Plea Agreement — No. 6:22-cr-10061 (Dkt. 30, D. Kan.)

Summary

A plea agreement filed July 17, 2023 as Document 30 in United States v. Timothy Dale Warren, Case No. 22-CR-10061-JWB, in the U.S. District Court for the District of Kansas. Warren agrees to plead guilty to Count Five of the Indictment, money laundering under 18 U.S.C. § 1957, which carries a maximum of 10 years of imprisonment, a $250,000 fine, 3 years of supervised release, restitution of $145,877.70 and a $100.00 special assessment. The factual basis states that he owned a chiropractic business in Wichita, Kansas that obtained two Paycheck Protection Program loans between May 11, 2020 and April 26, 2021 through misrepresentations to FDIC insured institutions.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Plea Agreement — No. 6:22-cr-10061 (Dkt. 30, D. Kan.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-no-6-22-cr-10061-dkt-30-d-kan-28d9dfa027/, SHA-256 382496b9c31d3710e399f3b32ef97ff0f424be5702cb2df78bad75e1aa9efdaa.

Full text

Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 1 of 9

FILED
U.S. District_ Court
District of Kansas

JUL 17 2023
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS Clerk, U.j}3strict Court
By ::J1Zo:w Deputy Clerk
UNITED STATES OF AMERICA

Plaintiff,

v. Case No. 22-CR-10061-JWB

TIMOTHY DALE WARREN

Defendant.

PLEA AGREEMENT

The United States of America, by and through Assistant United States Attorney Aaron L.

Smith, and Timothy Warren, the defendant, personally and by and through his counsel, Mark

Schoenhofer, hereby enter into the following Plea Agreement pursuant to Rule 11 of the Federal

Rules of Criminal Procedure:

I. Defendant's Guilty Plea. The defendant agrees to plead guilty to Count Five of

the Indictment charging a violation of 18 U.S.C. § 1957, that is, Money Laundering. By entering

into this Plea Agreement, the defendant admits to knowingly committing the offense, and to being

guilty of the offense. The defendant understands that the maximum sentence which may be

imposed as to Count Five of the Indictment to which he has agreed to plead guilty is not more than

10 years of imprisonment, up to a $250,000 fine, up to 3 years of supervised release, restitution in

the amount of $145,877.70 and a $100.00 mandatory special assessment.

2. Factual Basis for the Guilty Plea. The pmiies agree the facts constituting the

offense to which the defendant is pleading guilty are as follows:

The Chiropractic Care Center ("CCC") was originally founded in May of 1995 by the
defendant. In approximately October 2016 CCC was renamed to Titan Medical Center
("TMC.") TMC and CCC are the same business. TMC offers chiropractic services and

Ver. 22-01
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 2 of 9

school sports physicals among other services in Wichita, KS. Timothy Dale Warren
(defendant) was the sole owner of TMC.

From on and between May 11, 2020 and April 26, 2021 the defendant obtained two loans
from the Small Business Administration (SBA) under the Paycheck Protection Program
(PPP) of the CARES Act. In order to obtain the loans the defendant made a series of
material misrepresentations to the FDIC insured financial institutions, including making
false statements and providing false documents. The financial institutions were
influenced by the false representations and issued the loans to the defendant, and based
on further misrepresentations, the SBA provided the financial institutions I 00% loan
forgiveness, thus causing a loss to the SBA.

On or about August 3, 2020, during the scheme to defraud, the defendant conducted a
financial transaction in the amount or $35,500.00 with criminally derived funds drawn
from the financial institutions based on the scheme to defraud. These funds were
proceeds of a first draw PPP loan that were conve1ted to a cashier's check. The funds
were then transferred to a CCC business bank account at another financial institution. The
defendant acknowledges $145,877.70 was the total loss to the SBA caused by his scheme
to defraud.

3. Application of the Sentencing Guidelines. The parties understand that the Comt

will apply the United States Sentencing Guidelines (Guidelines) to calculate the applicable

sentence and may impose a sentence consistent with the Guidelines. The defendant agrees to

waive all constitutional challenges to the validity of the Guidelines. The defendant understands

and acknowledges that the Comt will find, by a preponderance of the evidence, the facts used to

determine the offense level, and in making its findings, that the Comt may consider any reliable

evidence, including hearsay. Nothing in this section prevents the patties from filing objections to

the Presentence Repmt prepared by the United States Probation Office, or from arguing the

application of specific sections of the Guidelines. The parties agree that the Comt will determine

the final Guideline range. The parties understand this Plea Agreement binds the patties only and

does not bind the Comt.

4. Relevant Conduct. The patties have agreed to the application of the Guidelines.

Therefore, the defendant agrees that the conduct charged in any dismissed counts, as well as all

other uncharged related criminal activity, will be considered as relevant conduct for purposes of

2
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 3 of 9

calculating the offense level for the count(s) of conviction, in accordance with United States

Sentencing Guidelines (U.S.S.G.) § lB 1.3.

5. Government's Agreements. In return for the defendant's plea of guilty as set fmih

herein, the United States Attorney for the District of Kansas agrees:

(a) to dismiss the remaining counts of the Indictment at the time of sentencing;

(b) to not file any additional charges against the defendant arising out of the facts
forming the basis for the present Indictment;

(c) to jointly recommend with the defendant to a downward departure and/or a
variance, in which case, the parties agree to recommend a sentence of 4 years'
probation; and

(d) to recommend the defendant receive a two (2) level reduction in the applicable
offense level under U.S.S.G. § 3El.1 for acceptance of responsibility. In addition,
if his offense level is 16 or greater, prior to any reduction for acceptance of
responsibility, and the Court finds he qualifies for a two-level reduction, the United
States will move at the time of sentencing for an additional one-level reduction for
acceptance of responsibility because he timely notified the government of his
intention to enter a plea of guilty.

The United States' obligations under this Paragraph are contingent upon the defendant's

continuing to manifest an acceptance ofresponsibility. If the defendant denies or gives conflicting

statements as to his involvement, falsely denies or frivolously contests relevant conduct the Court

determines to be true, willfully obstructs or impedes the administration of justice, as defined by

U.S.S.G. § 3Cl.l (or willfully attempts to do so), or has engaged in additional criminal conduct,

the United States reserves the right to petition the Court for a hearing to determine if he has

breached this Plea Agreement.

If the Court finds by a preponderance of the evidence that the defendant (1) has breached

or violated this Plea Agreement; (2) has willfully obstructed or impeded the administration of

justice, as defined by U.S.S.G. § 3Cl.1 (or willfully attempted to do so); (3) has engaged in

additional criminal conduct; or (4) has otherwise failed to adhere to this Plea Agreement's terms,

3
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 4 of 9

the United States shall not be bound by this Paragraph, and may pursue any additional charges

arising from the criminal activity under investigation, as well as any charges for any perjury, false

statement, or obstruction of justice that may have occurred.

If the Court finds the defendant has violated this Plea Agreement, he understands and

agrees that all statements he made, any testimony he gave before a grand jury or any tribunal, or

any leads from such statements or testimony, shall be admissible against him in any and all

criminal proceedings. The defendant waives any rights which might be asserted under the United

States Constitution, any statute, Federal Rule of Criminal Procedure l l(f), Federal Rule of

Evidence 410, or any other federal rule that pe11ains to the admissibility of any statements he made

subsequent to this Plea Agreement.

6. Sentence to be Determined by the Court. The defendant understands that the

sentence to be imposed will be determined solely by the United States District Judge. The United

States cannot and has not made any promise or representation as to what sentence he will receive.

7. Identification of Assets and Agreement Concerning Monetary Penalties

(Restitution, Fines, Assessments) and Forfeiture. The defendant agrees to cooperate fully with

the United States Attorney's Office and specifically agrees as follows:

(a) Defendant agrees to execute a financial statement provided by the United States
Attorney's Office and to update the statement with any material changes within 30
days of any such change. Defendant further agrees to provide all supporting
documentation, including, but not limited, to copies of federal tax returns. The
defendant agrees to disclose all assets in which defendant has any interest or which
defendant exercises control, directly or indirectly, including those held by a spouse,
nominee, or other third party, as well as any transfer of assets that has taken place
within six years preceding the entry of the judgment in this criminal case.
Additionally, the defendant agrees to periodically execute an updated financial
statement at the request of the United States Attorney's Office until such time the
judgment debt is paid in full.

(b) Defendant agrees to authorize the release of all financial information requested by
the United States, including, but not limited to, executing authorization forms for
the United States to obtain tax information, bank account records, credit history,

4
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 5 of 9

and social security information. Defendant agrees the United States Attorney's
Office may subpoena any records it deems relevant to conduct a full financial
investigation. Defendant agrees to discuss or answer any questions by the United
States relating to its financial investigation.

(c) Defendant agrees to submit to an examination prior to and/or after sentencing,
which may be taken under oath, and/or may include a polygraph examination.

(d) Defendant agrees that any waivers, consents, or releases executed for the United
States Probation Office for purposes of preparation of the Presentence Rep01t may
be provided to the United States Attorney's Office. All information defendant
provided to the United States Probation Office or independently obtained by the
United States Probation Office may be provided to the United States Attorney's
Office.

(e) Defendant agrees not to encumber, transfer, or dispose of any monies, property, or
assets under defendant's custody or control, without written approval from the
United States Attorney's Office.

(f) Defendant agrees that whatever monetary penalties the Court imposes (including
any fine, restitution, assessment, or forfeiture judgment), will be due and payable
immediately and subject to immediate enforcement by the United States. Should
the Court impose a schedule of payments, he agrees that the schedule of payments
is a minimum schedule of payments and not the only method, nor a limitation on
the methods, available to the United States to enforce the judgment. If defendant
is incarcerated, defendant agrees to participate in the Bureau of Prisons' Inmate
Financial Responsibility Program, regardless of whether the Comt specifically
directs participation or imposes a schedule of payments.

(g) If defendant posted funds as security for defendant's appearance in this case,
defendant authorizes the Court to release the funds to the Clerk of the United States
District Comt to be applied to the criminal monetary impositions at the time of
sentencing.

(h) Defendant waives any requirement for demand of payment on any restitution, fine,
assessment, or forfeiture judgment entered by this Comt.

(i) Defendant agrees to notify the United States Attorney's Office within 30 days of
any change of address or other contact information until the judgment debt is paid
in full.

(i) Defendant agrees the terms of this agreement shall be incorporated into the
Judgment in a Criminal Case.

(k) Defendant waives the administrative requirements of the Treasury Offset Program,
including the requirement of default, and agrees to be immediately included in the

5
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 6 of 9

Treasury Offset Program allowing federal benefits and payments to be offset and
applied to the balance of criminal monetary penalties.

(I) Defendant agrees that noncompliance with any of the terms set fo1th in this
paragraph will result in a continuance of the sentencing hearing.

8. Restitution. The defendant knowingly and voluntarily agrees and consents:

(a) The defendant agrees to pay restitution to the Small Business Administration in the
amount of $145,877.70, pursuant to 18 U.S.C. § 3663(a)(3).

(b) The defendant agrees that the total amount of restitution reflected in this Plea
Agreement results from the defendant's fraudulent conduct.

(d) The defendant agrees that restitution is due and payable immediately after the
judgment is entered and is subject to immediate enforcement, in full, by the United
States. If the Comt imposes a schedule of payments, which it may do as a condition
of supervised release, the defendant agrees that the schedule of payments is a
schedule of the minimum payment due, and that the payment schedule does not
prohibit or limit the methods by which the United States may immediately enforce
the judgment in full.

(f) The defendant agrees to send all payments made pursuant to the Court's restitution
order to the Clerk of the Comt at the following address:

Clerk, U.S. District Comt
401 N. Market, Room 204
Wichita, Kansas 67202

9. Withdrawal of Plea Not Permitted. The defendant understands that if the Court

accepts this Plea Agreement, but imposes a sentence with which he does not agree, he will not be

permitted to withdraw his guilty plea.

10. Payment of Special Assessment. The defendant understands that a mandatory

special assessment of $100.00 per count of conviction will be entered against him at the time of

sentencing. The defendant agrees to deliver to the Clerk of the United States District Comt

payment in the appropriate amount no later than the day of sentencing. The defendant has the

burden of establishing an inability to pay the required special assessment. The parties

acknowledge that if the Comt finds the defendant is without resources to pay the special

6
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 7 of 9

assessment at the time of sentencing, the Court may allow payment during his period of

incarceration.

11. Waiver of Appeal and Collateral Attack. The defendant knowingly and

voluntarily waives any right to appeal or collaterally attack any matter in connection with this

prosecution, his conviction, or the components of the sentence to be imposed herein, including

restitution, the length and conditions of supervised release, as well as any sentence imposed upon

a revocation of supervised release. The defendant is aware that 18 U.S.C. § 3742 affords him the

right to appeal the conviction and sentence imposed. The defendant also waives any right to

challenge his sentence, or the manner in which it was determined, or otherwise attempt to modify

or change his sentence, in any collateral attack, including, but not limited to, a motion brought

under 28 U.S.C. § 2255 (except as limited by United States v. Cockerham, 237 F.3d 1179, 1187

(10th Cir. 2001)), or a motion brought under Federal Rule of Civil Procedure 60(b). In other

words, the defendant waives the right to appeal the sentence imposed in this case, except to the

extent, if any, the Court departs or varies upwards from the sentencing Guideline range that the

Court determines to be applicable. However, if the United States exercises its right to appeal the

sentence imposed, as authorized by 18 U.S.C. § 3742(b), the defendant is released from this waiver

and may appeal the sentence received, as authorized by 18 U.S.C. § 3742(a). Notwithstanding the

forgoing waivers, the parties understand that the defendant in no way waives any subsequent

claims with regards to ineffective assistance of counsel or prosecutorial misconduct.

12. FOIA and Privacy Act Waiver. The defendant waives all rights, whether asserted

directly or by a representative, to request or receive from any depaiiment or agency of the United

States any records pe1iaining to the investigation or prosecution of this case, including, without

limitation, any records that may be sought under the Freedom oflnformation Act, 5 U.S.C. § 552.

7
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 8 of 9

The defendant further waives any rights conferred under the Privacy Act of 1974, 5 U.S.C. § 552a,

to prevent or object to the disclosure ofrecords or materials pertaining to this case.

13. Waiver of Claim for Attorney's Fees. The defendant waives all claims under the

Hyde Amendment, 18 U.S.C. § 3006A, for attorney's fees and other litigation expenses arising out

of the investigation or prosecution of this matter.

14. Full Disclosure by United States. The defendant understands the United States

will provide to the Court and the United States Probation Office all infonnation it deems relevant

to determining the appropriate sentence in this case. This may include information concerning his

background, character, and conduct, including the entirety of his criminal activities. The defendant

understands these disclosures are not limited to the count to which he is pleading guilty. The

United States may respond to comments he or his attorney makes, or to positions he or his attorney

takes, and to correct any misstatements or inaccuracies. The United States fmiher reserves its right

to make any recommendations it deems appropriate regarding the disposition of this case, subject

only to any limitations set f01ih in this Plea Agreement. The defendant also has the right to provide

information concerning the offense and to make recommendations to the Comi and the United

States Probation Office.

15. Parties to the Agreement. The defendant understands this Plea Agreement binds

only him and the United States Attorney for the District of Kansas, and that it does not bind any

other federal, state, or local prosecution authority.

16. Voluntariness of Guilty Plea. The defendant has had sufficient time to discuss

this case, the evidence, and this Plea Agreement with his attorney and he is fully satisfied with the

advice and representation his attorney provided. Further, the defendant acknowledges that he has

read the Plea Agreement, understands it, and agrees it is true and accurate and not the result of any

threats, duress or coercion. The defendant fmiher understands that this Plea Agreement supersedes

8
Case 6:22-cr-10061-JWB Document 30 Filed 07/17/23 Page 9 of 9

any and all other agreements or negotiations between the patties, and unless subsequently

supplemented in writing with the joint approval of the parties, this Plea Agreement embodies each

and every term of the agreement between the parties. The defendant acknowledges that he is

entering into this Plea Agreement and is pleading guilty because he is guilty. He further

acknowledges that he is entering his guilty plea freely, voluntarily, and knowingly.

b i:1/4
AARON L. SMITH
Assistant United States Attorney
Date:_~-l!-i_fao_Z3__
Digitally signed by DUSTON
. I SLINKARD
r~ fl- _;:,/,,.k.c Date: 2023.07.1413:53:57
-05•00· Date: __J_u_ly_14_,_2_0_2_3_ _ __
CARRIE CAPWELL
Assistant United States Attorney
Supervisor - Criminal Chief

Date: __'74-£./_._1-"7_._0_~---<-....e~=--::S"'------

Defendant

~4◊FER --
Counsel for Defendant
Date:_z--+-d:_1_7_/_/_Q_2~_)__

File and source

File: 30.pdf
Size: 604,517 bytes
SHA-256: 382496b9c31d3710e399f3b32ef97ff0f424be5702cb2df78bad75e1aa9efdaa
Our copy: 30.pdf
Original: No public link identified.