United States v. Clonet Junior Charmant — Plea Agreement, Northern District of Florida (Document 66)

Summary

A plea agreement between Clonet Junior Charmant, defense attorney Eric Milles and the Acting United States Attorney for the Northern District of Florida in Case No. 4:21cr36-AW-MAF-3, filed November 18, 2021 as Document 66. Charmant agrees to plead guilty to Count One (Conspiracy to Commit Bank and Wire Fraud), Counts Five through Nine (Bank Fraud), Counts Eleven through Fourteen (Identity Fraud) and Count Eighteen (Aggravated Identity Theft). The agreement lists a maximum of thirty years' imprisonment and a $1,000,000 fine on Counts One and Five through Nine, five years' imprisonment on Counts Eleven through Fourteen, and a mandatory consecutive term of two years' imprisonment on Count Eighteen. Charmant agrees to full restitution as determined by the court, and the sentence is left to the court's discretion.

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Case 4:21-cr-00036-AW-MAF Document66- Filed 11/18/21 Page1of6

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 4:21cr36-AW-MAF-3
CLONET JUNIOR CHARMANT
/
PLEA AGREEMENT
1. PARTIES TO AGREEMENT

This agreement is entered into by and between Clonet Junior Charmant as
Defendant, Eric Milles as attorney for Defendant, and the Acting United States
Attorney for the Northern District of Florida. This agreement specifically excludes
and does not bind any other state or federal agency, including other United States
Attorneys and the Internal Revenue Service, from asserting any civil, criminal, or
administrative claim against Defendant.

2. TERMS

The parties agree to the following terms:

a. Defendant will plead guilty to Count One (Conspiracy to Commit Bank
and Wire Fraud), Counts Five through Nine (Bank Fraud), Counts Eleven through
Fourteen (Identity Fraud), and Count Eighteen (Aggravated Identity Theft) of the

Indictment. As to Counts One and Five through Nine, Defendant faces, a maximum

FILED IN OPEN COURT THIS

CLERK, U.S. DISTRICT
COURT, NORTH. DIST. FLA.
Case 4:21-cr-00036-AW-MAF Document66- Filed 11/18/21 Page 2of6

term of thirty years’ imprisonment, five years of supervised release, a $1,000,000
fine, and a $100 special monetary assessment. As to Counts Eleven through
Fourteen, Defendant faces, a maximum term of five years’ imprisonment, one year
of supervised release, a $250,000 fine, and a $100 special monetary assessment. As
to Count Eighteen, Defendant faces, a mandatory term of two years’ imprisonment
consecutive to any other incarceration imposed, one year of supervised release, a
$250,000 fine, and a $100 special monetary assessment. Defendant agrees to pay the
special monetary assessments on or before the date of sentencing.

If Defendant is unable to pay the special assessment prior to sentencing due
to indigence, Defendant agrees to participate in the Inmate Financial Responsibility
Program.

The maximum sentence to which Defendant is subject includes the forfeiture
of all forfeitable assets.

b. By voluntarily pleading guilty to the charges in the Indictment,
Defendant, as to the counts pled herein, knowingly waives and gives up
constitutional rights which attend a defendant on trial in a criminal case. These
constitutional rights include: the right to plead not guilty; the right to have a jury or
judge determine guilt on the evidence presented; the right to compel the government

to prove guilt beyond a reasonable doubt; the right to confront and cross-examine
Case 4:21-cr-00036-AW-MAF Document66- Filed 11/18/21 Page 3o0f6

witnesses; the right not to be compelled to incriminate oneself; the right to testify;
the right to present evidence; and the right to compel the attendance of witnesses.

c. Defendant is pleading guilty because Defendant is in fact guilty of the
charges alleged in Counts One, Five through Nine, Eleven through Fourteen, and
Count Eighteen of the Indictment. In pleading guilty, Defendant acknowledges that
were this case to go to trial, the government would present evidence to support the
charges beyond a reasonable doubt.

d. Upon the District Court's adjudication of guilt of Defendant for the
charged crimes, the Acting United States Attorney, Northern District of Florida, will
not file any further criminal charges against Defendant arising out of the same
transactions or occurrences to which Defendant has pled. Defendant agrees that
substantial evidence exists to support the charges, as indicated in the agreed-upon
statement of facts incorporated by reference into this plea agreement.

e. Nothing in this agreement shall protect Defendant in any way from
prosecution for any offense committed after the date of this agreement.

f. If Defendant is not a citizen of the United States, Defendant
understands that this conviction may adversely affect Defendant’s immigration
status, and Defendant may be removed from the United States, denied citizenship in

the United States, and denied admission to the United States in the future.
g. The parties agree that the sentence to be imposed is left solely to the
discretion of the District Court, which is required to consult the United States
Sentencing Guidelines and take them into account when sentencing Defendant. The
parties further understand and agree that the District Court’s discretion in imposing
sentence is limited only by the statutory maximum sentence and any mandatory
minimum sentence prescribed by statute for the offenses.

h. Both parties reserve the right to advise the District Court and other
authorities of their versions of the circumstances surrounding the offenses
committed by Defendant. The Acting United States Attorney further reserves the
right to correct any misstatements by Defendant or Defendant’s attorney and to
present evidence and make arguments pertaining to the application of the sentencing
guidelines and the considerations set forth in Title 18, United States Code, Section
3553(a), including sentencing recommendations, and whether departure or variance
upward or downward is appropriate.

3. SENTENCING

a. Defendant understands that any prediction of the sentence that may be
imposed is not a guarantee or binding promise. Due to the variety and complexity of
issues that may arise at sentencing, the sentence may not be subject to accurate

prediction.
b. The parties understand and agree that either party may offer additional
evidence relevant to sentencing issues. However, the Court is not limited to
consideration of the facts and events provided by the parties. Adverse rulings or a
sentence greater than anticipated shall not be grounds for withdrawal of Defendant’s
plea.

c. The parties reserve the right to appeal any sentence imposed.

4. VICTIM RESTITUTION

Defendant agrees to make full restitution to the victims as determined by the
Court. Defendant agrees that the amount of restitution may include losses resulting
from related conduct for which Defendant was not convicted, if the loss flowed
directly from the relevant conduct of which Defendant was a part.

CONCLUSION

In every case in the Northern District of Florida in which the parties enter a
Plea Agreement, the Court requires the parties to enter a sealed Supplement to Plea
Agreement indicating whether or not Defendant agrees to cooperate with the Acting
United States Attorney. The parties agree to the Supplement to Plea Agreement

entered in this case.
Case 4:21-cr-00036-AW-MAF

Document 66 Filed 11/18/21 Page6of6

Defendant enters this agreement knowingly, voluntarily, and upon advice of

counsel.

JASON R. COODY
Act] nited-States Attorney

Erfc Milles
Attorney for Defendant

Date

Clonet Junior Charmant
Defendant

Date

Justin M. Kéen—-

Florida Bar No. 021034

Assistant United States Attorney
Northern District of Florida

111 North Adams Street, 4'" Floor
Tallahassee, FL 32301
850-942-8430
Justin.Keen@usdoj.gov

Date |! ©


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