Plea Agreement as to James Wessels, United States v. Rivera et al., No. 1:24-cr-00267 (D.N.J.), Doc. 129 (May 26, 2026)

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Plea agreement letter from the United States Attorney's Office for the District of New Jersey to counsel for James Wessels, Case No. 24-cr-267-KMW-3. The Office will accept a guilty plea from James Wessels to Count One of the Indictment, which charges bank fraud conspiracy, a violation carrying a statutory maximum prison sentence of 30 years. If James Wessels complies fully, the Office will move to dismiss Counts 2-4 and 8 at sentencing. The agreement requires full restitution for losses on the loans listed on Schedule B, which lists Paycheck Protection Program (PPP) loans from lenders including ReadyCap and KeyBank. James Wessels agrees the value of the forfeitable property was $30,610 and consents to an order to pay that Forfeiture Amount.

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Case 1:24-cr-00267-KMW Document129_ Filed 05/26/26 Page 1 of 11 PagelD: 736

Case No. 24-cr-267-KMW-3

U.S. Department of Justice
United States Attorney
District of New Jersey

JASON M. RICHARDSON 401 Market Street, Fourth Floor
Assistant United States Attomey Camden, New Jersey 08101-2098

Direct Dial: 856.968.4869
Email: Jason.Richardson@usdoj.gov

May 22, 2026

Mark W. Catanzaro, Esq.
21 Grant Street

Mt. Holly, NJ 08060

Re: Plea Agreement with James Wessels

Dear Mr. Catanzaro:

This letter sets forth the plea agreement between your client, James Wessels, and the United
States Attorney’s Office for the District of New Jersey (the “Office”). This offer will expire on
Monday, February 16, 2026, if it is not accepted in writing by that date. If James Wessels 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.

Charges

Conditioned on the understandings specified below, the Office will accept a guilty plea
from James Wessels to Count | of the Indictment, United States v. Eric Rivera, Adrienne Ponzo,
and James Wessels, Crim. No. 24-267 (D.N.J.), which charge him with bank fraud conspiracy, in
violation of 18 U.S.C. § 1349. If James Wessels 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 James Wessels for his role in the criminal conduct charged in the
Indictment, Crim. No. 24-267 (KMW), or for his role in creating and providing fake documents
for use in applications for Paycheck Protection Program (PPP) loans for the entities set forth in
Schedule B, or for laundering or spending the proceeds from these loans, provided that James
Wessels agrees that, for the purposes of sentencing, the loans set forth in Schedule B will be treated
as relevant conduct pursuant to U.S.S.G. § 1B1.3. In addition, if James Wessels fully complies
with all of the terms of this agreement, at the time of sentencing in this matter, this Office will
move to dismiss Counts 2-4 and 8 of the Indictment against him.

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 James
Wessels even if the applicable statute of limitations period for those charges expires after James

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Wessels signs this agreement, and James Wessels agrees not to assert that any such charges are
time-barred.

Sentencing
Count 1 — Bank Fraud Conspiracy

The violation of 18 U.S.C. § 1349 (Bank Fraud Conspiracy) to which James Wessels agrees
to plead guilty carries a statutory maximum prison sentence of 30 years and a statutory maximum
fine equal to the greatest of: (1) $1,000,000; (2) twice the gross amount of any pecuniary gain that
any persons derived from the offense; or (3) twice the gross amount of any pecuniary loss sustained
by any victims of the offense. The prison sentence may run consecutively to any prison sentence
James Wessels is serving or is ordered to serve.

The sentence to be imposed upon James Wessels is within the sole discretion of the
sentencing judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C. §§ 3551-
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 James Wessels
ultimately will receive.

James Wessels specifically agrees that for purposes of sentencing, uncharged offenses
and/or dismissed counts will be treated as relevant conduct pursuant to U.S.S.G. § 1B1.3, to the
extent that the offenses are related to the count of conviction.

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

(1) _ will order James Wessels to pay assessments of $100, pursuant to 18 U.S.C.
§ 3013, which assessment must be paid by the date of sentencing;

(2) must order James Wessels to pay restitution pursuant to 18 U.S.C. § 3663 et seq.;

(3) may order James Wessels, pursuant to 18 U.S.C. § 3555, to give reasonable notice
and explanation of the conviction to any victims of his offense;

(4) must order forfeiture, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(2)(A) and 28
U.S.C. § 2461;

(5) pursuant to 18 U.S.C. § 3583, may require James Wessels 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 James Wessels be placed on a term
of supervised release and subsequently violate any of the conditions of supervised

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release before the expiration of its term, James Wessels may be sentenced to not
more than three 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.

Restitution

Pursuant to the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A, James Wessels
agrees to pay full restitution to the victims of the offenses of conviction or from the scheme,
conspiracy, or pattern of criminal activity underlying those offenses in an amount that fully
compensates the victims for the losses sustained as a result of those offenses. As part of his
restitution obligations, James Wessels agrees to make full restitution for all losses—including the
full loan amount and all advances, origination fees, processing fees, and accrued interest—
associated with the loans listed on Schedule B.

Forfeiture

As part of his acceptance of responsibility, James Wessels agrees to forfeit to the United
States, pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(2)(A), any property, real or personal,
constituting, or derived from, proceeds he obtained directly or indirectly as a result of the
commission of the offenses charged in Count One of the Indictment, Crim. No. 24-267. James
Wessels further agrees that the value of such property was $30,610; that one or more of the
conditions set forth in 21 U.S.C. § 853(p) exists; and that the United States is therefore entitled to
forfeit substitute assets equal to the value of the proceeds obtained by James Wessels, in an amount
not to exceed $30,610 (the “Forfeiture Amount”). James Wessels consents to the entry of an order
requiring him to pay the Forfeiture Amount, in the manner described below (the “Order”), and that
the Order will be final as to James Wessels prior to sentencing, pursuant to Rule 32.2(b)(4) of the
Federal Rules of Criminal Procedure, and which may be satisfied in whole or in part with substitute
assets. James Wessels further agrees that upon entry of the Order, the United States Attorney’s
Office is authorized to conduct any discovery needed to identify, locate, or dispose of property
sufficient to pay the Forfeiture Amount in full or in connection with any petitions filed with regard
to proceeds or substitute assets, including depositions, interrogatories, and requests for production
of documents, and the issuance of subpoenas, and James Wessels agrees to cooperate with this
discovery.

All payments made in full or partial satisfaction of the Forfeiture Amount shall be made
by postal money order, bank, or certified check, made payable in this instance to the United States
Marshals Service, indicating James Wessels’s name and case number on the face of the check; and
shall be delivered by mail to the United States Attorney’s Office, District of New Jersey, Attn:
Asset Forfeiture and Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102.

James Wessels waives the requirements of Rules 32.2 and 43(a) of the Federal Rules of
Criminal Procedure regarding notice of the forfeiture in the charging instrument, announcement

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of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. James Wessels
understands that criminal forfeiture is part of the sentence that may be imposed in this case and
waives any failure by the court to advise him of this pursuant to Rule 11(b)(1)(J) of the Federal
Rules of Criminal Procedure at the guilty plea proceeding. James Wessels waives 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. It is
further understood that any forfeiture of James Wessels’s assets shall not be treated as satisfaction
of any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon him
in addition to forfeiture.

James Wessels further agrees that not later than the date he enters plea of guilty he will
provide a complete and accurate Financial Disclosure Statement on the form provided by this
Office. If James Wessels fails to provide a complete and accurate Financial Disclosure Statement
by the date he enters his plea of guilty, or if this Office determines that James Wessels has
intentionally failed to disclose assets on his Financial Disclosure Statement, James Wessels agrees
that that failure constitutes a material breach of this agreement, and this Office reserves the right,
regardless of any agreement or stipulation that might otherwise apply, to oppose any downward
adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1, and to seek leave of the
Court to withdraw from this agreement or seek other relief.

Rights of The Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office reserves the right to take any
position with respect to the appropriate sentence to be imposed on James Wessels 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
James Wessels’s activities and relevant conduct with respect to this case.

Stipulations

This Office and James Wessels 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 reject any or all of the parties’ stipulations. Nor
do these stipulations restrict the parties’ rights to respond to questions from the Court and to correct
misinformation that has been provided to the Court.

This agreement 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.

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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.

Waiver of Appeal and Post-Sentencing Rights

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

Immigration Consequences

James Wessels understands that, if James Wessels is not a citizen of the United States,
James Wessels’s guilty plea to the charged offense will likely result in James Wessels being subject
to immigration proceedings and removed from the United States by making James Wessels
deportable, excludable, or inadmissible, or ending James Wessels’s naturalization. James Wessels
understands that the immigration consequences of this plea will be imposed in a separate
proceeding before the immigration authorities. James Wessels wants and agrees to plead guilty to
the charged offense regardless of any immigration consequences of this plea, even if this plea will
cause James Wessels’s removal from the United States. James Wessels understands that James
Wessels is bound by this guilty plea regardless of any immigration consequences. Accordingly,
James Wessels waives any right to challenge the guilty plea, sentence, or both based on any
immigration consequences. James Wessels 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 James Wessels. 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 him.

No provision of this agreement shall preclude James Wessels from pursuing in an
appropriate forum, when permitted by law, a claim that he received constitutionally ineffective
assistance of counsel.
Case 1:24-cr-00267-KMW Document129_ Filed 05/26/26 Page 6 of 11 PagelD: 741

No Other Promises

This agreement constitutes the entire plea agreement between James Wessels 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,

ROBERT FRAZER
United States Attorney

By: JASON M. RICHARDSON
Assistant United States Attorney

APPROVED:

SARA A. ALIABADI
Deputy Attorney-In-Charge, Camden
Case 1:24-cr-00267-KMW Document129- Filed 05/26/26 Page 7 of 11 PagelD: 742

I have received this letter from my attorney, Mark W. Catanzaro, 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 and Schedule B), waiver,
forfeiture, 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:

WYAMES WESSELS

I have reviewed and discussed with my client this plea agreement and all of its provisions,
including those addressing the charge, sentencing, stipulations (including the attached Schedule A
and Schedule B), waiver, forfeiture, restitution, and immigration consequences. My client
understands this plea agreement fully and wants to plead guilty pursuant to it.

Mak W. Catanzaro, Esq.

Counsel to Defendant James Wessels
Case 1:24-cr-00267-KMW Document129_ Filed 05/26/26 Page 8 of 11 PagelD: 743

Plea Agreement with James Wessels
Schedule A

1. The Office and James Wessels recognize that the United States Sentencing
Guidelines are not binding upon the Court. Each party nevertheless agrees to these stipulations.

2. The version of the Guidelines effective November 1, 2025, applies in this case.

3. The applicable guideline is USSG §2X1.1. Pursuant to USSG §2X1.1(a), the Base
Offense Level is the base offense level from the guideline for the substantive offense, plus any
adjustments from such guideline for any intended offense conduct that can be established with
reasonable certainty.

4, The applicable guideline is U.S.S.G. §2B1.1 for Bank Fraud. This guideline
carries a Base Offense Level of 7 because the statutory maximum prison sentence for the charged
offense is 20 years or more.

5. Specific Offense Characteristic U.S.S.G. § 2B1.1(b)(1)(J) applies because the total
loss amount is greater than $3,500,000 but less than $9,500,000. This Specific Offense
Characteristic results in an increase of 18 levels.

6. The parties agree that James Wessels was a minor participant in the relevant
criminal activity, pursuant to U.S.S.G. § 3B1.2(b). This results in a decrease of 2 levels.

7. As of the date of this letter, James Wessels has clearly demonstrated a recognition
and affirmative acceptance of personal responsibility for the offense charged. Therefore, a
downward adjustment of 2 levels for acceptance of responsibility is appropriate if James Wessels’s
acceptance of responsibility continues through the date of sentencing. See U.S.S.G. § 3E1.1(a).

8. As of the date of this letter, James Wessels 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 the Office to avoid preparing for trial and permitting
the Office and the court to allocate their resources efficiently. At sentencing, the Office will move
for a further 1-point reduction in James Wessels’s offense level pursuant to U.S.S.G. § 3E1.1(b) if
the following conditions are met: (a) James Wessels enters a plea pursuant to this agreement, (b)
this Office, in its discretion, determines that James Wessels’s acceptance of responsibility has
continued through the date of sentencing and James Wessels therefore qualifies for a 2-point
reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a), and (c) James
Wessels’s offense level under the Guidelines prior to the operation of § 3E1.1(a) is 16 or greater.

9. If James Wessels establishes at sentencing that he both has no criminal history
points and meets the other criteria in U.S.S.G. § 4C1.1, he will be entitled to a further two-level
reduction in his offense level.

10. Accordingly, the parties agree that depending upon the sentencing Court’s
resolution of the open Guidelines issue noted above, the total offense level (“Total Offense Level”)
applicable to James Wessels is:
Case 1:24-cr-00267-KMW Document129_ Filed 05/26/26 Page 9 of 11 PagelD: 744

a. 20; or

b. 18, if James Wessels meets the criteria in U.S.S.G. § 4C1.1 because James
Wessels would deserve a 2-level reduction under that provision.

ll. The parties agree not to advocate for any upward or downward adjustment or
departure from the Guidelines range resulting from (a) the Total Offense Level and (b) the criminal
history category that the sentencing judge applies under Chapter 4 of the Guidelines without any
departure or variance. But each party may seek a variance from that Guidelines range, which the

other party may oppose.

12. Ifthe term of imprisonment does not exceed 33 months, and except as specified in
the next paragraph below, James Wessels 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. § 3742 or
28 U.S.C. § 1291, a motion to vacate the sentence under 28 U.S.C. § 2255, a motion to reduce the
term of imprisonment under 18 U.S.C. § 3582(c)(1)(B) or (c)(2), a motion for early termination of
supervised release under 18 U.S.C. § 3583(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 27 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.

13. 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:

i. Any proceeding to revoke the term of supervised release;

ii. A motion for a reduction of the term of imprisonment under 18 U.S.C. §
3582(c)(1)(A); or

iii. An appeal 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 circumstances as a discretionary matter under the
applicable factors of 18 U.S.C. § 3553(a).
Case 1:24-cr-00267-KMW Document 129

Filed 05/26/26

Page 10 of 11 PagelD: 745

Plea Agreement with James Wessels

Schedule B — Identified Lenders and Loans

Loan # PPP/EIDL Lender Amount
Funded
6130238605 PPP ReadyCap $237,500.00
1596818602 PPP KeyBank $146,875.00
6461288505 PPP KeyBank $105,000.00
1525698605 PPP KeyBank $36,465.00
6229508603 PPP KeyBank $145,000.00
5274428608 PPP KeyBank $142,290.00
3469378607 PPP KeyBank $129,790.00
7290838601 PPP KeyBank $145,000.00
8481498701 PPP KeyBank $145,000.00
5526678610 PPP KeyBank $143,000.00
8019068603 PPP KeyBank $122,000.00
6947478906 PPP KeyBank $145,833.00
3085908906 PPP KeyBank $147,000.00
6177688902 PPP KeyBank $145,000.00
9074878509 PPP KeyBank $135,415.00
3376038709 PPP KeyBank $125,000.00
1827308501 PPP KeyBank $140,000.00
9380578609 PPP KeyBank $140,000.00
4795598603 PPP KeyBank $145,833.00
4515608600 PPP KeyBank $135,415.00
4330548708 PPP KeyBank $145,000.00
4204178703 PPP KeyBank $145,000.00
6546858803 PPP KeyBank $145,000.00
5480598603 PPP KeyBank $141,665.00
7103088901 PPP KeyBank $147,000.00
4537298909 PPP KeyBank $149,790.00
4704678805 PPP KeyBank $93,902.00
7106658901 PPP KeyBank $148,000.00
4704198803 PPP KeyBank $100,140.00
6243338509 PPP KeyBank $146,000.00
6201438909 PPP KeyBank $93,750.00
8827068906 PPP KeyBank $131,625.00
7633218802 PPP KeyBank $110,000.00
9792438805 PPP KeyBank $53,957.00

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Loan # PPP/EIDL Lender Amount
Funded
2622418707 PPP KeyBank $144,000.00
7051858806 PPP KeyBank $147,915.00
7194898902 PPP KeyBank $143,750.00
2797489007 PPP KeyBank $145,000.00
4583038608 PPP KeyBank $145,000.00

*Where the U.S. Small Business Administration has forgiven a loan, the
restitution amount shall be ordered to the U.S. Small Business Administration.


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