United States v. Sutukh El — Plea Agreement, Western District of New York (Document 135)

Summary

Plea Agreement filed September 7, 2023, as Document 135 in United States v. Sutukh El, No. 1:21-cr-00009-JLS-HKS, in the U.S. District Court for the Western District of New York. The parties are the United States Attorney for that district and the Criminal Division, Fraud Section of the Department of Justice, and the defendant. The defendant agrees to plead guilty to Count 1 of the Indictment, a violation of 18 U.S.C. § 1349 (conspiracy to commit bank fraud and wire fraud), with a maximum of 30 years of imprisonment and a $1,000,000 fine, and to admit the First Forfeiture Allegation. The factual basis describes eight PPP loan applications, and the agreement sets out Guidelines positions with total offense levels of 22 or 16 and ranges of 33 to 41 months or 15 to 21 months.

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Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT ( SEP 0 T 2023
FOR THE WESTERN DISTRICT OF NEW YORK dtg we
STERN DISTRICLS

UNITED STATES OF AMERICA,
Vv. 21-CR-009-JLS

SUTUKH EL a/k/a Curtis Jordan
a/k/a Hugo Hurt a/k/a Hugo Hermes Hurtington,

Defendant.

PLEA AGREEMENT.
The United States Attorney for the Western District of New York and the United

States Department of Justice, Criminal Division, Fraud Section (together, "the government")
and the defendant, SUTUKH EL a/k/a Curtis Jordan a/k/a Hugo Hurt a/k/a Hugo Hermes

Hurtington, hereby enter into a plea agreement with the terms and conditions as set out below.

I. THE PLEA AND POSSIBLE SENTENCE

1. The defendant agrees to plead guilty to Count 1 of the Indictment which
charges a violation of Title 18, United States Code, Section 1349 (conspiracy to commit bank
fraud and wire fraud) for which the maximum possible sentence is a term of imprisonment of
30 years, a fine of $1,000,000 or twice the gross pecuniary gain or loss, whichever is greater,
a mandatory $100 special assessment and a term of supervised release of up to 5 years. The
defendant understands that the penalties set forth in this paragraph are the maximum

penalties that can be imposed by the Court at sentencing.

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Case 1:21-cr-0O0009-JLS-HKS Document 135 Filed 09/07/23 Page 2 of 19

2. The defendant will also admit to the First Forfeiture Allegation in the
Indictment, which alleges that a monetary sum, bank and investment accounts, and a vehicle
are subject to forfeiture to the United States pursuant to Title 18, United States Code, Section

981(a)(1)(C) and Title 28, United States Code, Section 2461(c).

3. The defendant understands that, if it is determined that the defendant has
violated any of the terms or conditions of supervised release, the defendant may be required
to serve in prison all or part of the term of supervised release, up to 3 years, without credit for
time previously served on supervised release. As a consequence, in the event the defendant is
sentenced to the maximum term of incarceration, a prison term imposed for a violation of
supervised release may result in the defendant serving a sentence of imprisonment longer than

the statutory maximum set forth in § 1 of this agreement.

II. ELEMENTS AND FACTUAL BASIS

4. The defendant understands the nature of the offense set forth in 41 of this
agreement and understands that if this case proceeded to trial, the government would be
required to prove beyond a reasonable doubt the following elements of the crime:

a. Two or more persons, in some way or manner, agreed to accomplish a common
and unlawful plan to commit a federal fraud crime, namely, wire fraud, in
violation of Title 18, United States Code, Section 1343, as alleged in the
Indictment; and bank fraud, in violation of Title 18, United States Code,
Section 1344, as alleged in the Indictment; and

b. The defendant knew the unlawful purpose of the plan and willfully jomed in it.
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 3 of 19

FACTUAL BASIS

5. The defendant and the government agree to the following facts, which form the
basis for the entry of the plea of guilty including relevant conduct:

a. The Paycheck Protection Program (“PPP”) was created pursuant to the
Coronavirus Aid, Relief, and Economic Security Act to provide
forgivable loans to small businesses that were affected by the COVID-19
pandemic. To obtain a PPP loan, a qualifying business was required to
submit a PPP loan application. The loan application required that it be
signed by an authorized representative of the business. The loan
application also required the business (through its authorized
representative) to acknowledge the program rules and make certain
affirmative certifications in order to be eligible to obtain the PPP loan. In
the PPP loan application, the small business (through its authorized
representative) was required to state, among other things, its: (a) average
monthly payroll expenses; and (b) number of employees. These figures
were used to calculate the amount of money the small business was
eligible to receive under the PPP.

b. A PPP loan application was processed by a participating lender. Ifa
PPP loan application was approved, the participating lender funded the
PPP loan using its own monies, which were 100 percent guaranteed by
the U.S. Small Business Administration (“SBA”). Data from the
application, including information about the borrower, the total amount
of the loan, and the listed number of employees, was transmitted by the
lender to the SBA in the course of processing the loan. PPP loan
proceeds were required to be used on certain permissible expenses,
including payroll costs, mortgage interest, rent, and utilities. Under the
applicable PPP rules and guidance, the interest and principal on the PPP
loan were eligible for forgiveness if the business spent the loan proceeds
on these expense items within a designated period of time and used a
certain portion of the loan towards payroll expenses.

c. Evolve Bank & Trust (“Evolve”) was a federally insured financial
institution based in Tennessee.

d. Lendio was a financial technology company based in Utah. Lendio
participated in the SBA’s PPP by, among other things, receiving PPP
loan applications and matching those PPP loan applications with
potential SBA-approved lenders.

e. Between in or around April 2020 and in or around September 2020, the
defendant, SUTUKH EI, a/k/a /k/a Curtis Jordan a/k/a Hugo Hurt
a/k/a Hugo Hermes Hurtington, knowingly and unlawfully combined,
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 4 of 19

conspired, and agreed with his brother, Larry D. Jordan I (“Jordan”),
to submit eight materially false and fraudulent PPP loan applications
on behalf of companies owned or controlled by the defendant and/or
Jordan.

f. Three of the fraudulent PPP loan applications were submitted to
Evolve and the other five PPP loan applications were submitted to
Lendio.

g. The eight PPP applications submitted by the defendant and Jordan
contained materially false statements about the 2019 payroll expenses
of each company. These false statements were used to calculate the
amount of PPP funds to which the applicant-companies would be
entitled.

h. To corroborate payroll information in the PPP applications, the
defendant and Jordan submitted false Internal Revenue Service (“IRS”)
forms. In truth, these IRS forms had never been filed with the IRS. The
defendant and Jordan also submitted fraudulent payroll registers that
purported to identify the names, personal information, and salary of the
employees identified on the PPP application.

i. For example, on or about April 17, 2020, Jordan caused to be submitted
a PPP loan application on behalf of 5 Stems Inc to Evolve. The
application, which was signed by Jordan, represented that in 2019, 5
Stems Inc had 194 employees and an average monthly payroll of
$242,133.33. In truth, however, 5 Stems Inc had nine employees in
2019 and paid those employees a total of approximately $57,380 for all
of 2019. The PPP application was supported by a fraudulent IRS Form
940 and a fraudulent IRS Form 941 that purported to corroborate
payroll information in the PPP loan application. The PPP loan
application was also supported by a payroll register that identified
approximately 204 employees of 5 Stems Inc. Each purported
employee, however, had the same start date of January 1, 2019 and each
employee was identified only by first name and street address.
Approximately 13 of the purported employees had the same Social
Security number as other purported employees.

j. Evolve approved this application and funded the loan with its own
money in the amount of $605,200. At Jordan’s direction, the funds were
then wired to a bank account in the name of 5 Stems Inc whose sole
signatory was the defendant. After the loan was funded, the defendant
disbursed $100,000 to another bank account in the name of a company,
FLE LLC, controlled by the defendant. The defendant then disbursed
approximately $84,000 of those funds for his own investments. The
defendant also disbursed, in total, approximately $49,000 to Jordan,
Case 1:21-cr-0O0009-JLS-HKS Document 135 Filed 09/07/23 Page 5 of 19

which Jordan spent on personal expenses and home improvements. As
the Chief Financial Officer of 5 Stems Inc, the defendant knew that the
5 Stems Inc PPP loan application was based on materially false and
fraudulent representations about 5 Stems Inc’s 2019 payroll expenses.

Ti. SENTENCING GUIDELINES
6. The defendant understands that the Court must consider but is not bound by

the Sentencing Guidelines (Sentencing Reform Act of 1984).

BASE OFFENSE LEVEL

7. The government and the defendant agree that Guidelines § 2X1.1(a) and

§ 2B1.1(a)(1) apply to the offense of conviction and provide for a base offense level of 7.

SPECIFIC OFFENSE CHARACTERISTICS
U.S.S.G. CHAPTER 2 ADJUSTMENTS

8. The government maintains that the specific offence characteristic in Guideline

§ 2B1.1(b)(1)(J) applies and that there is an 18-offense level increase.

9. The defendant specifically reserves the right at the time of sentencing to argue
that Guideline § 2B1.1(b)(1)(J) does not apply and that, instead, Guideline § 2B1.1(b)(1)()
applies. The government reserves the right to oppose the defendant’s argument. Ifthe Court
agrees with the defendant that Guideline § 2B1.1(b)(1)(H) applies, the defendant agrees that

there is a 14-offense level increase.
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 6 of 19

10. The defendant specifically reserves the right at the time of sentencing to argue
that Guideline § 3B1.2(b) (minor participant) applies that that there is therefore a 2-offense

level decrease. The government reserves the right to oppose the defendant’s argument.

ADJUSTED OFFENSE LEVEL

11. Based on the foregoing, it is the understanding of the government and the
defendant that the adjusted offense level is 25 (if the Court agrees with the government that
§ 2B1.1(b)(1)(J) applies and § 3B1.2(b) does not apply) or 19 (if the Court agrees with the

defendant that § 2B1.1(b)(1)(H) and § 3B1.2(b) apply).

ACCEPTANCE OF RESPONSIBILITY

12. Atsentencing, the government agrees not to oppose the recommendation that
the Court apply the two (2) level decrease of Guidelines §3E1.1(a) (acceptance of
responsibility) and further agrees to move the Court to apply the additional one (1) level
decrease of Guidelines § 3E1.1(b), which would result in a total offense level of either 22 (if
the Court agrees with the government that § 2B1.1(b)(1)J) applies and § 3B1.2(b) does not

apply) or 16 (if the Court agrees with the defendant that § 2B1.1(b)(1)(H) and § 3B1.2(b)

apply).

VARIANCE FOR PROPOSED
AMENDMENT TO SENTENCING GUIDELINES

13. It is the understanding of the government and the defendant that the United
States Sentencing Commission has adopted a proposed amendment adding Guidelines

§ 4C1.1 (Adjustment for Certain Zero-Point Offenders) that is not yet in effect. The
Case 1:21-cr-0O0009-JLS-HKS Document 135 Filed 09/07/23 Page 7 of 19

government agrees that it will not oppose a two-level downward variance if (a) the Court
determines that defendant meets the criteria listed in adopted Guidelines § 4C1.1; and (b) the
defendant waives the right to seek a sentence reduction under 18 U.S.C. § 3582(c)(2) based

on adopted Guidelines § 4C1.1.

CRIMINAL HISTORY CATEGORY
14. It is the understanding of the government and the defendant that the
defendant's criminal history category is I. The defendant understands that if the defendant is
sentenced for, or convicted of, any other charges prior to sentencing in this action the
defendant's criminal history category may increase. The defendant understands that the
defendant has no right to withdraw the plea of guilty based on the Court’s determination of

the defendant’s criminal history category.

GUIDELINES' APPLICATION, CALCULATIONS AND IMPACT

15. It is the understanding of the government and the defendant that:

a. ifthe Court determines that § 2B1.1(b)(1)(J) applies, § 3B1.2(b) does not apply,
and that defendant meets the criteria listed in adopted Guidelines § 4C1.1 such
that a two-level downward variance from the applicable Guidelines range
referenced in paragraph 13 is warranted, then with a total offense level of 20
and criminal history category of I, the defendant's sentencing range would be a
term of imprisonment of 33 to 41 months, a fine of $15,000 to $150,000, and a
period of supervised release of 2 to 5 years; and

b. if the Court determines that § 2B1.1(b)(1)(H) and § 3B1.2(b) apply, and that
defendant meets the criteria listed in adopted Guidelines § 4C1.1 such that a
two-level downward variance from the applicable Guidelines range referenced
in paragraph 13 is warranted, then with a total offense level of 14 and a criminal
history category of I, the defendant’s sentencing range would be a term of
imprisonment of 15 to 21 months, a fine of $7,500 to $75,000, and a period of
supervised release of 2 to 5 years.
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 8 of 19

Notwithstanding this, the defendant understands that at sentencing the defendant is subject

to the maximum penalties set forth in 4 1 of this agreement.

16. With the exception of the disagreement set forth in paragraphs 8, 9, and 10 of
this agreement, the government and the defendant agree to the correctness of the calculation
of the Sentencing Guidelines range set forth above. The government and the defendant,
however, reserve the right to recommend a sentence outside the Sentencing Guidelines range.
This paragraph reserves the right to the government and the defendant to bring to the attention
of the Court all information deemed relevant to a determination of the proper sentence in this

action.

17. The defendant understands that the Court is not bound to accept any
Sentencing Guidelines calculations set forth in this agreement and the defendant will not be

entitled to withdraw the plea of guilty based on the sentence imposed by the Court.
18. In the event the Court contemplates any Guidelines adjustments, departures,

or calculations different from those agreed to by the parties above, the parties reserve the right

to answer any inquiries by the Court concerning the same.

IV. STATUTE OF LIMITATIONS

19. Inthe event the defendant’s plea of guilty is withdrawn, or conviction vacated,
either pre- or post-sentence, by way of appeal, motion, post-conviction proceeding, collateral

attack or otherwise, the defendant agrees that any charges dismissed pursuant to this
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 9 of 19

agreement shall be automatically reinstated upon motion of the government and further
agrees not to assert the statute of limitations as a defense to any federal criminal offense which
is not time barred as of the date of this agreement. This waiver shall be effective for a period
of six months following the date upon which the withdrawal of the guilty plea or vacating of

the conviction becomes final.

Vv. REMOVAL
20. The defendant represents that he is a citizen of the United States. However, if
the defendant is not a citizen of the United States, the defendant understands that, if
convicted, the defendant may be removed from the United States, denied citizenship, and

denied admission to the United States in the future.

VI. GOVERNMENT RIGHTS AND OBLIGATIONS

21. The defendant understands that the government has reserved the right to:

a. provide to the Probation Office and the Court all the information and
evidence in its possession that the government deems relevant
concerning the defendant's background, character and involvement in
the offense charged, the circumstances surrounding the charge and the
defendant's criminal history;

b. respond at sentencing to any statements made by the defendant or on
the defendant's behalf that are inconsistent with the information and
evidence available to the government;

c. advocate for a specific sentence consistent with the terms of this
agreement including the amount of restitution and/or a fine and the
method of payment;

d. modify its position with respect to any sentencing recommendation or
sentencing factor under the Guidelines including criminal history
category, in the event that subsequent to this agreement the government
receives previously unknown information, including conduct and
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 10 of 19

statements by the defendant subsequent to this agreement, regarding the
recommendation or factor;

€. oppose any application for a downward departure and/or sentence
outside the Guidelines range made by the defendant.

22. At sentencing, the government will move to dismiss the open counts of the

Indictment against the defendant.

VII. RESTITUTION AND FINANCIAL PENALTY PROVISIONS

23. Pursuant to Title 18, United States Code, Section 3663(a)(3), the parties agree
that the Court shall require restitution in the approximate amount of $605,200 as part of the
defendant’s sentence. The defendant understands that defendant will not be entitled to

withdraw the plea of guilty based upon any restitution amount ordered by the Court.

24. The restitution amount of $605,200 stated above represents the total amount of
the loss in connection to this defendant. Although the defendant shall be liable for the full
amount of the loss, all of his obligation shall be joint and several with co-defendant Larry D.

Jordan, II.

25. The defendant agrees to disclose fully and completely all assets in which the
defendant either has any property interest or over which the defendant exercises control,
directly or indirectly, including those held by a spouse, nominee or other third party. The
defendant agrees to make complete financial disclosure to the United States by truthfully
executing a sworn financial statement by the deadline set by the United States, or if no

deadline is set, no later than two weeks prior to the date of sentencing. The defendant agrees

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to authorize the release of all financial information requested by the United States, including,
but not limited to, executing authorization forms for the United States to obtain tax
information, bank account records, credit history, and social security information. The
defendant agrees to discuss or answer any questions by the United States relating to the
defendant's complete financial disclosure. The defendant will submit to an examination
under oath and/or a polygraph examination conducted by an examiner selected by the U.S.
Attorney’s Office on the issue of the defendant’s financial disclosures and assets, if deemed
necessary by the U.S. Attorney’s Office. The defendant certifies that the defendant has made
no transfer of assets in contemplation of this prosecution for the purpose of evading or
defeating financial obligations that are created by the agreement and/or that may be imposed.
upon the defendant by the Court. In addition, the defendant promises that the defendant will

make no such transfers in the future.

26. The defendant agrees that any financial records and information provided by
the defendant to the Probation Office, before or after sentencing, may be disclosed to the

United States Attorney’s Office for use in the collection of any unpaid financial obligation.

27. The defendant understands and agrees that the Court, at the time of sentencing,
will order that all monetary penalties imposed at that time (including any fine, restitution, or
special assessment imposed in accordance with the terms and conditions of this plea
agreement) are to be due and payable in full immediately and will be (i) subject to immediate
enforcement as provide for in 18 U.S.C Section 3613, and (ii) submitted to the Treasury Offset

Program (TOP) so that any federal payment or transfer of returned property the defendant

il
Case 1:21-cr-0O0009-JLS-HKS Document 135 Filed 09/07/23 Page 12 of 19

receives may be offset and applied to federal debts but will not affect any periodic payment

schedule set by the Court.

28. The defendant understands and acknowledges that any schedule of payments
imposed by the Court at the time of sentencing is merely a minimum schedule of payments
and does not, in any way, limit those methods available to the United States to enforce the

judgment.

29. The defendant agrees that any funds and assets in which the defendant has an
interest, which have been seized or restrained by the government or law enforcement as part
of the investigation underlying this plea agreement, and not subject to forfeiture, will be used
to offset any judgment of restitution and fine imposed pursuant to this plea agreement, or to

satisfy any debts owed by the defendant to the United States and/or agencies thereof.

30. To the extent that the defendant has an interest, the defendant authorizes the
District Court Clerk to release any funds posted as security for the defendant’s appearance
bond in this case, which funds shall be applied to satisfy the financial obligation(s) of the

defendant pursuant to the judgment of the Court.

VI. APPEAL RIGHTS

31. The defendant understands that Title 18, United States Code, Section 3742
affords a defendant a limited right to appeal the sentence imposed. The defendant, however,
knowingly waives the right to appeal and collaterally attack a term of imprisonment of 41 or

fewer months, a fine equal to or less than $150,000, and a period of supervised release of 5 or

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fewer years, above, notwithstanding the manner in which the Court determines the sentence.
In the event of an appeal of the defendant's sentence by the government, the defendant
reserves the right to argue the correctness of the defendant's sentence. The defendant further
agrees not to appeal a restitution order which does not exceed the amount set forth in Section

VII of this agreement.

32. The defendant understands that by agreeing not to collaterally attack the
sentence, the defendant is waiving the right to challenge the sentence in the event that in the
future the defendant becomes aware of previously unknown facts or a change in the law which

the defendant believes would justify a decrease in the defendant’s sentence.

33. The government waives its right to appeal any component of a sentence
imposed by the Court that includes a term of imprisonment of 15 or more months
imprisonment or a fine greater than or equal to $7,500, notwithstanding the manner in which
the Court determines the sentence. However, in the event of an appeal from the defendant's
sentence by the defendant, the government reserves its right to argue the correctness of the

defendant's sentence.

IX. FORFEITURE PROVISIONS

34. | Asacondition of the plea, the defendant agrees not to contest any forfeiture or
abandonment proceeding that may be brought by the United States and agrees to immediately
criminally forfeit all of the defendant’s right, title and interest to any and all property which

are subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) and

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Title 28, United States Code, Section 2461(c), which are in the possession and control of the

defendant or the defendant’s nominees. That property includes:

A. MONETARY SUM

i. The approximate sum of $556,200 in United States currency that represents
proceeds that defendant obtained from his involvement in the criminal conduct,
which if not readily available will become a monetary judgment and will serve
as a lien against the defendant’s property, wherever situated, with interest to
accrue at the prevailing rate per annum until fully satisfied in the event this
amount is not located.

B. BANK AND INVESTMENT ACCOUNTS

1. $283,774.12 in funds seized from account number 0201308971 in the
name of 5 Stems Inc. at Regions Financial Corporation;

il. $7,815.95 in funds seized from account number 483078011512 in the
name of FLE LLC at Bank of America;

iil. $138,811.24 in funds seized from account number 488263054 in the name

of Sutukh El, A/K/A Curtis Jordan, A/K/A Hugo Hurt
A/K/A Hugo Hurtington at TD Ameritrade; and

iv. $4,428.14 in funds seized from account number 483068671713 in the
name of HHDonDeck at Bank of America.

C. VEHICLE

i. One (1) 2011 Chevrolet Silverado, VIN: 1GCRKSE30BZ457955, Titled and
Registered To Luther L. Jordan.

35. The defendant also agrees that the properties listed above are properly

forfeitable to the United States pursuant to Title 18, United States Code, Section 981(a)(1)(C)

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and Title 28, United States Code, Section 2461(c). The defendant also agrees that the
monetary sum listed above is properly forfeitable to the United States pursuant to Title 18,
United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c)
and based upon the acts of the defendant, it is no longer available for forfeiture pursuant Title
21, United States Code, Section 853(p) and thus the United States has the right to seek
forfeiture of substitute assets of the defendant. The defendant further agrees to fully assist the
government in the identification and recovery of any property subject to forfeiture, or of any
property found by the government or surrendered by the defendant to satisfy such judgment,
and to take whatever steps are necessary to pass clear title to the United States, including, but
not limited to surrender of title and execution of any documents necessary to transfer the
defendant’s interest in any of the above property to the United States, as deemed necessary
by the government. In addition, the defendant agrees not to contest the forfeiture of the
property referred to above in any ancillary proceeding and will not file any petitions or claims
with regard to the aforementioned properties and will not assist any third parties in the filing

of any petitions or claims in any ancillary proceeding.

36. The defendant understands and agrees that the Court, at the time of sentencing,
will order a forfeiture money judgment which is due and payable in full immediately and
subject to immediate enforcement by the United States. The defendant agrees that any funds
and assets in which the defendant has an interest, which have been seized or restrained by the
government or law enforcement as part of the investigation underlying this plea agreement,
will be used to offset any forfeiture money judgment imposed pursuant to this plea agreement,

or to satisfy any debts owed by the defendant to the United States and/or agencies thereof.

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To the extent that the defendant has an interest, the defendant authorizes the District Court
Clerk to release any funds posted as security for the defendant’s appearance bond in this case,

which funds shall be applied to satisfy the criminal forfeiture judgment.

37. The defendant further acknowledges that if the defendant cannot pay the full
amount immediately and is placed in custody, the defendant agrees that the Bureau of Prisons
will have the authority to establish payment schedules to ensure payment of the money
judgment. The defendant further agrees to cooperate fully in efforts to collect on the money
judgment by set-off of federal payments through the Treasury Offset Program (“TOP”),
execution on non-exempt property, and any other means the United States deems
appropriate. The defendant and counsel also agree that the defendant may be contacted post-
judgment regarding the collection of the money judgment without notifying defendant's

counsel and outside the presence of the defendant's counsel.

38. After the acceptance of the defendant’s guilty plea, and pursuant to Rule
32.2(b)(2) of the Federal Rules of Criminal Procedure, the Court will issue a Preliminary
Order of Forfeiture for the items listed above. The defendant hereby waives any right to notice
of such Preliminary Order of Forfeiture. The defendant further consents and agrees that the
Preliminary Order of Forfeiture and a Final Order of Forfeiture shall issue and become final
as to the defendant prior to sentencing and agrees that it shall be made part of the defendant’s
sentence and included in the judgment pursuant to Rule 32.2(b)(4) of the Federal Rules of
Criminal Procedure. The defendant further agrees to waive any time restrictions or
requirements as provided in Title 18, United States Code, Section 983, any notice provisions

in Rules 32.2 and 43(a) of the Federal Rules of Criminal Procedure regarding notice of the

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forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. The defendant acknowledges that the
defendant understands that the forfeiture of property is part of the sentence that may be
imposed in this case and waives any failure by the Court to advise the defendant of this,
pursuant to Rule 11(b)(1)() of the Federal Rules of Criminal Procedure, at the time the guilty
plea is accepted. Forfeiture of the defendant's property shall not be treated as satisfaction of
any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon

the defendant in addition to forfeiture.

39. The defendant knowingly, intelligently, and voluntarily waives his right to a
jury trial on the forfeiture of the assets. The defendant knowingly, intelligently, and
voluntarily waives all constitutional, legal and equitable defenses to the forfeiture of these
assets in any proceeding, including any jeopardy defense or claim of double jeopardy, whether
constitutional or statutory, as to this criminal proceeding or any related civil or administrative
proceeding. The defendant further agrees to waive any claim or defense under the Eighth
Amendment to the United States Constitution, including any claim of excessive fine regarding
the forfeiture of assets by the United States. The defendant agrees that all of the above-
described property is subject to forfeiture and waives any and all statutory and constitutional
rights, including but not limited to time restrictions and notice provisions with respect to the

final disposition or forfeiture of the above property.

40. The defendant agrees that forfeiture of the aforementioned properties as set
forth in this agreement shall not be deemed an alteration of the defendant’s sentence.

Forfeiture of the defendant’s property shall not be treated as satisfaction of any fine,

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restitution, cost of imprisonment, or any other penalty the Court may impose upon the
defendant in addition to forfeiture. However, it is understood by the defendant that the
government may, in its sole discretion, recommend to the Attorney General that any of the
forfeited proceeds be remitted or restored to the eligible victims of the offense, pursuant to
Title 18, United States Code, Section 981(e), 28 C.F.R. Pt. 9, and other applicable law, it
being understood that the United States Attorney’s Office has authority only to request such
relief and that the final decision of whether to grant relief rests with the Department of Justice,
which will make its decision in accordance with applicable law. The defendant further
expressly understands that one of the factors to be considered by the Department of Justice in
approving any such restoration request is whether or not the defendant has other assets in
which he could pay the restitution judgment and the defendant shall have no recourse in the

event the restoration request is denied.

41. The defendant agrees that in the event this plea agreement is voided for any
reason, the agreement for forfeiture, and disposition of the properties and monetary amount

as set forth above survives and shall be given full force and effect.

X. TOTAL AGREEMENT AND AFFIRMATIONS
42. This plea agreement represents the total agreement between the defendant,
SUTUKH EL a/k/a Curtis Jordan a/k/a Hugo Hurt a/k/a Hugo Hermes Hurtington, and
the government. There are no promises made by anyone other than those contained in this
agreement. This agreement supersedes any other prior agreements, written or oral, entered

into between the government and the defendant.

18
Case 1:21-cr-00009-JLS-HKS Document 135 Filed 09/07/23 Page 19 of 19

GLENN S. Leon

TRINI E. ROSS DANTEE-S-ARIT
United States attorney ing Chief, Fraud Section

CHARLES M. KRULY RIEL GLASNER

Assistant United States ‘ttoniey Trial Attorney

United States Attorney’s Office Criminal Division, Fraud Section
Western District of New York U.S. Department of Justice

138 Delaware Avenue 1400 New York Avenue, N.W.
Buffalo, New York 14202 Washington, D.C. 20005
716-843-5838 202-598-2522

Dated: September , 2023 Dated: September T , 2023

I have read this agreement, which consists of pages 1 through 19. I have had a full

opportunity to discuss this agreement with my attorney, Cheryl Meyers Buth, Esq. I agree

that it represents the total agreement reached between me and the government. No promises

or representations have been made to me other than what is contained in this agreement. I

understand all of the consequences of my plea of guilty. I fully agree with the contents of this

agreement. I am signing this agreement voluntarily and of my own free will.

ACG (UA, AK

SUTUKH EL a/k/a Curtis Jordan CHERY MEYERS BUTH, ESQ. -
a/k/a Hugo Hurt a/k/a Hugo Hermes Attorney for the Defendant
Hurtington

Dated: September 2 , 2023
Defendant

Dated: September / , 2023

19


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