Plea Agreement — United States v. Samuel Harris Jr. (S.D. Fla., Dkt. 11)

Summary

Plea Agreement entered on the docket June 30, 2023, in the Southern District of Florida between the Office of the United States Attorney and Samuel Harris Jr. He agrees to waive indictment and plead guilty to a one-count Information charging wire fraud under Title 18, United States Code, Section 1343, which carries up to 20 years in prison, supervised release of up to 5 years, a fine of up to $250,000 and a $100 special assessment. He also agrees to resign from the Miami-Dade Police Department and surrender his Florida Department of Law Enforcement Certification before sentencing. The parties jointly recommend a base offense level of 7 and an increase of 12 for loss of more than $250,000 and less than $550,000; he agrees to forfeiture and to waive most appeal rights.

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Case 1:23-cr-20189-RNS Document 11 Entered on FLSD Docket 06/30/2023 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No. 23-20189-Cr-SCOLA/GOODMAN

UNITED STATES OF AMERICA
vs.
SAMUEL HARRIS JR.,

Defendant.
/

PLEA AGREEMENT

The Office of the United States Attorney for the Southern District of Florida (“this
Office”) and the defendant, SAMUEL HARRIS JR., enter into the following agreement:

1. Pursuant to Rule 7(b) of the Federal Rules of Criminal Procedure, the
defendant agrees to waive indictment and to plead guilty to a one-count Information which
charges him with wire fraud, in violation of Title 18, United States Code, Section 1343.

2. The defendant is aware that his 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
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
Case 1:23-cr-20189-RNS Document 11 Entered on FLSD Docket 06/30/2023 Page 2 of 7

Court 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 his 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 20 years followed by a term
of supervised release of up to 5 years, a fine of up to $250,000, and may order forfeiture
and restitution. The Court also must impose a special assessment in the amount of
$100, and the defendant agrees to pay the special assessment imposed at the time of
sentencing.

4. 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.

5. 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 3E1.1(a) of the Sentencing Guidelines, based upon the defendant's

recognition and affirmative and timely acceptance of personal responsibility. If at the time
2
Case 1:23-cr-20189-RNS Document 11 Entered on FLSD Docket 06/30/2023 Page 3 of 7

of sentencing the defendant’s offense level is determined to be 16 or greater, the
government will file a motion requesting an additional one level decrease pursuant to
Section 3E1.1(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. This Office however, will not be required to make
this recommendation (or any agreed recommendation contained within this plea
agreement) 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 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.

6. The defendant agrees that he will resign from his position with the Miami-
Dade Police Department and surrender his Florida Department of Law Enforcement
Certification (“Certification”) prior to sentencing, and will not seek reinstatement of that
Certification or otherwise seek employment as a law enforcement officer in the future.

7. This Office and the defendant agree that, although not binding on the Court
or the probation office, they will jointly recommend that the Court make the following
findings and conclusions as to the sentence to be imposed: (a) the applicable Sentencing
Guidelines section for the offense is Section 2B1.1; (b) pursuant to Section 2B1.1(a)(1),

the applicable base offense level is 7; and (c) the loss in this case was more than
3
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$250,000 and less than $550,000, and that as a result, pursuant to Section
2B1.1(b)(1)(G), the defendant’s offense level should be increased by 12. This Office and
the defendant further agree that except for these agreed non-binding joint
recommendations, the parties otherwise retain their full rights to advocate regarding the
applicable advisory Sentencing Guidelines and 18 U.S.C. §3553(a) factors, including the
right to seek a departure or variance, and the ultimate sentence to be imposed.

8. 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, the government, or the probation office, is a prediction, not a
promise, and is not binding on the government, the probation office or the Court. The
defendant understands further that any recommendation that the government 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 acknowledges, as previously acknowledged 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, the government, or a
recommendation made jointly by both the defendant and this Office.

9. The defendant agrees, in an individual and any other capacity, to forfeit to
the United States, voluntarily and immediately, all right, title and interest to any property,
real or personal, which constitutes proceeds traceable to the offense of conviction
pursuant to Title 18, United States Code, Section 981(a)(1)(C), as made applicable by
Title 28, United States Code, Section 2461(c). The defendant further agrees that

forfeiture is independent of any assessment, fine, cost, restitution, or penalty that may be
4
Case 1:23-cr-20189-RNS Document 11 Entered on FLSD Docket 06/30/2023 Page 5 of 7

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.

10. | 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 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.

11. The defendant also understands and acknowledges that the Court must
order restitution for the full amount of the victim’s losses pursuant to 18 U.S.C. Section
3663A.

12. The defendant is aware that Title 18, United States Code, Section 3742 and
Title 28, United States Code, Section 1291 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 3742 and 1291 to appeal any sentence imposed, including any

restitution order, or to appeal the manner in which the sentence was imposed, unless the
5
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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 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 appellate
rights. 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 the United States, to request that the Court
enter a specific finding that the defendant’s waiver of the defendant’s right to appeal the

sentence to be imposed in this case was knowing and voluntary.

(Remainder of page intentionally left blank)
Case 1:23-cr-20189-RNS Document 11 Entered on FLSD Docket 06/30/2023 Page 7 of 7

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

defendant. There are

understandings.

Date:

{

no other agreements, promises, representations, or

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

By: Lee Oo
Edward N. Stamm
Assistant United States Attorney

Falion Zirpolj, Esq. \
Attorney for Befendant

Samuel Harris Jr.
Defendant


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