Memorandum of Plea Agreement — United States of America v. Crandall Speights (Document 43)

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A Memorandum of Plea Agreement in United States of America v. Crandall Speights, Criminal Action No. 23-78-RGA, in the U.S. District Court for the District of Delaware, filed May 9, 2025 as Document 43. The defendant agrees to plead guilty to Counts 1-2 and 4-10 of the Indictment: bank fraud under Title 18, United States Code, §§ 1344 and 2, wire fraud, conspiracy to commit wire fraud under Section 1349, and money laundering under Section 1957; the government will move to dismiss Count 3. The parties stipulate a loss amount of $999,009.99 and a two-level enhancement for more than 10 victims. The defendant agrees to forfeit $813,556.99 and the contents of checking accounts at Discover Bank, Aspiration, HSBC and Bank of America, to pay a $900 special assessment, and to restitution; sealed Attachment A is incorporated. The signature page names Judge Richard G. Andrews.

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Case 1:23-cr-00078-RGA Document43_ Filed 05/09/25 Page 1 of 11 PagelD #: 80

USAO Rev. 11/23

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA )
)
v. )

) Criminal Action No. 23-78-RGA
CRANDALL SPEIGHTS, )
)
Defendant. )

MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through
its attorneys, Shannon T. Hanson, Acting United States Attorney for the District of
Delaware, and Carly Hudson, Assistant United States Attorney, and the defendant,
Crandall Speights, by and through his attorney, Stanley King, Esquire, the following
agreement is hereby entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Court for
the District of Delaware to: Counts 1-2 and 4-10 of the Indictment. Count 1 charges
‘the defendant with bank fraud, in violation of Title 18, United States Code, §§ 1344
and 2. Counts 2, 5, 6, 7, and 8 charge the defendant with wire fraud, in violation of
Title 18, United States Code, Section 138438. Count 4 charges the defendant with
conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section
1349. Counts 9-10 charge the defendant with money laundering, in violation of Title
18, United States Code, Section 1957.

2. The defendant understands that the maximum penalties for each Count

are:
Case 1:23-cr-00078-RGA Document 43 _ Filed 05/09/25 Page 2 of 11 PagelD #: 81

devised a scheme to defraud or to obtain money by materially false or fraudulent
pretenses or representations; second, that the defendant acted with the intent to
defraud; and third, that in advancing, furthering, or carrying out the scheme, the
defendant transmitted any writing by means of a wire communication in interstate |
commerce. The defendant knowingly, voluntarily, and intelligently admits his guilt
to each of the above-described elements of Counts 2, 5, 6, 7, and 8.

5. The defendant understands that if there were a trial with regard to
Count 4, the government would have to prove the following elements beyond a
reasonable doubt: first, that the defendant and a co-conspirator not named in the
indictment, in some way or manner, agreed to try to accomplish a common and
unlawful plan to commit wire fraud, as described in paragraphs 25-29 of the
Indictment; and second, that the defendant knew the unlawful purpose of the plan
and willfully joined in it. The defendant knowingly, voluntarily, and intelligently
admits his guilt to each of the above-described elements of Count 4

6. The defendant understands that if there were a trial with regard to
Counts 9 and 10, the government would have to prove the following elements beyond
a reasonable doubt as to each count: first, that the defendant knowingly engaged in
a monetary transaction; second, that the monetary transaction was of a value greater
than $10,000; third, that the monetary transaction involved criminally derived
property from a specified unlawful activity; fourth, that the defendant knew the

monetary transaction involved criminally derived property; and fifth, that the
Case 1:23-cr-00078-RGA Document 43 Filed 05/09/25 Page 3 of 11 PagelD #: 82

a. Count 1: 30 years of imprisonment; a $1,000,000 fine or twice the
gross gain or loss from the offense, whichever is greater; 5 years of supervised release;
restitution; and a $100 special assessment.

b. Counts 2, 4, 5, 6, 7, and 8: 20 years of imprisonment; a $250,000
fine or twice the gross gain or loss from the offense, whichever is greater; 3 years of
supervised release; restitution: and a $100 special assessment.

Cc, Counts 9-10: 10 years of imprisonment; a $250,000 fine or twice
the gross gain or loss from the offense, whichever is greater; 3 years of supervised
release; restitution; and a $100 special assessment.

3. The defendant understands that if there were a trial with regard to
Count 1, the government would have to prove the following elements beyond a
reasonable doubt: first, that the defendant knowingly executed a scheme to obtain
money under the control of the financial institutions listed in Count 1 of the
Indictment by means of material false or fraudulent pretenses or representations;
and second, that the financial institutions listed in Count 1 of the Indictment were
then insured by the Federal Deposit Insurance Corporation. The defendant
knowingly, voluntarily, and intelligently admits his guilt to each of the above-
described elements of Count 1.

4, The defendant understands that if there were a trial with regard to
Counts 2, 5, 6, 7, and 8, the government would have to prove the following elements

beyond a reasonable doubt as to each count: first, that the defendant knowingly
Case 1:23-cr-00078-RGA Document 43 Filed 05/09/25 Page 4 of 11 PagelD #: 83

monetary transaction took place within the United States. The defendant knowingly,
voluntarily, and intelligently admits his guilt to each of the above-described elements
of Counts 9 and 10.

7. The defendant is pleading guilty to Counts 1-2 and 4-10 because he is,
in fact, guilty.

8. At or around the time of sentencing, the government will move to
dismiss Count 3. The defendant waives the statute of limitations as to any counts
to be dismissed under this agreement and agrees that if the defendant withdraws
from, or successfully challenges, the guilty plea entered under this agreement, or if
any counts are otherwise reinstated under the terms of this agreement, neither the
statute of limitations nor the Double Jeopardy Clause will bar prosecution on any
such count or counts.

9. Pursuant to Section 6B1.4 of the November 1, 2024, edition of the United
States Sentencing Guidelines Manual (‘U.S.S.G.”), the parties enter into the
following stipulations:

a. Pursuant to U.S.S.G. § 2B1.1(b)(1), the amount of loss derived
from bank or wire fraud set forth in Counts 1, 2, 4, 5, 6, 7, and 8, including relevant
conduct as defined in U.S.S.G. § 1B1.3, is $999,009.99.

b. Pursuant to U.S.S.G. § 2B1.1()(2)(A)@, a two offense-level

enhancement applies because the offense involved more than 10 victims;
Case 1:23-cr-00078-RGA Document 43 Filed 05/09/25 Page 5 of 11 PagelD #: 84

c. Pursuant to U.S.S.G. § 2S1.1(a)(1), the base offense level for
Counts 9 and 10 (money laundering) is 12, in light of the loss amount for the
underlying unlawful activity set forth in Counts 2 and 5 of the Indictment;

d. Pursuant to U.S.8.G. § 2S1.1(b)(2)(A), a: one offense-level
enhancement applies because the defendant was convicted under 18 U.S.C. § 1957.

e. Provided that the United States does not subsequently learn of
conduct by the defendant inconsistent with the acceptance of responsibility, the
United States agrees that in consideration of the defendant’s timely guilty plea, it
will not oppose a two-level reduction in the Offense-Level pursuant to U.S.S.G. §
3E1.1(a). Further, should it be determined that the defendant’s Offense Level is 16
or greater prior to the application of the aforementioned two-level reduction, the
United States agrees that the defendant’s Offense Level should be reduced by one
additional level, pursuant to U.S.S.G. § 3E1.1(b), for a total reduction of three levels.
It is understood and agreed that: (1) the parties are free to argue (except as stated
above) the applicability of any other provision of the Sentencing Guidelines, including
offense conduct, offense characteristics, criminal history, adjustments, cross-
references, and departures; (2) these stipulations are not binding upon either the
Probation Office or the Court; and (8) the Court may make factual and legal
determinations that differ frum these stipulations and that may result in an increase

or decrease in the Sentencing Guidelines range and the sentence that may be

imposed.
Case 1:23-cr-00078-RGA Document 43 Filed 05/09/25 Page 6 of 11 PagelD #: 85

10. The United States retains the right to make whatever recommendations
at the time of sentencing that it believes are appropriate and to defend the rulings of
the District Court at any subsequent proceeding.

11. The defendant understands that the District Court must consider the
United States Sentencing Guidelines, the applicable statutory maximum penalties,
and the factors set forth in 18 U.S.C. § 3553(a) in determining an appropriate
sentence. The defendant understands that the ultimate determination of an
appropriate sentence will be up to the sentencing judge. The Court may impose a
sentence that exceeds, falls below, or is contained within the sentencing range
prescribed by the Sentencing Guidelines. The defendant expressly acknowledges
that if the Court imposes a sentence outside the range set forth in the Sentencing
Guidelines, is otherwise different than the defendant expected, or is contrary to the
recommendation of his attorney or the United States, the defendant will not be
allowed to withdraw his guilty plea on that basis.

12. The defendant agrees to forfeit, pursuant to 28 U.S.C. § 2461(c) and 18
U.S.C. § 982(a)(2)(A) (as to bank or wire fraud involving financial institutions as
charged in Counts 1 and 4-8 of the Indictment and relevant conduct) and 18 U.S.C. §
981(a)(1)(C) (as to wire fraud involving theft of government funds as charged in Count
2, of the Indictment), any and all interests in any property, real or personal, which
constitutes or is derived from proceeds obtained directly or indirectly as a result of

the offenses and relevant conduct, including but not limited to $813,556.99, the sum

6
Case 1:23-cr-00078-RGA Document43_ Filed 05/09/25 Page 7 of 11 PagelD #: 86

of money equal to the proceeds derived from the offenses and relevant conduct. The
defendant also agrees to forfeit, pursuant to 18 U.S.C. § 981(a)(1), any property, real
or personal, involved in money laundering as charged in Counts 9-10 of the
Indictment, and any property traceable to such property, including but not limited
to: a sum of money equal to the proceeds derived from the offense and the contents of
(a) Discover Bank Checking Account Number XXXXXX1038; (b) Aspiration Checking
Account Number XXXXXXXX2884; (c) HSBC Checking Account Number
XXXXX0712; and (d) Bank of America Checking Account Number XXXXXXXX4939.
The defendant agrees to waive any and all interests in any such property in any
administrative or judicial forfeiture proceeding, whether criminal or civil, state or
federal. The defendant agrees to consent to the entry of orders of forfeiture for such
property and waives the requirements of Federal Rule of Criminal Procedure 32.2
and 43(a) regarding notice of forfeiture in the charging instrument, announcement of
the forfeiture in the defendant’s presence at sentencing, and incorporation of the
forfeiture in the judgment, as well as any applicable deadlines required by 18 U.S.C.
§ 983(a). The defendant acknowledges that he understands that 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 the defendant waives any
failure by the Court to advise the defendant of this, pursuant to Federal Rule of

Criminal Procedure 11(b)(1)(J), at the time the guilty plea is accepted. Pursuant to
Case 1:23-cr-00078-RGA Document 43 Filed 05/09/25 Page 8 of 11 PagelD #: 87

Rule 32.2(b)(8), the defendant will promptly consent to the preliminary order of

forfeiture becoming final as to the defendant before sentencing if requested by the

government to do so.

18. The defendant agrees to pay the $900 special assessment the day of
sentencing. Should he fail to do so, or should he have other outstanding financial
responsibilities as a result of his plea of guilty to Counts 1-2, and 4-10 of the
Indictment, the defendant agrees to voluntarily enter the United States Bureau of
Prisons’ Inmate Financial Responsibility Program, through which the Bureau of
Prisons will collect a portion of defendant’s prison salary and apply it on defendant’s
behalf to the payment of the outstanding debt ordered.

14. This Memorandum expressly incorporates Attachment A, which is
attached hereto and filed under seal. The government routinely files such an
attachment, even though it may or may not contain additional terms. To the extent,
however, that Attachment A contains additional terms, the parties acknowledge and
agree to be bound by those terms.

15. Pursuant to 18 U.S.C. §§ 3663 and 8663A, the defendant agrees to the
entry of a Restitution Order for the full amount of the victims’ losses attributable to
the defendant’s activities as ordered by the Court. The defendant understands that

an unanticipated amount of a restitution order will not serve as grounds to withdraw

his guilty plea.
Case 1:23-cr-00078-RGA Document 43 Filed 05/09/25 Page 9 of 11 PagelD #: 88

16. In order to facilitate the collection of financial obligations, including
restitution, to be imposed in connection with this prosecution:

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 those
assets held by a spouse, nominee or other third party. No later than thirty (80) days
subsequent to the defendant’s change of plea hearing, the defendant will submit a
completed sworn financial statement (“Financial Statement”) to the United States
Probation Office (“‘USPO”), in the form the USPO provides and as it directs. The
defendant will also provide to the USPO any supporting documentation in the
defendant’s possession, custody, or control (including banking and brokerage records)
for the disclosure set forth in the Financial Statement, as directed by the USPO. The
Financial Statement, disclosures, and supporting documentation will be complete
and truthful.

b. Upon receipt of the Financial Statement, the USPO shall
disclose the Financial Statement and supporting documentation to counsel for the
government and/or provide the government any additional supporting documentation
beyond that provided to the USPO in the defendant’s possession, custody, or control
(including banking and brokerage records) for the disclosure set forth in the Financial
Statement, as directed by the government, and/or to supplement the Financial
Statement if the government deems it incomplete. The defendant agrees that, at the

discretion of the government, the defendant will participate in a deposition in aid of
Case 1:23-cr-00078-RGA Document 43 _ Filed 05/09/25 Page 10 of 11 PagelD #: 89

collection of restitution, which may occur any time between entry of the guilty plea
and entry of judgment.

c. Should the defendant fail to provide complete, accurate, timely
and truthful financial information as set forth above, the government, in its sole
discretion, may deem such conduct inconsistent with the acceptance of responsibility
and may do any or all of the following: (i) oppose any reduction in the defendant’s
Offense Level, pursuant to Sentencing Guideline Section 3E1.1(a); Gi) seek an
enhancement of the defendant’s sentence for obstruction of justice under Sentencing
Guideline Section 3C1.1; (iii) file a motion for upward variance from the otherwise
applicable Sentencing Guideline range; (iv) seek an order compelling production of

the financial information; and/or (v) void this Plea Agreement in its entirety.

Mil

10
Case 1:23-cr-00078-RGA Document43 Filed 05/09/25 Page 11 of 11 PagelD #: 90

17. Itis further agreed by the undersigned parties that this Memorandum
— together with sealed Attachment A — supersedes all prior promises,
representations, and statements of the parties; that this Memorandum may be
modified only in writing signed by all the parties; and that any and all promises,
representations, and statements made prior to or after this Memorandum are null
and void and have no effect whatsoever, unless they comport with the subsequent

written modification: provisions of this paragraph.

SHANNON T, HANSON
ACTING UNITED STATES ATTORNEY

Stanley King, Hsquird: “ea A, Hudson

Attoyneyfor Defendant Assistant United States Attorney

Crandall Speights; Defendant

AND NOW, this bad day of “May— a , 2025, the

ejected) by this

foregoing Memorandum of Plea Agreement is herelfy (accepted)

THE HONORABLE RIGHARD G. ANDREWS
UNITED STATES Ae JUDGE

Court.

11


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