SOLUTIONS GROUP LLC 4/7/2020 6 $17,529 $43,822
UNITED SPORTSPLEX.LLC 4/27/2020 12 $6,931 $17,327
CLEVERFUZE. LLC 4/28/2020 12 $60,764 $150,000
MINORITY OWNED BUSINESS COALITION 5/3/2020 18 $231,892 $570,000
UNITED BASKETBALL ASSOCIATION.LLC 5/6/2020 16 $63,597 $158,000
BULL RUN CAPITAL INVESTMENTS,LLC 5/8/2020 6 $85,789 $214,422
UNITED FUTSAL LEAGUE,LLC 6/8/2020 13 $159,508 $398,770
BOUNCE MANIA LLC 6/23/2020 19 $70,715 $176,788
ONYX SPECIAL POLICE.LLC 1/30/2021 34 $131,566 $202,425

'Amounts in this column include EIDL and EIDL advance (e.g., grant)for the relevant company.

9
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UNITED HEALTH & REHABILITATION
4/7/2021 23 $64,129 $150,000
CENTER.LLC
GIFTED HANDS MOVING COMPANY.LLC 1/20/2021 38 $168,406 $421,015
Total First Draw PPP(MAGEE Entities) $2,502,569

34, The numbers of employees and monthly payroll for each entity above were all
materially inflated,in some cases vastly, causing TD Bank to part with the money indicated above.
35. Using the same manner and means as he had for obtaining M.G.'s second draw

PPP loan,MAGEE fraudulently obtained the following second draw PPP loans for his own entities

by falsely inflating niunbers ofemployees,fabricating payroll figures, and falsely showing at least

a 25% decline on quarterly gross revenue from 2019 to 2020, as indicated in the table below:

Appl. Monthly 2nd Draw PPP
Company #Emps
Date Payroll Loan Amt
INFINITY SOLUTIONS GROUP LLC 1/19/2021 13 $54,658 $136,645
UNITED SPORTSPLEX,LLC/ELITE SPORTS 2/9/2021 21 $62,583 $150,000
CLEVERFUZE,LLC 2/1/2021 16 $60,764 $150,000
MINORITY OWNED BUSINESS COALITION 2/13/2021 37 $231,892 $579,730
UNITED BASKETBALL ASSOCIATION.LLC 2/5/2021 22 S63,597 $150,000
BOUNCE MANIA,LLC 2/2/2021 38 $70,715 $150,000
Total Second Draw PPP(MAGEE Entities) $1,316,375

36. The numbers of employees and monthly payroll for each entity above were all
materially inflated,in some cases vastly, causing TD Bank to part with the money indicated above.

37. Just from the applications for his own entities, MAGEE wrongfully derived

$3,818,944 from TD Bank and $854,000 directly from the SBA as a result of the scheme to

defraud. This is in addition to the $620,000 in proceeds he had derived from M.G., described
above.

38. MAGEE used a portion ofthe proceeds ofthe scheme to invest in crypto currency,
to pay private secondary school tuition, and to pay for private university tuition for his children.
MAGEE would also pay himself and family members money via Intuit QuickBooks payroll.

10
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MAGEE purchased cars, and made E-Trade investments with the proceeds. MAGEE also made
substantial mortgage pajmients on his residence, which was in pre-foreclosure prior to MAGEE's

receipt ofPPP funds.

Fraudulent PPP Loansfor Entities Associated with J.S.

39. MAGEE also fraudulently obtained first round PPP loans for the following entities

associated with J.S., by using the same manner and means to execute the scheme,described above:

1st Draw PPP
Company Appl. Date # Emps Monthly Payroll
Loan Amt

GREEN TEAM LIMOUSINE 5/5/2020 6 $20,229 $50,000
BLACK HAT TRANSPORTATION.LLC 5/15/2020 7 $98,291 $245,727
SLAIBY7 INVESTMENTS,LLC 5/26/2020 10 $137,273 $343,182
HEALTH N WEALTH WORLD,LLC 3/24/2021 13 $60,724 $151,810
Total Rrst Draw PPP(J.S. Entities) $790,719

40. The numbers of employees and monthly payroll for each entity above were all

materially inflated,in some cases vastly, eausing TD Bank to part with the money indicated above.

41. MAGEE fraudulently obtained second round PPP loans for the following entities

associated with J.S., by using tlie same manner and means to execute the scheme,described above:

Draw PPP
Company Appl. Date #£mps Monthly Payroll
Loan Amt
GREEN TEAM LIMOUSINE 2/13/2021 14 $46,087 $115,217
BLACK HAT TRANSPORTATION, LLC 3/16/2021 15 $98,291 $245^727
SLAIBY7 INVESTMENTS.LLC 2/19/2021 30 $137,273 $343,182
Total Second Draw PPP(J.S. entities) $704,126

42. The numbers of employees and monthly payroll for each entity above were all
materially inflated,in some cases vastly, causing TD Banlr to part with the money indicated above.
43. MAGEE fraudulently caused TD Bank to part with $1,494,845 in PPP loan

proceeds for entities associated with J.S.

44. MAGEE had access to the bank accounts associated with J.S.'s business entities.

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J.S. used the PPP loan proceeds to pay a home loan, to invest in the stock market, to invest in
crypto currency, and to pay for vacation expenses. J.S. loaned a portion of the PPP loan proceeds
to Bull Run Capital, which MAGEE owned.

Loan Forgiveness Fraud

45. From approximately March 8, 2021 through at least September 27, 2021,
MAGEE, in the Eastern Distiict of Virginia and elsewhere, submitted applications for loan
forgiveness for many ofthe loans described above. In each case, MAGEE drafted the forgiveness
application and falsely certified that the PPP money had been used either solely for payroll or for
authorized purposes such as payroll, rent and utilities. MAGEE also continued to materially inflate
the numbers ofemployees to whom each company had purportedly paid payroll.In some instances,
MAGEE created additional false documentation to supply along with the forgiveness application
to make it appear as ifthe funds were used as required by tlie program. MAGEE falsified TD Bank

statements to show that funds were used for rent or utilities and supplied updated false payroll
summaries.

46. Relying on these false representations and false certifications, the SBA forgave 11
of the first and second draw PPP loans. Those loans, therefore, did not have to be paid back by
MAGEE,J.S., orM.G. The forgiven loans totaled $1,263,011.

47. For the 13 PPP loans that were not forgiven by the SBA totaling $4,878,928, the
borrower was required to repay the loan balance with 1% interest. MAGEE,J.S. and M.G. were
sent notices of default for these unforgiven loans. The defaulted loans have not been repaid and
arc delinquent. Six of the 13 delinquent PPP loans were "charged off' by the SBA. If a borrower
becomes more than 60 days past due, the SBA will provide the guaranty on the loan to the lender
and charge off the loan. Charge off does not affect the SBA's rights against tlie delinquent

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Case 1:23-cr-00091-CMH Document 8 Filed 05/26/23 Page 13 of 15 PageID# 39

borrower.

State Unemployment Insurance Collections

48. From April 4, 2020 through July 25, 2020, MAGEE received 17 weeks of

unemployment payments through claims submitted to the Virginia Employment Commission,for
a total of$16,626 in unemployment payments remitted to his Bull Run Capital investments, LLC

bank account at TD Bank.

* ♦ *

49. In sum, MAGEE's scheme to defraud caused TD Bank to disburse a total of

$6,765,379 in PPP loans, and the SBA to part with $854,000 in EIDL loans, for a total actual loss

of$7,619,379. MAGEE personally derived approximately $5,292,944 from this fraud scheme.

50. This Statement of Facts includes those facts necessary to support the plea

agreement between the defendant and the United States. It does not include each and every fact
known to the defendant or to the United States, and it is not intended to be a full enumeration of

all ofthe facts surrounding the defendant's case.

51. MAGEE also does not contest any of the factual allegations contained in the

Criminal Information.

52. Furthermore, this statement of facts is an admission of the defendant that can be

used in subsequent court proceedings against him. This statement of facts does not constitute and

are not part of compromise negotiations under Fed. R. Evid. 410 or any other provision offederal

law. As such,the defendant agrees that tliis statement offacts should not be excluded or suppressed
under Fed. R.Evid. 410, Fed. R. Crim. P. 11(f), the Sentencing Guidelines or any other provision
of the Constitution or federal law.

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53. The actions of the defendant, as recounted above, were in all respects knowing

and deliberate, and were not committed by mistake, accident, or other innocent reason.

Respectfully submitted,

Jessica D. Aber
lited States Attorney

Date: May 12.2023 By:
Russell L. Carlbeig
Assistant United States Attorney

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After consulting with my attorney and pursuant to the plea agreement entered into this day
between the defendant, BENNIE EARL MAGEE,and the United States, I hereby stipulate that

the above Statement of Eacts is true and accurate, and that had the matter proceeded to trial, the

United States would have proved the same beyond a reasonable doubt.

BENNIE EARL MAGEE

I am Stuart Sears, defendant's attorney. I have carefully reviewed the above Statement of

Facts with him. To my knowledge, his decision to stipulate to these facts is an informed and

voluntary one.

Sluary^t^rs, Esq.<
<mey for BENNIE EARL MAGEE

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