United States v. Dent Hunter — Plea Agreement Letter, Eastern District of Louisiana (Document 35)
Summary
A plea agreement letter from Assistant United States Attorney Edward J. Rivera to Judge Darrel James Papillion of the United States District Court for the Eastern District of Louisiana in United States v. Dent Hunter, Criminal Docket No. 23-59 "P", filed January 30, 2024 as Document 35, reviewed by defense counsel Brian Capitelli. The defendant agrees to plead guilty to count one, making false statements under Title 18, United States Code, Section 1001, and count three, money laundering under Section 1957, and the government agrees to dismiss counts two and four at sentencing. The maximum penalties are five years on count one and ten years on count three. The defendant acknowledges a minimum loss to the Small Business Administration of $1,004,203.00, less amounts repaid, and agrees to forfeiture and a broad waiver of appeal rights.
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“United States v. Dent Hunter — Plea Agreement Letter, Eastern District of Louisiana (Document 35).”
Original at ecf.laed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-hunter-dkt-35-a19d00ccc6/
, SHA-256 38c27140258e34a7e84d05dc3928b0eb11edce1d10d0f693a265ef1a9a0c6b3d.Full text
Case 2:23-cr-00059-DJP-KWR Document 35 Filed 01/30/24 Page 1 of 5
U.S. Department of Justice
United States Attorney
Eastern District of Louisiana
Edward J. Rivera 650 Poydras Street. Suite I 600 Telephone: 504 -680-3 I 63
Assistant United States Attorney Nev Orleans. Louisiana 70 I 30 Fax: 504 -589-4395
January 30,2024
Honorable Darrel James Papillion
United States District Judge
Eastem District of Louisiana
500 Poydras Street, Room C-555
New Orleans, Louisiana 70130
Re: United States v. Dent Hunter
Criminal Docket No. 23-59 "P"
Dear Judge Papillion,
In compliance with the holding of Bryan v. United States,492F.2d775 (5th Cft. 1974),
and with Rule I I of the Federal Rules of Criminal Procedure, the Government wishes to
acknowledge the following agreement between the Government and Dent Hunter, the defendant,
in the above-captioned proceeding. Defendant's undersigned counsel, Brian Capitelli, has
reviewed the terms of this agreement and has 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
counts one and three of the Indictment now pending against him, charging the defendant with one
count of making false statements, in violation of Title 18, United States Code, Section 1001 (count
one), and one count of money laundering, in violation of Title 18, United States Code, Section
1957 (count three), the Government agrees that it will not bring any other criminal charges in the
Eastem District of Louisiana arising from the conduct detailed in Indictment and Factual Basis as
long as the defendant has truthfully informed law enforcement officials of the full and complete
details of those crimes prior to his guilty plea in this case. The defendant understands that this does
not apply to crimes of violence that the defendant may have committed. The Government will also
agree to dismiss at sentencing Counts two and four of the Indictment. The defendant understands
and agrees, however, that he is to pay full restitution to the victim(s) identified in this agreement,
regardless of whether he is charged for that particular fraud and/or theft.
AUSA
Defendant
Defense
Case 2:23-cr-00059-DJP-KWR Document 35 Filed 01/30/24 Page 2 of 5
The defendant further understands that the maximum penalty defendant may receive should
defendant's plea of guilty be accepted to count one is five (5) years imprisonment and/or a fine of
$250,000, 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 defendant further understands that
the maximum penalty defendant may receive should defendant's plea of guilty be accepted to count
three is ten (10) years imprisonment and/or a fine of $250,000, 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 as to each count.
Further, the Govemment and the defendant agree that the defendant will make restitution
for all losses relating to the offense of conviction and all losses covered by the same course of
conduct or common scheme or plan as the offense of conviction. The exact restitution figure will
be calculated and recommended by United States Probation and, ultimately, determined and
ordered by the Court. It is also understood that the restitution provisions of Sections 3663 and
3663A of Title 18, United States Code, will apply and the defendant agrees that any restitution
imposed will be non-dischargeable in any bankruptcy proceeding and that defendant will not seek
or cause to be sought a discharge or a finding of dischargeability as to the restitution obligation.
At a minimum, the defendant acknowledges a loss to victim United States Small Business
Administration in the amount of $1,004,203.00, less any amount already repaid; plus interest and
processing fees to be determined at sentencing.
Further, the defendant understands that a mandatory special assessment fee of $ 100.00 per
count shall be imposed under the provisions of Section 3013 of Title 1 8, 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.
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 (3) years for counts one
and two (consecutively or concurrently for each count) 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, 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.
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 his conviction,
sentence, restitution, fine, and judgment imposed by the Court. Defendant also understands that he
may have the right to file collateral challenges to his conviction and 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. 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
Page 2 of 5
AUSA__f--
Defendant.*
Defense c*"'fE
Case 2:23-cr-00059-DJP-KWR Document 35 Filed 01/30/24 Page 3 of 5
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, subject only to the exceptions indicated in subsection (d)
below, the defendant, in exchange for the promise(s) and agreement(s) made by the United States
in this plea agreement, knowingly and voluntarily:
a. Waives and gives up any right to appeal or contest his guilty plea, conviction, sentence,
fine, supervised release, 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 his sentence, 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 l29l;
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 his sentence 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 challenge his sentence collaterally, including but not
limited to any and all rights which arise under Title 28, United States Code, Sections 2255 and
224l,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 his
sentence ofany kind; and
d. 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.
The defendant further waives any right to seek attorney's fees and/or other litigation
expenses under the "Hyde Amendment," Title 18, United States Code, Section 30064 and the
defendant acknowledges that the Government's position in the instant prosecution was not
vexatious, frivolous or in bad faith.
The defendant understands that any discussions with 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
Section 181.3 of 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 ofthe defendant.
Page 3 of5
AUSAry
Defendant fr
Defense Cornr.fl7
I
Case 2:23-cr-00059-DJP-KWR Document 35 Filed 01/30/24 Page 4 of 5
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 al0(a) of the
Federal Rules of Evidence upon signing this plea agreement and the factual basis. The defendant
understands and agrees that in the event the defendant violates the plea agreement, withdraws his
decision to plead guilty, his 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.
The defendant agrees to forfeit and give to the United States prior to the date of sentencing
any right, title and interest which the defendant may have in assets constituting or derived from
proceeds the defendant obtained directly or indirectly as a result of the violation(s) to which he is
pleading guilty and/or which are assets used or intended to be used in any manner or part to commit
and to facilitate the commission of the violation(s) to which defendant is pleading guilty. The
defendant further agrees not to contest the administrative, civil or criminal forfeiture of any such
asset(s). These assets include, but are not limited to, any assets charged in the Indictment,
Information or any Bill of Particulars filed by the United States. The defendant agrees that any
asset charged in the Indictment, Information or Billof Particulars is forfeitable as proceeds of the
illegal activity for which he is pleading guilty. With respect to any asset which the defendant has
agreed to forfeit, the defendant waives any constitutional and statutory challenges in any manner
(including direct appeal, collateral challenges of any type, habeas corpus motions or petitions, 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 under the Eighth
Amendment to the United States Constitution.
T'he defendant further agrees to submit to interviews whenever and wherever requested by
law enforcement authorities regarding all assets currently or previously within defendant's
possession. It is also understood that defendant will provide any and all financial information and
documentation requested by the government, agrees to voluntarily execute a complete and
thorough Financial Statement of Debtor, and further agrees to provide the requested List of ltems
that is attached to the Financial Statement. The defendant understands this information may be
provided to a representative of any victim of this offense. The defendant recognizes that any
Page 4 of5
AUSAM
Defendant3ft!
Defense Counfl_
Case 2:23-cr-00059-DJP-KWR Document 35 Filed 01/30/24 Page 5 of 5
criminal monetary penalty, whether special assessment, criminal fine, or restitution, that is owed
as a result of his conviction will be immediately submitted to the Treasury Offset Program. The
defendant waives any objection to his inclusion in the Treasury Offset Program.
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.
Respectfully,
DUANE A. EVANS
LINITED STATES ATTORNEY
xD
EDW Date
Assistant United States Attomey
('
Date
Attorney for the Defendant
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HUNTER
Defendant
Page 5 of 5
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