United States v. Anthony Faustin — Plea Agreement, Southern District of Florida (Document 25)
Summary
A plea agreement in United States v. Anthony Faustin, Case No. 23-20275-CR-RAR, in the U.S. District Court for the Southern District of Florida, entered on the docket September 19, 2023 as Document 25. The defendant agrees to plead guilty to Count one (1), conspiracy to commit wire fraud, and Count thirteen (13), aggravated identity theft, which carries a mandatory two (2) years consecutive to any other sentence. The parties agree to jointly recommend a base offense level of seven (7) under USSG § 2B1.1 and an intended loss between $95,000 and $150,000, adding eight (8) levels. The agreement provides for a $200.00 special assessment, a forfeiture money judgment and an appeal waiver. The signature block names the defendant, defense attorney George Pallas and Assistant United States Attorney Daniel Bernstein.
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“United States v. Anthony Faustin — Plea Agreement, Southern District of Florida (Document 25).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-no-1-23-cr-20275-dkt-25-s-d-fla-5a5031ff1b/
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Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 1 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-20275-CR-RAR
UNITED STATES OF AMERICA
vs.
ANTHONY FAUSTIN,
Defendant.
_____ _ _ _______./
PLEA AGREEMENT
The Office of the United States Attorney for the Southern District of Florida (hereinafter
this "Office") ANTHONY FAUSTIN (hereinafter referred to as the "Defendant") enter into the
following agreement:
1. The Defendant agrees to plead guilty to Count one (1) of the Indictment which
charges the Defendant with Conspiracy to Commit Wire Fraud in violation of Title 18, United
States Code, Section 1343 and Count thirteen (13) which charges the Defendant with Aggravated
Identity Theft in violation of Title 18, United States Code, Section 1028A(a)(l).
2. The Defendant is aware that the sentence will be imposed by the Court after
considering the 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
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 2 of 8
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 that sentence; the Court is permitted to tailor the ultimate sentence in
light of other statutory concerns, and such sentence may be either more severe or less severe than
the Sentencing Guidelines' advisory sentence. Knowing these facts , the Defendant understands
and acknowledges that the Court has the authority to impose any 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 as a result of the sentence imposed.
3. The Defendant understands that as to Count one (1) the Court may impose a
sentence of up to twenty (20) years imprisonment, followed by a term of supervised release of up
to three (3) years and a fine ofup to $250,000. As to Count thirteen (13), the Defendant understands
that the Court must impose a sentence of two (2) years consecutive to any other punishment
imposed on Count on (1 ), followed by a term of supervised release ofup to one ( 1) year and a fine
of up to $250,000.
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
$200.00 will be imposed on the Defendant. The Defendant agrees that any special assessment
imposed shall be paid at the time of sentencing.
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
2
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 3 of 8
contained in this agreement, this Office further reserves 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
3El.l(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, the government will make a motion requesting an
additional one level decrease pursuant to Section 3El.l(b) of the Sentencing Guidelines, stating
that the Defendant has assisted authorities in the investigation or prosecution of his own
misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby
permitting the government and the Court to allocate their resources efficiently.
However, this Office will not be required to make these recommendations if the Defendant:
(a) fails or refuses to make a full , accurate and complete disclosure to the probation office of the
circumstances surrounding the relevant offense conduct; (b) is found to have misrepresented facts
to the government prior to entering this plea agreement; or (c) commits any misconduct after
entering into this plea agreement, including but not limited to committing a state or federal offense,
violating any term ofrelease, or making a false statement or misrepresentation to any governmental
entity or official.
7. The United States 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
findings and conclusions as to the sentence to be imposed:
3
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 4 of 8
a. Base Offense Level- the parties agree that the appropriate base offense level is seven (7)
under USSG § 2B1.1.
b. Loss-the parties agree that the intended loss in this case was between $95,000 and
$150,000 which results in an increase of eight (8) levels under USSG § 2B 1.1.
8. The Defendant is aware that his 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, the
government, or the probation office, is a prediction, not a promise, and is not binding on the
government, the probation office or the Court. The Defendant understands further that any
recommendation that the government makes to the Court as to sentencing, whether pursuant to this
agreement or otherwise, is not binding on the Court and the Court may disregard the
recommendation in its entirety. The Defendant understands and acknowledges that he may not
withdraw his plea based upon the Court's decision not to accept a sentencing recommendation
made by the Defendant, the government, or a recommendation made jointly by both the Defendant
and the government.
9. 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, which constitutes or is derived from proceeds traceable to the commission of the offense,
in violation of Title 18, United States Code, Sections 1343 and 1349, pursuant to Title 18, United
States Code, Section 981 (a)(l )(C), as incorporated by Title 28, United States Code, Section
246l(c), and the provisions of Title 21 , United States Code, Section 853 . The property subject to
forfeiture includes, but is not limited to: a forfeiture money judgment in the sum of an amount of
4
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 5 of 8
United States currency equal in value to any property that constitutes or is derived from proceeds
traceable to the Defendant's commission of the fraudulent scheme and offense.
I 0. 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. R. Crim. P. 32.2 and 43(a), and any appeal of the
forfeiture.
11 . 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,
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.
12. 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;
5
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 6 of 8
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
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.
13. The Defendant is aware that Title 18, United States Code, Section 3742 affords him
the right to appeal the sentence imposed in this case. Acknowledging this, the Defendant thereby
6
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 7 of 8
waives all rights conferred by Section 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 result of an upward departure from the
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). However, if the government appeals the
Defendant's sentence pursuant to Section 3742(b), the Defendant shall be released from the above
waiver of appellate rights. By signing this agreement, the Defendant acknowledges that he has
discussed the appeal waiver set forth in this agreement with his attorney. The Defendant further
agrees, together with this Office, to request that the district Court enter a specific finding that the
Defendant's waiver of his right to appeal the sentence to be imposed in this case was knowing and
voluntary.
14. The Defendant agrees that he has consulted with his attorney and fully understands
all rights with respect to the Indictment. Fu1ther, the Defendant agrees that he has been advised
concerning and fully understands all rights with respect to the provisions of the Sentencing
Guidelines which may apply in this case. The Defendant, by his signature affixed below, attests
that he has read this agreement and voluntarily agrees to be bound by every term and condition set
forth herein.
15 . Defense counsel, by his signature affixed below, attests that he has fully explained
to the Defendant his rights with respect to the pending Indictment, that he has reviewed with the
Defendant the provisions of the Sentencing Guidelines and has explained to the Defendant the
provisions which may apply in this case, and that he has carefully reviewed every part of this plea
7
Case 1:23-cr-20275-RAR Document 25 Entered on FLSD Docket 09/19/2023 Page 8 of 8
agreement with the Defendant.
16. This is the entire agreement and understanding between this Office and the
Defendant. There are no other agreements, promises, representations, or understandings.
Date: ~2.,3 2
ANTHONY FAUSTIN
Def ~
Date: ~
GEORGE PALLAS
Attorney for ANTHONY FAUSTIN
~ ---
DANIEL BERNSTEIN
Assistant United States Attorney
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