United States v. Jazmin J. Bougere — Plea Agreement Letter, Eastern District of Louisiana (Document 46)
Summary
A plea agreement letter from the United States Attorney's Office for the Eastern District of Louisiana to the presiding district judge in United States v. Jazmin J. Bougere, Criminal Docket No.23-43 "M", filed March 14, 2024 as Document 46, reviewed by defense counsel Annalisa Miron. The defendant agrees to plead guilty to Count 2 of the Bill of Information, theft of government funds under Title 18, United States Code, Section 641, which carries a maximum of ten years' imprisonment, and the government agrees to move to dismiss Count 1. The defendant agrees to pay restitution including $33,827.61 to the Small Business Administration, $119,936 to the California Employment Development Department and $105,133 to the Colorado Department of Labor and Employment. The agreement includes forfeiture and a broad waiver of appeal rights.
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“United States v. Jazmin J. Bougere — Plea Agreement Letter, Eastern District of Louisiana (Document 46).”
Original at ecf.laed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-bougere-dkt-46-fd5dfd3770/
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Case 2:23-cr-00043-BWA-KWR Document 46 Filed 03/14/24 Page 1 of 5
U.S. Department of Justice
United States Attorney
Eastern District of Louisiana
Edvard J. Rivera 650 Poydras Street,Suite 1600 Telephone: 504 -680-3 163
Assistant United States Attorney Netv Orleans, Louisiana 70130 Fax: 504 -589-1395
March 14,2024
Honorable Bary W. Ashe
United States District Judge
Eastern District of Louisiana
500 Poydras Street, Room C-367
New Orleans, Louisiana 70130
Re: United States v. Jazmin J. Bougere
Criminal Docket No.23-43 "M"
Dear Judge Ashe,
In compliance with the holding of Bryan v. United States, 492 F.2d 775 (5th Cir. 1974),
and with Rule I I of the Federal Rules of Criminal Procedure, the Government wishes to
acknowledge the following agreement between the Government and Jazmin J. Bougere, the
defendant, in the above-captioned proceeding. Defendant's undersigned counsel, Annalisa Miron,
has reviewed the terms of this agreement and has been advised by the defendant that the defendant
fully understands the terms of this agreement.
The Government has agreed that should the Court accept the defendant's plea of guilty to
Count 2 of the Bill of Information now pending against her, charging the defendant with one count
of theft of govemment funds, in violation of Title 18, United States Code, Section 641, the
Government agrees that it will not bring any other criminal charges in the Eastem District of
Louisiana arising from the conduct detailed in the Bill of Information and move to dismiss Count
I at sentencing. The defendant understands and agrees, however, that she is to pay full restitution
to the victims identified in this agreement, regardless of whether she is charged forthat particular
fraud and/or theft. The defendant further understands that this does not apply to crimes of violence
that the defendant may have committed.
The defendant acknowledges that she has a right to be indicted by a grand jury on the
charge in the Bill of Information because that charge is a felony violation. The defendant agrees
to waive, in writing, and at the appropriate time, her right to be charged by grand jury indictment.
",i:;w
Defense Counsel l(Itt
Case 2:23-cr-00043-BWA-KWR Document 46 Filed 03/14/24 Page 2 of 5
The defendant further understands that the maximum penalty defendant may receive should
defendant's plea of guilty be accepted to count two is ten (10) years imprisonment and/or a fine of
$250,000, or the greater of twice the gross gain to the defendant or twice the gross loss to any
person under Title 18, United States Code, Section 3571.
It is also understood that the restitution provisions of Sections 3663 and 3663 A of Title I 8,
United States Code, will apply. The defendant agrees to pay the Small Business Administration
the sum of $33,827.61; the Arizona Department of Economic Security the sum of $2,100; the
California Employment Development Department in the sum of $119,936; the Colorado
Department of Labor and Employment in the sum of $105,133; the Kentucky Office of
Unemployment Insurance the sum of $2,000; the Maryland Department of Labor the sum of
$2,484; the Minnesota Unemployment Insurance the sum of $1,872; the Texas Workforce
Commission the sum of $7,872; and a sum to the Louisiana Workforce Commission, which will
be determined at a restitution hearing. The defendant agrees that any restitution imposed will be
non-dischargeable in any bankruptcy proceeding and that defendant will not seek or cause to be
sought a discharge or a finding of dischargeability as to the restitution obligation. The defendant
further acknowledges and understands that, notwithstanding any payment schedule imposed at
sentencing or during probation or supervised release, restitution is due and payable in full
immediately upon entry of the judgrnent of conviction.
Further, the defendant understands that a mandatory special assessment fee of $ I 00.00 per
count shall be imposed under the provisions of Section 301 3 of Title I 8, United States Code. This
special assessment must be paid on the date of sentencing. Failure to pay this special assessment
may result in the plea agreement being void.
The defendant further understands that the Couft, in imposing a sentence of a term of
imprisonment, may include as paft of the sentence a requirementthatthe defendant be placed on
a term of supervised release after imprisonment for a period of up to three (3) years for count two
pursuant to Title 18, United States Code, Section. Supervised release is a period following release
from prison during which defendant's conduct will be monitored by the Court or the Court's
designee. Defendant fully understands that il'defendant violates any of the conditions of supervised
release that the Couft has imposed, defendant's supervised release may be revoked, and defendant
may be ordered by the Court to serve in prison all or part of the term of supervised release.
Defendant understands that Title I 8, United States Code, Section 3742 and Title 28, United
States Code, Section 1291, may give a criminal defendant the right to appeal her conviction,
sentence, restitution, fine, and judgment imposed by the Court. Defendant also understands that
she may have the right to file collateral challenges to her conviction and sentence, and judgment,
including but not limited to rights provided by Title 28, United States Code, Sections 2255 and
2241, Rule 60 of the Federal Rules of Civil Procedure, Rule 36 of the Federal Rules of Criminal
Procedure, and writs of coram nobis and audita querela. Defendant further understands that Title
18, United States Code, Section 3582(c)(2), may allowthe Courtto granta sentencing reduction
to the defendant if the defendant has been sentenced to a term of imprisonment based upon a
sentencing range that has been subsequently lowered by the United States Sentencing Commission
and determined to apply retroactively to defendants who already have been sentenced to a term of
imprisonment.
Page 2 of5
AUSA (V/
oefendantAW
Defense Counsel-ffi
Case 2:23-cr-00043-BWA-KWR Document 46 Filed 03/14/24 Page 3 of 5
Acknowledging these rights, subject only to the exceptions indicated in subsection (d)
below, the defendant, in exchange for the promise(s) and agreement(s) made by the United States
in this plea agreement, knowingly and voluntarily:
a. Waives and gives up any right to appeal or contest her guilty plea, conviction, sentence,
fine, supervised release, and any restitution irnposed by any judge under any applicable restitution
statute, including but not limited to any right to appeal any rulings on pretrial motions of any kind
whatsoever, as well as any aspect of this sentence, including but not limited to any and all rights
which arise underTitle 18, United States Code, Section 3742and Title 28, United States
Code, Section l29l;
b. Waives and gives up any right to appeal any order, decision, or judgment arising out of or
related to Title 18, United States Code, Section 3582(c)(2) imposed by any judge and further
waives and gives up any right to challenge the manner in which her sentence was determined and
to challenge any United States Sentencing Guidelines determinations and their application by any
judge to the defendant's sentence and judgment;
c. Waives and gives up any right to challenge her sentence collaterally, including but not
limited to any and all rights which arise under Title 28, United States Code, Sections 2255 and
224l,Rule 60 oflthe Federal Rules of Civil Procedure, Rule 36 of the Federal Rules of Criminal
Procedure, writs of coram nobis and audita querela, and any other collateral challenges to this
sentence ofany kind; and
d. The defendant specifically does not waive and retains the right to bring a direct appeal of
any sentence imposed in excess of the statutory maximum. The defendant also retains the right to
raise a claim of ineffective assistance of counsel in an appropriate proceeding.
'fhe delendant understands that any discussions with defendant's attorney or anyone else
regarding sentencing guidelines are merely rough estimates and the Court is not bound by those
discussions. The defendant understands that the sentencing guidelines are advisory and are not
mandatory fbr sentencing purposes. The delendant understands the Court could impose the
maximum term of imprisonment and fine allowed by law, including the imposition of supervised
release. The deflendant is also aware that in determining a fair and just sentence, the Court has the
authority and discretion, pursuant to Title 18, United States Code, Sections 3553 and 3661 and
Section lBl.3 of the United States Sentencing Guidelines, to consider any and all "relevant
conduct" that the defendant was involved in, the nature and circumstances of the offenses, and the
history and characteristics ofthe defendant.
In an effort to resolve this matter in a timely fashion and show good faith, the defendant
agrees to knowingly, voluntarily, and expressly waive her rights pursuant to Rule 410(a) of the
Federal Rules of Evidence upon signing this plea agreement and the factual basis. The defendant
understands and agrees that in the event the defendant violates the plea agreement, withdraws her
decision to plead guilty, her guilty plea is later withdrawn or otherwise set aside, any statements
made by the defendant to law enforcement agents or an attorney for the prosecuting authority
during plea discussions, any statements made by the defendant during any court proceeding
involving the defendant's plea of guilty, including any factual bases or summaries signed by the
Page 3 of5
AUSA
Defense Co
Case 2:23-cr-00043-BWA-KWR Document 46 Filed 03/14/24 Page 4 of 5
defendant, and any leads from such statements, factual bases or summaries, shall be admissible for
all purposes against the defendant in any and all criminal proceedings.
The defendant agrees to forfeit and give to the United States prior to the date of sentencing
any right, title and interest which the defendant may have in assets constituting or derived from
proceeds the defendant obtained directly or indirectly as a result of the violation(s) to which she is
pleading guilty and/or which are assets used or intended to be used in any manner or part to commit
and to facilitate the commission of the violation(s) to which defendant is pleading guilty. The
defendant further agrees not to contest the administrative, civil or criminal forfeiture of any such
asset(s). These assets include, but are not limited to, any assets charged in the Indictment,
Information or any Bill of Particulars filed by the United States. The defendant agrees that any
asset charged in the Indictment, Information or Bill of Particulars is forfeitable as proceeds of the
illegal activity for which she is pleading guilty. With respect to any asset which the defendant has
agreed to forfeit, the defendant waives any constitutional and statutory challenges in any manner
(including direct appeal, collateral challenges of any type, habeas corpus motions or petitions, or
any other means) to any forfeiture carried out in accordance with this plea agreement on any
grounds, including that the forfeiture constitutes an excessive fine or punishment under the Eighth
Amendment to the United States Constitution.
The defendant further agrees to submit to interviews whenever and wherever requested by
law enforcement authorities regarding all assets currently or previously within defendant's
possession. It is also understood that defendant will provide any and all financial information and
documentation requested by the government, agrees to voluntarily execute a complete and
thorough Financial Statement of Debtor, and f,urther agrees to provide the requested List of Items
-l'he
that is attached to the Financial Statement. def'endant understands this information may be
provided to a representative of any victim of this off'ense. The defendant recognizes that any
Page 4 of 5
AUSA El--
Defendar{4@-
Defense Counsel Ffn
Case 2:23-cr-00043-BWA-KWR Document 46 Filed 03/14/24 Page 5 of 5
criminal monetary penalty, whether special assessment, criminal fine, or restitution, that is owed
as a result of her conviction will be immediately submitted to the Treasury Offset Program. The
defendant waives any objection to her inclusion in the Treasury Offset Program.
The defendant understands that the statements set forth above and in the attached SEALED
document (Attachment "A") represents defendant's entire agreement with the Govemment; there
are not any other agreements, letters, or notations that will affect this agreement.
Respectfully,
DUANE A. EVANS
UNITED STATES ATTORNEY
I
I
EDW .I. RIVF]RA Date
Assistant United States Attorney
Je" fu t/rl",
ailNar-rsa MrRoi\ Date
/
Attorney for the Defendant
BOUGERE 1
De
Page 5 of 5
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