United States v. Lori Hammond — Plea Agreement, District of South Carolina (Entry Number 4)

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A plea agreement in United States of America v. Lori Hammond, Criminal No: 2:22-CR-454, Case 2:22-cr-00454-DCN, in the District Court of the United States for the District of South Carolina, Charleston Division, filed May 25, 2022 as Entry Number 4. The Defendant agrees to plead guilty to Counts 1 and 2 of the Information, which charge Conspiracy to Commit Wire Fraud under Title 18, United States Code, Section 371, and Wire Fraud under Title 18, United States Code, Section 1343. The stated maximum is 5 years of imprisonment for the conspiracy count and 20 years for wire fraud. The forfeiture section lists seized bank account funds, including $1,341,833.43 from one Truist Bank account, along with real property and a vehicle.

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2:22-cr-00454-DCN Date Filed 05/25/22 = Entry Number 4 Page 1 of 12

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION
UNITED STATES OF AMERICA Criminal No: 2:22-CR-454
v.
PLEA AGREEMENT
LORI HAMMOND
General Provisions

This PLEA AGREEMENT is made this 1G day of Ma , 2022, between the
United States of America, as represented by United States Attorney Corey F. Ellis, Assistant
United States Attorney Emily Limehouse; the Defendant, LORI HAMMOND, and Defendant’s
attorneys, Jack Swerling and Alissa Wilson.

IN CONSIDERATION of the mutual promises made herein, the parties agree as follows:
1. The Defendant agrees to plead guilty to Counts 1 and 2 of the Information, which charge

Conspiracy to Commit Wire Fraud in violation of Title 18, United States Code, Section

371, and Wire Fraud, in violation of Title 18, United States Code, Section 1343.

In order to sustain its burden of proof, the Government is required to prove the following:

Count I (Conspiracy)

That the Defendant agreed with one or more persons;
To commit wire fraud;

The Defendant did so knowingly; and

An overt act in furtherance of the conspiracy was committed in the District
of South Carolina.

The penalty for this offense is a maximum term of imprisonment of 5 years, a fine of up to
~ $250,000, supervised release of up to 3 years, and a special assessment of $100.

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Count 2 (Wire Fraud)

A. First, that the defendant devised or intended to devise a scheme to defraud
or for obtaining money or property by means of false or fraudulent
pretenses, representations, or promises that were material; and

B, Second, that, for the purpose of executing the scheme, the defendant
transmitted or caused to be transmitted by means of wire, radio, or television
communication in interstate or foreign commerce any writings, signs,
signals, pictures, or sounds.

The penalty for the offense is a maximum term of imprisonment of 20 years, fine of
$250,000.00, supervised release of three years, and a special assessment of $100.00.

The Defendant understands and agrees that monetary penalties [i.e., special assessments,
restitution, fines and other payments required under the sentence] imposed by the Court
are due and payable immediately and subject to enforcement by the United States as civil
judgments, pursuant to 18 U.S.C. § 3613. In the event the Court imposes a schedule for
payment of restitution, the Defendant also understands that payments made in accordance
with installment schedules set by the Court are minimum payments only and do not
preclude the Government from seeking to enforce the judgment against other assets of the
Defendant at any time, as provided in 18 U.S.C. §§ 3612, 3613 and 3664(m). The
Defendant further agrees to enter into the Bureau of Prisons Inmate Financial Repayment
Program if sentenced to a term of incarceration with an unsatisfied monetary penalty. The
Defendant further understands that any monetary penalty imposed is not dischargeable in
bankruptcy.
A. Special Assessment: Pursuant to 18 U.S.C. §3013, the Defendant must pay
a special assessment of $100.00 for each felony count for which he is
convicted. This special assessment must be paid at or before the time of the
guilty plea hearing or during participation in the Bureau of Prisons Inmate

Financial Repayment Program if this plea results in incarceration.

B. Restitution: The Defendant agrees to make full restitution under 18 U.S.C.
§ 3556 in an amount to be determined by the Court at the time of sentencing,

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which amount is not limited to the count(s) to which the Defendant pled
guilty, but will include restitution to each and every identifiable victim who
may have been harmed by his scheme or pattern of criminal activity,
pursuant to 18 U.S.C. § 3663. The Defendant agrees to cooperate fully with
the Government in identifying all victims. Upon demand, the Defendant
shall submit a personal financial statement under oath and submit to
interviews by the government and the U.S. Probation Office regarding the
Defendant's capacity to satisfy any fines or restitution. The Defendant
expressly authorizes the U.S. Attorney's Office to immediately obtain a
credit report on the Defendant in order to evaluate the Defendant's ability to
satisfy any financial obligation imposed by the Court. The Defendant
understands that the Defendant has a continuing obligation to pay in full as
soon as possible any financial obligation imposed by the Court.

C. Fines: The Defendant understands that the Court may impose a fine
pursuant to 18 U.S.C. §§ 3571 and 3572.

The Defendant understands that the obligations of the Government within the Plea
Agreement are expressly contingent upon the Defendant’s abiding by federal and state laws
and complying with any bond executed in this case. In the event that the Defendant fails
to comply with any of the provisions of this Agreement, either express or implied, the
Government will have the right, at its sole election, to void all of its obligations under this
Agreement and the Defendant will not have any right to withdraw his/her plea of guilty to
the offense(s) enumerated herein.

Cooperation and Forfeiture

The Defendant agrees to be fully truthful and forthright with federal, state and local law
enforcement agencies by providing full, complete and truthful information about all
criminal activities about which he/she has knowledge. The Defendant must provide full,
complete and truthful debriefings about these unlawful activities and must fully disclose
and provide truthful information to the Government including any books, papers, or
documents or any other items of evidentiary value to the investigation. The Defendant

must also testify fully and truthfully before any grand juries and at any trials or other

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proceedings if called upon to do so by the Government, subject to prosecution for perjury
for not testifying truthfully. The failure of the Defendant to be fully truthful and forthright
at any stage will, at the sole election of the Government, cause the obligations of the
Government within this Agreement to become null and void. Further, it is expressly agreed
that if the obligations of the Government within this Agreement become null and void due
to the lack of truthfulness on the part of the Defendant, the Defendant understands that:

A. the Defendant will not be permitted to withdraw his/her plea of guilty to the
offenses described above;

B. all additional charges known to the Government may be filed in the
appropriate district;

C. the Government will argue for a maximum sentence for the offense to which
the Defendant has pleaded guilty; and

D. the Government will use any and all information and testimony provided by
the Defendant pursuant to this Agreement, or any prior proffer agreements,
in the prosecution of the Defendant of all charges.

The Defendant agrees to submit to such polygraph examinations as may be requested by
the Government and agrees that any such examinations shall be performed by a polygraph
examiner selected by the Government. Defendant further agrees that his/her refusal to take
or his/her failure to pass any such polygraph examination to the Government’s satisfaction
will result, at the Government’s sole discretion, in the obligations of the Government within
the Agreement becoming null and void.

The Government agrees that any self-incriminating information provided by the Defendant
as a result of the cooperation required by the terms of this Agreement, although available

to the Court, will not be used against the Defendant in determining the Defendant’s

applicable guideline range for sentencing pursuant to the United States Sentencing

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Commission Guidelines. The provisions of this paragraph shall not be applied to restrict

any such information:

A. known to the Government prior to the date of this Agreement,

B concerning the existence of prior convictions and sentences;

C. in a prosecution for perjury or giving a false statement;

D in the event the Defendant breaches any of the terms of the Plea Agreement,
or

E. used to rebut any evidence or arguments offered by or on behalf of the

Defendant (including arguments made or issues raised sua sponte by the

District Court) at any stage of the criminal prosecution (including bail, trial,

and sentencing).
Provided the Defendant cooperates pursuant to the provisions of this Plea Agreement, and
that cooperation is deemed by the Government as providing substantial assistance in the
investigation or prosecution of another person, the Government agrees to move the Court
for a downward departure or reduction of sentence pursuant to United States Sentencing
Commission Guidelines § 5K1.1, 18 U.S.C. § 3553(e) or Federal Rule of Criminal
Procedure 35(b). Any such motion by the Government is not binding upon the Court, and
should the Court deny the motion, the Defendant will have no right to withdraw his/her
plea.
The Defendant agrees to voluntarily surrender to, and not to contest the forfeiture of any
and all assets and property, or portions thereof, which are subject to forfeiture pursuant to
any provision of law, including but not limited to, property in the possession or control of
the Defendant or Defendant’s nominees. Specifically, the Defendant agrees to voluntarily

surrender, and not contest the forfeiture of property identified in the Information, and any

forfeiture Bill of Particulars which includes, but is not limited to, the following:

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2:22-cr-00454-DCN Date Filed 05/25/22 = Entry Number 4 Page 6 of 12

A. Cash Proceeds/Forfeiture Judgment:

A sum of money equal to all property the Defendant obtained as a result of
the wire fraud offenses charged in this Information, and all interest and
proceeds traceable thereto as a result of her violation of 18 U.S.C. 9§
371 and 1343.

B. Bank Accounts:

(1)

(2)

(3)

(4)

(5)

(6)

$24.59 in funds from BB&T Truist Bank account x7861 in the name
of Lori Hammond and Coastal Document Services

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002262

$1,850.40 in funds from BB&T Truist Bank account x5638 in the name
of Lori Hammond and Coastal Document Services

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002261

$1,191.39 in funds from BB&T Truist Bank account x5611 in the name
of Lori Hammond dba High Voltage Retros

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002260

$1,341,833.43 in funds from BB&T Truist Bank account x5603 in the
name of Lori Hammond

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002259

$76.00 in funds from BB&T Truist Bank account x5581 in the name of
Lori Hammond

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002258

$742.84 in funds from BB&T Truist Bank account x5573 in the name of
Lori Hammond

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002257

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2:22-cr-00454-DCN Date Filed 05/25/22 = Entry Number 4 Page 7 of 12

D.

(7)

(8)

(9)

$12,603.52 in funds from BB&T / Truist Bank account x5565 in the name
of Lori Hammond

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002256

$414.58 in funds from BB&T / Truist Bank account x9125 in the name
of Lori Hammond

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002255

$408.90 in funds from BB&T / Truist Bank account x2850 in the name of
Lori Hammond

Seized From: Lori Hammond

Seizure Date: January 25, 2021

Asset ID: 21-FBI-002254

Real Property:

{2 Plantation Drive

Manning, South Carolina 29102
Parcel ID: 162-00-01-034-00

Titled in the name of: Lori Hammond
Asset ID: 21-FBI-001801

Vehicle:

2020 Ford Mustang
VIN: 1FA6P88J1L5502622
Titled in the name of: Lori Denise Hammond

With regard to each and every asset listed in the Information or seized in a related

investigation or administrative, state, or local action, the Defendant stipulates and agrees:

The Defendant agrees and consents to the forfeiture of these assets pursuant to any
federal criminal, civil judicial or administrative forfeiture action. The Defendant also
hereby. agrees to waive all constitutional, statutory and procedural 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 described herein constitutes an excessive fine, was not properly noticed in

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2:22-cr-00454-DCN Date Filed 05/25/22 = Entry Number 4 Page 8 of 12

the charging instrument, addressed by the Court at the time of the guilty plea,
announced at sentencing, or incorporated into the judgment.

To its forfeiture herein, if necessary as substitute property under 21 U.S.C. § 853(p), as
made applicable by 18 U.S.C. § 982(b)(1) or any other statute, or in a separate
administrative or civil judicial proceeding.

That the Defendant has or had a possessory interest or other legal interest in each item
or property.

To assist the United States in the recovery of all assets by (i) taking whatever steps are
necessary or requested by the United States to pass clear title to the United States; (ii)
preventing the disbursement of any moneys and sale of any property or assets; (iii) not
encumbering or transferring any real estate after the Defendant’s signing of this Plea
Agreement; and (iv) directing all financial institutions to turn over and surrender to the
United States all funds and records regarding accounts listed in any document signed
by the Defendant pursuant to this plea agreement, as criminal proceeds or substitute

property.

The Defendant waives all rights to notice of forfeiture under Rule 32.2 and of any other
action or proceeding regarding such assets. The Defendant consents and waives all
rights to compliance by the United States with any applicable deadlines under 18
U.S.C. § 983(a). Any related administrative claim filed by the Defendant is hereby
withdrawn.

Pursuant to Rule 32.2(b)(4), the Defendant agrees that the preliminary order of
forfeiture will satisfy the notice requirement and will be final as to the Defendant at the
time it is entered. In the event the forfeiture is omitted from the judgment, the
Defendant agrees that the forfeiture order may be incorporated into the written
judgment at any time pursuant to Rule 36.

If the United States discovers that the Defendant has not fully disclosed all assets, the
United States may seek forfeiture of any subsequently-discovered assets, and the
Defendant agrees to the immediate forfeiture of any such assets.

The Defendant further agrees to make a full and complete disclosure of all assets over
which Defendant exercises control and those which are held or controlled by nominees.
The Defendant agrees that Federal Rule of Criminal Procedure 11 and § 1B1.8 of the
United States Sentencing Commission Guidelines will not protect from forfeiture,
assets disclosed by the Defendant as part of his/her cooperation. The Defendant further
agrees to submit to a polygraph examination on the issue of assets if it is deemed
necessary by the United States.

The Defendant agrees to waive any double jeopardy claims the Defendant may have as
aresult of a forfeiture proceeding against any of these properties as provided for by this

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2:22-cr-00454-DCN Date Filed 05/25/22 = Entry Number 4 Page 9 of 12

10.

1.

Plea Agreement and agrees to waive any claims that the forfeiture described herein
constitutes an excessive fine.

Forfeiture of the Defendant’s assets shall not be treated as satisfaction of any fine,
restitution, cost of imprisonment, or any other penalty the Court may impose upon the
Defendant in addition to forfeiture. The United States may use the value of forfeited
property for restitution, but is not required to do so.
The Defendant also agrees to voluntarily transfer all right, title, interest and claim in the
above-described property and/or assets to the United States of America. Furthermore, the
Defendant attests, under penalty of perjury, that the Defendant owns the above-described
property and/or assets free of any liens and encumbrances, and that no other person or

entity has a claim to the above-described property and/or assets.

Merger and Other Provisions

The Defendant and the Government stipulate and agree, for purposes of calculating the
Defendant’s sentence pursuant to the United States Sentencing Commission Guidelines,
that the loss attributable to the Defendant is $5,523,638.50. The Defendant understands
that these stipulations are not binding upon the Court or the United States Probation Office,
and that the Defendant has no right to withdraw his/her plea should these stipulations not
be accepted. Further, the Defendant understands and acknowledges that these stipulations
are binding on the Government only in the event that the Defendant complies with ALL of
the terms of this Agreement and does not contest any of the above stipulations or any
readily provable relevant conduct.

The Defendant represents to the court that he/she has met with his/her attorney on a

sufficient number of occasions and for a sufficient period of time to discuss the Defendant’s

case and receive advice; that the Defendant has been truthful with his/her attorney and

related all information of which the Defendant is aware pertaining to the case; that the

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12.

13,

Defendant and his attorney have discussed possible defenses, if any, to the charges in the
Indictment including the existence of any exculpatory or favorable evidence or witnesses,
discussed the Defendant's right to a public trial by jury or by the Court, the right to the
assistance of counsel throughout the proceedings, the right to call witnesses in the
Defendant’s behalf and compel their attendance at trial by subpoena, the right to confront
and cross-examine the Government’s witnesses, the Defendant’s right to testify in his own
behalf, or to remain silent and have no adverse inferences drawn from his/her silence; and
that the Defendant, with the advice of counsel, has weighed the relative benefits of a trial
by jury or by the Court versus a plea of guilty pursuant to this Agreement, and has entered
this Agreement as a matter of the Defendant’s free and voluntary choice, and not as a result

of pressure or intimidation by any person.

The Defendant is aware that 18 U.S.C. § 3742 and 28 U.S.C. § 2255 afford every defendant

certain rights to contest a conviction and/or sentence. Acknowledging those rights, the
Defendant, in exchange for the concessions made by the Government in this Plea
Agreement, waives the right to contest either the conviction or the sentence in any direct
appeal or other post-conviction action, including any proceedings under 28 U.S.C. § 2255.
This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial
misconduct, or future changes in the law that affect the Defendant’s sentence. This
Agreement does not affect the rights or obligations of the Government as set forth in 18
U.S.C. § 3742(b). Nor does it limit the Government in its comments in or responses to any
post-sentencing matters.

The Defendant waives all rights, whether asserted directly or by a representative, to request

or receive from any department or agency of the United States any records pertaining to

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2:22-cr-00454-DCN Date Filed 05/25/22 Entry Number 4 Page 11 of 12

14.

the investigation or prosecution of this case, including without limitation any records that
may be sought under the Freedom of Information Act, 5 U.S.C. § 5 §2, or the Privacy Act
of 1974, 5 U.S.C. § 552a.

The parties hereby agree that this Plea Agreement contains the entire agreement of the
parties; that this Agreement supersedes all prior promises, representations and statements
of the parties; that this Agreement shall not be binding on any party until the Defendant
tenders a plea of guilty to the court having jurisdiction over this matter; that this Agreement
may be modified only in writing signed by all parties; and that any and all other promises,
representations and statements, whether made prior to, contemporaneous with or after this

Agreement, are null and void.

Date
Date Jdck Bwerling/Esquire
efénse Attorney
Date Alissa Wilson, Esquire
Defense Attorney
COREY F. ELLIS
UNITED STATES ATTORNEY
Date isa se (Fed. De 12300)

Assistant United States Attorney

Page 11 of 12
2:22-cr-00454-DCN

Date Filed 05/25/22 Entry Number 4 Page 12 of 12

U.S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Amount

This statement reflects your special assessment only. There may be other penalties imposed
at sentencing. This Special Assessment is due and payable at the time of the execution of

the plea agreement.

ACCOUNT INFORMATION
CRIM. ACTION NO.: eR E
DEFENDANT'S NAME: FR ORK
PAY THIS AMOUNT: $100.00 per count
PAYMENT DUE ON OR (date plea agreement signed)
BEFORE:

MAKE CHECK OR MONEY ORDER PAYABLE TO:
CLERK, U.S. DISTRICT COURT

PAYMENT SHOULD BE SENT TO:
Clerk, U.S. District Court
Matthew J. Perry, Jr. Courthouse

901 Richland Street
Columbia, SC 29201

OR HAND DELIVERED TO:

Clerk's Office

Matthew J. Perry, Jr. Courthouse

901 Richland Street

Columbia, SC 29201 (Mon. — Fri. 8:30 a.m.— 4:30 p.m.)

INCLUDE DEFENDANT'S NAME ON CHECK OR MONEY ORDER (Do Not send cash)

ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF

PAYMENT

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