Plea Agreement — United States v. Elie Floradin (S.D. Fla.)

Summary

A plea agreement in United States v. Elie Floradin, Case No. 22-20361-CR-MARTINEZ/BECERRA, in the U.S. District Court for the Southern District of Florida, entered on the docket February 22, 2023 as Document 28. The defendant agrees to plead guilty to Count 1 of the indictment, wire fraud, and the government agrees to seek dismissal of Counts 2 and 3 after sentencing. The agreement states that the parties have agreed on restitution of $199,999 and that they will jointly recommend a loss of $799,997 under the Sentencing Guidelines, resulting in a 14-level increase. The defendant agrees to a forfeiture money judgment of $199,999 and to forfeiture of substitute property, and waives appeal of the sentence except in stated circumstances. The signature block names Eduardo Gardea, Jr. for the United States Attorney and David Tarras as attorney for the defendant.

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Cite this document

“Plea Agreement — United States v. Elie Floradin (S.D. Fla.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-20361-dkt-28-s-d-fla-093e5054d2/, SHA-256 27b7cd9ce12fd60d5cca59f7d94552f2c2a21695f161e9ed637b2747de4ce451.

Full text

Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 1 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-20361-CR-MARTINEZ/BECERRA

UNITED STATES OF AMERICA

vs.

ELIE FLORADIN,

Defendant.
- - -- - - - - - - -- - - I
PLEA AGREEMENT

The United States Attorney's Offic e fo r the Southern District of Florida ("thi s Office") and

ELIE FLORADIN (the "Defendant") enter into the fo llowing agreement:

1. The Defendant -agrees to plead guilty to Count 1 of the Indictment, which charges

the Defend ant with Wire Fraud, in violation of 18 U.S.C. § I 343.

2. The Office agrees to seek the dismissal of Counts 2 and 3 of the Indictment, after

sentencing.

3. The Defendant is aware that the sentence will be imposed by the Co urt after

considering the advisory Federal Sentencing Gui delines and Policy Statements (hereinafter

" Sentencing Guidelines"). The Defendant acknowledges and understands that the Co urt will

compute an advisory sentence under the Sentencing Guidelines and that the applicable gu idelines

will be determined by the Court relying in part on the results of a pre-sentence investigation by the

Court' s probation office, whi ch investigati on will commence after the guilty plea has been entered.

The Defendant is also aware that, under certain circum stances, the Court may depait from the

advisory sentencing guideline range that it has computed, and may raise or lower that advisory

sentence under the Sentencing Guidelines. The Defendai1t is further aware and understands that
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 2 of 8

the Comi is required to consider the advisory guideline range determined under the Sentencing

Guidelines, but 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 authorized by law for the offense identified in

paragraph 1 and that the Defendant may not withdraw the plea solely as a result of the sentence

imposed.

4. The Defendant also understands and acknowledges that, as to Count 1, the Court

may impose a statutory maximum term of imprisonment of up to twenty (20) years, followed by a

term of supervised release of up to three (3) years. In addition to a term of imprisonment and

supervised release, the Comt may impose a fine of up to $250,000 or twice the gross gain or gross

loss resulting from the offense, and may order forfeiture and must order restitution. The paiiies

have agreed that the restitution amount applicable to this Defendant is $199,999.

5. The Defendant further understands and acknowledges that, in addition to ai1y

sentence imposed under paragraph 4 of this agreement, a special assessment in the amount of $100

wi ll be imposed on the Defendant. The Defendant agrees that any special assessment imposed

shall be paid at the time of sentencing. If financially unable to pay the special assessment, the

Defendant agrees to present evidence to thi s Office and the Court at the time of sentencing as to

the reasons for the Defendant' s failme to pay.

6. 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 co ncerning the Defendant and the Defendant's

2
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 3 of 8

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.

7. This Office agrees that it will recommend at sentencing that the Court reduce by

two levels the sentencing guidelines level applicable to the Defendant's offense, pursuant to

Section 3El .1 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 3E 1.1 (b) of the Sentencing Guidelines, stating

that the 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 preparing for trial and permitting the

government and the Court to allocate their resources efficiently. However, this Office 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 the probation office of the circumstances

sunounding the relevant offense conduct; (2) is found to have misrepresented facts to the

govermnent prior to entering into this plea agreement; or (3) commits any misconduct after

entering into this plea agreement, including but not limited to cormnitting a state or federal offense,

violating any term of release, or making fa lse statements or misrepresentations to any

govermnental entity or official.

8. This Office and the Defendant agree that, although not binding on the probation

office or the Court, they will jointly recommend that the Court make the foll owing findings as to

the sentence to be imposed:

3
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 4 of 8

a. Loss: That the relevant amount of actual , probable, or intended loss under

Section 2B 1.1(b)( 1) of the Sentencing Guidelines resulting from the offense committed in

thi s case is $799,997 (i.e ., greater than $550,000 and less than $ 1,5 00,000), resulting in a

14-level increase;

b. Additional Enhancements, Adjustments, and Variances: The parties remain

free to argue for or against any other enhancements or adjustments, as well as to argue for

or against any variance under 18 U.S.C . § 3553.

9. 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 attorneys, this

Office, or the probation office, is a prediction, not a promise, and is not binding on this Office, the

probation office, or the Court. The Defendant understands fu1iher that any recommendation that

this Office makes to the Court as to sentencing, whether pursuant to thi s agreement or otherwise,

is not binding on the Court, and the Court may disregard the recommendation in its enti rety. The

Defendant understands and acknowledges, as previously acknowledged in paragraph 3 above, that

the Defendant may not withdraw his plea based upon the Court's decision not to accept a

sentencing recommendation made by the Defendant, this Office, or a recommendation made

jointly by the Defendant and this Office.

I 0. The Defendant agrees, in an individ ual and any other capacity, to forfe it to the

United States, voluntarily and immediately, any property, real or personal, which constitutes or is

derived from proceeds traceable to the offense, in violation of 18 U.S.C. § 1343 , pursuant to 18

U.S.C. § 98 l (a)(l)(C). In addition, the Defendant agrees to forfe iture of substitute property

pursuant to 21 U.S.C . § 853(p). The property subject to fo rfe iture includes, but is not limited to:

4
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 5 of 8

a. A forfeiture money judgment in the sum of $199,999 in U. S. currency,

which sum represents the value of the property that constitutes or is derived from proceeds

traceable to the defend ant' s commission of the offense; and

b. Substitute property, includ ing, but not limited to, the real property located

at 1290 NW 60 Street, Miami , Florida 33142.

11 . The Defendant further agrees that forfe iture is independent of any assessment, fine,

cost, restitution, or penalty that may be imposed by the Comt. The Defendant knowingly and

voluntarily agrees to waive all constitutional, legal, and equitable defenses to the fo rfe iture,

including excessive fines under the Eighth Amendment to the United States Constitution . In

addition, the Defendant agrees to waive: any applicable time limits for administrative or judicial

fo rfeiture proceedings, the requirements of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the

fo rfe iture.

12. The Defend ant also agrees to fu lly and truthfully di sclose 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 of conviction. The Defendant agrees to take all

steps requested by the United States for the recovery and forfe iture of all assets identified by the

United States as subj ect to fo rfe iture. Thi s 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 fo rfe iture, and not contesting or impeding in any way with any criminal,

civil or administrative forfeiture proceeding concerning the forfeiture.

13 . In furtherance of the sati sfaction of a forfeiture money judgment entered by the

Court in this case, the defendant agrees to the foll owing:

5
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 6 of 8

a. Submit a financial statement to this Office upon reg uest, within 14 calendar

days from the request;

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 excess of

$ 10,000 since the commencement of the offense conduct in this case to date;

d. Cooperate full y 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 info rmation about

asse ts, concealing assets, making materi ally false statements or representati ons, or making or

using false writings or documents pertaining to assets, taking any action that would impede the

fo rfe iture of assets, or fa iling to cooperate full y in the investigation and identification of assets

may be used as a basis for: (i) separate prosec ution, including, under 18 U.S.C. § I 00 1; or (ii)

recommendation of a denial of a reducti on for acceptance of responsibility pursuant to the

United States Sentencing Guidelines § 3E l .1.

14. The Defendant is aware that 18 U.S .C. § 3742 and 28 U. S. C. § 1291 afford the

Defendant the right to appeal the sentence imposed in thi s case. Acknowledging this, in exchange

for the undertaki ngs made by the United States in thi s plea agreement, the Defend ant hereby

6
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 7 of 8

wai ves all rights confe1Ted by Sections 3742 and 129 1 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/or

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 governn1ent' s

right and/or duty to appeal as set forth in 18 U.S .C. § 3742(b) and 28 U.S.C. § 1291. However,

if the United States appeals the Defe ndant' s sentence pursuant to Sections 3742(b) and 1291 , the

Defendant shall be released from the above waiver of appellate rights. By signing this agreement,

the Defendant acknowledges that the Defendant has discussed the appeal wai ver set fo rth in this

agreement with the Defendant' s attorneys. The Defendant further agrees, together with this

Office, to request that the Comi enter a specific finding that the Defendant' s waiver of his right to

appeal the sentence imposed in this case was knowing and voluntary.

15 . The Defendant recognizes that pleading guilty may have consequences with respect

to the Defendant's immigration status if the Defendant is not a natural-born citizen of the United

States. Under federal law, a broad range of crimes are removable offenses, including the offe nse

to which the Defendant is pleading guilty. In addition, under certain circumstances,

denaturalization may also be a consequence of pleading guilty to a crime. Removal,

denaturalization, and other immigration consequences are the subj ect of a separate proceeding,

however, and the Defendant understands that no one, including the Defendant's attorneys or the

Court, can predict to a certainty the effect of the Defendant' s conviction on the Defendant's

immigration status. Defendant nevertheless affirm s that the Defendant wants to plead guilty

regardless of any immigration consequences that the Defendant' s plea may entail, even if the

consequence is the Defendant's denaturalization and automatic removal from the United States.

7
Case 1:22-cr-20361-JEM Document 28 Entered on FLSD Docket 02/22/2023 Page 8 of 8

16. This is the entire agreement and understanding between this Office and the

Defendant. There are no other agreements, promises, representations, or understandings.

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

Date: By:
EDUARDO GARDEA, JR.
ASSIST ANT UNITED STA TES ATTORNEY

Date: By:
~0w
~J
ATTORNEY FOR DEFENDA T

~
DAVID TARRAS, ESQ.
ATTORNEY FOR DEFENDANT

Date: By:
EL~Jnf/o~~
DEFENDANT

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