United States v. Elisa Rivera — Plea Agreement, Southern District of Florida (Document 8)
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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.
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“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/
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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
.*
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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
'
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Date:/11 J -
Byz,- .
'
ael' 'rer# .-.
'
XttorneyforDefendant
v e
.
Date: z/y/v
'.
By: E sa Ryvero
a
,
,
Defendant '
7
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