Plea Agreement — United States v. Reginald Davis (D. Md.)

Summary

A plea agreement letter dated June 25, 2025 from Assistant United States Attorney Joseph L. Wenner to defense counsel Gerald C. Ruter, Esq., filed June 27, 2025 as Document 77 in United States v. Davis, Criminal No. 23-cr-00269-SAG, in the U.S. District Court for the District of Maryland. Reginald Davis agrees to waive indictment and plead guilty to Count One of the Superseding Information, misdemeanor bank theft under 18 U.S.C. § 2113(b), which carries a maximum of 1 year in prison and a $100,000 fine. Under Federal Rule of Criminal Procedure 11(c)(1)(C), the parties agree that a sentence of time served is the appropriate disposition, and the Office will move to dismiss the open counts of the Indictment. The attached statement of facts states that Davis caused Strong City Baltimore's PPP application to Bank 1 to falsely certify permissible uses of the loan.

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ape AP,

Mch 6/25/2025
Tt U.S. Department of Justice

United States Attorney
District of Maryland
Northern Division

Joseph L. Wenner Mailing Address: Office Location: DIRECT: 410-209-4928
Assistant United States Attorney 36 S. Charles Street, 4th Floor 36S. Charles Street, 4th Floor MAIN: 410-209-4800
Joseph. Wenner@usdoj.gov Baltimore, MD 21201 Baltimore, MD 21201

June 25, 2025

Gerald C. Ruter, Esq.
The Law Offices of Gerald Ruter PC
9411 Philadelphia Rd., Suite O
Baltimore, MD 21237
Re: United States v. Davis
Criminal No. 23-cr-00269-SAG

Dear Counsel:

This letter, together with the Sealed Supplement, confirms the plea agreement (this
“A preement”) that has been offered to your client, Reginald Davis (hereinafter “Defendant”), by
the United States Attorney’s Office for the District of Maryland (“this Office”). If the Defendant
accepts this offer, please have the Defendant execute it in the spaces provided below. If this offer
has not been accepted by June 27, 2025, at 12:00 p.m., it will be deemed withdrawn. The terms
of the Agreement are as follows:

Offense of Conviction

1. The Defendant agrees to waive indictment and plead guilty to Count One of the
Superseding Information, which charges the Defendant with Misdemeanor Bank Theft, in
violation of 18 U.S.C. § 2113(b). The Defendant admits that the Defendant is, in fact, guilty of
the offense and will so advise the Court.

Elements of the Offense

2. The elements of the offense to which the Defendant has agreed to plead guilty, and
which this Office would prove if the case went to trial, are as follows:

a. Count 1: Misdemeanor Bank Theft, 18 U.S.C. § 2113(b).

i. First, the Defendant took and carried away money or property belonging to
or in the care, custody, control, management or possession of Bank 1;
Case 1:23-cr-00269-SAG Document77 Filed 06/27/25 Page 2of9

ii. Second, that at that time, Bank 1 deposits were insured by the Federal
Deposit Insurance Corporation; and

iii. Third, that the Defendant intended to steal or purloin the money or property
of Bank 1.

Penalties

3. The maximum penalties provided by statute for the offense to which the Defendant
is pleading guilty are as follows:

has sole discretion to designate the institution at which it will be served.

b.

Minimum | Maximum | Supervised Maximum Special
Count Statute Prison. Prison Release Fine Assessment
18 U.S.C.
§ 2113(b);
1 i8 USC. § N/A 1 year 1 year $100,000 $25
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a. Prison: If the Court orders a term of imprisonment, the Bureau of Prisons

Supervised Release: If the Court orders a term of supervised release, and

the Defendant violates the conditions of supervised release, the Court may order the Defendant
returned to custody to serve a term of imprisonment as permitted by statute, followed by an
additional term of supervised release.

c. Restitution: The Court may order the Defendant to pay restitution pursuant
to 18 U.S.C. §§ 3663, 3663A, and 3664.

d. Payment: Ifa fine or restitution is imposed, it shall be payable immediately,
unless the Court orders otherwise under 18 U.S.C. § 3572(d). The Defendant may be required to
pay interest if the fine is not paid when due.

e. Forfeiture: The Court may enter an order of forfeiture of assets directly
traceable to the offense, substitute assets, and/or a money judgment equal to the value of the
property subject to forfeiture.

f. Collection of Debts: If the Court imposes a fine or restitution, this Office’s
Financial Litigation Unit will be responsible for collecting the debt. If the Court establishes a
schedule of payments, the Defendant agrees that: (1) the full amount of the fine or restitution is
nonetheless due and owing immediately; (2) the schedule of payments is merely a minimum
schedule of payments and not the only method, nor a limitation on the methods, available to the
United States to enforce the judgment; and (3) the United States may fully employ all powers to
collect on the total amount of the debt as provided by law. Until the debt is paid, the Defendant
agrees to disclose all assets in which the Defendant has any interest or over which the Defendant

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exercises direct or indirect control. Until the money judgment is satisfied,,the Defendant
authorizes this Office to obtain a credit report in order to evaluate the Defendant’s ability to pay,
and to request and review the Defendant’s federal and state income tax returns. The Defendant
agrees to complete and sign a copy of IRS Form 8821 (relating to the voluntary disclosure of
federal tax return information) and a financial statement in a form provided by this Office.

Waiver of Rights

4. The Defendant understands that by entering into this Agreement, the Defendant
surrenders certain rights as outlined below:

a. If the Defendant had pled not guilty and persisted in that plea, the Defendant
would have had the right to a speedy jury trial with the close assistance of competent counsel.
That trial could be conducted by a judge, without a jury, if the Defendant, this Office, and the
Court all agreed.

b. If the Defendant elected a jury trial, the jury would be composed of twelve
individuals selected from the community. Counsel and the Defendant would have the opportunity
to challenge prospective jurors who demonstrated bias or who were otherwise unqualified, and
would have the opportunity to strike a certain number of jurors peremptorily. All twelve jurors
would have to agree unanimously before the Defendant could be found guilty of any count. The
jury would be instructed that the Defendant was presumed to be innocent, and that presumption
could be overcome only by proof beyond a reasonable doubt.

Cc. If the Defendant went to trial, the Government would have the burden of
proving the Defendant guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the Government’s witnesses. The Defendant would not have to
present any defense witnesses or evidence whatsoever. If the Defendant wanted to call witnesses
in defense, however, the Defendant would have the subpoena power of the Court to compel the
witnesses to attend. ‘

d. The Defendant would have the right to testify in the Defendant’s own
defense if the Defendant so chose, and the Defendant would have the right to refuse to testify. If
the Defendant chose not to testify, the Court could instruct the jury that they could not draw any
adverse inference from the Defendant’s decision not to testify.

e. If the Defendant were found guilty after a trial, the Defendant would have
the right to appeal the verdict and the Court’s pretrial and trial decisions on the admissibility of
evidence to see if any errors were committed which would require a new trial or dismissal of the
charges. By pleading guilty, the Defendant knowingly gives up the right to appeal the verdict and
the Court’s decisions.

f. By pleading guilty, the Defendant will be giving up all of these rights,
except the right, under the limited circumstances set forth in the “Waiver of Appeal” paragraph
below, to appeal the sentence. By pleading guilty, the Defendant understands that the Defendant
may have to answer the Court’s questions both about the rights being given up and about the facts

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of the case. Any statements that the Defendant makes during such a hearing would not be
admissible against the Defendant during a trial except in a criminal proceeding for perjury or false
statement.

g. If the Court accepts the Defendant’s plea of guilty, the Defendant will be
giving up the right to file and have the Court rule on pretrial motions, and there will be no further
trial or proceeding of any kind in the above-referenced criminal case, and the Court will find the
Defendant guilty.

h. By pleading guilty, the Defendant will also be giving up certain valuable
civil rights and may be subject to deportation or other loss of immigration status, including possible
denaturalization. The Defendant recognizes that if the Defendant is not a citizen of the United
States, or is a naturalized citizen, pleading guilty may have consequences with respect to the
Defendant’s immigration status. Under federal law, conviction for a broad range of crimes can
lead to adverse immigration consequences, including automatic removal from the United States.
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 Court, can
predict with certainty the effect of a conviction on immigration status. The Defendant is not
relying on any promise or belief about the immigration consequences of pleading guilty. The
Defendant nevertheless affirms that the Defendant wants to plead guilty regardless of any potential
immigration consequences.

Advisory Sentencing Guidelines Apply

5. The Defendant understands that the Court will determine a sentencing guidelines
range for this case (henceforth the “advisory guidelines range”) pursuant to the Sentencing Reform
Act of 1984 at 18 U.S.C. § 3551-3742 (excepting 18 U.S.C. § 3553(b)(1) and 3742(e)) and
28 U.S.C. §§ 991 through 998. The Defendant further understands that the Court will impose a
sentence pursuant to the Sentencing Reform Act, as excised, and must take into account the
advisory guidelines range in establishing a reasonable sentence.

Factual and Advisory Guidelines Stipulation |

6. This Office and the Defendant stipulate and agree to the Statement of Facts set forth
in Attachment A, which is incorporated by reference herein.

Count One (Misdemeanor Bank Theft)

a. This Office and the Defendant further agree that the guidelines level will be
determined by United States Sentencing Guideline (“U.S.S.G.”) § 2B1.1. Each party reserves the
right to make whatever arguments are available as to the appropriate guidelines level under that
provision.

b. This Office does not oppose a 2-level reduction in the Defendant’s adjusted
offense level pursuant to U.S.S.G. § 3E1.1(a) based upon the Defendant’s apparent prompt
recognition and affirmative acceptance of personal responsibility for the Defendant’s criminal

x

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conduct. This Office may oppose any adjustment for acceptance of responsibility under US.S.G.
§ 3E1.1(a) if the Defendant: (i) fails to admit each and every item in the factual stipulation; (ii)
denies involvement in the offense; (iii) gives conflicting statements about the Defendant’s
involvement in the offense; (iv) is untruthful with the Court, this Office, or the United States
Probation Office; (v) obstructs or attempts to obstruct justice prior to sentencing; (vi) engages in
any criminal conduct between the date of this Agreement and the date of sentencing; (vii) attempts
to withdraw the plea of guilty; or (viii) violates this Agreement in any way.

c. The Government will not oppose a two-level downward adjustment if the
Court determines that the Defendant meets the criteria listed in U.S.S.G. § 4C1.1.

7. There is no agreement as to the Defendant’s criminal history and the Defendant
understands that the Defendant’s criminal history could alter the Defendant’s offense level.
Specifically, the Defendant understands that the Defendant’s criminal history could alter the final
offense level if the Defendant is determined to be a career offender or if the instant offense was a
part of a pattern of criminal conduct from which the Defendant derived a substantial portion of the
Defendant’s income.

Rule 11 (c)(1)(C) Plea

8. The parties stipulate and agree pursuant to Federal Rule of Criminal Procedure
11(c)(1)(C) that a sentence of time served is the appropriate disposition of this case taking into
consideration the nature and circumstances of the offense, the Defendant’s criminal history, and
all of the other factors set forth in 18 U.S.C. § 3553(a).

9. This Agreement does not affect the Court’s discretion to impose any lawful fine or
to set any lawful conditions of probation or supervised release. In the event that the Court rejects
this Agreement, except under the circumstances noted below, either party may elect to declare the
Agreement null and void. Should the Defendant so elect, the Defendant will be afforded the
opportunity to withdraw his plea pursuant to the provisions of Federal Rule of Criminal Procedure
11(c)(5). The parties agree that if the Court finds that the Defendant engaged in obstructive or
unlawful behavior and/or failed to acknowledge personal responsibility as set forth herein, neither
the Court nor the Government will be bound by the specific sentence contained in this Agreement,
and the Defendant will not be able to withdraw his plea. .

Obligations of the Parties

10. This Office and the Defendant reserve the right to advocate for a reasonable period
of supervised release, and/or fine considering any appropriate factors under 18 U.S.C. § 3553(a).
This Office and the Defendant reserve the right to bring to the Court’s attention all information
with respect to the Defendant’s background, character, and conduct that this Office or the
Defendant deem relevant to sentencing, including the conduct that is the subject of any counts of
the Superseding Misdemeanor Information. At the time of sentencing, this Office will move to
dismiss the open counts of the Indictment against the Defendant.
Case 1:23-cr-00269-SAG Document 77 Filed 06/27/25 Page 6of9

Waiver of Appeal

11. In exchange for the concessions made by this Office and the Defendant in this
Agreement, this Office and the Defendant waive their rights to appeal as follows:

a. The Defendant knowingly waives all right, pursuant to 28 U.S.C. § 1291 or
any other statute or constitutional provision, to appeal the Defendant’s conviction on any ground
whatsoever. This includes a waiver of all right to appeal the Defendant’s conviction on the ground
that the statute to which the Defendant is pleading guilty is unconstitutional, or on the ground that
the admitted conduct does not fall within the scope of the statute, to the extent that such challenges
legally can be waived. \

b. The Defendant and this Office knowingly and expressly waive all rights
conferred by 18 U.S.C. § 3742 to appeal whatever sentence is imposed (including any term of
imprisonment, fine, term of supervised release, or order of restitution) for any reason (including
the establishment of the advisory sentencing guidelines range, the determination of the
Defendant’s criminal history, the weighing of the sentencing factors, and any constitutional
challenges to the calculation and imposition of any term of imprisonment, fine, order of forfeiture,
order of restitution, and term or condition of supervised release).

c. The Defendant waives any and all rights under the Freedom of Information
Act relating to the investigation and prosecution of the above-captioned matter and agrees not to
file any request for documents from this Office or any investigating agency.

Restitution

12. The Defendant agrees that, pursuant to 18 U.S.C. §§ 3663 and 3663A and
3563(b)(2) and 3583(d), the Court may order restitution of the full amount of the actual, total loss
caused by the offense conduct. The total amount of restitution shall be due immediately and shall
be ordered to be paid forthwith. Any payment schedule imposed by the Court establishes only a
minimum obligation. Defendant will make a good faith effort to pay any restitution. Regardless
of Defendant’s compliance, any payment schedule does not limit the United States’ ability to
collect additional amounts from Defendant through all available collection remedies at any time.
The Defendant further agrees that the Defendant will fully disclose to this Office, the probation
officer, and to the Court, subject to the penalty of perjury, all information (including but not limited
to copies of all relevant bank and financial records) regarding the current location and prior
disposition of all funds obtained as a result of the criminal conduct set forth in the factual
stipulation. The Defendant further agrees to take all reasonable steps to retrieve or repatriate any
such funds and to make them available for restitution. If the Defendant does not fulfill this
provision, it will be considered a material breach of this Agreement, and this Office may seek to
be relieved of its obligations under this Agreement.

Defendant’s Conduct Prior to Sentencing and Breach
13. Between now and the date of the sentencing, the Defendant will not engage in
conduct that constitutes obstruction of justice under U.S.S.G. § 3C1.1; will not violate any federal,

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Case 1:23-cr-00269-SAG Document77 Filed 06/27/25 Page 7 of9

state, or local law; will acknowledge guilt to the probation officer and the Court; will be truthful
in any statement to the Court, this Office, law enforcement agents, and probation officers; will
cooperate in the preparation of the presentence report; and will not move to withdraw from the
plea of guilty or from this Agreement.

14. If the Defendant engages in conduct prior to sentencing that violates the above
paragraph of this Agreement, and the Court finds a violation by a preponderance of the evidence,
then: (i) this Office will be free from its obligations under this Agreement; (ii) this Office may
make sentencing arguments and recommendations different from those set out in this Agreement,
even if the Agreement was reached pursuant to Rule 11(c)(1)(C); and (iii) in any criminal or civil
proceeding, this Office will be free to use against the Defendant all statements made by the
Defendant and any of the information or materials provided by the Defendant, including
statements, information, and materials provided pursuant to this Agreement, and statements made
during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal
Procedure. A determination that this Office is released from its obligations under this Agreement
will not permit the Defendant to withdraw the guilty plea. The Defendant acknowledges that the
Defendant may not withdraw the Defendant’s guilty plea—even if made pursuant to Rule
11(c)(1)(C)—if the Court finds that the Defendant breached the Agreement. In that event, neither
the Court nor the Government will be bound by the specific sentence or sentencing range agreed
and stipulated to herein pursuant to Rule 11(c)(1)(C).

Court Not a Party

15. The Court is not a party to this Agreement. The sentence to be imposed is within
the sole discretion of the Court. The Court is not bound by the Sentencing Guidelines stipulation
in this Agreement. The Court will determine the facts relevant to sentencing. The Court is not
required to accept any recommendation or stipulation of the parties. The Court has the power under
Rule 11(c)(5) to reject the plea agreement entered into under Rule 11(c)(1)(C). In the event the
Court rejects this Rule 11(c)(1)(C) plea agreement, pursuant to Rule 11(c)(5)(C), the Defendant
will be informed that he may withdraw his plea. If he persists in the guilty plea thereafter, the
Defendant understands that the disposition of the case may be less favorable than that
contemplated by this agreement. Neither the prosecutor, defense counsel, nor the Court can make
a binding prediction, promise, or representation as to what guidelines range or sentence the
Defendant will receive. The Defendant agrees that no one has made such a binding prediction or
promise.

Entire Agreement

16. This letter, together with the Sealed Supplement, constitutes the complete plea
agreement in this case. This letter, together with the Sealed Supplement, supersedes any prior
understandings, promises, or conditions between this Office and the Defendant. There are no other
agreements, promises, undertakings, or understandings between the Defendant and this Office
other than those set forth in this letter and the Sealed Supplement. No changes to this Agreement
will be effective unless in writing, signed by all parties and approved by the Court.
Case 1:23-cr-00269-SAG Document77_ Filed 06/27/25 Page 8of9

If the Defendant fully accepts each and every term and condition of this Agreement, please
sign and have the Defendant sign the original and return it to me promptly.

Very truly yours,

Kelly O. Hayes
United States Attorney

Digitally signed by JOSEPH
WENNER
Date: 2025.06.25 20:58:56
Joseph L. Wenner
Ariel Evans

Assistant United States Attorneys

[have read this Agreement, including the Sealed Supplement, and carefully reviewed every
part of it with my attorney. I understand it and I voluntarily agree to it. Specifically, I have
reviewed the Factual and Advisory Guidelines Stipulation with my attorney and I do not wish to

change any part of it. Iam sey, the representation of my attorney.

Date Reginald Davis

I am the Defendant’s attorney. I have carefully reviewed every part of this Agreement,
including the Sealed Supplement with the Defendant. The Defendant advises me that the
Defendant understands and accepts its terms. To my knowledge, the Defendant’s decision to enter
into this Agreement is an informed and voluntary one.

Date Gerald C. Ruter, Esq.
ATTACHMENT A

STIPULATION OF FACTS

The undersigned parties stipulate and agree that if this case had proceeded to trial, this
Office would have proven the following facts beyond a reasonable doubt. The undersigned parties
also stipulate and agree that the following facts do not encompass all of the evidence that would
have been presented had this matter proceeded to trial. ASs2 VY

Strong City Baltimore (“Strong City”) was Balimor-bsed non-prél corporation of
which defendant Reginald Davis (“Davis”) was the Chief Executive Officer (“CEO”). In March
2021, in the District of Maryland, Davis and others caused Strong City to apply for and obtain a
Paycheck Protection Program (“PPP”) loan from Bank 1, a financial institution. Davis knowingly
caused the completion, signing, and submission of Strong City’s PPP application, which falsely
certified that the PPP loan would be used for permissible expenses pursuant to PPP rules and
regulations. Davis actually intended to purloin and use the funds impermissibly to pay off Strong
City’s preexisting debts to other non-profits. Bank 1 approved Strong City’s PPP application based
on Davis’s false certification that the loans would be used permissibly. After Strong City received
the PPP funds, Davis caused a portion of the PPP funds to be sent to Strong City creditors—
contrary to his representations made to Bank 1—thus causing a larceny from Bank 1 by false
pretenses.

At all times Bank 1 was a financial institution whose deposits were insured by the Federal
Deposit Insurance Corporation. The Defendant stipulates that he took and carried away funds
belonging to Bank 1 when Strong City obtained the PPP funds and Davis caused electronic
transfers of those funds from Bank 1.

SO STIPULATED:

Digitally signed by
JOSEPH WENNER
Date: 2025.06.25 20:59:36
-04'00'

Joseph L. Wenner

Ariel Evans

Assistant United States Attorneys

Reginlild Davis
Defendant

Gerald C. Ruter, Esq.
Counsel for Defendant


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