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Home Source documents Plea Agreement for Defendant Muhammad Noor Ul Ain Atta (Central District of California, Document 22)

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.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“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/, SHA-256 6ed1c1aa2b64d5acd69ddea4a6a35dc65f4df85b762f0fd14ff34ef82c392ee5.

Full text

     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
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     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

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     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
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 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
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 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
26

27

28

                                          21
     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
13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                          23
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 1                                      EXHIBIT A

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
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 1

 2

 3

 4

 5

 6

 7

 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.
21

22

23

24

25

26

27

28
                                             6
     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.

17

18

19

20

21

22

23

24

25

26

27

28
                                             7
     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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