United States v. Jorge S. Alvarez — Plea Agreement, Southern District of Florida (Document 125)
Summary
A plea agreement between the United States Attorney's Office for the Southern District of Florida and Jorge S. Alvarez in Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN, entered on the docket November 21, 2022 as Document 125. The defendant agrees to plead guilty to Count 5 of the Indictment, conspiracy to launder money, and the Office agrees to seek dismissal of the remaining counts after sentencing. The agreement states a statutory maximum of 20 years of imprisonment for Count 5 and includes cooperation terms under which the Office may seek a sentence reduction. The defendant agrees to a forfeiture money judgment of at least $1,212,220 and to an appeal waiver. The agreement is dated 11-15-2022.
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Cite this document
“United States v. Jorge S. Alvarez — Plea Agreement, Southern District of Florida (Document 125).”
Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-barrera-almaguer-et-al-dkt-125-s-d-fla-da81de776f/
, SHA-256 7b4035a37a22dd954781498180957b8480477d9231054cf232805097350a4497.Full text
Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 1 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN
UNITED STATES OF AMERICA
v. NOV 21 2022
JORGE S. ALVAREZ, ANGELA E. NOBLE
CLERK U.S. DIST. CT.
S.D. OF FLA. - W.P.B.
Defendant.
PLEA AGREEMENT
The United States Attorney's Office for the Southern District of Florida ("this
Office") and JORGE S. ALVAREZ ("the defendant") enter into the following agreement:
1. The defendant agrees to plead guilty to Count 5 of the Indictment, which
charges the defendant with conspiracy to launder money, in violation of Title 18, United
States Code, Section 1956(a)(1 )(B)(i) and (h).
2. This Office agrees to seek dismissal of the remaining counts of the
Indictment 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
Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 2 of 8
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 is
requ ired 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 with respect to
Count 5, the Court may impose a statutory maximum term of imprisonment of 20 years ,
followed by a term of supervised release of up to 3 years. In addition to a term of
imprisonment and supervised release , the Court may impose a fine of up to $500,000 or
twice the value of the property involved in the transaction , whichever is greater, and shall
order restitution.
5. The defendant further understands and acknowledges that, in addition to
any sentence imposed under the previous paragraph of this agreement, a special
assessment in the amount of $100 will be imposed . 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
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Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 3 of 8
evidence to this Office and the Court at the time of sentencing as to the reasons for the
defendant's failure to pay.
6. Th is 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 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. The United States 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 3E1 .1 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,
the government will move for an add itional one level decrease pursuant to Section
3E1.1(b) of the Sentencing Guidelines. However, the United States will not be required
to comply with this paragraph if the defendant: (1) fails or refuses to make 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 this plea agreement; or (3) commits any misconduct after entering into
th is plea agreement, including but not limited to committing a state or federal offense, or
making false statements or misrepresentations to any governmental entity or official.
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Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 4 of 8
8. The defendant agrees that he shall cooperate fully with this Office by: (a)
providing truthful and complete information and testimony, and producing documents,
records and other evidence , when called upon by this Office, whether in interviews, before
a grand jury, or at any trial or other Court proceeding ; and (b) appearing at such grand
jury proceed ings, hearings , trials, and other judicial proceedings, and at meetings, as may
be required by this Office. In addition , the defendant agrees that he will not protect any
person or entity through false information or omission , that he will not falsely implicate
any person or entity, and that he will not commit any further crimes.
9. This Office reserves the right Jo evaluate the nature and extent of the
defendant's cooperation and to make that cooperation , or lack thereof, known to the Court
at the time of sentencing . If in the sole and unreviewable judgment of this Office the
defendant's cooperation is of such quality and sign ificance to the investigation or
prosecution of other criminal matters as to warrant the Court's downward departure from
the advisory sentencing range calculated under the Sentencing Guidelines and/or any
applicable minimum mandatory sentence , this Office may make a motion prior to
sentencing pursuant to Section 5K1 .1 of the Sentencing Guidelines and/or Title 18, United
States Code, Section 3553(e) , or subsequent to sentencing pursuant to Rule 35 of the
Federal Rules of Criminal Procedure , informing the Court that the defendant has provided
substantial assistance and recommending that the defendant's sentence be reduced.
The defendant understands and agrees , however, that nothing in this agreement requires
this Office to file any such motions, and that this Office's assessment of the quality and
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Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 5 of 8
significance of the defendant's cooperation shall be binding as it relates to the
appropriateness of this Office's filing or non-filing of a motion to reduce sentence.
10. The defendant understands and acknowledges that the Court is under no
obligation to grant a motion for reduction of sentence filed by the government. In addition,
the defendant further understands and acknowledges that the Court is under no obligation
of any type to reduce the defendant's sentence because of the defendant's cooperation .
11. 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 defendant may receive , whether that estimate comes from the
defendant's attorney, the government, or the probation office, is a pred iction , not a
promise, and is not binding on the government, the probation office , or the Court. The
defendant understands further that any recommendation that the government makes to
the Court as to sentencing , whether pursuant to th is agreement or otherwise, is not
bind ing 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 plea based upon the Court's decision not
to accept a sentencing recommendation made by the defendant, the government, or a
recommendation made jointly by both the defendant and the government.
12. The defendant agrees, in an individual and any other capacity, to forfeit to
the United States, voluntarily and immediately, any property, real or personal , involved in
such offense, and any property traceable to such property, pursuant to 18 U.S .C. §
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Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 6 of 8
982(a)(1 ). 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 at least $1,212,220 in U.S .
currency, which sum represents the value of the property subject to forfeiture.
13. 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 forfeiture proceedings, the requirements of Fed.
Rs . Crim. P. 32.2 and 43(a), and any appeal of the forfe iture.
14. The defendant also agrees to fully and truthfully disclose the existence,
nature and location of all assets in wh ich the defendant has or had any direct or indirect
financial interest or control , and any assets involved in the offense 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 . Th is
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
adm inistrative forfeiture proceeding concerning the forfeiture.
15. Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status if he is not a citizen of the United States. Under federal
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Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 7 of 8
law, a broad range of crimes are removable offenses, including the offense to which
defendant is pleading guilty. Removal and other immigration consequences are the
subject of a separate proceeding, however, and the defendant understands that no one,
including the defendant's attorney or the Court, can predict to a certainty the effect of the
defendant's conviction on his immigration status. Defendant nevertheless affirms that he
wants to plead guilty regardless of any immigration consequences that his plea may
entail, even if the consequence is his automatic removal from the United States.
16. The defendant is aware that Title 18, United States Code, Section 3742 and
Title 28, United States Code, Section 1291 afford the defendant the right to appeal the
sentence imposed in this case. Acknowledging this, in exchange for the undertakings
made by the United States in this plea agreement, the defendant hereby waives all rights
conferred by Sections 3742 and 1291 to appeal any sentence imposed, including any
restitution order, or to appeal the manner in which the sentence was imposed, unless the
sentence exceeds the maximum permitted by statute, or is the result of an upward
departure from the guideline range that the Court establishes at sentencing, or if the
sentence results from the Court's calculation of a guideline range higher than that
stipulated by the parties, or if the sentence imposed is higher than the agreed upon
guidelines. The defendant further understands that nothing in this agreement shall affect
the government's right and/or duty to appeal as set forth in Title 18, United States Code ,
Section 3742(b) and Title 28, United States Code, Section 1291 . However, if the United
States appeals the defendant's sentence pursuant to Sections 37 42(b) and 1291, the
defendant shall be released from the above waiver of appellate rights . By signing this
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Case 9:22-cr-80118-DMM Document 125 Entered on FLSD Docket 11/21/2022 Page 8 of 8
agreement, the defendant acknowledges that he has discussed the appeal waiver set
forth in this agreement with his attorney. The defendant further agrees, together with the
United States, to request that the district court enter a specific finding that the defendant's
waiver of his right to appeal the sentence to be imposed in this case was knowing and
voluntary.
17. This is the entire agreement and understanding between the United States
and the defendant. There are no other agreements, promises, representations, or
understandings.
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
Date : 11-15-2022 By:
SUSAN OSBORNE
ASSISTANT UNITED STATES ATTORNEY
0 IZAGUIRRE
RNEY FOR DEFENDANT
JORGE S. ALVAREZ
DEFENDANT
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