Pandemic Darlings The pandemic economy, in original documents
Home United States v. Elisa Rivera — Plea Agreement, Southern District of Florida (Document 8)Search ⌕

United States v. Elisa Rivera — Plea Agreement, Southern District of Florida (Document 8)

Summary

A plea agreement between the U.S. Attorney's Office for the Southern District of Florida and Elisa Rivera, entered on the docket February 24, 2022 as Document 8 in No. 1:22-cr-20028-DLG in the U.S. District Court for the Southern District of Florida. The defendant agrees to waive indictment and plead guilty to an Information charging conspiracy to commit wire fraud under Title 18, United States Code, Section 371, which carries up to 5 years of imprisonment and a fine of up to $250,000 or twice the gross gain or loss resulting from the offense, whichever is greater. The parties agree to jointly recommend a base offense level of 6 under Section 2B1.1(a)(2) and a loss of more than $150,000 and less than $250,000. The defendant agrees to a forfeiture money judgment of not less than $2,000.00 and to a judgment for loan proceeds and advances not to exceed $71,200.00.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“United States v. Elisa Rivera — Plea Agreement, Southern District of Florida (Document 8).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-no-1-22-cr-20028-dkt-8-s-d-fla-d4bd12bdb2/, SHA-256 d92455cb375d0254ba87553e074f78c4db1072c338d2f6e51f2623f3400c60c2.

Full text

Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 1 of 7




                               UNITEP STATES QISTRICTCOURT
                               SOUTHERN DISTRiCTbFFLORIDA
                                   caseNo. ZZ-ZOOZy-CrCQBAHAM/MCALILEY

       UNITE: STATES OFAMERIGA
       VS.

       ELISA RIVERA,
                     Defendant.
                                          /
                                        PLEA A GREEMENT

             TheOfficeoftheUnitedStatesAttorneyfortheSouthernDistrictofFlorida ('dthis
       Office')and the defendant,ELISA RIVERA (ndefendanf'),enterinto the following
       agreem ent:

                     Pursuantto Rule 7(b)ofthe FederalRules ofCriminalProcedure,the
       defendantagreestowaive indictmentand to plead guil
                                                        tyto a one-countfel
                                                                          onylnformation
       which charges herwith conspiracy to comm i
                                                twire fraud,in violation ofTitl
                                                                              e 18,Uni
                                                                                     ted
       States Code,Section 371.
                                                       l

             2.      The defendantis aware thathersentencewillbe imposed bythe Courtaqer
       cbnsidering the advisory Federal Sentencing Guidelines and Policy Statemeits

       (hereinafler''
                    Sentencing Guidelinesn). Thedefendantacknowledgesand understands
       thatthe Courtwillcompute an advisoly sentence underthe Sentencing Gtlidelinesand
       thatthe appllcable guidelines willbe determ ined
                                                      .bythe Courtrelying in parton the resul
                                                                                            ts
       ofa pre-sentence investigation by the Court's probation ofice,which investigation will
       com m ence afterthe guilty plea has been entered. The defendantis aùso aware that,
       under cedain circumstances, the Court m ay depart from the advisory sentencipg

                                                 1
Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 2 of 7




       guideline rangethatithascom puted and may raise orIowerthatadvisorysentence under
       the benténcing Guidelines. The defendantisfurtheraware and understahds thatthe
       Codl't is required to considqr the advisory guideline range determined under the
       Sentencing Guidelines,butis notbound to impose a sentence within thatadvisory range'
                                                                                          ,

       the Courtis permitted to tailorthe ultim ate sentence in lightofotherstatutoty concerns,
       and such sentencé may be either more severe or Iess severe than the Sentencing
       Guidelines' advisory range. Knowing these facts, the defendant understands and
       acknowledgesthatthe Coud hasthe authori
                                             ty tn impose any sentencè wi
                                                                        thinand upto
       the statutory m aximum authorized by Iaw forthe oiense identifi
                                                                     ed in paragraph 1 and
       thatthe defendantm ay notwi
                                 thdraw the plea solely as a resul
                                                                 tofthe sehtence im posed.
                     The defendant also understands and acknowledges thatthe Coult may
       im pose a statutory maximum term ofim prisorim entofup to 5 years followed by a term of

       supervised release ofup to 3 years,a fine ofup to $250,000 ortwice the grossgain or
       Ioss resul
                ting from the offense,whichever is greater, and may order forfeiture and

       restitution. The Courtalso mustimpose a specialassessmeptinthe amountof$100,
       and the defendant agrees to pay the special assessm ent im posed at the time of
       sentencing.
                     Thi: Office reservesthe rightto inform the Courtand the probation office of
       aIIfactspertinentto the sentencing process,including allrelevantinform ation concerning
                         tted,whethercharged ornot,aswellas concerning the defendantand
       the offenses comm i                                                                  .




       the defendant'
                    s background. Subjectonly to the express terms ofany agreed-upon
       sehtencihg recomm endationscontained inthisagreement,this Oflicefurtherreservesthe
       rightto make any recommendation as to the quality and quantity ofpunishment.


                                                  2
Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 3 of 7




              5.     This Office agrees that i
                                             t willrecom mend at sentencing that the Court
       teduce bytwo levelsthe sentencing guideline Ievelapplicable to the defendant's oiense,

       pursuanttoSection3E1.1(a)oftheSentencingGuidelines,baseduponthedefendant's
       recognition and affirmative and tim el
                                            y acceptance ofpersonalresponsibility.Ifatthe tim e

       of sentencing the defendant's offense Ievel is determ ined to be 16 or greater,the

       governmentwillfile a m otion requesting an additionalone Ieveldec/ease pursuantto

       Section3E1.1(b)oftheSentencingGuidelines,statingthatthedefendanthasassisted
       authoritiesinthe investigation orprosecutionofthe defendant'sown m isconductbytimely

       notifyingauthoritiesofthedefendant'sintentiontoenterapleaofguilty,therebypermi
                                                                                    tting
       the governmentto avoid preparing fortrialand permitting the governmentand the Coud

       to allocate theirresources efficiently. This Office however,willnotbe required to make
       this recomm endation (or any agreed recommendati
                                                      on contained within this plea
       agreement)ifthedefendant:(1)failsorrefusestomakeafull,accurate andcomplete
       disclosure to the probation office ofthe oircumstances surrounding the relevantoffense

       condùct;(2)isfoundto have misrepresentedfactstothe governmentpriortoentering
       into thi
              s plea agreement'
                              ,or(3)commi
                                        ts any misconductafterentering into this plea
       agreement,including butnotIi
                                  m ited to com mitting a state orfederaloffense,vi
                                                                                  olating any

       term ofrelease,ormaking false statem ents orm isrepresentations to any governm ental
       entity orofficial.
              6.     This Office and the defendantagree that,although notbinding on the Court

       orthe probation office,they willjointly recommend thatthe Courtmake the following
       findingsandconclusionsastothesentencetobeimposed:(a)theapplicableSentencing
       Guidelines section forthe offense is 2B1.1;(b) pursuantto Section 2B1.1(a)(2),the
       applicable base offense Ievelis 6;and (c)the loss and intended loss in this case was
                                                 3
Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 4 of 7




       morêthan$150,000andIessthan$250,000,andthatasaresult,thedsfendant'soffense
       Ievelshould be increased by 10, This Office and the defendantfurtheragree thatexcept

       fortheseagreednon-bindingjointrecommendations,thepartiesotherwiseretaintheirfull
       rights to advocate regardingthe applicableadvisory Sentencing Guidelines,the 18 U.S.C.

       j3553/)factors,andtheul
                             timatesentencetobeimposed.
                    The defendantis aware thatthe sentence has notyetbeen determined by
       the Court, The defendantalso is aware that any estim ate ofthe probable sentencing
       range orsentence thatthe defendantm ay receive,whetherthatestim ate comes from the
       defendant's attorney,the governm ent, orthe probation office, is a prediction, not a

       prom i
            se,and is notbinding on the government,the probation office,orthe Court. The

       defendantunderstandsfurtherthatany recommondationthatthe governmentmakesSo
       the Courtas to sentencing,whether pursuant to this agreement or otherwise,is not
       binding on the Courtand the Coud may disregard the recom m endation in its entirety.

       The defendantunderstands and acknow ledges,as previously acknowledged above,that
       the defendantm ay notwithdraw herplea based upon the Coud's decision notto accept
       a sentencing recomm endation m ade by the defendant, the government, or a

       recommendationmadejointly byb0ththedefendantandthisOffice.
             8.     The defendantagrees,in an individualand any othercapacity,to forfeitto
       the United States,voluntarily and im mediately,aIIright,title and interestto any property,
       realor personal,which constitutes proceeds traceable to the o#ense of conviction

       pursuanttoTitle 18,United StatesCode,Section981(a)(1)(C),asmadeapplicable by
       Title28,United StatesCode,Section2461(c).Thepropedysubjecttofo#eiture includes,
       butisnotIimitedto,aforfeituremoneyjudgmentfortheproceedstraceabl
                                                                      etotheoffense
       inanamountnotlessthan $2,000.00in U.S.currency,which sum representspayments
                                                  4
Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 5 of 7




   madetothedefendantforthefilingofapplications,whichispropedysubjecttoforfeiture.
   The defendantfurtheragrees to the entry of a forfeiture money judgment for Ioan
   proceeds and advances,in an amountto be determ ined,notto exceed $71,200.00 in
   U .S .currency.

         9.     The defendant further agrees that forfeiture is independent of any

   assessm ent,fine,cost,restitution,or penalty that m ay be im posed by the Court.The

   defendant know ingly and voluntarily agrees to w ai
                                                     ve aII constitutional, Iegal, and

   equitable defenses to the forfeiture, including excessive fines under the Eighth

   A m endm entto the United States Constitution.In addition,the defendantagrees to w ai
                                                                                       ve:

   any applicable time Iimits for administrative or judicialforfeiture proceedings, the
   requirementsofFed.R.Crim.P.32.2 and43(a),and any appealofthe forfeiture.
         10.    The defendant also agrees to fully and truthfully disclose the existence,

   nature,and Iocation ofalIassets in w hïch the defendanthas orhad any directorindirect

   financialinterestorcontrol,andanyassetsinvolved in theoffensels!ofconviction. The
   defendant agrees to take alIsteps requested by the United States forthe recovery and

   forfeiture ofaIIassets identified by the United States as subjectto forfeiture. This
   includes, but is not Iim ited to, the tim ely delivery upon request of aIl necessary and

   appropriate docum entation to delivergood and m arketable title,consenting to aIlorders

   of forfeiture, and not contesting or im peding in any w ay w ith any crim inal, civil or

   adm inistrative forfei
                        ture proceeding concerning the forfeiture.

         11.    The defendant also understands and acknow ledges that the Court m ust

   order restitution forthe fullam ount ofthe victim 's losses pursuantto 18 U.S .C .Section

   3663A .
Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 6 of 7




                   The defendantis aware thatTitle 18,United States Code,Section 3742 and

       Title 28,Uni
                  ted States Code,Section 1291 afford the defendantthe rightto appealthe
       sentence imposed in this case. Acknowledging this,in exchange forthe undedakings
       made bythe United States in this plea agreement,the defendantherebywaives aIIrights

       conferred by Sections 3742 and 1291 to appealany sentence im posed,including any
       resti
           tution order,orto appealthe m annerin which the sentence was imposed,unlessthe
       sentence exceeds the m aximum perm itted by statute or is the result of an upward

       departure and/oran upward variance from the advisory guideline range thatthe Court
       establishes at sentencing. The defendant fudher understands that nothing in this

       agreementshallaffectthe government's rightand/orduty to appealas setforth inTitle
       18,UnitedStatesCode,Secti
                               on3742(b)andTitle28,UnitedStatesCode,Section1291.
       However,ifthe Uni
                       ted States appeals the defendant's sentence pursuantto Sections

       3742(b)and1291,thedefendantshallbereleased from theabovewaiverofappellate
       rights. By signing this agreement,the defendantacknowledges thatthe defendanthas

       discussed the appealwaiversetfol'th in this agreem entwith the defendant's attorney.
       The defendantfurtheragrees,togetherwith the United States,to requestthatthe Court

       entera specificfinding thatthedefendant'swai
                                                  verofthe defendant's rightto appealthe
       sentence to be im posed in this case was knowing ahd voluntary.




                                                6
                                                                                                      7
    Case 1:22-cr-20028-DLG Document 8 Entered on FLSD Docket 02/24/2022 Page 7 of 7
          .*
      r
w




                       13. Thisisthe entire agreem entand understanding betweenthisOffice and the

               defendant. There are no other agreqments, promises, rejresentations, or
               understandings.

                                                        JUAN ANTONIO GO NM LEZ
                                                        UNITED STATES AU ORNEY


               Date:wjwv'fz.                   By: Edward N.St
                                                        Assistant lt étatesAttorney
                                                             '
                                                                             .                   --

               Date:/11 J        -
                                               Byz,-                                 .



                                                         '
                                                                 ael' 'rer#          .-.
                                                    '
                                                        XttorneyforDefendant

                                                                         v               e
                                                                                 .

               Date:     z/y/v
                         '.
                                               By: E sa Ryvero
                                                             a
                                                                     ,

                                                                                                          ,

                                                        Defendant                            '




                                                             7


File and source

File
8-plea-agreement-elisa-rivera.pdf
Size
313,529 bytes
SHA-256
d92455cb375d0254ba87553e074f78c4db1072c338d2f6e51f2623f3400c60c2
Our copy
8-plea-agreement-elisa-rivera.pdf
Original
archive.org
Back to top