United States v. Nicolas Carl Ramirez — Plea Agreement, Northern District of Florida (Document 80)

Summary

A plea agreement between Nicolas Carl Ramirez, defense attorney William J. Cone, Jr. and the Acting United States Attorney for the Northern District of Florida in Case No. 4:21-cr-00036-AW-MAF, filed November 30, 2021 as Document 80. Ramirez agrees to plead guilty to Count One (Conspiracy to Commit Bank and Wire Fraud), Count Three (Bank Fraud) and Count Seventeen (Aggravated Identity Theft) of the Indictment. The agreement lists a maximum of thirty years' imprisonment, five years of supervised release and a $1,000,000 fine on Counts One and Three, and a mandatory consecutive term of two years' imprisonment on Count Seventeen. Ramirez agrees to full restitution to the victims as determined by the court, and the sentence is left to the court's discretion.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 4:21-cr-00036-AW-MAF Document 80 Filed 11/30/21 Pagelof5

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

UNITED STATES OF AMERICA

Vv. CASE NO. 4:21¢er36-A W-MAF-2

~ NICOLAS CARL RAMIREZ
/

PLEA AGREEMENT

1, PARTIES TO AGREEMENT
This agreement is entered into by and between Nicolas Carl Ramirez as
Defendant, William J. Cone, Jr. 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), Count Three (Bank Fraud), and Count Seventeen (Aggravated
Identity Theft) of the Indictment. As to Counts One and Three, Defendant faces a

maximum term of thirty years’ imprisonment, five years of supervised release, a

FILED IN OPEN COURT THIS 1
CLERK, U.S. DISTRICT ~a

COURT, NORTH. DIST. FLA.
te

$1,000,000 fine, and a $100 special monetary assessment. As to Count Seventeen,
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
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, Three, and Seventeen of the Indictment. In pleading
Case 4:21-cr-00036-AW-MAF Document 80 Filed 11/30/21 Page 3of5

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.
3

Wl
w

Case 4:21-cr-00036-AW-MAF Document 80 Filed 11/30/21 Page4of5

h. Both parties reserve the right to advise the District Court and other
authorities of their versions of the circumstances sutrounding 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.
Case 4:21-cr-00036-AW-MAF Document 80 Filed 11/30/21 Page5of5

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. Defendant enters this agreement knowingly, voluntarily, and

upon advice of counsel.

aan [ Acting United\State Mi in

Attofney for Defendant Florida Bar No. 021034
Assistant United States Attorney
\\ | i] | 4 A | Northern District of Florida
Date | | 111 North Adams Street, 4" Floor

Tallahassee, FL 32301
850-942-8430
Justin, Keen @usdo} gov

0%)

Nicolas Carl Ramirez

Date Date

5


File and source

File

80-plea-agreement-as-to-nicolas-carl-ramirez.pdf

Size

266,795 bytes

SHA-256

ded9b9816ca8acbd280a4563d0ce32f4e7691d52f12878ce56adc77d3b2bf50b

Our copy

80-plea-agreement-as-to-nicolas-carl-ramirez.pdf

Original

PACER (login required)