Plea Agreement for Defendant Muhammad Noor Ul Ain Atta (Central District of California, Document 22)
Summary
Plea Agreement for Defendant Muhammad Noor Ul Ain Atta, CR No. 2:22-cr-00323-PA, in the U.S. District Court for the Central District of California, filed 07/20/22 as Document 22, between the defendant and the United States Attorney's Office and the Department of Justice, Criminal Division, Fraud Section. The defendant agrees to give up indictment and plead guilty to Counts One and Two of a two-count information charging Wire Fraud, 18 U.S.C. § 1343, and Concealment Money Laundering, 18 U.S.C. §§ 1956(a)(1)(B)(i) and 2(b). The defendant agrees to a personal money judgment of forfeiture of $6,643,540, to transmit at least $2.1 million in funds in Pakistan to the United States Treasury and to take all possible steps to liquidate real property in Pakistan purchased for approximately $3.5 million. The parties currently believe the applicable restitution is approximately $6,643,540.
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“Plea Agreement for Defendant Muhammad Noor Ul Ain Atta (Central District of California, Document 22).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00323-dkt-22-c-d-cal-a48ad4123b/
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Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 1 of 37 Page ID #:112
1 STEPHANIE S. CHRISTENSEN 7/20/2022
Acting United States Attorney
2 SCOTT M. GARRINGER VAV
Assistant United States Attorney
3 Chief, Criminal Division
ADAM P. SCHLEIFER (Cal. Bar No. 313818)
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-4849
7 Facsimile: (213) 894-6269
E-mail: adam.schleifer@usdoj.gov
8 LORINDA I. LARYEA
Acting Chief, Fraud Section
9 Criminal Division, U.S. Department of Justice
JENNIFER BILINKAS
10 MATTHEW FRANCIS SULLIVAN
Trial Attorneys, U.S. Department of Justice
11 Criminal Division, Fraud Section
1400 New York Avenue NW, 3rd Floor
12 Washington, DC 20530
Telephone: (202) 305-3928; (202)-353-6200
13 E-mail: Jennifer.Bilinkas@usdoj.gov;
matthew.sullivan2@usdoj.gov
14
Attorneys for Plaintiff
15 UNITED STATES OF AMERICA
16 UNITED STATES DISTRICT COURT
17 FOR THE CENTRAL DISTRICT OF CALIFORNIA
18 UNITED STATES OF AMERICA, CR No. 2:22-cr-00323-PA
19 Plaintiff, PLEA AGREEMENT FOR DEFENDANT
MUHAMMAD NOOR UL AIN ATTA
20 v.
21 MUHAMMAD NOOR UL AIN ATTA,
22 Defendant.
23
24 This constitutes the plea agreement between MUHAMMAD NOOR
25 UL AIN ATTA (“defendant”) and the United States Attorney’s Office for
26 the Central District of California and the United States Department
27 of Justice, Criminal Division, Fraud Section (referred to
28 collectively herein in as the “United States”) in the above-captioned
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 2 of 37 Page ID #:113
1 case. This agreement is limited to the United States and cannot bind
2 any other federal, state, local, or foreign prosecuting, enforcement,
3 administrative, or regulatory authorities.
4 DEFENDANT’S OBLIGATIONS
5 Defendant agrees to:
6 a. Give up the right to indictment by a grand jury and,
7 at the earliest opportunity requested by the United States and
8 provided by the Court, appear and plead guilty to Counts One and Two
9 of a two-count information in the form attached to this agreement as
10 Exhibit A or a substantially similar form, which charges defendant
11 with Wire Fraud in violation of 18 U.S.C. § 1343 (Count One) and
12 Concealment Money Laundering in violation of 18 U.S.C.
13 §§ 1956(a)(1)(B)(i) and 2(b) (Count Two).
14 b. Not contest facts agreed to in this agreement.
15 c. Abide by all agreements regarding sentencing contained
16 in this agreement.
17 d. Appear for all court appearances, surrender as ordered
18 for service of sentence, obey all conditions of any bond, and obey
19 any other ongoing court order in this matter.
20 e. Not commit any crime; however, offenses that would be
21 excluded for sentencing purposes under United States Sentencing
22 Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not
23 within the scope of this agreement.
24 f. Be truthful at all times with the United States
25 Probation and Pretrial Services Office and the Court.
26 g. Pay the applicable special assessments at or before
27 the time of sentencing unless defendant has demonstrated a lack of
28 ability to pay such assessments.
2
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 3 of 37 Page ID #:114
1 h. Defendant agrees that any and all criminal debt
2 ordered by the Court will be due in full and immediately. The
3 government is not precluded from pursuing, in excess of any payment
4 schedule set by the Court, any and all available remedies by which to
5 satisfy defendant’s payment of the full financial obligation,
6 including referral to the Treasury Offset Program.
7 i. Complete the Financial Disclosure Statement on a form
8 provided by the United States and, within 30 days of defendant’s
9 entry of a guilty plea, deliver the signed and dated statement, along
10 with all of the documents requested therein, to the United States by
11 either email at usacac.FinLit@usdoj.gov (preferred) or mail to the
12 USAO Financial Litigation Section at 300 North Los Angeles Street,
13 Suite 7516, Los Angeles, CA 90012. Defendant agrees that defendant’s
14 ability to pay criminal debt shall be assessed based on the completed
15 Financial Disclosure Statement and all required supporting documents,
16 as well as other relevant information relating to ability to pay.
17 j. Authorize the United States to obtain a credit report
18 upon returning a signed copy of this plea agreement.
19 k. Consent to the United States inspecting and copying
20 all of defendant’s financial documents and financial information held
21 by the United States Probation and Pretrial Services Office.
22 3. Defendant further agrees:
23 a. To the entry as part of defendant’s guilty plea of a
24 personal money judgment of forfeiture against defendant in the amount
25 of $6,643,540, which sum defendant admits was derived from proceeds
26 traceable to or involved in the violations described in the factual
27 basis of the plea agreement. Defendant understands that the money
28 judgment of forfeiture is part of defendant’s sentence and is
3
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 4 of 37 Page ID #:115
1 separate from any fines or restitution that may be imposed by the
2 Court.
3 b. Before the time of sentencing, to transmit, as
4 directed by the government and to the United States Treasury, at
5 least $2.1 million in funds currently under defendant’s custody and
6 control in Pakistan, and to take all possible steps to liquidate real
7 property purchased in Pakistan for approximately $3.5 million and
8 transmit all proceeds of any resulting sale to the United States
9 Treasury as directed by the United States, which funds and property
10 defendant admits were derived from proceeds traceable to or involved
11 in the violations described in the factual basis of the plea
12 agreement. Defendant understands and agrees that forfeiture shall
13 not satisfy or affect any fine, lien, penalty, restitution, cost of
14 imprisonment, tax liability or any other debt owed to the United
15 States. Pursuant to the Asset Forfeiture Policy Manual (2021),
16 Chapter 14, Sec. II.B.2 and 28 C.F.R. Part 9.8, upon a determination
17 that the United States can make the required representations set
18 forth therein, the United States agrees to submit a restoration
19 request to the Money Laundering and Asset Recovery Section of the
20 Department of Justice, seeking approval for assets forfeited in
21 satisfaction of the forfeiture money judgment to be restored back to
22 the victims in this case, which may, in turn, satisfy in full or in
23 part any restitution order. The Defendant acknowledges that the
24 Attorney General, or his designee, has the sole discretion to approve
25 or deny the restoration request.
26 c. With respect to any criminal forfeiture ordered as a
27 result of this plea agreement, defendant waives (1) the requirements
28 of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding
4
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 5 of 37 Page ID #:116
1 notice of the forfeiture in the charging instrument, announcements of
2 the forfeiture sentencing, and incorporation of the forfeiture in the
3 judgment; (2) all constitutional and statutory challenges to the
4 forfeiture (including by direct appeal, habeas corpus or any other
5 means); and (3) all constitutional, legal and equitable defenses to
6 the money judgment of forfeiture in any proceeding on any grounds
7 including, without limitation, that the money judgment of forfeiture
8 constitutes an excessive fine or punishment. Defendant acknowledges
9 that entry of the money judgment of forfeiture is part of the
10 sentence that may be imposed in this case and waives any failure by
11 the Court to advise defendant of this, pursuant to Federal Rule of
12 Criminal Procedure 11(b)(1)(J), at the time the Court accepts
13 defendant’s guilty plea.
14 THE UNITED STATES’S OBLIGATIONS
15 The United States agrees to:
16 a. Not contest facts agreed to in this agreement.
17 b. Abide by all agreements regarding sentencing contained
18 in this agreement.
19 c. At the time of sentencing, provided that defendant
20 demonstrates an acceptance of responsibility for the offenses up to
21 and including the time of sentencing, recommend a two-level reduction
22 in the applicable Sentencing Guidelines offense level, pursuant to
23 U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an
24 additional one-level reduction if available under that section.
25 d. Recommend that defendant be sentenced to a term of
26 imprisonment no higher than the low end of the applicable Sentencing
27 Guidelines range, provided that the offense level used by the Court
28 to determine that range is 26 or higher and provided that the Court
5
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 6 of 37 Page ID #:117
1 does not depart downward in offense level or criminal history
2 category. For purposes of this agreement, the low end of the
3 Sentencing Guidelines range is that defined by the Sentencing Table
4 in U.S.S.G. Chapter 5, Part A.
5 NATURE OF THE OFFENSES
6 Defendant understands that for defendant to be guilty of
7 the crime charged in Count One, that is, Wire Fraud in violation of
8 18 U.S.C. § 1343, the following must be true:
9 a. Defendant knowingly devised or participated in a
10 scheme or plan to defraud, or a scheme or plan for obtaining money or
11 property by means of false or fraudulent pretenses, representations,
12 or promises;
13 b. The statements made as part of the scheme were
14 material. That is, they had a natural tendency to influence, or were
15 capable of influencing, a person to part with money or property;
16 c. Defendant acted with the intent to defraud, i.e., with
17 the intent to deceive and cheat; and
18 d. Defendant used, or caused to be used, an interstate
19 wire communication to carry out or attempt to carry out an essential
20 part of the scheme.
21 Defendant understands that for defendant to be guilty of
22 the crime charged in Count Two, that is, Concealment Money Laundering
23 in violation of 18 U.S.C. § 1956(a)(1)(B)(i), the following must be
24 true:
25 a. Defendant conducted or willfully caused a financial
26 transaction involving property that represented the proceeds of wire
27 fraud;
28
6
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 7 of 37 Page ID #:118
1 b. Defendant knew that the property represented the
2 proceeds of some form of unlawful activity; and
3 c. Defendant knew that the transaction was designed in
4 whole or in part to conceal or disguise the nature, location, source,
5 ownership, or control of the proceeds.
6 PENALTIES AND RESTITUTION
7 Defendant understands that the statutory maximum sentence
8 that the Court can impose for a violation 18 U.S.C. § 1343 is: a term
9 of imprisonment of twenty years; a 3-year period of supervised
10 release; a fine of $250,000 or twice the gross gain or gross loss
11 resulting from the offense, whichever is greater; and a mandatory
12 special assessment of $100.
13 Defendant understands that the statutory maximum sentence
14 that the Court can impose for a violation of 18 U.S.C.
15 § 1956(a)(1)(B)(i) is a term of imprisonment of twenty years; a fine
16 of $500,000 or twice the value of the property involved in the
17 transaction, whichever is greater; and a mandatory special assessment
18 of $100.
19 Defendant understands, therefore, that the total maximum
20 sentence for all offenses to which defendant is pleading guilty is:
21 forty years of imprisonment; a 3-year period of supervised release; a
22 fine of $750,000 or twice the gross gain or gross loss resulting from
23 the offense charged in Count One combined with twice the value of the
24 property involved in the transaction charged in Count Two, whichever
25 is greatest; and a mandatory special assessment of $200.
26 Defendant understands that defendant will be required to
27 pay full restitution to the victims of the offenses to which
28 defendant is pleading guilty. Defendant agrees that, in return for
7
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 8 of 37 Page ID #:119
1 the United States’s compliance with its obligations under this
2 agreement, the Court may order restitution to persons other than the
3 victims of the offenses to which defendant is pleading guilty and in
4 amounts greater than those alleged in the counts to which defendant
5 is pleading guilty. In particular, defendant agrees that the Court
6 may order restitution to any victim of any of the following for any
7 losses suffered by that victim as a result: (a) any relevant conduct,
8 as defined in U.S.S.G. § 1B1.3, in connection with the offenses to
9 which defendant is pleading guilty; and (b) any count dismissed and
10 charge not prosecuted pursuant to this agreement as well as all
11 relevant conduct, as defined in U.S.S.G. § 1B1.3, in connection with
12 those counts. The parties currently believe that the applicable
13 amount of restitution is approximately $6,643,540, but recognize and
14 agree that this amount could change based on facts that come to the
15 attention of the parties prior to sentencing.
16 The Court will also order the imposition of a forfeiture
17 money judgment as described in paragraph 3 of this agreement.
18 Defendant understands that supervised release is a period
19 of time following imprisonment during which defendant will be subject
20 to various restrictions and requirements. Defendant understands that
21 if defendant violates one or more of the conditions of any supervised
22 release imposed, defendant may be returned to prison for all or part
23 of the term of supervised release authorized by statute for the
24 offense that resulted in the term of supervised release, which could
25 result in defendant serving a total term of imprisonment greater than
26 the statutory maximum stated above.
27 Defendant understands that, by pleading guilty, defendant
28 may be giving up valuable government benefits and valuable civic
8
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 9 of 37 Page ID #:120
1 rights, such as the right to vote, the right to possess a firearm,
2 the right to hold office, and the right to serve on a jury. Defendant
3 understands that he is pleading guilty to a felony and that it is a
4 federal crime for a convicted felon to possess a firearm or
5 ammunition. Defendant understands that the convictions in this case
6 may also subject defendant to various other collateral consequences,
7 including but not limited to revocation of probation, parole, or
8 supervised release in another case and suspension or revocation of a
9 professional license. Defendant understands that unanticipated
10 collateral consequences will not serve as grounds to withdraw
11 defendant’s guilty pleas.
12 14. Defendant and his counsel have discussed the fact that, and
13 defendant understands that, if defendant is not a United States
14 citizen, the convictions in this case makes it practically inevitable
15 and a virtual certainty that defendant will be removed or deported
16 from the United States. Defendant may also be denied United States
17 citizenship and admission to the United States in the future.
18 Defendant understands that while there may be arguments that
19 defendant can raise in immigration proceedings to avoid or delay
20 removal, removal is presumptively mandatory and a virtual certainty
21 in this case. Defendant further understands that removal and
22 immigration consequences are the subject of a separate proceeding and
23 that no one, including his attorney or the Court, can predict to an
24 absolute certainty the effect of his convictions on his immigration
25 status. Defendant nevertheless affirms that he wants to plead guilty
26 regardless of any immigration consequences that his pleas may entail,
27 even if the consequence is automatic removal from the United States.
28
9
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 10 of 37 Page ID #:121
1 FACTUAL BASIS
2 Defendant admits that defendant is, in fact, guilty of the
3 offenses to which defendant is agreeing to plead guilty. Defendant
4 and the United States agree to the statement of facts provided below
5 and agree that this statement of facts is sufficient to support pleas
6 of guilty to the charges described in this agreement and to establish
7 the Sentencing Guidelines factors set forth in paragraph 17 below but
8 is not meant to be a complete recitation of all facts relevant to the
9 underlying criminal conduct or all facts known to either party that
10 relate to that conduct.
11 Beginning in or about March 2020 and continuing through in or
12 about July 2020, in Los Angeles and Riverside Counties, within the
13 Central District of California, and elsewhere, defendant knowingly
14 and with intent to defraud, devised, participated in, and executed a
15 scheme to defraud the SBA and an SBA-approved lender by means of
16 materially false and fraudulent pretenses, representations, and
17 promises by fraudulently obtaining federal disaster relief funds
18 distributed through the Paycheck Protection Program (“PPP”) and
19 Economic Injury Disaster Loan (“EIDL”) program, and by fraudulently
20 using and concealing those funds.
21 Defendant was the owner of Fontana CK Inc., American Auto Barn
22 LLC, Envisioning Future Inc., Wermer Construction Inc., and Camel and
23 Camel Inc., which were businesses registered in California.
24 Defendant also controlled Liberty RV, LLC and CKSC, LLC, which were
25 businesses registered in California. At no time in 2019 or the first
26 two quarters of 2020 did any of these businesses file any quarterly
27 federal taxes or tax forms, and during that same time period, they
28 existed only as “shell companies.” Defendant controlled business
10
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 11 of 37 Page ID #:122
1 checking accounts, maintained at Bank of America, ending in 6052,
2 0859, 2143, 0251, 1858, and 3333, and used these accounts to receive
3 fraudulent PPP and EIDL proceeds.
4 On or about April 10, 2020, defendant caused the submission of
5 an application to Lender A in the name of Envisioning Future Inc.
6 (“Envisioning Future”) seeking a PPP loan in the amount of
7 $1,267,714, which application: (a) falsely represented that
8 Envisioning Future had 73 employees, including employees for whom it
9 paid wages and payroll taxes; and (b) falsely certified Envisioning
10 Future would use the loan proceeds for permissible business purposes.
11 On or about April 10, 2020, defendant caused the submission of
12 false and fraudulent documents to Lender A in support of the
13 Envisioning Future PPP loan application, including: (a) falsified
14 Internal Revenue Service (“IRS”) Employer’s Quarterly Federal Tax
15 Returns (IRS Form 941) for Envisioning Future for each quarter of
16 2019 and the first quarter of 2020; and (b) false payroll data and
17 documentation for Envisioning Future, including documents purporting
18 to be payroll registers for 2019 and the first quarter of 2020,
19 purporting to show wages paid to its employees.
20 In reliance upon defendant’s materially false statements, Lender
21 A approved and funded the Envisioning Future PPP loan, and on or
22 about May 12, 2020, Lender A wired approximately $1,267,140 in
23 proceeds from the Envisioning Future PPP loan to the Envisioning
24 Future Account controlled by defendant.
25 On or about May 13, 2020, defendant caused a cashier’s check for
26 approximately $1,277,000 drawn from the Envisioning Future Account,
27 which in substantial part came from the Envisioning Future PPP loan
28
11
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 12 of 37 Page ID #:123
1 proceeds, to be deposited into his mother’s personal account bank
2 account at Bank of America ending 3283 (“S.M. Account #1”).
3 On or about June 22, 2020, defendant willfully caused
4 approximately $1,376,627, which in substantial part comprised the
5 $1,267,140 in the Envisioning Future PPP loan proceeds, to be wired
6 from the S.M. Account #1 to a financial institution in Islamabad,
7 Pakistan, which was controlled by individuals other than defendant.
8 The wire transfer details included a note that the wire was “family
9 support.”
10 Defendant also knowingly submitted false and fraudulent
11 information, including the existence of payroll expenses, the
12 creation and submission of false information in purported IRS tax
13 forms, and the operational status of the businesses, in the PPP and
14 EIDL applications described in the table below. Defendant made these
15 false and fraudulent statements knowing they were material, and in
16 order to induce the SBA, and the PPP lender described in the table
17 below, to approve the EIDL and PPP loans and cause the loan proceeds
18 to be transferred via interstate wire to his bank accounts.
19
20
21
22
23
24
25
26
27
28
12
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 13 of 37 Page ID #:124
1 Approx. Approx.
Business Loan
No. Disbursed Processor/Lender Date
2 Applicant Type
Loan Amount Funded
3
1 Fontana CK $1,908,595 Lender A PPP 6/5/2020
4
5 Liberty RV
2 Lender A PPP 5/12/2020
LLC $260,275
6 Liberty RV
3 SBA EIDL 7/2/2020
LLC $150,000
7 American
4 Lender A PPP 5/12/2020
Auto Barn $401,175
8
Envisioning
6 Lender A PPP 5/12/2020
9 Future Inc. $1,267,140
10 Envisioning
7 SBA EIDL 6/12/2020
Future Inc. $150,000
11 Wermer
8 Construction Lender A PPP 5/13/2020
12
Inc. $326,335
13 Wermer
9 Construction SBA EIDL 7/2/2020
14 Inc. $150,000
15
10 CKCB LLC $1,020,230 Lender A PPP 6/3/2020
16
Camel and
11 $859,790 Lender A PPP 6/3/2020
17 Camel
18
19 Furthermore, in each of the above PPP and EIDL applications
20 submitted by defendant, defendant certified that, as the authorized
21 representative of the businesses on whose behalf the applications
22 were submitted, defendant knew and understood the terms and rules of
23 the PPP and EIDL programs, and that the funds were to be used by the
24 recipient to only pay certain authorized business expenses. Instead
25 of using the PPP and EIDL loan proceeds for their stated and
26 authorized business purposes consistent with PPP and EIDL rules,
27 however, defendant knowingly misappropriated and used the PPP and
28 EIDL loan proceeds for his own personal benefit, including for the
13
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 14 of 37 Page ID #:125
1 purpose of concealing the source, nature, and location of his
2 fraudulently derived funds through the purchase of cashier checks and
3 through transfers of his ill-gotten gains to bank accounts in
4 Pakistan.
5 Defendant admits and agrees that, in executing the above-
6 described scheme to defraud the SBA and Lender A, defendant employed
7 sophisticated means and generated ill-gotten gains and caused
8 equivalent losses in the approximate amount of $6,643,540.
9 SENTENCING FACTORS
10 Defendant understands that in determining defendant’s
11 sentence the Court is required to calculate the applicable Sentencing
12 Guidelines range and to consider that range, possible departures
13 under the Sentencing Guidelines, and the other sentencing factors set
14 forth in 18 U.S.C. § 3553(a). Defendant understands that the
15 Sentencing Guidelines are advisory only, that defendant cannot have
16 any expectation of receiving a sentence within the calculated
17 Sentencing Guidelines range, and that after considering the
18 Sentencing Guidelines and the other § 3553(a) factors, the Court will
19 be free to exercise its discretion to impose any sentence it finds
20 appropriate up to the maximum set by statute for the crimes of
21 conviction.
22
23
24
25
26
27
28
14
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 15 of 37 Page ID #:126
1 Defendant and the United States agree to the following
2 applicable Sentencing Guidelines factors:
3 Base Offense Level: 7 U.S.S.G. §2B1.1(a)(1)
4 Specific Offense
Characteristics:
5
Loss Exceeding $3,500,000 +18 U.S.S.G. § 2B1.1(b)(1)(J)
6
Sophisticated Means +2 U.S.S.G. § 2B1.1(b)(10)(C)
7
Conviction Under § 1956 +2 U.S.S.G § 2S1.1(b)(2)(B)
8
9 Defendant and the United States reserve the right to argue that
10 additional specific offense characteristics, adjustments, and
11 departures under the Sentencing Guidelines are appropriate.
12 Defendant understands that there is no agreement as to
13 defendant’s criminal history or criminal history category.
14 Defendant and the United States reserve the right to argue
15 for a sentence outside the sentencing range established by the
16 Sentencing Guidelines based on the factors set forth in 18 U.S.C.
17 § 3553(a)(1), (a)(2), (a)(3), (a)(6), and (a)(7).
18 WAIVER OF CONSTITUTIONAL RIGHTS
19 Defendant understands that by pleading guilty, defendant
20 gives up the following rights:
21 a. The right to persist in a plea of not guilty.
22 b. The right to a speedy and public trial by jury.
23 c. The right to be represented by counsel –- and if
24 necessary have the Court appoint counsel -- at trial. Defendant
25 understands, however, that, defendant retains the right to be
26 represented by counsel –- and if necessary have the Court appoint
27 counsel –- at every other stage of the proceeding.
28
15
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 16 of 37 Page ID #:127
1 d. The right to be presumed innocent and to have the
2 burden of proof placed on the government to prove defendant guilty
3 beyond a reasonable doubt.
4 e. The right to confront and cross-examine witnesses
5 against defendant.
6 f. The right to testify and to present evidence in
7 opposition to the charges, including the right to compel the
8 attendance of witnesses to testify.
9 g. The right not to be compelled to testify, and, if
10 defendant chose not to testify or present evidence, to have that
11 choice not be used against defendant.
12 h. Any and all rights to pursue any affirmative defenses,
13 Fourth Amendment or Fifth Amendment claims, and other pretrial
14 motions that have been filed or could be filed.
15 WAIVER OF APPEAL OF CONVICTION
16 Defendant understands that, with the exception of an appeal
17 based on a claim that defendant’s guilty pleas were involuntary, by
18 pleading guilty defendant is waiving and giving up any right to
19 appeal defendant’s convictions on the offenses to which defendant is
20 pleading guilty. Defendant understands that this waiver includes,
21 but is not limited to, arguments that the statutes to which defendant
22 is pleading guilty are unconstitutional, and any and all claims that
23 the statement of facts provided herein is insufficient to support
24 defendant’s pleas of guilty.
25 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
26 Defendant agrees that, provided the Court imposes a total
27 term of imprisonment on all counts of conviction of no more than 78
28 months, defendant gives up the right to appeal all of the following:
16
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 17 of 37 Page ID #:128
1 (a) the procedures and calculations used to determine and impose any
2 portion of the sentence; (b) the term of imprisonment imposed by the
3 Court; (c) the fine imposed by the Court, provided it is within the
4 statutory maximum; (d) to the extent permitted by law, the
5 constitutionality or legality of defendant’s sentence, provided it is
6 within the statutory maximum; (e) the amount and terms of any
7 restitution order, provided it requires payment of no more than
8 $7,000,000; (f) the term of probation or supervised release imposed
9 by the Court, provided it is within the statutory maximum; and
10 (g) any of the following conditions of probation or supervised
11 release imposed by the Court: the conditions set forth in Second
12 Amended General Order 20-04 of this Court; the drug testing
13 conditions mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d); and the
14 alcohol and drug use conditions authorized by 18 U.S.C. § 3563(b)(7).
15 The United States agrees that, provided (a) all portions of
16 the sentence are at or below the statutory maximum specified above
17 and (b) the Court imposes a term of imprisonment of no less than 63
18 months, the United States gives up its right to appeal any portion of
19 the sentence, with the exception that the United States reserves the
20 right to appeal the amount of restitution ordered if that amount is
21 less than $6,643,540.
22 RESULT OF WITHDRAWAL OF GUILTY PLEA
23 Defendant agrees that if, after entering guilty pleas
24 pursuant to this agreement, defendant seeks to withdraw and succeeds
25 in withdrawing defendant’s guilty pleas on any basis other than a
26 claim and finding that entry into this plea agreement was
27 involuntary, then (a) the United States will be relieved of all of
28 its obligations under this agreement; and (b) should the United
17
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 18 of 37 Page ID #:129
1 States choose to pursue any charge or any civil, administrative, or
2 regulatory action that was either dismissed or not filed as a result
3 of this agreement, then (i) any applicable statute of limitations
4 will be tolled between the date of defendant’s signing of this
5 agreement and the filing commencing any such action; and
6 (ii) defendant waives and gives up all defenses based on the statute
7 of limitations, any claim of pre-indictment delay, or any speedy
8 trial claim with respect to any such action, except to the extent
9 that such defenses existed as of the date of defendant’s signing this
10 agreement.
11 EFFECTIVE DATE OF AGREEMENT
12 This agreement is effective upon signature and execution of
13 all required certifications by defendant, defendant’s counsel, and an
14 Assistant United States Attorney.
15 BREACH OF AGREEMENT
16 Defendant agrees that if defendant, at any time after the
17 effective date of the agreement, knowingly violates or fails to
18 perform any of defendant’s obligations under this agreement (“a
19 breach”), the United States may declare this agreement breached. All
20 of defendant’s obligations are material, a single breach of this
21 agreement is sufficient for the United States to declare a breach,
22 and defendant shall not be deemed to have cured a breach without the
23 express agreement of the United States in writing. If the United
24 States declares this agreement breached, and the Court finds such a
25 breach to have occurred, then: (a) if defendant has previously
26 entered guilty pleas pursuant to this agreement, defendant will not
27 be able to withdraw the guilty pleas, and (b) the United States will
28 be relieved of all its obligations under this agreement.
18
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1 Following the Court’s finding of a knowing breach of this
2 agreement by defendant, should the United States choose to pursue any
3 charge or any civil, administrative, or regulatory action that was
4 either dismissed or not filed as a result of this agreement, then:
5 a. Defendant agrees that any applicable statute of
6 limitations is tolled between the date of defendant’s signing of this
7 agreement and the filing commencing any such action.
8 b. Defendant waives and gives up all defenses based on
9 the statute of limitations, any claim of pre-indictment delay, or any
10 speedy trial claim with respect to any such action, except to the
11 extent that such defenses existed as of the date of defendant’s
12 signing this agreement.
13 c. Defendant agrees that: (i) any statements made by
14 defendant, under oath, at the guilty plea hearing (if such a hearing
15 occurred prior to the breach); (ii) the agreed to factual basis
16 statement in this agreement; and (iii) any evidence derived from such
17 statements, shall be admissible against defendant in any such action
18 against defendant, and defendant waives and gives up any claim under
19 the United States Constitution, any statute, Rule 410 of the Federal
20 Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal
21 Procedure, or any other federal rule, that the statements or any
22 evidence derived from the statements should be suppressed or are
23 inadmissible.
24 COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES
25 OFFICE NOT PARTIES
26 Defendant understands that the Court and the United States
27 Probation and Pretrial Services Office are not parties to this
28 agreement and need not accept any of the United States’s sentencing
19
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 20 of 37 Page ID #:131
1 recommendations or the parties’ agreements to facts or sentencing
2 factors.
3 Defendant understands that both defendant and the United
4 States are free to: (a) supplement the facts by supplying relevant
5 information to the United States Probation and Pretrial Services
6 Office and the Court, (b) correct any and all factual misstatements
7 relating to the Court’s Sentencing Guidelines calculations and
8 determination of sentence, and (c) argue on appeal and collateral
9 review that the Court’s Sentencing Guidelines calculations and the
10 sentence it chooses to impose are not error, although each party
11 agrees to maintain its view that the calculations in paragraph 17 are
12 consistent with the facts of this case. While this paragraph permits
13 both the United States and defendant to submit full and complete
14 factual information to the United States Probation and Pretrial
15 Services Office and the Court, even if that factual information may
16 be viewed as inconsistent with the facts agreed to in this agreement,
17 this paragraph does not affect defendant’s and the United States’s
18 obligations not to contest the facts agreed to in this agreement.
19 Defendant understands that even if the Court ignores any
20 sentencing recommendation, finds facts or reaches conclusions
21 different from those agreed to, and/or imposes any sentence up to the
22 maximum established by statute, defendant cannot, for that reason,
23 withdraw defendant’s guilty pleas, and defendant will remain bound to
24 fulfill all defendant’s obligations under this agreement. Defendant
25 understands that no one –- not the prosecutor, defendant’s attorney,
26 or the Court –- can make a binding prediction or promise regarding
27 the sentence defendant will receive, except that it will be within
28 the statutory maximum.
20
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 21 of 37 Page ID #:132
1 NO ADDITIONAL AGREEMENTS
2 Defendant understands that, except as set forth herein,
3 there are no promises, understandings, or agreements between the
4 United States and defendant or defendant’s attorney, and that no
5 additional promise, understanding, or agreement may be entered into
6 unless in a writing signed by all parties or on the record in court.
7 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
8 The parties agree that this agreement will be considered
9 part of the record of defendant’s guilty plea hearing as if the
10 entire agreement had been read into the record of the proceeding.
11 AGREED AND ACCEPTED
12 UNITED STATES ATTORNEY’S OFFICE
FOR THE CENTRAL DISTRICT OF
13 CALIFORNIA
14 STEPHANIE S. CHRISTENSEN
Acting United States Attorney
15
16 July 20, 2022
ADAM P. SCHLEIFER Date
17 Assistant United States Attorney
18 JENNIFER BILINKAS
MATTHEW FRANCIS SULLIVAN
19 Trial Attorneys, DOJ Fraud Section
20
21
22 MUHAMMAD ATTA Date
Defendant
23
24 DEAN STEWARD Date
Attorney for Defendant MUHAMMAD
25 ATTA
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28
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Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 22 of 37 Page ID #:133
1 CERTIFICATION OF DEFENDANT
2 I have read this agreement in its entirety. I have had enough
3 time to review and consider this agreement, and I have carefully and
4 thoroughly discussed every part of it with my attorney. I understand
5 the terms of this agreement, and I voluntarily agree to those terms.
6 I have discussed the evidence with my attorney, and my attorney has
7 advised me of my rights, of possible pretrial motions that might be
8 filed, of possible defenses that might be asserted either prior to or
9 at trial, of the sentencing factors set forth in 18 U.S.C. § 3553(a),
10 of relevant Sentencing Guidelines provisions, and of the consequences
11 of entering into this agreement. No promises, inducements, or
12 representations of any kind have been made to me other than those
13 contained in this agreement. No one has threatened or forced me in
14 any way to enter into this agreement. I am satisfied with the
15 representation of my attorney in this matter, and I am pleading
16 guilty because I am guilty of the charges and wish to take advantage
17 of the promises set forth in this agreement, and not for any other
18 reason.
19
20 MUHAMMAD ATTA Date
Defendant
21
22
23 CERTIFICATION OF DEFENDANT’S ATTORNEY
24 I am MUHAMMAD ATTA’s attorney. I have carefully and thoroughly
25 discussed every part of this agreement with my client. Further, I
26 have fully advised my client of his rights, of possible pretrial
27 motions that might be filed, of possible defenses that might be
28 asserted either prior to or at trial, of the sentencing factors set
22
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 23 of 37 Page ID #:134
1 forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
2 provisions, and of the consequences of entering into this agreement.
3 To my knowledge: no promises, inducements, or representations of any
4 kind have been made to my client other than those contained in this
5 agreement; no one has threatened or forced my client in any way to
6 enter into this agreement; my client’s decision to enter into this
7 agreement is an informed and voluntary one; and the factual basis set
8 forth in this agreement is sufficient to support my client’s entry of
9 guilty pleas pursuant to this agreement.
10
11 DEAN STEWARD Date
Attorney for Defendant MUHAMMAD
12 ATTA
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1 EXHIBIT A
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Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 28 of 37 Page ID #:139
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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 UNITED STATES OF AMERICA, CR No.
11 Plaintiff, I N F O R M A T I O N
12 v. [18 U.S.C. § 1343: Wire Fraud; 18
U.S.C. 1956(a)(1)(B)(i):
13 MUHAMMAD NOOR UL AIN ATTA, Laundering of Monetary
Instruments; 18 U.S.C.
14 §§ 981(a)(1)(C), 982; 28 U.S.C.
Defendant. § 2461(c): Criminal Forfeiture]
15
16 The Acting United States Attorney charges:
17 COUNT ONE
18 [18 U.S.C. § 1343]
19 A. INTRODUCTORY ALLEGATIONS
20 At times relevant to this Information:
21 1. Defendant MUHAMMAD NOOR UL AIN ATTA was a resident of
22 Corona, California.
23 2. S.M. was a relative of defendant ATTA and a resident of La
24 Verne, California.
25 3. Envisioning Future Inc. was incorporated in or around April
26 2008 by defendant ATTA. Defendant ATTA was listed as the
27 incorporator, CEO, CFO, President, Secretary, sole director, and
28 agent for service of process for the entity.
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 29 of 37 Page ID #:140
1 4. Bank 1 was a financial institution that was insured by the
2 Federal Deposit Insurance Corporation.
3 5. Defendant ATTA controlled and was the sole signatory to a
4 business checking account in the name of Envisioning Future Inc.,
5 maintained at Bank 1, with an account number ending in 0859 (the
6 “Envisioning Future Account”) in Eastvale, California.
7 6. S.M. maintained and was a signatory to a personal checking
8 account in the name of S.M. ending in 3283 at Bank 1 (“S.M. Account
9 #1”) in Eastvale, California.
10 7. The Coronavirus Aid, Relief, and Economic Security
11 (“CARES”) Act was a federal law enacted in or about March 2020 that
12 was designed to provide emergency financial assistance to Americans
13 suffering economic harm as a result of the COVID-19 pandemic. One
14 form of assistance provided by the CARES Act was the authorization of
15 United States taxpayer funds in forgivable loans to small businesses
16 for job retention and certain other expenses, through a program
17 referred to as the Paycheck Protection Program (“PPP”).
18 8. In order to obtain a PPP loan, a qualifying business was
19 required to submit a PPP loan application signed by an authorized
20 representative of the business. The PPP loan application required
21 the small business (through its authorized representative) to
22 acknowledge the program rules and make certain affirmative
23 certifications in order to be eligible to obtain the PPP loan. One
24 such certification required the applicant to affirm that “[t]he [PPP
25 loan] funds w[ould] be used to retain workers and maintain payroll or
26 make mortgage interest payments, lease payments, and utility
27 payments.” The applicant (through its authorized representative) was
28 also required to acknowledge that “I understand that if the funds are
2
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 30 of 37 Page ID #:141
1 used for unauthorized purposes, the federal government may pursue
2 criminal fraud charges.” In the PPP loan application, the applicant
3 was required to state, among other things, its: (a) average monthly
4 payroll expenses; and (b) number of employees. These figures were
5 used to calculate the amount of money the small business was eligible
6 to receive under the PPP. In addition, the applicant was required to
7 provide documentation showing its payroll expenses.
8 9. A business’s PPP loan application was received and
9 processed, in the first instance, by a participating financial
10 institution. If a PPP loan application was approved, the
11 participating financial institution would fund the PPP loan using its
12 own monies.
13 10. Lender A was a non-bank lender approved to participate in
14 the PPP by the United States Small Business Administration (“SBA”).
15 11. Businesses were required to apply PPP loan proceeds only to
16 certain permissible categories of expense, namely, payroll costs,
17 interest on mortgages, rent, and utilities. The PPP allowed the
18 interest and principal on the PPP loan to be forgiven if the business
19 applied the loan proceeds to the specified permissible categories of
20 expense within a designated period of time and used at least a
21 minimum amount of the PPP loan proceeds towards payroll expenses.
22 12. The Economic Injury Disaster Loan Program (“EIDL”) was an
23 SBA program that provided low-interest financing to small businesses,
24 renters, and homeowners in regions affected by declared disasters.
25 13. The CARES Act authorized the SBA to provide EIDL loans of
26 up to $2 million to eligible small businesses experiencing
27 substantial financial disruption due to the COVID-19 pandemic.
28
3
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 31 of 37 Page ID #:142
1 14. To obtain an EIDL loan, a qualifying business was required
2 to submit an application to the SBA and provide information about the
3 business’s operations, such as the number of employees, gross
4 revenues for the 12-month period preceding the disaster, and cost of
5 goods sold in the 12-month period preceding the disaster. In the
6 case of EIDL loans for COVID-19 relief, the 12-month period was the
7 12-month period from January 31, 2019, to January 31, 2020. The
8 applicant was also required to certify that all of the information in
9 the application was true and correct to the best of the applicant’s
10 knowledge.
11 15. EIDL loan applications were submitted directly to the SBA
12 and processed by the agency with support from a government
13 contractor. The amount of the loan, if the application was approved,
14 was determined based, in part, on the information provided by the
15 applicant about employment, revenue, and cost of goods sold. Any
16 funds issued under an EIDL loan were issued directly by the SBA.
17 16. EIDL loan funds could be used for payroll expenses, sick
18 leave, production costs, and business obligations, such as debts,
19 rent, and mortgage payments. If the applicant also obtained a loan
20 under the PPP, the EIDL loan funds could not be used for the same
21 purpose as the PPP loan funds.
22 B. SCHEME TO DEFRAUD
23 17. Beginning in or around March 2020 and continuing through in
24 or around July 2020, in Los Angeles and Riverside Counties, within
25 the Central District of California, and elsewhere, defendant ATTA,
26 knowingly and with intent to defraud, devised, participated in, and
27 executed a scheme to defraud the SBA and SBA-approved Lender A as to
28 material matters, and to obtain money and property from the SBA and
4
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 32 of 37 Page ID #:143
1 Lender A by means of materially false and fraudulent pretenses,
2 representations, and promises.
3 18. The scheme to defraud operated, in substance, as follows:
4 a. Defendant ATTA applied for PPP and EIDL loans on
5 behalf of various business entities he controlled that existed “on
6 paper” but maintained no ongoing business operations, including
7 Envisioning Future Inc. (the “Shell Companies”).
8 b. To induce the SBA and Lender A to approve the PPP and
9 EIDL loans filed on behalf of the Shell Companies, defendant ATTA
10 included false and fraudulent statements in the loan applications,
11 including false representations regarding the number of employees to
12 whom the Shell Companies had paid wages, the average monthly payroll,
13 and the gross receipts earned by the purported businesses.
14 c. Defendant ATTA electronically submitted fictitious
15 documents to the SBA and Lender A in support of the fraudulent PPP
16 and EIDL loan applications, including false tax documents on behalf
17 of the Shell Companies.
18 d. As part of the PPP and EIDL applications he submitted,
19 defendant ATTA falsely certified that the PPP and EIDL funds were to
20 be used only to pay certain authorized business expenses. Defendant
21 ATTA instead knowingly misappropriated the PPP and EIDL loan proceeds
22 for his own prohibited personal benefit rather than using the
23 proceeds to pay authorized business expenses as he had certified he
24 would do.
25 e. By the materially false and fraudulent representations
26 defendant ATTA included in his applications for PPP and EIDL loans,
27 defendant ATTA caused Lender A to transfer via interstate wire PPP
28
5
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 33 of 37 Page ID #:144
1 and EIDL loan proceeds to the Envisioning Future Account and other
2 accounts in the names of the Shell Companies.
3 f. To conceal the PPP and EIDL loan proceeds he
4 fraudulently obtained and disguise his misuse of funds, defendant
5 ATTA transferred and caused others to transfer the funds in various
6 ways, including through the purchase of cashiers’ checks made out to
7 S.M., the deposit of those cashiers’ checks into S.M. Account #1, and
8 the wiring of the funds from S.M. Account #1 to bank accounts in
9 Pakistan.
10 19. As a result of his scheme, defendant fraudulently obtained
11 approximately $6,643,540 in PPP and EIDL loan proceeds to which he
12 knew he was not entitled.
13 C. USE OF INTERSTATE WIRES
14 20. On or about May 12, 2020, in Los Angeles and Riverside
15 Counties, within the Central District of California, and elsewhere,
16 defendant ATTA, for the purpose of executing the above-described
17 scheme to defraud, caused the transmission of an item by means of
18 wire communication in interstate commerce, namely, a wire transfer of
19 approximately $1,267,140 in PPP loan proceeds from Lender A to the
20 Envisioning Future Account.
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Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 34 of 37 Page ID #:145
1 COUNT TWO
2 [18 U.S.C. §§ 1956(a)(1)(B)(i), 2(b)]
3 21. The Acting United States Attorney realleges paragraphs 1
4 through 16 and 18 through 20 of this Information here.
5 22. On or about May 13, 2020, in Los Angeles and Riverside
6 Counties, within the Central District of California, and elsewhere,
7 defendant ATTA knowingly conducted, and willfully caused others to
8 conduct, a financial transaction, namely, the deposit of a cashier’s
9 check for $1,277,000 into S.M. Account #1, knowing that the property
10 involved in the transaction represented the proceeds of some form of
11 unlawful activity, and which property was, in fact, the proceeds of
12 specified unlawful activity, namely, Wire Fraud, in violation of
13 Title 18, United States Code, Section 1343, and knowing that the
14 transaction was designed in whole and in part to conceal and disguise
15 the nature, location, source, ownership, and control of such
16 proceeds.
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Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 35 of 37 Page ID #:146
1 FORFEITURE ALLEGATION ONE
2 [18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)]
3 1. Pursuant to Rule 32.2 of the Federal Rules of Criminal
4 Procedure, notice is hereby given that the United States of America
5 will seek forfeiture as part of any sentence, pursuant to Title 18,
6 United States Code, Section 981(a)(1)(C) and Title 28, United States
7 Code, Section 2461(c), in the event of the defendant’s conviction of
8 the offense set forth in Count One of this Information.
9 2. The defendant, if so convicted, shall forfeit to the United
10 States of America the following:
11 (a) All right, title, and interest in any and all
12 property, real or personal, constituting, or derived from, any
13 proceeds traceable to the offenses; and
14 (b) To the extent such property is not available for
15 forfeiture, a sum of money equal to the total value of the property
16 described in subparagraph (a).
17 3. Pursuant to Title 21, United States Code, Section 853(p),
18 as incorporated by Title 28, United States Code, Section 2461(c), the
19 defendant, if so convicted, shall forfeit substitute property, up to
20 the value of the property described in the preceding paragraph if, as
21 the result of any act or omission of the defendant, the property
22 described in the preceding paragraph or any portion thereof (a)
23 cannot be located upon the exercise of due diligence; (b) has been
24 transferred, sold to, or deposited with a third party; (c) has been
25 placed beyond the jurisdiction of the court; (d) has been
26 substantially diminished in value; or (e) has been commingled with
27 other property that cannot be divided without difficulty.
28
8
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 36 of 37 Page ID #:147
1 FORFEITURE ALLEGATION TWO
2 [18 U.S.C. § 982]
3 1. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal
4 Procedure, notice is hereby given that the United States will seek
5 forfeiture as part of any sentence, pursuant to Title 18, United
6 States Code, Section 982(a)(1), in the event of the defendant’s
7 conviction of the offense set forth in Count Two of this Information.
8 2. The defendant, if so convicted, shall forfeit to the United
9 States of America the following:
10 (a) Any property, real or personal, involved in such
11 offense, and any property traceable to such property; and
12 (b) To the extent such property is not available for
13 forfeiture, a sum of money equal to the total value of the property
14 described in subparagraph (a).
15 3. Pursuant to Title 21, United States Code, Section 853(p), as
16 incorporated by Title 18, United States Code, Section 982(b)(1), and
17 Title 18, United States Code, Section 982(b)(2), the defendant, if so
18 convicted, shall forfeit substitute property, if, by any act or
19 omission of the defendant, the property described in the preceding
20 paragraph, or any portion thereof: (a) cannot be located upon the
21 exercise of due diligence; (b) has been transferred, sold to, or
22 deposited with a third party; (c) has been placed beyond the
23 jurisdiction of the court; (d) has been substantially diminished in
24 value; or (e) has been commingled with other property that cannot be
25 divided without difficulty. Substitution of assets shall not be
26 ordered, however, where the convicted defendant acted merely as an
27 intermediary who handled but did not retain the property in the
28 course of the money laundering offense unless the defendant, in
9
Case 2:22-cr-00323-PA Document 22 Filed 07/20/22 Page 37 of 37 Page ID #:148
1 committing the offense or offenses giving rise to the forfeiture,
2 conducted three or more separate transactions involving a total of
3 $100,000.00 or more in any twelve-month period.
4
STEPHANIE S. CHRISTENSEN
5 Acting United States Attorney
6
7
SCOTT M. GARRINGER
8 Assistant United States Attorney
Chief, Criminal Division
9
RANEE A. KATZENSTEIN
10 Assistant United States Attorney
Chief, Major Frauds Section
11
LORINDA I. LARYEA
12 Acting Chief, Fraud Section
Criminal Division
13 United States Department of Justice
14 ALEXANDER B. SCHWAB
Assistant United States Attorney
15 Deputy Chief, Major Frauds Section
16 ADAM SCHLEIFER
Assistant United States Attorney
17 Major Frauds Section
18 JENNIFER BILINKAS
Trial Attorney, Fraud Section
19 Criminal Division
United States Department of Justice
20
MATTHEW FRANCIS SULLIVAN
21 Trial Attorney, Fraud Section
Criminal Division
22 United States Department of Justice
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