United States v. Collen Brungard — Plea Agreement, Middle District of Pennsylvania (Document 3)

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Plea Agreement filed June 28, 2023, as Document 3 in No. 4:23-po-00005-WIA, U.S. District Court for the Middle District of Pennsylvania, in a case captioned United States of America v. Collen Brungard, No. 4:23-CR-00178. The defendant agrees to plead guilty to Count One of the Information, charging a violation of Title 18, United States Code, § 701, possessing and making unauthorized identification cards and insignia, a Class B misdemeanor with a maximum of 6 months of imprisonment and a $5,000 fine. The agreement provides for a $10 special assessment and a government recommendation of probation. Its sections cover fines, financial disclosure, Guidelines, breach and remedies, and a deadline of 5:00 p.m., June 12, 2023, for acceptance. The agreement runs 23 pages.

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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 1 of 23

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA : No. 4:23-CR-00178

Vv.

COLLEN BRUNGARD, : (electronically filed)
Defendant

PLEA AGREEMENT
The following Plea Agreement is entered by the United States
Attorney for the Middle District of Pennsylvania and the above-
captioned defendant. Any reference to the United States or to the
Government in this Agreement shall mean the Office of the United
States Attorney for the Middle District of Pennsylvania.

A. Violation(s), Penalties, and Dismissal of Other Counts

1. Guilty plea. The defendant agrees to plead guilty to Count One

of the Information, which charges the defendant with a violation
of Title 18, United States Code, § 701, possessing and making
unauthorized identification cards and insignia, a Class B
misdemeanor. The maximum penalty for that offense is
imprisonment for a period of 6 months, a fine of $5,000, a

maximum term of supervised release of one year, which shall be
Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 2 of 23

served at the conclusion of, and in addition to, any term of
imprisonment, as well as the costs of prosecution,
imprisonment, probation, or supervised release ordered, denial
of certain federal benefits, and an assessment in the amount of
$10. At the time the guilty plea is entered, the defendant shall
admit to the Court that the defendant is, in fact, guilty of the
offense(s) charged in that count. After sentencing, the United
States will move for dismissal of any remaining counts of the
Indictment. The defendant agrees, however, that the United
States may, at its sole election, reinstate any dismissed charges,
or seek additional charges, in the event that any guilty plea
entered or sentence imposed pursuant to this Agreement is
subsequently vacated, set aside, or invalidated by any court.
The defendant further agrees to waive any defenses to
reinstatement of any charges, or to the filing of additional
charges, based upon laches, the assertion of speedy trial rights,
any applicable statute of limitations, or any other ground. The

calculation of time under the Speedy Trial Act for when trial

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must commence is tolled as of the date of the defendant’s
signing of this Agreement, until either (a) the defendant pleads
guilty; or (b) a new date is set by the Court for commencement
of trial.

No Further Prosecution, Except Tax Charges. The United

States Attorney’s Office for the Middle District of Pennsylvania
agrees that it will not bring any other criminal charges against
the defendant directly arising out of the defendant’s
involvement in the offense(s) described above. However,
nothing in this Agreement will limit prosecution for criminal tax

charges, if any, arising out of those offenses.

B. Fines and Assessments

3.

Fine. The defendant understands that the Court may impose a
fine pursuant to the Sentencing Reform Act of 1984. The willful
failure to pay any fine imposed by the Court, in full, may be
considered a breach of this Plea Agreement. Further, the
defendant acknowledges that willful failure to pay the fine may

subject the defendant to additional criminal violations and civil

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penalties pursuant to Title 18, United States Code, § 3611, et
seq.

Alternative Fine. The defendant understands that under the

alternative fine section of Title 18, United States Code, § 3571,
the maximum fine quoted above may be increased if the Court
finds that any person derived pecuniary gain or suffered
pecuniary loss from the offense and that the maximum fine to
be imposed, if the Court elects to proceed in this fashion, could
be twice the amount of the gross gain or twice the amount of the
gross loss resulting from the offense.

Inmate Financial Responsibility Program. If the Court orders a

fine or restitution as part of the defendant’s sentence, and the
sentence includes a term of imprisonment, the defendant agrees
to voluntarily enter the United States Bureau of Prisons-
administered program known as the Inmate Financial
Responsibility Program, through which the Bureau of Prisons
will collect up to 50% of the defendant’s prison salary, and up to

50% of the balance of the defendant's inmate account, and apply
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that amount on the defendant’s behalf to the payment of the
outstanding fine and restitution orders.

Special Assessment. The defendant understands that the Court

will impose a special assessment of $10, pursuant to the
provisions of Title 18, United States Code, § 3013. No later
than the date of sentencing, the defendant or defendant’s
counsel shall mail a check in payment of the special assessment
directly to the Clerk, United States District Court, Middle
District of Pennsylvania. If the defendant intentionally fails to
make this payment, that failure may be treated as a breach of
this Plea Agreement and may result in further prosecution, the
filing of additional criminal charges, or a contempt citation.

Collection of Financial Obligations. In order to facilitate the

collection of financial obligations imposed in connection with
this case, the defendant consents and agrees:
a. to fully disclose all assets in which the defendant has an

interest or over which the defendant has control, directly or
Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 6 of 23

indirectly, including those held by a spouse, nominee, or
other third party;

b. to submit to interviews by the Government regarding the
defendant’s financial status;

c. to submit a complete, accurate, and truthful financial
statement, on the form provided by the Government, to the
United States Attorney’s Office no later than 14 days
following entry of the guilty plea;

d. whether represented by counsel or not, to consent to contact
by and communication with the Government, and to waive
any prohibition against communication with a represented
party by the Government regarding the defendant’s
financial status;

e. to authorize the Government to obtain the defendant’s
credit reports in order to evaluate the defendant’s ability to
satisfy any financial obligations imposed by the Court; and

f. to submit any financial information requested by the

Probation Office as directed, and to the sharing of financial
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information between the Government and the Probation

Office.

C. Sentencing Guidelines Calculation

8.

Determination of Sentencing Guidelines. The defendant and
counsel for both parties agree that the United States Sentencing
Commission Guidelines, which took effect on November 1, 1987,
and its amendments (the “Sentencing Guidelines”), will apply to
the offense or offenses to which the defendant is pleading guilty.
The defendant understands that the Sentencing Guidelines are
advisory and not binding on the Court. The defendant further
agrees that any legal and factual issues relating to the
application of the Sentencing Guidelines to the defendant’s
conduct, including facts to support any specific offense
characteristic or other enhancement or adjustment and the
appropriate sentence within the statutory maximums provided
for by law, will be determined by the Court after briefing, a pre-

sentence hearing, or a sentencing hearing.
Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 8 of 23

9. Acceptance of Responsibility— Two/Three Levels. Ifthe

defendant can adequately demonstrate recognition and
affirmative acceptance of responsibility to the Government as
required by the Sentencing Guidelines, the Government will
recommend that the defendant receive a two- or three-level
reduction in the defendant’s offense level for acceptance of
responsibility. The third level, if applicable, shall be within the
discretion of the Government under U.S.S.G. § 3E1.1. The
failure of the Court to find that the defendant is entitled to a

reduction shall not be a basis to void this Agreement.

D. Sentencing Recommendation

10. Recommendation of Probation. At the time of sentencing, the
United States will recommend that the defendant be placed on
probation, if the defendant qualifies under law, and pay a fine
in an amount to be determined by the Court .

11. Special Conditions of Probation/Supervised Release. If

probation or a term of supervised release is ordered, the United
Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 9 of 23

States may recommend that the Court impose one or more

special conditions, including but not limited to the following:

a. The defendant pay any fine imposed in accordance with a
schedule to be determined by the Court.

b. The defendant be prohibited from incurring new credit
charges or opening additional lines of credit without
approval of the Probation Office unless the defendant is in
compliance with the payment schedule.

c. The defendant be directed to provide the Probation Office
and the United States Attorney access to any requested
financial information.

d. The defendant be ordered to perform community service.

e. The defendant be restricted from working in certain types of
occupations or with certain individuals, if the Government
deems such restrictions to be appropriate.

E. Information Provided to Court and Probation Office

12. Background Information for Probation Office. The defendant

understands that the United States will provide to the United
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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 10 of 23

States Probation Office all information in its possession that the
United States deems relevant regarding the defendant’s
background, character, cooperation, if any, and involvement in
this or other offenses.

Objections to Pre-Sentence Report. The defendant understands

that pursuant to the United States District Court for the Middle
District of Pennsylvania’s “Policy for Guideline Sentencing,”
both the United States and defendant must communicate to the
Probation Officer within 14 days after disclosure of the pre-
sentence report any objections they may have as to material
information, sentencing classifications, applicable Sentencing
Guidelines ranges, and policy statements contained in or
omitted from the report. The defendant agrees to meet with the
United States at least five days prior to sentencing in a good
faith attempt to resolve any substantive differences. If any
issues remain unresolved, they shall be communicated to the
Probation Officer for inclusion in an addendum to the pre-

sentence report. The defendant agrees that unresolved

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substantive objections will be decided by the Court after
briefing, a pre-sentence hearing, or at the sentencing hearing,
where the standard or proof will be a preponderance of the
evidence, and the Federal Rules of Evidence, other than with
respect to privileges, shall not apply under Fed. R. Evid.
1101(d)(3), and the Court may consider any reliable evidence,
including hearsay. Objections by the defendant to the pre-
sentence report or the Court’s rulings, will not be grounds for
withdrawal of a plea of guilty.

Relevant Sentencing Information. At sentencing, the United

States will be permitted to bring to the Court’s attention, and
the Court will be permitted to consider, all relevant information
about the defendant’s background, character and conduct,
including the conduct that is the subject of the charges that the
United States has agreed to dismiss, and the nature and extent
of the defendant’s cooperation, if any. The United States will be

entitled to bring to the Court’s attention and the Court will be

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entitled to consider any failure by the defendant to fulfill any
obligation under this Agreement.

15. Non-Limitation on Government’s Response. Nothing in this

Agreement shall restrict or limit the nature or content of the
United States’ motions or responses to any motions filed on
behalf of the defendant. Nor does this Agreement in any way
restrict the Government in responding to any request by the
Court for briefing, argument or presentation of evidence
regarding the application of Sentencing Guidelines to the
defendant’s conduct, including but not limited to, requests for
information concerning possible sentencing departures.

F. Court Not Bound by Plea Agreement

16. Court Not Bound by Terms. The defendant understands that

the Court is not a party to and is not bound by this Agreement,
or by any recommendations made by the parties. Thus, the
Court is free to impose upon the defendant any sentence up to

the maximum penalties set forth above.

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17. No Withdrawal of Plea Based on Sentence or Recommendations.

If the Court imposes a sentence with which the defendant is
dissatisfied, the defendant will not be permitted to withdraw
any guilty plea for that reason alone, nor will the defendant be
permitted to withdraw any guilty plea should the Court decline
to follow any recommendations by any of the parties to this
Agreement.

G. Breach of Plea Agreement by Defendant

18. Breach of Agreement. In the event the United States believes
the defendant has failed to fulfill any obligation under this
Agreement, then the United States shall, in its discretion, have
the option of petitioning the Court to be relieved of its
obligations under this Agreement. Whether the defendant has
completely fulfilled all of the obligations under this Agreement
shall be determined by the Court in an appropriate proceeding,
during which any disclosures and documents provided by the
defendant shall be admissible, and during which the United

States shall be required to establish any breach by a
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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 14 of 23

preponderance of the evidence. In order to establish any breach
by the defendant, the United States is entitled to rely on
statements and evidence given by the defendant during the
cooperation phase of this Agreement, if any.

Remedies for Breach. The defendant and the United States

agree that in the event the Court concludes that the defendant

has breached the Agreement:

a. The defendant will not be permitted to withdraw any guilty
plea tendered under this Agreement and agrees not to
petition for withdrawal of any guilty plea;

b. The United States will be free to make any
recommendations to the Court regarding sentencing in this
case;

c. Any evidence or statements made by the defendant during
the cooperation phase of this Agreement, if any, will be
admissible at any trials or sentencings;

d. The United States will be free to bring any other charges it

has against the defendant, including any charges originally
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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 15 of 23

brought against the defendant or which may have been
under investigation at the time of the plea. The defendant
waives and hereby agrees not to raise any defense to the
reinstatement of these charges based upon collateral
estoppel, Double Jeopardy, statute of limitations, assertion
of Speedy Trial rights, or other similar grounds.

20. Violation of Law While Plea or Sentence Pending. The

defendant understands that it is a condition of this Agreement
that the defendant refrain from any further violations of state,
local, or federal law while awaiting plea and sentencing. The
defendant acknowledges and agrees that if the Government
receives information that the defendant has committed new
crimes while awaiting plea or sentencing in this case, the
Government may petition the Court and, if the Court finds by a
preponderance of the evidence that the defendant has
committed any other criminal offense while awaiting plea or
sentencing, the Government shall be free at its sole election to

either: (a) withdraw from this Agreement; or (b) make any
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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 16 of 23

sentencing recommendations to the Court that it deems
appropriate. The defendant further understands and agrees
that, if the Court finds that the defendant has committed any
other offense while awaiting plea or sentencing, the defendant
will not be permitted to withdraw any guilty pleas tendered
pursuant to this Agreement, and the government will be
permitted to bring any additional charges that it may have

against the defendant.

H. Licensing, Resignation, and Disbarment

I.

21. Status of Professional License. It is further understood and

agreed that the status of any professional license held by the
defendant is not protected by this Agreement and is a matter
solely within the discretion of the appropriate licensing
authority. The United States may in its discretion provide to
any such licensing authority any documents and information in

its possession.

Appeal Waiver

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22. Appeal Waiver — Direct. The defendant is aware that Title 28,

23.

United States Code, § 1291 affords a defendant the right to
appeal a judgment of conviction and sentence; and that Title 18,
United States Code, § 3742(a) affords a defendant the right to
appeal the sentence imposed. Acknowledging all of this, the
defendant knowingly waives the right to appeal the conviction
and sentence. This waiver includes any and all possible
grounds for appeal, whether constitutional or non-
constitutional, including, but not limited to, the manner in
which that sentence was determined in light of United States v.
Booker, 543 U.S. 220 (2005). The defendant further
acknowledges that this appeal waiver is binding only upon the
defendant and that the United States retains its right to appeal
in this case.

Appeal Waiver Breach. The defendant acknowledges that

pursuing a direct appeal or any collateral attack waived in the
preceding paragraph(s) may constitute a breach of this

Agreement. The Government agrees that the mere filing of a
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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 18 of 23

notice of appeal is not a breach of the Agreement. The
Government may declare a breach only after the defendant or
the defendant’s counsel thereafter states, either orally or in
writing, a determination to proceed with an appeal or collateral
attack raising an issue the Government deems barred by the
waiver. The parties acknowledge that the pursuit of an appeal
or any collateral attack constitutes a breach only if a court
determines that the appeal or collateral attack does not present
an issue that a judge may reasonably conclude is permitted by
an exception to the waiver stated in the preceding paragraph(s)
or constitutes a “miscarriage of justice” as that term is defined
in applicable law.

J. Other Provisions

24. Agreement Not Binding on Other Agencies. Nothing in this

Agreement shall bind any other United States Attorney’s Office,
state prosecutor’s office, or federal, state or local law

enforcement agency.

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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 19 of 23

No Civil Claims or Suits. The defendant agrees not to pursue or

initiate any civil claims or suits against the United States of
America, its agencies or employees, whether or not presently
known to the defendant, arising out of the investigation,
prosecution or cooperation, if any, covered by this Agreement,
including but not limited to any claims for attorney’s fees and
other litigation expenses arising out of the investigation and
prosecution of this matter. By the defendant’s guilty plea in
this matter the defendant further acknowledges that the
Government’s position in this litigation was taken in good faith,

had a substantial basis in law and fact and was not vexatious.

Plea Agreement Serves Ends of Justice. The United States is
entering this Agreement with the defendant because this
disposition of the matter fairly and adequately addresses the
gravity of the offense(s) from which the charge(s) is/are drawn,
as well as the defendant’s role in such offense(s), thereby

serving the ends of justice.

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28.

Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 20 of 23

Merger of All Prior Negotiations. This document states the

complete and only Agreement between the United States
Attorney for the Middle District of Pennsylvania and the
defendant in this case, and is binding only on the parties to this
Agreement and supersedes all prior understandings or plea
offers, whether written or oral. This agreement cannot be
modified other than in writing that is signed by all parties or on
the record in court. No other promises or inducements have
been or will be made to the defendant in connection with this
case, nor have any predictions or threats been made in
connection with this plea. Pursuant to Rule 11 of the Federal
Rules of Criminal Procedure, the defendant certifies that the
defendant’s plea is knowing and voluntary, and is not the result
of force or threats or promises apart from those promises set
forth in this Agreement.

Defendant is Satisfied with Assistance of Counsel. The

Defendant agrees that the defendant has discussed this case

and this Agreement in detail with the defendant’s attorney, who

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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 21 of 23

has advised the defendant of the defendant’s Constitutional and
other trial and appellate rights, the nature of the charges, the
elements of the offenses the United States would have to prove
at trial, the evidence the United States would present at such
trial, possible defenses, the advisory Sentencing Guidelines and
other aspects of sentencing, potential losses of civil rights and
privileges, and other potential consequences of pleading guilty
in this case. The defendant agrees that the defendant is
satisfied with the legal services and advice provided to the
defendant by the defendant’s attorney.

Deadline for Acceptance of Plea Agreement. The original of this

Agreement must be signed by the defendant and defense
counsel and received by the United States Attorney’s Office on
or before 5:00 p.m., June 12, 2023, otherwise the offer may, in

the sole discretion of the Government, be deemed withdrawn.

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30. Required Signatures. None of the terms of this Agreement shall

be binding on the Office of the United States Attorney for the
Middle District of Pennsylvania until signed by the defendant
and defense counsel and then signed by the United States

Attorney or his designee.

ACKNOWLEDGMENTS

I have read this agreement and carefully reviewed every part of it

with my attorney. I fully understand it and I voluntarily agree to it.

Date | | COLLEN BRUNGARD
Defendant

I am the defendant’s counsel. I have~aref lly reviewed every part
of this agreement with the defendant. '’o my khowledge, my client’s
decision to enter into this agreement 16 an infgrmed and voluntary one.

Date | EDWARD J. RYMSZA, ESQ.
Counsel for Defendant

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Case 4:23-po-00005-WIA Document 3 Filed 06/28/23 Page 23 of 23

GERARD M. KARAM
United States Attorney

6/28/23 ()

Date ALISAN V. MARTIN
Assistant United States Attorney

AVM/2022R00024/5-12-23
VERSION DATE: March 8, 2021

23


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