United States v. Heidi Cid — Plea Agreement, Southern District of Florida (Document 35)

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A plea agreement between the U.S. Attorney's Office for the Southern District of Florida and Heidi Cid in Case Nos. 23-CR-20421-RNS and 23-CR-20422-RNS, in the U.S. District Court for the Southern District of Florida, entered on the docket April 22, 2024 as Document 35. The defendant agrees to plead guilty to Count 1 in case number 23-CR-20421-RNS, conspiracy to commit wire fraud under 18 U.S.C. § 1349, and Count 2 in case number 23-CR-20422-RNS, aggravated identity theft under 18 U.S.C. § 1028A(a)(1), which carries a consecutive term of two (2) years. The parties jointly recommend a base offense level of 7, a twenty (20) level increase for a loss of more than $9,500,000, a sophisticated means increase and a total offense level of 29. The defendant agrees to cooperate and to forfeit property including approximately $541,181 and a Rolex watch.

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Case 1:23-cr-20421-RNS Document 35 Entered on FLSD Docket 04/22/2024 Page 1 of 10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NOS. = 23-CR-20421-RNS
23-CR-20422-RNS

UNITED STATES OF AMERICA

VS.
HEIDI CID,
Defendant.

/

PLEA AGREEMENT

The United States Attorney’s Office for the Southern District of Florida (“this Office”) and
Heidi Cid (hereinafter referred to as the “defendant”) enter into the following agreement:

1. The defendant agrees to plead guilty to Count 1 of the Indictment in case number
23-CR-20421-RNS. Count | charges the defendant with Conspiracy to Commit Wire Fraud in
violation of 18 U.S.C. § 1349. The defendant also agrees to plead guilty to Count 2 of the
Indictment in case number 23-CR-20422-RNS. Count 2 charges the defendant with Aggravated
Identity Theft in violation of 18 U.S.C. § 1028A(a)(1). This Office agrees to seek dismissal of the
remaining counts of the Indictments, as to this defendant, after sentencing.

2. The 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”). 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.
Case 1:23-cr-20421-RNS Document 35 Entered on FLSD Docket 04/22/2024 Page 2 of 10

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 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 a sentence within that advisory range; 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 range. 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 offenses identified in
paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence
imposed.

3. The defendant also understands and acknowledges that the Court may impose a
statutory maximum term of imprisonment of up to twenty (20) years under Count 1 in case number
23-CR-20421-RNS. The Court may impose a statutory maximum term of supervised release of
up to three (3) years. In addition, the Court may impose a fine of up to $250,000.

4. The defendant also understands and acknowledges that the Court must impose a
statutory term of imprisonment of two (2) years under Count 2 in case number 23-CR-20422-RNS,
which must run consecutively to any term of imprisonment imposed under 23-CR-20421-RNS.
The Court may impose a statutory maximum term of supervised release of up to one (1) year. In
addition, the Court may impose a fine of up to $250,000.

5. The defendant further understands and acknowledges that, in addition to any
sentence imposed under paragraph three (3) of this agreement, a special assessment in the amount
of $100 will be imposed on the defendant. The defendant agrees that any special assessment

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imposed shall be paid at the time of sentencing. If the defendant is financially unable to pay the
special assessment, the defendant agrees to present evidence to this Office and the Court at the
time of sentencing as to the reasons for the defendant’s failure to pay.

6. 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
contained in this agreement, this Office further reserves the right to make any recommendation as
to the quality and quantity of punishment.

7. This Office agrees that it will recommend at sentencing that the Court reduce by
two (2) levels the sentencing guideline level applicable to the defendant’s offense, pursuant to
Section 3E1.1(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 sixteen (16) or greater, this Office will file a motion
requesting an additional one (1) level decrease pursuant to Section 3E1.1(b) of the Sentencing
Guidelines, stating that the defendant has assisted authorities in the investigation or prosecution of
the defendant’s own misconduct by timely notifying authorities of the defendant’s intention to
enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting
the government and the Court to allocate their resources efficiently. This Office, however, will
not be required to make this motion if the defendant: (1) fails or refuses to make a full, accurate
and complete disclosure to the probation office of the circumstances surrounding the relevant
offense conduct; (2) is found to have misrepresented facts to the government prior to entering into

this plea agreement; or (3) commits any misconduct after entering into this plea agreement,

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including but not limited to committing a state or federal offense, violating any term of release, or
making false statements or misrepresentations to any governmental entity or official.

8. The defendant agrees that she shall cooperate fully with this Office by: (a)
providing truthful and complete information and testimony, and producing documents, records and
other evidence, when called upon by this Office, whether in interviews, before a grand jury, or at
any trial or other Court proceeding; (b) appearing at such grand jury proceedings, hearings, trials,
and other judicial proceedings, and at meetings, as may be required by this Office; and (c) if
requested by this Office, working in an undercover role under the supervision of, and in
compliance with, law enforcement officers and agents. In addition, the defendant agrees that she
will not protect any person or entity through false information or omission, that she will not falsely
implicate any person or entity, and that she that she will not commit any further crimes.

9. This Office reserves the right to evaluate the nature and extent of the defendant’s
cooperation and to make that cooperation, or lack thereof, known to the Court at the time of
sentencing. If in the sole and unreviewable judgment of this Office the defendant’s cooperation
is of such quality and significance to the investigation or prosecution of other criminal matters as
to warrant the Court’s downward departure from the advisory sentencing range calculated under
the Sentencing Guidelines and/or any applicable minimum mandatory sentence, this Office may
make a motion prior to sentencing pursuant to Section 5K1.1 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 the defendant has provided
substantial assistance and recommending that the defendant’s sentence be reduced. The
defendant understands and agrees, however, that nothing in this agreement requires this Office to
file any such motions, and that this Office’s assessment of the quality and significance of the

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defendant’s cooperation shall be binding as it relates to the appropriateness of this Office’s filing
or non-filing of a motion to reduce sentence.

10. The defendant understands and acknowledges that the Court is under no obligation
to grant a motion for reduction of sentence filed by this Office. In addition, the defendant further
understands and acknowledges that the Court is under no obligation of any type to reduce the
defendant’s sentence because of the defendant’s cooperation.

11. The defendant is aware that the 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, this Office, or
the probation office, is a prediction, not a promise, and is not binding on this Office, the probation
office, or the Court. The defendant understands further that any recommendation that this Office
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, as previously acknowledged in paragraph two (2) above, that the
defendant may not withdraw her plea based upon the Court’s decision not to accept a sentencing
recommendation made by the defendant, this Office, or a recommendation made jointly by the
defendant and this Office.

12. This Office 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 and the parties agree that no other enhancements
apply:

a. Base Offense: Pursuant to U.S.S.G. § 2B1.1(a)(1), the base offense level is 7.

b. Specific Offense Characteristic: Pursuant to U.S.S.G. § 2B1.1(b)(1)(K), the

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offense level shall be increased by twenty (20) levels because the relevant amount
of actual, probable, or intended loss resulting from the offense committed in this
case is more than $9,500,000 but less than or equal to $25,000,000.

c. Sophisticated Means: Pursuant to U.S.S.G. § 2B1.1(b)(10), the offense level shall

be increased by two (2) levels because the offense involved sophisticated means
and the defendant intentionally engaged in or caused the conduct constituting
sophisticated means.

d. Role in the offense: That the defendant should not receive any adjustment pursuant

to U.S.S.G §§ 3B1.1 or 3B1.2 for role in the offense.

e. Total Offense Level: The total offense level is 29 less any adjustment for

acceptance of responsibility or first-time offender.

13. The defendant agrees, in an individual and any other capacity, to forfeit to the
United States voluntarily and immediately any property, constituting, or derived from, proceeds
the person obtained directly or indirectly, as a result of a violation 18 U.S.C. 1349, pursuant to
Title 18, United States Code, Section 982(a)(2)(A) and the provisions of 21 U.S.C. § 853. In
addition, the defendant agrees to forfeiture of substitute property pursuant to 21 U.S.C. § 853(p).
The property subject to forfeiture includes, but is not limited to:

a. a forfeiture money judgment in a sum to be determined, which represents the
value of the property subject to forfeiture;
b. directly forfeitable property, including, but not limited to:
i. real property located at 5985 W 13 AVE, HIALEAH, FLORIDA 33012;
ii. approximately $541,181 in U.S. currency, seized on or about January 12,

2021;
Case 1:23-cr-20421-RNS Document 35 Entered on FLSD Docket 04/22/2024 Page 7 of 10

iii. one (1) stainless steel and 18kt yellow gold Rolex watch seized on or about
January 12, 2021; and
c. substitute property, including, but not limited to;
i. real property located at 16225 SW 107 CT, MIAMI, FLORIDA 33157.

14. 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.

15. 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 also agrees to take
all steps requested by the United States for the recovery and forfeiture of all assets 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, consenting to the placement of lis pendens on any real property, both identified as
directly traceable and substitute property, and not contesting or impeding in any way with any
criminal, civil or administrative forfeiture proceeding concerning the forfeiture.

16. 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 the Offices upon request, within 14

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calendar days from the request;

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 the Offices of: (i) any change of name,
residence, or mailing address, and (ii) any material change in
economic circumstances.

17. 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 § 3E1.1.

18. The defendant is aware that Title 28, United States Code, Section 1291 and Title
18, United States Code, Section 3742 afford the defendant the right to appeal the sentence imposed

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in this case. Acknowledging this, in exchange for the undertakings made by the United States in
this plea agreement, the defendant hereby waives all rights conferred by Sections 1291 and 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 and/or an upward variance from the advisory 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) and Title 28, United States Code, Section 1291. However, if the
United States appeals the defendant’s sentence pursuant to Sections 3742(b) and 1291, the
defendant shall be released from the above waiver of her right to appeal her sentence.

19. The defendant further hereby waives all rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statute(s) to which the defendant is pleading
guilty is/are unconstitutional; and/or (2) the admitted conduct does not fall within the scope of the
statute(s) of conviction.

20. By signing this agreement, the defendant acknowledges that the defendant has
discussed the appeal waiver set forth in this agreement with the defendant’s attorney. The
defendant further agrees, together with this Office, to request that the Court enter a specific finding
that the defendant’s waiver of her right to appeal the sentence imposed in this case and her right
to appeal her conviction in the manner described above was knowing and voluntary.

21. The defendant recognizes that pleading guilty may have consequences with respect
to the defendant’s immigration status if the defendant is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses. Removal and other immigration

consequences are the subject of a separate proceeding, however, and defendant understands that

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no one, including the defendant’s attorney or the Court, can predict to a certainty the effect of the
defendant’s conviction on the defendant’s immigration status. The defendant nevertheless
affirms that the defendant wants to plead guilty regardless of any immigration consequences that
the defendant’s plea may entail, even if the consequence is the defendant’s automatic removal
from the United States.

22. This is the entire agreement and understanding between this Office and the

defendant. There are no other agreements, promises, representations, or understandings.

MARKENZY LAPQINTE
UNITED STATESATTORNEY

THOMAS HAGGERTY
ASSISTANY UNITED STATES ATTORNEY

Date: Won) oy By: 7)

4; DAVIL OSCAR MARKUS
COUNSEL FOR DEFENDANT

Date: Wr2/ 2004 By: by Lh Af

FOR DEFENDANT
a HEIDI CID
DEFENDA

10


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