United States v. Jennai Mance — Plea Agreement, Southern District of Georgia (Document 25)

Summary

A plea agreement in United States of America v. Jennai Mance, CR 4:22-CR-064 (Case 4:22-cr-00064-RSB-CLR), in the U.S. District Court for the Southern District of Georgia, Savannah Division, filed June 8, 2022 as Document 25. Mance agrees to waive indictment and plead guilty to Count One of the Information, wire fraud under 18 U.S.C. § 1343. In the factual basis Mance admits causing a PPP loan application to be submitted to Bank 1 on or about March 1, 2021 seeking $20,000, falsely affirming sole proprietorship of a business established on Feb. 15, 2019 with $8,000 in average monthly payroll. The government agrees to recommend a low-end guidelines sentence, and the parties agree to recommend a loss amount of not more than $40,000; the maximum sentence is 20 years' imprisonment.

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Case 4:22-cr-00064-RSB-CLR Document 25 Filed 06/08/22 Page 1of10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

UNITED STATES OF AMERICA )
Vv. CR: 4:22-CR-064
JENNAI MANCE
PLEA AGREEMENT

Defendant Jennai Mance, represented by her counsel Katie Brewington, and
the United States of America, represented by Assistant United States Attorney Chris
Howard, have reached a plea agreement in this case. The terms and conditions of
that agreement are as follows.
1. Guilty Plea

Defendant, having been advised of the right to be charged by Indictment,
agrees to waive that right and enter a plea of guilty to Count One of the Information,
which charges a violation of 18 U.S.C. 1343 (Wire Fraud).

2. Elements and Factual Basis

The elements necessary to prove the offense charged in Count One are (1) the
Defendant knowingly devised or participated in a scheme to defraud some by using
false or fraudulent pretenses, representations, or promises; (2) the false pretenses,
representations, or promises were about a material fact; (3) the Defendant acted with
the intent to defraud; and (4) the Defendant transmitted or caused to be transmitted

by wire some communication in interstate commerce to help carry out the scheme to

defraud.
Case 4:22-cr-00064-RSB-CLR Document 25 Filed 06/08/22 Page 2 of10

Defendant agrees that she is, in fact, guilty of this offense. She agrees to the
accuracy of the following facts, which satisfy each of the offense’s required elements:
Beginning in or about March 2021 and continuing through July 2021, in the Southern
District of Georgia, and elsewhere, Defendant did knowingly devise and intend to
devise a scheme and artifice to defraud, and to obtain money and property, by means
of materially false and fraudulent pretenses, representations, and promises, and for
the purpose of executing the scheme and artifice and to obtain money and property,
caused interstate communications to be made over the Internet, in furtherance of the
scheme and artifice to defraud, in violation of 18 U.S.C. § 1343.

In furtherance of this scheme, and to effect the objects thereof, Defendant
caused to be submitted a loan application through the Payroll Protection Program
(PPP) that contained false statements about a sole proprietorship. The loan
application was submitted via the internet. In particular, on or about March 1, 2021,
Defendant caused to be submitted an electronic PPP loan application to “Bank 1”
seeking $20,000. Such application falsely affirmed, among other information, that
Defendant was the sole proprietor of a business established on Feb. 15, 2019, which
had $8,000 in average monthly payroll. Defendant knew these assertions to be false.

In reliance on false representations made in Defendant’s PPP application,
“Bank 1” headquartered in Delaware deposited money by means of wire
communication into Defendant’s bank account at “Bank 2,” and Defendant thereafter

accessed some of these funds in Georgia.
Case 4:22-cr-00064-RSB-CLR Document 25 _ Filed 06/08/22 Page 3of10

3. Possible Sentence

Defendant’s guilty plea will subject her to the following maximum possible
sentence: 20 years’ imprisonment, 3 years’ supervised release, a $250,000 fine, such
restitution as may be ordered by the Court, and forfeiture of all forfeitable assets.
The Court additionally must impose a $100 special assessment per count of
conviction.

4. No Promised Sentence

No one has promised Defendant that the Court will impose any particular
sentence or a sentence within any particular range. The Court is not bound by any
estimate of sentence given or recommendations made by Defendant’s counsel, the
government, the U.S. Probation Office, or anyone else. The Court may impose a
sentence up to the statutory maximum. Defendant will not be allowed to withdraw
her plea of guilty if she receives a more severe sentence than she expects.

5. Court’s Use of Sentencing Guidelines

The Court is obligated to use the United States Sentencing Guidelines to
calculate the applicable guideline range for Defendant’s offense. The Sentencing
Guidelines are advisory; the Court is not required to impose a sentence within the
range those Guidelines suggest. The Court will consider that range, possible
departures under the Sentencing Guidelines, and other sentencing factors under 18
U.S.C. § 3553(a), in determining the Defendant’s sentence. The Sentencing

Guidelines are based on all of Defendant’s relevant conduct, pursuant to U.S.S.G. §

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Case 4:22-cr-00064-RSB-CLR Document 25 Filed 06/08/22 Page 4of10

1B1.3, not just the conduct underlying the particular Count or Counts to which
Defendant is pleading guilty.

6. Agreements Regarding Sentencing Guidelines

a. Use of Information

Nothing in this agreement precludes the government from providing full and
accurate information to the Court and U.S. Probation Office for use in calculating the
applicable Sentencing Guidelines range. Any incriminating information provided by
the defendant during her cooperation will not be used in determining the applicable
Guidelines range, pursuant to Section 1B1.8 of the Sentencing Guidelines.

b. Acceptance of Responsibility

If the Court determines that Defendant qualifies for an adjustment under
U.S.S.G. § 3E1.1(a), and the offense level prior to operation of § 3E1.1(a) is 16 or
greater, the government will move for an additional one-level reduction in offense
level pursuant to Section 3E1.1(b) based on Defendant’s timely notification of her
intention to enter a guilty plea.

c. Low End of Guidelines Range

The government will recommend that Defendant be sentenced to the low end
of the advisory Guidelines range determined by the Court at sentencing.

d. Amount of Loss

The government and Defendant agree to recommend to the U.S. Probation
Office and the Court at sentencing that the amount of loss, for purposes of Section

2B1.1 of the Sentencing Guidelines, is not more than $40,000.

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Case 4:22-cr-00064-RSB-CLR Document 25 Filed 06/08/22 Page5of10

7. Cooperation

a. Complete and Truthful Cooperation

This agreement does not require Defendant to cooperate. If Defendant elects
to cooperate, however, she must provide full, complete, candid, and truthful
cooperation in the investigation and prosecution of the offenses charged in her
Indictment and any related offenses. Defendant shall fully and truthfully disclose
her knowledge of those offenses and shall fully and truthfully answer any question
put to her by law enforcement officers about those offenses.

This agreement does not require Defendant to “make a case” against any
particular person. Her benefits under this agreement are conditioned only on her
cooperation and truthfulness, not on the outcome of any trial, grand jury, or other
proceeding.

b. Motion for Reduction in Sentence Based on Cooperation

The government, in its sole discretion, will decide whether Defendant’s
cooperation qualifies as “substantial assistance” pursuant to U.S.S.G. § 5K1.1 or Fed.
R. Crim. P. 35 and thereby warrants the filing of a motion for downward departure
or reduction in Defendant’s sentence. If such a motion is filed, the Court, in its sole
discretion, will decide whether, and to what extent, Defendant’s sentence should be
reduced. The Court is not required to accept any recommendation by the government

that the Defendant’s sentence be reduced.
Case 4:22-cr-00064-RSB-CLR Document 25 Filed 06/08/22 Page 6of10

8. Financial Obligations and Agreements

a. Restitution

The amount of restitution ordered by the Court shall include restitution for the
full loss caused by Defendant's total criminal conduct. Restitution is not limited to
the specific counts to which Defendant is pleading guilty. Any restitution judgment
is intended to and will survive Defendant, notwithstanding the abatement of any
underlying criminal conviction.

b. Special Assessment

Defendant agrees to pay a special assessment in the amount of $100, payable
to the Clerk of the United States District Court, which shall be due immediately at
the time of sentencing.
9. Waivers

a. Waiver of Appeal

Defendant entirely waives her right to a direct appeal of her conviction and
sentence on any ground (including any argument that the statute to which the
defendant is pleading guilty is unconstitutional or that the admitted conduct does not
fall within the scope of the statute). The only exceptions are that the Defendant may
file a direct appeal of her sentence if (1) the court enters a sentence above the
statutory maximum, (2) the court enters a sentence above the advisory Sentencing
Guidelines range found to apply by the court at sentencing; or (3) the Government
appeals the sentence. Absent those exceptions, Defendant explicitly and irrevocably

instructs her attorney not to file an appeal.
Case 4:22-cr-00064-RSB-CLR Document 25 _ Filed 06/08/22 Page 7 of 10

b. Waiver of Collateral Attack

Defendant entirely waives her right to collaterally attack her conviction and
sentence on any ground and by any method, including but not limited to a 28 U.S.C.
§ 2255 motion. The only exception is that Defendant may collaterally attack her
conviction and sentence based on a claim of ineffective assistance of counsel.

c. FOIA and Privacy Act Waiver

Defendant waives all rights, whether asserted directly or through a
representative, to request or receive from any department or agency of the United
States any record pertaining to the investigation or prosecution of this case under the
authority of the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of
1974, 5 U.S.C. § 552a, and all subsequent amendments thereto.

d. Fed. R. Crim. P. 11(f) and Fed. R. Evid. 410 Waiver

Rule 11( of the Federal Rules of Criminal Procedure and Rule 410 of the
Federal Rules of Evidence ordinarily limit the admissibility of statements made by a
defendant during the course of plea discussions or plea proceedings. Defendant
knowingly and voluntarily waives the protections of these rules. If Defendant fails
to plead guilty, or her plea of guilty is later withdrawn, all of Defendant’s statements
in connection with this plea, and any leads derived therefrom, shall be admissible for
any and all purposes.

10. Defendant's Rights

Defendant has the right to be represented by counsel, and if necessary have

the court appoint counsel, at trial and at every other critical stage of the proceeding.

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Case 4:22-cr-00064-RSB-CLR Document 25 Filed 06/08/22 Page 8 of 10

Defendant possesses a number of rights which she will waive by pleading guilty,
including: the right to plead not guilty, or having already so pleaded, to persist in
that plea; the right to a jury trial; and the right at trial to confront and cross-examine
adverse witnesses, to be protected from compelled self-incrimination, to testify and
present evidence, and to compel the attendance of witnesses.

11. Satisfaction with Counsel

Defendant has had the benefit of legal counsel in negotiating this agreement.
Defendant believes that her attorney has represented her faithfully, skillfully, and
diligently, and she is completely satisfied with the legal advice given and the work
performed by her attorney.

12. Breach of Plea Agreement

If Defendant fails to plead guilty, withdraws or attempts to withdraw her
guilty plea, commits any new criminal conduct following the execution of this
agreement, or otherwise breaches this agreement, the government is released from
all of its agreements regarding Defendant’s sentence, including any agreements
regarding the calculation of Defendant’s advisory Sentencing Guidelines. In addition,
the government may declare the plea agreement null and void, reinstate any counts
that may have been dismissed pursuant to the plea agreement, and/or file new
charges against Defendant that might otherwise be barred by this plea agreement.
Defendant waives any statute-of-limitations or speedy trial defense to prosecutions

reinstated or commenced under this paragraph.
Case 4:22-cr-00064-RSB-CLR Document 25 _ Filed 06/08/22 Page 9of10

13. Entire Agreement

This agreement contains the entire agreement between the government and

Defendant.

Date

Date

DAVID H. ESTES
UNITED STATES ATTORNEY

Patricia Rhodes
Chief, Criminal! Division

Chris Howard
N.Y. Bar No. 4935938
Assistant United States Attorney


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