United States v. Irvin C. Francois — Plea Agreement Letter, Eastern District of Louisiana (Document 24)

Summary

A plea agreement letter in United States v. Irvin C. Francois, Case 2:25-cr-00165-JCZ-JVM, Document 24, in the Eastern District of Louisiana, filed September 23, 2025. The letter is dated September 17, 2025, and is addressed to Judge Jay C. Zainey. It states that the defendant would plead guilty to Count 1 (False Statements) and Count 2 (Money Laundering) of the Indictment, and that the government will bring no additional charges in the Eastern District of Louisiana arising from applying for and receiving COVID-19 relief funds, unless the defendant withdraws the decision to plead guilty or violates the agreement. The defendant agrees to pay restitution of $153,171.95 to the United States Small Business Administration for a Paycheck Protection Program loan.

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Case 2:25-cr-00165-JCZ-JVM Document 24 _ Filed 09/23/25 Page1of5

U.S. Department of Justice
United States Attorney
Eastern District of Louisiana

Edward J. Rivera The Poydras Center Telephone: 504-680-3163
Assistant United States Attorney 650 Poydras Street, Suite 1600 Fax: 304-589-4395
New Orleans, Louisiana 70130

September 17, 2025

Honorable Judge Jay C. Zainey
United States District Judge
Eastern District of Louisiana
500 Poydras Street

New Orleans, Louisiana 70130

Re: United States v. Irvin C. Francois, II
Criminal Docket No. 25-165 “A”

Dear Judge Zainey:

In compliance with the holding of Bryan y. United States, 492 F.2d 775 (5th Cir. 1974),
and with Rule 11 of the Federal Rules of Criminal Procedure, the government wishes to
acknowledge the following agreement between the government and Irvin C. Francois, ITI, the
defendant in the above-captioned proceeding. The defendant’s undersigned counsel,
Andrew Duffy, has reviewed the terms of this agreement and have 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 | (False Statements), and Count 2 (Money Laundering), of the Indictment, the government
will not bring any additional charges in the Eastern District of Louisiana arising from the
defendant’s conduct as it relates to applying and receiving COVID-19 relief funds, as set forth in
the Factual Basis, unless the defendant withdraws his decision to plead guilty or violates the terms
of this plea agreement. The defendant understands and agrees, however, that he is to pay full
restitution to the victims identified in this agreement, regardless of whether he is charged for that
particular fraud and/or theft.

Page 1 of 5

Defendant Fe

Defense Counsel /~.
Case 2:25-cr-00165-JCZ-JVM Document 24 _ Filed 09/23/25 Page2of5

Maximum Penalties

a. Imprisonment and Fine

The defendant understands that, should the defendant’s plea of guilty be accepted, the
defendant understands that the maximum penalty for Count | is not more than five (5) years
imprisonment and/or a fine of $250,000.00 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. The
maximum penalty the defendant may receive as to Count 2 is not more than ten (10) years of
imprisonment, and/or a fine of $250,000 or twice the value of the property involved in the crime
under Title 18, United States Code, Sections 1957 (b)(2) and 3571.

b. Financial Obligations

By entering into this agreement, the defendant understands and agrees to the following
regarding all financial obligations included in the defendant’s sentence and judgment:

The Court must order restitution to the victims of the offense to which the defendant is
pleading guilty and of any offense for which the defendant is charged in. The Court may consider
all relevant conduct for the offenses of conviction and for any dismissed charges when determining
victims and amounts of restitution. The restitution provisions of Sections 3663(a)(3) and 3663A
of Title 18, United States Code, will apply. The defendant agrees to pay restitution to the United
States Small Business Administration in the amount of $153,171.95 for a Paycheck Protection
Program loan, which includes accrued interest and loan processing fees, less any amount repaid
prior to sentencing.

Any restitution imposed will be non-dischargeable in any bankruptcy proceeding. The
defendant will not seek or cause to be sought a discharge or a finding of dischargeability as to any
restitution obligation.

A mandatory special assessment fee of $100.00 per count shall be imposed under the
provisions of Section 3013 of Title 18, 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.

Notwithstanding any payment schedule that may be ordered at sentencing or during
probation or supervised release, the defendant is obligated to immediately pay in full any financial
obligation imposed by the Court. Any payment schedule represents only a minimum payment
obligation and does not preclude the Government from seeking satisfaction of the defendant’s full
and immediately enforceable financial obligation.

The defendant also recognizes that any criminal monetary penalty, including but not
limited to special assessments, criminal fines, or restitution, that is owed as a result of a conviction
will be immediately submitted to the Treasury Offset Program. The defendant waives any
objection to being included in the Treasury Offset Program.

Page 2 of 5

Defendant 7 Z

Defense Counsel
Case 2:25-cr-00165-JCZ-JVM Document 24 _ Filed 09/23/25 Page3of5

c. Supervised Release

The defendant further understands that the Court, in imposing a sentence of a term of
imprisonment, may include as part of the sentence a requirement that the defendant be placed on
a term of supervised release after imprisonment for a period of up to three years for Counts | and
2 pursuant to Title 18, United States Code, Section 3583. 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 if defendant violates any of the conditions of
supervised release that the Court has imposed, the 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.

d. Sentencing Guidelines

The defendant understands that any discussions with the 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 for sentencing purposes. The defendant understands the Court could impose the
maximum term of imprisonment and fine allowed by law, including the imposition of supervised
release. The defendant 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 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
of the defendant.

Waiver of Rights

The defendant understands that Title 18, United States Code, Section 3742 and Title 28,
United States Code, Section 1291, may give a criminal defendant the right to appeal the conviction,
sentence, fine, supervised release, forfeiture, restitution, and judgment imposed by the Court. The
defendant also understands that the defendant may have the right to file collateral challenges to the
conviction, 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. The
defendant further understands that Title 18, United States Code, Section 3582(c)(2), may allow the
Court to grant a 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.

Acknowledging these rights, and subject only to the exceptions indicated in subsection (e)
below, the defendant, in exchange for the promise(s) and agreement(s) made by the government
in this plea agreement, knowingly and voluntarily:

Page 3 of 5

Defense Counsel C >
Case 2:25-cr-00165-JCZ-JVM Document 24 Filed 09/23/25 Page4of5

a. Waives and gives up any right to appeal or contest the defendant’s guilty plea,
conviction, sentence, fine, supervised release, forfeiture, and any restitution imposed 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 the sentence and judgment,
including but not limited to any and all rights which arise under Title 18, United States Code,
Section 3742 and Title 28, United States Code, Section 1291;

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 any aspect of the sentence
and judgment 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 appeal or contest the manner in which forfeiture
is imposed by any judge under any applicable forfeiture statutes and rules, including but not limited
to the government’s forfeiture proceedings on grounds that the forfeiture constitutes an
unconstitutionally excessive fine or punishment;

d. Waives and gives up any right to challenge any aspect of the defendant’s sentence
and judgment collaterally, including but not limited to any and all rights which arise under 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, writs of coram nobis and audita querela, and
any other collateral challenges to the sentence of any kind; and

e. 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.

In an effort to resolve this matter in a timely fashion and show good faith, the defendant
agrees to knowingly, voluntarily, and expressly waive his rights pursuant to Rule 410(a) of the
Federal Rules of Evidence upon signing this agreement and the factual basis. The defendant
understands and agrees that in the event the defendant violates the agreement, withdraws the
decision to plead guilty, the 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
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.

Forfeiture of Assets

The defendant understands forfeiture of property is part of the sentence that must be
imposed in this case. The defendant agrees to immediately forfeit to the United States any right,
title, and interest in all assets subject to forfeiture under the notice(s) of forfeiture contained in the
charging document, including property specified in any bill of particulars and property previously
seized by the government for administrative, civil, or criminal forfeiture.

Page 4 of 5 “

Defendant 7,

Defense Counsel gg) —
Case 2:25-cr-00165-JCZ-JVM Document 24 _ Filed 09/23/25 Page5of5

The defendant consents to the filing of a motion for a preliminary order forfeiting such property
and any dollar amount specified in the notice(s) of forfeiture or bill of particulars, and the
defendant confesses the requisite nexus between the property and the charge(s) of conviction.

Upon signing this document and until the Court imposes all financial obligations and enters
judgment, the defendant agrees to notify the Financial Litigation Unit of the United States
Attorney’s Office before transferring any interest in property with a value exceeding $1,000.00
owned directly or indirectly, individually or jointly, by the defendant. This includes any interest
held or owned under any name, including trusts, partnerships and corporations.

The defendant agrees to submit to interviews whenever and wherever requested by law
enforcement authorities regarding all assets currently or previously within the defendant’s
possession. The defendant agrees to provide all financial information and documentation
requested by the government, voluntarily execute a complete and thorough Financial Statement of
Debtor and provide the requested List of Items attached to the Financial Statement. The defendant
understands this information may be provided to any victim or victim representative. The
defendant expressly authorizes the Government to obtain the defendant’s credit report and to
inspect and copy all financial documents and information provided to and held by U.S. Probation.

The defendant understands that the statements set forth above and in the attached SEALED
document (Attachment A) represents defendant’s entire agreement with the government; there are
not any other agreements, letters, or notations that will affect this agreement.

Very truly yours,

MICHAEL M. SIMPSON
ACTING UNITED STATES ATTORNEY

, EDWARD RIVERA (Date):
| Assistant United States Attorney

Attorney for Defendant

IRVIN C. FRANCOIS, III (Date)
Defendant a | xe | ae

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