Plea Agreement — United States v. Evan Graves (M.D. Fla.)
Summary
A Plea Agreement in United States of America v. Evan Graves, Case 2:23-cr-00144-SPC-KCD, in the U.S. District Court for the Middle District of Florida, Fort Myers Division, filed December 5, 2023 as Document 5. The defendant agrees to plead guilty to Count One of the Information, Wire Fraud under 18 U.S.C. § 1343, carrying a maximum of twenty years imprisonment, and to make full restitution to the United States Small Business Administration. The defendant agrees to forfeit approximately $1,355,600.00 and several Fort Myers real properties. The factual basis describes EIDL loans to entities including Tic Toe Investments LLC and Onestar Capital Properties LLC and states that EIDL funds were used to pay debts, satisfy mortgages and purchase real estate.
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Cite this document
“Plea Agreement — United States v. Evan Graves (M.D. Fla.).”
Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cr-00144-dkt-5-m-d-fla-1300cf68a9/
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Case 2:23-cr-00144-SPC-KCD Document 5 Filed 12/05/23 Page 1 of 19 PageID 12
AF Approval 'T£'K..for SCN Chief Approv~
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DMSION
UNITED STATES OF AMERICA
V. CASE NO. 2:23-cr-l'f't-SfC.. -l'C..O
EVAN GRAVES
PLEA AGREEMENT
Pursuant to Fed. R. Crim. P. 1l(c), the United States of America, by Roger B.
Handberg, United States Attorney for the Middle District of Florida, and the
defendant, Evan Graves, and the attorney for the defendant, Douglas Molloy, Esq.,
mutually agree as follows:
A. Particularized Terms
1. Count(s) Pleading To
The defendant shall enter a plea of guilty to Count One of the
Information. Counts One charges the defendant with Wire Fraud, in violation of 18
U.S.C. § 1343.
2. Maximum Penalties
Counts One carries a maximum sentence of twenty years imprisonment,
a fine ofup to $250,000.00, or twice the gross gain caused by the offense, or twice the
gross loss caused by the offense, whichever is greater, a term of supervised release of
not more than three years, and a special assessment of$100 per count. With respect to
certain offenses, the Court shall order the defendant to make restitution to any victim
Defendant's Initials...:::;?..S.....
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of the offense(s), and with respect to other offenses,the Court may order the defendant
to make restitution to any victim of the offense(s), or to the community, as set forth
below.
3. Elements of the Offense(s)
The defendant acknowledges understanding the nature and elements of
the offense(s) with which defendant has been charged and to which defendant is
pleading guilty.
The elements of Count One are as follows:
First: the defendant knowingly devised or participated in a
scheme to defraud the United States Small Business
Administration (SBA) by using false or fraudulent
pretenses, representations, or promises;
Second: the false pretenses, representations, or promises were about
a material fact;
Third: the defendant acted with the intent to defraud;
Fourth: the defendant transmitted or caused to be transmitted by
wire some communication in interstate commerce to help
carry out the scheme to defraud.
4. Indictment Waiver
Defendant will waive the right to be charged by way of indictment before
a federal grand jury.
5. No Further Charges
If the Court accepts this plea agreement, the United States Attorney's
Office for the Middle District of Florida agrees not to charge defendant with
Defendant's Initials~ 2
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committing any other federal criminal offenses known to the United States Attorney's
Office at the time of the execution of this agreement, related to the conduct giving rise
to this plea agreement.
6. Mandatory Restitution to Victim of Offense of Conviction
Pursuant to 18 U.S.C. § 3663A(a) and (b), defendant agrees to make full
restitution to the United States Small Business Administration.
7. Guidelines Sentence
Pursuant to Fed. R. Crim. P. 1l(c)(l)(B), the United States will
recommend to the Court that the defendant be sentenced within the defendant's
applicable guidelines range as determined by the Court pursuant to the United States
Sentencing Guidelines, as adjusted by any departure the United States has agreed to
recommend in this plea agreement. The parties understand that such a
recommendation is not binding on the Court and that, if it is not accepted by this
Court, neither the United States nor the defendant will be allowed to withdraw from
the plea agreement, and the defendant will not be allowed to withdraw from the plea
of guilty.
8. Acceptance of Responsibility - Three Levels
At the time of sentencing, and in the event that no adverse information
is received suggesting such a recommendation to be unwarranted, the United States
will recommend to the Court that the defendant receive a two-level downward
adjustment for acceptance of responsibility, pursuant to USSG § 3El.l(a). The
defendant understands that this recommendation or request is not binding on the
Defendant's Initial~ 3
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Court, and if not accepted by the Court, the defendant will not be allowed to withdraw
from the plea.
Further, at the time of sentencing, if the defendant's offense level prior to
operation of subsection (a) is level 16 or greater, and if the defendant complies with
the provisions ofUSSG § 3El.l{b) and all terms of this Plea Agreement, including
but not limited to, the timely submission of the financial affidavit referenced in
Paragraph B.5., the United States agrees to file a motion pursuant to USSG §
3E 1.1 (b) for a downward adjustment of one additional level. The defendant
understands that the determination as to whether the defendant has qualified for a
downward adjustment of a third level for acceptance of responsibility rests solely
with the United States Attorney for the Middle District of Florida, and the defendant
agrees that the defendant cannot and will not challenge that determination, whether
by appeal, collateral attack, or otherwise.
9. Low End
At the time of sentencing, and in the event that no adverse information
is received suggesting such a recommendation to be unwarranted, the United States
will recommend to the Court that the defendant receive a sentence at the low end of
the applicable guideline range, as calculated by the Court. The defendant understands
that this recommendation or request is not binding on the Court, and if not accepted
by the Court, the defendant will not be allowed to withdraw from the plea.
Defendant's Initials~ 4
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10. Forfeiture of Assets
The defendant agrees to forfeit to the United States immediately and
voluntarily any and all assets and property, or portions thereof, subject to forfeiture,
pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 246l(c), whether in the
possession or control of the United States, the defendant, or defendant's nominees.
The assets to be forfeited specifically include, but are not limited to, the following:
a. an order of forfeiture in the amount of approximately
$1,355,600.00, which represents the proceeds the defendant
personally obtained from the fraud;
b. the real property located at 2973 Palm Beach Boulevard, Fort
Myers, FL 33916;
c. the real property located at 1751 Winkler Avenue, Fort Myers, FL
33901;
d. the real property located at 2646 Central Avenue, Fort Myers, FL
33901;
e. the real property located at 4646 Amherst Court, Fort Myers, FL
33907;
f. the real property located at 2328-2330 Victoria Avenue, Fort
Myers, FL 33901; and
g. the real property located at 2335 Victoria Avenue, Fort Myers, FL
33901
which assets were purchased or funded with proceeds of the offenses to which the
defendant is to plead guilty.
The net proceeds from the forfeiture and sale of any specific asset(s) will
be credited to and reduce the amount the United States shall be entitled to forfeit as
substitute assets pursuant to 21 U.S.C. § 853(p).
Defendant's Initial~
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The defendant acknowledges and agrees that (1) the defendant personally
obtained approximately $1,355,600.00 in proceeds as a result of the commission of the
offenses and (2) as a result of the acts and omissions of the defendant, the proceeds not
recovered by the United States through the forfeiture of the directly traceable assets
listed herein have been transferred to third parties and cannot be located by the United
States upon the exercise of due diligence. Therefore, the defendant agrees that,
pursuant to 21 U.S.C. § 853(p), the United States is entitled to forfeit any other
property of the defendant (substitute assets), up to the amount of proceeds the
defendant obtained, as the result of the offenses of conviction and, further, the
defendant consents to, and agrees not to oppose, any motion for substitute assets filed
by the United States up to the amount of proceeds obtained from commission of the
offenses and consents to the entry of the forfeiture order into the Treasury Offset
Program.
The defendant additionally agrees that since the criminal proceeds have
been transferred to third parties and cannot be located by the United States upon the
exercise of due diligence, the preliminary and final orders of forfeiture should
authorize the United States Attorney's Office to conduct discovery (including
depositions, interrogatories, requests for production of documents, and the issuance of
subpoenas), pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure,
to help identify, locate, and forfeit substitute assets.
The defendant agrees that forfeiture of substitute assets as authorized
herein shall not be deemed an alteration of the defendant's sentence and the United
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States shall not be limited to the forfeiture of the substitute assets, if any, specifically
listed in this plea agreement.
The defendant agrees and consents to the forfeiture of these assets
pursuant to any federal criminal, civil, judicial or administrative forfeiture action. The
defendant also agrees to waive all constitutional, statutory and procedural challenges
(including direct appeal, habeas corpus, or any other means) to any forfeiture carried
out in accordance with this Plea Agreement on any grounds, including that the
forfeiture described herein constitutes an excessive fine, was not properly noticed in
the charging instrument, addressed by the Court at the time of the guilty plea,
announced at sentencing, or incorporated into the judgment.
The defendant admits and agrees that the conduct described in the
Factual Basis below provides a sufficient factual and statutory basis for the forfeiture
of the property sought by the government. Pursuant to Rule 32.2(b)(4), the defendant
agrees that the preliminary order of forfeiture will satisfy the notice requirement and
will be final as to the defendant at the time it is entered. In the event the forfeiture is
omitted from the judgment, the defendant agrees that the forfeiture order may be
incorporated into the written judgment at any time pursuant to Rule 36.
The defendant agrees to take all steps necessary to identify and locate all
property subject to forfeiture (including substitute assets) and to transfer custody of
such property to the United States before the defendant's sentencing. To that end, the
defendant agrees to make a full and complete disclosure of all assets over which
defendant exercises control, including all assets held by nominees, to execute any
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documents requested by the United States to obtain from any other parties by lawful
means any records of assets owned by the defendant, and to consent to the release of
the defendant's tax returns for the previous five years. The defendant agrees to be
interviewed by the government, prior to and after sentencing, regarding such assets
and their connection to criminal conduct. The defendant further agrees to be
polygraphed on the issue of assets, if it is deemed necessary by the United States. The
defendant agrees that Federal Rule of Criminal Procedure 11 and USSG § IBl.8 will
not protect from forfeiture assets disclosed by the defendant as part of the defendant's
cooperation.
The defendant agrees to take all steps necessary to assist the government
in obtaining clear title to the forfeitable assets before the defendant's sentencing. In
addition to providing full and complete information about forfeitable assets, these steps
include, but are not limited to, the surrender of title, the signing of a consent decree of
forfeiture, and signing of any other documents necessary to effectuate such transfers.
The defendant agrees that, in the event the Court determines that the
defendant has breached this section of the Plea Agreement, the defendant may be
found ineligible for a reduction in the Guidelines calculation for acceptance of
responsibility and substantial assistance, and may be eligible for an obstruction of
justice enhancement.
Forfeiture of the defendant's assets shall not be treated as satisfaction of
any fine, restitution, cost of imprisonment, or any other penalty the Court may impose
upon the defendant in addition to forfeiture.
Defendant's Initial~ 8
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The defendant agrees that the forfeiture provisions of this plea agreement are
intended to, and will, survive the defendant, notwithstanding the abatement of any
underlying criminal conviction after the execution of this agreement. The forfeitability
of any particular property pursuant to this agreement shall be determined as if the
defendant had survived, and that determination shall be binding upon defendant's
heirs, successors and assigns until the agreed forfeiture, including the forfeiture of any
substitute assets, is final.
B. Standard Terms and Conditions
1. Restitution, Special Assessment and Fine
The defendant understands and agrees that the Court, in addition to or
in lieu of any other penalty, shall order the defendant to make restitution to any victim
of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses described in 18 U.S.C.
§ 3663A(c)(l ); and the Court may order the defendant to make restitution to any victim
of the offense(s), pursuant to 18 U.S.C. § 3663, including restitution as to all counts
charged, whether or not the defendant enters a plea of guilty to such counts, and
whether or not such counts are dismissed pursuant to this agreement. The defendant
further understands that compliance with any restitution payment plan imposed by the
Court in no way precludes the United States from simultaneously pursuing other
statutory remedies for collecting restitution (28 U.S.C. § 3003(b)(2)), including, but
not limited to, garnishment and execution, pursuant to the Mandatory Victims
Restitution Act, in order to ensure that the defendant's restitution obligation is
satisfied.
Defendant's Initials~ 9
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On each count to which a plea of guilty is entered, the Court shall impose
a special assessment pursuant to 18 U.S.C. § 3013. To ensure that this obligation is
satisfied, the Defendant agrees to deliver a cashier's check, certified check or money
order to the Clerk of the Court in the amount of $100.00, payable to "Clerk, U.S.
District Court" within ten days of the change of plea hearing.
The defendant understands that this agreement imposes no limitation as
to fine.
2. Supervised Release
The defendant understands that the offense(s) to which the defendant is
pleading provide(s) for imposition of a term of supervised release upon release from
imprisonment, and that, if the defendant should violate the conditions of release, the
defendant would be subject to a further term of imprisonment.
3. Immigration Consequences of Pleading Guilty
The defendant has been advised and understands that, upon conviction,
a defendant who is not a United States citizen may be removed from the United States,
denied citizenship, and denied admission to the United States in the future.
4. Sentencing Information
The United States reserves its right and obligation to report to the Court
and the United States Probation Office all information concerning the background,
character, and conduct of the defendant, to provide relevant factual information,
including the totality of the defendant's criminal activities, if any, not limited to the
count(s) to which defendant pleads, to respond to comments made by the defendant
Defendant's Initialk
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or defendant's counsel, and to correct any misstatements or inaccuracies. The United
States further reserves its right to make any recommendations it deems appropriate
regarding the disposition of this case, subject to any limitations set forth herein, if any.
5. Financial Disclosures
Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P. 32(d)(2)(A)(ii),
the defendant agrees to complete and submit to the United States Attorney's Office
within 30 days of execution of this agreement an affidavit reflecting the defendant's
financial condition. The 4,efendant promises that his financial statement and
disclosures will be complete, accurate and truthful and will include all assets in which
he has any interest or over which the defendant exercises control, directly or indirectly,
including those held by a spouse, dependent, nominee or other third party. The
defendant further agrees to execute any documents requested by the United States
needed to obtain from any third parties any records of assets owned by the defendant,
directly or through a nominee, and, by the execution of this Plea Agreement, consents
to the release of the defendant's tax returns for the previous five years. The defendant
similarly agrees and authorizes the United States Attorney's Office to provide to, and
obtain from, the United States Probation Office, the financial affidavit, any of the
defendant's federal, state, and local tax returns, bank records and any other financial
information concerning the defendant, for the purpose of making any
recommendations to the Court and for collecting any assessments, fines, restitution,
or forfeiture ordered by the Court. The defendant expressly authorizes the United
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States Attorney's Office to obtain current credit reports in order to evaluate the
defendant's ability to satisfy any financial obligation imposed by the Court.
6. Sentencing Recommendations
It is understood by the parties that the Court is neither a party to nor
bound by this agreement. The Court may accept or reject the agreement, or defer a
decision until it has had an opportunity to consider the presentence report prepared by
the United States Probation Office. The defendant understands and acknowledges
that, although the parties are permitted to make recommendations and present
arguments to the Court, the sentence will be determined solely by the Court, with the
assistance of the United States Probation Office. Defendant further understands and
acknowledges that any discussions between defendant or defendant's attorney and the
attorney or other agents for the government regarding any recommendations by the
government are not binding on the Court and that, should any recommendations be
rejected, defendant will not be permitted to withdraw defendant's plea pursuant to this
plea agreement. The government expressly reserves the right to support and defend
any decision that the Court may make with regard to the defendant's sentence, whether
or not such decision is consistent with the government's recommendations contained
herein.
7. Defendant's Waiver of Right to Appeal the Sentence
The defendant agrees that this Court has jurisdiction and authority to
impose any sentence up to the statutory maximum and expressly waives the right to
appeal defendant's sentence on any ground, including the ground that the Court erred
~
Defendant's Initials · ~ 12
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m determining the applicable guidelines range pursuant to the United States
Sentencing Guidelines, except (a) the ground that the sentence exceeds the defendant's
applicable guidelines range as determined by the Court pursuant to the United States
Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory
maximum penalty; or (c) the ground that the sentence violates the Eighth Amendment
to the Constitution; provided, however, that if the government exercises its right to
appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the defendant
is released from his waiver and may appeal the sentence as authorized by 18 U.S.C. §
3742(a).
8. Middle District of Florida Agreement
It is further understood that this agreement is limited to the Office of the
United States Attorney for the Middle District of Florida and cannot bind other
federal, state, or local prosecuting authorities, although this office will bring
defendant's cooperation, if any, to the attention of other prosecuting officers or others,
if requested.
9. Filing of Agreement
This agreement shall be presented to the Court, in open court or in
camera, in whole or in part, upon a showing of good cause, and filed in this cause, at
the time of defendant's entry of a plea of guilty pursuant hereto.
10. Voluntariness
The defendant acknowledges that defendant is entering into this
agreement and is pleading guilty freely and voluntarily without reliance upon any
Defendant's Initials ~ 13
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discussions between the attorney for the government and the defendant and
defendant's attorney and without promise of benefit of any kind (other than the
concessions contained herein), and without threats, force, intimidation, or coercion of
any kind. The defendant further acknowledges defendant's understanding of the
nature of the offense or offenses to which defendant is pleading guilty and the elements
thereof, including the penalties provided by law, and defendant's complete satisfaction
with the representation and advice received from defendant's undersigned counsel (if
any). The defendant also understands that defendant has the right to plead not guilty
or to persist in that plea if it has already been made, and that defendant has the right
to be tried by a jury with the assistance of counsel, the right to confront and cross-
examine the witnesses against defendant, the right against compulsory self-
incrimination, and the right to compulsory process for the attendance of witnesses to
testify in defendant's defense; but, by pleading guilty, defendant waives or gives up
those rights and there will be no trial. The defendant further understands that if
defendant pleads guilty, the Court may ask defendant questions about the offense or
offenses to which defendant pleaded, and if defendant answers those questions under
oath, on the record, and in the presence of counsel (if any), defendant's answers may
later be used against defendant in a prosecution for perjury or false statement. The
defendant also understands that defendant will be adjudicated guilty of the offenses to
which defendant has pleaded and, if any of such offenses are felonies, may thereby be
deprived of certain rights, such as the right to vote, to hold public office, to serve on a
jury, or to have possession of firearms.
Defendant's Initials ~ 14
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11. Factual Basis
Defendant is pleading guilty because defendant is in fact guilty. The
defendant certifies that defendant does hereby admit that the facts set forth below are
true, and were this case to go to trial, the United States would be able to prove those
specific facts and others beyond a reasonable doubt.
FACTS
On or about March 13, 2020, the President of the United States declared
the ongoing Coronavirus Disease 2019 ("COVID-19") pandemic of sufficient severity
and magnitude to warrant an emergency declaration for all states, tribes, territories,
and the District of Columbia pursuant to Section 50l(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 - 5207.
On or about March 27, 2020, the President signed into law the
Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provided
emergency assistance to small business owners affected by the COVID-19 pandemic.
One source of relief provided by The CARES Act was the authorization of forgivable
loans to small businesses for job retention and certain other expenses, through a
program referred to as the Paycheck Protection Program (PPP). Another source of
relief was the Economic Injury Disaster Loan (EIDL) program, which was an existing
Small Business Administration (SBA) program that provided low-interest financing to
small businesses affected by federally declared disasters. The CARES Act authorized
the SBA to provide EIDLs of up to $2 million to eligible businesses experiencing
substantial financial disruption due to the COVID-19 pandemic and waived certain
Defendant's Initials ~ 15
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rules and requirements for businesses seeking COVID-19 EIDLs. The CARES Act
also authorized the SBA to issue advances (also known as Economic Injury Disaster
Grants or EIDG) of up to $10,000 to small businesses applying for an EIDL. The
EIDG was determined by the number of employees the applicant certified having and
did not have to be repaid.
To obtain an EIDL and advance, a qualifying business was required to
submit an application directly to the SBA and provide information about its
operations, such as the number of employees, gross revenues for the 12-month period
preceding the disaster, and rental properties' lost rents due to the disaster. The
applicant was required to certify that the information in the application was true and
correct to the best of the applicant's knowledge. These figures were used by the SBA
to calculate the EIDL and advance amount.
In 2020, the defendant, Evan Graves, was a resident of Lee County,
Florida who owned and operated various limited liability companies for which he
fraudulently sought EIDL funds. Those companies, each of which was organized in
the State of Florida, were (i) Downtown Capital Assets LLC, (ii) Lovejoy Portfolio
LLC, (iii) Suncoast Portfolio Holdings LLC, (iv) Central Fort Myers Portfolio LLC,
(v) Sunshine Park Investments LLC, (vi) National Capital Properties LLC, (vii)
Greenwood Park LLC, (viii) EGMM Investments LLC, (ix) Tic Toe Investments
LLC, and (x) Onestar Capital Properties LLC.
Between on or about June 20, 2020, and July 23, 2020, the defendant
electronically submitted 10 EIDL applications on behalf of the above-mentioned
Defendant's Initials ~ 16
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companies that were approved by the SBA. Each EIDL application was electronically
submitted by the defendant to the SBA from the Middle District of Florida through
servers located outside the State of Florida. In each EIDL application, the defendant
falsely represented his companies' number of employees, gross revenues, and lost rents
due to the COVID-19 disaster, in order to qualify for large loan amounts and advance
funding. In total, the defendant's false and fraudulent representations caused the SBA
to approve a total of $1,336,600 in EIDL funds and $20,000 in EIDG funds (totaling
$1,356,600), of which $1,355,600 was deposited into bank accounts controlled by the
defendant as designated in each EIDL application. (A $100 processing fee per EIDL
application was deducted from each loan amount total prior to disbursement). Below
is a chart summarizing each fraudulent EIDL application submitted by the defendant
that was approved and funded by the SBA:
Number of Lost Gross Loan
Application Loan
Business Na.me Employees Rents Revenues Deposit
Date Amount
Claimed Claimed Claimed Date
Downtown
Capital Assets 13 $65,000 $240,000 6/20/2020 $55,000 7/31/2020
LLC
Lovejoy
15 $150,000 $200,000 6/24/2020 $140,000 7/9/2020
Portfolio LLC
Suncoast
Portfolio 20 $130,000 $200,000 6/24/2020 $120,000 7/9/2020
Holdings LLC
Central Fort
Myers Portfolio 20 $180,000 $250,000 6/24/2020 $150,000 7/21/2020
LLC
$147,100
Sunshine Park
26 $157,012 +
Investments $256,890 6/24/2020 7/9/2020
$10,000
LLC
EIDG
Defendant's Initial~ 17
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National
Capital 25 $153,021 $260,201 6/24/2020 $143,100 7/21/2020
Properties LLC
$144,100
Greenwood
Park 25 $154,021 $256,091 6/24/2020 +
7/24/2020
$10,000
LLC
EIDG
EGMM
Investments 25 $155,901 $334,012 6/24/2020 $146,000 7/14/2020
LLC
Tic Toe
Investments 25 $151,230 $235,901 6/24/2020 $141,300 7/17/2020
LLC
Onestar Capital
25 $174,201 $304,542 7/23/2020 $150,000 8/10/2020
Properties LLC
Following disbursement into bank accounts controlled by the defendant,
fraudulently obtained EIDL funds were misused and misapplied by the defendant to,
among other things, fund personal investment accounts, pay off personal credit card
debt, satisfy mortgages, and purchase real estate. For instance, on or about August
11, 2020, fraudulently obtained EIDL proceeds were used by the defendant to
purchase commercial real property located at 2973 Palm Beach Boulevard, Fort
Myers, FL 33916. Additionally, fraudulently obtained EIDL proceeds were also used
by the defendant to satisfy mortgages on real property located at: (i) 1751 Winkler
Avenue, Fort Myers, FL 33901; (ii) 2646 Central Avenue, Fort Myers, FL 33901; (iii)
4646 Amherst Court, Fort Myers, FL 33907; (iv) 2328-2330 Victoria Avenue, Fort
Myers, FL 33901; (v) 2251 South Street, Fort Myers, FL 33901, and (vi) 2235 Victoria
Avenue, Fort Myers, FL 33901.
Defendant's Initials ~ 18
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12. Entire Agreement
This plea agreement constitutes the entire agreement between the
government and the defendant with respect to the aforementioned guilty plea and no
other promises, agreements, or representations exist or have been made to the
defendant or defendant's attorney with regard to such guilty plea.
13. Certification
The defendant and defendant's counsel certify that this plea agreement
has been read in its entirety by (or has been read to) the defendant and that defendant
fully understands its terms.
DATED this /J!!" d a y ~
ROGER B. HANDBERG
United States Attorney
Evan Graves SimonR.Eth
Defendant Assistant United States Attorney
~::!- ~
Assistant United States Attorney
Chief, Fort Myers Division
Defendant's Initials ~ 19
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