Plea Agreement — United States v. Mohammad Ribhi Farraj, No. 4:22-cr-00140 (D.S.C.)
Summary
A Plea Agreement, Entry Number 172, filed 12/02/22, Criminal No: 4:22-cr-00140-JD, District of South Carolina, Florence Division, between the United States and Defendant Mohammad Ribhi Farraj. The Defendant agrees to plead guilty to Count I of the Superseding Indictment, which charges a conspiracy to devise and execute a scheme to defraud, and the Government agrees to move to dismiss the remaining counts at sentencing provided the Defendant complies with all the terms. The agreement also covers restitution, cooperation with the Government, and forfeiture, including a money judgment in an amount to be determined by the Court. It lists the Defendant's attorney, Seth Cole Rose, Esquire, and Assistant United States Attorney Derek A. Shoemake.
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
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“Plea Agreement — United States v. Mohammad Ribhi Farraj, No. 4:22-cr-00140 (D.S.C.).”
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4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 1 of 11
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
LTNITED STATES OF AMERICA Criminal No: 4:22-cr-00 140-JD
PLEA AGREEMENT
MOHAMMAD RIBHI FARRAJ
Ceneral Prol'isions
This PLEA AGREEMENT is made ,hi, il'? day of L*Mr022, berween the
Unitcd States of America, as represented by United States Attomey ADAIR F. BOROUGHS,
Assistant United States Attorney Derek A. Shoemake the Defendant, MOHAMMAD RIBHI
FARRAJ, and Defendant's attorney, Seth Cole Rose, Esquire.
IN CONSIDERATION of the mutual promises made herein, the parties agree as follows:
1. The Defendant agrees to plead guilty to Count I of the Superseding Indictment now
pending, which charges that beginning approximately in or about January 2020 and
continuing up and to the date of the Superseding Indictment, in the District of South
Carolina and else'rvhere, the Defendant, MOHAMMAD RIBHI FARRAJ, did knowingly
and willfully combine, conspire, confederate, agree and havc a tacit understanding with
each other and with others known and unknown to the Grand Jury, to devise and execute a
schenre and artifice to defraud and to obtain money and property by means of false and
fraudulcnt prctenses, representations, and promises, and during such period, in the coursc
of executing said scheme and artifice attempted to transmit, transmitted, and caused to be
tra.nsmitted in interstate commerce, wirc comnrunications, including writings, signs,
signals, pictures, and sounds, for the purpose of executing the scheme and artifice to
Page I ofll
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 2 of 11
defraud, in violation of Title 18, United States Code, Section I343. All in violation of
United States Code, Section 1349.
In order to sustain its burden of proof, the Government is required to prove the following:
Count I
A. Two or more persons made an agreement to commit an unlawful act, here that
unlawful act being wire fraud under l8 U.S.C. $ 1343;
The elernents of l8 U.S,C. I 1343 are:
a. The Defendant devised or intended to devise a scherne to defraud or for
obtaining money or properly by means of false or fraudulent pretenses,
representations. or promises that were material; and
b. That for the purpose of executing the scheme, the Defendant transmitted
or caused to be transmitted by means of wirc, radio, or television
communication in interstate or foreign con'lrnerce any writings, signs.
signals, pictures, or sounds.
B. The Defendant knew the unlawful purpose of the agreement; and
C. The Defendant joined in the agreement willfully, with the intent to further the
unlawful purpose.
The penalty for this offense is:
Imprisonment for not more than 20 vears (18 U,S.C. $$ 1343 and 1349)
Fine of $250.000 (l 8 U.S.C. $ 3571)
Supenised Release of not more than 3 vears (18 U.S.C. S$ 3583, 3559)
Special Assessment of $100 (18 U.S.C. $ 3013)
2. The Defendant understands and agrees that monetary penalties [i.e., special assessments,
restitution, fines and other paymcnts required under the sentence] imposed by the Court
are due and payable immediately and subject to enforcement by the United States as civil
judgments, pursuant to 18 USC S 3613. In the event the Court imposes a schedule for
payment of restitution, the Defendant also understands that payments made in accordance
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4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 3 of 11
with installmcnt schedules set by the Court are minimum payments only and do not
preclude the government from seeking to enlorce the judgment against other assets ofthe
Defendant at any time, as provided in 1 8 USC $S 3612, 3613 and 3664(m). The Defendant
further agrees to enter into the Bureau of Prisons Inmate Financial Repayment Program if
sentenced to a term of incarceration with an unsatisfied monetary penalty. The Defendant
further understands that any monetary penalty imposed is not dischargeable in bankruptcy.
Special Assessment: Pursuant to l8 U.S.C. 93013, the Defendant must pay
a special assessment of S 100.00 for each felony count for which he/she is
convicted. This special assessment must be paid at or before the time of the
guilty plea hearing or during participation in the Bureau of Prisons Inmate
Financial Repayment Program ifthis plea results in incarceration.
R Restitution: The Defendant agrees to make full restitution under l8 U.S.C.
$ 3556 in an amount to be determined by the Court at the time ofsentencing,
which amount is not limited to the count(s) to which the Defendant pled
guilty, but will include restiturion to oach and every identifiable victim who
may have been harmed by his,&er scheme or pattem of criminal activity,
pursuant to l8 u.s.c. $$ 2259,366-1, 36634, and f664. The Defendant
agrees to cooperate fully with the Govemment in identilying all victims.
Upon demand, the Defendant shall submit a personal financial statement
under oath and submit to intervicws by the Governmenr and the U.S.
Probation Office regarding the Defendant's capacily to satisfy any fines or
restitution. The Defendant expressly authorizes the U.S. Attorney,s Office
to immediately obtain a crcdit rcport on the Defendant in order to evaluate
the Defendant's ability to satisfy any linancial obligation imposed by the
Court. The Dcfendant understands that the Defendant has a continuing
obligation to pay in full as soon as possible any financial obligation imposed
by the Court.
C Fines: The Defendant understands that the Coun may impose a fine
pursuant to l8 U.S.C. $$ 3571 and 3572.
3. Provided the Defendant complies with all the temrs of this Agreernent, tlre united states
agrees to move to dismiss the remaining counts of (he Superseding indictment
[and any
odrer indictm€nts under this number] at senlencing. Thc Defendant understands that the
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4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 4 of 11
court may considcr these dismisscd counts as rerevant conduct pursuant to
$ r B L3 of thc
United States Sentencing Cuidelines.
4 Defendant understands that if Defendant is not a united States citizen,
thc ferony
conviction in this case may subject Defendant to removar, arso known as
deportation,
which may, under some circumstances, be mandatory. The court cannot, and
Defendant,s
attomey also may not be able to, advise Defcndant fully regarding the immigration
conscquenccs ofthe felony conviction in this casc. Defendant understands
that by entering
a guilty plea defendant waives any craim that unexpected immigration
consequences may
render Defendant's guilty plea invalid.
5 The Defendant understands that the obligations of the Government within
the prca
Agreement are expressly contingent upon the Defendant's abiding by federal
and state raws
and complying with any bond executed in this case. In the event that the
Defendant fails
to comply with any of the provisions of this Agreement, either express
or implied, the
Govemment will havc the right, at its sole erection, to void alr of its obrigations
under this
Agreement and the Defendant w l not have any right to withdrarv his/her prea
of guilty to
the olfense(s) enumerated herein,
Coo tion an d Forfe iturel
6 The Defendant agrees to be fully truthful and forthright with fcderal,
state and local law
enforcemenr agencies by providing full, complete and truthful infomration
about all
criminal activities about rvhich he/she has knowledge. The Defendant
nrust provide fu[.
rThe forfeiture in rhis
case d*.
i:,]l:pg..-
Defendanr: 26.69617j9 ETH, ?.46!.2010 1r"- !l!*llg cryprocurrency
XR p. 38,234.68;:Z inp.
surrendered by the
ur,f 2 i.43 i .,Ji XRp. This
cryptoc,rency has been surredered ro the Govemnreut via
united statcs Secret iervice
Agreements to Sunender property signed by thc Defendant
o, tutuy t Z, 2022, and Defendant
does not contest that the funds may be co,verted and
are the sore property ofthe Govemment.
Page4ofll
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 5 of 11
completc and truthful debriefings about these
unlawful activities and must fully disclose
and provide tmthful r'nformation to the Govemment jncluding
any books, papers, or
documents or any other items of evidentiary
value to trre investigation. The Defbndant
must also testiry fuly and truthfully before any
grand junes and at any trials or
other
proceedings ifcalled upon to do so by the
Government, subject lo prosecution for pe{ury
for not teslirying truthfury. The fairure of the
Defendant to be fully truthful and forthright
at any stagc wiu' at the sole election of the
Govemment, cause thc obligations of the
Govemment within this Agreement to become
null and void. Further, it is expressly agreed
that ifthe obrigations ofthe Govemment
within this Agreement become nu, and void
due
to the lack of hxthfulness on the part ofthe
Defendant, rhe Defendant understands
that:
A. the Defendant will not be permitted to
withdraw his,trer plca of guilty to the
offenses described above;
B. all additional charges known to the Govemment
may be filed in the
appropriate district;
C. the Government will argue for a maximum
sentence fbr the offense to which
the Defendant has pleaded guilty: and
D, the Government will use any and all information
and tcstimony provided by
the Defendant pursuant to this Ag."..err,
o, unfprior pruil.er agreements,
in the proseculion ofthe Defenda=nt ofufl .1urg.,...
7. The Defendant agrees to submit to such polygraph
examinations as may be requested
by
the Govemment and agrees that any
such examinations shall be performed
by a polygraph
examincr serected by the Govemment. Defendant
further agrees that rlis,41er refusar to take
or his/her failurc to pass any such polygraph
examination to thc Govemmcnt,s
satistbction
will result' at thn Govcmment's sore discretion,
in the obrigations of thc Governmcnt
within
the A-greemcnt beconring null and void.
Page5oftl
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 6 of 11
8, The Govcmment agrccs that any self-incriminating information
provided by the Defendant
as a resurt of the cooperation required by the terms
of this Agreement, arthough avairable
to the Courr, will not be used against the Defendant in determining
the Defendant,s
applicabJe guideline range for sentencing pursuant to
the U.s. Sentencing commission
Cuidelines. The provisions of this paragraph shall not be applied
to restrict any such
information:
A. kno\r,n to the Govcmment prior to the date of this Agreement;
B. conceming the existence ofprior convictions and sentences;
C. in a prosecution for perjury or giving a thlse stalementi
D. in the event the Defendant breaches any ofthe terms
ofthe plea Agreement;
or
E. used to rebut any.evidence or arguments offered
by or on behalf ofthe
Defendant (including arguments made or issues
raijed srra ay tlr"
District Court) at any state ofihe criminal prosecution (incluaing
"pont"
bail, tria)-
and sentencing).
9 Provided the Detbndant cooperates pursuant to the provisions
ofthis plea Agreement, and
that cooperation is deemed by the Government as providing
substantlal assistance in the
investigation or prosecution of another person, th€ Govemment
agrees to move the court
for a downward departure or reduction of scntence pursuant
to Unjted States Sentencing
Guidelines {5Kl.l, Title tg, United States Code, g 1553(e)
or Federal Rule of Criminal
Procedure 35(b). Any such motion by the
Govemment is not binding upon the court, and
should the Court deny thc motion, the Defendant
will have no right to withdraw hisrher
plea.
10. The Dcfendant agrees to voluntarily surrender
to, and not to contest the forfeiture of,
any
and all assets and propefiy, or portions
thereol which are subject to forfeiture pursuanl
to
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4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 7 of 11
any provision of law, including but
nor limitcd to , property in thc possession
or control of
tlre Defendant or Defendant,s nominees.
Specifically, the Detendart agrees to
voluntarily
surrender and not contest the forfeiture
of property identified in the Superseding
Indictment' and any forfeiture BiI of particurars,
and a money judgment in an amount
to
be determined by Cou(, representing the amount
of gross proceeds of the offense(s) of
conviction.
Procceds/ Forfciture Judement:
A sum of money equal to all proceeds the Defendants
obtained directly or
indirectly as rhe r€sulr of the offenses
ilil;;;;
lndictment, and all interesr and proceea. trr""iUf"
Second Superseding
,fr"r"io, and/or that such sum
derived from or haceabte ,o ,t u.LUor. of 18 U.S.C. $$
;ui*, ffi!* "rr
With regard to each and every ass€t listed in
the Superseding Indictment or seized
in a
related investigation or administrative,
state, or rocal action, the Defendant
stipurates and
agrees
The Defendant agrees and consents to.the
forfeiture of these assets pursuant
federal criminat, civiljudiciai oradminisrrative to anv
he reby agrees to waive all
lb.f;;";;;;;l;.;i#;;;iil
constitutjonal. ,,r,r,".y *l p."."#ai
manner (including direct appeal,.habcas challeng"s rn any
corpus, .; ;;;;;;s) to any forfeiture
carried our in accordance with thispl.u
agr"e..nr ";,on,r;;il;j, including that the
forfeiture described herein constitutes_
an excessive fin", *;; ;;;;roperly
the charging inshument, noticed in
addressed by
announced at sentencing, or incorporated
il c;;;;;ilil;'j,""- " the guilry plea,
into the ludgm;.
To its forfeiture herein, if lecessary as
substitule property under 2l U.S.C. g53(p),
made applicabre bv t8 U.s.c $ as
$ eS.2rb)r I ) o, in u ."p,,ur.
administrative or civil judrcial proceeding. "r';";-;ih;;;;;i.l
Thatthc Delbndant has or had a posscssory
in*rcst or other regal interest in each
or property. itcm
To assist the United States in thc r
ffi ?fljt;1ii:f$:i*:",'l*:i:ili:T'.','#JllJi:'ff.i,x1fl T;::::il;
;,,"";;;;;;i;;,#;; ji:l.# ;;;ll ",j#.Ifi illi:l: :ii?;ffi.:f ilf |["j
PageTofll
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 8 of 11
Agreem_ent; and (iv) directing all financial institutions
to tum ov€r and surrender to the
United States all funds and records regarding
"".";;r;
by the Defendant pursuant to this plel agrei'me
li"; i;;nl document signed
property.
i,,;;;t;;#;;leeds or substiture
The Defendant waives all rights to noticc of
forfeiture under Rule 32.2 and ofany other
action or proce_eding regarding such assets. Th.
nBhts ro compliance by rhe United.srares *irh
D.f*;;;; ;."-r,tr.ra waives a
Any retated administrative -, .pJ;;;le ieuarine, under t8
*l;!;"lrjrr,r, "r"i. 6r.iiy irr" d"-r.naunt is hereby
to._f.ule 32.2(b)(4), the Defendant agrees thar
l'rr^slart the preliminary order of
forfeiturewill satisfo the notice requJrement and will be final
as to ttre Oefendant at the
time it is enrered. In lhe event rhe forfeiture
Del'endant asrees rhat the forfeiture order may
; ;il ;;;;e judgment, the
judgment at any time pursuant to Rule
b. ir";;;;;i into the wrinen
J6.
Ifthe Unired States discov^ers-that the Defendant has
not fu,y disclosed all assets, the
United_ Stares may seek fort'eiture-of.uny
,ru..qr"nity_a;i""**a
Defendant agrees to the immediate forfeiture
ofany .r"tiurr"ra. ^..ii"""i,i.i"
The Defendant furthcr agrees to make a fu
and complete disclosure ofall assets oyer
which Defendant exercises contror and those which
ari iiia o, uy nominees.
TheDefendant agrees that.Federal Rule of C.i*i,.tpro."ai "onoort"a
re tt and U.S.S.G. ( lgl.g
will not protect fiom forfeiture, assets disclosed Uy
coopcration. The Defendant further agrees to .ubmit
t" J"Aaunt as part of his,trer
to u fotyg.rpt examinalion on
the issue ofassets if it is deemed necesiary
by the Uri,.a S,i""r.
The Defendant agrees to waive any doublejeop_ardy
claims the Defendant may have as
a result ola lbrfeiture proceeding againrt
,ny ,f tn.,. prof""i", u, p-uiaJii, ty
PIea Agreement antr agrees to waive any .r"rn,, ilri.
,rruliii-iir.i..iture des,ibed herein
constitutes an excessive fine.
Forfeifure of the Defendanl,s assets shall not be
treated as satisfaction of any fine,
restitution, cost of imprisonment, or any other penalty
rhe Court may impose upon lhe
Defcndant in addirion to forfciture. rr,. urit.i
ii^iJr'r*]"rr" ,r," varue of forfeited
property for restitution. but is not required to
do so.
I l The Dcfendant arso agrees to voruntarily transfcr all right, title,
rnterest and craim in the
above-described property and/or assets to the
united states of America. Furthermore, the
Dcfendant attests, under penalty ol perjury,
rhat thc Defcndant owns the above-described
Page8ofll
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 9 of 11
property and/or assels free of any liens and encumbrances, and that no
other person o,
entity has a claim to the above-described property and,/or assets.
ran d Other Provisions
12. The Defendant and the Governmcnt stipurate and agrec ro the
forowing tbr purposes of
calculating the Defendant's sentence pursuant to the united States Sentencing
commission
Guidelines
A. Pursuant to U.S.S.G. Section 28l.l(bxl), the Defendant wir be herd
accountable
for a loss of more than $250,000 but not more than $550,000.
The Dcfendant understands that these stipulations are not binding upon the
court or the
united states Probation office, and that the D€fendant has no right to withdraw
his/her
plea should these stipulations not be accepted, Further, the Defendant
understands and
acknowledges that these stipurations are binding on the Govemment only
in the event that
the Defendant complies witir ALL ofthe terms ofthis Agreement and does
not cont€st any
of the above stipulations or any readily provable relcvant conduct.
13'Thc Defendant represents to the court that he/she has met with his/her
attomey on a
sufficient number ofoccasions and for a sufllcient period offine ro discuss
the Defendant,s
case and receive advice; thal the Defendant has been truthfur
with his/her attomey and
related all information of which the Dcfendant is aware perraining
to the caser thar thc
Defendant and his/her attorney have discussed possible defenses,
if any, to the charges in
the Superseding Indictrncnt including the cxistence of any exculpatory
or favorable
evidence or witnesses, discussed tbe Defendant.s right
to a public trial by jury or by the
Court, the right to the assislalce of ccunsel thrcughout the pioceedings,
tirc right io call
witnesses in the Dcfendant,s behalf and compel their
attendance at trial by subpoena, the
Page9ofll
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 10 of 11
right to confront and cross-examine the Govemmcnt's witnesses, the Defendant,s right to
testitr in his/her orvn behalf, or to remain silent and have no adverse infcrcnces drawn from
his/her silence; and that the Defendant, with the advice ofcounsel,lras weighed the relative
benefits ofa trial byjury or by the Court versus a plea ofguilty pursuant to this Ageement,
and has entered this Agreement as a matter ofthe Defendant,s liee and voluntary choice,
and nol as a resuh ofpressure or intimidation by any person.
14. The Defcndant is aware that l8 u.s.c. 6 3742 and 28 U.S.c.
$ 2255 afford every defendant
certain rights to contest a conviction and/or sentence. Acknowledging those rights, the
Defendant, in exchange fbr the concessions made by the Government in this plea
Agreement, waives the right to contest either the conviction or the sentence in any direct
appeal or other post-conviction action, including any proceedings under 2g U.S.C.
$ 2255.
This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial
misconduct, or future changes in the law that affect the defendant,s sentence. This
agreement does not afl'ect the rights or obligations ofthe Govemment as set forth in 1g
u.s.c. $ 3742(b). Nor does it limit the Govemment in its commenrs in or responses r.o any
post-sentencing matteIs.
l5' The Defendant waives all rights, whether asserted directly or by a representative, to request
or receive fiom any deparhnent or agency ofthe united states any records pertaining to
the investigation or prosecution of this case, including without Iimitation any records that
nay bc sought under rhe Fr€edon of Information Act, 5 U.S.C. g 552, or the privacy Act
of 1974, 5 U.S.C. 6 552a.
16. The parties hcreby agree that this prea Agreemenl contains the entire agree
ent of the
parties; that this Agreeurent supersedes alr prior promises, representations and
statements
Page 10 of 1l
4:22-cr-00140-JD Date Filed 12/02/22 Entry Number 172 Page 11 of 11
of the parties; that this Agreemcnt shall not bc binding on any parry until the Defcndant
tenders a plea of guilty to the court having jurisdiction over this matter; that flris Agreement
may be modified only in writing signed by all parties; and that any and all other promises,
representations and statements, whether made prior to, contemporaneous with or after
this
Agreemcnt, are null and void.
lL- t-?J-
Datc
c'/&?
MOHAMMAD RIBHI FARRAJ
Defendant
Date
iL -\-1--l- 1u/l--
Seth Cole Rose, Esquire
Defense Attorney
ADAIR F. BOROUGHS
UNITED STATES ATTORNEY
tz- Z- ZZ_
Date A, Shoemake Id.#1
Assislant United States Attorncy
Pagellofll
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