Plea Agreement — United States v. Vilsaint St Louis (S.D. Fla., Document 44)

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A Plea Agreement between the United States Attorney's Office for the Southern District of Florida and Vilsaint St Louis, Document 44 in Case 0:23-cr-60170-RNS, entered on the docket May 14, 2024, in the U.S. District Court for the Southern District of Florida. The defendant agrees to plead guilty to Count 1 of the Superseding Indictment, which charges Conspiracy to Defraud the United States under Title 18, United States Code, Section 371, and the Office agrees to dismiss Counts 2 through 4 at sentencing. The agreement states a statutory maximum of up to 5 years of imprisonment and a fine of up to $250,000, with a special assessment of $100. The parties agree to jointly recommend one year of probation, a $5,000 fine, and 100 hours of community service.

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Case 0:23-cr-60170-RNS Document 44 Entered on FLSD Docket 05/14/2024 Page 1 of 6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-CR-60170-SCOLA

UNITED STATES OF AMERICA,

Plaintiff,
VS.
VILSAINT ST LOUIS,
Defendant.
/
PLEA AGREEMENT

The United States Attorney’s Office for the Southern District of Florida (“this Office’) and
VILSAINT ST LOUIS (“Defendant”) enter into the following agreement:

1. Defendant agrees to plead guilty to Count 1 of the Superseding Indictment, which
charges Defendant with Conspiracy to Defraud the United States, in violation of Title 18, United
States Code, Section 371. This Office agrees to dismiss Counts 2 through 4 of the Superseding
Indictment at sentencing.

2. Defendant is aware that the sentence will be imposed by the Court after considering
the advisory Federal Sentencing Guidelines and Policy Statements (the “Sentencing Guidelines”).
Defendant acknowledges and understands that the Court will compute an advisory sentence under
the Sentencing Guidelines and that the applicable guidelines will be determined by the Court
relying in part on the results of a pre-sentence investigation by the Court’s probation office, which
investigation will commence after the guilty plea has been entered. Defendant is also aware that,
under certain circumstances, the Court may depart from the advisory sentencing guideline range

that it has computed and may raise or lower that advisory sentence under the Sentencing
Case 0:23-cr-60170-RNS Document 44 Entered on FLSD Docket 05/14/2024 Page 2 of 6

Guidelines. Defendant is further aware and understands that the Court is required to consider the
advisory guideline range determined under the Sentencing Guidelines but is not bound to impose
a sentence within that advisory range; the Court is permitted to tailor the ultimate sentence in light
of other statutory concerns, and such sentence may be either more severe or less severe than the
Sentencing Guidelines’ advisory range. Knowing these facts, Defendant understands and
acknowledges that the Court has the authority to impose any sentence within and up to the statutory
maximum authorized by law for the offense identified in paragraph 1 and that Defendant may not
withdraw the plea solely because of the sentence imposed.

3, Defendant also understands and acknowledges that the Court may impose a
statutory maximum term of imprisonment of up to 5 years, followed by a term of supervised release
of up to 3 years. In addition to a term of imprisonment and supervised release, the Court may
impose a fine of up to $250,000 and may order forfeiture and restitution.

4. Defendant further understands and acknowledges that, in addition to any sentence
imposed under paragraph 2 and 3 of this agreement, the Court will impose a special assessment of
$100. Defendant agrees that any special assessment imposed shall be paid at the time of sentencing.
If Defendant is financially unable to pay the special assessment, Defendant agrees to present
evidence to this Office and the Court at the time of sentencing as to the reasons for Defendant’s
failure to pay.

5. This Office reserves the right to inform the Court and the probation office of all
facts pertinent to the sentencing process, including all relevant information concerning the offenses
committed, whether charged or not, as well as concerning Defendant and Defendant’s background.

Subject only to the express terms of any agreed-upon sentencing recommendations contained in
Case 0:23-cr-60170-RNS Document 44 Entered on FLSD Docket 05/14/2024 Page 3 of 6

this agreement, this Office further reserves the right to make any recommendation as to the quality
and quantity of punishment.

6. This Office agrees that it will recommend at sentencing that the Court reduce by 2
levels the sentencing-guideline level applicable to Defendant’s offense, pursuant to Section
3E1.1(a) of the Sentencing Guidelines, based upon Defendant’s recognition and affirmative and
timely acceptance of personal responsibility. If at the time of sentencing Defendant’s offense level
is determined to be 16 or greater, this Office will file a motion requesting an additional 1-level
decrease pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that Defendant has
assisted authorities in the investigation or prosecution of Defendant’s own misconduct by timely
notifying authorities of Defendant’s intention to enter a plea of guilty, thereby permitting the
government to avoid preparing for trial and permitting the government and the Court to allocate
their resources efficiently. This Office, however, will not be required to make this motion and this
recommendation if Defendant: (1) fails or refuses to make a full, accurate and complete disclosure
to the probation office of the circumstances surrounding the relevant offense conduct; (2) is found
to have misrepresented facts to the government prior to entering into this plea agreement; or (3)
commits any misconduct after entering into this plea agreement, including but not limited to
committing a state or federal offense, violating any term of release, or making false statements or
misrepresentations to any governmental entity or official.

7. The parties agree to jointly recommend one year of probation, a $5,000 fine, and
100 hours of community service.

8. Defendant is aware that the sentence has not yet been determined by the Court.

Defendant also is aware that any estimate of the probable sentencing range or sentence that
Case 0:23-cr-60170-RNS Document 44 Entered on FLSD Docket 05/14/2024 Page 4 of 6

Defendant may receive, whether that estimate comes from Defendant’s attorney, this Office, or
the probation office, is a prediction, not a promise, and is not binding on this Office, the probation
office or the Court. Defendant understands further that any recommendation that this Office makes
to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on
the Court and the Court may disregard the recommendation in its entirety. Defendant understands
and acknowledges, as previously acknowledged in paragraph 3 above, that Defendant may not
withdraw his plea based upon the Court’s decision not to accept a sentencing recommendation
made by Defendant, this Office, or a recommendation made jointly by Defendant and this Office.

9. Defendant agrees, in an individual and any other capacity, to forfeit to the United
States, voluntarily and immediately, any right, title, and interest to any property, real or personal,
which constitutes or is derived from proceeds traceable to and/or obtained directly or indirectly,
‘as a result of such offense, pursuant to 18 U.S.C §§ 981(a)(1)(C) and 982(a)(2).

10. Defendant further agrees that forfeiture is independent of any assessment, fine, cost,
restitution, or penalty that may be imposed by the Court. The Defendant knowingly and voluntarily
agrees to waive all constitutional, legal, and equitable defenses to the forfeiture, including
excessive fines under the Eighth Amendment to the United States Constitution. In addition, the
Defendant agrees to waive: any applicable time limits for administrative or judicial forfeiture
proceedings, the requirements of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the forfeiture.

11. Defendant also agrees to fully and truthfully disclose the existence, nature and
location of all assets in which Defendant has or had any direct or indirect financial interest or
control, and any assets involved in the offenses of conviction. Defendant agrees to take all steps

requested by the United States for the recovery and forfeiture of all assets identified by the United
Case 0:23-cr-60170-RNS Document 44 Entered on FLSD Docket 05/14/2024 Page 5 of 6

States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon request
of all necessary and appropriate documentation to deliver good and marketable title, consenting to
all orders of forfeiture, and not contesting or impeding in any way with any criminal, civil or
administrative forfeiture proceeding concerning the forfeiture.

12. Defendant is aware that Title 28, United States Code, Section 1291, and Title 18,
United States Code, Section 3742, afford Defendant the right to appeal the sentence imposed in
this case. Acknowledging this, in exchange for the undertakings made by the United States in this
plea agreement, Defendant hereby waives all rights conferred by Sections 1291 and 3742 to appeal
any sentence imposed, including any restitution order, or to appeal the manner in which the
sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the
result of an upward departure and/or an upward variance from the advisory guideline range that
the Court establishes at sentencing. Defendant further understands that nothing in this agreement
shall affect the government’s right and/or duty to appeal as set forth in Title 18, United States
Code, Section 3742(b) and Title 28, United States Code, Section 1291. However, if the United
States appeals Defendant’s sentence pursuant to Sections 3742(b) and 1291, Defendant shall be
released from the above waiver of his right to appeal his sentence.

13. Defendant further hereby waives all rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statute to which Defendant is pleading guilty
is unconstitutional, and/or (2) the admitted conduct does not fall within the scope of the statute of
conviction.

14. By signing this agreement, Defendant acknowledges that Defendant has discussed

the appeal waiver set forth in this agreement with Defendant’s attorney. Defendant further agrees,
Case 0:23-cr-60170-RNS Document 44 Entered on FLSD Docket 05/14/2024 Page 6 of 6

together with this Office, to request that the Court enter a specific finding that Defendant’s waiver

of his right to appeal the sentence imposed in this case and his right to appeal his conviction in the

manner described above was knowing and voluntary.

15. This is the entire agreement and understanding between this Office and Defendant.

There are no other agreements, promises, representations, or understandings.

pate: > //1/Zu24 BY:

Date: 9 | 4 BY:

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

TREVOR€. JONES
ASSISTANT, UNITED STATES ATTORNEY

Z

FRANK IRIA

VILSAINT ST LOUW (7
DEFENDANT


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