Plea Agreement/Factual Proffer Statement — No. 0:25-cr-60036 (Dkt. 32, S.D. Fla.)

Summary

A plea agreement between the United States Attorney's Office for the Southern District of Florida and defendant Tatiana Nicole Lopez in Case No. 25-CR-60036-DIMITROULEAS, U.S. District Court for the Southern District of Florida, entered on the docket April 10, 2025 as Document 32. Lopez agrees to plead guilty to the information, which charges conspiracy to commit wire fraud in violation of Title 18, United States Code, Section 371. The agreement states a statutory maximum of up to 5 years imprisonment, up to 3 years of supervised release and a fine of up to $250,000. The parties agree to jointly recommend a loss finding greater than $250,000 but less than $550,000, and the office agrees to recommend a low-end sentence. The signature block names Assistant United States Attorney Sean Paul Cronin and defense attorney Joel DeFabio.

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Full text

Case 0:25-cr-60036-WPD Document 32 Entered on FLSD Docket 04/10/2025 Page 1 of 7



                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA
                            CASE NO. 25-CR-60036-DIMITROULEAS

  UNITED STATES OF AMERICA

  vs.

  TATIANA NICOLE LOPEZ,

                 Defendant.
  _________________/
                                        PLEA AGREEMENT

         The United States Attorney's Office for the Southern District of Florida ("this Office") and

  Tatian Nicole Lopez (hereinafter referred to as the "defendant") enter into the following

  agreement:

          1.     The defendant agrees to plead guilty to the information, which charges the

  defendant with conspiracy to commit wire fraud, in violation of Title 18, United States Code,

  Section 371.

         2.      The defendant is aware that the sentence will be imposed by the Court after

  considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter

  "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will

  compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines

  will be determined by the Court relying in part on the results of a pre-sentence investigation by the

  Court's probation office, which investigation will commence after the guilty plea has been entered.

  The defendant is also aware that, under certain circumstances, the Court may depart from the

  advisory sentencing guideline range that it has computed, and may raise or lower that advisory

  sentence under the Sentencing Guidelines. The defendant is further aware and understands that the

  Court is required to consider the advisory guideline range determined under the Sentencing

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  Guidelines, but is not bound to impose a sentence within that advisory range; the Court is permitted

  to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either

  more severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts,

  the defendant understands and acknowledges that the Court has the authority to impose any

  sentence within and up to the statutory maximum authorized by law for the offense identified in

  paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence

  imposed.

          3.     The defendant also understands and acknowledges that the Court may impose a

  statutory maximum term of imprisonment of up to 5 years, followed by a term of supervised release

  of up to 3 years. In addition to a term of imprisonment and supervised release, the Court may

  impose a fine ofup to $250,000 or twice the gross loss or twice the gross gain, whichever is larger,

  and may order forfeiture and restitution.

         4.      The defendant further understands and acknowledges that, in addition to any

  sentence imposed under paragraph 3 of this agreement, a special assessment in the amount of $100

  will be imposed on the defendant. The defendant agrees that any special assessment imposed shall

  be paid at the time of sentencing. If a defendant is financially unable to pay the special assessment,

  the defendant agrees to present evidence to this Office and the Court at the time of sentencing as

  to the reasons for the defendant's failure to pay.

         5.      This Office reserves the right to inform the Court and the probation office of all

  facts pertinent to the sentencing process, including all relevant information concerning the offenses

  committed, whether charged or not, as well as concerning the defendant and the defendant's

  background. Subject only to the express terms of any agreed-upon sentencing recommendations




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  contained in this agreement, this Office further reserves the right to make any recommendation as

  to the quality and quantity of punishment.

          6.     This Office agrees that it will recommend at sentencing that the Court reduce by

  two levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section

  3El.l(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative

  and timely acceptance of personal responsibility. If at the time of sentencing the defendant's

  offense level is determined to be 16 or greater, this Office will file a motion requesting an

  additional one level decrease pursuant to Section 3El.l(b) of the Sentencing Guidelines, stating

  that the defendant has assisted authorities in the investigation or prosecution of the defendant's

  own misconduct by timely notifying authorities of the defendant's intention to enter a plea of

  guilty, thereby permitting the government to avoid preparing for trial and permitting the

  government and the Court to allocate their resources efficiently. This Office further agrees to

  recommend that the defendant be sentenced at the low end of the guideline range, as that range is

  determined by the Court. This Office, however, will not be required to make this motion and these

  recommendations if the defendant: (1) fails or refuses to make a full, accurate and complete

  disclosure to the probation office of the circumstances surrounding the relevant offense conduct;

  (2) is found to have misrepresented facts to the government prior to entering into this plea

  agreement; or (3) commits any misconduct after entering into this plea agreement, including but

  not limited to committing a state or federal offense, violating any term of release, or making false

  statements or misrepresentations to any governmental entity or official.

         7.      This Office and the defendant agree that, although not binding on the probation

  office or the Court, they will jointly recommend that the Court make the following findings and

  conclusions as to the sentence to be imposed:



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Case 0:25-cr-60036-WPD Document 32 Entered on FLSD Docket 04/10/2025 Page 4 of 7



                  a.     Loss: That the relevant amount of actual, probable or intended loss under

  Section 2Bl.l(b)(l) of the Sentencing Guidelines resulting from the offense committed in this case

  is greater than $250,000 but less than $550,000.

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

  The defendant also is aware that any estimate of the probable sentencing range or sentence that the

  defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or

  the probation office, is a prediction, not a promise, and is not binding on this Office, the probation

  office or the Court. The defendant understands further that any recommendation that this Office

  makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding

  on the Court and the Court may disregard the recommendation in its entirety. The defendant

  understands and acknowledges, as previously acknowledged in paragraph 3 above, that the

  defendant may not withdraw her plea based upon the Court's decision not to accept a sentencing

  recommendation made by the defendant, this Office, or a recommendation made jointly by the

  defendant and this Office.

            9.    The defendant agrees, in an individual and any other capacity, to forfeit to the

  United States, voluntarily and immediately, any right, title, and interest to any property, real or

  personal, which constitutes or is derived from proceeds traceable to such violation, pursuant to 18,

  U.S.C. § 981(a)(l)(C), as incorporated by 28 U.S.C. § 2461(c), and the provisions of21 U.S.C. §

  853. In addition, the defendant agrees to forfeiture of substitute property pursuant to 21 U.S.C. §

  853(p).

            10.   The defendant also agrees to assist the United States in all proceedings, whether

  administrative or judicial, involving the forfeiture to the United States of directly forfeitable or

  substitute assets. This assistance shall include: disclosing within 14 calendar days in a Financial



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Case 0:25-cr-60036-WPD Document 32 Entered on FLSD Docket 04/10/2025 Page 5 of 7



  Disclosure Statement provided by this Office the existence, nature and location of all assets in

  which the defendant has or had any direct or indirect financial interest or control, any assets

  involved in the offense of conviction, and those held by a spouse, nominee, or other third party;

  taking all steps necessary to locate assets, wherever located; agreeing to the entry of an order

  enjoining the transfer or encumbrance of assets; transferring assets to the United States by delivery

  to this Office any necessary and appropriate documentation to deliver good and marketable title to

  assets; liquidating assets, or completing any .task which will result in a payment towards the

  forfeiture money judgment; and not contesting or impeding in any way with any criminal, civil or

  administrative forfeiture proceeding concerning the forfeiture.

          11.     The defendant agrees that forfeiture is independent of any assessment, fine, cost,

  restitution, or penalty that may be imposed by the Court. The defendant further agrees to waive:

  any constitutional, legal, and equitable claim or defense to the forfeiture of assets in any judicial

  or administrative proceeding; any applicable time limits for administrative or judicial forfeiture

  proceedings; any claim or defense under the Excessive Fines Clause of the Eighth Amendment to

  the United States Constitution; the requirements of Fed. R. Crim. P. 32.2; and any appeal of the

  forfeiture. The defendant understands that this plea agreement shall serve as a withdrawal of any

  pending administrative forfeiture claim.

          12.     The defendant also agrees to fully cooperate with the Government in all

  proceedings, whether administrative or judicial, involving the forfeiture to the United States of all

  rights, title, and interest, regardless of their nature or form, in all assets, including real and personal

  property, cash and other monetary instruments, wherever located, which the defendant or others

  to the defendant's knowledge have accumulated as a result of illegal activities. Such assistance

  will involve the defendant's agreement to the entry of an order enjoining the transfer or



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  encumbrance of assets that may be identified as being subject to forfeiture. Additionally, defendant

  agrees to identify as being subject to forfeiture all such assets, and to assist in the transfer of such

  property to the United States by delivery to this Office upon this Office's request, all necessary

  and appropriate documentation with respect to said assets, including consents to forfeiture, quit

  claim deeds and any and all other documents necessary to deliver good and marketable title to said

  property.

          13. The defendant is aware that Title 18, United States Code, Section 3742 and Title 28,

  United States Code, Section 1291 afford the defendantthe right to appeal the sentence imposed in

  this case. Acknowledging this, in exchange for the undertakings made by the United States in this

  plea agreement, the defendant hereby waives all rights conferred by Sections 3742 and 1291 to

  appeal any sentence imposed, including any restitution order, or to appeal the manner in which the

  sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the

  result of an upward departure and/or an upward variance from the advisory guideline range that

  the Court establishes at sentencing. The defendant further understands that nothing in this

  agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United

  States Code, Section 3742(b) and Title 28, United States Code, Section 1291. However, if the

  United States appeals the defendant's sentence pursuant to Sections 3742(b) and 1291, the

  defendant shall be released from the above waiver of appellate rights. By signing this agreement,

  the defendant acknowledges that the defendant has discussed the appeal waiver set forth in this

  agreement with the defendant's attorney. The defendant further agrees, together with this Office,

  to request that the Court enter a specific finding that the defendant's waiver of her right to appeal

  the sentence imposed in this case was knowing and voluntary.




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Case 0:25-cr-60036-WPD Document 32 Entered on FLSD Docket 04/10/2025 Page 7 of 7



          14. This is the entire agreement and understanding between this Office and the defendant.

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


                                               HAYDENP. O'BYRNE
                                               UNITED STATES ATTORNEY


  Date:      '-{ fto f 1s,-            By,.              ?~C::-                            ,
                                                                                           ._
                                                                                               I




               I     I                         SEAN PAUL CRONIN
                                               ASSISTANT UNITED STATES ATTORNEY

  Date:    \..\.- '-~ "'l...\          By:          ~-  ~rv-'--
                                               JOEL DEFABIO, ESQ.
                                               ATTORNEY FOR DEFENDANT


  Date:     '--' - \ ~ - 'L\'"         By:
                                              TATIA~EZ
                                              DEFENDANT




                                                  7


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