Plea Agreement/Factual Proffer Statement — No. 1:25-cr-20131 (Dkt. 53, S.D. Fla.)
Summary
A plea agreement between the United States Attorney's Office for the Southern District of Florida and defendant Abel Humberto Perla Bonilla in Case No. 25-CR-20131-BECERRA, U.S. District Court for the Southern District of Florida, entered on the docket July 23, 2025 as Document 53. Perla Bonilla agrees to plead guilty to Count 1 of the Indictment, conspiracy to commit wire fraud under 18 U.S.C. § 1349, which carries a statutory maximum of up to 20 years imprisonment. The parties agree to jointly recommend a base offense level of seven (7), a loss of more than $3,500,000 and no more than $9,000,000, an increase for 10 or more victims, and restitution of $4,863,694. The defendant agrees to cooperate and to a forfeiture money judgment of $4,863,694. The 11-page agreement names Assistant United States Attorney Joseph Egozi and defense attorney Arturo A. Taquechel, Jr.
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“Plea Agreement/Factual Proffer Statement — No. 1:25-cr-20131 (Dkt. 53, S.D. Fla.).”
Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-factual-proffer-statement-no-1-25-cr-20131-dkt-53-s-d-f-80dcfbaf33/
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 1 of 11
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-CR-20131-BECERRA
UNITED ST ATES OF AMERICA
v.
ABEL HUMBERTO PERLA BONILLA,
Defendant.
- -- - -- -- -- - - - - - - - -I
PLEA AGREEMENT
The United States Attomey' s Office for the Southern District of Florida ("this Office") and
the defendant, Abel Humberto Perla Bonilla, enter into the following agreement:
1. The defendant agrees to plead guilty to Count l of the Indictment, which charges
him with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349.
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
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
Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 2 of 11
more severe or less severe than the Sentencing Guidelines' ad viso:ry range. Knowing these facts,
the defendant understands and acknowledges that the Court has the authority to impose a 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 because of the sentence imposed.
3. Defendant also understands and acknowledges that the Court may impose a
statutory maximum term of imprisonment of up to 20 years, followed by a term of supervised
release of no more than three years, in addition to a fine of up to $250,000 or the greater of twice
the gross gain or twice the gross loss. In addition to a term of imprisonment, supervised release,
and a fine, the Court may impose restitution and forfeiture.
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
contained in this agreement, this Office furtherreserves 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
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 3 of 11
3E1.] (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 3E 1.1 (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, however, will not
be required to make this motion and this recommendation 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 finding as to
the sentence to be imposed:
a. Base Offense Level: The base offense level is seven (7), in accordance with
U.S.S.G. § 2Bl.l(a)(l).
b. Loss Amount: The total loss is more $3,500,000 and no more than
$9,000,000, resulting in an 18-level increase under Guidelines Section
2B 1.1 (b)(1 )(J).
c. 10 or More Victims: The defendant's offense involved 10 or more victims,
resulting in a 2-level increase under Guidelines Section 2B 1.1 (b )(2)(A)(i).
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 4 of 11
d. Sophisticated Means: Although the defendant's conspiracy involved
sophisticated means, the defendant did not intentionally engage in or cause
the conduct constituting sophisticated means, so a 2-level increase is not
warranted under Guidelines Section 2B 1.1(b)(10).
e. Production of Counterfeit Access Devices and Use of Means of
Identification: The defendant's offense involved the production of
counterfeit access devices and the possession of 5 or more means of
identification that unlawfully were produced from, or obtained by the use
of, another means of identification, resulting in a 2-level increase under
Guidelines Section 2B 1.1 (b )(11).
f. Role: The defendant is not entitled to an aggravating or mitigating role
adjustment under Guidelines Section 3B 1.1 or 3B 1.2.
g. Restitution: The amount of restitution is $4,863,694.
8. Additional Enhancements, Ad justments, and Variances: the parties remain free to
argue for or against any other enhancements or adjustments, as well as to argue for or against any
variance under 18 U.S.C. § 3553.
9. 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, whetherpursuant to this agreement or otherwise, is not binding
on the Court and the Court may disreg;ud the recommendation in its entirety . The defendant
understands and acknowledges, as previously acknowledged in paragraph 2 above, that the
defendant may not withdraw his 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.
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 5 of 11
10. The defendant agrees that he shall cooperate fully with the Office by: (a) providing
truthful and complete information and testimony, and producing documents, records and other
evidence, when called upon by the Office, whether in interviews, before a grand jury, or at any
trial or other Court proceeding; (b) appearing at such grand jury proceedings, hearings, trials, and
other judicial proceedings, and at meetings, as may be required by the Office; and (c) if requested
by the Office, working in an undercover role under the supervision of, and in compliance with the
instructions of, law enforcement officers and agents. In addition, the defendant agrees that he will
not protect any person or entity through false information or omission, that he will not falsely
implicate any person or entity, and that the defendant will not commit any further crimes . 'foe
Office reserves the right to evaluate the nature and extent of the defendant's cooperation and to
make that cooperation, or lack thereof, known to the Court at the time of sentencing. If, in the
sole and unreviewable judgment of the Office, the defendant's cooperation is of such quality and
significance to the investigation or prosecution of any criminal matter as to warrant the Court's
downward departure from the advisory range calculated under the Sentencing Guidelines, the
Office may make a motion prior to sentencing pursuant to Section SKI .1 of the Sentencing
Guidelines, or subsequent to sentencing pursuant to Rule 35 of the Federal Rules of Criminal
Procedure, informing the Court that the defendant has provided substantial assistance, and
recommending that the defendant's sentence be reduced. The defendant understands and agrees,
however, that nothing in this Agreement requires the Office to file any such motion, and that the
Office's assessment of the quality and significance of the defendant's cooperation shall be binding
as it relates to the appropriateness of the Office's filing or not filing a motion to reduce the
defendant's sentence. The defendant understands and acknowledges that the Court is under no
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 6 of 11
obligation to grant a motion for reduction of sentence filed by the Office, or to otherwise reduce
the defendant's sentence on account of any cooperation by the defendant.
11. 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, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the
commission of the offense, in violation of 18 U.S.C. § 1349, pursuant to 18 U.S.C. § 982(a)(7) and
the provisions of 21 U.S.C. § 853. In addition, the defendant agrees to forfeiture of substitute
property pursuant to 21 U.S.C. § 853(p). The property subject to forfeiture includes, but is not
limited to a forfeiture money judgment in the amount of $4,863,694 in U.S. Currency.
12. The defendant further agrees that forfeiture is independent of any assessment, fine,
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture,
including excessive fines under the Eighth Amendment to the United States Constitution. In
addition, the defendant agrees to waive: any applicable time limits for administrative or judicial
forfeiture proceedings, the requirements of Fed . Rs. Crim. P. 32.2 and 43(a), and any appeal of the
forfeiture.
13. The defendant also agrees to fully and truthfully disclose the existence, nature, and
location of all assets in which the defendant has or had any direct or indirect financial interest or
control, and any assets involved in the offense of conviction. The defendant agrees to take all
steps requested by the United States for the recovery and forfeiture of all assets identified by the
United States as subject to forfeiture. This includes, but is not limited to, the timely delivery
upon request of all necessary and appropriate documentation to deliver good and marketable title,
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 7 of 11
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal,
civil or administrative forfeiture proceeding concerning the forfeiture .
14. In furtherance of the satisfaction of a forfeiture money judgment entered by the
Court in this case, the defendant agrees to the following:
a. submit a financial statement to this Office upon request, within 14
calendar days from the request;
b. maintain any asset valued in excess of $10,000, and not sell, hide,
waste, encumber, destroy, or otherwise devalue such asset without
prior approval of the United States;
c. provide information about any transfer of an asset valued in excess
of $10,000 since the commencement of the offense conduct in this
case to date;
d. cooperate fully in the investigation and the identification of assets,
including liquidating assets, meeting with representatives of the
United States, and providing any documentation requested; and
e. notify, within 30 days, the Clerk of the Court for the Southern
District of Florida and this Office of: (i) any change of name,
residence, or mailing address, and (ii) any material change in
economic circumstances.
The defendant further understands that providing false or incomplete information about assets,
concealing assets, making materially false statements or representations, or making or using false
writings or documents pertaining to assets, taking any action that would impede the forfeiture of
assets, or failing to cooperate fully in the investigation and identification of assets may be used as
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 8 of 11
a basis for: (i) separate prosecution, including, under 18 U.S.C. § 1001; or (ii) recommendation of
a denial of a reduction for acceptance of responsibility pursuant to the United States Sentencing
Guidelines§ 3El.1.
15. In the event the defendant withdraws from this Agreement prior to pleading guilty
or breaches the Agreement before or after he pleads guilty to the charge identified in paragraph
one (1) above or otherwise fails to fully comply with any of the terms of this Plea Agreement, this
Office will be released from its obligations under this Agreement, and the defendant agrees and
understands that: (a) the defendant thereby waives any protection afforded by any proffer letter
agreements between the parties, Section lB 1.8 of the Sentencing Guidelines, Rule 1l(f) of the
Federal Rules of Criminal Procedure, and Rule 410 of the Federal Rules of Evidence, and that any
statements made by the defendant as part of plea discussions, any debriefings or interviews, or in
this Agreement, whether made prior to or after the execution of this Agreement, will be admissible
against the defendant without any limitation in any civil or criminal proceeding brought by the
Government; and (b) the defendant stipulates to the admissibility and authenticity, in any case
brought by the United States in any way related to the facts referred to in this Agreement, of any
documents provided by the defendant or the defendant's representatives to any state or federal
agency and/or this Office.
16. The defendant is aware that Title 28, United States Code, Section 1291 and Title
18, United States Code, Section 3742 afford the defendant the 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 1291 and 3742
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
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 9 of 11
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 his right to appeal his sentence.
17. The defendant furtherherebywaives all rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statute to which the defend ant is pleading guilty
is unconstitutional; and/or (2) the admitted conduct does not fall within the scope of the statute of
conviction.
18. 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 furtheragrees, together with this Office, to request that the Court enter a specific finding
that the defendant's waiver of his right to appeal the sentence imposed in this case and his right to
appeal his conviction in the manner described above was knowing and voluntary.
19. In the event the defendant withdraws from this Agreement prior to pleading guilty
or breaches the Agreement before or after he pleads guilty to the charges identified in paragraph
one (1) above or otherwise fails to fully comply with any of the terms of this Plea Agreement, this
Office will be released from its obligations under this Agreement, and the defendant agrees and
understands that: (a) the defendant thereby waives any protection afforded by any proffer letter
agreements between the parties, Section 1B 1.8 of the Sentencing Guidelines, Rule 1 l(f) of the
Federal Rules of Criminal Procedure, and Rule 410 of the Federal Rules of Evidence; (b) that any
statements made by the defendant as part of plea discussions, any debriefings or interviews, or in
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 10 of 11
this Agreement, whethermadeprior to or afterthe execution of this Agreement, will be admissible
against the defendant without any limitation in any civil or criminal proceeding brought by the
Government; (c) the defendant stipulates to the admissibility and authenticity, in any case brought
by the United States in any way related to the facts referred to in this Agreement, of any documents
provided by the defendant or the defendant's representatives to any state or federal agency and/or
this Office; and (d) the defendant adopts the entire Factual Proffer as the defendant's statements,
and the defendant stipulates to the admissibility of the Factual Proffer in any case brought by the
United States.
20. The defendant recognizes that pleading guilty may have consequences with respect
to his 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 offenses to which the defendant is pleading
guilty. Removal and other immigration consequences are the subject of a separate proceeding,
however, and the defendant understands that no one, including the defendant's attorney or the
Court, can predict to a certainty the effect of the defendant's 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 the defendant's automatic
removal from the United States.
21. This is the entire agreement and understanding between this Office and the
defendant. There are no other agreements, promises, representations, or understandings.
HAYDEN P. O'BYRNE
UNITED STATES ATTORNEY
Date: By: 1)4} &
JOSEPH EGOZi
ASSISTANT UNITED STATES ATTORNEY
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Case 1:25-cr-20131-JB Document 53 Entered on FLSD Docket 07/23/2025 Page 11 of 11
Date:
.s
~ :S ARlURO A. TAQUECHEL, JR.
ATTORNEY FOR DEFENDANT
Date: By: ~ »,:
_ _ __ _ _ _ _ __ _ __A_B_E_LH U ~ N I L L A
DEFENDANT
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