Memorandum of Plea Agreement — United States of America v. Carey Mills, Cr. No. 22-00034 DKW (Dkt. 7, D. Haw.)

Summary

A memorandum of plea agreement in United States of America v. Carey Mills, Cr. No. 22-00034 DKW, in the U.S. District Court for the District of Hawaii, filed May 17, 2022 as Document 7. Mills agrees to waive indictment and plead guilty to an Information charging wire fraud affecting a financial institution under Title 18, United States Code, Section 1343, which carries up to 30 years and a fine of up to $1,000,000. In the factual stipulations Mills admits applying for PPP and EIDL loans for Kanaka Maoli Hookupu Center, New Way Horizon Travel and Uilani Kawailehua Foundation with false employee, payroll and revenue information, receiving $937,575 and using loan proceeds to buy two properties in Keaau, Hawaii. The parties stipulate restitution of $937,575 and a loss between $550,000 and $1.5 million, and Mills consents to a forfeiture money judgment and forfeiture of $69,791.77.
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
Full text

Text recognized from a scanned document; may contain errors. Page 23 of 23 is not shown because the text could not be recognized reliably.
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page1of23 PagelD #: 16

FILED IN THE
UNITED STATES DISTRICT COURT
PARE bs CONNORS #7936 DISTRICT OF HAWAII
Distt of Hawaii MAY 17 2022

District of Hawaii ‘
at “o'clock and 72) min M eey

CLE ‘S. District Cou
MICHAEL NAMMAR CLERK, U is

Deputy Chief, Criminal Division

REBECCA A. PERLMUTTER

GREGG PARIS YATES #8225

Assistant U.S. Attorneys

Room 6100, PJKK Federal Building

300 Ala Moana Blvd.

Honolulu, Hawaii 96850

Telephone: (808) 541-2850

Facsimile: (808) 541-2958

Emails: Rebecca.Perlmutter@usdoj.gov
Gregg. Yates@usdoj.gov

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, ) CR. NO. 22-00034 DKW
)
Plaintiff, ) MEMORANDUM OF PLEA
) AGREEMENT
VS. )
)
CAREY MILLS, ) DATE: May 17, 2022
) TIME: 10:00 a.m.
Defendant. ) JUDGE: Hon. Derrick K. Watson
)
)

MEMORANDUM OF PLEA AGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the

UNITED STATES OF AMERICA, by its attorney, the United States Attorney for
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 2of23 PagelD#:17

the District of Hawaii, and the defendant, CAREY MILLS, and his attorney, Neal
J. Kugiya, Esq., have agreed upon the following:

THE CHARGES

1. The defendant acknowledges that he has been charged in an
Information with violating Title 18, United States Code, Section 1343 (wire fraud
affecting a financial institution).

2. The defendant has read the charge against him contained in the
Information, and that charge has been fully explained to him by his attorney.

3. The defendant fully understands the nature and elements of the crime
with which he has been charged.

THE AGREEMENT

4. The defendant agrees to waive indictment and enter a voluntary plea
of guilty to Information, which charges him with engaging in a fraudulent scheme
to obtain loans guaranteed by the federal government by the use of interstate wires.
The defendant is aware that he has the right to have this felony asserted against
him by way of grand jury indictment. The defendant hereby waives this right and
consents that this offense may be charged against him by way of the Information.
In return, the United States Attorney’s Office for the District of Hawaii agrees not

to file charges against the defendant related to the procurement of government-
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 3o0f23 PagelD #: 18

guaranteed loans through the CARES Act programs and disposition of proceeds for
those loans, based on the information now known to the government. Further, the
United States Attorney's Office for the District of Hawaii agrees not to file charges
against Person A, who is an individual known to both parties, for conduct related
to the charge in the Information against the defendant and any disposition of loan
proceeds, based on the information now known to the government.

5. The defendant agrees that this Memorandum of Plea Agreement shall
be filed and become part of the record in this case.

6. The defendant enters this plea because he is in fact guilty of engaging
in a fraudulent scheme to obtain loans guaranteed by the federal government by the
use of interstate wires as charged in Information, and he agrees that this plea is
voluntary and not the result of force or threats.

PENALTIES

ry The defendant understands that the penalties for the offense to which
he is pleading guilty include:
a. A term of imprisonment of up to 30 years and a fine of up to
$1,000,000, plus a term of supervised release of up to 5 years.
b. In addition, the Court must impose a $100 special assessment as

to each count to which the defendant is pleading guilty. The defendant agrees to
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 4of23 PagelD #: 19

pay $100 for each count to which he is pleading guilty to the District Court’s
Clerk’s Office, to be credited to said special assessments, before the
commencement of any portion of sentencing. The defendant acknowledges that
failure to make such full advance payment in a form and manner acceptable to the
prosecution will allow, though not require, the prosecution to withdraw from this
Agreement at its option.

C. Forfeiture. Pursuant to 18 U.S.C. § 982(a)(2)(A) and/or 18
U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461, forfeiture of any property, real or
personal, which constitutes or is derived from proceeds traceable to a violation of
wire fraud affecting a financial institution and/or a specified unlawful activity
within the meaning of 18 U.S.C. § 1956(c)(7) or a conspiracy to commit such
offense.

d. Restitution. The Court must also award restitution pursuant to
Title 18, United States Code, Section 3663A, to the persons and entities victimized
by the defendant’s offenses. The defendant understands that the Court will
determine the amounts of restitution to be ordered, as well as the persons and
entities entitled to such restitution, with the assistance of the United States
Probation Office. The defendant agrees to pay restitution for all losses caused by

the defendant’s conduct, regardless of whether the counts of the Information
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page5of23 PagelD#: 20

associated with such losses will be dismissed as part of this Agreement. The
defendant stipulates that the restitution amount is $937,575 to be paid to the
entities to be specified in the restitution order.

FACTUAL STIPULATIONS

8. The defendant admits the following facts and agrees that they are not
a detailed recitation, but merely an outline of what happened in relation to the
charge to which the defendant is pleading guilty:

a. During the COVID-19 pandemic, Congress passed the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. As part of the
CARES Act, Congress established the Paycheck Protection Program (“PPP”),
which allowed qualifying small businesses to receive forgivable loans guaranteed
by federal funds for use on specific expenses, including payroll costs, mortgage
interest, rent, and utilities. The PPP loan program was administered by the U.S.
Small Business Administration (the “SBA”). Certain financial depository
institutions were delegated authority as approved lenders to process PPP loans.
Economic Injury Disaster Loans (““EIDL”) were also federal guaranteed loans
administered by the SBA. Similar to PPP loans, EIDL provided COVID-19

assistance to small businesses affected by COVID-19.
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 6of23 PagelD#: 21

b. To obtain an EIDL or PPP loan, a small business had to submit
an application and provide truthful and accurate information that included tax
documents submitted to the IRS, and information about the business’s employees,
ownership, history, and finances, such as revenues, liabilities, and losses due to the
pandemic.

i From an earlier date, but by in or around May 2020 to August
2020 and thereafter, CAREY MILLS, the defendant, engaged in a knowing and
intentional scheme to obtain federal funds through the PPP and EIDL loan
programs that the defendant knew he and the various businesses were not entitled
to receive. The defendant took various steps to apply for PPP and EIDL small
business loans on behalf of the businesses. The applications included false and
fraudulent representations and information that he knew to be false and fraudulent
at the time he submitted the applications.

d. The defendant applied for fraudulent loans using multiple
businesses, including Kanaka Maoli Hookupu Center (““KMHC”), New Way
Horizon Travel (““NWHT”), and Uilani Kawailehua Foundation (““UKF”). These
businesses included ownership information associated with the defendant’s family
and friends that were part of the false loan applications, at times without their

authorization or knowledge. To support the false loan applications, the defendant
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 7of23 PagelD#: 22

submitted false and fraudulent IRS Forms 941 (Employer’s Quarterly Federal Tax
Returns) listing false employee, payroll, and wage information. Defendant also
provided false payroll spreadsheets as part of the loan application. Among other
false representations on the applications, the defendant reported false employee
and payroll information, false revenue information, and on the PPP loan
applications he falsely answered “no” to the question whether the business or
business owner had any ownership or common management with any other
business. Further, the PPP loan applications included certifications, including
about applications for other PPP loans, that the defendant knew were false when he
submitted the applications.

e, From the scheme, the defendant received $937,575 for three of
his fraudulent loan applications and for one SBA grant. Specifically, on or about
May 4, 2020 the defendant applied for a PPP loan for NWHT from Bank A and
received $350,000 for the loan on or about May 14, 2020; on or about May 17,
2020 he applied for a PPP loan for KMHC from Bank A and received $475,175 for
the loan on or about May 20, 2020; and on or about June 27, 2020 he applied for
an EIDL loan and an SBA grant for UKF from the SBA and received $10,000 for
the grant on or about June 30, 2020 and $102,400 for the loan on or about July 13,

2020. On his applications, the defendant directed the loan proceeds to be
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 8of23 PagelD #: 23

deposited into personal bank accounts controlled by him and/or Person A. Prior to
these loan deposits, the bank account balances were only a few hundred dollars or
less. Most of the loan proceeds were spent in rapid succession and on items that
provided the defendant and his family a personal benefit. Further, within weeks
of the fraudulent loan deposits into the defendant and Person A’s accounts, the
defendant and Person A used the fraudulent loan proceeds to purchase two real
properties in Keaau, Hawaii. For example, in June 2020, the defendant and
Person A purchased a property located at 15-1544 15th Avenue, Lot 845, Keaau,
Hawaii 96749, for approximately $41,407.21.

f. In furtherance of the scheme to defraud, on or about May 14,
2020, the defendant knowingly caused the interstate wire transmission of $350,000
for a PPP loan for NWHT from Bank A to the defendant’s joint Bank of Hawaii
bank account ending in -5554.

9, Pursuant to CrimLR 32.1(a) of the Local Rules of the United States
District Court for the District of Hawaii, the parties agree that the charge to which
the defendant is pleading guilty adequately reflects the seriousness of the actual
offense behavior and that accepting this Agreement will not undermine the

statutory purposes of sentencing.
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page9of23 PagelD#: 24

SENTENCING STIPULATIONS

10. Pursuant to CrimLR 32.1(b) of the Local Rules of the United States
District Court for the District of Hawaii and Section 6BI.4 of the Sentencing
Guidelines, the parties stipulate to the following for the purpose of the sentencing
of the defendant in connection with this matter:

a. The parties agree that the loss attributable to the defendant,
including relevant conduct, is between $550,000 and $1.5 million, pursuant to
U.S.S.G. § 2B1.1(b)(1)(H).

b. The parties make no agreements regarding the appropriate
sentence, such that both parties can seek a sentence within or outside of the
calculated Guidelines range.

e, As of the date of this agreement, it is expected that the
defendant will enter a plea of guilty prior to the commencement of trial, will
truthfully admit his involvement in the offense and related conduct, and will not
engage in conduct that is inconsistent with such acceptance of responsibility. If
all of these events occur, and the defendant’s acceptance of responsibility
continues through the date of sentencing, a downward adjustment of 2 levels for
acceptance of responsibility will be appropriate. See U.S.S.G. § 3E1.1(a) and

Application Note 3.
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 10of23 PagelD#: 25

d. The United States Attorney agrees that the defendant’s
agreement herein to enter into a guilty plea constitutes notice of intent to plead
guilty in a timely manner, so as to permit the government to avoid preparing for
trial as to the defendant. Accordingly, the United States Attorney anticipates
moving in the Government’s Sentencing Statement for a one-level reduction in
sentencing offense level pursuant to Guideline § 3E1.1(b), if the defendant is
otherwise eligible. The defendant understands that notwithstanding its present
intentions, and still within the Agreement, the prosecution reserves the rights (1) to
argue to the contrary in the event of receipt of new information relating to those
issues, and (2) to call and examine witnesses on those issues in the event that either
the United States Probation Office finds to the contrary of the prosecution’s
intentions or the Court requests that evidence be presented on those issues.

11. The parties agree that notwithstanding the parties’ Agreement herein,
the Court is not bound by any stipulation entered into by the parties but may, with
the aid of the presentence report, determine the facts relevant to sentencing. The
parties understand that the Court’s rejection of any stipulation between the parties
does not constitute a refusal to accept this Agreement since the Court is expressly

not bound by stipulations between the parties.

10
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 1ilof23 PagelD #: 26

12. The parties represent that as of the date of this agreement there are no
material facts in dispute.

APPEAL/COLLATERAL REVIEW

13. The defendant is aware that he has the right to appeal his conviction
and the sentence imposed. The defendant knowingly and voluntarily waives the
right to appeal, except as indicated in subparagraph “b” below, his conviction and
any sentence within the Guidelines range as determined by the Court at the time of
sentencing, and any lawful restitution or forfeiture order imposed, or the manner in
which the sentence, restitution, or forfeiture order was determined, on any ground
whatsoever, in exchange for the concessions made by the prosecution in this
Agreement. The defendant understands that this waiver includes the right to
assert any and all legally waivable claims.

a. The defendant also waives the right to challenge his conviction
or sentence or the manner in which it was determined in any collateral attack,
including, but not limited to, a motion brought under Title 28, United States Code,
Section 2255, except that the defendant may make such a challenge (1) as
indicated in subparagraph “b” below, or (2) based on a claim of ineffective

assistance of counsel.

11
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 12o0f23 PagelD #: 27

b. If the Court imposes a sentence greater than specified in the
guideline range determined by the Court to be applicable to the defendant, the
defendant retains the right to appeal the portion of his sentence greater than
specified in that guideline range and the manner in which that portion was
determined and to challenge that portion of his sentence in a collateral attack.

c. The prosecution retains its right to appeal the sentence and the
manner in which it was determined on any of the grounds stated in Title 18, United
States Code, Section 3742(b).

FINANCIAL DISCLOSURE

14. In connection with the collection of restitution or other financial
obligations, including forfeiture as set forth below, that may be imposed upon him,
the defendant agrees as follows:

a. The defendant agrees to fully disclose all assets in which he has
any interest or over which he exercises control, directly or indirectly, including any
assets held by a spouse, nominee, or third party. The defendant understands that
the United States Probation Office (USPO) will conduct a presentence
investigation that will require the defendant to complete a comprehensive financial
statement. To avoid the requirement of the defendant completing financial

statements for both the USPO and the government, the defendant agrees to

12
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 13o0f23 PagelD #: 28

truthfully complete a financial statement provided to the defendant by the United
States Attorney’s Office. The defendant agrees to complete the disclosure
statement and provide it to the USPO within the time frame required by the United
States Probation officer assigned to the defendant’s case. The defendant
understands that the USPO will in turn provide a copy of the completed financial
statement to the United States Attorney’s Office. The defendant agrees to provide
written updates to both the USPO and the United States Attorney’s Office
regarding any material changes in circumstances, which occur prior to sentencing,
within seven days of the event giving rise to the changed circumstances. The
defendant’s failure to timely and accurately complete and sign the financial
statement, and any written update thereto, may, in addition to any other penalty or
remedy, constitute the defendant’s failure to accept responsibility under U.S.S.G
§ 3E1.1.

b. The defendant expressly authorizes the United States
Attorney’s Office to obtain his credit report. The defendant agrees to provide
waivers, consents, or releases requested by the United States Attorney’s Office to
access records to verify the financial information, such releases to be valid for a

period extending 90 days after the date of sentencing. The defendant also

13
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 14of23 PagelD#: 29

authorizes the United States Attorney’s Office to inspect and copy all financial
documents and information held by the USPO.

C; Prior to sentencing, the defendant agrees to notify the Financial
Litigation Unit of the U.S. Attorney’s Office before making any transfer of an
interest in property with a value exceeding $1,000 owned directly or indirectly,
individually or jointly, by the defendant, including any interest held or owned
under any name, including trusts, partnerships, and corporations.

FORFEITURE

15. As part of his acceptance of responsibility and pursuant to 18 U.S.C.
§ 982(a)(2)(A) and/or 18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461, the defendant
agrees as follows:

a. (1) The defendant consents to the entry of a forfeiture money
judgment in the amount of $937,575 in United States currency (the “Forfeiture
Money Judgment”) and (2) the defendant will forfeit all of his right, title, and
interest in the following property (the “Specific Property”):

i. $69,791.77 seized from Title Guaranty Escrow Services
Inc. on or about January 3, 2022 for proceeds of a sale of real property located at
15-1544 15th Avenue, Lot 845, Keaau, Hawaii 96749 (Tax Map Key No.: 3-1-5-

42-24),

14
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Pagei15of23 PagelD #: 30

b. The defendant acknowledges that the Forfeiture Money
Judgment and the Specific Property are subject to forfeiture pursuant to 18 U.S.C.
§ 982(a)(2)(A) and/or 18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461 as property,
real or personal, constituting, or derived from, proceeds the person obtained
directly or indirectly, as the result of a violation of 18 U.S.C. § 1343 affecting a
financial institution and/or traceable to a violation of a specified unlawful activity
within the meaning of 18 U.S.C. § 1956(c)(7) or a conspiracy to commit such
offense.

&. The defendant knowingly and voluntarily waives and agrees to
waive any and all constitutional, statutory, and other challenges to the forfeiture on
any and all grounds, including that the forfeiture constitutes an excessive fine or
punishment under the Eighth Amendment. The defendant waives all
constitutional, legal, and equitable defenses to the entry of and collection of the
Forfeiture Money Judgment. The defendant knowingly and voluntarily waives
any right to a jury trial on the forfeiture of property.

d. The defendant agrees to consent promptly upon request to the
entry of any orders deemed necessary by the government or the Court to complete
the forfeiture and disposition of the property. The defendant waives the

requirements of Rules 32.2 and 43(a) of the Federal Rules of Criminal Procedure

15
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 16of23 PagelD #: 31

regarding notice of forfeiture in the charging instrument, announcement of
forfeiture at sentencing, and incorporation of the forfeiture in the judgment. The
defendant acknowledges that he understands that the forfeiture of the property, if
the government elects to conduct the forfeiture criminally, will be part of the
sentence imposed upon the defendant in this case and waives any failure by the
Court to advise the defendant of this, pursuant to Rule 11(b)(1)(J) of the Federal
Rules of Criminal Procedure, during the change of plea hearing. Pursuant to Rule
32.2(b)(4) of the Federal Rules of Criminal Procedure, the defendant consents to
the preliminary order of forfeiture for the Specific Property and the Forfeiture
Money Judgment becoming final as to the defendant when entered.

g. The defendant agrees to waive all interest in the Specific
Property in any administrative or judicial forfeiture proceeding, whether criminal
or civil, state or federal, and to withdraw any claim that the defendant may have
filed in such a proceeding. The defendant further waives any other notice
requirement that may apply to the administrative and/or civil forfeiture of the
Specific Property.

ie Any forfeited money and the net proceeds from the sale of the
Specific Property will be applied to the Forfeiture Money Judgment in partial

satisfaction thereof. The defendant understands, however, that the forfeiture of

16
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page17of23 PagelD #: 32

the forfeitable property does not constitute and will not be treated as satisfaction, in
whole or in part, of any fine, restitution, reimbursement of cost of imprisonment, or
any other monetary penalty this Court may impose upon the defendant in addition
to the forfeiture.

g. The defendant represents and agrees that, within the meaning of
21 U.S.C. § 853(p), the Forfeiture Money Judgment amount, $937,575, represents
property subject to forfeiture that, as a result of any act or omission of the
defendant,

(A) cannot be located upon the exercise of due diligence;

(B) has been transferred or sold to, or deposited with, a third
party;

(C) has been placed beyond the jurisdiction of the court;

(D) has been substantially diminished in value; or

(E) has been commingled with other property which cannot be
divided without difficulty.

h. Payment of the Forfeiture Money Judgment shall be made by
postal money order, bank check, or certified check payable to the Customs and
Border Protection. On or before the date he enters his plea of guilty pursuant to
this agreement, the defendant shall cause said check to be hand-delivered to the

Asset Forfeiture Unit, United States Attorney’s Office, District of Hawaii, PIKK

17
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page18of23 PagelD #: 33

Federal Building, 300 Ala Moana Boulevard, Room 6-100, Honolulu, Hawaii
96850, with the criminal docket number noted on the face of the check.

ly If the Forfeiture Money Judgment is not paid on or before the
date the defendant enters his plea of guilty pursuant to this agreement, interest shall
accrue at the judgment rate of interest (as defined by 28 U.S.C. § 1961) on any
unpaid portion thereof at the judgment rate of interest from that date.
Furthermore, if the defendant fails to pay any portion of the Forfeiture Money
Judgment on or before the date of his guilty plea, the defendant consents to the
forfeiture of any other property alleged to be subject to forfeiture in the
Information, including substitute assets, in full or partial satisfaction of the money
judgment, and remains responsible for the payment of any deficiency until the
Forfeiture Money Judgment, including any accrued interest, is paid in full.

IMPOSITION OF SENTENCE

16. The defendant understands that the District Court in imposing
sentence will consider the provisions of the Sentencing Guidelines. The defendant
agrees that there is no promise or guarantee of the applicability or non-applicability
of any Guideline or any portion thereof, notwithstanding any representations or

predictions from any source.

18
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page19o0f23 PagelD #: 34

17. The defendant understands that this Agreement will not be accepted or
rejected by the Court until there has been an opportunity by the Court to consider a
presentence report, unless the Court decides that a presentence report is
unnecessary. The defendant understands that the Court will not accept an
agreement unless the Court determines that the remaining charge adequately
reflects the seriousness of the actual offense behavior and accepting the Agreement
will not undermine the statutory purposes of sentencing.

WAIVER OF TRIAL RIGHTS

18. The defendant understands that by pleading guilty he surrenders
certain rights, including the following:

a. If the defendant persisted in a plea of not guilty to the charges
against him, then he would have the right to a public and speedy trial. The trial
could be either a jury trial or a trial by a judge sitting without a jury. The
defendant has a right to a jury trial. However, in order that the trial be conducted
by the judge sitting without a jury, the defendant, the prosecution, and the judge all
must agree that the trial be conducted by the judge without a jury.

b. If the trial is a jury trial, the jury would be composed of twelve
laypersons selected at random. The defendant and his attorney would have a say

in who the jurors would be by removing prospective jurors for cause where actual

19
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 200f23 PagelD#: 35

bias or other disqualification is shown, or without cause by exercising peremptory
challenges. The jury would have to agree unanimously before it could return a
verdict of either guilty or not guilty. The jury would be instructed that the
defendant is presumed innocent, and that it could not convict him unless, after
hearing all the evidence, it was persuaded of his guilt beyond a reasonable doubt.

G If the trial is held by a judge without a jury, the judge would
find the facts and determine, after hearing all the evidence, whether or not he or
she was persuaded of the defendant’s guilt beyond a reasonable doubt.

d. At a trial, whether by a jury or a judge, the prosecution would
be required to present its witnesses and other evidence against the defendant. The
defendant would be able to confront those prosecution witnesses and his attorney
would be able to cross-examine them. In turn, the defendant could present
witnesses and other evidence on his own behalf. Ifthe witnesses for the defendant
would not appear voluntarily, the defendant could require their attendance through
the subpoena power of the Court.

e. At atrial, the defendant would have a privilege against
self-incrimination so that he could decline to testify, and no inference of guilt

could be drawn from his refusal to testify.

20
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 21o0f23 PagelD #: 36

19. The defendant understands that by pleading guilty, he is waiving all of
the rights set forth in the preceding paragraph. The defendant’s attorney has
explained those rights to him, and the consequences of the waiver of those rights.

USE OF PLEA STATEMENTS

20. If, after signing this Agreement, the defendant decides not to plead
guilty as provided herein, or if the defendant pleads guilty but subsequently makes
a motion before the Court to withdraw his guilty plea and the Court grants that
motion, the defendant agrees that any admission of guilt that he makes by signing
this Agreement or that he makes while pleading guilty as set forth in this
Agreement may be used against him in a subsequent trial if the defendant later
proceeds to trial. The defendant voluntarily, knowingly, and intelligently waives
any protection afforded by Rule 11(f) of the Federal Rules of Criminal Procedure
and Rule 410 of the Federal Rules of Evidence regarding the use of statements
made in this Agreement or during the course of pleading guilty when the guilty
plea is later withdrawn. The only exception to this paragraph is where the
defendant fully complies with this Agreement but the Court nonetheless rejects it.
Under those circumstances, the United States may not use those statements of the

defendant for any purpose.

21
Case 1:22-cr-00034-DKW Document 7 Filed 05/17/22 Page 22 o0f23 PagelD #: 37

21. The defendant understands that the prosecution will apprise the Court
and the United States Probation Office of the nature, scope and extent of the
defendant’s conduct regarding the charges against him, related matters, and any
matters in aggravation or mitigation relevant to the issues involved in sentencing.

22. The defendant and his attorney acknowledge that, apart from any
written proffer agreements, if applicable, no threats, promises, agreements or
conditions have been entered into by the parties other than those set forth in this
Agreement, to induce the defendant to plead guilty. Apart from any written
proffer agreements, if applicable, this Agreement supersedes all prior promises,
agreements or conditions between the parties.

23. To become effective, this Agreement must be signed by all signatories
listed below.

24. Should the Court refuse to accept this Agreement, it is null and void
and neither party shall be bound thereto.

AGREED:
CLARE E. CONNORS

United States Attorney
District of Hawaii

Gil CH Dated: Mey Lb, 0A d
MICHAEL NAMMAR VA
Deputy Chief, Criminal Division

22
File and source

File: 7.pdf
Size: 4,677,700 bytes
SHA-256: 2ef0a537b0642180ead43e01ce359b310f15afe4b896917d2ebf5083c6ca185a
Our copy: 7.pdf
Original: No public link identified.