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United States v. Reginald Devon Kimbrough — Plea Agreement, Southern District of Texas (Document 24)

Summary

The plea agreement in United States v. Reginald Devon Kimbrough, Criminal No. 4:23-CR-464, in the U.S. District Court for the Southern District of Texas, Houston Division, filed February 06, 2025 as Document 24. Kimbrough agrees to plead guilty to Count One of the Indictment, wire fraud under Title 18, United States Code, Section 1343, which carries up to twenty (20) years of imprisonment and a fine of not more than $250,000. The agreement includes cooperation terms, a waiver of appeal and collateral review except for ineffective assistance claims, and a $100.00 special assessment. If Kimbrough pleads guilty to Count One and persists in that plea through sentencing, and if the Court accepts the agreement, the United States will move to dismiss any remaining counts at sentencing. The signature block names Assistant United States Attorney Brian Bajew.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“United States v. Reginald Devon Kimbrough — Plea Agreement, Southern District of Texas (Document 24).” Original at ecf.txsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-kimbrough-dkt-24-5bcf0d7d4e/, SHA-256 3371f223ffe1125095e6bb50c6ee09aaba2583afb757da27adab117f02c857f1.

Full text

     Case 4:23-cr-00464       Document 24         Filed 02/06/25 in TXSD         Page 1 of 18

                                                                                United States Courts
                                                                              Southern District of Texas
                                                                                       FILED
                            UNITED STATES DISTRICT COURT                         February 06, 2025
                                                ·,
                             SOUTHERN DISTRICT OF TEXAS                     Nathan Ochsner, Clerk of Court
                                  HOUSTON DIVISION

UNITED STATES OF AMERICA                          §
                                                  §
v.                                                §   CRIMINAL NO. 4:23-CR-464
                                                  §
REGINALD DEVON KIMBROUGH                          §
AKA: REGINALD KIMBROUGH                           §

                                      PLEA AGREEMENT

        The United States of America, by and through Alamdar S. Hamdani, United States

Attorney for the Southern District of Texas, and Brian Bajew, Assistant United States Attorney,

and the Defendant, REGINALD DEVON KIMBROUGH, AKA: REGINALD KIMBROUGH

("Defendant"), and Defendant's counsel, pursuant to Rule l l(c)(l)(A) of the Federal Rules of

Criminal Procedure, state that they have entered into an agreement, the terms and conditions of

which are as follows:

                                     Defendant's Agreement

        1. Defendant agrees to plead guilty to Count One of the Indictment. Count One charges

the Defendant with Wire Fraud, in violation of Title 18, United States Code, Section 1343.

Defendant, by entering this plea, agrees he is waiving any right to have the facts that the law makes

essential to the punishment either charged in the indictment, or proved to a jury or proven beyond

a reasonable doubt.

                                        Punishment Range

        2. The statutory maximum penalty for a violation of Title 18, United States Code, Section

1343 is imprisonment of up to twenty (20) years and/or a fine not of not more than $250,000.

Additionally, the Defendant may receive a term of supervised release after imprisonment of up to

three (3) years. See Title 18, United States Code, Sections 3559(a)(3) and 3583(b)(l). Defendant
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acknowledges and understands that if he should violate the conditions of any period of supervised

release which may be imposed as part of his sentence, then Defendant may be imprisoned for up

to two (2) years, without credit for time already served on the term of supervised release prior to

such violation. See Title 18, United States Code, Sections 3559(a)(3) and 3583(e)(3). Defendant

understands that he cannot have the imposition or execution of the sentence suspended, nor is he

eligible for parole.

                                 Mandatory Special Assessment

        3. Pursuant to Title 18, United States Code, section 3013(a)(2)(A), immediately after

sentencing, Defendant will pay to the Clerk of the United States District Court a special assessment

in the amount of one hundred dollars ($100.00) per count of conviction. The payment will be by

cashier's check or money order, payable to the Clerk of the United States District Court, c/o District

Clerk's Office, P.O. Box 61010, Houston, Texas 77208, Attention: Finance.

                                   Immigration Consequences

       4. Defendant recognizes that pleading guilty may have consequences with respect to his

immigration status. Defendant understands that if he is not a citizen of the United States, by

pleading guilty he may be removed from the United States, denied citizenship, and denied

admission to the United States in the future. Defendant understands that if he is a naturalized

United States citizen, pleading guilty may result in immigration consequences, such as

denaturalization and potential deportation or removal from the United States. Defendant's attorney

has advised Defendant of the potential immigration consequences resulting from Defendant's plea

of guilty, and Defendant affirms that he wants to plead guilty regardless of any immigration

consequences that may result from the guilty plea and conviction.


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~·                                              Cooperation

 Y~t,\>-    5. The pa ·es understand this agreement carries the potential for a

   f ~nder Section 5K I. I o he Sentencing Guidelines. Defendant understands nd agrees that whether
    such a motion is filed will e determined solely by the United State through the United States

    Attorney for the Southern Distri   of Texas. Should Defendant's co peration, in the sole judgment

    and discretion of the United States, a    unt to "substantial assi ance," the United States reserves

    the sole right to file a motion for depa      re pursuant to   ection 5K 1.1 of the United States




    will request that sentencing be deferred until th

           6. Defendant understands and agrees t t "fully coope            e," as that term is used herein,

    includes providing all information relating to any criminal activity       wn to Defendant, including

    but not limited: wire fraud. Defendant u     erstands that such information ·ncludes both state and

    federal offenses arising therefrom. In th t regard:

           (a)    Defendant agrees tha this plea agreement binds only the United         tes
           Attorney for the Southern D" strict of Texas and Defendant; it does not bind a
           other United States Attorne or any other unit of the Department of Justice;

           (b)     Defendant agrees t testify truthfully as a witness before a grand jury or in
           any other judicial or ad nistrative proceeding when called upon to do so by the
           United States. Defenda further agrees to waive his Fifth Amendment privilege
           against self-incriminati n for the purpose of this agreement;

           (c)    Defendant agr es to voluntarily attend any interviews and conferences as
           the United States may request;

           (d)     Defendant agrees to provide truthful, complete and accurate information
           and testimony and understands any false statements made by the defendant to the
           Grand Jury or at any court proceeding (criminal or civil), or to a government agent


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           attorney, can and will be prosecuted under the
            ment, or obstruction statutes;

        (e)     D
        possess10

        (f)               e recommended departure, if any, not meet De             ant's
        expecta   s, the Defendant understands that he remains bound by the terms of this
             ment and cannot, for that reason alone, withdraw his plea.

               Waiver of Appeal, Collateral Review, and Statute of Limitations

       7. Defendant is aware that Title 28, United States Code, section 1291, and Title 18, United

States Code, section 3742, afford a defendant the right to appeal the conviction and sentence

imposed. Defendant is also aware that Title 28, United States Code, section 2255, affords the right

to contest or "collaterally attack" a conviction or sentence after the judgment of conviction and

sentence has become final. Defendant knowingly and voluntarily waives the right to appeal or

"collaterally attack" the conviction and sentence, except that Defendant does not waive the right

to raise a claim of ineffective assistance of counsel on direct appeal, if otherwise permitted, or on

collateral review in a motion under Title 28, United States Code, section 2255. In the event

Defendant files a notice of appeal following the imposition of the sentence or later collaterally

attacks his conviction or sentence, the United States will assert its rights under this agreement and

seek specific performance of these waivers.

       8. Defendant also agrees that should the conviction following the defendant's plea of guilty

pursuant to this Agreement be vacated for any reason, then any prosecution that is not time-barred

by the applicable statute of limitations on the date of the signing of this agreement (including any

counts that the United States has agreed to dismiss at sentencing pursuant to this Agreement) may

be commenced or reinstated against the defendant, notwithstanding the expiration of the statute of


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limitations between the signing of this Agreement and the commencement or reinstatement of such

prosecution. It is the intent of this Agreement to waive all defenses based on the statute of

limitations with respect to any prosecution that is not time-barred on the date that this Agreement

is signed.

        9. In agreeing to these waivers, Defendant is aware that a sentence has not yet been

determined by the Court. Defendant is also aware that any estimate of the possible sentencing

range under the sentencing guidelines that he may have received from his counsel, the United

States or the Probation Office, is a prediction and not a promise, did not induce his guilty plea, and

is not binding on the United States, the Probation Office or the Court. The United States does not

make any promise or representation concerning what sentence the Defendant will receive.

Defendant further understands and agrees that the United States Sentencing Guidelines are

"effectively advisory" to the Court. See United States v. Booker, 543 U.S. 220 (2005).

Accordingly, Defendant understands that, although the Court must consult the Sentencing

Guidelines and must take them into account when sentencing Defendant, the Court is not bound

to follow the Sentencing Guidelines nor sentence Defendant within the calculated guideline range.

        10. Defendant understands and agrees that each and all waivers contained in the Agreement

are made in exchange for the concessions made by the United States in this plea agreement.

                                 The United States' Agreements

        11. The United States agrees to each of the following:

       (a) If Defendant pleads guilty to Count One of the indictment and persists in that
       plea through sentencing, and if the Court accepts this plea agreement, the United
       States will move to dismiss any remaining counts of the indictment at the time of
       sentencing.



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        (b)     If the Court determines that Defendant qualifies for an adjustment under
        U.S.S.G. § 3El.l(a), and the offense level prior to operation of§ 3El.l(a) is 16 or
        greater, the United States will move under § 3E 1.1 (b) for an additional one-level
        reduction because Defendant timely notified authorities of his intent to plead guilty,
        thereby permitting the United States to avoid preparing for trial and permitting the
        United States and the Court to allocate their resources more efficiently.

                     Agreement Binding - Southern District of Texas Only

        12. The United States Attorney's Office for the Southern District of Texas agrees that it

will not further criminally prosecute Defendant in the Southern District of Texas for the specific

conduct described in the indictment. This plea agreement binds only the United States Attorney's

Office for the Southern District of Texas and Defendant. It does not bind any other United States

Attorney's Office. The United States Attorney's Office for the Southern District of Texas will

bring this plea agreement and the full extent of Defendant's cooperation to the attention of other

prosecuting offices, if requested.

                              United States' Non-Waiver of Appeal

        13. The United States reserves the right to carry out its responsibilities under guidelines

sentencing. Specifically, the United States reserves the right:

       (a)     to bring the facts of this case, including evidence in the files of the United
       States Attorney's Office for the Southern District of Texas or the files of any
       investigative agency, to the attention of the Probation Office in connection with
       that office's preparation of a presentence report;

       (b)     to set forth or dispute sentencing factors or facts material to sentencing;

       (c)    to seek resolution of such factors or facts in conference with Defendant's
       counsel and the Probation Office;

       (d)     to file a pleading relating to these issues, in accordance with section 6A 1.2
       of the United States Sentencing Guidelines and Title 18, United States Code,
       section 3553(a); and

       (e)     to appeal the sentence imposed or the manner in which it was determined.

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                                     Sentence Determination

        14. Defendant is aware that the sentence will be imposed after consideration of the United

States Sentencing Guidelines and Policy Statements, which are only advisory, as well as the

provisions of Title 18, United States Code, section 3553(a). Defendant nonetheless acknowledges

and agrees that the Court has authority to impose any sentence up to and including the statutory

maximum set for the offense to which Defendant pleads guilty, and that the sentence to be imposed

is within the sole discretion of the sentencing judge after the Court has consulted the applicable

Sentencing Guidelines. Defendant understands and agrees that the parties' positions regarding the

application of the Sentencing Guidelines do not bind the Court and that the sentence imposed is

within the discretion of the sentencing judge. If the Court should impose any sentence up to the

maximum established by statute or should the Court order any or all of the sentences imposed to

run consecutively, Defendant cannot, for that reason alone, withdraw a guilty plea, and will remain

bound to fulfill all of the obligations under this plea agreement.

                                          Rights at Trial

       15. Defendant understands that by entering into this agreement, he surrenders certain rights

as provided in this plea agreement. Defendant understands that the rights of a defendant include

the following:

       (a)     If Defendant persisted in a plea of not guilty to the charges, defendant would
       have the right to a speedy jury trial with the assistance of counsel. The trial may be
       conducted by a judge sitting without a jury if Defendant, the United States, and the
       court all agree.

       (b)    At a trial, the United States would be required to present witnesses and other
       evidence against Defendant. Defendant would have the opportunity to confront
       those witnesses and his attorney would be allowed to cross-examine them. In tum,
       Defendant could, but would not be required to, present witnesses and other
       evidence on his own behalf. If the witnesses for Defendant would not appear

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         voluntarily, he could require their attendance through the subpoena power of the
         court; and

         (c)      At a trial, Defendant could rely on a privilege against self-incrimination and
         decline to testify, and no inference of guilt could be drawn from such refusal to
         testify. However, if Defendant desired to do so, he could testify on his/her own
         behalf.

                                    Factual Basis for Guilty Plea

         16. Defendant is pleading guilty because he is in fact guilty of the charge contained in

Count One of the indictment. Further, the Defendant, his attorney, and the United States agree and

stipulate that each element of the felony offense of Wire Fraud could be proven beyond a

reasonable doubt. The following facts, among others would be offered to establish Defendant's

guilt:

                                                I. Background

         On or about March 27, 2020, the Coronavirus Aid, Relief, and Economic Security

("CARES") Act was enacted to provide emergency financial assistance to the millions of

Americans who were suffering the economic effects caused by the COVID-19 pandemic. The

CARES Act established several new temporary programs and provided for expansion of others,

including programs created and/or administered by the United States Small Business

Administration ("SBA").

         The SBA is an agency of the United States Government that provides loans through banks,

credit unions, and other lenders who partner with the agency, and has offices throughout the United

States. Part of the role of the Small Business Administration is to provide low-interest disaster

loans to assist businesses and homeowners recover from declared disasters. The Small Business

Administration's (SBA) disaster loans are the primary form of federal assistance for the repair and


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rebuilding of non-farm, private sector disaster losses. Qualified disaster loans under the SBA

include economic injury disaster loans. These types of loans are administered through the

Economic Injury Disaster Loan (EIDL) program.

       The Economic Injury Disaster Loan ("EIDL") program was an SBA program that provided

low interest financing to small businesses, renters, and homeowners in regions affected by declared

disasters. The CARES Act authorized the SBA to provide EIDLs to eligible small businesses

experiencing substantial financial disruptions due to the COVID-19 pandemic. In addition, the

CARES Act authorized the SBA to issue advances of up to $10,000 to small businesses. The

amount of the advance was determined by the number of employees the applicant certified having

under penalty of perjury. The advances did not have to be repaid.

       Businesses that were eligible for an EIDL loan and who had been in operation since January

31, 2020-when the public health crisis was announced-qualified for an emergency grant. To

obtain an EIDL and/or advance, a qualifying business was required to submit an application to the

SBA and provide information about its operations, such as the number of employees on a given

date corresponding to the disaster at issue, as well as gross revenue and cost of goods sold for the

twelve-month period preceding that date. In the case of EID Ls for COVID-19 relief, the given date

was January 31, 2020, and the twelve-month period covered February 2019, through January 2020.

The applicant was also required to certify that all the information in the application was true and

correct to the best of the applicant's knowledge under the penalty of perjury.

       EIDL applications were submitted directly to the SBA and did not request a specific loan

amount. If the SBA approved the application, it determined the amount of the loan, in part, based

on the information provided in the application concerning the number of employees, gross revenue,


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and cost of goods, as described above. Even if the SBA could not issue a loan for a business, it

could still provide the previously mentioned advance up to $10,000. The SBA directly issued any

funds it approved as an advance or as an EIDL to the banking institution included in the

application. Applicants were permitted to use EIDL funds for payroll expenses, sick leave,

production costs, and business obligations, such as debts, rent, and mortgage payments.

                                     II. Declined EIDL Applications

       Between July 1, 2020, and June 8, 2021, Reginald Devon Kimbrough ("the Defendant"), a

resident of Harris County, Texas, submitted or caused to be submitted six applications with the

SBA for an EIDL. In each application, the Defendant included false or fictitious information such

as the business' name and its primary activity, the number of employees, gross revenues, and cost

of goods sold. All these applications were submitted electronically and, as part of each application,

the Defendant checked the box certifying, under penalty of perjury, that the information he

included was true and correct. All six applications were declined by the SBA.

                                      Application One: July 1, 2020

       On July 1, 2020, the Defendant submitted or caused to be submitted EIDL application

ending 6987. The application indicated it was on behalf of the Reginald Kimbrough independent

organization with the trade name "Reginald Kimbrough." In the application, the Defendant falsely

affirmed that the primary activity for the unregistered business was agriculture, that it had ten

employees with gross revenues of $20,000, and $11,500 in cost of goods sold for the twelve

months prior to January 31, 2020.

       Within the same application, the Defendant checked a box that read, "I would like to be

considered for an advance of up to $10,000." The Defendant also included direct deposit
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information for a Wells Fargo personal checking account, which, investigators later learned, was

opened electronically by the Defendant on June 24, 2020. On July 1, 2020, the EIDL advance the

Defendant requested was approved in the amount of $10,000. The next day, the EIDL advance in

the amount of $10,000 was transferred to the Wells Fargo account controlled by the Defendant. A

review of the bank records showed that, after the funds were deposited into the account, several

personal transactions were made by the Defendant, which included CashApp payments and two

separate cash withdrawals totaling $8,060.

       The EIDL Application ending 6987 was ultimately declined because the economic injury

could not be substantiated, and the SBA could not find any evidence of an agricultural business

operating as the Reginald Kimbrough independent organization.

                                  Application Two: August 11, 2020

       On July 1, 2020, the Defendant submitted or caused to be submitted EIDL application

ending 6875. The application indicated it was on behalf of the Reginald Kimbrough independent

organization with the trade name "Reginald Kimbrough." In the application, the Defendant falsely

affirmed that the primary activity for the unregistered business was personal services, that it had

ten employees with gross revenues of $20,000, and $11,500 in cost of goods sold for the twelve

months prior to January 31, 2020. EIDL application ending 6875 was declined by the SBA, due to

unsatisfactory credit history.

                                 Application Three: October 29, 2020

       On October 29, 2020, the Defendant submitted or caused to be submitted EIDL application

ending 4402. The application indicated it was on behalf of the Reginald Kimbrough independent

organization with the trade name "Reginald Kimbrough." In the application, the Defendant falsely


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affirmed that the primary activity for the unregistered business was transportation, that it had one

employee with gross revenues of $50,000, and $20,000 in cost of goods sold for the twelve months

prior to January 31, 2020. EIDL application ending 4402 was declined by the SBA, due to

unsatisfactory credit history.

                                 Application Four: December 20, 2020

        On December 30, 2020, the Defendant submitted or caused to be submitted EIDL

application ending 0809. The application indicated it was on behalf of the Reginald Kimbrough

independent organization with the trade name "Reginald Kimbrough." In the application, the

Defendant falsely affirmed that the primary activity for the unregistered business was agriculture,

that it had ten employees with gross revenues of $40,000, and $11,000 in cost of goods sold for

the twelve months prior to January 31, 2020. EIDL application ending 0809 was declined by the

SBA, due to unsatisfactory credit history.

                                   Application Five: May 20, 2021

       On May 20, 2021, the Defendant submitted or caused to be submitted EIDL application

ending 5761. The application indicated it was on behalf of the Reginald Kimbrough independent

organization with the trade name "Reginald Kimbrough." In the application, the Defendant falsely

affirmed that the primary activity for the unregistered business was personal services, that it had

one employee with gross revenues of $104,000, and $50,000 in cost of goods sold for the twelve

months prior to January 31, 2020. EIDL application ending 5761 was declined by the SBA, due to

unsatisfactory credit history.




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                                  Application Six: June 8, 2021

       On June 8, 2021, the Defendant submitted or caused to be submitted EIDL application

ending 6197. The application indicated it was on behalf of the Reginald Kimbrough sole

proprietorship with the trade name "Reginald Kimbrough." In the application, the Defendant

falsely affirmed that the primary activity for the unregistered business was automotive repair, that

it had thirteen employees with gross revenues of $160,000, and $57,000 in cost of goods sold for

the twelve months prior to January 31, 2020. EIDL application ending 6197 was declined by the

SBA, due to not meeting the credit score requirement.

                                         III. Conclusion

       Throughout the course of the criminal conduct described above, the Defendant acted

knowingly and willfully with the intent to defraud the government, specifically the Small Business

Administration. It was the purpose of the scheme for the Defendant to unlawfully enrich himself

by submitting or causing the submission of false or fraudulent applications for EIDL funds during

the time of the COVID-19 pandemic. For the purpose of effecting its unlawful objects and

executing the scheme, the Defendant transmitted or caused to be transmitted electronic

communications or "wires" in interstate commerce.

       In sum, the Defendant was not entitled to the EIDL Advance in question, which was

obtained based on the aforementioned misrepresentations. The Defendant agrees that the total loss

to the United States Small Business Administration resulting from his fraudulent EIDL

applications is $10,000.

       All the above acts took place in the Houston Division of the Southern District of Texas and

elsewhere.


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                                     Breach of Plea Agreement

        17. If Defendant should fail in any way to fulfill completely all the obligations under this

plea agreement, the United States will be released from its obligations under the plea agreement,

and Defendant's plea and sentence will stand. If at any time Defendant retains, conceals, or

disposes of assets in violation of this plea agreement, including required financial information, or

if Defendant knowingly withholds evidence or is otherwise not completely truthful with the United

States, then the United States may move the Court to set aside the guilty plea and reinstate

prosecution. Any information and documents that have been disclosed by Defendant, whether prior

to or subsequent to this plea agreement, and all leads derived therefrom, will be used against

defendant in any prosecution.

                          Monetary Penalties, Assets and Financial Disclosures

        18. Defendant understands and agrees that monetary penalties will be subject to immediate

enforcement as provided in 18 U .S.C. § 3613 and that monetary penalties will be submitted to the

Treasury Offset Program so that payments to the Defendant may be applied to federal debts.

        19. Defendant understands that restitution, forfeiture, and fines are separate components of

sentencing and are separate obligations. Defendant agrees to take all steps necessary to pass clear

title to forfeitable assets to the United States and to assist fully in the collection of restitution and

fines. Subject to the provisions above, Defendant waives the right to challenge in any manner,

including by direct appeal or in a collateral proceeding, any restitution order, any forfeiture orders,

and any fines.




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                                             Restitution

        20. Defendant agrees to pay full restitution to the victim regardless of the count of

conviction. Defendant stipulates and agrees that as a result of his criminal conduct, the victim-

the Small Business Administration-incurred a monetary loss of at least $10,000. Defendant

agrees to pay full restitution as determined by the Court, regardless of the resulting loss amount,

to all victims harmed by Defendant's "relevant conduct," as defined by U .S.S.G. § 1B 1.3, including

conduct pertaining to any dismissed counts or uncharged conduct, and regardless of whether such

conduct constitutes an "offense" under 18 U.S.C. §§ 2259, 3663 or 3663A. Defendant agrees that

restitution imposed by the Court will be due and payable immediately and that should the Court

impose a payment schedule, the payment schedule sets forth minimum payments and does not

foreclose additional collection of restitution.

                                              Forfeiture

       21. As part of this plea agreement, Defendant agrees to the following:

       (a) to forfeit, via either an administrative or judicial proceeding, all assets listed in the
       charging document (including any Supplemental Notice of Forfeiture), and to forfeit or
       abandon any assets seized during this investigation or a related investigation.

       (b) to withdraw any claims and petitions for such listed or seized assets, whether in this
       proceeding or another proceeding, and to waive notice of administrative proceedings
       (including forfeiture, destruction, and abandonment for seized property);

       (c) that Defendant obtained at least $10,000 from the criminal offenses, that the factual
       basis for the guilty plea supports the imposition of a money judgment in that amount, and
       that the Defendant agrees to the imposition of a money judgment in that amount;

        (d) that one or more of the conditions set forth in 21 U.S.C. § 853(p) exists, so that the
        forfeiture money judgment may be immediately satisfied via forfeiture of substitute
        property; and

        (e) to the order of forfeiture becoming final as to Defendant immediately following this
        guilty plea or immediately following entry of the forfeiture order, whichever applies.

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                                        Financial Statement

        22. Defendant agrees to truthfully complete under penalty of perjury, within thirty days of

the execution of this Plea Agreement, a financial statement on a form provided by the United States

Attorney's Office and to update the statement within seven days of any material change. Defendant

also agrees to make full disclosure to the United States Probation Office of all current and

anticipated assets in which Defendant has an interest both before sentencing and again before

termination of supervised release or probation, with such disclosures to be shared with the United

States Attorney's Office.

       23. Defendant further agrees not to dispose or transfer any assets without the prior written

permission of the United States and to authorize the release of all financial information requested

by the United States, including, but not limited to, credit histories and tax returns. Defendant agrees

to discuss and answer any questions by the United States relating to Defendant's financial

disclosure, including in a deposition or informal debtor exam, whether before or after sentencing.

                                       Complete Agreement

       24. This written plea agreement, consisting of 18 pages, including the attached addendum

of Defendant and his attorney, constitutes the complete plea agreement between the United States,

Defendant, and Defendant's counsel. This agreement supersedes any prior understandings,

promises, agreements, or conditions between the United States and Defendant. No additional

understandings, promises, agreements, or conditions have been entered into other than those set

forth in this agreement, and none will be entered into unless in writing and signed by all parties.

Defendant acknowledges that no threats have been made against him and that he is pleading guilty

freely and voluntarily because he is guilty.

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       25. Any modification of this plea agreement must be in writing and signed by all parties.




                                                            DEVON KIMBROUGH
                                                    AKA:   INALD KIMBROUGH
                                                    DEFENDANT


       Subscribed and sworn to before me on      Mi~                   }2          , 2025.

                                            NA THAN OCHSNER, Clerk
                                            UNITE STATES DISTRICT CLERK


                                    By:


APPROVED:

Alamdar S. Hamdani
United States Attorney

By~~
Brian Bajew                                         Devin Arielle Prater
Assistant United States Attorney                    Attorney for the Defendant




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     Case 4:23-cr-00464       Document 24         Filed 02/06/25 in TXSD         Page 18 of 18




                             UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF TEXAS
                                  HOUSTON DIVISION

UNITED STATES OF AMERICA                          §
                                                  §
v.                                                §    CRIMINAL NO. 4:23-CR-464
                                                  §
REGINALD DEVON KIMBROUGH                          §
AKA: REGINALD KIMBROUGH                           §

                             PLEA AGREEMENT -- ADDENDUM

         I have fully explained to Defendant his rights with respect to the pending
indictment/infonnation. I have reviewed the provisions of the United States Sentencing
Commission's Guidelines Manual and Policy Statements and I have fully and carefully explained
to Defendant the provisions of those Guidelines which may apply in this case. I have also explained
to Defendant that the Sentencing Guidelines are only advisory and the court may sentence
Defendant up to the maximum allowed by statute per count of conviction. Further, I have carefully
reviewed every part of this plea agreement with Defendant. To my knowledge, Defendant's
decision to enter into this agreement is an infonned and voluntary one.



           or Defendant                                       Date

         I have consulted with my attorney and fully understand all my rights with respect to the
indictment/infonnation pending against me. My attorney has fully explained, and I understand, all
my rights with respect to the provisions of the United States Sentencing Commission's Guidelines
Manual which may apply in my case. I have read and carefully reviewed every part of this plea
           t with my attorney. I understand this agreement and I voluntarily agree to its tenns.




                                                              Date




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