Plea Agreement Letter — United States v. Ryan L. Terry, 2:25-cr-00546 (D.N.J., Document 20)

Summary

Document 20, filed 09/11/25, in Case 2:25-cr-00546-ES, is a plea agreement letter dated June 8, 2025, from the United States Attorney's Office for the District of New Jersey to Charles Simmons, Esq., counsel for Ryan L. Terry. It states that the Office will accept a guilty plea from Terry to a two count Information charging conspiracy to commit bank fraud (Count 1) and bank fraud (Count 2). It states that the restitution amount agreed upon by Terry is $50,336.08 and that Schedule A sets the total Guidelines offense level at 18. It states that the offer expires on June 17, 2025, if it is not accepted in writing by that date. The signature block names Alina Habba, United States Attorney.

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Case 2:25-cr-00546-ES Document 20 Filed 09/11/25 Page 1 of 9 PagelD: 48

U.S. Department of Justice

United States Attorney
District of New Jersey

970 Broad Street, 7* floor 978-646-2700
Newark, New Jersey 07102

TSK/CSS/PL AGR
UBAO No, 2024R00586
June 8, 2025

Charles Simmons, Esq.
Simmons Law

28 Washington Street, Suite 104
East Orange, N.J. 07017

Re: Plea Agreement with RYAN L. TERRY

Dear Mr, Simmons;

This letter sets forth the plea agreement between your client, Ryan L. Terry
(“TERRY”), and the United States Attorney for the District of New Jersey (“this
Office”). This offer will expire on June 17, 2025, ifit is not accepted in writing by
that date. If TERRY does not accept this plea agreement, his sentencing exposure
could increase beyond what is discussed in this plea agreement as a result of this
Office’s investigation,

Charge

Conditioned on the understandings specified below, this Office will accept a
guilty plea from TERRY to a two count Information, which charges TERRY with
conspiracy to commit bank fraud, contrary to 18 U.S.C, § 1844, in violation of 18
U.S.C. § 1849 (Count 1), and bank fraud, in violation of 18 U.S.C. §§ 1344 and 2
(Count 2), If TERRY enters a guilty plea and is sentenced on this charge and.
otherwise fully complies with this agreement, this Office will not initiate any
further criminal charges against TERRY for conspiracy to commit bank fraud, bank
fraud, and theft concerning programs receiving federal funds between on or about
March 2028 through on or about January 20265.

But if a guilty plea in this matter is not entered for any reason or a guilty
plea or judgment of conviction entered in accordance with this agreement does not
remain in full force and effect, this Office may reinstate any dismissed charges and
initiate any other charges against THRRY even if the applicable statute of
limitations period for those charges expires after TERRY signs this agreement, and
TERRY agrees not to assert that any such charges are time-barred.
Case 2:25-cr-00546-ES Document 20 Filed 09/11/25 Page 2 of 9 PagelD: 49

Sentencing

The violations of 18 U.S.C, §§ 1844, 1849 and 2 to which TERRY agrees to
plead guilty in the Information carry a statutory maximum prison sentence of 30
years and a statutory maximum fine equal to the greatest of (1) $1,000,000, or (2)
twice the gross amount of any pecuniary gain that any persons derived from the
offenses, or (8) twice the gross amount of any pecuniary loss sustained by any
victims of the offenses. The prison sentences on Counts 1 and 2 may run
consecutively to each other or to any prison sentence TERRY is serving or is ordered
to serve. Fines imposed by the sentencing judge may be subject to the payment of
interest.

The sentence to be imposed upon. TERRY is within the sole discretion of the
sentencing judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C,
§§ 8551-3742, and the sentencing judge’s consideration of the United States
Sentencing Guidelines, Those Guidelines are advisory, not mandatory, The
sentencing judge may impose any reasonable sentence up to and including the
statutory maximum term of imprisonment and the maximum statutory fine. This
Office cannot and does not make any representation or promise as to what
Guidelines range may be found by the sentencing judge, or as to what sentence
TERRY ultimately will receive.

Further, in addition to imposing any other penalty on TERRY, the sentencing
judge as part of the sentence:

(1) will order TERRY to pay an assessment of $100 per count pursuant to
18 U.S.C, § 8018, which assessment must be paid by the date of
sentencing;

(2) must order TERRY to pay restitution pursuant to 18 U.S.C, § 3663A;

(8) may order TERRY, pursuant to 18 U.S.C. § 8556, to give reasonable
notice and explanation of the convictions to any victims of her offenses;
and

(4) pursuant to 18 U.S.C, § 3588, may require TERRY to serve a term of
supervised release of not more than 5 years, which will begin at the
expiration of any term of imprisonment imposed, Should TERRY be
placed on a term of supervised release and subsequently violate any of
the conditions of supervised release before the expiration of its term,
TERRY may be sentenced to not more than 8 years’ imprisonment in
addition to any prison term previously imposed, regardless of the
statutory maximum term of imprisonment set forth above and without
credit for time previously served on post-release supervision, and may
be sentenced to an additional term of supervised release.
Case 2:25-cr-00546-ES Document 20 Filed 09/11/25 Page 3 of 9 PagelD: 50

Restitution

Pursuant to 18 U.S.C, § 83663A, TERRY agrees to pay full restitution to the
victims of the offenses of conviction or from the scheme, conspiracy or pattern of
criminal activity underlying that offense in an amount that fully compensates the
victims for the losses sustained as a result of those offenses, The restitution amount
agreed upon by TERRY is $50,336.08.

Rights of This Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office may take any
position with respect to the appropriate sentence to be imposed on TERRY by the
sentencing judge. This Office may also correct any misstatements relating to the
sentencing proceedings and provide the sentencing judge and the United States
Probation Office all law and information relevant to sentencing, favorable or
otherwise, And this Office may inform the sentencing judge and the United States
Probation Office of: (1) this agreement; and (2) the full nature and extent of
TERRY’s activities and relevant conduct with respect to this case,

Stipulations

This Office and TERRY will stipulate at sentencing to the statements set
forth in the attached Schedule A, which is part of this plea agreement. Both parties
understand that the sentencing judge and the United States Probation Office are
not bound by those stipulations and may make independent factual findings and
may veject any or all of the parties’ stipulations, Nor do these stipulations restxict
the parties’ rights to respond to questions from the Court and to correct
misinformation that has been provided to the Court.

This apxreement to stipulate on the part of this Office is based on the
information and evidence that this Office possesses as of the date of this agreement,
Thus, if this Office obtains or receives additional evidence or information prior to
sentencing that it believes materially conflicts with a Schedule A stipulation, that
stipulation shall no longer bind this Office. A determination that a Schedule A.
stipulation is not binding shall not release the parties from any other portion of this
agreement, including any other Schedule A stipulation.

If the sentencing court rejects a Schedule A stipulation, both parties reserve
the right to argue on appeal or at post-sentencing proceedings that the sentencing
court did so properly. Finally, to the extent that the parties do not stipulate to a
particular fact or legal conclusion in this agreement, each reserves the right to
argue how that fact or conclusion should affect the sentence,
Case 2:25-cr-00546-ES Document 20 _ Filed 09/11/25 Page 4 of 9 PagelD: 51

Waiver of Appeal and Post-Sentencing Rights

As set forth in Schedule A and the paragraph below, this Office and TERRY
waive certain rights to appeal, collaterally attack, or otherwise challenge the
judgment of conviction or sentence,

Immigration Consequences

TERRY understands that, if TERRY is not a citizen of the United States,
TERRY ’s guilty plea to the charged offenses will likely result in TERRY being
subject to immigration proceedings and removed from the United States by making
TERRY deportable, excludable, or inadmissible, or ending TERRY ’s naturalization.
TERRY understands that the immigration consequences of this plea will be imposed
in. a separate proceeding before the immigration authorities. TERRY wants and
agrees to plead guilty to the charged offenses regardless of any immigration
consequences of this plea, even if this plea will cause TERRY ’s removal from the
United States. TERRY understands that TERRY is bound by this guilty plea
regardless of any immigration consequences. Accordingly, TERRY waives any right
to challenge the guilty plea, sentence, or both based on any immigration
consequences. TERRY also agrees not to seek to withdraw this guilty plea, or to file
a direct appeal, or any kind of collateral attack challenging the guilty plea,
conviction, or sentence, based on any immigration consequences of the guilty plea or
sentence,

Other Provisions

This agreement is limited to the United States Attorney's Office for the
District of New Jersey and cannot bind other federal, state, or local authorities. If
requested to do so, however, this Office will bring this agreement to the attention of
other prosecuting offices,

This agreement was reached without regard to any civil or administrative
matters that may be pending or commenced in the future against TERRY, So this
agreement does not prohibit the United States, any agency thereof (including the
Internal Revenue Service and Immigration and Customs Enforcement) or any third
party from initiating or prosecuting any civil or administrative proceeding against
TERRY,

No provision of this agreement shall preclude TERRY from pursuing in an
appropriate forum, when permitted by law, a claim that TERRY received
constitutionally ineffective assistance of counsel.
Case 2:25-cr-00546-ES Document 20 _ Filed 09/11/25 Page 5 of 9 PagelD: 52

No Other Promises

This agreement constitutes the entire plea agreement between TERRY and
this Office and supersedes any previous agreements between them. No additional
promises, agreements, or conditions have been made or will be made unless set
forth in writing and signed by the parties.

Very truly yours,

ALINA HABBA
United States Attorney

By: Thomas S. Kearney
Casey S, Smith
Assistant U.S, Attorneys

APPROVED:

Ronnell L, Wilson
Chief, Special Prosecutions Division
Case 2:25-cr-00546-ES Document 20 Filed 09/11/25 Page 6 of 9 PagelD: 53

I have received this letter from my attorney, Charles Simmons, Esq, I have
read it. My attorney and I have reviewed and discussed it and all of its provisions,
including those addressing the charge, sentencing, stipulations (including the
attached Schedule A), waiver, restitution, and immigration consequences. I
understand this letter fully and am satisfied with my counsel’s explanations, I
accept its terms and conditions and acknowledge that it constitutes the plea
agreement between the parties. I understand that no additional promises,
agreements, or conditions have been made or will be made unless set forth in
writing and signed by the parties. I want to plead guilty pursuant to this plea
agreement.

AGREED AND ACCEPTED:

LAD Date: OG / L [26

I have reviewed and discussed with my client this plea agreement and all of
its provisions, including those addr essing the charge, sentencing, stipulations
(ncluding ¢ the attached Schedule A), waiver, restitution, and immigration
prstands this plea agreement fully and wants to plead

Counsel for Defendant
Case 2:25-cr-00546-ES Document 20 Filed 09/11/25 Page 7 of 9 PagelD: 54

Plea Asreement With RYAN L, TERRY

Schedule A

1. This Office and TERRY recognize that the United States Sentencing
Guidelines do not bind the sentencing judge. Hach party nevertheless agrees to
these stipulations,

2. The version of the Guidelines effective November 1, 2024 applies in
this case.

Counts 1 and 2: Conspiracy to Commit Bank Fraud and Bank Fraud — 18 U.S.C. §§
1844, 1849

3. Because TERRY has been charged with conspiracy to violate 18 U.S. C,
§ 1844, the applicable guideline for the offense charged in Count 1 of the
Information is U.S.S.G. § 2B1.1(a)(1). See U.S.5.G. § 2X1.1.

A, The applicable guidelines for the offense charged in Count 2 of the
Information is also U.S.S.G. § 2B1.1(a)c1).

5, The applicable guideline for both Count 1 and 2 carries a Base Offense
Level of 7. See U.S.S.G. § 2B1.1(a)(1).

6, The loss attributable to the offense conduct was more than $40,000 but
less than $95,000. The offense level is therefore increased by 6 levels. See U.S.S.G.

7. Specific offense characteristic U.S.S.G. § 8B1.1(b) applies because TERRY
was a Manager or supervisor (but not an organizer or leader) and the criminal
activity involved five or more participants, which results in an increase of 3 levels,

Grouping of Multiple Counts and Combined Offense Level

8. Pursuant to U.S.S.G. § 8D1,2(d), Counts 1 and 2 of the Information are
to be grouped into a single Group. Pursuant to U.S.8.G. § 8D1.8(b), the offense level
for the Group is the offense level corresponding to the aggregated quantity.
Accordingly, the offense level for the Group is 16.

9. As ofthe date of this letter, TERRY has clearly demonstrated a
recognition and affirmative acceptance of personal responsibility for the offenses
charged, Therefore, a downward adjustment of 2 levels for acceptance of
responsibility is appropriate if TERRY ’s acceptance of responsibility continues
through the date of sentencing. See U.S.8.G. § 8E1.1(a),
Case 2:25-cr-00546-ES Document 20 Filed 09/11/25 Page 8 of 9 PagelD: 55

10, As of the date of this letter, TERRY has assisted authorities in the
investigation or prosecution of his own misconduct by timely notifying authorities of
his intention to enter a plea of guilty, thereby permitting this Office to avoid
preparing for trial and permitting this Office and the court to allocate their
resources efficiently. At sentencing, this Office will move for a further 1-point
yeduction in TERRY’s offense level pursuant to U.S.S.G. § 8E1.1(b) if the following
conditions ave met: (a) TERRY enters a plea pursuant to this agreement, (b) this
Office, in its discretion, determines that TERRY’s acceptance of responsibility has
continued through the date of sentencing and THRRY therefore qualifies for a 2-
point reduction for acceptance of responsibility pursuant to U.S8.8.G. § 8R1.1@), and
(c) TERRY’s offense level under the Guidelines prior to the operation of § 83H:1,1(a) is
16 or greater.

11. Accordingly, the parties agree that the total Guidelines offense level
applicable to TERRY is 18 (the “Total Offense Level”).

12, If the term of imprisonment does not exceed 18 months, and except as
specified in the next paragraph below, TERRY will not challenge or seek to reduce
by any means any component of the sentence imposed by the sentencing judge for
any reason other than ineffective assistance of counsel, The term “any means”
includes a direct appeal under 18 U.S.C. § 8742 or 28 U.S.C. § 1291, a motion to
vacate the sentence under 28 U.S.C. § 2256, a motion to reduce the term of
imprisonment under 18 U.S.C. § 8582(c)(1)) or (c)(2), a motion for early
termination of supervised release under 18 U.S.C. § 8588(e)(1), and any other
appeal, motion, petition, or writ, however captioned, that seeks to attack or modify
any component of the sentence. If the term of imprisonment is at least 12 months,
this Office will not challenge by appeal, motion, or writ any component of the
sentence imposed by the sentencing judge. The provisions of this paragraph bind
the parties even if the sentencing judge employs a Guidelines analysis different
from the one above.

18. Both parties reserve the right to file or to oppose any appeal, collateral
attack, writ or motion not barred by the preceding paragraph or any other provision
of this plea agreement. Moreover, the preceding paragraph does not apply to:

(a) Any proceeding to revoke the term of supervised release,

(b) A motion to reduce the term of imprisonment under 18 U.S.C.
§ 8682(c)(D(A).

(c) Anappeal from the denial of a § 3582(c)(1)(A) motion on the
grounds that the court erred in finding no extraordinary and
compelling circumstances warranting a reduced term of
imprisonment or that the court failed to consider those


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