Plea Agreement — United States of America v. Boylett (Dkt. 18)
Summary
Plea Agreement in United States of America v. Jeffrey Boylett, Cause No. 2:21-cr-154, in the Northern District of Indiana, Hammond Division. The defendant agrees to plead guilty to Count 1 of the Indictment, charging a wire fraud scheme to defraud the Small Business Administration, with maximum penalties of 20 Years, a $250,000 fine and 3 years of supervised release, plus a $100 special assessment. The government agrees to move to dismiss Counts 2, 3, and 4 at sentencing, and the defendant agrees to restitution of $109,900 to the Small Business Administration and to a money judgment in that amount. The factual summary describes a scheme from approximately April 2020 to July 2020 involving a business called "Bills" that the agreement says did not exist. It carries /s/ signature lines.
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Cite this document
“Plea Agreement — United States of America v. Boylett (Dkt. 18).”
Original at ecf.innd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-united-states-of-america-v-boylett-dkt-18-d4832d8d99/
, SHA-256 4e40263a25ecb477727671848f417df549dea850174c7c94573a5a79be7e492d.Full text
USDC IN/ND case 2:21-cr-00154-JD-JPK document 18 filed 06/27/22 page 1 of 9
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA )
) CAUSE NO. 2:21-cr-154
v. )
)
) 18 U.S.C. § 1343
JEFFREY BOYLETT )
PLEA AGREEMENT
Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, come
now the United States of America, by its counsel, Clifford D. Johnson, United
States Attorney for the Northern District of Indiana, through Thomas
McGrath, Assistant United States Attorney, and the defendant, Jeffrey
Boylett, and Adam Tavitas, as attorney for the defendant, and show the
Court they have entered into a plea agreement as follows:
1. I, Jeffrey Boylett, have the ability to read, write and speak the
English language.
2. I have received a copy of the indictment. I have read and
discussed it with my lawyer, and believe and feel that I understand every
accusation made against me in this case.
3. I have told my lawyer the facts and surrounding circumstances
as known to me concerning the matters mentioned in the indictment, and
believe and feel that my lawyer is fully informed as to all such matters. My
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lawyer has counseled and advised me as to the nature and elements of every
accusation against me and as to any possible defenses I might have.
4. I understand that I am entitled to have all of my rights which
may be involved in this matter explained to me, and that I have the right to
have any questions I may have answered for me.
5. I understand that by pleading guilty I waive certain rights. The
rights described below have been explained to me, as well as the
consequences of my waiver of these rights:
a. If I persisted in a plea of not guilty to the charges against me, I
would have the right to a public and speedy trial. The trial could
be either a jury trial or a trial by the judge sitting without a jury.
I have the right to a jury trial. However, I may waive a jury trial
in writing with the approval of the Court and the consent of the
government.
b. If the trial is a jury trial, the jury would be composed of twelve
people selected at random. My attorney and I would have a say
in who the jurors would be by removing prospective jurors for
cause where actual bias or other disqualification is shown, or
without cause by exercising so-called peremptory challenges. The
jury would have to agree unanimously before it could return a
verdict of either guilty or not guilty. The jury would be
instructed that a defendant is presumed innocent, and that it
could not convict unless, after hearing all the evidence, it was
persuaded of my guilt beyond a reasonable doubt, and that it was
to consider each count of the indictment separately.
c. If the trial is held by the judge without a jury, the judge would
find the facts and determine, after hearing all the evidence, and
considering each count separately, whether or not the judge was
persuaded of my guilt beyond a reasonable doubt.
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d. At a trial whether by a jury or a judge, the prosecution would be
required to present its witnesses and other evidence against me.
I would be able to confront those government witnesses and my
attorney would be able to cross-examine them. In turn, I could
present witnesses and other evidence on my own behalf. If the
witnesses for me would not appear voluntarily, I could require
their attendance through the subpoena power of the Court.
e. At a trial, I would have a privilege against self-incrimination so
that I could decline to testify, and no inference of guilt could be
drawn from my refusal to testify. If I desired to do so, I could
testify in my own behalf.
f. At trial and at every stage of the proceedings, I have a right to an
attorney, and if I could not afford an attorney, one would be
appointed for me.
g. In the event that I should be found guilty of the charge against
me, I would have the right to appeal my conviction on such
charge to a higher court.
6. I understand that under the U.S. Sentencing Guidelines, the Court,
in light of an investigation by the United States Probation Office, will
determine the applicable sentencing guideline range, and that the Court will
determine all matters, whether factual or legal, relevant to the application of
the U.S. Sentencing Guidelines. I understand that the U.S. Sentencing
Guidelines are advisory only, and that the specific sentence to be imposed
upon me will be determined by the judge after consideration of a pre-sentence
investigation report, input from counsel for me and the government, federal
sentencing statutes, and the U.S. Sentencing Guidelines.
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7. Notwithstanding the above, I have, with the assistance of
counsel, entered into an agreement with the United States Attorney=s Office
as follows:
a. I will plead GUILTY to Count 1 of the Indictment charging me
with participating in a wire fraud scheme to defraud the Small
Business Administration, in violation of Title 18, United States
Code, Section 1343, because I am, in fact, GUILTY of this offense.
b. I understand the maximum possible penalties that may be
imposed upon me for my conviction of the offense of wire fraud
are as follows:
Count Prison Fine Supervised
Release
1 20 Years $250,000 3 years
I further understand that a special assessment of $100 will be
imposed in addition to any other penalty. I also understand that
under a term of supervised release, I would have to live my life
under certain conditions set by the Court and should I violate any
of those conditions, the Court could revoke the supervised release
and sentence me to serve an additional term of imprisonment.
c. The United States Attorney and I have also entered into the
following agreements which are submitted to the Court pursuant
to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure
and are not binding upon the Court; I understand that if the
Court refuses to follow the recommendations set forth below, I
will not be allowed to withdraw my guilty plea:
i. The United States Attorney and I agree that in recognition
of my acceptance of responsibility for my offense conduct, I
am entitled to a two-level reduction in offense level. The
United States Attorney and I further agree that I have
assisted authorities in the investigation or prosecution of
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USDC IN/ND case 2:21-cr-00154-JD-JPK document 18 filed 06/27/22 page 5 of 9
my own misconduct by timely notifying the United States
Attorney’s Office of my intention to plead guilty, thereby
permitting the government to avoid preparing for trial and
permitting the government and the Court to allocate their
resources efficiently, and we agree that if my offense level
is 16 or greater, the government will move at sentencing for
me to receive an additional one-level reduction in offense
level. However, I understand that the government’s
obligation to recommend acceptance of responsibility under
this plea agreement is contingent upon my continuing
manifestation of acceptance of responsibility; should I deny
my involvement, give conflicting statements of my
involvement, or engage in additional criminal conduct
including any personal use of controlled substances, the
government shall not be bound to recommend any
reduction in offense level for acceptance of responsibility. I
further understand the Court is not bound by this
recommendation and that the Court makes the final
decision regarding my receipt of a reduction in offense level
for acceptance of responsibility.
ii. The United States Attorney and I agree that pursuant to
the United States Sentencing Guidelines the following base
level and enhancements apply to my offense including all
relevant conduct:
2B1.1 (a): Base Offense: wire fraud carries a 7
statutory maximum sentence of 20 years
2B1.1(b)(1)(F): Loss of more than $95,000 but less +8
than $150,000
d. At the time of sentencing, the United States Attorney shall
recommend that I be sentenced to a period of imprisonment at
the low end of the applicable guideline range, said guideline
range to be determined by the Court.
e. In exchange for my guilty plea, the government agrees to move to
dismiss Counts 2, 3, and 4 of the Indictment at the time of
sentencing.
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f. I agree to make restitution in the amount of $109,900 to the
Small Business Administration. This represents the amount of
restitution I owe for my entire fraud scheme, including
restitution related to counts that are being dismissed as part of
this agreement.
g. I acknowledge and understand that any and all financial
obligations imposed by the Court are due and payable in full
upon entry of the judgment of conviction. I further understand
that any payment schedule imposed by the Court shall be the
minimum I am expected to pay and that the government’s
collection of any and all court imposed financial obligations is
not limited to the payment schedule. I agree not to request any
delay or stay in payment of any and all financial obligations.
h. I expressly authorize the U.S. Attorney’s Office to immediately
obtain a credit report in order to evaluate my ability to satisfy
any financial obligation imposed by the Court. I agree to submit
within 30 days of the filing of this plea agreement a completed
financial statement to the U.S. Attorney's Office in a form it
provides and as it directs. I promise that the financial statement
and disclosures will be complete, accurate and truthful, and I
understand that any willful falsehood on the financial statement
will be a separate crime and may be punished under 18 U.S.C. §
1001 by an additional five years’ incarceration and fine. If
deemed necessary by the U.S. Attorney’s Office, I agree to
submit, prior to sentencing, to an examination under oath on the
issue of my ability to pay restitution.
i. I agree to the entry of money judgment in the amount of
$109,900 against me. I acknowledge that the amount of the
money judgment represents the amount of proceeds I derived
from the commission of the offense to which I am pleading
guilty. I further consent to the entry of orders of forfeiture
pursuant to Federal Rules of Criminal Procedure 32.2. Pursuant
to Rule 32.2(b)(4), I agree that the preliminary order of forfeiture
will satisfy the notice requirement and will be final as to me at
the time it is entered. I also hereby agree to waive all
constitutional, statutory and procedural challenges in any
manner (including direct appeal, habeas corpus, or any other
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means) to any forfeiture carried out in accordance with this Plea
Agreement on any grounds.
j. I understand that the government has reserved the right to tell
the Court the good things about me and the bad things about me,
and to fully inform the Court of the nature and extent of my
offense as well as the full extent of my criminal history.
k. I understand that the law gives a convicted person the right to
appeal the conviction and the sentence imposed. I also
understand that no one can predict the precise sentence that will
be imposed, and that the Court has jurisdiction and authority to
impose any sentence within the statutory maximum set for my
offenses as set forth in this plea agreement. With this
understanding and in consideration of the government’s entry
into this plea agreement, I expressly waive my right to appeal or
to contest my conviction and all components of my sentence or
the manner in which my conviction or my sentence was
determined or imposed, to any Court on any ground other than a
claim of ineffective assistance of counsel, including any appeal
under Title 18, United States Code, Section 3742 or any post-
conviction proceeding, including but not limited to, a proceeding
under Title 28, United States Code, Section 2255. I also agree to
waive all rights, whether asserted directly or through a
representative, to, after sentencing, request or receive from the
United States any further records, reports, or documents
pertaining to the investigation or prosecution of this matter; this
waiver includes, but is not limited to, rights conferred by the
Freedom of Information Act and the Privacy Act of 1974.
8. I am prepared to state to the Court the facts in this matter that
cause me to believe that I am guilty of the offense charged in Count 1 of the
Indictment. I acknowledge that the following is only a summary of the
relevant facts relating to that charge:
From approximately April 2020 to July 2020, in the Northern District
of Indiana and elsewhere, I knowingly devised and participated in a
scheme to defraud the Small Business Administration (SBA) by
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applying for and receiving SBA grant and loan funds for a fictious
business I called “Bills.”
As part of this scheme, as alleged in Count 1, on or about April 10,
2020, I submitted a fraudulent SBA Intake Application (#..5352) via
the internet. In response to questions on the application form, I filled
in responses to make it appear that the fictional business, “Bills”, was
engaged in “health services”; that it had “5” employees and gross
revenue of “$240,000”; and that it had existed since “3/2/1999”, when in
fact the business did not exist.
In total, I collected $109,900 in proceeds from the SBA to which I was
not entitled.
9. I believe and feel that my lawyer has done all that anyone could
do to counsel and assist me, and that I now understand the proceedings in
this case against me.
10. I declare that I offer my plea of guilty freely and voluntarily and
of my own accord, and no promises have been made to me other than those
contained in this agreement, nor have I been threatened in any way by
anyone to cause me to plead guilty in accordance with this agreement.
11. I understand and acknowledge that this agreement, once filed
with the court, is a public document and available for public viewing.
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USDC IN/ND case 2:21-cr-00154-JD-JPK document 18 filed 06/27/22 page 9 of 9
By: /s/ Jeffrey Boylett
Jeffrey Boylett
Defendant
By: /s/ Adam Tavitas
Adam Tavitas
Attorney for Defendant
APPROVED:
Clifford D. Johnson
United States Attorney
By: /s/ Thomas M. McGrath
Thomas McGrath
Assistant United States Attorney
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