Plea Agreement — United States v. Joseph Marsell Cartlidge (Dkt. 78, August 8, 2021)

Summary

Plea Agreement in United States v. Joseph Marsell Cartlidge, No. 1:20CR340-2, in the U.S. District Court for the Middle District of North Carolina, Document 78, filed August 8, 2021. The defendant will plead guilty to Count One of the Second Superseding Indictment, described as attempt and conspiracy to commit fraud under Title 18, United States Code, Section 1349, with a stated maximum fine of $250,000. The United States will not oppose a motion to dismiss the remaining counts, and the parties agree to offense characteristics based on a loss amount of more than $1,500,000 and less than $3,500,000 and on sophisticated means. The defendant waives collateral attack and direct appeal except as listed; the document names Sandra J Hairston, Acting United States Attorney, and attorney Bruce Alan Lee.

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               IN THE UNITED STATES DISTRICT COLIRT

           FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


UNITED STATES OF AMERICA                       1:2OCR340-2




JOSEPH MARSELL CARTLIDGE                       PLEAAGREEMENT


      NOW COME the United States of America, by and through Sandra J

Hairston, Acting United States Attorney for the Middle District of North

Carolina, Joseph Beemsterboer, Acting Chief, Criminal Division, Fraud

Section. and the defendant, JOSEPH MARSELL CARTLIDGE, in his own

person and through his attorney, Bruce Alan Lee, and state as follows:

      1.    The defendant, JOSEPH MARSELL CARTLIDGE, is presently

under Second Superseding Indictment rn case number 1:20CR340-2, which rn

Count One charges him with a violation of Title 18, United States Code, Section

1349, attempt and conspiracy to commit fraud; which in Counts Three and

Four charge him with violatrons of Title 18, United States Code, Sections 1343

and 2, wire fraud; and which in Count Twelve charges him with a violation of

Title 18, United States Code, Sections 1344(2) and 2, bank fraud.

      2.    The defendant. JOSEPH MARSELL CARTLIDGE. wiII enter a

voluntary plea of guilty to Count One of the Second Superseding Indictment

herein. The nature ofthis charge and the elements ofthis charge, which must




      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 1 of 10
be proved by the United States beyond a reasonable doubt before the defendant

can be found guilty thereof, have been explained to him by his attorney.

             a.   The defendant, JOSEPH MARSELL CARTLIDGE,
understands that the maximum term of imprisonment provided by law for

Count One of the Second Superseding Indictment herein is not more than

twenty years, and the maximum fine for Count One of the Second Superseding

Indictment herein is $250,000. If any person derived pecuniary gain from the

offense, or if the offense resulted in pecuniary loss to a person other than the

defendant, JOSEPH MARSELL CARTLIDGE, the defendant may, in the

alternative, be fined not more than the greater of twice the gross gain or twice

the gross loss unless the Court determines that imposition of a fine in this

manner would unduly complicate or prolong the sentencing process. The fine

provisions are subject to the provisions of Title 18, United States Code, Section

3571, entitled Sentence of Fine.

             b.   The defendant, JOSEPH MARSELL CARTLIDGE, also
understands that as to Count One of the Second Superseding Indictment

herein, the Court may include as a part of the sentence a requirement that the

defendant be placed on a term of supervised release of not more than three

years after imprisonment, pursuant to Title 18, United States Code, Section

3583.


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        Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 2 of 10
            c.     The defendant, JOSEPH MARSELL CARTLIDGE,
understands that the Court shall order, in addition to any other penalty

authorized by law, that the defendant make restitution to any victim of the

offense to which he is pleading guilty, pursuant to Title 18, United States Code,

Section 3663A(a)(1). The defendant, JOSEPH MARSELL CARTLIDGE,

further agrees to pay restitution, as determined by the Court, to any victims

harmed by defendant's relevant conduct, as defined by U.S.S.G. $ 181.3.

            d.     The defendant, JOSEPH MARSELL CARTLIDGE, further

understands that the sentence to be imposed upon him is within the discretion

ofthe sentencing Court subject to the statutory maximum penalties set forth

above. The sentencing Court is not bound by the sentencing range prescribed

by the United States Sentencing Guidelines. Nevertheless, the sentencing

Court is required to consult the Guidelines and take them into account when

sentencing. In so doing, the sentencing Court will first calculate, after

making the appropriate findings offact, the sentencing range prescribed by the

Guidelines, and then will consider that range as well as other relevant factors

set forth in the Guidelines and those factors set forth in Title 18, United States

Code, Section 3553(a) before imposing the sentence.

            e.    The defendant, JOSEPH MARSELL CARTLIDGE,
understands that if he is not a citizen ofthe United States that entering a plea

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      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 3 of 10
of guilty may have adverse consequences with respect to his immigration

status. The defendant, JOSEPH MARSELL CARTLIDGE, nevertheless
wishes to enter a voluntary plea of guilty regardless of any immigration

consequences his guilty plea might entail, even if such consequence might

include automatic removal and possibly permanent exclusion from the united

States. The defendant, JOSEPH MARSELL CARTLIDGE, further
understands that in the event he is a naturalized cttizen, entering a plea of

guilty may result in denaturalization proceedings being instituted against him

lead.ing to his removal and possible permanent exclusion from the United

States.

      3.    By voluntarily pleading guilty to Count One of the Second
Superseding Indictment herein, the defendant, JOSEPH MARSELL

CARTLIDGE, knowingly waives and gives up his constitutional rights to plead

not guilty, to compel the United States to prove his guilt beyond a reasonable

doubt, not to be compelled to incriminate himself, to confront and cross-

examine the witnesses against him, to have a jury or judge determine his guilt

on the evidence presented, and other constitutional rights which attend a

defendant on trial in a criminal case.




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      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 4 of 10
      4.    The defendant, JOSEPH MARSELL CARTLIDGE, is going to

plead guilty to count one of the second superseding Indictment herein

because he is, in fact, guilty and not because ofany threats or promises.

      5.    The extent ofthe plea bargaining in this case is as follows:

            a.    Upon the acceptance by the Court of a guilty plea by the

defendant, JOSEPH MARSELL CARTLIDGE, to Count One of the Second

Superseding Indictment herein, the United States of America will not oppose

a motion to dismiss the remaining counts of the Second Superseding
Indictment, as to the defendant, JOSEPH MARSELL CARTLIDGE. This

portion of the Plea Agreement is made pursuant to Rule 11(c)(1)(A) of the

Federal Rules of Criminal Procedure.

            b.    It is understood that if the Court determines at the time of
sentencing that the defendant, JOSEPH MARSELL CARTLIDGE, qualifies for

a 2-level decrease in the offense level under Section 3E1.1(a) of the Sentencing

Guidelines and that the offense level prior to the operation of Section 3E1.1(a)

is 16 or greater, then the United States will recommend a decrease in the
offense level by 1 additional Ievel pursuant to Section 3E1.1(b) of the

Sentencing Guidelines. This portion of the PIea Agreement is made pursuant

to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure.




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      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 5 of 10
            c.    The United States and the defendant, JOSEPH MARSELL

CARTLIDGE, agree that the following specifrc offense characteristics under

Chapter 281.1 of the Sentencing Guidelines apply:

                  i.     A sixteen-Ievel enhancement, pursuant to U.S.S.G.
      $ 2B1.1(b)(1XI), because the loss amount was more than $1,500,000
                                                                             and

      less than $3,500,000.

                  ii.    A two'Ievel enhancement, pursuant to U'S.S.G.
      $ 2B1.1(b)(10), because the offense involved the use of sophisticated

      means and the defendant intentionally engaged in or caused the conduct

      constituting sophisticated means.

This portion of the Plea Agreement is made pursuant to Rule 11(c)(1XB) of the

Federal Rules of Criminal Procedure.

            d.    The defendant, JOSEPH MARSELL CARTLIDGE, herebv

abandons interest in. and consents to the official use, destruction, or other

disposition of each item seized and/or maintained by any law enforcement

agency during the course of the investigation, unless such item is specifically

provided for in another section of this plea agreement. The defendant,

JOSEPH MARSELL CARTLIDGE, waives any and all notice of any proceeding

to implement the official use, destruction, or other disposition of such items.




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      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 6 of 10
            e.      The defendant, JOSEPH MARSELL CARTLIDGE, waives

alt rights, whether asserted directly or through a representative, to request or

receive from any department or agency of the United States any record

pertaining to the investigation or prosecution ofthis case under the authority

of the Freedom of Information Act, 5 U.S.C. $ 552, or the Privacy Act of 1974,

5 U.S.C. $ 552a, and all subsequent amendments thereto.

            f.      RuIe 11(0 of the Federal Rules of Criminal Procedure and

Rule 410 of the Federal Rules of Evidence ordinarily limit the admissibility of

statements made by a defendant during the course of plea proceedings. The

defendant, JOSEPH MARSELL CARTLIDGE, knowinglv and voluntarilv

waives the protections of these rules as it relates to plea proceedings. If the

defendant, JOSEPH MARSELL CARTLIDGE, pleads guiltv and later seeks to

withdraw such guilty plea (or seeks to directly appeal or collaterally attack

such conviction), any statement made at the plea proceedings in connection

with such plea, and any leads derived therefrom, shall be admissible for any

and aII purposes.

            C.      The defendant, JOSEPH MARSELL CARTLIDGE, entirelv

waives his right to collaterally attack his conviction and sentence on any

ground and by any method, including but not limited to a 28 U.S.C. $ 2255

motion. The only exceptions are that the defendant, JOSEPH MARSELL

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      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 7 of 10
CARTLIDGE, may collaterally attack his conviction and sentence if: (1) the

court enters a sentence above the statutory maximum; (2) the court enters a

sentence based on an unconstitutional factor, such as race, religion, national

origin, or gender; (3) the claim is based on ineffective assistance of counsel; or

(4) the claim is based on prosecutorial misconduct not known to the defendant

at the time of his guilty plea.

            h.     The defendant, JOSEPH MARSELL CARTLIDGE, entirelv

waives his right to a direct appeal ofhis conviction and sentence on any ground

(including any argument that the statute to which the defendant is pleading

guilty is unconstitutional or that the admitted conduct does not fall within the

scope of the statute). The only exceptions are that the defendant, JOSEPH

MARSELL CARTLIDGE, may file a direct appeal of his sentence if (1) the court

enters a sentence above the statutory maximum, (2) the court enters a sentence

based on an unconstitutional factor, such as race, religion, national origin, or

gender; or (3) the government appeals the sentence.

      6.    The defendant, JOSEPH MARSELL CARTLIDGE, agrees that

pursuant to Title 18, United States Code, Section 3613, all monetary penalties,

including restitution imposed by the Court, shall be due immediately upon

judgment and subject to immediate enforcement by the United States. The

defendant agrees that if the Court imposes a schedule of payments, the

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       Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 8 of 10
schedule of payments shall be merely a schedule of minimum payments and

shall not be a limitation on the methods available to the United States to

enforce the judgment.

      7.      The defendant, JOSEPH MARSELL CARTLIDGE, agrees that his

debt resulting from the criminal monetary penalties due under the criminal

judgment will be submitted to the Treasury Offset Program even if he is

current in his payments under any Court imposed payment schedule.

     8.       It is further understood that the United States and the defendant,

JOSEPH MARSELL CARTLIDGE, reserve the right to bring to the Court's

attention any facts deemed relevant for purposes of sentencing.

     9.       The defendant, JOSEPH MARSELL CARTLIDGE, further
understands and agrees that pursuant to Title 18, United States Code, Section

3013, for any offense committed on or after October 11, 1996, the defendant

shall pay an assessment to the Court of $100 for each offense to which he is

pleading guilty. This payment shall be made at the time of sentencing by cash

or money order made payable to the Clerk of the United States District Court.

If the defendant is indigent and cannot make the special assessment payment
at the time of sentencing, then the defendant agrees to participate in the
Inmate Financial Responsibility Program for purposes ofpaying such special

assessment.

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      Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 9 of 10
      10. No agreements. representations, or understandings have been
made between the parties in this case other than those which are explicitly set

forth in this Plea Agreement, and none will be entered into unless executed in

writing and signed by all the parties.

      This the   3l* a"v of 5J<' \ ZOZr.


SANDRA J. HAIRSTON                            BRUCE AI,AN LEE
Acting United States Attorney                 Attorney for Defendant




N{    DITH C. RUGG                              SEPH MARSELL CARTLIDGE
D    # 1020537                                  fendant
Assistant United States Attorney

      l0l S. Edgeworth St., 4th Floor
      Greensboro, NC 27401
      336/333-5351

JOSEPH BEEMSTEBBOEB
Acting Chie( Fraud Section
United States Department of Justice - Criminal Division




  SSEE ALEXANDER.           EPPNER
NYSB #4871406
TriaI Attorney


/S/CTB
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     Case 1:20-cr-00340-WO Document 78 Filed 08/08/21 Page 10 of 10


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