Plea Agreement — United States v. Wajahat Khan (N.D. Tex., Dkt. 177, filed 11/04/24)

Summary

Plea Agreement in United States v. Wajahat Khan (04), No. 3:23-CR-252-K, in the U.S. District Court for the Northern District of Texas, Dallas Division, Document 177, filed November 4, 2024. Under the agreement the defendant pleads guilty to Count One of the indictment, charging a violation of 18 U.S.C. § 1349 (18 U.S.C. § 1344(2)), Conspiracy to Commit Bank Fraud. It states the maximum penalties, including imprisonment not to exceed 30 years, a fine not to exceed $1,000,000, a mandatory special assessment of $100, and restitution. The agreement also covers the government's agreement to dismiss remaining charges after sentencing, a waiver of the right to appeal with stated exceptions, and an Exhibit A listing loans.

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Case 3:23-cr-00252-K Document177 Filed 11/04/24. Pageiof9 PagelD 482

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

v. NO. 3:23-CR-252-K
WAJAHAT KHAN (04)

PLEA AGREEMENT

Wajahat Khan, the defendant, Suzy Vanegas, the defendant’s attorney, and the
United States of America (the government) agree as follows:
1. Rights of the defendant: The defendant understands that the defendant
has the rights:

a. to plead not guilty;
b. to have a trial by jury;
e, to have the defendant’s guilt proven beyond a reasonable doubt;

d. to confront and cross-examine witnesses and to call witnesses in the
defendant’s defense; and

e. against compelled self-incrimination.

2. Waiver of rights and plea of guilty: The defendant waives these rights
and pleads guilty to the offense alleged in Count One of the indictment, charging a
violation of 18 U.S.C. § 1349 (18 U.S.C. § 1344(2)), that is, Conspiracy to Commit Bank

Fraud. The defendant understands the nature and elements of the crime to which the

Plea Agreement—Page 1
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defendant is pleading guilty, and agrees that the factual resume the defendant has signed
is true and will be submitted as evidence.
ae Sentence: The maximum penalties the Court can impose include:

a. imprisonment for a period not to exceed 30 years;

b. a fine not to exceed $1,000,000, or twice any pecuniary gain to the
defendant or loss to the victim(s);

om a term of supervised release of not more than five years, which may
be mandatory under the law and will follow any term of
imprisonment. If the defendant violates the conditions of supervised
release, the defendant could be imprisoned for the entire term of
supervised release;

d. a mandatory special assessment of $100;

&. restitution to victims or to the community, which may be mandatory
under the law, and which the defendant agrees may include
restitution arising from all relevant conduct, not limited to that
arising from the offense of conviction alone and will be ordered in
accordance with paragraph nine of this plea agreement;

f. costs of incarceration and supervision; and
g. forfeiture of property.

4. Immigration consequences: The defendant recognizes that pleading
guilty may have consequences with respect to the defendant’s immigration status if the
defendant is not a citizen of the United States. Under federal law, a broad range of
crimes are removable offenses. The defendant understands this may include the offense

to which the defendant is pleading guilty, and for purposes of this plea agreement, the

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defendant assumes the offense is a removable offense. Removal and other immigration
consequences are the subject of a separate proceeding, however, and the defendant
understands that no one, including the defendant’s attorney or the district court, can
predict to a certainty the effect of the defendant’s conviction on the defendant’s
immigration status. The defendant nevertheless affirms that the defendant wants to plead
guilty regardless of any immigration consequences that the defendant’s plea of guilty
may entail, even if the consequence is the defendant’s automatic removal from the United
States.

3, Court’s sentencing discretion and role of the Guidelines: The defendant
understands that the sentence in this case will be imposed by the Court after consideration
of the United States Sentencing Guidelines. The guidelines are not binding on the Court,
but are advisory only. The defendant has reviewed the guidelines with the defendant’s
attorney, but understands no one can predict with certainty the outcome of the Court’s
consideration of the guidelines in this case. The defendant will not be allowed to
withdraw the defendants plea if the defendant’s sentence is higher than expected. The
defendant fully understands that the actual sentence imposed (so long as it is within the
statutory maximum) is solely in the discretion of the Court.

6. Defendant’s agreement. The defendant shall not knowingly provide false
information to the U.S. Probation Office (USPO), the Court, or the government relating
to the offense(s) of conviction and all relevant conduct, or any information the defendant

must provide related to this agreement.

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te Mandatory special assessment: The defendant agrees to pay the U.S.
District Clerk the amount of $100 in satisfaction of the mandatory special assessment
prior to sentencing.

8. Financial Obligations: The defendant understands that any financial
obligation imposed by the Court for restitution, fines, or special assessments is due and
payable immediately. In the event the Court imposes a schedule for payment, the
defendant agrees that such a schedule represents a minimum payment obligation and does
not preclude the U.S. Attorney’s Office from pursuing any other means by which to
satisfy the defendant’s full and immediately enforceable financial obligation. The
defendant understands that the defendant has a continuing obligation to pay in full as
soon as possible any financial obligation imposed by the Court. The defendant further
agrees as follows:

a. Financial Disclosures: The defendant shall submit an accurate and
complete personal financial statement under oath on demand by the USPO,
the Court, or the government, which statement shall include all requested
support documents and may be shared between and among the USPO, the
Court and the government as needed for collection of any financial
obligations.

b. Financial Interviews: The defendant shall submit to interviews by the
government and the USPO regarding the defendant’s capacity to satisfy any
fine, restitution, or special assessment.

c, Credit Check: The defendant expressly authorizes the United States
Attorney’s Office to immediately obtain a credit report on the defendant to

evaluate the defendant’s ability to satisfy any financial obligation imposed
by the Court.

d. Asset Preservation: The defendant further agrees to fully cooperate with
the government in the liquidation of assets to be applied towards any
financial obligations imposed in this case. The defendant understands the

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government will review all financial disclosures submitted and require the
defendant to make good-faith efforts toward payment of all financial
obligations imposed by this Court.

Restitution: Pursuant to 18 U.S.C. §§ 3663A and 3663(a)(3), the defendant

agrees that the Court is authorized to order, and the defendant agrees to pay, restitution

for all loss resulting from the offense of conviction and all relevant conduct, in an amount

to be determined by the Court.

10.

a. Stipulated Restitution: Defendant agrees that restitution shall include,

without limitation, all loss resulting from the loans identified in Exhibit
A.

. Relevant Conduct: The defendant agrees to pay restitution related to

all loans and lines of credit identified above, whether or not they qualify
as relevant conduct under USSG § 1B1.3(a)(1)(A) and (1)(B).

. Joint and Several Liability: The defendant understands that should the

Court order that restitution be paid jointly and severally with others who
are required to pay restitution for the same loss to victims that credit
may not be received for all payments made by any other person with
joint and several liability. The defendant agrees that any restitution
ordered to be paid jointly and severally remains the responsibility of the
defendant until the defendant has paid the defendant’s ordered amount
of restitution in full or the respective victim has been paid in full.

Government’s agreement: The government will not bring any additional

charges against the defendant based upon the conduct underlying and related to the

defendant’s plea of guilty. The government will file a Supplement in this case, as is

routinely done in every case, even though there may or may not be any additional terms.

The government will dismiss, after sentencing, any remaining charges in the pending

indictment. This agreement is limited to the United States Attorney’s Office for the

Northern District of Texas and does not bind any other federal, state, or local prosecuting

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authorities, nor does it prohibit any civil or administrative proceeding against the
defendant or any property.

11. Violation of agreement: The defendant understands that if the defendant
violates any provision of this agreement, or if the defendant’s guilty plea is vacated or
withdrawn, the government will be free from any obligations of the agreement and free to
prosecute the defendant for all offenses of which it has knowledge, including the
reinstatement of charges dismissed pursuant to this plea agreement. In the event of such
a violation, vacatur, or withdrawal, the defendant waives all objections based upon delay
in prosecution. If the plea is vacated or withdrawn for any reason other than a finding
that it was involuntary, the defendant also waives all objections to the use against the
defendant of any information or statements the defendant has provided to the
government, and any resulting leads.

12. Voluntary plea: This plea of guilty is freely and voluntarily made and is
not the result of force or threats, or of promises apart from those set forth in this plea
agreement. There have been no guarantees or promises from anyone as to what sentence
the Court will impose.

13. Waiver of right to appeal or otherwise challenge sentence: The
defendant waives the defendant’s rights, conferred by 28 U.S.C. § 1291 and 18 U.S.C.

§ 3742, to appeal the conviction, sentence, fine and order of restitution or forfeiture in an
amount to be determined by the Court. The defendant further waives the defendant’s
right to contest the conviction, sentence, fine and order of restitution or forfeiture in any

collateral proceeding, including proceedings under 28 U.S.C. § 2241 and 28 U.S.C.

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§ 2255. The defendant, however, reserves the rights (a) to bring a direct appeal of (i) a
sentence exceeding the statutory maximum punishment, or (ii) an arithmetic error at
sentencing, (b) to challenge the voluntariness of the defendant’s plea of guilty or this
waiver, and (c) to bring a claim of ineffective assistance of counsel.

14. Representation of counsel: The defendant has thoroughly reviewed all
legal and factual aspects of this case with the defendant’s attorney and is fully satisfied
with that attorney’s legal representation. The defendant has received from the
defendant’s attorney explanations satisfactory to the defendant concerning each
paragraph of this plea agreement, each of the defendant’s rights affected by this
agreement, and the alternatives available to the defendant other than entering into this
agreement. Because the defendant concedes that the defendant is guilty, and after
conferring with the defendant’s attorney, the defendant has concluded that it is in the
defendant’s best interest to enter into this plea agreement and all its terms, rather than to
proceed to trial in this case.

15. Entirety of agreement: This document, including any Supplement filed
contemporaneously, is a complete statement of the parties’ agreement and may not be
modified unless the modification is in writing and signed by all parties. This agreement
supersedes any and all other promises, representations, understandings, and agreements
that are or were made between the parties at any time before the guilty plea is entered in
court. No promises or representations have been made by the United States except as set

forth in writing in this plea agreement.

Plea Agreement—Page 7
Case 3:23-cr-00252-K Document 177

Filed 11/04/24. Page8of9 PagelD 489

AGREED TO AND SIGNED this 4 day of n) OVeMbey _, 2024.

MYRIA BOEHM
Section Chief

AAA

LEIGHA SIMONTON
UNITED STATES ATTORNEY

P. NIEDERMAIR
AstCtant United States Attorney
Texas Bar No. 24116828
1100 Commerce Street, Third Floor
Dallas, Texas 75242-1699
Tel: 214-659-8600
Fax: 214-659-8809
Email: ryan.niedermair@usdoj.gov

I have read or had read to me this plea agreement and have carefully reviewed
every part of it with my attorneys. I fully understand it and voluntarily agree to it.

14/1/2024

WAJAHAT KHAN
Defendant

Date

I am the defendant’s attorney. I have carefully reviewed every part of this plea
agreement with the defendant. To my knowledge and belief, my client’s decision to enter
into this plea agreement is an informed and voluntary one.

11/1/2024

SUZY VAREGAS
Attorney for Defendant

Plea Agreement—Page 8

Date
Case 3:23-cr-00252-K Document177 Filed 11/04/24 Page9of9 PagelD 490

EXHIBIT A
Victim Loan Number
U.S. Small Business Administration 4683297203
U.S. Small Business Administration 4008408409
U.S. Small Business Administration 5243578201
U.S. Small Business Administration 4331308305

Plea Agreement—Page 9


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