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United States v. Nishant Patel — Plea Agreement, Southern District of Texas (Document 600)

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A plea agreement filed October 2, 2023 as Document 600 in United States of America v. Nishant Patel, No. 4:20-cr-00583, in the U.S. District Court for the Southern District of Texas, Houston Division, between Patel and the U.S. Attorney's Office for the Southern District of Texas and the Justice Department's Fraud Section. Patel agrees to plead guilty to Count One of the Information, conspiracy under Title 18, United States Code, Section 371, which carries a statutory maximum of 5 years and a fine of $250,000. The parties jointly recommend a base offense level of 7, a +12 increase for loss of more than $250,000 but less than $550,000 and a final offense level of 16. The factual basis identifies Patel as manager of Flash Trucking, LLC and describes the Paycheck Protection Program. Robert Valles Jr. signed as defense counsel.

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Cited in: Nishant Patel

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“United States v. Nishant Patel — Plea Agreement, Southern District of Texas (Document 600).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-no-4-20-cr-00583-dkt-600-6264a1bb24/, SHA-256 01455fe525c0c7aff8a7c3309ac19c98a898fb3471514c0c1753d08828e32589.

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Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 1 of 17

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION
UNITED STATES OF AMERICA §
Vv. : Criminal No.
NISHANT PATEL, ;
Defendant. ;
PLEA AGREEMENT

The United States of America, by and through Alamdar S. Hamdani, United States
Attorney for the Southern District of Texas, and Rodolfo Ramirez, Assistant United States
Attorney; Glenn S. Leon, Chief of the Fraud Section of the Criminal Division of the United States
Department of Justice (“Fraud Section”), and Della Sentilles and Louis Manzo, Trial Attorneys of
the Fraud Section; and Defendant Nishant Patel (“Defendant”), by and through Defendant’s
counsel, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, state that they have
entered into an agreement, the terms and conditions of which are as follows:

Defendant’s Agreement

1. Defendant agrees to plead guilty to Count One of the Information, which charges
Defendant with conspiracy to commit the following offense against the United States, in violation
of Title 18, United States Code, Section 371. Defendant, by entering this plea, agrees that he is
waiving his right to grand jury indictment, and he is waiving any right to have the facts that the
law makes essential to the punishment either charged in the Information, proved to a jury, or
proven beyond a reasonable doubt.

Punishment Range

2. The statutory maximum sentence that the Court can impose for a violation of Title
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 2 of 17

18, United States Code, Section 371, is not more than 5 years of imprisonment and a fine of
$250,000, or twice the gross gain or loss, whichever is greater. In addition, Defendant may receive
a term of supervised release after imprisonment of up to three years. 18 U.S.C. §§ 3559(a)(4) and
3583(b)(2). Defendant acknowledges and understands that if he should violate the conditions of
any period of supervised release that may be imposed as part of his sentence, then Defendant may
be imprisoned for up to two years, without credit for time already served on the term of supervised
release prior to such violation. 18 U.S.C. §§ 3559(a)(4) and 3583(e)(3). Defendant understands
that he cannot have the imposition or execution of the sentence suspended, nor is he eligible for
parole.
Mandatory Special Assessment

3. Pursuant to Title 18, United States Code, Section 3013(a)(2)(A), immediately after
sentencing, Defendant will pay to the Clerk of the United States District Court a special assessment
in the amount of one hundred dollars ($100.00) per count of conviction. The payment will be by
cashier’s check or money order, payable to the Clerk of the United States District Court, c/o
District Clerk’s Office, P.O. Box 61010, Houston, Texas 77208, Attention: Finance.

Immigration Consequences

4. Defendant recognizes that pleading guilty may have consequences with respect to
his immigration status if he is not a citizen of the United States. Defendant understands that if he
is not a citizen of the United States, by pleading guilty he may be removed from the United States,
denied citizenship, and denied admission to the United States in the future. Defendant’s attorney

has advised Defendant of the potential immigration consequences resulting from Defendant’s plea

of guilty.
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 3 of 17

Waiver of Appeal and Collateral Review

5. Defendant is aware that Title 28, United States Code, Section 1291, and Title 18,
United States Code, Section 3742, afford a defendant the right to appeal the conviction and
sentence imposed. Defendant is also aware that Title 28, United States Code, Section 2255, affords
the right to contest or “collaterally attack” a conviction or sentence after the judgment of conviction
and sentence has become final. Defendant knowingly and voluntarily waives the right to appeal
or “collaterally attack” the conviction and sentence, except that Defendant does not waive the right
to raise a claim of ineffective assistance of counsel on direct appeal, if otherwise permitted, or on
collateral review in a motion under Title 28, United States Code, Section 2255. In the event
Defendant files a notice of appeal following the imposition of the sentence or later collaterally
attacks his conviction or sentence, the United States will assert its rights under this agreement and
seek specific performance of these waivers.

6. Defendant waives all defenses based on venue, speedy trial under the Constitution
and Speedy Trial Act, and the statute of limitations, in the event that (a) Defendant’s conviction is
later vacated for any reason, (b) Defendant violates any provision of this Agreement, or (c)
Defendant’s plea is later withdrawn.

7. In agreeing to these waivers, Defendant is aware that a sentence has not yet been
determined by the Court. Defendant is also aware that any estimate of the possible sentencing
range under the Sentencing Guidelines that he may have received from his counsel, the United
States or the Probation Office, is a prediction and not a promise, did not induce his guilty plea, and
is not binding on the United States, the Probation Office, or the Court. The United States does not

make any promise or representation concerning what sentence Defendant will receive. Defendant
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 4 of 17

further understands and agrees that the United States Sentencing Guidelines are “effectively
advisory” to the Court. See United States v. Booker, 543 U.S. 220 (2005). Accordingly, Defendant
understands that, although the Court must consult the Sentencing Guidelines and must take them
into account when sentencing Defendant, the Court is not bound to follow the Sentencing
Guidelines nor sentence Defendant within the calculated Guidelines range.

8. Defendant understands and agrees that each and all waivers contained in the
Agreement are made in exchange for the concessions made by the United States in this plea
agreement.

The United States’ Agreements

9. The United States agrees to each of the following:

i. At the time of sentencing, the United States agrees not to oppose
Defendant’s anticipated request to the Court and the United States
Probation Office that he receive a two-level downward adjustment
pursuant to section 3E1.1(a) of the United States Sentencing Guidelines
should Defendant accept responsibility as contemplated by the
Sentencing Guidelines; and

ii. If Defendant qualifies for an adjustment under section 3E1.1(a) of the
United States Sentencing Guidelines, and the offense level prior to
operation of Section 3E1.1(a) is 16 or greater, the United States will move
under Section 3E1.1(b) for an additional one-level reduction because
Defendant timely notified authorities of his intent to plead guilty, thereby
permitting the United States to avoid preparing for trial and permitting the
United States and the Court to allocate their resources more efficiently.

Agreement Binding - Southern District of Texas and Fraud Section Only
10. The United States Attorney’s Office for the Southern District of Texas and the

Fraud Section agree that they will not further criminally prosecute Defendant for offenses arising

from conduct charged in the Information. This plea agreement binds only the United States
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 5 of 17

Attorney’s Office for the Southern District of Texas, the Fraud Section, and the Defendant. It does
not bind any other United States Attorney’s Office or any other unit of the Department of
Justice. The United States Attorney’s Office for the Southern District of Texas and the Fraud
Section will bring this plea agreement and the full extent of Defendant’s cooperation to the
attention of other prosecuting offices, if requested.
United States’ Non-Waiver of Appeal
11. The United States reserves the right to carry out its responsibilities under
Guidelines sentencing. Specifically, the United States reserves the right:
i. to bring its version of the facts of this case, including its evidence file and
any investigative files, to the attention of the Probation Office in
connection with that office’s preparation of a presentence report;

ii. to set forth or dispute sentencing factors or facts material to sentencing;

iii. to seek resolution of such factors or facts in conference with Defendant’s
counsel and the Probation Office;

iv. to file a pleading relating to these issues, in accordance with Section
6A1.2 of the United States Sentencing Guidelines and Title 18, United
States Code, Section 3553(a); and
v. to appeal the sentence imposed or the manner in which it was determined.
Sentence Determination

12. Defendant is aware that the sentence will be imposed after consideration of the
2021 United States Sentencing Guidelines and Policy Statements, which are advisory, and the
factors listed in Title 18, United States Code, Section 3553(a). Defendant nonetheless
acknowledges and agrees that the Court has authority to impose any sentence up to and including

the statutory maximum set for the offense to which Defendant pleads guilty, and that the sentence

to be imposed is within the sole discretion of the sentencing judge after the Court has consulted

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Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 6 of 17

the applicable Sentencing Guidelines. Defendant understands and agrees that the parties’ positions
regarding the application of the Sentencing Guidelines do not bind the Court and that the sentence
imposed is within the discretion of the sentencing judge. If the Court should impose any sentence
up to the maximum established by statute, or should the Court order any or all of the sentences
imposed to run consecutively, Defendant cannot, for that reason alone, withdraw a guilty plea and
will remain bound to fulfill all of the obligations under this plea agreement.

13. Pursuant to Rule 1 1(c)(1)(B) the parties agree that they jointly will recommend that
the Court make the following findings and conclusions as to the Sentencing Guidelines calculation
and applicable fine, and that the applicable burden of proof for each finding of fact and law has
been satisfied. Defendant understands that this recommendation is not binding on the Court, and
if the Court refuses to follow the recommendations set forth in this paragraph, Defendant will not
be permitted to withdraw his guilty plea.

Offense Level. The total offense level is 16, calculated as follows:

Base Offense Level: 7 U.S.S.G. § 2B1.1(a)(1)
Loss is More Than $250,000 +12 US.S.G. § 2B1.1(6)(1)(G))
But Less Than $550,000

Total (without acceptance adjustment) 19 U.S.S.G. § 2S1.1(a)(1)
Acceptance of Responsibility -3 US.S.G. § 3E1.1

Final Offense Level 16

14. | Defendant understands that the Government’s agreement to recommend an
acceptance of responsibility reduction is contingent upon his continuing manifestation of

acceptance of responsibility, and should Defendant deny his involvement or give conflicting
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 7 of 17

statements concerning his involvement, the Government shall not be bound to recommend any
reduction in offense level for acceptance of responsibility.

15. The parties agree that they will not seek any other enhancements or reductions to
the offense level under the Sentencing Guidelines. This paragraph does not prohibit Defendant
from arguing that consideration of the factors listed in Title 18, Section 3553(a) warrants a sentence
outside the applicable Guidelines range.

Rights at Trial

16. | Defendant understands that by entering into this agreement, he surrenders certain
rights as provided in this plea agreement. Defendant understands that the rights of a defendant
include the following:

i. Defendant has a right to have the United States Attorney present the
charges in the Information to a grand jury consisting of not less than
sixteen (16) nor more than twenty-three (23) impartial citizens, who
would hear the facts of the case as presented by the United States Attorney
and witnesses, and then return an indictment against the defendant only if
twelve (12) or more members of the grand jury found that there was
probable cause to believe Defendant committed the crime charged in the
Information.

ii. If Defendant persisted in a plea of not guilty to the charges, Defendant
would have the right to a speedy jury trial with the assistance of counsel.
The trial may be conducted by a judge sitting without a jury if Defendant,
the United States, and the court all agree.

iii. At a trial, the United States would be required to present witnesses and
other evidence against Defendant. Defendant would have the opportunity
to confront those witnesses, and his attorney would be allowed to cross-
examine them. In turn, Defendant could, but would not be required to,
present witnesses and other evidence on his own behalf. If the witnesses
for Defendant would not appear voluntarily, he could require their
attendance through the subpoena power of the court; and

iv. At a trial, Defendant could rely on a privilege against self-incrimination
and decline to testify, and no inference of guilt could be drawn from such

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Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD_ Page 8 of 17

refusal to testify. However, if Defendant desired to do so, he could testify
on his own behalf.

Factual Basis for Guilty Plea

17. Defendant is pleading guilty because he is in fact guilty of the charge contained in
Count One of the Criminal Information. If this case were to proceed to trial, the United States
could prove each element of the offense beyond a reasonable doubt. The facts set forth below,
among others, would be offered to establish Defendant’s guilt. This Factual Basis does not identify
all of the persons who may have been involved in illegal activity or facts known to Defendant
concerning the illegal activity in which he and others may have engaged.

At all times relevant to the Information:

Defendant was a resident of Houston, Texas, and was the manager of Flash Trucking,
LLC, (“FLASH”) a Texas limited liability corporation.

Amir Ageel (“Agqeel”) was a resident of Houston, Texas.

The Paycheck Protection Program

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law
enacted in or around March 2020 and designed to provide emergency financial assistance to the
millions: of Americans who were suffering the economic effects caused by the COVID-19
pandemic. One source of relief provided by the CARES Act was the authorization of forgivable
loans to small businesses for job retention and certain other expenses, through a program referred
to as the Paycheck Protection Program (“PPP”).

In order to obtain a PPP loan, a qualifying business submitted a PPP loan application, which
was signed by an authorized representative of the business. The PPP loan application required the

business (through its authorized representative) to acknowledge the program rules and make

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Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 9 of 17

certain affirmative certifications in order to be eligible to obtain the PPP loan. In the PPP loan
application (Small Business Administration (“SBA”) Form 2483), the small business (through its
authorized representative) was required to provide, 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. In addition, businesses
applying for a PPP loan were required to provide documentation confirming their payroll expenses.

A PPP loan application was processed by a participating lender. If a PPP loan application
was approved, the participating lender funded the PPP loan using its own monies. While it was
the participating lender that issued the PPP loan, the loan was 100% guaranteed by the 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 by the business on certain permissible
expenses—payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the interest
and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds on
these expense items within a designated period of time and used a defined portion of the PPP loan
proceeds on payroll expenses.

The Fraudulent Scheme

Beginning in or around April 2020, and continuing until in or around October 2020,

Defendant, Aqeel, and others, agreed to and did, with intent to defraud, devise, participate in,

execute, and attempt to execute a scheme and artifice to defraud the SBA and certain SBA-
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 10 of 17

approved PPP lenders to obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises.

Defendant, Aqeel, and others submitted, and caused to be submitted, false and fraudulent
PPP loan applications in the name of certain entities to various SBA-approved PPP lenders and
companies. These applications contained false and fraudulent representations as to the number of
employees and the average monthly payroll.

As part of the scheme, on or about June 29, 2020, Ageel applied for a PPP loan on behalf
of FLASH knowing that certain representations made in the PPP loan application—including the
number of employees and average monthly payroll—were false and fraudulent. The false and
fraudulent PPP loan application on behalf of FLASH was submitted via the use of interstate wires
to a participating SBA approved lender that authorized a PPP loan in the amount of approximately
$474,993.

As part of the scheme, Defendant, Aqeel, and others agreed to and did launder PPP loan
funds that were obtained via the fraudulent PPP loan application by writing checks payable to
people posing as employees of FLASH, but who were not in fact employees, and cashing those
checks at a check cashing store controlled by other members of the conspiracy.

Defendant and others wrote these fake payroll checks to make the loan appear forgivable
under the terms of the program and to make FLASH’s employee count appear consistent with the
false representations in the fraudulent PPP loan application.

In total, Defendant provided approximately 195 fake payroll checks totaling approximately
$241,497.65. Defendant paid a kickback to Aqeel of approximately $182,849.22.

In total, Defendant profited approximately $292,133.93 from the fraudulent scheme.

10
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 11 of 17

Throughout the course of the criminal conduct described in this factual basis, Defendant
acted knowingly and willfully with the intent to defraud. For the purpose of effecting the
conspiracy and its unlawful objects and executing the scheme, Defendant and others transmitted
and caused to be transmitted electronic communications or “wires” in interstate commerce.

Breach of Plea Agreement

18. IfDefendant should fail in any way to fulfill completely all of the obligations under
this plea agreement, the United States will be released from its obligations under the plea
agreement, and Defendant’s plea and sentence will stand. If at any time Defendant fails to enter
or attempts to withdraw his guilty plea; challenges the knowing or voluntary nature of the plea;
retains, conceals, or disposes of assets in violation of this plea agreement; or knowingly withholds
evidence or is otherwise not completely truthful with the United States, then the United States may
move the Court to set aside the guilty plea and reinstate prosecution. Any information and
documents that have been disclosed by Defendant, including any statements made by Defendant,
including, but not limited to, the factual basis for his guilty plea, whether prior to or subsequent to
this plea agreement, and all leads derived therefrom, can and will be used against Defendant in
any criminal or civil proceeding.

19. If Defendant is prosecuted after failing to comply with any promises made pursuant
to the plea agreement, then Defendant: (a) agrees that any statements Defendant made to any law
enforcement or other government agency or in Court, whether or not made pursuant to the
cooperation provisions of the plea agreement, may be used in any way; (b) waives any and all
claims under the United States Constitution, Rule 11(f) of the Federal Rules of Criminal

Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal statute or rule, to

11
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 12 of 17

suppress or restrict the use of my statements, or any leads derived from those statements; and (c)
waives any defense to any prosecution that is time barred by the statute of limitations, if that
limitations period has run between the date of this plea agreement and the date Defendant is
indicted.

Restitution, Forfeiture, and Fines - Generally

20. This Plea Agreement is being entered into by the United States on the basis of
Defendant’s express representation that he will make a full and complete disclosure of all assets
over which he exercises direct or indirect control, or in which he has any financial interest.
Defendant agrees not to dispose of any assets or take any action that would effect a transfer of
property in which he has an interest, unless Defendant obtains the prior written permission of the
United States.

21. Defendant agrees to make complete financial disclosure by truthfully executing a
sworn financial statement (Form OBD-500 or similar form) within 14 days of signing this plea
agreement. Defendant agrees to authorize the release of all financial information requested by the
United States, including, but not limited to, executing authorization forms permitting the United
States to obtain tax information, bank account records, credit histories, and social security
information. Defendant agrees to discuss and answer any questions by the United States relating
to Defendant’s complete financial disclosure. |

22. Defendant agrees to take all steps necessary to pass clear title to forfeitable assets
to the United States and to assist fully in the collection of restitution and fines, including, but not
limited to, surrendering title, executing a warranty deed, signing a consent decree, stipulating to

facts regarding the transfer of title and the basis of forfeiture, and signing any other documents

12
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 13 of 17

necessary to effectuate such transfer. Defendant also agrees to direct any banks which have
custody of his assets to deliver all funds and records of such assets to the United States.

23. Defendant understands that forfeiture, restitution, and fines are separate
components of sentencing and are separate obligations.

Restitution

24. Defendant agrees to pay full restitution to the victim(s) regardless of the count(s) of
conviction. Defendant stipulates and agrees that as a result of his criminal conduct, the victim(s)
incurred a monetary loss of at least $474,993. Defendant understands and agrees that the Court
will determine the amount of restitution to fully compensate the victim(s). Defendant agrees that
restitution imposed by the Court will be due and payable immediately and that Defendant will not
attempt to avoid or delay payment. Subject to the provisions of paragraph 5 above, Defendant
waives the right to challenge in any manner, including by direct appeal or in a collateral
proceeding, the restitution order imposed by the Court.

Forfeiture

25. Defendant stipulates and agrees that he asserts no interest in the property listed in
the Information’s Notice of Forfeiture.

26. Defendant stipulates and agrees that Defendant obtained at least $292,133.93 from
the criminal offenses and that the factual basis for his guilty plea supports the forfeiture of at least
$292,133.93. Defendant agrees to the imposition of a personal money judgment in that amount.
Defendant stipulates and admits that one or more of the conditions set forth in Title 21, United
States Code, section 853(p), exists. Defendant agrees to forfeit any of Defendant’s property in

substitution, up to a total forfeiture of $292,133.93.

13
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 14 of 17

27. Defendant agrees to waive any and all interest in any asset which is the subject of
a related administrative or judicial forfeiture proceeding, whether criminal or civil, federal or state.
Upon forfeiture, those funds will be credited against the money judgment amount.

28. Defendant consents to the order of forfeiture becoming final as to Defendant
immediately following this guilty plea, pursuant to Federal Rule of Criminal Procedure
32.2(b)(4)(A).

29. Subject to the provisions of paragraph 5 above, Defendant waives the right to
chalienge the forfeiture of property in any manner, including by direct appeal or in a collateral
proceeding.

Fines

30. Defendant understands that under the Sentencing Guidelines the Court is permitted
to order Defendant to pay a fine that is sufficient to reimburse the government for the costs of
imprisonment or term of supervised release, if any. Defendant agrees that any fine imposed by the
Court will be due and payable immediately, and Defendant will not attempt to avoid or delay
payment. Subject to the provisions of paragraph 5 above, Defendant waives the right to challenge
the fine in any manner, including by direct appeal or in a collateral proceeding.

Complete Agreement

31. This written plea agreement, consisting of 17 pages, including the attached
addendum of Defendant and his attorney, constitutes the complete plea agreement between the
United States, Defendant, and Defendant’s counsel. No promises or representations have been
made by the United States except as set forth in writing in this plea agreement. Defendant

acknowledges that no threats have been made against him and that he is pleading guilty freely and

14
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 15 of 17

voluntarily because he is guilty.

32. Any modification of this plea agreement must be in writing and signed by all
parties.

Filed at Houston, Texas, on Cetobur Z , 2023.

Mshant Patel =
Defendant

Subscribed and sworn to before me on Vetobser Z> ., 2023.

DAVID J. BRADLEY, Clerk
UNITED STATES DISTRICT CLERK

By: .
Deputy United States District Clerk

15
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 16 of 17

By:

APPROVED:

Alamdar S. Hamdani
United States Attorney
Southern District of Texas

Rodolfo Ragfiez
Assistant Uhited States Attorney

Southern District of Texas
RRamirez3@usa.doj.gov
(713) 314-6024

Robert Valles Jr.

Attorney for Defendant

3700 N. Main

Houston, Texas 77009
vallesandassociates@gmail.com
(281) 971-6200

16

Glenn S. Leon

Chief, Fraud Section
Criminal Division

U.S. Department of Justice

Della Sentifles \

Louis Manzo

Trial Attorneys

Criminal Division, Fraud Section
Della.Sentilles@usdoj.gov

(202) 445-8793 (Sentilles)
Case 4:20-cr-00583 Document 600 Filed on 10/02/23 in TXSD Page 17 of 17

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION
UNITED STATES OF AMERICA )
Vv. CRIMINAL NO.
NISHANT PATEL,
Defendant.

PLEA AGREEMENT - ADDENDUM
I have fully explained to Defendant his rights with respect to the pending Information. I have
reviewed the provisions of the United States Sentencing Commission’s Guidelines Manual and Policy
Statements, and I have fully and carefully explained to Defendant the provisions of those Guidelines
which may apply in this case. I have also explained to Defendant that the Sentencing Guidelines are
only advisory and the Court may sentence Defendant up to the maximum allowed by statute per count
of conviction. Further, I have carefully reviewed every part of this plea agreement with Defendant.

To my knowledge, , Deferfant’ s decision to enter into this agreement is an informed and voluntary one.

“Robert Valles Jr. Date
Attorney for Defendant

I consulted with my attorney and fully understand all my rights with respect to the charges
pending against me. My attorney has fully explained, and I understand, all my rights with respect to
the provisions of the United States Sentencing Commission’s Guidelines Manual, which may apply in
my case. I have read and carefully reviewed every part of this plea agreement with my attorney. I

understand this agreement and I voluntarily agree to its terms.

Ja whe Vitel lo: 2-23
Nishant Patel ' 4 Date
Defendant

17


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