Plea Agreement — Jesse Lelievre (D. Mass.)

Summary

A plea agreement letter dated July 8, 2024 from Acting United States Attorney Joshua S. Levy of the District of Massachusetts to Murdoch Walker II, counsel for Jesse Lelievre, filed July 29, 2024 as Document 2 in Case 1:24-cr-10217-DJC (D. Mass.). Lelievre agrees to waive indictment and plead guilty by August 15, 2024 to an information charging one count of theft of government property under 18 U.S.C. § 641, with a maximum of 10 years of incarceration. The parties agree to a total offense level of 11, including a 10-level increase because the loss was more than $150,000 but not more than $250,000. The U.S. Attorney agrees to recommend incarceration at the low end of the Guidelines range, 36 months of supervised release, and restitution and a forfeiture money judgment in amounts to be determined at sentencing.

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Case 1:24-cr-10217-DJC Document 2 Filed 07/29/24 Page 1 of 7

U.S. Department of Justice

Joshua S. Levy
Acting United States Attorney
District of Massachusetts

Main Reception: (617) 748-3100 John Joseph Moakley United States Courthouse
1 Courthouse Way
Suite 9200
Boston, Massachusetts 02210

July 8, 2024

Murdoch Walker II, Esq.

Lowther Walker LLC

101 Marietta Street, NW, Suite 3650
Atlanta, GA 30303
mwalker@lowtherwalker.com

Re: Jesse Lelievre

Dear Mr. Walker:

The United States Attorney for the District of Massachusetts (the “U.S. Attorney”’) and your
client, Jesse Lelievre (“Defendant”), agree as follows, pursuant to Federal Rule of Criminal

Procedure 11(c)(1)(B):

l. Change of Plea

No later than August 15, 2024, Defendant will waive Indictment and plead guilty to an
Information charging one count of Theft of Government Property pursuant to 18 U.S.C. § 641.
Defendant admits that Defendant committed the crime specified in that count and is in fact guilty

of it.

pA Penalties

Defendant faces the following maximum penalties: incarceration for 10 years; supervised
release for three years; a fine of $250,000 or twice the gross gain or loss, whichever is greater; a
mandatory special assessment of $100; restitution; and forfeiture to the extent charged in the
Information.
3 Sentencing Guidelines

The parties agree, based on the following calculations, that Defendant’s total “offense
level” under the Guidelines is 11:

a) Defendant’s base offense level is 6, because the offense of conviction is
referenced to USSG §2Bl1.1 and has a statutory maximum term of
imprisonment of 10 years (USSG § 2B1.1(a)(2));

b) Defendant’s offense level is increased by 10, because the loss from the offense
was more than $150,000 but not more than $250,000 (USSG § 2B1.1(b)(1 \(F));

c) Defendant’s offense level is decreased by 3, because Defendant has accepted
responsibility for Defendant’s crime (USSG § 3E1.1); and

d) Defendant’s offense level is decreased by 2, because Defendant has no criminal
history points and otherwise qualifies as a zero-point offender (USSG § AGT. 1):

Defendant understands that the Court is not required to follow this calculation or even to
sentence Defendant within the Guidelines and that Defendant may not withdraw Defendant's
guilty plea if Defendant disagrees with how the Court calculates the Guidelines or with the

sentence the Court imposes.

Defendant also understands that the government will object to any reduction in Defendant's
sentence based on acceptance of responsibility if: (a) at sentencing, Defendant (directly or through
counsel) indicates that Defendant does not fully accept responsibility for having engaged in the

conduct underlying each of the elements of the crime to which Defendant is pleading guilty; or (b)
by the time of sentencing, Defendant has committed a new federal or state offense, or has in any

way obstructed justice.

If, after signing this Agreement, Defendant’s criminal history score or Criminal History
Category is reduced, the U.S. Attorney reserves the right to seek an upward departure under the

Guidelines.

Nothing in this Plea Agreement affects the U.S. Attorney's obligation to provide the Court
and the U.S. Probation Office with accurate and complete information regarding this case.

4, Sentence Recommendation

The U.S. Attorney agrees to recommend the following sentence to the Court:

a) incarceration at the low end of the Guidelines sentencing range as calculated by
the Court;

2
Case 1:24-cr-10217-DJC Document 2 Filed 07/29/24 Page 3 of 7

b) a fine within the Guidelines sentencing range as calculated by the parties, unless
the Court finds that Defendant is not able, and is not likely to become able, to
pay a fine:

c) 36 months of supervised release:

d) amandatory special assessment of $100, which Defendant must pay to the Clerk
of the Court by the date of sentencing;

e) restitution in an amount to be determined at sentencing; and
f) forfeiture as set forth in Paragraph 6.
Defendant agrees that all criminal monetary penalties, including special assessment,
restitution, forfeiture, and/or fine imposed shall be due and payable immediately, and further
agrees that any Court-ordered repayment schedule does not preclude further enforcement or

collection by the United States.

5. Waiver of Appellate Rights and Challenges to Conviction or Sentence

Defendant has the right to challenge Defendant’s conviction and sentence on “direct
appeal.” This means that Defendant has the right to ask a higher court (the “appeals court’’) to look
at what happened in this case and, if the appeals court finds that the trial court or the parties made
certain mistakes, overturn Defendant’s conviction or sentence. Also, in some instances, Defendant
has the right to file a separate civil lawsuit claiming that serious mistakes were made in this case
and that Defendant’s conviction or sentence should be overturned.

Defendant understands that Defendant has these rights, but now agrees to give them up.
Specifically, Defendant agrees that:

a) Defendant will not challenge Defendant’s conviction on direct appeal or in any other
proceeding, including in a separate civil lawsuit; and

b) Defendant will not challenge Defendant’s sentence, including any court orders related
to forfeiture, restitution, fines or supervised release, on direct appeal or in any other
proceeding, including in a separate civil lawsuit.

Defendant understands that, by agreeing to the above, Defendant is agreeing that
Defendant’s conviction and sentence will be final when the Court issues a written judgment after
the sentencing hearing in this case. That is, after the Court issues a written judgment, Defendant
will lose the right to appeal or otherwise challenge Defendant’s conviction and sentence regardless
of whether Defendant later changes Defendant’s mind or finds new information that would have

led Defendant not to agree to give up these rights in the first place.
ent 2 Filed 07/29/24 Page 4 of 7

Defendant is agreeing to give up these rights at least partly in exchange for concessions the
U.S. Attorney is making in this Agreement.

The parties agree that, despite giving up these rights, Defendant keeps the right to later
claim that Defendant’s lawyer rendered ineffective assistance of counsel, or that the prosecutor or
a member of law enforcement involved in the case engaged in misconduct serious enough to entitle
Defendant to have Defendant’s conviction or sentence overturned.

6. Forfeiture

Defendant understands that the Court will, upon acceptance of Defendant’s guilty plea,
enter an order of forfeiture as part of Defendant’s sentence, and that the order of forfeiture may
include assets directly traceable to Defendant’s offense, assets used to facilitate Defendant’s
offense, substitute assets and/or a money judgment equal to the value of the property derived from,
or otherwise involved in, the offense.

The assets to be forfeited specifically include, without limitation, the following:

a) An Order of Forfeiture (Money Judgment) in an amount to be determined at sentencing.

Defendant admits that the money is subject to forfeiture on the grounds that it is equal to the
amount of proceeds the defendant derived from the offense.

Defendant acknowledges and agrees that the amount of the forfeiture money judgment
represents proceeds the Defendant obtained (directly or indirectly), and/or facilitating property
and/or property involved in, the crimes to which Defendant is pleading guilty and that, due at least
in part to the acts or omissions of Defendant, the proceeds or property have been transferred to, or
deposited with, a third party, spent, cannot be located upon exercise of due diligence, placed
beyond the jurisdiction of the Court, substantially diminished in value, or commingled with other
property which cannot be divided without difficulty. Accordingly, Defendant agrees that the
United States is entitled to forfeit as “substitute assets” any other assets of Defendant up to the

value of the now missing directly forfeitable assets.

Defendant agrees to consent to the entry of an order of forfeiture for such property and
waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J), 32.2, and 43(a)
regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the
change-of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. Defendant understands and agrees that forfeiture shall not satisfy or
affect any fine, lien, penalty, restitution, cost of imprisonment, tax liability or any other debt owed

to the United States.

If the U.S. Attorney requests, Defendant shall deliver to the U.S. Attorney within 30 days
after signing this Plea Agreement a sworn financial statement disclosing all assets in which
Defendant currently has any interest and all assets over which Defendant has exercised control, or
has had any legal or beneficial interest. Defendant further agrees to be deposed with respect to

4
Case 1:24-cr-10217-DJC Documen t2 Filed 07/29/24 Page 5 of 7

Defendant’s assets at the request of the U.S. Attorney. Defendant agrees that the United States

Department of Probation may share any financial information about the Defendant with the United
States Attorney’s Office.

Defendant also agrees to waive all constitutional, legal, and equitable challenges (including

direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with
this Plea Agreement.

Defendant hereby waives and releases any claims Defendant may have to any vehicles,
currency, or other personal property seized by the United States, or seized by any state or local law
enforcement agency and turned over to the United States, during the investigation and prosecution
of this case, and consents to the forfeiture of all such assets.

Defendant agrees to assist fully in the forfeiture of the foregoing assets. Defendant agrees
to promptly take all steps necessary to pass clear title to the forfeited assets to the United States,
including but not limited to executing any and all documents necessary to transfer such title,
assisting in bringing any assets located outside of the United States within the jurisdiction of the
United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture
are not sold, disbursed, wasted, hidden or otherwise made unavailable for forfeiture. Defendant
further agrees (a) not to assist any third party in asserting a claim to the forfeited assets in an
ancillary proceeding, and (b) to testify truthfully in any such proceeding.

7. Civil Liability
This Plea Agreement does not affect any civil liability, including any tax liability,
Defendant has incurred or may later incur due to Defendant’s criminal conduct and guilty plea to

the charges specified in Paragraph 1 of this Agreement.

8. Breach of Plea Agreement

Defendant understands that if Defendant breaches any provision of this Agreement,
violates any condition of Defendant’s pre-trial release or commits any crime following
Defendant’s execution of this Plea Agreement, Defendant cannot rely upon such conduct to
withdraw Defendant’s guilty plea. Defendant’s conduct, however, would give the U.S. Attorney
the right to be released from the U.S. Attorney’s commitments under this Agreement, to pursue
any charges that were, or are to be, dismissed under this Agreement, and to use against Defendant
any of Defendant’s statements, and any information or materials Defendant provided to the
government during investigation or prosecution of Defendant’s case—even if the parties had
entered any earlier written or oral agreements or understandings about this issue.

Defendant also understands that if Defendant breaches any provision of this Agreement or
engages in any of the aforementioned conduct, Defendant thereby waives any defenses based on
the statute of limitations, constitutional protections against pre-indictment delay, and the Speedy
Trial Act, that Defendant otherwise may have had to any charges based on conduct occurring
before the date of this Agreement.

5
Case 1:24-cr-10217-DJC Document 2 Filed 07/29/24 Page 6 of 7

9. Who is Bound by Plea Agreement

This Agreement is only between Defendant and the U.S. Attorney for the District of

Massachusetts. It does not bind the Attorney General of the United States or any other federal,
state, or local prosecuting authorities.

10. Modifications to Plea Agreement

This Agreement can be modified or supplemented only in a written memorandum signed
by both parties, or through proceedings in open court.

If this letter accurately reflects the agreement between the U.S. Attorney and Defendant,
please have Defendant sign the Acknowledgment of Plea Agreement below. Please also sign

below as Witness. Return the original of this letter to Assistant U.S. Attorney Christopher J.
Markham.

Sincerely,

JOSHUA S. LEVY
Acting United States Attorney

STEPHEN E. FRANK
Chief

Securities, Financial & Cyber Fraud Unit

SETH B. KOSTO
Deputy Chief
Securities, Financial & Cyber Fraud Unit

Digitally signed by
C H RISTO P H E CHRISTOPHER MARKHAM
Date: 2024.07.29 13:27:36
R MARKHAM 2:2

CHRISTOPHER J. MARKHAM
Assistant U.S. Attorney
Case 1:24-cr-10217-DJC Document 2 Filed 07/29/24 Page 7 of 7

ACKNOWLEDGMENT OF PLEA AGREEMENT

I have read this letter and discussed it with my attorney. The letter accurately presents my
agreement with the United States Attorney’s Office for the District of Massachusetts. There are no
unwritten agreements between me and the United States Attorney’s Office, and no United States
government official has made any unwritten promises or representations to me in connection with
my guilty plea. I have received no prior offers to resolve this case.

I understand the crime I am pleading guilty to, and the maximum penalties for that crime.
I have discussed the Sentencing Guidelines with my lawyer, and I understand the sentencing ranges
that may apply.

I am satisfied with the legal representation my lawyer has given me, and we have had
enough time to meet and discuss my case. We have discussed the charge against me, possible
defenses I might have, the terms of this Agreement and whether I should go to trial.

I am entering into this Agreement freely and voluntarily and because I am in fact guilty of
the offense. I believe this Agreement is in my best interest.

JESSE LELIEV
Defendant

Date: = faa Jay

I certify that Jesse Lelievre has read this Agreement and that we have discussed what it
means. I believe Jesse Lelievre understands the Agreement and is entering into it freely,
voluntarily, and knowingly. I also certify that the U.S. Attorney has not extended any other offers
regarding a change of plea in this case.

MURDOCH WALKER II, ESQ.
Attorney for Defendant

ate 07.22.2024


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