Guilty Plea and Plea Agreement — United States v. Rashid (N.D. Ga., Document 61-1)
Summary
A Guilty Plea and Plea Agreement, Document 61-1, filed 07/28/22 in Case 1:21-cr-00259-JPB-CMS, between the United States Attorney for the Northern District of Georgia and Defendant Aleem Rashid, Criminal No. 1:21-CR-259-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The defendant pleads guilty to Count 1, and the agreement lists maximum penalties including a maximum term of imprisonment of 20 years. The Government agrees to dismiss remaining counts and to recommend a 2-level downward adjustment for minor participant under Section 3B1.2(b) and a sentence at the low end of the adjusted guideline range. It states that the defendant agrees to pay restitution of $905,163.35 to listed victims and abandons interest in seized property. It names Molly Hiland Farmer as the defendant's lawyer.
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
Cite this document
“Guilty Plea and Plea Agreement — United States v. Rashid (N.D. Ga., Document 61-1).”
Original at ecf.gand.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-usa-v-rashid-dkt-61-n-d-ga-53017b3810/
, SHA-256 9f1e1bb1822103924980715bdcf1f41075f9f2930b3e842d70186fd8ab0484be.Full text
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 1 of 16
GUILTY PLEA and PLEA AGREEMENT
United States Attomev
Northern District of Georgia
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. 1:21-CR-259-JPB-CMS
The United States Attorney for the Northern District of Georgia ("the
Government") and Defendant Aleem Rashid enter into this plea agreement as set
forth below in Part IV pursuant to Rules ll(c)(l)(A) & (B) of the Federal Rules of
Criminal Procedure. Aleem Rashid/ Defendant/ having received a copy of the
above-numbered Indictment and having been arraigned/ hereby pleads GUILTY
to Count 1.
I. ADMISSION OF GUILT
1. The Defendant admits that he is pleading guilty because he is in fact guilty
of the crime(s) charged in Count 1.
II. ACKNOWLEDGMENT & WAIVER OF RIGHTS
2. The Defendant understands that by pleading guilty/ he is giving up the
right to plead not guilty and the right to be tried by a jury. At a trial/ the
Defendant would have the right to an attorney/ and if the Defendant could not
afford an attorney/ the Court would appoint one to represent the Defendant at
trial and at every stage of the proceedings. During the trial/ the Defendant would
be presumed innocent and the Government would have the burden of proving
him guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the witnesses against him. If the Defendant wished/
he could testify on his own behalf and present evidence in his defense/ and he
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 2 of 16
could subpoena witnesses to testify on his behalf. If/ however/ the Defendant did
not wish to testify/ that fact could not be used against him/ and the Government
could not compel him to incriminate himself. If the Defendant were found guilty
after a trial, he would have the right to appeal the conviction.
3. The Defendant understands that by pleading guilty/ he is giving up all of
these rights and there will not be a trial of any kind.
4. By pleading guilty/ the Defendant also gives up any and all rights to pursue
any affirmative defenses/ Fourth Amendment or Fifth Amendment claims/ and
other pretrial motions that have been filed or could have been filed.
5. The Defendant also understands that he ordinarily would have the right to
appeal his sentence and/ under some circumstances/ to attack the conviction and
sentence in post-conviction proceedings. By entering this Plea Agreement/ the
Defendant may be waiving some or all of those rights to appeal and to
collaterally attack his conviction and sentence/ as specified below.
6. Finally/ the Defendant understands that/ to plead guilty/ he may have to
answer, under oath/ questions posed to him by the Court concerning the rights
that he is giving up and the facts of this case/ and the Defendant's answers/ if
untruthful/ may later be used against him in a prosecution for perjury or false
statements.
III. ACKNOWLEDGMENT OF PENALTIES
7. The Defendant understands that/ based on Ms plea of guilty/ he will be
subject to the following maximum and mandatory minimum penalties:
As to Count 1
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a. Maximum term of imprisonment: 20 years.
b. Mandatory minimum term of imprisonment: None.
c. Term of supervised release: 0 to 3 years.
d. Maximum fine: $250/000.00, or twice the gain or twice the loss/
whichever is greatest/ due and payable immediately.
e. Full restitution/ due and payable immediately, to all victims of the
offense(s) and relevant conduct.
f. Mandatory special assessment: $100.00, due and payable
immediately.
g. Forfeiture of any and all proceeds from the commission of the
offense/ any and all property used or intended to be used to facilitate
the offense, and any property involved in the offense.
8. The Defendant understands that/ before imposing sentence in this case/the
Court will be required to consider/ among other factors, the provisions of the
United States Sentencing Guidelines and that/ under certain circumstances/ the
Court has the discretion to depart from those Guidelines. The Defendant further
understands that the Court may impose a sentence up to and including the
statutory maximum as set forth in the above paragraph and that no one can
predict his exact sentence at this time.
9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that
pleading guilty may have consequences with respect to Us immigration status if
he is not a citizen of the United States. Under federal law, a broad range of
crimes are removable offenses/ including the offense to which the Defendant is
3
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pleading guilty. Indeed/ because the Defendant is pleading guilty to this offense/
removal is presumptively mandatory. Removal and other immigration
consequences are the subject of a separate proceeding/ however/ and the
Defendant understands that no one, including his attorney or the District Court/
can predict to a certainty the effect of his conviction on his immigration status.
The Defendant nevertheless affirms that he wants to plead guilty regardless of
any immigration consequences that his plea may entail/ even if the consequence
is his automatic removal from the United States.
IV. PLEA AGREEMENT
10. The Defendant/ his counsel, and the Government/ subject to approval by
the Court/ have agreed upon a negotiated plea in this case/ the terms of which are
as follows:
Dismissal of Counts
11. The Government agrees that/ upon the entry of the Judgment and
Commitment Order, any and all remaining counts in the above-styled case still
pending against the Defendant shall be dismissed pursuant to Standing Order
No. 07-04 of this Court and to Rule 48 (a) of the Federal Rules of Criminal
Procedure. The Defendant understands that the Probation Office and the Court
may still consider the conduct underlying such dismissed counts in determining
relevant conduct under the Sentencing Guidelines and a reasonable sentence
under Title 18, United States Code/ Section 3553(a).
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 5 of 16
No Additional Charges
12. The United States Attorney for the Northern District of Georgia agrees not
to bring further criminal charges against the Defendant related to the charges to
which he is pleading guilty. The Defendant understands that this provision does
not bar prosecution by any other federal/ state/ or local jurisdiction.
Sentencing Guidelines Recommendations
13. Based upon the evidence currently known to the Government/ the
Government agrees to make the following recommendations and/or to enter into
the following stipulations.
Base/Adjusted Offense Level
14. The Government agrees to recommend and the Defendant agrees that:
a. The applicable offense guideline is Section 2B1.1.
b. The Defendant receive the 14-level upward adjustment pursuant to
Section 2Bl.l(b)(l)(H) because the amount of loss resulting from the
offense of conviction and all relevant conduct is more than $550/000
but less than $1/500/000.
Role in the Offense Adjustments
15. The Government agrees to recommend and the Defendant agrees that:
a. The Defendant receive the 2-level downward adjustment pursuant
to Section 3B1.2(b) because the Defendant was a minor participant in
the criminal activity.
Obstruction & Related Adjustments
16. The Government agrees to recommend and the Defendant agrees that:
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 6 of 16
a. The Defendant not receive the 2-level upward adjustment pursuant
to Section 3C1.1 for obstruction of justice.
Acceptance of Responsibility
17. The Government will recommend that the Defendant receive an offense
level adjustment for acceptance of responsibility/ pursuant to Section 3E1.1/ to
the maximum extent authorized by the guideline. However/ the Government will
not be required to recommend acceptance of responsibility if/ after entering this
Plea Agreement/ the Defendant engages in conduct inconsistent with accepting
responsibility. Thus/ by way of example only/ should the Defendant falsely deny
or falsely attempt to minimize the Defendant's involvement in relevant offense
conduct, give conflicting statements about the Defendant's involvement/ fail to
pay the special assessment/ fail to meet any of the obligations set forth in the
Financial Cooperation Provisions set forth below, or participate in additional
criminal conduct, including unlawful personal use of a controlled substance/ the
Government will not be required to recommend acceptance of responsibility.
Right to Answer Questions, Correct Misstatements,
and Make Recommendations
18. The parties reserve the right to mform the Court and the Probation Office
of all facts and circumstances regarding the Defendant and this case/ and to
respond to any questions from the Court and the Probation Office and to any
misstatements of fact or law. Except as expressly stated elsewhere in this Plea
Agreement/ the parties also reserve the right to make recommendations
regarding application of the Sentencing Guidelines. The parties understand/
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 7 of 16
acknowledge/ and agree that there are no agreements between the parties with
respect to any Sentencing Guidelines issues other than those specificaUy listed.
Right to Modify Recommendations
19. With regard to the Government's recommendation as to any specific
application of the Sentencing Guidelines as set forth elsewhere in this Plea
Agreement/ the Defendant understands and agrees that/ should the Government
obtain or receive additional evidence concerning the facts underlying any such
recommendation/ the Government will bring that evidence to the attention of the
Court and the Probation Office. In addition/ if the additional evidence is
sufficient to support a finding of a different application of the Guidelines/ the
Government will not be bound to make the recommendation set forth elsewhere
in this Plea Agreement/ and the failure to do so wiU not constitute a violation of
this Plea Agreement.
Sentencing Recommendations
Specific Sentence Recommendation
20. Unless the Defendant engages in conduct inconsistent with accepting
responsibility, as described more fully in paragraph 17, the Government agrees
to recommend that the Defendant be sentenced at the low end of the adjusted
guideline range.
Restitution
21. The Defendant agrees to pay $905/163.35 as restitution/ plus applicable
interest/ to the Clerk of Court for distribution to the following victims of the
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offense(s) to which he is pleading guilty and all relevant conduct/ including/ but
not limited to/ any counts dismissed as a result of this Plea Agreement:
Wells Fargo Bank/ NA $99/947.60
Small Busmess Administration $29/259.06
Harvest Small Business Finance $775/956.69
Forfeiture
22. The Defendant waives and abandons his interest in any property that may
have been seized in connection with this case. The Defendant agrees to the
administrative or judicial forfeiture or the abandonment of any seized property.
The Defendant agrees to hold the United States and its agents and employees
harmless from any claims made in connection with the seizure/ forfeiture/ or
disposal of property connected to this case. The Defendant acknowledges that
the United States will dispose of any seized property/ and that such disposal may
include/ but is not limited to/ the sale/ release/ or destruction of the seized
property. The Defendant agrees to waive any and all constitutional/ statutory/
and equitable challenges in any manner (including direct appeal/ habeas corpus/
or any other means) to the seizure/ forfeiture, and disposal of any property
connected to this case on any grounds.
23. The Defendant acknowledges that he is not entitled to use forfeited assets
to satisfy any fine, restitution, cost of imprisonment/ tax obligations/ or any other
penalty the Court may impose upon the Defendant in addition to forfeiture.
8
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Financial Cooperation Provisions
Special Assessment
24. The Defendant agrees that he will pay a special assessment in the amount
of $100 by money order or certified check made payable to the Clerk of Court/
U.S. District Court/ 2211 U.S. Courthouse/ 75 Ted Turner Drive SW/ Atlanta/
Georgia 30303/ by the day of sentencing. The Defendant agrees to provide proof
of such payment to the undersigned Assistant United States Attorney upon
payment thereof.
Fme/Restitution - Terms of Payment
25. The Defendant agrees to pay any fine and/or restitution, plus applicable
interest/ imposed by the Court to the Clerk of Court for eventual disbursement to
the appropriate account and/or victim(s). The Defendant also agrees that the full
fine and/or restitution amount shall be considered due and payable
immediately. If the Defendant cannot pay the full amount immediately and is
placed in custody or under the supervision of the Probation Office at any time/
he agrees that the custodial agency and the Probation Office will have the
authority to establish payment schedules to ensure payment of the fine and/or
restitution. The Defendant understands that this payment schedule represents a
minimum obligation and that/ should the Defendant's financial situation
establish that he is able to pay more toward the fine and/or restitution, the
Government is entitled to pursue other sources of recovery of the fine and/or
restitution. The Defendant further agrees to cooperate fully in efforts to collect
the fine and/or restitution obligation by any legal means the Government deems
appropriate. Finally/ the Defendant and his counsel agree that the Government
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Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 10 of 16
may contact the Defendant regarding the collection of any fine and/or restitution
without notifying and outside the presence of Ms counsel.
Financial Disclosure
26. The Defendant agrees that the Defendant will not sell/ hide/ waste,
encumber/ destroy, or otherwise devalue any such asset worth more than $10/000
before sentencing/ without the prior approval of the Government. The Defendant
understands and agrees that the Defendant's failure to comply with this
provision of the Plea Agreement should result in the Defendant receiving no
credit for acceptance of responsibility.
27. The Defendant agrees to cooperate fully in the investigation of the amount
of forfeiture/ restitution/ and fine; the identification of funds and assets m which
he has any legal or equitable interest to be applied toward forfeiture, restitution/
and/or fine; and the prompt payment of restitution or a fine.
28. The Defendant's cooperation obligations include: (A) fully and truthfully
completing the Department of Justice's Financial Statement of Debtor form/ and
any addenda to said form deemed necessary by the Government/ within ten days
of the change of plea hearing; (B) submitting to a financial deposition or
interview (should the Government deem it necessary) prior to sentencing
regarding the subject matter of said form; (C) providing any documentation
within his possession or control requested by the Government regarding his
financial condition and that of his household; (D) fully and truthfully answering
all questions regarding his past and present financial condition and that of his
household in such interview(s); and (E) providing a waiver of his privacy
10
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 11 of 16
protections to permit the Government to access his credit report and tax
information held by the Internal Revenue Service.
29. So long as the Defendant is completely truthful/ the Government agrees
that anything related by the Defendant during his financial interview or
deposition or in the financial forms described above cannot and wUl not be used
against him in the Government's criminal prosecution. However/ the
Government may use the Defendant's statements to identify and to execute upon
assets to be applied to the fine an d/or restitution in this case. Further/ the
Government is completely free to pursue any and all investigative leads derived
in any way from the interview(s)/deposition(s)/fmancial forms/ which could
result in the acquisition of evidence admissible against the Defendant in
subsequent proceedings. If the Defendant subsequently takes a position in any
legal proceeding that is inconsistent with the mten/iew(s)/deposition(s)/
financial forms-whether in pleadings/ oral argument/ witness testimony,
documentary evidence/ questioning of witnesses/ or any other manner-the
Government may use the Defendants interview(s)/deposition(s)/fmancial
forms/ and all evidence obtained directly or indirectly therefrom/ in any
responsive pleading and argument and for cross-examination/ impeachment/ or
rebuttal evidence. Further/ the Government may also use the Defendant's
interview(s)/deposition(s)/financial forms to respond to arguments made or
issues raised sua sponte by the Magistrate or District Court.
Recommendations/Stipulations Non-binding
30. The Defendant understands and agrees that the recommendations of the
Government incorporated within this Plea Agreement/ as well as any
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Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 12 of 16
stipulations of fact or guideline computations incorporated within this Plea
Agreement or otherwise discussed between the parties/ are not binding on the
Court and that the Court's failure to accept one or more of the recommendations/
stipulations/ and/or guideline computations will not constitute grounds to
withdraw his guilty plea or to claim a breach of this Plea Agreement.
Limited Waiver of Appeal
31. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by
federal law, the Defendant voluntarily and expressly waives the right to appeal
his conviction and sentence and the right to collaterally attack his conviction and
sentence m any post-conviction proceeding (including/ but not limited to/
motions filed pursuant to 28 U.S.C. § 2255) on any ground/ except that the
Defendant may file a direct appeal of an upward departure or upward variance
above the sentencing guideline range as calculated by the District Court. Claims
that the Defendant's counsel rendered constitutionally ineffective assistance are
excepted from this waiver. The Defendant understands that this Plea Agreement
does not limit the Government's right to appeal/ but if the Government initiates a
direct appeal of the sentence imposed, the Defendant may file a cross-appeal of
that same sentence.
Miscellaneous Waivers
FOIA/Privacy Act Waiver
32. The Defendant hereby waives all rights/ whether asserted directly or by a
representative/ to request or receive from any department or agency of the
United States any records pertaining to the investigation or prosecution of this
12
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 13 of 16
case/ including/ without limitation/ any records that may be sought under the
Freedom of Information Act/ Title 5/ United States Code/ Section 552, or the
Privacy Act of 1974, Title 5, United States Code/ Section 552a.
No Other Agreements
33. There are no other agreements/ promises/ representations/ or
understandings between the Defendant and the Government.
In Open Court this _ day of
^
SIGN^TtRE^D^endanfs Attorney) S(G^TURE (Defendant)
Molly Hiland Farmer Aleem Rashid
SIGNATURE (Assistant U.S. Attorney)
Tal C. Chaiken
f/fctt&}f\^
SIGNATURE (Assistant U.S. Attorney)
Nathan P. Kitchens
SIGNATURE (Approving Official)
Stephen H. McClain
13
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 14 of 16
I have read the Indictment against me and have discussed it with my
attorney. I understand the charges and the elements of each charge that the
Government would have to prove to convict me at a trial. I have read the
foregoing Plea Agreement and have carefully reviewed every part of it with my
attorney. I understand the terms and conditions contained in the Plea
Agreement/ and I voluntarily agree to them. I also have discussed with my
attorney the rights I may have to appeal or challenge my conviction and
sentence/ and I understand that the appeal waiver contained in the Plea
Agreement will prevent me/ with the narrow exceptions stated/ from appealing
my conviction and sentence or challenging my conviction and sentence in any
post-conviction proceeding. No one has threatened or forced me to plead guilty/
and no promises or inducements have been made to me other than those
discussed in the Plea Agreement. The discussions between my attorney and the
Government toward reaching a negotiated plea in this case took place with my
permission. I am fully satisfied with the representation provided to me by my
attorney in this case.
"7
^_ _ o^)at/-...-,
S^^TURE (Defendant) DATE
Aleem Rashid
14
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 15 of 16
I am Aleem Rashid/s lawyer. I have carefully reviewed the charges and the
Plea Agreement with my client. To my knowledge/ my client is making an
informed and voluntary decision to plead guilty and to enter into the Plea
Agreement.
^)Z^ I -2e-t^
SIGNATURE (Defendants Attorney) DATE
Molly Hiland Farmer
Molly Hiland Farmer
Farmer Law
1201 West Peachtree Street
Suite 2300
Atlanta/ GA 30309
(404) 795-5060
942501 State Bar of Georgia Number
Filed in Open Court
This 2^tnday of }uJi^ . 2022
By FyWt QM/A^
15
Case 1:21-cr-00259-JPB-CMS Document 61-1 Filed 07/28/22 Page 16 of 16
U. S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only. There may be other
penalties imposed at sentencing.
ACCOUNT INFORMATION
CRIMINAL ACTION NO.: 1:21-CR-259-JPB-CMS
DEFENDANT'S NAME: ALEEM RASHID
PAY THIS AMOUNT: $100
Instructions:
1. Payment must be made by certified check or money order payable to:
Clerk of Court/ U.S. District Court
^personal checks will not be accepted*
2. Payment must be made to the clerk's office by the day of sentencing.
3. Payment should be sent or hand delivered to:
Clerk/ U.S. District Court
2211 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta/ Georgia 30303
(Do Not Send Cash)
4. Include the defendant's name on certified check or money order.
5. Enclose this coupon to insure proper and prompt application of payment.
6. Provide proof of payment to the above-signed AUSA within 30 days of the
guilty plea.
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