Petition to Enter Plea of Guilty — U.S. v. Jamie McGowen (D. Or.)

Summary

Petition to Enter Plea of Guilty, Certificate of Counsel, and Order Entering Plea in United States v. Jamie McGowen in the U.S. District Court for the District of Oregon, filed December 11, 2024 as Document 43 in Case 3:22-cr-00360-AN. The defendant, represented by Serguel Akiti of Lowther Walker LLC, asks the court to accept a plea of guilty to Counts 1, 3, 5, and 7 under a Plea Agreement attached to the petition. The petition lists the elements of the offenses as a scheme to obtain money by fraudulent pretenses using interstate wires, a plan to obtain money from a financial institution with false statements, and monetary transactions with criminally derived property valued greater than $10,000. It states that the Government has bound itself to request a low-end of the guidelines sentence, and the attached order accepts and enters the plea.

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“Petition to Enter Plea of Guilty — U.S. v. Jamie McGowen (D. Or.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-22-cr-00360-dkt-43-d-or-5a9d0025ce/, SHA-256 927cda2592b60303e5080c221ed2e7a71502174445ecb4fc9d2095e3e9516b4e.

Full text

Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 1 of 9

Serguel Aki ti, Esq.
Lowther Walker LLC
101 Marietta St. NW, Ste. 3650, Atlanta, GA 30303
saki ti @lowtherwalker.com
404-496-4052

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA, )
) CR No. 3:22-CR-00360-AN-l
Plaintiff, )
) PETITION TO ENTER PLEA
vs. ) OF GUILTY, CERTIFICATE
) OF COUNSEL, AND ORDER
Jamie McGowen ENTERING PLEA.
)
)
Defendant. )

The defendant represents to the court:

1. My name is Jamie McGowen !J...3
. I am

years old. I have gone to school up to and including the Ba.. ch(? IO r r; Dt3u f/ .
. Serguel Akiti and Katryna Speaiman of Lowther Walker
2. Myatt orney 1s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

3. My attorney and I have discussed my case fully. I have received a copy of the .

Indictment or Inf01mation. I have read the Indictment or Information, or it has been read to me, and

I have discussed it with my attorney. My attorney has counseled and advised me concerning the

nature of each charge, any lesser-included offense(s), and the possible defenses that I might have in

Page 1 - PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 2 of 9

this case. I have been advised and understand that the elements of the charge(s) alleged against me

These are found in paragraph 5 of the signed plea agreement. The elements of my first offense are that I knowingly devised a scheme to defraud or 1
obtain money by fraudulent pretenses, that the statements were material to obtaining the funds, that the statements were made with the intent to
defraud, and that interstate wires were used.
The elements of my second offense are that i carried out the plan to obtain money with statements that I knew were false which naturally influenced
the financial institution to give me the funds and that I acted with the intent to defraud.
And as to my third and fourth offenses, the elements are that I engaged in a monetary transaction with criminally derived property valued greater than
$10,000 USD.

to my case. I understand that the Court may ask whether I am satisfied with the advice I have

received from my attorney.

4. I know that if I plead "GU1LTY," I will have to answer any questions that the judge

asks me about the offense(s) to which I am pleading guilty. I also know that if I answer falsely,

under oath, and in the presence of my attorney, my answers could be used against me in a

prosecution for pe1jury or false statement.

5. I am not under the influence of alcohol or drugs. I am not suffering from any injruy,

illness or disability affecting my thinking or my ability to reason except as follows: _ _ _ _ __

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . Ihave
not taken any drugs ·or medications within the past seven (7) days except as follows: _ _ _ __

6. I understand that conviction of a crime can result in consequences in addition to

imprisonment. Such consequences include deportation, or removal from the United States, or denial

of naturalization, ifI am not a United States citizen; loss of eligibility to receive federal benefits; loss

of certain civil rights (which may be temporaty or pe1manent depending on applicable state or federal

Page 2 - PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 3 of 9

law), such as the right to vote, to hold public office, and to possess a fireaim; and loss of the

privilege to engage in certain occupations licensed by the state or federal government.

7. I know that I may plead "NOT GUILTY" to any crime charged against me and that

I may persist in that plea if it has already been made. I know that if I plead ''NOT GUILTY" the

Constitution guarantees me:

a. The right to a speedy and public trial by jury, during which I
will be presumed to be innocent unless and until I am proven guilty
by the government beyond a reasonable doubt and by the unanimous
vote of twelve jurors;

b. The right to have the assistance ofan attorney at all stages of
the proceedings;

c. The right to use the power and process of the court to compel
the production of evidence, including the attendance of witnesses in
my favor;

d. The right to see, hear, confront, and cross-examme all
witnesses called to testify against me;

e. The right to decide for myself whether to take the witness
stand and testify, and if I decide not to take the witness stand, I
understand that no inference of guilt may be drawn from this
decision; and

f. The right not to be compelled to incriminate myself.

·s. I know that if I plead "GUILTY" there will be no trial before either a judge or a jury,

and that I will not be able to appeal from the judge's denial of any pretrial motions I may have filed

concerning matters or issues not related to the court's jurisdiction [see instructions].

Page 3 - PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 4 of 9

9. In this case I am pleading "GUILTY" under Rule 1 l(c)(l)(lL). My attorney has

explained.the effect ofmy plea under Rule 1 l(c)(l)(JD to be as follows [see instructions]:

. That I agree in the plea agreement that certain enhancements and
offense levels should apply in the calculation of the guidelines, but that
neither the USPO who is writing the PSR nor the Court who is
sentencing me is bound by these te1ms. Further, both the Government
and I are free to argue for any sentence we see fit. My attorney is free
to argue for a variant sentence and the Government has bound itself to
request a low-end of the guidelines sentence. The Court is not bound
by any of these provisions.

10. I know the maximum sentence which can be imposed upon me for the crime(s) to

which I am pleading guilty is __3_0_ _ imprisonment and a fine of$ 1,750,000. I also know

there is a mandatory minimum sentence of _O_ years imprisonment.

11. I know that the judge, in addition to any other penalty, will order a special assessment

as provided by law in the amount of$ ~ per count of conviction.

12. I know that if I am ordered to pay a fine, and I willfully refuse to pay that fine, I can

be returned to comt, where the amount of the 1;1npaid balance owed on the fine can be substantially

increased by the judge and I can be imprisoned for up to one year.

13. My attorney has discussed with me the Federal Sentencing Guidelines. I know that

the Guidelines are advisory, not mandatory. I also know the sentencing judge, in detennining the

patiicular sentence to be imposed, must consider those factors set forth in Title 18, United States

Code, Section 3553(a), including but not limited to: the nature and circumstances of the offense, my

own history and characteristics, the goals of sentencing (punishment, deten-ence, protection and

rehabilitation) and the sentencing range established by the advisory Guidelines. If my attorney or

any other person has calculated a guideline range for me, I know that this is only a prediction and

Page 4 - PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 5 of 9

advisory and that it is the judge who makes the final decision as to what the guideline range "is and

what sentence will be imposed. I also know that a judge may not impose a sentence greater than the

maximum sentence refeITed to in paragraph (10) above.

14. I know from discussion with my attorney that, under the Federal Sentencing

Guidelines, if I am sentenced to prison I am not entitled to parole. I will have to serve the full

sentence imposed except for any credit for good behavior that I earn. I can earn credit for good

behavior in prison at a rate ofup to 54 days for each year of imprisonment served. Credit for good

behavior does not apply to a sentence of one year or less.

15. I know that if I am sentenced to prison·, the judge will impose a term of supervised

release to follow the prison sentence. During my supervised release teim I will be supervised by a

probation officer according to te1ms and conditions set by the judge. In my case, a te1m of supervised

release can be _o_ to S % years. Ifl violate the conditions of supervised release, I may be sent
back to prison for up to _3_ year(s) [see instructions].

16. I know that in addition to or in lieu of any other penalty, the judge can order

restitution payments to any victim of any _offense to which I plead guilty. I am also infmmed that,

for certain crimes of violence and crimes involving fraud or deceit, it is mandatory that the judge

impose restitution in the full amount of any financial loss or hmm caused by an offense. If imposed,

the victim can use the order of restitution to obtain a civil judgment lien. A restitution order can be

enforced by the United States for up to twenty (20) years from the date of my release from

imprisonment, or, ifI am not imprisoned, twenty (20) years from the date of the entry of judgment.

If I willfully refuse to pay restitution as ordered, a judge may resentence me to any sentence which

could originally have been imposed.

Page 5 - PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 6 of 9

17. On any fine or restitution in an amount of $2,500 or more, I know that I will be

required to pay interest unless that fine or restitution is paid within fifteen (15) days from the date

of the entry of judgment.

18 . IfI am on probation, parole, or supervised release in any other state or federal case,

I know that by pleading guilty in this court my probation, parole or supervised release may be

revoked and I may be required to serve time in that case, which may be consecutive, that is, in

addition to any sentence imposed on me in this comi.

19. If I have another case pending in any state or federal court, I know that my Petition

and Plea Agreement in this case do not, in the absence of an express and written agreement, apply

to my other case(s), and that I can be faced with consecutive sentences of imprisonment.

20 . My plea of "GillLTY" is based on a Plea Agreement that I have made with the

prosecutor. That Plea Agreement is attached hereto and incorporated herein. I have read or had read

to me the Plea Agreement, and I understand the Plea Agreement.

21. The Plea Agreement contains the only agreement between the United States

government and me. No officer or agent of any branch of government (federal, state or local) or

anyone else has promised or suggested that I will receive a lesser term of imprisonment, or

probation, or any other fo1m of leniency if I plead "GillLTY" except as stated in the Plea

Agreement. I understand that I cannot rely on any promise or suggestion made · to me by a

government agent or officer which is not stated in writing in the Plea Agreement, or which is not

presented to the judge in my presence in open court at the time of the entry of my plea of guilty.

22. My plea of "GillLTY" is not the result of force, threat, or intimidation.

23. I hereby request that the judge accept my plea of "GUILTY" to the following

Page 6 - PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 7 of 9

count(s):

Counts 1, 3, 5, and 7

24. I know that the judge must be satisfied that a crime occurred and that I committed that

crime before my plea of "GUILTY" can be accepted. With respect to the charge(s) to which

I am pleading guilty, I represent that I did the following acts and that the following facts are true [see

instructions]:

I stipulate to the factual ba,sis presented in paragraph 6 of my signed plea agreement.

In short, I admit .that I knowingly obtained money by false pretenses and omissions of fact with
the intent to defraud and that interstate wires were used for the execution of the fraud .
Further, I carried out a plan to obtain money from a financial institution using false statements that I knew were
false and that those statements were material to obtaining the money fraudulently from the bank.
Finally, I engaged in a monetary transaction using funds that were derived from the aforementioned criminal
activity.

25. I offer my plea of ((GUILTY" freely and voluntarily and of my own accord and with

a full understanding of the allegations set forth in the Indictment or Information, and with a full

understanding of the statements set fo1ih in this Petition and in the Ce1iificate of my attorney ·that

is attached to this Petition.

SIGNED by me in the presence of my attorney, after reading (or having had read to me) all

of the foregoing pages and paragraphs of this Petition on this 11th day of December '. 2024

DeF ~

Page 7 - .PETITION TO ENTER PLEA OF GUILTY
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 8 of 9

CERTJFICATE OF COUNSEL

The undersigned, as attorney for defendant - - - -Jamie McGowen
---,--------
, hereby certifies:

1. I have fully explained to the defendant the allegations contained in the Indictment or

Information in this case, any lesser-included offense(s), and the possible defenses which may apply

in this case.

2. I have personally examined the attached Petition To Enter Plea of Guilty And Order

Entering Plea, explained all its provisions to the defendant, and discussed fully with the defendant

all matters described and refen-ed to in the Petition.

3. I have explained to the defendant the maximum penalty and other oonsequences of

entering a plea of guilty described in paragraphs (6)-(20) of the Petition, and I have also explained

to the defendant the applicable Federal Sentencing Guidelines.

4. I recomme:r:id that the Court accept the defendant's plea of "GU1LTY."

SIGNED by me in the presence of the above-named defendant, and after full discussion with

the defendant of the contents of the Petition To Enter Plea of Guilty, and any Plea Agreement, on

this~ day of December , 2024_.

Page 8 - CERTIFICATE OF COUNSEL
Case 3:22-cr-00360-AN Document 43 Filed 12/11/24 Page 9 of 9

ORDER ENTERING PLEA

I find that the defendant's plea ofGillLTY has been made freely and voluntarily and not out

of ignorance, fear, inadvertence, or coercion. I further find the defendant has admitted facts that

prove each of the necessary elements of the crime(s) to which the defendant has pled guilty.

IT IS THEREFORE ORDERED that the defendant's plea of GillLTY be accepted and

entered as requested in this Petition and as recommended in the Certificate of defendant's attorney.

DATED this _ti_ of .beu.m &er, 20~!{, in open court.

Page 9 - ORDER ENTERING PLEA

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