United States v. Bryan Elon Jackson — Guilty Plea Agreement, Eastern District of Pennsylvania (Document 8)

Summary

In this guilty plea agreement filed 09/03/26 in the Eastern District of Pennsylvania (Criminal No. 26-368), Bryan Elon Jackson agrees to waive prosecution by indictment and plead guilty to Count One of an information charging conspiracy to commit wire fraud affecting a financial institution, in violation of 18 U.S.C. § 1349. The agreement says the charge arises from a conspiracy that defrauded financial institutions and the Small Business Administration with fraudulent loan applications from 2017 through at least 2021. It lists a statutory maximum of 30 years of imprisonment and a fine of $1,000,000, and says full restitution of as much as $339,861 shall be ordered. The parties stipulate that the fraud loss for which Jackson is responsible is between $250,000 and $550,000.

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Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page1of13

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
v. : CRIMINAL NO. 26-368

BRYAN ELON JACKSON

GUILTY PLEA AGREEMENT

Under Rule 11 of the Federal Rules of Criminal Procedure, the government, the
defendant, and the defendant’s counsel enter into the following guilty plea agreement. Any
reference to the United States or the government in this agreement shall mean the Office of the
United States Attorney for the Eastern District of Pennsylvania and the United States Department
of Justice, Criminal Division - Money Laundering and Asset Recovery Section.

1. The defendant agrees to plead guilty to Count One of an information, waiving
prosecution by indictment, charging him with conspiracy to commit wire fraud affecting a
financial institution, in violation of 18 U.S.C. § 1349, and not to contest forfeiture as set forth in
the notice of forfeiture charging criminal forfeiture under 18 U.S.C. § 982, all arising from his
participation in a conspiracy which defrauded financial institutions and the Small Business
Administration by using fraudulent loan applications to obtain loans for which they were not
qualified from 2017 through at least 2021. The defendant further acknowledges his waiver of
rights, as set forth in the attachment to this agreement.

2. The defendant understands, agrees, and has had explained to him by counsel that
the following statutory maximum sentences apply in this case: For Count One, charging

conspiracy to commit wire fraud affecting a financial institution, a term of imprisonment of 30
years, a term of supervised release of 5 years, a fine of $1,000,000, and a special assessment of
$100. Full restitution of as much as $339,861 also shall be ordered. Forfeiture of all proceeds
from offense also may be ordered. The defendant further understands that supervised release may
be revoked if its terms and conditions are violated. When supervised release is revoked, the
original term of imprisonment may be increased by up to 3 years on Count One. Thus, a
violation of supervised release increases the possible period of incarceration and makes it
possible that the defendant will have to serve the original sentence, plus a substantial additional
period, without credit for time already spent on supervised release.
3. The government may:

a. Make whatever sentencing recommendation as to imprisonment, fines,
forfeiture, restitution, and other matters which the government deems appropriate.

b. Comment on the evidence and circumstances of the case; bring to the
Court’s attention all facts relevant to sentencing including evidence relating to dismissed counts,
if any, and to the character and any criminal conduct of the defendant; address the Court
regarding the nature and seriousness of the offense; respond factually to questions raised by the
Court; correct factual inaccuracies in the presentence report or sentencing record; and rebut any
statement of facts made by or on behalf of the defendant at sentencing.

c. Nothing in this agreement shall limit the government in its comments in,
and responses to, any post-sentencing matters.

4, In order to facilitate the collection of the criminal monetary penalties to be

imposed in connection with this prosecution, the defendant agrees fully to disclose all income,

assets, liabilities, and financial interests, held directly or indirectly, whether held in his own
Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page 3of13

name or in the name of a relative, spouse, associate, another person, or entity, and whether held
in this country or outside this country. Accordingly:

a, The defendant will submit a completed Financial Statement of Debtor to
the U.S. Attorney’s Office, in a form it provides and as it directs, within 14 days of execution of
this plea agreement. The defendant promises that his financial statement and disclosures will be
complete, accurate, and truthful.

b. The defendant expressly authorizes the U.S. Attorney’s Office to obtain a
credit report on him in order to evaluate the defendant’s ability to satisfy any monetary penalty
imposed by the Court.

c. Upon request by the United States, the defendant also agrees to submit to a
financial deposition or interview prior to sentencing, and provide all documents within the
defendant’s possession or control as requested by the U.S. Attorney’s Office regarding the
defendant’s financial resources and that of the defendant’s household.

d. The defendant agrees not to transfer, assign, dispose, remove, conceal,
pledge as collateral, waste, or destroy property with the effect of hindering, delaying, or
defrauding the United States or victims. The defendant otherwise shall not devalue any property
worth more than $1,000 before sentencing, without the prior approval of the United States.

e. The defendant also agrees to execute any documents necessary to release
any funds held in any repository, bank, investment, other financial institution, or any other
location in order to make partial or total payment toward any monetary penalty that the Court
may impose.

f. If the defendant fails to comply with this paragraph of the plea agreement

or if any of the defendant’s representations pursuant to the requirements set forth in this
Case 2:26-cr-00368-WB Document8 Filed 09/03/26 Page4of13

paragraph are false or inaccurate, the government may elect to: void this agreement; consider
such representations in deciding whether to file or withdraw any motion under Guideline Section
5K1.1; and/or argue that the defendant is not entitled to a downward adjustment for acceptance
of responsibility under Guideline Section 3E1.1. The government may also elect to: void the
forfeiture portion of the agreement and try the forfeiture before the Court and seek a larger
forfeiture; and/or pursue any and all forfeiture remedies available at law or equity. The defendant
agrees to waive any right to a trial by jury on all forfeiture issues, and to waive any claim at trial
based on any statute of limitations.

5. The defendant agrees to pay a fine and restitution as ordered by the Court. The
defendant agrees that any restitution or fine imposed by the Court shall be due and payable
immediately and on such terms and conditions that the Court may impose. In the event the Court
imposes a schedule for the payment of restitution or fine, the defendant understands and agrees
that such a schedule represents a minimum payment obligation and does not preclude the United
States Attorney’s Office from pursuing any other means by which to satisfy the defendant’s full
and immediately enforceable financial obligation under applicable federal and/or state law.

6. The defendant agrees that forfeiture, restitution, fine, assessment, tax, interest, or
other payments in this case do not constitute extraordinary acceptance of responsibility or
provide any basis to seek a downward departure or variance from the applicable Sentencing
Guideline range.

7. The defendant agrees to pay the special victims/witness assessment in the amount
of $100 before the time of sentencing and shall provide a receipt from the Clerk to the
government before sentencing as proof of this payment.

8. The parties agree to the following with respect to the forfeiture of assets:
Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page5of13

a. The defendant agrees to forfeit his right, title, and interest in the proceeds
that he obtained from the offense of conspiracy to commit wire fraud affecting a financial
institution, as charged in Count One of the information in this case, to be determined by the
Court at the time of sentencing, and agrees to the entry of a money judgment against him in this
amount. The defendant agrees that, due to the defendant’s acts or omissions, these proceeds are
not currently available to the government for forfeiture, that the conditions of 21 U.S.C.

§ 853(p)(1)(A)-(E) have been met, and that the government is entitled to the forfeiture of
substitute assets because one or more of the conditions in 21 U.S.C. § 853(p) have been met.

b. The defendant agrees to the entry of a preliminary order of forfeiture
pursuant to Federal Rule of Criminal Procedure 32.2(b) as soon as possible after the guilty plea
and before sentencing. Pursuant to Rule 32.2(b)(4), the defendant further agrees that, upon the
request of the government, the preliminary order of forfeiture may be made final before his
sentencing. The defendant waives all statutory deadlines, including but not limited to deadlines
set forth in 18 U.S.C. § 983.

c. The defendant acknowledges that forfeiture is part of the sentence that
may be imposed in this case and waives any failure by the Court to advise defendant of this,
pursuant to Federal Rule of Criminal Procedure 11(b)(1)(J), at the time the Court accepts
defendant’s guilty plea. The defendant further waives the requirements of Rules 32.2 and 43(a)
of the Federal Rules of Criminal Procedure regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in
the judgment.

d. The defendant agrees to waive any and all constitutional, statutory, and

other challenges to the forfeiture on any and all grounds, including any claims, defenses, or
Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page 6of13

challenges arising under the Double Jeopardy or Excessive Fines Clauses of the Eighth
Amendment, resulting from any forfeiture imposed in this case and/or any pending or completed
administrative or civil forfeiture actions, and stipulates that such forfeiture is not grossly
disproportionate to his criminal conduct.

9. The defendant may not withdraw his plea because the Court declines to follow
any recommendation, motion, or stipulation by the parties to this agreement. No one has
promised or guaranteed to the defendant what sentence the Court will impose.

10. Pursuant to USSG § 6B1.4, the parties enter into the following stipulations under
the Sentencing Guidelines Manual. It is understood and agreed that: (1) the parties are free to
argue (except as stated below) the applicability of any other provision of the Sentencing
Guidelines, including offense conduct, offense characteristics, criminal history, adjustments, and
departures; (2) these stipulations are not binding upon either the Probation Office or the Court;
and (3) the Court may make factual and legal determinations that differ from these stipulations
and that may result in an increase or decrease in the Sentencing Guidelines range and the
sentence that may be imposed:

a. The parties agree and stipulate that the fraud loss caused in furtherance of
the criminal activity jointly undertaken by the defendant and his co-conspirators for which the
defendant is responsible is between $250,000 and $550,000; this amount was within the scope of
the defendant’s agreement; this amount was reasonably foreseeable to the defendant in
connection with the conspiracy; and the defendant’s Guideline range should be calculated based
on this amount pursuant to USSG § 1B1.3 and 2B1.1(b)(1)(G), increasing the base offense level

by 12 levels.
Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page/7of13

b. The parties agree and stipulate that, as of the date of this agreement, the
defendant has demonstrated acceptance of responsibility for his offense, making the defendant
eligible for a 2-level downward adjustment under USSG § 3E1.1(a).

c. The parties agree and stipulate that, as of the date of this agreement, the
defendant has assisted authorities in the investigation or prosecution of his own misconduct by
timely notifying the government of his intent to plead guilty, thereby permitting the government
to avoid preparing for trial and permitting the government and the court to allocate their
resources efficiently, resulting in a 1-level downward adjustment under USSG § 3E1.1(b), if
such an downward adjustment is applicable under the Sentencing Guidelines..

11. _In exchange for the promises made by the government in entering this plea
agreement, the defendant voluntarily and expressly waives all rights to file any appeal, any
collateral attack, or any other writ or motion that challenges the defendant’s conviction, sentence,
or any other matter relating to this prosecution, including any assessment, forfeiture, restitution,
or the length or condition of supervised release, whether such an appeal, collateral attack, or
other writ or motion arises under 18 U.S.C. § 3742, 28 U.S.C. § 1291, 28 U.S.C. § 2255, or any
other provision of law. As part of this knowing and voluntary waiver of the right to challenge the
conviction and sentence, the defendant expressly waives the right to raise on appeal or on
collateral review any argument that (1) the statute to which the defendant is pleading guilty is
unconstitutional and (2) the admitted conduct does not fall within the scope of the statute.

a. Notwithstanding the waiver provision above, if the government appeals

from the sentence, then the defendant may file a direct appeal of his sentence.
Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page 8of13

b. If the government does not appeal, then notwithstanding the waiver
provision set forth in this paragraph, the defendant may file a direct appeal or petition for
collateral relief but may raise only a claim, if otherwise permitted by law in such a proceeding:

i. that the defendant’s sentence on any count of conviction exceeds
the statutory maximum for that count as set forth in paragraph 2
above;
il. challenging a decision by the sentencing judge to impose an
“upward departure” pursuant to the Sentencing Guidelines;
lil. challenging a decision by the sentencing judge to impose an
“upward variance” above the final Sentencing Guideline range
determined by the Court; and
iv. that an attorney who represented the defendant during the course of
this criminal case provided constitutionally ineffective assistance
of counsel.
If the defendant does appeal or seek collateral relief pursuant to this subparagraph (b), no issue
may be presented by the defendant in such a proceeding other than those described in this
subparagraph (b).

12. The defendant acknowledges that pursuing an appeal or any collateral attack
waived in the preceding paragraph may constitute a breach of this plea agreement. The
government recognizes that the mere filing of a notice of appeal is not a breach of the plea
agreement. The government may declare a breach only after the defendant or his counsel
thereafter states, either orally or in writing, a determination to proceed with an appeal or

collateral attack raising an issue the government deems barred by the waiver. The parties
Case 2:26-cr-00368-WB Document8 - Filed 09/03/26 Page9of13

acknowledge that the pursuit of an appeal constitutes a breach only if a court determines that the
appeal does not present an issue that a judge may reasonably conclude is permitted by an
exception to the waiver stated in the preceding paragraph or constitutes a “miscarriage of justice”
as that term is defined in applicable law.

13. The defendant waives any claim under the Hyde Amendment, 18 U.S.C. § 3006A
(Statutory Note), for attorney’s fees and other litigation expenses arising out of the investigation
or prosecution of this matter.

14. 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 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. § 552, or the Privacy Act, 5 U.S.C. §
552a.

15. The defendant is satisfied with the legal representation provided by the
defendant’s lawyer; the defendant and this lawyer have fully discussed this plea agreement; and
the defendant is agreeing to plead guilty because the defendant admits that he is guilty.

16. The parties have also entered a supplemental agreement that is filed under seal. It
is agreed that the parties’ guilty plea agreement, along with the sealed supplement, presents the
entire agreement of the parties with regard to the defendant’s guilty plea and sentence. The
parties agree that neither has made any additional promise, agreement, or understanding other
than those set forth in this written guilty plea agreement and the sealed supplement, and that no

additional promises, agreements, or understandings will be entered into unless in writing and
Case 2:26-cr-00368-WB Document8 Filed 09/03/26 Page 10of13

signed by all parties. In addition, the prior off-the-record proffer letter dated June 1, 2023 is

revoked as of the date this plea is entered.

DAVID METCALF
= United States Attorney

TOU mer, /s/ Patrick J. Murray for
BRYAN ELON JACKSON SALVATORE L. ASTOLFI
Defendant | J Chief, Criminal Division

Assistant United States Attorney
ft A. iY, /s/ Judy G. Smith
DOUGLAS STERN, ESQ. JUDY G. SMITH
Counsel for the Defendant Assistant United States Attorney

Date: fc

a 10s
Case 2:26-cr-00368-WB Document8 - Filed 09/03/26 Page 11 of 13

Attachment

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
v. : CRIMINAL NO. 26-368

BRYAN ELON JACKSON

ACKNOWLEDGMENT OF RIGHTS

I hereby acknowledge that J have certain rights that I will be giving up by pleading guilty.

1. I understand that I do not have to plead guilty.
2. I may plead not guilty and insist upon a trial.
3, At that trial, | understand
a. that I would have the right to be tried by a jury that would be selected

from the Eastern District of Pennsylvania and that along with my attorney, I would have the right
to participate in the selection of that jury;

b. that the jury could only convict me if all 12 jurors agreed that they were
convinced of my guilt beyond a reasonable doubt;

C. that the government would have the burden of proving my guilt beyond a
reasonable doubt and that I would not have to prove anything;

d. that I would be presumed innocent unless and until such time as the jury
was convinced beyond a reasonable doubt that the government had proven that I was guilty;

e. that I would have the right to be represented by a lawyer at this trial and at
any appeal following the trial, and that if 1 could not afford to hire a lawyer, the court would
appoint one for me free of charge;

f. that through my lawyer I would have the right to confront and cross-
examine the witnesses against me;
Case 2:26-cr-00368-WB Document8 _ Filed 09/03/26 Page 12 of 13

g. that I could testify in my own defense if I wanted to and I could subpoena
witnesses to testify in my defense if I wanted to; and

h. that I would not have to testify or otherwise present any defense if I did
not want to and that if I did not present any evidence, the jury could not hold that against me.

4, I understand that if I plead guilty, there will be no trial and I would be giving up
all of the rights listed above.

5. I understand that if I decide to enter a plea of guilty, the judge will ask me
questions under oath and that if I lie in answering those questions, I could be prosecuted for the
crime of perjury, that is, for lying under oath.

6. I understand that if I plead guilty, I have given up my right to appeal, except as set
forth in the appellate waiver provisions of my plea agreement.

7. Understanding that I have all these rights and that by pleading guilty I am giving them
up, I still wish to plead guilty.

8. I acknowledge that no one has promised me what sentence the Court will impose.
I am aware and have discussed with my attorney that, at sentencing, the Court will calculate the
Sentencing Guidelines range (including whether any departures apply), and then, in determining
my sentence, will consider the Guideline range and all relevant policy statements in the
Sentencing Guidelines, along with other sentencing factors set forth in 18 U.S.C. § 3553(a),
including

(1) the nature and circumstances of the offense and my personal history and
characteristics;

(2) the need for the sentence imposed -- (A) to reflect the seriousness of the offense, to
promote respect for the law, and to provide just punishment for the offense; (B) to afford
adequate deterrence to criminal conduct; (C) to protect the public from further crimes of
the defendant; and (D) to provide the defendant with needed educational or vocational
training, medical care, or other correctional treatment in the most effective manner;

(3) the kinds of sentences available;

(4) the need to avoid unwarranted sentence disparities among defendants with similar
records who have been found guilty of similar conduct; and


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