Plea Agreement — United States v. Mihir Patel (Northern District of Texas)

Summary

Plea Agreement in United States of America v. Mihir Patel (01), No. 3:23-CR-252-K, in the U.S. District Court for the Northern District of Texas, Dallas Division. The defendant pleads guilty to Count One of the indictment, 18 U.S.C. § 1349 (18 U.S.C. § 1344(2)), Conspiracy to Commit Bank Fraud, for which the maximum penalties include imprisonment not to exceed 30 years and supervised release of not more than five years, plus a mandatory special assessment of $100. The defendant agrees to restitution including all loss resulting from the loans identified in Exhibit A, which lists U.S. Small Business Administration and bank loans, and agrees to the forfeiture of an Audemars Piguet Royal Oak Selfwinding Chronograph watch. The government agrees not to bring additional charges based on the conduct underlying the plea and to dismiss any remaining charges after sentencing.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS oh
DALLAS DIVISION

UNITED STATES OF AMERICA

v. NO. 3:23-CR-252-K
MIHIR PATEL (01)

Armencled PLEA AGREEMENT

Mihir Patel, the defendant, Sid Mody and Steve Fahey, the defendant’s attorneys,
and the United States of America (the government) agree as follows:
Le Rights of the defendant: The defendant understands that the defendant
has the rights:
a. to plead not guilty;
b, to have a trial by jury;
C. to have the defendant’s guilt proven beyond a reasonable doubt;

d. to confront and cross-examine witnesses and to call witnesses in the
defendant’s defense; and

&. against compelled self-incrimination.

2. Waiver of rights and plea of guilty: The defendant waives these rights
and pleads guilty to the offense alleged in Count One of the indictment, charging a
violation of 18 U.S.C. § 1349 (18 U.S.C. § 1344(2)), that is, Conspiracy to Commit Bank

Fraud. The defendant understands the nature and elements of the crime to which the

Plea Agreement—Page |
defendant is pleading guilty, and agrees that the factual resume the defendant has signed

is true and will be submitted as evidence.

3

4,

Sentence: The maximum penalties the Court can impose include:

a. imprisonment for a period not to exceed 30 years;

H l, 900,460

b. a fine not to exceed $250,000, ortwice-amypecuniary gaintothe-

&, a term of supervised release of not more than five years, which may
be mandatory under the law and will follow any term of
imprisonment. If the defendant violates the conditions of supervised
release, the defendant could be imprisoned for the entire term of
supervised release;

d. a mandatory special assessment of $100;

e, restitution to victims or to the community, which may be mandatory
under the law, and which the defendant agrees may include
restitution arising from all relevant conduct, not limited to that
arising from the offense of conviction alone and will be ordered in
accordance with paragraph nine of this plea agreement;

fi costs of incarceration and supervision; and

g. forfeiture of property.

Immigration consequences: The defendant recognizes that pleading

guilty may have consequences with respect to the defendant’s immigration status if the

defendant is not a citizen of the United States. Under federal law, a broad range of

crimes are removable offenses. The defendant understands this may include the offense

to which the defendant is pleading guilty, and for purposes of this plea agreement, the

Plea Agreement—Page 2
defendant assumes the offense is a removable offense. Removal and other immigration
consequences are the subject of a separate proceeding, however, and the defendant
understands that no one, including the defendant’s attorney or the district court, can
predict to a certainty the effect of the defendant’s conviction on the defendant’s
immigration status. The defendant nevertheless affirms that the defendant wants to plead
guilty regardless of any immigration consequences that the defendant’s plea of guilty
may entail, even if the consequence is the defendant’s automatic removal from the United
States.

5. Court’s sentencing discretion and role of the Guidelines: The defendant
understands that the sentence in this case will be imposed by the Court after consideration
of the United States Sentencing Guidelines. The guidelines are not binding on the Court,
but are advisory only. The defendant has reviewed the guidelines—including USSG
2B1.1, Application Note 3(E)(ii), which the government agrees applies in this case—with
the defendant’s attorney, but understands no one can predict with certainty the outcome
of the Court’s consideration of the guidelines in this case. The defendant will not be
allowed to withdraw the defendant’s plea if the defendant’s sentence is higher than
expected. The defendant fully understands that the actual sentence imposed (so long as it
is within the statutory maximum) is solely in the discretion of the Court.

6. Defendant’s agreement. The defendant shall not knowingly provide false
information to the U.S. Probation Office (USPO), the Court, or the government relating
to the offense(s) of conviction and all relevant conduct, or any information the defendant

must provide related to this agreement.

Plea Agreement—Page 3
7. Mandatory special assessment: The defendant agrees to pay the U.S.
District Clerk the amount of $100 in satisfaction of the mandatory special assessment
prior to sentencing.

8. Financial Obligations: The defendant understands that any financial
obligation imposed by the Court for restitution, fines, or special assessments is due and
payable immediately. In the event the Court imposes a schedule for payment, the
defendant agrees that such a schedule represents a minimum payment obligation and does
not preclude the U.S. Attorney’s Office from pursuing any other means by which to
satisfy the defendant’s full and immediately enforceable financial obligation. The
defendant understands that the defendant has a continuing obligation to pay in full as
soon as possible any financial obligation imposed by the Court. The defendant further
agrees as follows:

a. Financial Disclosures: The defendant shall submit an accurate and
complete personal financial statement under oath on demand by the USPO,
the Court, or the government, which statement shall include all requested
support documents and may be shared between and among the USPO, the
Court and the government as needed for collection of any financial
obligations.

b. Financial Interviews: The defendant shall submit to interviews by the
government and the USPO regarding the defendant’s capacity to satisfy any
fine, restitution, or special assessment.

rom Credit Check: The defendant expressly authorizes the United States
Attorney’s Office to immediately obtain a credit report on the defendant to
evaluate the defendant’s ability to satisfy any financial obligation imposed
by the Court.

d. Asset Preservation: The defendant further agrees to fully cooperate with

the government in the liquidation of assets to be applied towards any
financial obligations imposed in this case. The defendant understands the

Plea Agreement—Page 4
government will review all financial disclosures submitted and require the
defendant to make good-faith efforts toward payment of all financial
obligations imposed by this Court.

9, Restitution: Pursuant to 18 U.S.C. §§ 3663A and 3663(a)(3), the defendant
agrees that the Court is authorized to order, and the defendant agrees to pay, restitution
for all loss resulting from the offense of conviction and all relevant conduct, in an amount
to be determined by the Court.

a. Stipulated Restitution: Defendant agrees that restitution shall include,
without limitation, all loss resulting from the loans identified in Exhibit
A.

b. Relevant Conduct: The defendant agrees to pay restitution related to
all loans and lines of credit identified above, whether or not they qualify
as relevant conduct under USSG § 1B1.3(a)(1)(A) and (1)(B).

c. Joint and Several Liability: The defendant understands that should the
Court order that restitution be paid jointly and severally with others who
are required to pay restitution for the same loss to victims that credit
may not be received for all payments made by any other person with
joint and several liability. The defendant agrees that any restitution
ordered to be paid jointly and severally remains the responsibility of the
defendant until the defendant has paid the defendant’s ordered amount
of restitution in full or the respective victim has been paid in full.

10. Forfeiture of property: The defendant agrees not to contest, challenge, or
appeal in any way the administrative or judicial (civil or criminal) forfeiture to the United
States of any property noted as subject to forfeiture in the indictment or information, or
seized or restrained in the investigation underlying the indictment or information,
specifically the forfeiture of an Audemars Piguet Royal Oak Selfwinding Chronograph
watch. The defendant agrees that this property is subject to forfeiture under 18 U.S.C. §

982(a)(2). The defendant consents to entry of any orders or declarations of forfeiture

Plea Agreement—Page 5
regarding such property and waives any requirements (including notice of forfeiture) set
out in 19 U.S.C. §§ 1607-1609; 18 U.S.C. §§ 981, 983, and 985; the Code of Federal
Regulations; and Rules 11 and 32.2 of the Federal Rules of Criminal Procedure. The
defendant agrees to provide truthful information and evidence necessary for the
government to forfeit such property. The defendant agrees to hold the government, its
officers, agents, and employees harmless from any claim whatsoever in connection with
the seizure, forfeiture, storage, or disposal of such property.

11. Government’s agreement: The government will not bring any additional
charges against the defendant based upon the conduct underlying and related to the
defendant’s plea of guilty. The government will file a Supplement in this case, as is
routinely done in every case, even though there may or may not be any additional terms.
The government will dismiss, after sentencing, any remaining charges in the pending
indictment. This agreement is limited to the United States Attorney’s Office for the
Northern District of Texas and does not bind any other federal, state, or local prosecuting
authorities, nor does it prohibit any civil or administrative proceeding against the
defendant or any property. |

12. Violation of agreement: The defendant understands that if the defendant
violates any provision of this agreement, or if the defendant’s guilty plea is vacated or
withdrawn, the government will be free from any obligations of the agreement and free to
prosecute the defendant for all offenses of which it has knowledge, including the
reinstatement of charges dismissed pursuant to this plea agreement. In the event of such

a violation, vacatur, or withdrawal, the defendant waives all objections based upon delay

Plea Agreement—Page 6
in prosecution. If the plea is vacated or withdrawn for any reason other than a finding
that it was involuntary, the defendant also waives all objections to the use against the
defendant of any information or statements the defendant has provided to the
government, and any resulting leads.

13. Voluntary plea: This plea of guilty is freely and voluntarily made and is
not the result of force or threats, or of promises apart from those set forth in this plea
agreement. There have been no guarantees or promises from anyone as to what sentence
the Court will impose.

14. Waiver of right to appeal or otherwise challenge sentence: The
defendant waives the defendant’s rights, conferred by 28 U.S.C. § 1291 and 18 U.S.C.

§ 3742, to appeal the conviction, sentence, fine and order of restitution or forfeiture in an
amount to be determined by the Court. The defendant further waives the defendant’s
right to contest the conviction, sentence, fine and order of restitution or forfeiture in any
collateral proceeding, including proceedings under 28 U.S.C. § 2241 and 28 USC.

§ 2255. The defendant, however, reserves the rights (a) to bring a direct appeal of (i) a
sentence exceeding the statutory maximum punishment, or (ii) an arithmetic error at
sentencing, (b) to challenge the voluntariness of the defendant’s plea of guilty or this
waiver, and (c) to bring a claim of ineffective assistance of counsel.

15. Representation of counsel: The defendant has thoroughly reviewed all
legal and factual aspects of this case with the defendant’s attorney and is fully satisfied
with that attorney’s legal representation. The defendant has received from the

defendant’s attorney explanations satisfactory to the defendant concerning each

Plea Agreement—Page 7
paragraph of this plea agreement, each of the defendant’s rights affected by this
agreement, and the alternatives available to the defendant other than entering into this
agreement. Because the defendant concedes that the defendant is guilty, and after
conferring with the defendant’s attorney, the defendant has concluded that it is in the
defendant’s best interest to enter into this plea agreement and all its terms, rather than to
proceed to trial in this case.

16. Entirety of agreement: This document, including any Supplement filed
contemporaneously, is a complete statement of the parties’ agreement and may not be
modified unless the modification is in writing and signed by all parties. This agreement
supersedes any and all other promises, representations, understandings, and agreements
that are or were made between the parties at any time before the guilty plea is entered in
court. No promises or representations have been made by the United States except as set
forth in writing in this plea agreement.

AGREED TO AND SIGNED this 22 day of July , 2024,

LEIGHA SIMONTON
UNITED STATES ATTORNEY

MYRIA BOEHM YAR. NIEDERMAIR

Section Chief nea United States Attorney
Texas Bar No. 24116828
1100 Commerce Street, Third Floor
Dallas, Texas 75242-1699
Tel: 214-659-8600
Fax: 214-659-8809
Email: ryan.niedermair@usdoj.gov

Plea Agreement—Page 8
I have read or had read to me this plea agreement and have carefully reviewed
every part of it with my attorneys. I fully understand it and voluntarily agree to it.

MIHIR PATEL © Date
Defendant

I am the defendant’s attorney. I have carefully reviewed every part of this plea
agreement with the defendant. To my knowledge and belief, my client’s decision to enter
into this plea agreement is an informed and voluntary one.

STEVE FAHEY Y Date

Attorney for Defendan

07/19/24

SID MODY Date
Attorney for Def¢ndant

Plea Agreement—Page 9
EXHIBIT A
Victim Loan Number
U.S. Small Business Administration 5243578201
U.S. Small Business Administration 4331308305
U.S. Small Business Administration 4590637308
U.S. Small Business Administration 4868988604
U.S. Small Business Administration 8089337306
U.S. Small Business Administration 4683297203
U.S. Small Business Administration 4008408409
U.S. Small Business Administration 7222757200
U.S. Small Business Administration 2307177308
U.S. Small Business Administration 2780167300
U.S. Small Business Administration 2019267404
U.S. Small Business Administration 8867967206
U.S. Small Business Administration 8832037209
U.S. Small Business Administration 4330257305
Spectra Bank 33547
Incredible Bank 8667888

Dominion Bank 50011110

First United Bank 403378581

First United Bank 403378615

First United Bank 403378623

First United Bank 403378649

First United Bank 403417215

First United Bank 403417223

First United Bank 403417678

First United Bank 403417686

First United Bank 403417694

First United Bank 403424005

Plea Agreement—Page 10


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