United States v. Daniel C. Labrum — Rule 11 Plea Agreement, District of Idaho (Document 37)
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Rule 11 plea agreement in United States v. Daniel C. Labrum, Case No. 22-CR-152-AKB, in the U.S. District Court for the District of Idaho, Document 37, filed August 3, 2023. Labrum agrees to plead guilty to Count One of the Indictment, which charges bank fraud under 18 U.S.C. § 1344, and to admit the asset forfeiture allegation; the Government will dismiss Counts Two through Six. The factual basis describes Paycheck Protection Program applications for Labrum Landscaping LLC, Pro Excavation LLC and Watson Construction LLC. It states that the applications sought at least approximately $1,914,571 in PPP loans.
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“United States v. Daniel C. Labrum — Rule 11 Plea Agreement, District of Idaho (Document 37).”
Original at ecf.idd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-labrum-dkt-37-f1cec5f7ab/
, SHA-256 98dfe9308a18a899cf78bb085486dbd08c9f3756a4155d0085b3697a06553a0d.Full text
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 1 of 17
JOSHUA D. HURWIT, IDAHO STATE BAR NO. 9527
UNITED STATES ATTORNEY
SEAN M. MAZOROL, OREGON STATE BAR NO. 116398
ASSISTANT UNITED STATES ATTORNEY
DISTRICT OF IDAHO
1290 W. MYRTLE ST. SUITE 500
BOISE, ID 83702-7788
TELEPHONE: (208) 334-1211
FACSIMILE: (208) 334-1413
GLENN S. LEON
CHIEF, FRAUD SECTION
JENNIFER L. BILINKAS
TAMARA LIVSHIZ
TRIAL ATTORNEYS
CRIMINAL DIVISION, U.S. DEPARTMENT OF JUSTICE
1400 NEW YORK AVENUE, N.W.
WASHINGTON, D.C. 20005
TELEPHONE: (202) 305-3928
FACSIMILE: (202) 514-3708
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA, Case No. 22-CR-152-AKB
Plaintiff, RULE 11 PLEA AGREEMENT
vs.
DANIEL C. LABRUM,
Defendant.
Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 2 of 17
I. GUILTY PLEA
A. Summary of Terms. Pursuant to Federal Rule of Criminal Procedure 11(c)(1),
the Defendant, the attorney for the Defendant, and the Government 1 agree that the Defendant will
plead guilty to Count One of the Indictment, which charges the Defendant with bank fraud, in
violation of 18 U.S.C. § 1344. The Defendant will also admit the asset forfeiture allegation in the
Indictment.
This plea is voluntary and did not result from force, threats, or promises, other than any
promise made in this agreement. Upon acceptance of the Defendant’s guilty plea, and the
Defendant’s full compliance with the other terms of this agreement, the Government will dismiss,
under Federal Rule of Criminal Procedure 11(c)(1)(A), Counts Two through Six of the
Indictment, and under Federal Rule of Criminal Procedure 11(c)(1)(B), will recommend a
sentence at the low end of the United States Sentencing Commission Guidelines Manual
(“U.S.S.G.”) guidelines range as determined by the Court.
B. Oath. The Defendant will be placed under oath at the plea hearing. The
Government may use any statement that the Defendant makes under oath against the Defendant in
a prosecution for perjury or false statement.
II. WAIVER OF CONSTITUTIONAL RIGHTS AT TRIAL
The Defendant waives the following rights by pleading guilty pursuant to this agreement:
1) the right to plead not guilty to the offense(s) charged against the Defendant and to persist in
that plea; 2) the right to a trial by jury, at which the Defendant would be presumed innocent and
the burden would be on the Government to prove the Defendant’s guilt beyond a reasonable
1
The word “Government” in this agreement refers to the United States Attorney for the
District of Idaho and the Fraud Section, Criminal Division of the United States Department of
Justice.
Plea Agreement 1 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 3 of 17
doubt; 3) the right to have the jury agree unanimously that the Defendant was guilty of the
offense; 4) the right, at trial, to confront and cross-examine adverse witnesses; 5) the right to
present evidence and to compel the attendance of witnesses; and 6) the right not to testify or
present evidence without having that held against the Defendant. If the Court accepts the
Defendant’s guilty plea, there will be no trial.
III. NATURE OF THE CHARGES
A. Elements of the Crime. The elements of the crime of bank fraud, as charged in
Count One, are as follows:
1. The defendant knowingly carried out a scheme or plan to obtain money or
property from the financial institution by making false statements or promises;
2. The defendant knew that the statements or promises were false;
3. The statements or promises were materials; that is, they had a natural
tendency to influence, or were capable of influencing, a financial institution to part with money or
property;
4. The defendant acted with the intent to defraud; and
5. The financial institution was a mortgage lending business as defined in 18
U.S.C. § 20.
B. Factual Basis. The Defendant admits the following facts are true:
The Paycheck Protection Program
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law
enacted in March 2020, to provide financial assistance to Americans suffering economic harm
from the COVID-19 pandemic. One source of relief provided through the CARES Act was the
authorization of up to $349 billion in forgivable loans to businesses for job retention and certain
Plea Agreement 2 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 4 of 17
other expenses, through a program called the Paycheck Protection Program (“PPP”). In or about
April 2020, Congress authorized over $300 billion in additional PPP funding.
In order to obtain a PPP loan, a qualifying business must submit a PPP loan application,
which is signed by an authorized representative of the business. The PPP loan application
requires the business (through its authorized representative) to acknowledge the program rules
and make certain affirmative certifications in order to be eligible to obtain the PPP loan. In the
PPP loan application, the small business (through its authorized representative) must state, among
other things, its: (a) average monthly payroll expenses; and (b) number of employees. These
figures are used to calculate the amount of money the small business is eligible to receive under
the PPP. In addition, businesses applying for a PPP loan must provide documentation showing
their payroll expenses.
A PPP loan application had to be processed by a participating lender. If a PPP loan
application was approved, the participating lender would fund the PPP loan using its own monies,
which are guaranteed by the Small Business Administration (“SBA”). Data from the application,
including information about the borrower, the total amount of the loan, and the listed number of
employees, were transmitted by the lender to the SBA in the course of processing the loan.
PPP loan proceeds had to be used by the business for certain permissible expenses—
namely, payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the interest and
principal on the PPP loan to be entirely forgiven if the business used the loan proceeds on these
expense items within a designated period of time after receiving the proceeds and used a certain
amount of the PPP loan proceeds on payroll expenses.
During the relevant time period, Lender-1 and Bank-1 were financial institutions that
participated as lenders in the SBA’s PPP loan program. Lender-1 is based in Boise, Idaho. Bank-
1 is based in Minneapolis, Minnesota.
Plea Agreement 3 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 5 of 17
The Fraudulent PPP Loan Applications
The Defendant, a resident of South Jordan, Utah, is the owner of Labrum Landscaping
LLC (“Labrum Landscaping”) and Pro Excavation LLC (“Pro Excavation”), both of which are
companies registered in Utah. Watson Construction LLC (“Watson Construction”) is owned by
Individual-1 and is registered in Utah.
Beginning in or around July 2020, and continuing through in or around May 2021, within
the District of Idaho and elsewhere, the Defendant, together with others, did knowingly, and with
intent to defraud, execute and attempt to execute a scheme and artifice to defraud one or more
financial institutions, namely, Lender-1 and Bank-1, and to obtain moneys, funds, and credits
owned by and under the control of such financial institutions by means of materially false and
fraudulent pretenses, representations, and promises. The Defendant’s scheme included submitting
at least six PPP loan applications on behalf of Labrum Landscaping, Pro Excavation and Watson
Construction (collectively, the “Relevant Entities”) containing false information concerning,
among other things, the number of employees and their monthly payroll, certifications about the
businesses and the intended use of the PPP funds. In total, the applications sought at least
approximately $1,914,571 in PPP loans.
In each application, the Defendant falsely claimed the number of employees and average
monthly payroll for the Relevant Entities. In support of these representations, the Defendant, with
others, submitted false and fraudulent IRS forms and profit and loss statements, which purported
to document expenses, profits, and wages for the Relevant Entities. For example, the Defendant
submitted a purported IRS Form 941 (Employer’s Quarterly Federal Tax Return) for Labrum
Landscaping for all four quarters in 2019 to Lender-1. All four quarters of the Form 941 falsely
lists 12 employees and $246,767 in employee wages. The Defendant also submitted a purported
IRS Form 940 (Employer’s Annual Federal Unemployment Tax Return) and IRS Form 1120
Plea Agreement 4 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 6 of 17
(U.S. Corporation Income Tax Return) for Labrum Landscaping for 2019. The Defendant’s IRS
Forms 940 and 941 contained materially false and fraudulent information concerning total income
and salaries and wages for Labrum Landscaping as the business did not have any legitimate
business operations, employees or corresponding wages in 2019. Further, IRS records indicate
that no Form 1120 was filed for 2019 for Labrum Landscaping.
Instead of using PPP proceeds for their stated and authorized business purposes consistent
with PPP rules, the Defendant knowingly misapplied and used the PPP loan proceeds paid to
Labrum Landscaping and Pro Excavation for his own personal benefit. For example, after
Lender-1 transferred approximately $205,639 in PPP loan proceeds to Labrum Landscaping’s
business bank account, the Defendant electronically transferred approximately $54,000 to pay a
kickback to a separately charged co-schemer.
IV. SENTENCING FACTORS
A. Penalties. The crime of bank fraud, as charged in Count One, is punishable by:
1. a term of imprisonment of 30 years;
2. a term of supervised release of not more than 5 years;
3. a maximum fine of $1,000,000, and a special assessment of $100.
B. Supervised Release. The Court may impose a period of supervised release. No
agreement exists as to its length.
The law permits the combined prison time and term of supervised release to exceed the
maximum term of incarceration for the crime(s) to which the Defendant is pleading guilty.
Violation of any condition of supervised release may result in further penalties and prosecution.
C. Fines and Costs. The Court may impose a fine. No agreement exists as to its
amount. The Court may also order the Defendant to pay the costs of imprisonment, probation,
and supervised release.
Plea Agreement 5 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 7 of 17
D. Special Assessment. The Defendant will pay the special assessment(s) before
sentencing and will furnish a receipt at sentencing. Payment will be made to:
The United States District Court, Clerk’s Office
Federal Building and United States Courthouse
550 West Fort Street, Fourth Floor
Boise, Idaho 83724
E. Restitution. In addition to paying any forfeiture, fine, and costs imposed, the
Defendant also agrees to pay, and be ordered to pay, at least $1,914,571 in restitution of loss
caused to any victim. The Defendant agrees that all monetary penalties imposed by the Court,
including restitution, will be due immediately and can immediately be enforced by the
Government (whether through 18 U.S.C. § 3613 or otherwise). The Defendant agrees that the
payment schedule or plan is neither the only method, nor a limitation on the methods, available
for enforcing the judgment. It is simply a schedule or plan for minimum payments. The
Defendant is aware that voluntary payment of restitution prior to adjudication of guilt is a factor
the Court can consider when deciding if the Defendant has accepted responsibility under United
States Sentencing Commission, guidelines manual (USSG) § 3E1.1.
F. Forfeiture. The Court will enter a forfeiture order as part of the Defendant’s
sentence. The Defendant will immediately forfeit to the Government the property set out in: this
agreement, the charging document to which the Defendant is pleading, and any bill of particulars.
Defendant agrees that those documents provide statutory authority for forfeiture.
1. Additionally, Defendant agrees to forfeit the following.
a. Forfeiture Money Judgment for Unrecovered Property. The Court
may impose forfeiture of at least $1,914,571 of a monetary sum, or money judgment, equivalent
to unrecovered property including unrecovered proceeds of the offense of conviction obtained and
controlled by the Defendant, property derived from or traceable to such proceeds, and/or
Plea Agreement 6 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 8 of 17
unrecovered property the Defendant used to commit or facilitate the offense, as authorized by
applicable statutes.
b. Substitute Assets Up To the Value of Unrecovered Property Subject
to Forfeiture. Pursuant to 21 U.S.C. § 853(p) and other applicable statutes, the Defendant agrees
to forfeit substitute assets, or any other property of the Defendant up to the value of any
unrecovered property subject to forfeiture. Post-sentencing forfeiture of substitute assets does not
entitle the Defendant to resentencing.
2. Defendant makes the following additional agreements and waivers related
to forfeiture.
a. Regarding the above property, the Defendant: (a) is the sole owner,
unless otherwise set out herein; (b) hereby withdraws any claims filed in any administrative or
civil forfeiture proceeding; (c) agrees to assist fully in the forfeiture and to take all steps necessary
to pass clear title to the Government; (d) will testify truthfully in any forfeiture proceeding and
will not assist a third party in asserting a claim; (e) agrees to administrative or civil forfeiture, or
abandonment, if the Government does not pursue criminal forfeiture; and (f) agrees that variations
or errors in serial numbers or property descriptions shall not affect forfeiture.
b. Forfeiture is separate from all other penalties, including fines and
restitution. As with other penalties, the Court will determine forfeiture at sentencing. Any stated
or pleaded forfeiture amount is an “at least” amount and the Court may impose greater or
additional forfeitures. The Defendant waives requirements regarding notice and pronouncement
of forfeiture, including: (a) in charging documents, (b) at the change of plea hearing, (c) at
sentencing, and (d) in the judgment. See Fed. R. Crim. P. 11(b)(1)(J), 32.2, and 43(a).
c. The Defendant waives all challenges and objections, on any
grounds, to any forfeiture in accordance with this agreement. If this agreement is withdrawn for
Plea Agreement 7 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 9 of 17
any reason, the Defendant waives the right to contest all administrative and civil forfeitures that
began before the withdrawal. The Defendant agrees to hold the United States, its agents, and
employees harmless from any claims related to seizures or forfeiture in this case or the related
investigation. The forfeiture provisions of this agreement will survive the Defendant’s death and
bind the Defendant’s heirs, successors and assigns until forfeiture is fully collected. Any forfeited
property directed to victims shall not be returned even if Defendant’s conviction is overturned or
abated.
d. The District Court shall retain jurisdiction to consider and rule on
forfeiture and related issues, unless a higher Court directs otherwise.
3. If the Defendant pays the forfeiture money judgment in full and all
requirements under applicable regulations and policies for requesting restoration are satisfied, the
Government agrees upon final forfeiture and payment of all of the funds to seek authority from
the Department of Justice Money Laundering and Asset Recovery Section (“MLARS”) for
“restoration,” which is the application of forfeited funds to satisfy the criminal restitution
judgment imposed by the Court in this case and remaining due at that time. The Defendant
understands that this is a discretionary function of MLARS, which must be exercised consistent
with the applicable regulations, and that the Government cannot promise or guarantee a particular
result. With that limitation in mind, the Government agrees that it will submit to MLARS a
request for restoration if the Defendant makes the described full payment and if seeking
restoration is appropriate under applicable regulations and policies. Payment(s) must be made to
the United States Marshals Service. The Government will provide payment instructions at the
Defendant’s request.
Plea Agreement 8 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 10 of 17
V. UNITED STATES SENTENCING GUIDELINES
A. Application of Sentencing Guidelines. The Court must consider the sentencing
guidelines in determining an appropriate sentence under 18 U.S.C. § 3553. The Defendant agrees
that the Court may consider “relevant conduct” in determining a sentence pursuant to USSG
§ 1B1.3.
The Court is not a party to this agreement and the agreement does not bind the Court’s
determination of the sentencing guidelines range. The Court will identify the factors that will
determine that range under the relevant guidelines manual. The Court has complete discretion to
impose any lawful sentence, including the maximum sentence possible.
Recognizing that this agreement does not bind the Court, the parties agree to the
recommendations and requests set forth below.
B. Sentencing Guidelines Recommendations and Requests.
1. Government’s Statements at Sentencing. The Government reserves the
right to allocute fully at sentencing regarding any sentencing recommendation. The Government
may rely on or submit any information, including relevant conduct, in support of its
recommendation regardless of whether the agreement or the pre-sentence investigation report
contain this information. Any exception must be specified in this agreement.
2. Acceptance of Responsibility. If the Defendant clearly accepts
responsibility for the offense, the Defendant will be entitled to a reduction of two levels in the
combined adjusted offense level under USSG § 3E1.1(a). The Government will move for an
additional one-level reduction in the combined offense level under § 3E1.1(b) if the following
conditions are met: (1) the Defendant qualifies for a decrease under § 3E1.1(a); (2) the offense is
level 16 or greater; and (3) the Defendant has timely notified authorities of the Defendant’s
intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial
Plea Agreement 9 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 11 of 17
and permitting the Court to allocate its resources efficiently. If, before sentence is imposed, the
Defendant fails to meet USSG § 3E1.1’s criteria, or acts in a manner inconsistent with acceptance
of responsibility, the Government will withdraw or decline to make the motion.
3. Amount of Loss. The parties agree that the amount of loss is $1,914,571
pursuant to U.S.S.G. § 2B1.1(b)(1)(I).
4. Sophisticated Means. The government reserves the right to argue at
sentencing that the two-level sophisticated means enhancement pursuant to U.S.S.G. §
2B1.1(b)(10)(C) applies, and the Defendant reserves the right to argue against application of that
enhancement.
5. Downward Departure or Variance Request by Defendant. If the
Defendant wishes to seek a departure or variance, the Defendant must provide written to the
Government, along with the reasons and basis therefore, 21 days before the date set for
sentencing.
VI. WAIVER OF RIGHT TO DIRECT APPEAL AND TO COLLATERAL ATTACK
UNDER 28 U.S.C. § 2255
A. Waiver. In exchange for this agreement, and except as provided in subparagraph
B, the Defendant waives any right to appeal or collaterally attack plea, conviction, judgment, and
sentence, including forfeiture and restitution. This waiver includes any challenge to the
constitutionality of any statute of conviction including arguments that the admitted conduct does
not fall within any statute of conviction.
The Defendant acknowledges that this waiver will result in the dismissal of any direct
appeal or collateral attack the Defendant might file seeking to challenge the plea, conviction, or
sentence in this case. Further, the filing of such an appeal or collateral attack will breach this
agreement and allow the Government to withdraw from it, as well as to take other remedial
action.
Plea Agreement 10 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 12 of 17
If the Defendant believes the Government has not fulfilled its obligations under this
agreement, the Defendant will object at the time of sentencing; further objections are waived.
B. Exceptions.
1. Direct Appeal. Notwithstanding subparagraph A, the Defendant may file
one direct appeal if one of the following unusual circumstances occurs:
a. the sentence imposed by the Court exceeds the statutory maximum;
b. the Court arrived at an advisory sentencing guidelines range by
applying an upward departure under chapter 5K of the relevant
sentencing guidelines manual; or
c. the Court exercised its discretion under 18 U.S.C. § 3553(a) to
impose a sentence that exceeds the advisory sentencing guidelines
range as determined by the Court.
The Defendant understands that the above circumstances occur rarely and that in most cases this
agreement completely waives all appellate rights.
2. Motion Under 28 U.S.C. § 2255. Notwithstanding subparagraph A, the
Defendant may file an ineffective assistance of counsel claim in a 28 U.S.C. § 2255 motion.
VII. PROVIDING INFORMATION FOR THE PRESENTENCE REPORT
The Defendant agrees to provide financial information and any other information
requested by a representative of the United States probation office for use in preparing a pre-
sentence investigation report, and agrees that the United States probation office may share all
financial information with the Government. Failure to execute releases or to provide information
for the pre-sentence investigation report violates this agreement and relieves the Government of
its obligations from it. Such failure will not, however, constitute grounds for withdrawing the
plea of guilty unless the Government so requests. Providing materially false information will
subject the Defendant to additional penalties, including an enhancement under USSG § 3C1.1.
Plea Agreement 11 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 13 of 17
VIII. DISCLOSING FINANCIAL INFORMATION
The Defendant agrees to disclose all the Defendant’s assets and sources of income to the
Government, including all assets over which the Defendant exercises or exercised direct or
indirect control, or in which the Defendant has any financial interest. This includes all
community property. The Defendant also agrees to cooperate in obtaining any records relating to
ownership of assets when sought by the Government. The Defendant agrees truthfully to
complete a personal financial statement within 14 days from the date the Defendant signs this
agreement or from the date the financial statement is provided to the Defendant or counsel,
whichever is later. The Defendant agrees to provide updates with any material changes in
circumstances, as described in 18 U.S.C. § 3664(k), within 7 days of the event giving rise to the
changed circumstances. The failure timely and accurately to complete, sign, and update the
financial statements may constitute failure to accept responsibility under USSG § 3E1.1, as well
as other things.
The Defendant authorizes the Government: (a) to obtain a credit report on the Defendant;
(b) to inspect and copy all financial documents and information held by the United States
probation office; and (c) to obtain all financial records related to the Defendant.
Before sentencing, Defendant agrees not to dissipate any assets without the consent of
both the Government’s financial litigation unit and asset forfeiture unit. If any assets are sold,
any sale proceeds will be deposited with the Clerk of Court and, upon sentencing, paid toward
any monetary penalties ordered in the judgment.
IX. NO RIGHT TO WITHDRAW PLEA
The Defendant understands that the Court may not follow the recommendations or
requests made by the parties at the time of sentencing. The Defendant cannot withdraw from this
agreement or the guilty plea, regardless of the Court’s actions.
Plea Agreement 12 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 14 of 17
X. CONSEQUENCES OF VIOLATING AGREEMENT
A. Government’s Options. If the Defendant fails to keep any promise in this
agreement or commits a new crime, the Government is relieved of any obligation: 1) to make a
sentencing recommendation consistent with the terms promised in this agreement; and 2) not to
prosecute the Defendant on other charges, including charges not pursued due to this agreement.
Such charges may be brought without prior notice. If the Government determines that a breach
warrants prosecution before sentencing, it may withdraw from this agreement in its entirety. In
addition, if the Government determines after sentence is imposed that the Defendant’s breach of
the agreement warrants further prosecution, the Government may choose between letting the
conviction under this agreement stand or vacating such conviction so that charge may be re-
prosecuted.
The Government’s election to pursue any of the above options provides no basis for the
Defendant to withdraw the guilty plea made pursuant to this agreement.
B. Defendant’s Waiver of Rights. If the Defendant fails to keep any promise made
in this agreement, the Defendant gives up the right not to be placed twice in jeopardy for the
offense to which the Defendant entered a plea of guilty or which were dismissed under this
agreement. In addition, for any charge that is brought as a result of the Defendant’s failure to
keep this agreement, the Defendant gives up: (1) any right under the Constitution and laws of the
United States to be charged or tried in a more speedy manner; and (2) the right to be charged
within the applicable statute of limitations period if the statute of limitations has expired.
Furthermore, if the Defendant does not enter an acceptable plea, the Government will
move to continue the trial now set to allow the Government adequate time to prepare. The
Defendant agrees not to contest such a continuance, and agrees that the resulting delay would be
excludable time under 18 U.S.C. § 3161(h).
Plea Agreement 13 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 15 of 17
XI. MISCELLANEOUS
A. No Other Terms. This agreement is the complete understanding between the
parties, and no other promises have been made by the Government to the Defendant or to the
attorney for the Defendant. This agreement does not prevent any governmental agency from
pursuing civil or administrative actions against the Defendant or any property. Unless an
exception to this paragraph is explicitly set forth elsewhere in this document, this agreement does
not bind or obligate governmental entities other than that specified as the Government in this
agreement (i.e., the United States Attorney’s Office for the District of Idaho and the United States
Department of Justice, Criminal Division, Fraud Section).
B. Plea Agreement Acceptance Deadline. This plea offer is explicitly conditioned
on the Defendant’s notification of acceptance of this agreement no later than 5:00 p.m. on July
12, 2023.
XII. UNITED STATES’ APPROVAL
I have reviewed this matter and the agreement. This agreement constitutes a formal plea
offer from the Government. Any oral discussions with the Defendant and defense counsel about a
plea do not constitute a plea offer. Any written offer or agreement made before this agreement is
no longer a valid offer by the Government and is rescinded. I agree on behalf of the United States
that the terms and conditions set forth above are appropriate and are in the best interests of justice.
Plea Agreement 14 Rev. March 2022
Case 1:22-cr-00152-AKB Document 37 Filed 08/03/23 Page 16 of 17
JOSHUA D. HURWIT
UNITED STATES ATTORNEY
...__.
SEAN M. MAZOROL
ASSISTANT UNITED STATES ATTORNEY Date
GLENNS. LEON
CHIEF, FRAUD SECTION
CRIMINAL DIVISION
UNITED STAT~~ DEPARTMENT OF JUSTICE
By:
.EIFEL.
. - .1~
BIL1NKAS
9k:?
AMARA LIVSHIZ
TRIAL ATTORNEYS
Xlll. ACCEPTANCE BY DEFENDANT AND COUNSEL
I carefully reviewed every part of this agreement with my attorney. I understand the
agreement and its effect upon my potential sentence. Furthermore, I have discussed all of my
rights with my attorney and I understand those rights. No other promises or inducements have
been made to me, 'directly or indirectly, by any agent of the Government, including any Assistant
United States Atto.rney or Trial Attorney, concerning the plea to be entered in this case. I
understand that this agreement is a formal plea offer from the Government. Any oral discussions
between the Government and me or my counsel about a plea do not constitute a plea offer. Any
written offer or agr~ement made before this agreement is no longer valid and is rescinded. In
addition, no one has threatened or coerced me to do, or to refrain from doing, anything in
coi:niection with this case, including entering a guilty plea. I understand that, if I am not a citizen
or naturalized citiz~n of the United States, by pleading guilty in this case it is virtually certain that
Plea Agreement 15 Rev. March 2022
, c'.·
Case
DocuSign Envelope ID: 1:22-cr-00152-AKB Document 37
9ED2C63E-064C-48O8-85O7-9A9911189628 Filed 08/03/23 Page 17 of 17
I will be removed from the United States. I am satisfied with my attorney's advice and
representation in this case.
7/27/2023
DANIEL C. LABRUM Date
Defendant
I have read this agreement and have discussed the contents of the agreement with my
client. This document accurately sets forth the entirety of the agreement. I have conveyed all
written offers from the Government to the Defendant pursuant to Missouri v. Frye, 566 U.S. 134,
144-4 7 (2012). I understand that this agreement is a formal plea offer from the Government. Any
oral discussions between the Government and me or my client about a plea do not constitute a
plea offer. Any written offer or agreement made before this agreement is no longer valid and is
rescinded. I have discussed with my client the fact that if my client is not a citizen or naturalized
citizen of the United States, by pleading guilty in this case, it is virtually certain that my client
will be removed from the United States. I concur in my client's decision to plead guilty as set
forth above.
Date
Plea Agreement 16 Rev . March 2022
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