Plea Agreement — United States v. Daniel Hernandez (S.D. Fla.)
Summary
A Plea Agreement entered on the docket 12/20/2022 as Document 28 in United States of America v. Daniel Hernandez, Case No. 22-20529-CR-KMM, U.S. District Court, Southern District of Florida, between the United States Attorney's Office for the Southern District of Florida and Daniel Hernandez. The agreement states that the defendant agrees to plead guilty to the sole count of the Information, which charges Conspiracy to Commit Wire Fraud in violation of 18 U.S.C. § 1349. It sets out a statutory maximum term of imprisonment of up to twenty (20) years, a fine of up to $250,000 and a special assessment of $100. It also states that the parties will jointly recommend sentencing findings, including a base offense level of 7 and a 20-level increase for a loss of more than $9,500,000 but less than or equal to $25,000,000.
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“Plea Agreement — United States v. Daniel Hernandez (S.D. Fla.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-20529-dkt-28-s-d-fla-d4f27994b9/
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-20529-CR-KMM
UNITED STATES OF AMERICA
vs.
DANIEL HERNANDEZ,
Defendant.
_____________ I ....;
PLEA AGREEMENT
The United States Attorney's Office for the Southern District of Florida ("this Office") and
Daniel Hernandez (hereinafter referred to as the "defendant") enter into the following agreement:
1. The defendant agrees to plead guilty to the sole count of the Information, which
charges the defendant with Conspiracy to Commit Wire Fraud in violation of 18 U.S.C. § 1349.
2. The defendant is aware that the sentence will be imposed by the Court after
considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter
"Sentencing Guidelines" or "U.S.S.G."). 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 commence after the guilty
plea has been entered. The defendant is also aware that, under certain circumstances, the Court
may depart from the advisory sentencing guideline 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 ~entencing Guidelines, but is not bound to impose a sentence within that advisory range;
Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 2 of 9
the Court is permitted to tailor the ultimate sentence in light of otller 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 offenses
identified in paragraph one (1) and that the defendant may not withdraw the plea solely as a result
of the sentence imposed.
3. The defendant also -understands and acknowledges that the Court may impose a
statutory maximum term of imprisonment of up to twenty (20) years. The Court may impose a
· statutory maximum term of supervised release of up to three (3) years. In addition, the Court may
impose a fine ofup to $250,000.
4. The defendant further understands and acknowledges that, in addition to any
sentence imposed under paragraph three (3) of this agreement, a special assessment in the amount
of $100 will be imposed on the defendant. The defendant agrees that any special assessment
imposed shall be paid at the time of sentencing. If the defendant is financially unable 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.
5. 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 ;igreement, this Office further reserves the right to :make any recommendation as
to the quality and quantity of punishment.
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 3 of 9
6. This Office agrees that it will recommend at sentencing that the. Court reduce by
two (2) ievels 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 leyel is determined to be sixteen (16) or greater, this Office will file a motion
requesting an additional. one (1) level decrease pursuant to Section 3El.l(b) of the Sentencing
. Guidelin,es, 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 allocatetheir resources efficiently. This Office, however, will
not be required to make this motion if the defendant: (1) fails or refuses to make a full, accurate
and complete disclosure to the probation office of the circumstances surrounding the relevant
offense conduct; (2) is found to have misrepresented facts to the government prior to entering into
this plea agreement5. 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.
7. 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 following findings and
conclusions as to the sentence to be imposed:
a. Base Offense: . Pursuant to U.S:S,G. §§. 2Bl.l(a)(l), 2Xl.l(a), the base offense
levelis 7.
b. Specific Offense Characteristic: Pursuant to U.S.S.G. § 2Bl.l(b)(l)(K), the
offense level shall be increased by twenty (20) levels because the relevant amount
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 4 of 9
of actual, probable, or intended loss resulting from the offense committed in this
case is more than $9,500,000 but less than or equal to $25,000,000.
_c. .Adjustments:
1. Pursuant to U.S.S.G. § 3Bl.l(a), the offense level shall be increased by four
. (4) levels because the defendant was an organizer or leader of a criminal
activity that involved five or more participants or was otherwise extensive.
11. Pursuant to U.S.S.G. § 3Bl.3, the offense level shall be increased by two
(2) levels because the defendant abused a position of public or private trust
in a manner that significantly facilitated the commission or concealment of
the offense.
d. Total Offense Level: The total offense level 1s 33 less any adjustment for
acceptance ofresponsibility.
8. The defendant agrees that he shall 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 interviews, 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 that he will not protect
. any-person or entity through fl1:lse information or omission, that he will not falsely implicate any
person or entity, and that he that he will not commit any further crimes.
9. 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
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 5 of 9
sentencing. If in the sole and unreviewable judgment of this Office the defendant's cooperation
is of such quality and significance to the 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/or any applicable minimum mandatory sentence, this Office may
make a motion prior to sentencing pursuant to Section 5Kl .1 of the Sentencing Guidelines and/or
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 recommending 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
defendant'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.
10. 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 under no obligation of any type to reduce the
defendant's sentence because of the defendant's cooperation.
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 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
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 6 of 9
understands and acknowledges, as previously acknowledged in paragraph two (2) 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, thi~ Office, or a recommendation made jointly by the
defendant and this Office.
12. The defendant agrees to pay restitution pursuant to 18 U.S.C. §3663A.
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 any property, real or
personal, which constitutes or is derived from proceeds obtained directly or indirectly, as a result
of the commission of the offense, in violation of 18 U.S.C. § 1349, pursuant to 18 U.S.C. §
982(a)(2)(A). In addition., the defendant agrees to forfeiture of substitute property pursuant to 21
U.S.C. § 853(p).
14. The defendant further agrees that forfeiture is independent of any assessment, fine,
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture,
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
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 of conviction. The defendant also 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-
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 7 of 9
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 the Offices upon request, 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 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 the Offices of: (i) any change of name,
residence, or mailing address, and (ii) any material change in
economic circumstances.
17. 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 to assets, taking any action that would impede the
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 8 of 9
forfeiture of assets, or failing to cooperate fully in the investigation and identification of assets
may be used as a basis for: (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
Sentencing Guidelines§ 3El.l.
18. 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 maimer in which
the sentenc.e was imposed, unless the sentence exceeds the maximum permitted by statute or is the
result of an upward departure and/or an upward varianceSrom the advisory guideline range that
the Court establishes at sentencing. The defendant further understands that nothing in this
agreement shaHaffect the government's right and/or duty to appeal as set forth in Title 18, United
States Code, Section 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.
19. The defendant further hereby waives all rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statute to which the defendant is pleading guilty
is/are unconstitutional; and/or (2) the admitted conduct does not fall within the scope of the statute
of conviction.
20. By signing this agreement, the defendant acknowledges that the defendant has.
discussed the app~al 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
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Case 1:22-cr-20529-KMM Document 28 Entered on FLSD Docket 12/20/2022 Page 9 of 9
th~t the defendant's waiver of his right to appeal the sentence imposed in this case and his right to
appealhis conviction in the manner described above was knowing and voluntary.
21. This is the entire agreement and understanding between this Office and the
defendant. There are no other agreements, promises, representations, or understandings.
JUAN ANTONIO GONZALEZ
UNITED STATES AT EY
Date: By:
EL .RUBIN
ASSISTANT UNITED STATES ATTORNEY
By:
HENRYP. -
- EFENDANT
Date: By:
AN ERNANDEZ
DEFENDANT
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