Plea Agreement — United States v. Damian Davis, No. 22-60186-CR-WPD (Dkt. 34, S.D. Fla.)
Summary
In this plea agreement entered on the docket 01/13/2023 in Case No. 22-60186-CR-WPD (S.D. Fla.), Damian Davis agrees to plead guilty to counts 3 and 6 of the indictment, charging bank fraud and wire fraud, and the U.S. Attorney's Office agrees to seek dismissal of counts 1, 2, 4, and 5 after sentencing. The agreement sets statutory maximums of up to thirty (30) years in prison on count 3 and up to twenty (20) years on count 6, a fine of up to $1,000,000 or twice the gross gain or gross loss on each count, and a $200 special assessment. The Office will recommend a two-level reduction for acceptance of responsibility. Davis agrees to forfeit offense proceeds, including a forfeiture money judgment of $274,365.
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Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-60186-CR-WPD
UNITED STATES OF AMERICA
vs.
DAMIAN DAVIS,
Defendant.
- - - - - - - - - - - - - - - -I
PLEA AGREEMENT
The United States Attorney's Office for the Southern District of Florida ("this Office") and
Damian Davis (hereinafter referred to as the "defendant") enter into the following agreement:
1. The defendant agrees to plead guilty to counts 3 and 6 of the indictment, which charge
the defendant with bank fraud, in violation of Title 18, United States Code, Section 1344 and wire
fraud, in violation of Title 18, United states Code, Section 1343.
2. This Office agrees to seek dismissal of counts 1, 2, 4, and 5 of the indictment, as to this
defendant, after sentencing.
3. The defendant is aware that the sentence will be imposed by the Court after considering
the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing
Guidelines"). The defendant acknowledges and understands that the Court will compute an
advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be
determined by the Court relying in part on the results of a pre-sentence investigation by the Court's
probation office, which investigation will commence after the guilty plea has been entered. The
defendant is also aware that, under certain circumstances, the Court may depart from the advisory
sentencing guideline range that it has computed and may raise or lower that advisory sentence
under the Sentencing Guidelines. The defendant is further aware and understands that the Court
Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 2 of 6
is required to consider the advisory guideline range determined under the Sentencing Guidelines
but is not bound to impose a sentence within that advisory range; the Court is permitted to tailor
the ultimate sentence in light of other statutory concerns, and such sentence may be either more
severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts, the
defendant understands and acknowledges that the Court has the authority to impose any sentence
within and up to the statutory maximum authorized by law for the offense identified in paragraph
1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed.
4. The defendant also understands and acknowledges that as to count 3, the Court may
impose a statutory maximum term of imprisonment ofup to thirty (30) years, followed by a term
of supervised release of up to five (5) years. As to count 6, the Court may impose a statutory
maximum term of imprisonment of up to twenty (20) years, followed by a term of supervised
release ofup to three (3) years. In addition to a term of imprisonment and supervised release, the
Court may impose, as to each count, a maximum fine ofup to $1,000,000 or twice the gross gain
or gross loss resulting from the offense, as well as restitution and criminal forfeiture.
5. The defendant further understands and acknowledges that, in addition to any sentence
imposed under paragraph 4 of this agreement, a special assessment in the amount of
$200 will be imposed on the defendant. The defendant agrees that any special assessment
imposed shall be paid at the time of sentencing. If a defendant is financially unable to pay the
special assessment, the defendant agrees to present evidence to this Office and the Court at the
time of sentencing as to the reasons for the defendant's failure to pay.
6. This Office reserves the right to inform the Court and the probation office of all facts
pertinent to the sentencing process, including all relevant information concerning the offenses
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Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 3 of 6
committed, whether charged or not, as well as concerning the defendant and the defendant's
background. Subject only to the express terms of any agreed-upon sentencing recommendations
contained in this agreement, this Office further reserves the right to make any recommendation as
to the quality and quantity of punishment.
7. This Office agrees that it will recommend at sentencing that the Court reduce by two
levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section
3El.l(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative
and timely acceptance of personal responsibility. If at the time of sentencing the defendant's
offense level is determined to be 16 or greater, this Office will file ~ motion requesting an
additional one level decrease pursuant to Section 3El.l(b) of the Sentencing Guidelines, stating
that the defendant has assisted authorities in the investigation or prosecution of the defendant's
own misconduct by timely notifying authorities of the defendant's intention to enter a plea of
guilty, thereby permitting the government to avoid preparing for trial and permitting the
government and the Court to allocate their resources efficiently: This Office, however, will not be
required to make this motion if the defendant: (1) fails or refuses to make a full, accurate and
complete disclosure to the probation office of the circumstances surrounding the relevant offense
conduct; (2) is found to have misrepresented facts to the government prior to entering into this plea
agreement; or (3) commits any misconduct after entering into this plea agreement, including but
not limited to committing a state or federal offense, violating any term of release, or making false
statements or misrepresentations to any governmental entity or official.
8. The defendant is aware that the sentence has not yet been determined by the Court.
The defendant also is aware that any estimate of the probable sentencing range or sentence that the
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Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 4 of 6
defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or
the probation office, is a prediction, not a promise, and is not binding on this Office, the probation
office or the Court. The defendant understands further that any recommendation that this Office
makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding
on the Court and the Court may disregard the recommendation in its entirety. The defendant
understands and acknowledges, as previously acknowledged in paragraph 3 above, that the
defendant may not withdraw his/her plea based upon the Court's decision not to accept a
sentencing recommendation made by the defendant, this Office, or a recommendation made jointly
by the defendant and this Office.
9. The defendant agrees, in an individual and any other capacity, to forfeit to the United
States, voluntarily and immediately, any right, title, and interest to any property, constituting or
derived from, any proceeds obtained, directly or indirectly, as the result of such offense, pursuant
to Title 18, United States Code, Section 982(a)(2)(A). In addition, the defendant agrees to
forfeiture of substitute property pursuant to 21 U.S.C. § 853(p). The property subject to forfeiture
includes, but is not limited to:
a. a forfeiture money judgment in the sum of $274,365 in U.S. currency, which in sum
represents the value of the property subject to forfeiture.
10. The defendant further agrees that forfeiture is independent of any assessment, fine,
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture,
including excessive fines under the Eighth Amendment to the United States Constitution. In
addition, the defendant agrees to waive: any applicable time limits for administrative or judicial
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Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 5 of 6
forfeiture proceedings, the requirements of Ped. R. Crim. P. 32.2 and 43(a), and any appeal of the
forfeiture.
11. The defendant also agrees to fully and truthfully disclose the existence, nature and
location of all assets in which the defendant has or had any direct or indirect financial interest or
control, and any assets involved in the offenses of conviction. The defendant agrees to take all
steps requested by the United States for the recovery and forfeiture of all assets identified by the
United States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon
request of all necessary and appropriate documentation to deliver good and marketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal,
civil or administrative forfeiture proceeding concerning the forfeiture.
[SPACE INTENTIONALLY LEFT BLANK]
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Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 6 of 6
12. This is the entire agreement and understanding between this Office and the defendant.
There are no other agreements, promises, representations, or understandings.
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
Date: q\ 13~'1.~ By:
BERTILA LILIA FERNANDE
ASSISTANT UNITED STATE ATTORNEY
✓-:)~
Date: _l lt ~; 'Z-3 By: c~-
CARLOS GONZALEZ
ATT RNEY FOR DEFENDANT
Date: 1///3/J.3 By: .J--
VIS
DEFENDANT
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