Plea Agreement — United States of America v. William Chan, Criminal No: 2:24-cr-00507 (Dkt. 4, D.S.C.)

Summary

In this plea agreement filed 07/02/24 as Entry Number 4 in Criminal No: 2:24-cr-00507 (D.S.C., Charleston Division), William Chan agrees to plead guilty to Count 1 of the Information, conspiracy to commit wire fraud under 18 U.S.C. § 371. The offense carries up to five years in prison, a fine of $250,000.00, up to three years of supervised release and a $100 special assessment. The parties agree that restitution to the victims will be between $1.5 to $3.5 million, plus any fees and interest the victim may assess, and stipulate a loss amount between $1.5 and $3.5 million for the guidelines; neither figure binds the court. Chan agrees to forfeit the proceeds of the offense and property identified in the Information, and waives appeal and post-conviction challenges except for ineffective assistance of counsel, prosecutorial misconduct or future changes in the law.

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2:24-cr-00507-RMG __s Date Filed 07/02/24 Entry Number4 Page1of8

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
UNITED STATES OF AMERICA Criminal No: 2:24-cr-00507
PLEA AGREEMENT
WILLIAM CHAN

General Provisions

This PLEA AGREEMENT is made this FL day of June, 2024, between the United
States of America, as represented by United States Attorney Adair F. Boroughs, Assistant United
States Aitorney Amy Bower; the Defendant, WILLIAM CHAN, and Defendant’s attorney,
Nathan Williams, Esq.

IN CONSIDERATION of the mutual promises made herein, the parties agree as follows:
1, The Defendant agrees to plead guilty to Count 1 of the Information now pending, which

charges Conspiracy to Commit Wire Fraud, a violation of 18 U.S.C, § 371.

In order to sustain its burden of proof, the Government is required to prove the following:

Count 1

A, Two or more persons agree to do something which federal law prohibits; here, to
commit wire fraud;

B. The Defendant knew of the conspiracy and willfully joined the conspiracy; and

C. At some time during the existence of the conspiracy, in the District of South
Carolina, one of the members of the conspiracy performed an overt act charged
in the Information to accomplish the object and purpose of the agreement.

The penalty for this offense is:

Up to five years in prison, a fine of $250,000.00, up to three years supervised release,
and a special assessment of $100 for each count.

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2:24-cr-00507-RMG __s Date Filed 07/02/24 Entry Number4 Page 2of8

The Defendant understands and agrees that monetary penalties [i.e., special assessments,
restitution, fines and other payments required under the sentence] imposed by the Court
are due and payable immediately and subject to enforcement by the United States as civil
judgments, pursuant to 18 U.S.C. § 3613. In the event the Court imposes a schedule for
payment of restitution, the Defendant also understands that payments made in accordance
with installment schedules set by the Court are minimum payments only and do not
preclude the Government from seeking to enforce the judgment against other assets of the
Defendant at any time, as provided in 18 U.S.C. §§ 3612, 3613 and 3664(m). The
Defendant further agrees to enter into the Bureau of Prisons Inmate Financial Repayment
Program if sentenced to a term of incarceration with an unsatisfied monetary penalty. The
Defendant further understands that any monetary penalty imposed is not dischargeable in
bankruptcy.

A. Special Assessment: Pursuant to 18 U.S.C. §3013, the Defendant must pay
a special assessment of $100.00 for each felony count for which he is
convicted, This special assessment must be paid at or before the time of the
guilty plea hearing or during participation in the Bureau of Prisons Inmate
Financial Repayment Program if this plea results in incarceration.

B. Restitution; The Defendant agrees to make full restitution under 18 U.S.C.
§ 3556 in an amount to be determined by the Court at the time of sentencing,
which amount is not limited to the count(s) to which the Defendant pled
guilty, but will include restitution to each and every identifiable victim who
may have been harmed by his scheme or pattern of criminal activity,
pursuant to 18 U.S.C. § 3663,

The parties agree that the restitution to be ordered for the victims of
Defendant’s offense of conviction is between $1.5 to $3.5 million, in
addition to any fees and interest that may be assessed by the victim of the
Defendant’s offenses, The Defendant understands that all agreements
relating to restitution are not binding upon the Court.

The Defendant agrees to cooperate fully with the Government in identifying
all victims. Upon demand, the Defendant shall submit a personal financial
statement under oath and submit to interviews by the government and the

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2:24-cr-00507-RMG ___ Date Filed 07/02/24 Entry Number 4- Page 3 of 8

U.S. Probation Office regarding the Defendant's capacity to satisfy any fines
or restitution. The Defendant expressly authorizes the U.S. Attorney's
Office to immediately obtain a credit report on the Defendant in order to
evaluate the Defendant's ability to satisfy any financial obligation imposed
by the Court. The Defendant understands that the Defendant has a
continuing obligation to pay in full as soon as possible any financial
obligation imposed by the Court.
Cc. Fines: The Defendant understands that the Court may impose a fine
pursuant to 18 U.S.C. §§ 3571 and 3572.
The Defendant understands that the Court may consider uncharged counts as relevant
conduct pursuant to §1B1.3 of the United States Sentencing Commission Guidelines.
Defendant understands that if Defendant is not a United States citizen, the felony
conviction in this case may subject Defendant to removal, also known as deportation,
which may, under some circumstances, be mandatory. The court cannot, and Defendant’s
attorney also may not be able to, advise Defendant fully regarding the immigration
consequences of the felony conviction in this case. Defendant understands that by entering
a guilty plea defendant waives any claim that unexpected immigration consequences may
render Defendant’s guilty plea invalid,
The Defendant understands that the obligations of the Government within the Plea
Agreement are expressly contingent upon the Defendant’s abiding by federal and state laws
and complying with any bond executed in this case. In the event that the Defendant fails
to comply with any of the provisions of this Agreement, either express or implied, the
Government will have the right, at its sole election, to void all of its obligations under this

Agreement and the Defendant will not have any right to withdraw his/her plea of guilty to

the offense(s) enumerated herein.

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2:24-cr-00507-RMG __s Date Filed 07/02/24 Entry Number4 Page4of8

Forfeiture

6. The Defendant agrees to voluntarily surrender to, and not to contest the forfeiture of any

and all assets and property, or portions thereof, which are subject to forfeiture pursuant to
any provision of law, including but not limited to, property in the possession or control of
the Defendant or Defendant’s nominees, Specifically, the Defendant agrees to voluntarily
surrender, and not contest the forfeiture of property identified in the Information, and any

forfeiture Bill of Particulars.

Forfeiture Judgment/Proceeds:

A sum of money equal to all proceeds the Defendants obtained directly or
indirectly as the result of the offense charged in this Information, and all
interest and proceeds traceable thereto, and/or such sum that equals all
property traceable to their violation of 18 U.S.C. § 371.

With regard to each and every asset listed in the Information or seized in a related
investigation or administrative, state, or local action, the Defendant stipulates and agrees:

The Defendant agrees and consents to the forfeiture of these assets pursuant to any
federal criminal, civil judicial or administrative forfeiture action. The Defendant also
hereby agrees to waive all constitutional, statutory and procedural challenges in any
manner (including direct appeal, habeas corpus, or any other means) to any forfeiture
carried out in accordance with this Plea Agreement on any grounds, including that the
forfeiture described herein constitutes an excessive fine, was not properly noticed in
the charging instrument, addressed by the Court at the time of the guilty plea,
announced at sentencing, or incorporated into the judgment.

To its forfeiture herein, if necessary as substitute property under 21 U.S.C. § 853(p), as
made applicable by 18 U.S.C. § 982(b)(1) or any other statute, or in a separate
administrative or civil judicial proceeding,

That the Defendant has or had a possessory interest or other legal interest in each item
or property.

To assist the United States in the recovery of all assets by (i) taking whatever steps are
necessary or requested by the United States to pass clear title to the United States; (ii)
preventing the disbursement of any moneys and sale of any property or assets; (iii) not
encumbering or transferring any real estate after the Defendant’s signing of this Plea
Agreement; and (iv) directing all financial institutions to turn over and surrender to the

Page 4 of 8

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2:24-cr-00507-RMG__s Date Filed 07/02/24 Entry Number4 Page5of8

United States all funds and records regarding accounts listed in any document signed
by the Defendant pursuant to this plea agreement, as criminal proceeds or substitute

property.

The Defendant waives all rights to notice of forfeiture under Rule 32.2 and of any other
action or proceeding regarding such assets. The Defendant consents and waives all
tights to compliance by the United States with any applicable deadlines under 18
U.S.C. § 983(a). Any related administrative claim filed by the Defendant is hereby
withdrawn.

Pursuant to Rule 32,2(b)(4), the Defendant agrees that the preliminary order of
forfeiture will satisfy the notice requirement and will be final as to the Defendant at the
time it is entered. In the event the forfeiture is omitted from the judgment, the
Defendant agrees that the forfeiture order may be incorporated into the written
judgment at any time pursuant to Rule 36.

If the United States discovers that the Defendant has not fully disclosed all assets, the
United States may seek forfeiture of any subsequently-discovered assets, and the
Defendant agrees to the immediate forfeiture of any such assets.

The Defendant further agrees to make a full and complete disclosure of all assets over
which Defendant exercises control and those which are held or controlled by nominees.
The Defendant agrees that Federal Rule of Criminal Procedure 11 and § 1B1.8 of the
United States Sentencing Commission Guidelines will not protect from forfeiture,
assets disclosed by the Defendant as part of his/her cooperation. The Defendant further
agrees to submit to a polygraph examination on the issue of assets if it is deemed
necessary by the United States,

The Defendant agrees to waive any double jeopardy claims the Defendant may have as
aresult of a forfeiture proceeding against any of these properties as provided for by this
Plea Agreement and agrees to waive any claims that the forfeiture described herein
constitutes an excessive fine.

Forfeiture of the Defendant’s assets shall not be treated as satisfaction of any fine,
restitution, cost of imprisonment, or any other penalty the Court may impose upon the
Defendant in addition to forfeiture. The United States may use the value of forfeited
property for restitution, but is not required to do so.

- Merger and Other Provisions
Page 5 of 8
2:24-cr-00507-RMG __s Date Filed 07/02/24 Entry Number4 Page6of8

The Defendant and the Government stipulate and agree to the following for purposes of
calculating the Defendant's sentence pursuant to the United States Sentencing Commission
Guidelines:

A. Pursuant to § 2B1.1 of the United States Sentencing Commission Guidelines, the
loss amount attributable to the Defendant for guidelines calculation purposes is
between $1.5 and $3.5 million.

The Defendant understands that these stipulations are not binding upon the Court or the

United States Probation Office, and that the Defendant has no right to withdraw his/her

plea should these stipulations not be accepted. Further, the Defendant understands and

acknowledges that these stipulations are binding on the Government only in the event that
the Defendant complies with ALL of the terms of this Agreement and does not contest any
of the above stipulations or any readily provable relevant conduct.

The Defendant represents to the court that he/she has met with his/her attorney on a

sufficient number of occasions and for a sufficient period of time to discuss the Defendant’s

case and receive advice; that the Defendant has been truthful with his/her attorney and
related all information of which the Defendant is aware pertaining to the case; that the

Defendant and his attorney have discussed possible defenses, if any, to the charges in the

Information including the existence of any exculpatory or favorable evidence or witnesses,

discussed the Defendant’s right to a public trial by jury or by the Court, the right to the

assistance of counsel throughout the proceedings, the right to call witnesses in the

Defendant’s behalf and compel their attendance at trial by subpoena, the right to confront

and cross-examine the Government’s witnesses, the Defendant’s right to testify in his own

behalf, or to remain silent and have no adverse inferences drawn from his/her silence; and

that the Defendant, with the advice of counsel, has weighed the relative benefits of a trial

Page 6 of 8

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by jury or by the Court versus a plea of guilty pursuant to this Agreement, and has entered
this Agreement as a matter of the Defendant’s free and voluntary choice, and not as a result
of pressure or intimidation by any person.

The Defendant is aware that 18 U.S.C. § 3742 and 28 U.S.C. § 2255 afford every defendant
certain rights to contest a conviction and/or sentence. Acknowledging those rights, the
Defendant, in exchange for the concessions made by the Government in this Plea
Agreement, waives the right to contest either the conviction or the sentence in any direct
appeal or other post-conviction action, including any proceedings under 28 U.S.C. § 2255.
This waiver does not apply io claims of ineffective assistance of counsel, prosecutorial
misconduct, or future changes in the law that affect the Defendant’s sentence. This
agreement does not affect the rights or obligations of the Government as set forth in 18
U.S.C, § 3742(b). Nor does it limit the Government in its comments in or responses to any
post-sentencing matters.

The Defendant waives all rights, whether asserted directly or by a representative, to request
or receive from any department or agency of the United States any records pertaining to
the investigation or prosecution of this case, including without limitation any records that
may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act
of 1974, 5 U.S.C, § 552a.

The parties hereby agree that this Plea Agreement, together with any written provisions
disclosed during the Rule 11 plea hearing in accordance with Fed. R. Crim. P. 11(c)(2),
contain the entire agreement of the parties; that this Agreement supersedes all prior
promises, representations and statements of the parties; that this Agreement shall not be

binding on any party until the Defendant tenders a plea of guilty to the court having

Page 7 of 8
jurisdiction in this matter; that this Agreement may be modified only in writing signed by
all parties; and that any and all other promises, representations and statements, whether

made prior to, contemporaneous with or after this Agreement, are null and void.

Date / _-~ William Ghan,
D
Date , Andrew Savage,
Defense Attorney
ADAIR F. BOROUGHS
UNITED STATES ATTORNEY
AMY BOWER oxrisate2e 51752-0000
Date Amy F. Bower (Fed. ID # 11784)

Assistant United States Attorney

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