United States v. Joseph Harding — Plea Agreement, Northern District of Florida (Document 28)

Summary

A plea agreement between Joseph Harding, defense attorney Peg O'Connor and the United States Attorney for the Northern District of Florida in Case No. 1:22cr32-AW/MAL, filed March 21, 2023 as Document 28. Harding agrees to plead guilty to Count One (Wire Fraud), Count Three (Money Laundering) and Count Five (False Statements), and the government will move to dismiss the remaining counts at sentencing. The agreement lists maximum terms of twenty years' imprisonment on Count One, ten years' on Count Three and five years' on Count Five, each with a $250,000 fine. It leaves the sentence to the court's discretion and states that Harding already paid the U.S. Small Business Administration $50,000 on or about March 18, 2021 and $99,000 on or about April 9, 2021 as restitution.

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Case 1:22-cr-00032-AW-MAL Document 28 Filed 03/21/23 Page1of6

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
UNITED STATES OF AMERICA
M. CASE NO. 1:22cr32-AW/MAL

JOSEPH HARDING
/

PLEA AGREEMENT

1. PARTIES TO AGREEMENT
This agreement is entered into by and between Joseph Harding as Defendant,
Peg O’Connor as attorney for Defendant, and the 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 (Wire Fraud), Count Three
(Money Laundering), and Count Five (False Statements) of the Indictment, and the
government will move to dismiss the remaining counts at sentencing. As to Count

One, Defendant faces a maximum term of twenty years’ imprisonment, three years

Filed in Open Court
Clerk, U.S. District Court

Northern District of Florida
Case 1:22-cr-00032-AW-MAL Document 28 Filed 03/21/23 Page 2of6

of supervised release, a $250,000 fine, and a $100 special monetary assessment. As
to Count Three, Defendant faces a maximum term of ten years’ imprisonment, three
years of supervised release, a $250,000 fine, and a $100 special monetary
assessment. As to Count Five, Defendant faces a maximum term of five years’
imprisonment, one year of supervised release, a $250,000 fine, and a $100 special
monetary assessment. Defendant agrees to pay the special monetary assessment(s)
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 charge(s) in the Indictment,
Defendant, as to the count(s) 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.
2
Case 1:22-cr-00032-AW-MAL Document 28 Filed 03/21/23 Page3of6

c. Defendant is pleading guilty because Defendant is in fact guilty of the
charges alleged in Counts One, Three, and Five of the Indictment. In pleading guilty,
Defendant acknowledges that were this case to go to trial, the government would
present evidence to support the charge(s) beyond a reasonable doubt.

d. | Upon the District Court's adjudication of guilt of Defendant for the
charged crime(s), the 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 charge(s), 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
3
Case 1:22-cr-00032-AW-MAL Document 28 Filed 03/21/23 Page4of6

sentence is limited only by the statutory maximum sentence and any mandatory
minimum sentence prescribed by statute for the offense(s).

h. Both parties reserve the right to advise the District Court and other
authorities of their versions of the circumstances surrounding the offense(s)
committed by Defendant. The 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.
Case 1:22-cr-00032-AW-MAL Document 28 Filed 03/21/23 Page5of6

c. The parties reserve the right to appeal any sentence imposed.
4. VICTIM RESTITUTION
Defendant had agreed to make full restitution to the victim, and already paid
the U.S. Small Business Administration $50,000 on or about March 18, 2021, and
$99,000 on or about April 9, 2021.

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 United
States Attorney. The parties agree to the Supplement to Plea Agreement entered in

this case.
Case 1:22-cr-00032-AW-MAL Document 28 Filed 03/21/23. Page6of6

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

JASON R. COODY

United States Attorney
A

Peggy-Anne O’Connor for’ Justin M. Keen

Attorney for Defendant Florida Bar No. 021034
Assistant United States Attorney

MAR. 2), ZO23 Northern District of Florida

Date 111 North Adams Street, 4" Floor
Tallahassee, FL 32301

Defendant

Date Date

6


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