United States v. Luke Pierre Jr. — Plea Agreement, Southern District of Florida (Document 13)
Summary
The plea agreement between the United States Attorney's Office for the Southern District of Florida and the Department of Justice, Criminal Division, Fraud Section, and defendant Luke Pierre Jr. in United States v. Luke Pierre Jr., Case No. 21-60288-CR-WPD, in the United States District Court for the Southern District of Florida, entered on the docket 11/02/2021 as Document 13. The defendant agrees to plead guilty to an information charging conspiracy to commit wire fraud and waives indictment, and the maximum term is up to 5 years. The parties jointly recommend a base offense level of 6 and a 12-level increase for a loss greater than $250,000 and less than $550,000. The defendant agrees to cooperate, to a forfeiture money judgment of $414,675, to restitution under Section 3663A and to waive most appeal rights.
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“United States v. Luke Pierre Jr. — Plea Agreement, Southern District of Florida (Document 13).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-no-0-21-cr-60288-dkt-13-s-d-fla-be81c0b8be/
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Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 1 of 10
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-60288-CR-WPD
UNITED STATES OF AMERICA
...
LUKE PIER.RE JR.,
Defendant.
I
PI.EA AGRE11'.MRNT
The United States Attorney's Office fur the Southern District of Florida and the
Department ofJustice, Criminal Division, Fraud Section ("the Offices") and the Defeodant, LUKE
PIERRE JR. (hereinafter refeued tu as "Defendant"), enter into the following agreement:
I. Defendaot agrees to plesd guilty to the Information, which chmges Defendant with
conapiracy to commit wire fraud, in violation of Title 18, United States Code, 371.
2. Defendant undemaods that he has the right to have the evidence and cbarges
against h i m ~ to a federal grand jury fur dctennination of whether or not there is probable
canae to believe he committed the offenses with which he is cbarged. Understanding that right,
and after full and complete consultation with counsel Defen~mopen·coart his
right to prosecotion by indictment and agrees that the Offices may proceed by way of an
information filed pom,ant to Rule 7 of the Federal Rules of Criminal Procedure.
3. 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"). Defendant acknowledges and undetstands that the Court will compote an advisory
senu,ncing guidelines nmge nnder the Sentencing Guidelines and that the applicable guidelines
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 2 of 10
will be detennincd by the Court relying in part on the results ofa pre-sentence investigation by the
Court's probation office, which investigation will commence after the guilty plea has been entered.
Defendant is also aware that, under certain circumstaru:es, the Court may depart from the advisory
sentencing guideline range that it has computed, and may msc or lower that advisotynmge under
the Sentencing Guidelines. Defendant is further aware and understands that the Court is required
to consider the advisoty guideline range determined under the Sentencing Guidelines, but is not
bcund to impose a sentence within that advisory nmge; the Court is permitted to tailor the ultimate
sentence in light of other st.atut.ory concerns, and such sentence may be either more severe or less
severe than the Sentencing Guidelines' advisory nmge. Knowing these ractli, Defendant
understands and acknowledges that the Comt has the authority to impose any sentence within and
up to the statutory maximum authorized by law for the offense identified in paragraph I aod that
Defendant may not withdraw the plea aolely as a n,sult of the sentence imposed.
4. Defendant understands aod acknowledges that the Com! may impose a statuloty
maximum term of imprisonment ofup to 5 years, followed by a term o f ~ release ofup
to 3 years. In addition to a tenn of imprisonment and supervised release, the Court may impose
a maximum fine of up to $250,000 or twice the gross gam or gross loss n,su!ting from the offense,
nm:ittfl.ton, and crimma1 forfeiture.
5. Defendant further understands aod acknowledges Iha~ in addition to any sentence
imposed under paragraph 4 of this agreemen~ a special assessment in the amount of $100 will be
imposed on Defendant Defendant agrees that any special assessment imposed shall be paid at
the time of sentencing. If Defendant is financially unable to pay the special assesamen~
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Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 3 of 10
Defendant agrees to present evidence to the Offices and the Court at the time of sentencing as to
the reasons for Defendant's failure to pay.
6. The Offices reserve 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 Defendant and Defendant's background.
Subject only to the express terms of any agreed-upon sentencing recommendations contained in
this agreement, the Offices further reserve the right to make any recommendation as to the quality
and quantity of punishment.
7. The Offices agree that they will recommend at sentencing that the Court rednce by
two levels the sentencing guideline level applicable to Defendant's offense, pursuant to Section
3El.l{a) of the Sentencing Guidelines, based upon Defendant's recognition and affirmative and
timely acceptance of personal responsibility. If at the time of sentencing Defendant's offense
level is determined to be 16 or greater, the Offices will file a motion requesting an additional one-
level decrease pursuant to Section 3El.l(b) of the Senrencing Guidelines, stating that Defendant
has assisted authorities in the investigation or prosecution of Defendant's own misconduct by
timely notifying antb.orities of Defendant's inrention to enter a plea of guilty, thereby permitting
the government to avoid prepanng fur trial and perm1ttmg the government and the Court to allocate
their resources efficiently. The Offices, however, will not be required to make these
recommendations if Defendant: (1) fails or refuses to make a full, accurate, and complete
disclosure to the probation office of the circumstances surr01mding the relevant offense conduct;
(2) is found to have misrepresented facts to the government prior to or after entering into this plea
agreement; or (3) connnits any misconduct after entering into this plea agreement, including but
3
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 4 of 10
not limited to committing a state or federal offense, violating any term of release, OT making false
statements or misrepresentations to any governmental entity or official.
8. The Offices and Defendant agree Iba~ although not binding on the probation office
or the Court, they will jointly recommend that the Court make the following findings as to the
sentence to be imposed:
a. Base offense leyel; That the base offense level, purswmt to Section 2B I. I ( a)
of the Sentencing Guidelines, is 6; and
b. I&H: For pmposes of Section 2Bl.l(bXI), the loss amonnt atlributable to
this Defendant is greater than $250,000 and leas than $550,000, reaulting in an increaae of
12 levels.
9. Defendant agrees that he sball cooperate fully with the Offices by: (a) providing
truthful and complete information and testimony, and prodncing documents, records, and other
evidence, when called upon by the Offices, wbether in interviews, before a gnmd jory, or at any
trial or other Court proceeding; and (b) appearing at such gnmd jory proceedings, bearings, trials,
and other judicial proceedings, and at meetings, as may be required by the Offices. In addition,
Defendant agrees that he will not protect any person or entity through false information or
01Il1S81on, that he will not falsely implicate any person or entity, and that he will not commit any
further crimes.
10. The Offices reserve the right to evaluate the nature and extent of Defendant's
cooperation and to make that cooperation. or lack thereof, known to the Court at the time of
sentencing. Ifin the sole and unreviewable judgment of the Offices Defendant's cooperation is
of such quality and significance to the investigation or prosecution of other criminal matters as to
4
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 5 of 10
wanant the Court's downward departure from the advisory sentencing range calculated under the
Sentencing Guidelines and/or any applicable minimum mandatory sentence, the Offices may make
a motion prior to sentencing pursuant to Section SKI.I of the Sentencing Guidelines and/or Title
18, United States Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 of the
Federal Rules of Criminal Procedure, informing the Court that Defendant bas provided substantial
assistance and recommending that Defendant's sentence be reduced. Defendant understands and
agrees, however, that nothing in this agreement requires the Offices to file any such motions, and
that the Offices' assessment of the quality and significaoce of Defendant's cooperation shall be
binding as it relates to the appropriateness of the Offices• filing or non-filing of a motion to reduce
sentence.
11. Defendant understands and acknowledges that the Court is under no obligatioo to
grant a motioo for reductioo of sentence filed by the Offices. In addition, Defendant further
understands and acknowledges that the Court is under no obligatioo of any type to reduce
Defendant's sentence because ofDefendant's cooperation.
12. Defendant is aware that the sentence bas not yet been determined by the Court
Defendant also is aware that any estimate of the probable sentencing range or sentence that the
Defendant may reccIVe, whether that estimate comes from Defendant's attorney, the Offices, or
the probation office, is a prediction, not a promise, and is not binding on the Offices, the probation
office, or the Court. Defendant understands further that any recommendation that the Offices
make to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding
on the Cowt and the Court may disregard the recommendation in its entirety. Defendant
understands and acknowledges, as previously acknowledged in Paragraph 3 above, that Defendant
5
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 6 of 10
may not withdraw his plea based upon the Court's decision not to accept a sentencing
recommendation made by Defendan, the Offices, or a recommendation made jointly by Defendant
and the Offices.
13. Defendant agrees, in an individual and any other capacity, to forfeit to the United
States voluntarily and immediately all property, real or personal, which constitutes or is derived
from proceeds obtained directly or indirectly, as a result of the violation to which he is pleading
guilty, pursuant to Title 18, United Statea Code, Section 982(a)(2)(A). In addition, Defendant
agrees to forfeiture of substitute property pursuant to Title 21, United Statea Code, Section 853(p).
Toe property subject to furfeiture includes, but is not limited to: a forfeiture money judgment in
the sum of$414,675 in U.S. currency, which sum represents the value of the property subject to
forfeiture.
14. Defendant further agrees that forfeiture is independent ofany assessmen, fine, C08'
restitution, or penalty that may be imposed by the Court. Defendant knowingly and vohmtarily
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,
Defendant agrees to waive: any applicable time limits for administrative or judicial forfeiture
proceedings, the r~ofrn7CCrun. P. 32.2 and 43(a), and any appeal ofilie forfeiture.
15. Defendant also agrees to fully and ttothfully disclose the existence, nature, and
location of all assets in which Defendant has or had any direct or indirect financial interest or
control, and any assets involved in the offense of conviction. Defendant also agrees to take all
steps requested by the United States for the recovery and forfeiture of all assets identified by the
United Statea as subject tu forfeiture. This includes, but is not limited to, the timely delivery upon
6
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 7 of 10
request of all necessary and appropriate documentation to deliver good and marketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal,
civil, or administrative forfeiture proceeding concerning the furfeiture.
16. In furtherance of the satisfactioo of a forfeiture mooey judgment entered by the
Court in this case, Defendant agrees to the following:
a. submit a financial statemeot to the Offices upon request, within 14
calendar days from the request;
b. maintain any asset valued in excess of :U0,000, 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 asse1S, meeting with representatives of the
United States, and providing any documentation requested; and
e. notify, wtthin 30 days, 'Ifie Clerk of the Court for the Southern
District of Florida and the Offices of: (i) sny change of name,
residence, or mailing address, and (ii) any material change in
economic circumstances.
Defendant further understands tbst providing raise or incomplete information about assets,
concealing assets, making materially false statements or representations, or making or using false
7
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 8 of 10
writings or documents pertaming to assets, biking any action that would impede 1he forfeitun: of
assets, or failing to cooperate fully in the investigation and identification of assets may be used as
a basis for: (i) separate prosecution, including, under Title 18, United States Code, Section 1001;
or (ii) recommendation of a deuial of a reduction for acceptance of responsibility pursuant to 1he
United States Sentencing Guidelines§ 3El.1.
17. Defendant understands and acknowledges that 1he Court must order restitution for
the full ammmt of the victims' losses pursuant to Title 18, United States Code, Section 3663A
Defendant understands that 1he amount of restitutioo owed to 1he victim(s) will be determined at
or before sentencing unless the Court orders otherwise.
18. Defendant confums that Defendant is guilty of1he offeose to which Defendant is
pleadmg guilty; that Defendant's decision to plead guilty is 1he decision 1hat Defendant has made;
and 1hat nobody has forced, threatened, or coen:ed Defendant into pleadmg guilty. Defendant
affirms 1hat Defendant has reviewed 1his agreement and enters into it knowingly, vobmtarily, and
intelligently, and with 1he benefit of aasistance of Defendant's attorney.
19. Defendant is aware that Title 18, United States Code, Section 3742 and Title 28,
United States Code, Section 1291 afford Defendant 1he right to appeal 1he sentence imposed in
this case. Acknowledgingtbir,in exchange fOr the urutena1cings made by the Umted Statesiiilliis
plea agreement, Defendant hereby waives ail 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 departun, and/or an upward variance from 1he advisoiy guideline range that
the Court establishes at sentencing. Defendant :further understands that nothing in this agreement
8
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 9 of 10
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 Defendant's sentence pursuant to Sections 3742(b) and 1291, Defendant sball be
released from the above waiver of appellate rights. By signing this agreemeo, Defendant
acknowledges that Defendant bas discussed the appeal waiver set forth in this agreement with
Defendant's attorney. Defendant further agrees, together with the Offices, to request that the
Court ente:r a specific finding that Defendant's waiver of his right to appeal the sentence imposed
in this case was knowing and voluntary.
20. Defendant hereby waives any protection afforded by Rule 410 of the Federal Rules
of Evidence, Rule 11 of the FedeJlll Rules of Criminal Procedure, and Section 1B1.8(a) of the
Sentencing Guidelines with regard to any statement and documentation provided by Defendant to
the United States pursuant to or in connection with entering this plea agreement. Should
Defendant withdraw, or atrempt to withdraw, from this plea agreement for any reason, Defendant
understands and agrees that any statements made to the governmen, including any factual
statement prepared for submission to the Court in connection with Defendant's guilty plea, will
become admissible as evidence and may be introduced affirmatively by the United States against
-------Befendan · beiJreffect or which may at any future dJne
be initiated by the United States. Defendant further understands and agrees that if Defendant
withdraws from this agreement prior to pleading guilty and/or fails to fully comply with any of the
tenns of this agreemen, the United States will, at its option, be released from its obligations under
this agreement, but under no circumstances shall the defendant be released from the agreements
and waivers made by Defendant in this paragraph.
9
Case 0:21-cr-60288-WPD Document 13 Entered on FLSD Docket 11/02/2021 Page 10 of 10
21. This is the entire agreement and understanding between the Offices and Defendant.
There are no other agreements, promises, representations, or understandings.
JUAN ANTONIO GONZALEZ
~
ACTINGUNITEDSTATESATTORNEY
Date: _1_0_13_1_12_0_2_1_ By: z;;av-d A. -:5,,,,d,.,,..
DAYID A. SNIDER
Q
ASSISTANT UNITED STATES ATTORNEY
10/31/2021
Date: By:
By:
Date: 11 - /·2-<>J.. r By:
10
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