Plea Agreement — United States v. Conrad Brandon Bernard (S.D. Fla., Dkt. 36)
Summary
Plea Agreement entered on the docket November 15, 2024 as Document 36 in United States of America v. Conrad Brandon Bernard, Case No. 24-60168-CR-DIMITROULEAS/HUNT (0:24-cr-60168-WPD), in the U.S. District Court for the Southern District of Florida. The Defendant agrees to plead guilty to Counts 1, 6, 7, and 8 of the Superseding Information: Bank Fraud under Title 18, United States Code, Section 1344 (Counts 1 and 6), Possession of Fifteen or More Unauthorized Access Devices under Section 1029(a)(3) (Count 7) and Aggravated Identity Theft under Section 1028A(a)(1) (Count 8). The U.S. Attorney's Office agrees to move to dismiss Counts 2 through 5 and 9 after sentencing. The agreement states that the Defendant will be ordered to pay at least $1,083,340.00 in restitution and a $400.00 special assessment, and provides for forfeiture including a money judgment of $1,083,340.
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Cite this document
“Plea Agreement — United States v. Conrad Brandon Bernard (S.D. Fla., Dkt. 36).”
Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-0-24-cr-60168-dkt-36-s-d-fla-95ac4f8329/
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Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 1 of 15
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-60168-CR-DIMITROULEAS/HUNT
UNITED STATES OF AMERICA
Plaintiff,
vs.
CONRAD BRANDON BERNARD,
Defendant.
----------------~/
PLEA AGREEMENT
The United States Attorney's Office for the Southern District of Florida ("this
Office") and CONRAD BRANDON BERNARD (hereinafter referred to as the
"Defendant") enter into the following agreement:
1. The Defendant agrees to plead guilty to Counts 1, 6, 7, and 8· of the
Superseding Information. Counts 1 and 6 charge the Defendant with Bank Fraud,
violation of Title 18, United States Code, Section 1344 (1) and (1). Count 7 charges
the Defendant with Possession of Fifteen or More Unauthorized Access Devices, in
violation of Title 18, Uniteci:_'States Code, Section 1029(a)(3). Count 8 charges the
~- Defendant with Aggravated Identity Theft, in violation of Title 18, United States
Code, Section 1028A(a)(l).
Page 1 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 2 of 15
2. In exchange for the Defendant's agreement to plead guilty to Counts 1,
6, 7, and 8 of the Superseding Information, this Office agrees to move to dismiss
Counts 2 through 5 and 9 of the Superseding Information after sentencing.
3. The Defendant i~ aware that the sentence will be imposed by the Court
after considering the advisory Federal Sentencing Guidelines and Policy Statements
(hereinafter "Sentencing Guidelines"). The Defendant acknowledges and
understands that the Court will compute an advisory sentence under the Sentencing
Guidelines and that the applicable guidelines will be determined by the Court relying
in part on the results of a pre-sentence investigation by the Court's probation office,
which investigation will commynce after the guilty plea has been entered. The
Defendant is also aware that, under certain circumstances, the Court may depart
from the advisory sentencing gtJ.ideline range that it has computed and may raise or
lower that advisory sentence under the Sentencing Guidelines. The Defendant is
further aware and understands that the Court is required to consider the advisory
guideline range determined under the Sentencing Guidelines, but it is not bound to
impose a sentence within that advisory range; the Court is permitted to tailor the
ultimate sentence in light of other statutory concerns, and such sentence may be
either more severe or less severe than the Sentencing Guidelines' advisory range.
Knowing these facts, the Defendant understands and acknowledges that the Court
has the authority to impose any sentence within and up to the statutory maximum
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Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 3 of 15
authorized by law for the offense identified in paragraph 1 and that ~he Defendant
may not withdraw the plea solely as a result of the sentence imposed.
4. The Defendant understands and acknowledges that, as to Co\lnts 1 and
6, the maximum sentence is thirty (30) years' imprisonment followed by a term of up
to five (5) years of supervised release and a maximum fine of $1,000,000.00. The
Defendant also understands and acknowledges that, as to Count 7, the maximum
sentence is ten (10) years' imprisonment followed by a term of up to three (3) year of
supervised release and a maximum fine of $250,000.00. The Defendant also
understands and acknowledges that, as to Count 8, the Court must impose a
minimum term of two (2) years' imprisonment, which must run consecutive to any
other sentence imposed in this case and followed by up to one (1) year of supervised
release and a maximum fine of $250,000.00. In addition to a term of imprisonment
and supervised release, the Court must order forfeiture.
5. The Defendant further understands and acknowledges that he will be
ordered to pay at least $1,083,340.00 in restitution. The Defendant also understands
and acknowledges that he may be ordered to pay a greater amount of :restitution if
the Court determines the amount of restit4.tion is more than $1,083,340.00.
6. The Defendantfurther und-erstands and acknowledges that, in addition
to any sentence imposed, a special assessment in the amount of $400.00 will be
imposed on the Defendant. The Defendant agrees that any special assessment
imposed shall be paid at the time of sentencing. If a Defendant is financially unable
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Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 4 of 15
to pay the special assessment, the Defendant agrees to present _evidence to this Office
and the Court at the time of sentencing as to the reasons for the Defendant's failure
to pay.
7. This Office and the Defendant agree that, although not binding on the
probation office or the Court, they will jointly rec_ommend that the Court make the
following findings and conclusions as to the guideline calculation:
a. Base Offense Level: This Office and the Defendant agree that the base
offense level is 7 pursuant to Sentencing Guideline Section 2Bl.l(a)(l);
b. Loss Amount: This Office and the Defendant agree that the actual loss
is more than $1,500,000 but less than $3,500,000 -resulting in an
increase of sixteen (16) offense levels pursuant to Sentencing Guideline
Section 2Bl.l(b)(l);
c. Number of Victims: This Office and the Defendant agree that the
offense involved ten (10) or more victims resulting in an increase of two
(2) offense levels pursuant to Sentencing Guideline Section
2Bl.l(b)(2)(A); and
d. Unauthorized Access or Counterfeit Access Devices: This Office and
the Defendant agree that the offense involves the possession or use of
device-making equipment and the production or trafficking of any
una~thorized access device or counterfeit access device resulting in an
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Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 5 of 15
increase of two (2) offense levels pursuant to Sentencing Guideline
Section 2Bl.l(b)(ll).
8. The Defendant waives any challenge to venue in the Southern District
of Florida.
9. This Office reserves the right to inform the Court and the probation
office of all facts pertinent to the sentencing process, including all relevant
information concerning the offenses committed, whether charged or not, as well as
concerning the Defendant and the Defendant's background. Subject only to the
express terms of any agreed-upon sentencing recommendations contained in this
agreement, this Office further reserves the right to make any recommendation as to
the quality and quantity of punishment.
10. This Office agrees that it will recommend at sentencing that the Court
reduce by two levels the sentencing guideline level applicable to the Defendant's
offense, pursuant to Section 3El.l(a) of the Sentencing Guidelines, based upon the
Defendant's recognition and affirmative and timely acceptance of personal
responsibility. If at the time of sentencing the Defendant's offense level is determined
. .
to be 16 or greater, this Office will file a motion requesting an additional one level
decrease pursuant to Section 3El.l(b) of the Sentencing Guidelines, stating that the
I
Defendant has assisted authorities in the investigation or prosecution of the
Defendant's own misconduct by timely notifying authorities of the Defendant's
intention to enter a plea of guilty, thereby permitting the government to avoid
Page 5 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 6 of 15
preparing for trial and permitting the government and the Court to allocate their
'
resources efficiently. This Office, however, will not be required to make this motion
and this recommendation if the Defendant: (1) fails or refuses to make a full, accurate
and complete disclosure to theJ probation office of the circumstances surroundirig the
relevant offense conduct; (2) is found to have misrepresented facts to the government
prior to entering into this plea agreement; or (3) commits any misconduct after
entering into this plea agreement, including but not limited to committing a state or
federal offense, violating any term of release,. or making false statements or
misrepresentations to any governmental entity or official.
11. The Defendant is aware that the sentence has not yet been determined
by the Court. The Defendant also is aware that any estimate of the probable
sentencing range or sentence that the Defendant may receive, whether that estimate
comes from the Defendant's attorney, this Office, or the probation office, is a
prediction, not a promise, and is not binding on this Office, the probation office or the
I .
Court. The Defendant understands further that any recommendation that this Office
makes to the Court as to sentencing, whether pursuant to this agreement or
otherwise, is not binding on the Court and the Court may disregard the
recommendation in its entirety. The Defendant understands and acknowl~dges that
the Defendant may not withdraw his plea ~ased upon the Court's decision not to
accept a sentencing recommendation made by the Defendant, this Office, or a
recommend~tion made jointly by the Defendant and this Office.
,
Page 6 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 7 of 15
12. 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,
including the offenses to which Defendant is pleading guilty. Removal and other
immigration consequences are the subject of a separate proceeding, however, and
Defendant understands that no one, including the Defendant's attorney or the Court,
can preilict to a certainty the effect of the Defendant's conviction on the Defendant's
immigration status. Defendant nevertheless affirms that the Defendant wants to
I
plead guilty regardless of any immigration consequences that. the Defendant's plea
may entail, even if the consequence is the Defendant's automatic removal frbm the
United States.
13. The defendant agrees, in an individual and any other capacity, to forfeit
to the United States, voluntarily and immediately, any right, title, and interest to: .
a. any property, constituting, or derived from, proceeds the defendant
obtained directly or indirectly, as a result of qffenses and fraud scheme
in violation of 18 U.S.C. § 1344, pursuant to 18 U.S.C. § 982(a)(2)(A) and
the provisions of 21 U.S.C. § 853; and
b. any personal property used or intended to be used in the commission of
the offenses in violation of 18 U.S.C. § 1029, pursuant to 18 U.S.C. §
1029(c)(l)(C), and any property constituting, or derived from, proceeds
the defendant obtained directly or indirectly, as a result of such
Page 7 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 8 of 15
violations, pursuant to 18 U.S.C. § 982(a)(2)(B) and the provisions of 21
U.S.C. § 853.
In addition, the defendant agrees to forfeiture of substitute property pursuant to 21
U.S.C. § 853(p). The property subject to forfeiture includes, but is not limited to:
a. a forfeiture money judgment in the sum of $1,083,340 in United States
currency, which sum represents the value of any property that
constitutes of is derived from proceeds obtained directly or indirectly as
a result of the defendant's commission of the entire fraud scheme and
offenses;
b. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, stored in, accessible via, and/or on deposit in Robinhood
Markets, Inc. account number 895707297, held in the name of S.H.;
c. All'assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 963802624, held in the name
\ of A.F., approximately $69,535.12 of which is currently held by the State
of Michigan under property identification number 3083441850;
d. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 733596985, held in the name
of J.K., approximately $40,579.71 of which is currently held by the State
of Michigan under property identification number 30834359;
e. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 612984559, held in the name
of A.G., approximately $155,391.29 of which is currently held by the
State of Michigan under property identification number 30814411;
f. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 566568309, held in the name
of C.G., approximately $98,357.99 of which is currently held by the State
of Michigan under property identification number 30850593;
Page 8 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 9 of 15
g. All assets, including any funds, securities, and cryptocurrencies or: ·other
digital assets, stored in, accessible via, and/or on deposit in Robinhood
Markets, Inc. account number 430883090, held in the name of C.R.;
h. All as§lets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 881031496, held in the name
of K.L., approximately $70,295.37 of which is currently held by the State
of Michigan under property identification number 30833469;
1. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, stored in, accessible via, and/or on deposit in Robinhood
Markets; Inc. account number 706188737, held in the name of G.R.;
,
J. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 616320958, held in the name
of M.M., approximately $87,499.72 of which is currently held by the
1
State of Florida;
k. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, stored in, accessible via, and/or on deposit in Robinhood
Markets, Inc. account number 7695457 40, held in the name of R.B.;
1. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 712854165, held in the name
of S.A., appro~mately $65,667.08 of which is currently held by the State
of Michigan under property identification number 30823008;
m. All assets, including any funds, securities, and cryptocurrencies or other
digital assets, formerly stored in, accessible via, and/or on deposit in
Robinhood Markets, Inc. account number 440859379, held in the name
ofB.P.;
n. All funds formerly on deposit in Wells Fargo Bank NA account number
3313637625, h~ld in the name of T.H.; and
o. All funds formerly on deposit in Wells Fargo Bank NA account number
7171407062, held in the name of T.T.
Page 9 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 10 of 15
14. The defendant further agrees that forfeiture is independent of any
assessment, fine, cost, restitution, or penalty that may be imposed by the CoUit. The
defendant knowingly and voluntarily agrees to waive all constitutional, legal, and
equitable defenses to the forfeiture, including excessive fines under the Eighth
I
Amendment to the United 'States Constitution. In addition, the defendant agrees to
waive: any applicable time limits for administrative or judicial forfeiture proceedings,
the requirements of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the forfeiture.
15. The defendant also agrees to fully and truthfully disclose the existence,
nature and location of all assets in which the defendant has or had any direct or
indirect financial interest or control, and any assets involved in the offense[s] of
conviction. The defendant agrees to take all steps requested 'by the United States
for the recovery and forfeiture of all assets identified by the United States as subject
to forfeiture. This includes, but is not limited to, the timely delivery upon request of
all necessary and appropriate documentation to deliver good and marketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with
any criminal, civil or administrative forfeiture proceeding concerning the forfeiture.
16. In furtherance of the satisfaction of a forfeiture money judgment entered
by the Court in this case, the defendant agrees to the following:
a. :submit a financial statement to this Office upon request, within 14
calendar days from the request;
Page 10 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 11 of 15
b. maintain any asset valued in excess of $10,000, and not sell, hide, waste,
encumber, destroy, or otherwise devalue such asset without prior
approval of the United States;
c. provide information about any transfer' of an asset valued in e}_(cess of
$10,000 since the commencement of the offense conduct in this case to
date;
d. cooperate fully in the investigation and the identification of assets,
including liquidating assets, meeting with representatives of the United
States, and providing any documentation requested; and
\
e. notify, within 30 days, the Clerk of the Court for the Southern District
of Florida and this Office of: (i) any change of name, residence, or mailing
address, and (ii) any material change in economic circumstances.
The defendant further understands that providing false or incomplete information
about assets, concealing assets, making materially false statements or
representations, or making or using false writings or documents pertaining fo assets,
taking any action that would impede the forfeiture of assets, or failing to cooperate
fully in the investigation and identification of assets may be used as a basis for: (i)
I
separate prosecution, including, under 18 U.S.C. § 1001; or (ii) recommendation of a
denial of a reduction for acceptance of responsibility pursuant to the United States
Sentencing Guidelines§ 3El.1.
Page 11 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 12 of 15
17. The Defendant agrees to cooperate fully with this Office by: (a) providing
truthful and complete information and testimony, and producing documents, records
and other evidence, when called upon by this Office, whether in intervifws, before a
grand jury, or at any trial or other Court proceeding; (b) appearing at such grand jury
proceedings, hearings, trials,_ and other judicial proceedings, and at meetings, as may
be required by this Office; and (c) if requested by this Office, working in an
undercover role under the supervision of, and in compliance with, law enforcement
officers and agents. In addition, the Defendant agrees not to protect any person or
• '
entity through false information or omission, to not falsely implicate any person or
entity, and to not commit anyrfurther crimes.
18. This Office reserves the right to evaluate the nature and extent of the
Defendant's cooperation and to make that_cooperation, or lack thereof, known to the
Court at' the time of sentencing. If in the sole and unreviewable judgment of this
Office the Defendant's cooperation~ is of such quality and significance to thy
investigation or prosecution of other criminal matters as to warrant the Court's
downward departure from the advisory sentencing range calculated under the
• Sentencing Guidelines and any applicable minimum mandatory sentence, this Office
'
may make a motion prior to sentencing pursuant to Section 5Kl.l of the Sentencing
Guidelines and Title 18, United States Code, Section 3553(e), or subsequent to·
sentencing pursuant to Rule 35 of the Federal Rules of Criminal Procedure, informing
the Court that the Defendant has provided substantial assistance and rec1ommending
Page 12 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 13 of 15
that the Defendant's sentence be reduced. The Defendant understands and agrees,
however, that nothing in this agreement requires this Office to file any such motions,
and that this Office's assessment of the quality and significance of the Defendap.t's
cooperation shall be binding as it relates to the appropriateness of this Office's filing
or non-filing of a motion to reduce sentence.
19. The Defendant understands and acknowledges that the Court is under
no obligation to grant a motion for reduction of sentence filed by this Office. In
addition, the Defendant further understands and acknowledges that the Court is
J
under no obligation of any type to reduce the Defendant's sentence because of the
Defendant's cooperation.
20. The Defendant is aware that Title 28, United States Code, Section 1291
and Title 18, United States Code, Section 3742 afford the Defendant the right to
\
appeal the sentence imposed in this case. Acknowledging this, in exchange for the
undertakings made by the United States in this plea agreement, the Defendant
hereby waives all rights conferred by Sections 1291 and 3742 to appeal any sentence
imposed, including any restitution order, or to appeal the manner in which the
sentence was imposed, unless the sentence exceeds the maximum permitted by
statute or is the result of an upward departure and an upward variance from the
advisory guideline range that the Court establishes at sentencing. The Defendant
further understands that nothing in this agreement shall affect the government's
right and/or duty to appeal as set forth in Title 18, United States Code, Section
Page 13 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 14 of 15
3742(b) and Title 28, United States Code, Section 1291. However, if the United
, States appeals the Defendant's sentence pursuant to Sections 3742(b) and 1291, the
Defendant shall be released from the above waiver of his right to appeal his sentence.
The Defendant further hereby waives all rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statutes to which the Defendant
is pleading guilty are unconstitutional; and/or (2) the admitted conduct does not fall
within the scope •of the statutes of conviction. By signing this agreement, the
Defendant acknowledges that the Defendant has discussed the appeal waiver set
forth in this agreement with the Defendant's attorney. The Defendant further
agrees, together with this Office, to request that the Court enter a specific finding
that the Defendant's waiver of his right to appeal the sentence imposed in this case
and his right to appeal ~s conviction in the manner described above was knowing
and voluntary.
[SPACE INTENTIONALLY LEFT BLANK]
Page 14 of 15
Case 0:24-cr-60168-WPD Document 36 Entered on FLSD Docket 11/15/2024 Page 15 of 15
21. This is the entire agreement and understanding between this Office and
the Defendant. There are no other agreements, promises, representations, or
understandings.
MARKENZ¥ LAPOINTE
UNITED STATES ~~~~-=:::::;::,
0y
Date: 11/r~ /z 1 By: cfl--
CHAD PIOTROWSKI > s ,-v -i.._
ATTORNEY FOR DEFENDANT
Date:
1·//~-12-~
By: ~
CONRAD BRANDON BERNARD
DEFENDANT
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