United States v. Dalton Haas — Plea Agreement Letter, Northern District of West Virginia (Document 23)
Summary
A plea agreement letter dated February 2, 2023 from the United States Attorney's Office for the Northern District of West Virginia to counsel for Dalton Haas, filed February 15, 2023 as Document 23 in Case 5:22-cr-00051-JPB-JPM. Haas agrees to plead guilty to Count 1, Wire Fraud, under Title 18, United States Code Section 1343, which carries not more than 20 years imprisonment, a fine of not more than $250,000 and not more than 3 years of supervised release. The agreement includes cooperation and use immunity terms, and the United States will dismiss the remaining counts. The parties stipulate a base offense level of seven (7) with a four (4) level increase for a loss of more than $15,000 and less than $40,000. Haas agrees to a $20,000.00 forfeiture money judgment and $20,000.00 restitution to the Small Business Administration for EIDL Advances, and waives most appeal rights.
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“United States v. Dalton Haas — Plea Agreement Letter, Northern District of West Virginia (Document 23).”
Original at ecf.wvnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-haas-dkt-23-n-d-w-va-941e79d5cf/
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Case 5:22-cr-00051-JPB-JPM Document 23 Filed 02/15/23 Page 1 of 7 PageID #:
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United States Department of Justice
William Ihienfeld
United States Attorney
United States Attorney ‘.s’ Office
Northern District of West Virginia
February 2, 2023
Donald Tennant, Jr.. FILED
38 l5thStreet#100
Wheeling, WV 26003 FEB 1 5 2023
U.S. DISTRICT COURT-WVND
In re: United States ofAmerica v. Dalton Haas WHEELING, WV 26003
Dear Mr. Tennant,
This will confirm conversations with you concerning your client, Dalton Haas (hereinafter
referred to as “Defendant”). This offer will expire on February 13, 2023 at 2:00 p.m., unless a written
acceptance is received by the United States Attorney’s Office before then. All references to the
“Guidelines” refer to the guidelines established by the United States Sentencing Commission, effective
November 1, 1987, as amended.
It is agreed between the United States and your client as follows:
1. Defendant will plead guilty to Count 1, Wire Fraud, in violation of Title 18, United States
Code Section 1343.
2. The maximum penalty to which Defendant will be exposed by virtue of his plea of guilty,
as stated in paragraph 1 above is: as to Count 1, Wire Fraud, not more than 20 years imprisonment, a fine
of not more than $250,000, and not more than 3 years of supervised release.
It is further understood by Defendant that there is a special mandatory assessment of $100.00 (18
U.S.C. § 3013) per felony conviction which must be paid within 40 days following entry of his plea by
money order or certified check to the United States District Court. It is also understood that Defendant
may be required by the Court to pay the costs of his incarceration, supervision, and probation.
3. Defendant will be completely forthright and truthful with regard to all inquiries made of
him and ill give signed, sworn statements and testimony, including but not limited to, appearances at
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grand jury, trial, sentencing and other proceedings. Defendant will agree to submit to a polygraph
examination if requested to do so by the United States Attorney’s Office for the Northern District of West
Virginia.
4. A. Nothing contained in any statement or any testimony given by Defendant,
pursuant to paragraph 3, will be used against him as the basis for any subsequent
prosecution. Defendant understands that the use immunity granted in this
agreement does not cover any statements or admissions that you committed, or were
directly involved in committing, a crime of violence. This means that such
statements or admissions can be used against the Defendant in any state or federal
prosecution. In this regard, Defendant admits that, prior to the proffer, pursuant to
Miranda v. Arizona, 384 U.S. 436 (1996), you have been adequately advised and
warned that any admission that you committed, or were directly involved in
committing, a crime of violence is not covered by the use immunity under this
agreement. It is further understood that any information obtained from Defendant
in compliance with this cooperation agreement will be made known to the
sentencing court; however, pursuant to Guideline 1B1 .8, such information may not
be used by the Court in determining Defendant’s applicable guideline range.
B. This agreement does not prevent Defendant from being prosecuted for any
violations of other Federal and state laws he may have committed should evidence
of any such violations be obtained from an independent legitimate source, separate
and apart from that information and testimony being provided by him pursuant to
this agreement.
C. In addition, nothing contained in this agreement shall prevent the United States
from prosecuting Defendant for perjury or the giving of a false statement to a
federal agent, if such a situation should occur by virtue of his fulfilling the
conditions of paragraph 3 above.
5. At final disposition, the United States will advise the Court of Defendant’s forthrightness
and truthfulness, or failure to be forthright and truthful, and ask the Court to give the same such weight as
the Court deems appropriate. The United States will also dismiss the remaining counts of the Indictment
but expressly reserves the right to reinstate and prosecute any dismissed charge should the defendant’s
conviction later be vacated on appeal or collateral attack.
6. There have been no representations whatsoever by any agent or employee of the United
States, or any other law enforcement agency, or Defendant’s counsel as to what the final disposition in
this matter should and will be. This agreement includes nonbinding recommendations by the United
States, pursuant to Rule 11(c)(1)(B); however, Defendant understands that the Court is not bound by these
Dalt as, Defendant Date
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Donald nnant ., Es , ounsel r Defendant Date
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sentence recommendations, and that Defendant has no right to withdraw a guilty plea if the Court does
not follow the sentencing recommendations set forth in this plea agreement.
7. The United States will make the following nonbinding recommendations:
A. If, in the opinion of the United States Attorney’s Office, Defendant accepts
responsibility and if the probation office recommends a two-level reduction for
“acceptance of responsibility,” as provided by Guideline 3E1.1, then the United
States will concur in and make such recommendation;
B. Should Defendant give timely and complete information about his own criminal
involvement and provide timely notice of his intent to plead guilty, thereby
permitting the United States to avoid trial preparation and if he complies with all
the requirements of this agreement, and if the Defendant is eligible under the
“Guidelines,” then United States will recommend an additional one level
reduction, so long as Defendant executes the plea agreement on or before February
13, 2023 at 2:00 p.m., and returns an executed copy to the United States by that
day; and
C. The United States will recommend that any sentence of incarceration imposed
should be within the applicable guideline range.
8. If in the opinion of the United States, the Defendant either engages in conduct defined
under the Applicable Notes of Guideline 3C 1.1, fails to cooperate as promised, or violates any other
provision of this plea agreement, then the United States will not be bound to make the foregoing
recommendations, and the Defendant will not have the right to withdraw the plea.
9. Pursuant to Sections 6B1.4, 1B1.3, and 2B1.1 of the Guidelines, the parties hereby
stipulate and agree that the base offense level is seven (7), and that the Specific Offense Characteristic
(b)(1)(c) calls for a four (4) level increase as the loss was more than $15,000 and less than $40,000. The
parties understand that pursuant to Section 6B 1.4(d), the Court is not bound by the above stipulation and
is not required to accept the same. Defendant understands and agrees that should the Court not accept the
above stipulation, Defendant will not have the right to withdraw his plea of guilty.
10. Defendant is aware that 18 U.S.C. § 3742 affords a Defendant the right to appeal the
sentence imposed. Acknowledging this, and in exchange for the concessions made by the United States in
this plea agreement, Defendant waives the following rights:
A. Defendant knowingly waives all right, pursuant to 28 U.S.C. § 1291 or any other
statute or constitutional provision, to appeal the Defendant’s conviction on any ground
.-~
Da ton Haas, Defendant Date
Donald n t, ., Es . ounsel or~efendant Date
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Case 5:22-cr-00051-JPB-JPM Document 23 Filed 02/15/23 Page 4 of 7 PageID #:
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whatsoever. This includes a waiver of all rights to appeal the Defendant’s conviction on
the ground that the statute(s) to which the defendant is pleading guilty is
unconstitutional, or on the ground that the admitted conduct does not fall within the
scope of the statute(s).
B. The Defendant knowingly and expressly waives all rights conferred by 18 U.S.C. § 3742
to appeal whatever sentence is imposed (including any fine, term of supervised release, or
order of restitution) for any reason (including the establishment of the advisory sentencing
guidelines range, the determination of the defendant’s criminal history, the weighing of the
sentencing factors, and any constitutional challenges to the calculation and imposition of
any term of imprisonment, fine, order of forfeiture, order of restitution, and term or
condition of supervised release).
C. To challenge the conviction or the sentence which is within the maximum provided
in the statute of conviction or the manner in which it was determined in any post-
conviction proceeding, including any proceeding under 28 U.S.C. § 2255.
Nothing in this paragraph, however, will act as a bar to Defendant perfecting any legal remedies
he may otherwise have on appeal or collateral attack respecting claims of ineffective assistance of counsel
or prosecutorial misconduct. Defendant agrees that there is currently no known evidence of ineffective
assistance of counsel or prosecutorial misconduct.
This waiver of appellate rights is not intended to represent the Defendant’s estimation of what an
appropriate or reasonable sentence would or should be. Nor does this waiver of rights prevent Defendant
from arguing for a sentence below the aforementioned adjusted advisory Guideline offense level at
sentencing. The United States waives its right to appeal any sentence within the applicable advisory
Guideline range. Both parties have the right during any appeal to argue in support of the sentence.
11. The United States reserves the right to provide to the Court and the United States Probation
Office, in connection with any presentence investigation that may be ordered pursuant to Rule 32(c) of
the Federal Rules of Criminal Procedure, or in connection with the imposition of sentence should the
Court, pursuant to Rule 32(c)(1), not order a presentence investigation, relevant information, including
information regarding Defendant’s background, criminal record, the offense charged in the Indictment
and other pertinent data appearing at Rule 32(c)(2) of the Federal Rules of Criminal Procedure, as will
enable the Court to exercise its sentencing discretion. The United States also retains the right to respond
to any questions raised by the Court, to correct any inaccuracies or inadequacies in the anticipated
presentence investigation report to be prepared by the Probation Office of the Court, and to respond to
any written or oral statements made by the Court, by Defendant or his counsel.
~9~/O~ c,23
Dalt aas, ef Date
~ILO~3
Don~na,~~,coelfor Defendant Date
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Case 5:22-cr-00051-JPB-JPM Document 23 Filed 02/15/23 Page 5 of 7 PageID #:
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12. The defendant stipulates that the amount of the proceeds obtained by him as a result of
the offense conduct underlying this agreement is $20,000.00 and agrees to the entry of a forfeiture
personal money judgment in that amount.
A. The defendant stipulates that substitute property is subject to forfeiture because,
as a result of the defendant’s acts and omissions, all property subject to direct forfeiture is
not available for forfeiture for the reasons described in 21 U.S.C. § 853(p)(1),
subparagraphs (A) (E). Until the value of such property subject to direct forfeiture has
—
been forfeited, the defendant will not contest the forfeiture of any substitute asset the
government seeks to forfeit.
B. The defendant agrees to identif~’ any property that could be forfeited as
substitute property. The defendant further agrees to take all steps as requested by the
United States to obtain from any other person, by any lawful means, all records of assets
ever owned by the defendant. The defendant also agrees to execute any deed or other
document containing any necessary assurance to effectuate the transfer of title to
forfeitable assets to the United States, and testif~’ truthfully in any judicial forfeiture
proceeding.
C. The defendant hereby waives all interest in any property subject to this plea
agreement in any administrative or judicial forfeiture proceeding, whether criminal or
civil, state or federal. By signing this agreement, the defendant hereby withdraws any
claim the defendant may have filed in any administrative forfeiture action and agrees to
the entry of a Declaration of Forfeiture. The defendant also agrees to consent to the entry
of orders of forfeiture for such property and waives the requirement of Federal Rules of
Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging
instrument, the announcement of the forfeiture at sentencing, and the incorporation of the
forfeiture in the judgment. The defendant agrees to take all steps as requested by the
United States to pass clear title to forfeitable assets to the United States, and to testify
truthfully in any judicial forfeiture proceeding
D. The defendant also waives all constitutional and statutory challenges in any
manner (including direct appeal, habeas corpus, 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. The defendant further waives any
failure by the Court to advise the defendant of the applicable forfeiture at the time the
guilty plea is accepted as required by Rule 1 1(b)(1)(J).
E. The United States agrees to make a non-binding recommendation to the Money
Laundering and Asset Recovery (MLARS) Section at the Department of Justice that any
Date —
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for Defendant Date
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Case 5:22-cr-00051-JPB-JPM Document 23 Filed 02/15/23 Page 6 of 7 PageID #:
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monies obtained from the defendant through forfeiture be distributed to the victims of the
offense in accordance with any restitution order entered in this case.
13. Defendant agrees that restitution is mandatory pursuant to 18 U.S.C. § 3663A. The
Defendant agrees that an offense listed in §3663A(c)(1) gave rise to this plea agreement and as such, the
victim of the conduct described in the charging instrument, statement of facts, or any related or similar
conduct shall be entitled to restitution. The Defendant agrees to pay restitution in the amount of
$20,000.00 to the Small Business Administration ($10,000 for EIDL Advance 3300058543, $10,000 for
EIDL Advance 3300438466).
The defendant agrees to pay restitution to the fullest extent possible before he is sentenced. Any
payments made before sentencing should be made only after consulting with the United States Attorney’s
Office Financial Litigation Unit. After such consultation, any restitution payment shall be made by
certified/cashier check or money order payable to Clerk, U.S. District Court and mailed to Clerk, U.S.
District Court, Attn: Fines & Restitution, P.O. Box 1518, Elkins, WV 26241.
If the defendant is financially able to pay part or all of the restitution prior to sentencing and fails
to do so, then the Office of the United States Attorney shall have the right to withdraw any sentencing
recommendations and/or to void this Agreement.
The defendant agrees that any restitution that is not paid before sentencing will be due and payable
immediately after sentencing and subject to immediate enforcement pursuant to 18 U.S.C. § 3613. The
defendant also agrees that the United States, through the Financial Litigation Unit for the United States
Attorney’s Office for the Northern District of West Virginia may submit any unpaid criminal monetary
penalty to the United States Department of Treasury to be included in the treasury offset program,
regardless of the defendant’s payment history.
The defendant acknowledges and agrees that if the Court imposes a payment schedule for the
payment of any criminal monetary penalty, that payment schedule shall be the minimum payment
obligation and shall not be the only method or a limitation on the methods available to the United States
to enforce the criminal monetary penalty judgment.
Until restitution is paid in full, the defendant agrees to a voluntary garnishment of twenty-five
percent (25%) of all nonexempt net disposable earnings from any employment, without prior demand
under the Federal Debt Collection Procedures Act (28 U.S.C. § 3205). To this end, the defendant waives
any exceptions under the Consumer Credit Protection Act (15 U.S.C. § 1673).
The defendant authorizes the United States Attorney’s Office for the Northern District of West
Virginia to access his credit report to assess his financial condition.
~2—/~ —~23
Dalto , Defe t Date
Do~~t,J,E~~e for Defendant Date
~I ~
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Case 5:22-cr-00051-JPB-JPM Document 23 Filed 02/15/23 Page 7 of 7 PageID #:
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The defendant agrees to provide any financial information requested by the United States
Attorney’s Office for the Northern District of West Virginia or United States Probation and Pretrial
Services. If requested, the defendant agrees to participate in a pre-sentence financial examination under
oath before a court reporter in order to assess his financial condition. The defendant hereby agrees that the
United States Attorney’s Office for the Northern District of West Virginia may share any financial
information obtained from the defendant with United States Probation and Pretrial Services and vice versa.
The defendant agrees not to encumber, sell, transfer, or in any other way dispose of any assets
without authorization from the United States or the Court.
14. Defendant understands that the United States Sentencing Guidelines are now advisory and
no longer mandatory. It is therefore understood that the sentencing court may ascertain and impose a
sentence below or above the applicable Guideline range, so long as that sentence is reasonable and within
the statutory maximum specified in Title 18 of the United States Code for the offenses of conviction.
15. If Defendant’s plea is not accepted by the Court or is later set aside or if he breaches any
part of this Agreement, then the Office of the United States Attorney will have the right to withdraw any
sentencing recommendations and/or to void this Agreement.
16. The above fifteen (15) paragraphs constitute the entire agreement between Defendant and
the United States of America in this matter. There are no agreements, understandings, or promises
between the parties other than those contained in this Agreement.
Very truly yours,
WILLIAM IHLENFELD
United States Attorney
By:
As evidenced by my signature at the bottom of the six (7) pages of this letter agreement, I have read and
understand the provisions of each paragraph herein and, hereby, fully approve of each provision.
c~ ~
D~aa, Defendant Date
~.tioLa~3
Don~~ Jr ouns Defendant Date
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