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Plea Agreement as to Aksel Markaryan — USA v. Margaryan et al (Dkt. 383, C.D. Cal.)

Summary

The plea agreement between Aksel Markaryan, aka "Axel Mark," and the United States Attorney's Office for the Central District of California in United States v. Markaryan, No. 2:25-CR-458-CV-3, filed September 23, 2026 as Document 383. The defendant agrees to plead guilty to count sixteen of the indictment, bank fraud under 18 U.S.C. § 1344(2), and the parties agree that restitution of at least $3,383,000 is due to the U.S. Small Business Administration. The USAO agrees to move to dismiss the remaining counts at sentencing. In the factual basis the defendant admits serving as the owner of the shell company Global Dynamic IT, opening its bank account and acting as the strawman purchaser of Global Ultimate Management in a scheme to obtain SBA-guaranteed Preferred Lender Program loans, including from First Internet Bank of Indiana.

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

“Plea Agreement as to Aksel Markaryan — USA v. Margaryan et al (Dkt. 383, C.D. Cal.).” Original at ecf.cacd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-margaryan-et-al-dkt-383-c-d-cal-a22eb8347f/, SHA-256 04b7bbf6bc51e2095166497f221f9931a2dea804f90e0e349557d42a89968aaf.

Full text

      Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 1 of 21 Page ID
                                        #:2169


1    TODD BLANCHE
     Attorney General
2    BILAL A. ESSAYLI
     First Assistant United States Attorney
3    JENNIFER L. WAIER
     Chief Assistant United States Attorney
4    Chief, Criminal Division
     ANDREW M. ROACH (Cal. Bar No. 293375)
5    Assistant United States Attorney
     Major Frauds Section
6    DAVID C. LACHMAN (Cal. Bar No. 261711)
     Assistant United States Attorney
7    Major Frauds Section
          1100 United States Courthouse
8         312 North Spring Street
          Los Angeles, California 90012
9         Telephone: (213) 894-0306/5564
          E-mail:     andrew.roach@usdoj.gov
10                    david.lachman@usdoj.gov

11   Attorneys for Plaintiff
     UNITED STATES OF AMERICA
12
                              UNITED STATES DISTRICT COURT
13
                       FOR THE CENTRAL DISTRICT OF CALIFORNIA
14
     UNITED STATES OF AMERICA,                No. 2:25-CR-458-CV-3
15
                Plaintiff,                    PLEA AGREEMENT FOR DEFENDANT
16                                            AKSEL MARKARYAN
                     v.
17
     AKSEL MARKARYAN,
18     aka “Axel Mark,”

19              Defendant.

20

21        1.    This constitutes the plea agreement between Aksel
22   Markaryan, aka “Axel Mark” (“defendant”), and the United States
23   Attorney’s Office for the Central District of California (the “USAO”)
24   in this case.    This agreement is limited to the USAO and cannot bind
25   any other federal, state, local, or foreign prosecuting, enforcement,
26   administrative, or regulatory authorities.
27

28
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1                               DEFENDANT’S OBLIGATIONS

2         2.    Defendant agrees to:

3               a.    At the earliest opportunity requested by the USAO and

4    provided by the Court, appear and plead guilty to count sixteen of

5    the indictment in United States v. Aksel Markaryan, No. 2:25-CR-458-

6    CV-3, which charges defendant with bank fraud, in violation of 18

7    U.S.C. § 1344(2) (count sixteen).

8               b.    Not contest facts agreed to in this agreement.

9               c.    Abide by all agreements regarding sentencing contained
10   in this agreement.

11              d.    Appear for all court appearances, surrender as ordered

12   for service of sentence, obey all conditions of any bond, and obey

13   any other ongoing court order in this matter.

14              e.    Not commit any crime; however, offenses that would be

15   excluded for sentencing purposes under United States Sentencing

16   Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not

17   within the scope of this agreement.

18              f.    Be truthful at all times with the United States

19   Probation and Pretrial Services Office and the Court.

20              g.    Pay the applicable special assessments at or before

21   the time of sentencing unless defendant has demonstrated a lack of

22   ability to pay such assessments.

23                                        RESTITUTION

24        3.    Defendant agrees that any and all criminal debt ordered by

25   the Court will be due in full and immediately.          The government is not

26   precluded from pursuing, in excess of any payment schedule set by the
27   Court, any and all available remedies by which to satisfy defendant’s

28

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1    payment of the full financial obligation, including referral to the

2    Treasury Offset Program.

3         4.    Defendant further agrees to:

4               a.    Complete the Financial Disclosure Statement on a form

5    provided by the USAO and, within 30 days of defendant’s entry of a

6    guilty plea, deliver the signed and dated statement, along with all

7    of the documents requested therein, to the USAO by either email at

8    usacac.FinLit@usdoj.gov (preferred) or mail to the USAO Financial

9    Litigation Section at 300 North Los Angeles Street, Suite 7516, Los
10   Angeles, CA 90012.       Defendant agrees that defendant’s ability to pay

11   criminal debt shall be assessed based on the completed Financial

12   Disclosure Statement and all required supporting documents, as well

13   as other relevant information relating to ability to pay.

14              b.    Authorize the USAO to obtain a credit report upon

15   returning a signed copy of this plea agreement.

16        5.    Consent to the USAO inspecting and copying all of

17   defendant’s financial documents and financial information held by the

18   United States Probation and Pretrial Services Office.

19                                THE USAO’S OBLIGATIONS

20        6.    The USAO agrees to:

21              a.    Not contest facts agreed to in this agreement.

22              b.    Abide by all agreements regarding sentencing contained

23   in this agreement.

24              c.    At the time of sentencing, move to dismiss the

25   remaining counts of the indictment as against defendant.             Defendant

26   agrees, however, that at the time of sentencing the Court may
27   consider any dismissed charges in determining the applicable

28

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1    Sentencing Guidelines range, the propriety and extent of any

2    departure from that range, and the sentence to be imposed.

3                d.    At the time of sentencing, provided that defendant

4    demonstrates an acceptance of responsibility for the offenses up to

5    and including the time of sentencing, recommend a two-level reduction

6    in the applicable Sentencing Guidelines offense level, pursuant to

7    U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an

8    additional one-level reduction if available under that section.

9                                NATURE OF THE OFFENSES
10        7.     Defendant understands that for defendant to be guilty of

11   the crime charged in count sixteen, that is, bank fraud, in violation

12   of Title 18, United States Code, Section 1344(2), the following must

13   be true: (1) defendant knowingly carried out a scheme or plan to

14   obtain money or property from a financial institution by making false

15   statements or promises; (2) defendant knew that the statements or

16   promises were false; (3) the statements or promises were material;

17   that is, they had a natural tendency to influence, or were capable of

18   influencing, a financial institution to part with money or

19   property;     (4) defendant acted with the intent to defraud; and

20   (5) the financial institution was federally insured.

21        8.     A defendant may be found guilty of bank fraud, as charged

22   in count sixteen, even if the defendant personally did not commit the

23   act or acts constituting the crime but aided and abetted in its

24   commission.      For defendant to be guilty of the crime under an aiding

25   and abetting theory, the following must be true: (1) someone else

26   committed bank fraud or money laundering; (2) defendant aided,
27   counseled, commanded, induced or procured that person with respect to

28   at least one element of bank fraud or money laundering; (3) defendant

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1    acted with the intent to facilitate bank fraud; and (4) the defendant

2    acted before the crime was completed.

3         9.    A defendant may be found guilty of bank fraud, as charged

4    in count sixteen, even if the defendant personally did not commit the

5    crime if defendant was a member of a scheme to defraud and that the

6    defendant had the intent to defraud.        For defendant to be guilty of

7    the crime under scheme liability the offense must be one that the

8    defendant could reasonably foresee as a necessary and natural

9    consequence of the scheme to defraud.
10                             PENALTIES AND RESTITUTION

11        10.   Defendant understands that the statutory maximum sentence

12   that the Court can impose for bank fraud, in violation of Title 18,

13   United States Code, Section 1344(2), is: thirty years’ imprisonment;

14   a five-year period of supervised release; a fine of $250,000 or twice

15   the gross gain or gross loss resulting from the offense, whichever is

16   greatest; and a mandatory special assessment of $100.

17        11.   Defendant understands that defendant will be required to

18   pay full restitution to the victims of the offenses to which

19   defendant is pleading guilty.       Defendant agrees that, in return for

20   the United States’ compliance with its obligations under this

21   agreement, the Court may order restitution to persons other than the

22   victims of the offenses to which defendant is pleading guilty and in

23   amounts greater than those alleged in the counts to which defendant

24   is pleading guilty.      In particular, defendant agrees that the Court

25   may order restitution to any victim of any of the following for any

26   losses suffered by that victim as a result: (a) any relevant conduct,
27   as defined in U.S.S.G. § 1B1.3, in connection with the offense to

28   which defendant is pleading guilty; and (b) any counts dismissed

                                           5
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                                        #:2174


1    pursuant to this agreement as well as all relevant conduct, as

2    defined in U.S.S.G. § 1B1.3, in connection with those counts.            The

3    parties agree that the total amount of restitution due is at least

4    $3,383,000, payable to the U.S. Small Business Administration.

5         12.   Defendant understands that supervised release is a period

6    of time following imprisonment during which defendant will be subject

7    to various restrictions and requirements.         Defendant understands that

8    if defendant violates one or more of the conditions of any supervised

9    release imposed, defendant may be returned to prison for all or part
10   of the term of supervised release authorized by statute for the

11   offense that resulted in the term of supervised release, which could

12   result in defendant serving a total term of imprisonment greater than

13   the statutory maximum stated above.

14        13.   Defendant understands that, by pleading guilty, defendant

15   may be giving up valuable government benefits and valuable civic

16   rights, such as the right to vote, the right to possess a firearm,

17   the right to hold office, and the right to serve on a jury.

18   Defendant understands that he is pleading guilty to felonies and that

19   it is a federal crime for a convicted felon to possess a firearm or

20   ammunition.    Defendant understands that the convictions in this case

21   may also subject defendant to various other collateral consequences,

22   including but not limited to revocation of probation, parole, or

23   supervised release in another case and suspension or revocation of a

24   professional license.      Defendant understands that unanticipated

25   collateral consequences will not serve as grounds to withdraw

26   defendant’s guilty plea.
27        14.   Defendant and his counsel have discussed the fact that, and

28   defendant understands that, if defendant is not a United States

                                           6
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                                        #:2175


1    citizen, the convictions in this case makes it practically inevitable

2    and a virtual certainty that defendant will be removed or deported

3    from the United States.      Defendant may also be denied United States

4    citizenship and admission to the United States in the future.

5    Defendant understands that while there may be arguments that

6    defendant can raise in immigration proceedings to avoid or delay

7    removal, removal is presumptively mandatory and a virtual certainty

8    in this case.    Defendant further understands that removal and

9    immigration consequences are the subject of a separate proceeding and
10   that no one, including his attorney or the Court, can predict to an

11   absolute certainty the effect of his convictions on his immigration

12   status.    Defendant nevertheless affirms that he wants to plead guilty

13   regardless of any immigration consequences that his plea may entail,

14   even if the consequence is automatic removal from the United States.

15                                    FACTUAL BASIS

16        15.    Defendant admits that defendant is, in fact, guilty of the

17   offenses to which defendant is agreeing to plead guilty.            Defendant

18   and the USAO agree to the statement of facts provided below and agree

19   that this statement of facts is sufficient to support plea of guilty

20   to the charges described in this agreement and to establish the

21   Sentencing Guidelines factors set forth in paragraph 17 below but is

22   not meant to be a complete recitation of all facts relevant to the

23   underlying criminal conduct or all facts known to either party that

24   relate to that conduct.

25        In 2023, in Los Angeles County, within the Central District of

26   California, defendant participated in a scheme with other co-schemers
27   that obtained money and property from financial institutions,

28   including First Internet Bank of Indiana, through false

                                           7
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1    representations and fake loans to obtain Preferred Lender Program

2    (“PLP”) loans guaranteed by the U.S. Small Business Administration.

3    As part of the scheme, co-schemers would (1) pose as the owners and

4    operators of non-existent businesses; (2) open multiple bank accounts

5    in the names of those non-existent businesses in order to launder the

6    proceeds of loans; and (3) prepare, sign, procure, and/or submit to

7    financial institutions and the SBA (a) agreements that purported to

8    show the purchase of businesses that the co-schemers knew were, in

9    fact, non-existent; (b) bank statements in the names of non-existent
10   businesses that were fabricated to make it appear that such non-

11   existent businesses had legitimate bank balances and activity;

12   (c) fake resumes and fake personal financial statements;

13   (d) fraudulent income statements and balance sheets; and (e) false

14   federal income tax returns.

15        Defendant’s role in the scheme was to serve as the owner of a

16   non-existent shell company, sign certain documents, open a bank

17   account, and provide access to that bank account to Co-schemer 1.             In

18   furtherance of this scheme, in or around 2023, from within the

19   Central District of California, and with the assistance of Co-

20   Schemer 1, defendant personally created, caused the creation, or

21   aided and abetted in the creation of the shell business Global

22   Dynamic IT (“GDI”) and defendant opened a bank account in GDI’s name.

23   At the urging of Co-schemer 1, defendant agreed to serve as the

24   strawman purchaser of another business, Global Ultimate Management

25   (“GUM”).   Defendant knew that a fake loan would be applied for in

26   order for him to serve as the strawman purchaser of GUM, which (1) he
27   knew he would not truly own, (2) he never intended to own or operate,

28   and (3) he knew was not a real business.        As part of the loan

                                           8
      Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 9 of 21 Page ID
                                        #:2177


1    process, defendant signed certain loan documents on behalf of his

2    shell company GDI in the presence of a notary, gave his information

3    to co-schemers, and provided the co-schemers with access to GDI’s

4    bank account.    Defendant acknowledged he did all of this in order to

5    facilitate the application for the fraudulent loan.

6           As part of the scheme, on November 1, 2023, from within the

7    Central District of California, a Business Purchase Agreement and

8    Joint Escrow Instructions containing defendant’s signature was

9    submitted to First Internet Bank of Indiana, a federally insured
10   financial institution, purporting to show that defendant, on behalf

11   of his purported company GDI was purchasing GUM for approximately

12   $3.65 million.    At the time, defendant knew that the overall

13   transaction and loan were fake and being done with the intent to

14   deceive and cheat banks and others, here, the First Internet Bank of

15   Indiana and the SBA, because defendant, in fact, knew that GDI was a

16   fake shell company that conducted no business activity and he would

17   not be the true owner of GUM, and that this purported transaction and

18   supporting documents were intended to fraudulently induce the bank

19   and the SBA to provide his company with a loan.          Defendant

20   acknowledges that these representations ultimately fraudulently

21   induced First Internet Bank of Indiana to make a PLP loan to GDI on

22   the representation that GDI would use the loan proceeds to purchase

23   GUM.   As part of this scheme, among other false documents submitted

24   to First Internet Bank of Indiana to receive this PLP loan, co-

25   schemers fabricated bank statements that purported to show that

26   defendant’s JP Morgan Chase account ending in 1343 had a balance of
27   approximately $805,002.02, when defendant’s actual balance in this

28   account was a mere $5,002.02.

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     Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 10 of 21 Page ID
                                       #:2178


1         Defendant agreed with Co-Schemer 1 to serve as the strawman

2    purchaser in this transaction knowing that certain misrepresentations

3    would be made, and knowing that they were material, that is, they

4    would cause First Internet Bank of Indiana and the SBA to part with

5    money and fund defendant’s loan.       In doing so, defendant admits and

6    acknowledges that he, at minimum, aided and abetted in the commission

7    of bank fraud, as charged in count 16 of the indictment.           Ultimately,

8    these representations caused First Internet Bank of Indiana and the

9    SBA to approve the loan for GDI in the amount of $3,383,000, which
10   was paid to the purported seller of GUM for defendant’s benefit.

11                                SENTENCING FACTORS

12        16.   Defendant understands that in determining defendant’s

13   sentence the Court is required to calculate the applicable Sentencing

14   Guidelines range and to consider that range, possible departures

15   under the Sentencing Guidelines, and the other sentencing factors set

16   forth in 18 U.S.C. § 3553(a).      Defendant understands that the

17   Sentencing Guidelines are advisory only, that defendant cannot have

18   any expectation of receiving a sentence within the calculated

19   Sentencing Guidelines range, and that after considering the

20   Sentencing Guidelines and the other § 3553(a) factors, the Court will

21   be free to exercise its discretion to impose any sentence it finds

22   appropriate up to the maximum set by statute for the crimes of

23   conviction.

24   //

25   //

26   //
27

28

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     Case 2:25-cr-00458-CV    Document 383 Filed 09/23/26   Page 11 of 21 Page ID
                                        #:2179


1         17.   Defendant and the USAO agree to the following applicable

2    Sentencing Guidelines factors:

3    Base Offense Level:                  7     U.S.S.G. § 2B1.1(a)(1)
     Specific Offense
4    Characteristics:
5
        - Loss amount between $1.5        +16   U.S.S.G. § 2B1.1(b)(1)(I)
6         million and $3.5 million

7
     Defendant and the USAO reserve the right to argue that additional
8
     specific offense characteristics, adjustments, and departures under
9
     the Sentencing Guidelines are appropriate, however, the USAO agrees
10
     to not argue for a loss amount higher than agreed-upon loss amount of
11
     between $1.5 million and $3.5 million under U.S.S.G.
12
     § 2B1.1(b)(1)(I).       Defendant understands that defendant’s offense
13
     level could be increased if defendant is a career offender under
14
     U.S.S.G. §§ 4B1.1 and 4B1.2.       If defendant’s offense level is so
15
     altered, defendant and the USAO will not be bound by the agreement to
16
     Sentencing Guideline factors set forth above.          Defendant understands
17
     that there is no agreement as to defendant’s criminal history or
18
     criminal history category.
19
          18.   Defendant and the USAO reserve the right to argue for a
20
     sentence outside the sentencing range established by the Sentencing
21
     Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),
22
     (a)(2), (a)(3), (a)(6), and (a)(7).
23
                             WAIVER OF CONSTITUTIONAL RIGHTS
24
          19.   Defendant understands that by pleading guilty, defendant
25
     gives up the following rights:
26
                a.    The right to persist in a plea of not guilty.
27
                b.    The right to a speedy and public trial by jury.
28

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     Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 12 of 21 Page ID
                                       #:2180


1               c.    The right to be represented by counsel –- and if

2    necessary have the Court appoint counsel -- at trial.          Defendant

3    understands, however, that, defendant retains the right to be

4    represented by counsel –- and if necessary have the Court appoint

5    counsel –- at every other stage of the proceeding.

6               d.    The right to be presumed innocent and to have the

7    burden of proof placed on the government to prove defendant guilty

8    beyond a reasonable doubt.

9               e.    The right to confront and cross-examine witnesses
10   against defendant.

11              f.    The right to testify and to present evidence in

12   opposition to the charges, including the right to compel the

13   attendance of witnesses to testify.

14              g.    The right not to be compelled to testify, and, if

15   defendant chose not to testify or present evidence, to have that

16   choice not be used against defendant.

17              h.    Any and all rights to pursue any affirmative defenses,

18   Fourth Amendment or Fifth Amendment claims, and other pretrial

19   motions that have been filed or could be filed.

20                           WAIVER OF APPEAL OF CONVICTION

21        20.   Defendant understands that, with the exception of an appeal

22   based on a claim that defendant’s guilty plea were involuntary, by

23   pleading guilty defendant is waiving and giving up any right to

24   appeal defendant’s convictions on the offenses to which defendant is

25   pleading guilty.     Defendant understands that this waiver includes,

26   but is not limited to, arguments that the statute to which defendant
27   is pleading guilty are unconstitutional, and any and all claims that

28

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     Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 13 of 21 Page ID
                                       #:2181


1    the statement of facts provided herein is insufficient to support

2    defendant’s plea of guilty.

3               WAIVER OF APPEAL OF SENTENCE AND COLLATERAL ATTACK

4         21.   Defendant gives up the right to appeal all of the

5    following: (a) the procedures and calculations used to determine and

6    impose any portion of the sentence; (b) the term of imprisonment

7    imposed by the Court, including, to the extent permitted by law, the

8    constitutionality or legality of defendant’s sentence, provided it is

9    within the statutory maximum; (c) the fine imposed by the Court,
10   provided it is within the statutory maximum; (d) the amount and terms

11   of any restitution order; (e) the term of probation or supervised

12   release imposed by the Court, provided it is within the statutory

13   maximum; and (f) any of the following conditions of probation or

14   supervised release imposed by the Court: the conditions set forth in

15   Second Amended General Order 20-04 of this Court; the drug testing

16   conditions mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d); and the

17   alcohol and drug use conditions authorized by 18 U.S.C. § 3563(b)(7).

18        22.   Defendant also gives up any right to bring a post-

19   conviction collateral attack on the convictions or sentence,

20   including any order of restitution, except a post-conviction

21   collateral attack based on a claim of ineffective assistance of

22   counsel, a claim of newly discovered evidence, or an explicitly

23   retroactive change in the applicable Sentencing Guidelines,

24   sentencing statutes, or statutes of conviction.         Defendant

25   understands that this waiver includes, but is not limited to,

26   arguments that the statutes to which defendant is pleading guilty are
27   unconstitutional, and any and all claims that the statement of facts

28

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                                       #:2182


1    provided herein is insufficient to support defendant’s plea of

2    guilty.

3         23.     This agreement does not affect in any way the right of the

4    USAO to appeal the sentence imposed by the Court.

5         WAIVER OF RIGHTS CONCERNING PLEA COLLOQUY AND FACTUAL BASIS

6         24.     Defendant agrees that: (i) any statements made by

7    defendant, under oath, at the guilty plea hearing; (ii) the agreed to

8    factual basis statement in this agreement; and (iii) any evidence

9    derived from such statements, shall be admissible against defendant
10   in any action against defendant, and defendant waives and gives up

11   any claim under the United States Constitution, any statute, Rule 410

12   of the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of

13   Criminal Procedure, or any other federal rule, that the statements or

14   any evidence derived from the statements should be suppressed or are

15   inadmissible.

16        Defendant further agrees that this paragraph of the agreement is

17   severable.     Thus, defendant’s waivers are binding and effective even

18   if, subsequent to defendant’s signing this agreement, defendant

19   declines to plead guilty, the Court declines to accept his guilty

20   plea, or, if this agreement is of the type described in Federal Rule

21   of Criminal Procedure 11(c)(1)(A) or (c)(1)(C), the Court rejects

22   this agreement.     Defendant also agrees that his waivers are binding

23   and effective even if some other portion of this agreement is found

24   to be invalid by this Court or the Ninth Circuit.

25                       RESULT OF WITHDRAWAL OF GUILTY PLEA

26        25.     Defendant agrees that if, after entering guilty plea
27   pursuant to this agreement, defendant seeks to withdraw and succeeds

28   in withdrawing defendant’s guilty plea on any basis other than a

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                                        #:2183


1    claim and finding that entry into this plea agreement was

2    involuntary, then (a) the USAO will be relieved of all of its

3    obligations under this agreement; and (b) should the USAO choose to

4    pursue any charge that was either dismissed or not filed as a result

5    of this agreement, then (i) any applicable statute of limitations

6    will be tolled between the date of defendant’s signing of this

7    agreement and the filing commencing any such action; and

8    (ii) defendant waives and gives up all defenses based on the statute

9    of limitations, any claim of pre-indictment delay, or any speedy
10   trial claim with respect to any such action, except to the extent

11   that such defenses existed as of the date of defendant’s signing this

12   agreement.

13                    RESULT OF VACATUR, REVERSAL OR SET-ASIDE

14        26.     Defendant agrees that if any count of conviction is

15   vacated, reversed, or set aside, the USAO may: (a) ask the Court to

16   resentence defendant on any remaining count of conviction, with both

17   the USAO and defendant being released from any stipulations regarding

18   sentencing contained in this agreement, (b) ask the Court to void the

19   entire plea agreement and vacate defendant’s guilty plea on any

20   remaining count of conviction, with both the USAO and defendant being

21   released from all their obligations under this agreement, or

22   (c) leave defendant’s remaining conviction, sentence, and plea

23   agreement intact.       Defendant agrees that the choice among these three

24   options rests in the exclusive discretion of the USAO.

25                             EFFECTIVE DATE OF AGREEMENT

26        27.     This agreement is effective upon signature and execution of
27   all required certifications by defendant, defendant’s counsel, and an

28   Assistant United States Attorney.

                                           15
     Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 16 of 21 Page ID
                                       #:2184


1                                 BREACH OF AGREEMENT

2            28.   Defendant agrees that if defendant, at any time after the

3    signature of this agreement and execution of all required

4    certifications by defendant, defendant’s counsel, and an Assistant

5    United States Attorney, knowingly violates or fails to perform any of

6    defendant’s obligations under this agreement (“a breach”), the USAO

7    may declare this agreement breached.       All of defendant’s obligations

8    are material, a single breach of this agreement is sufficient for the

9    USAO to declare a breach, and defendant shall not be deemed to have
10   cured a breach without the express agreement of the USAO in writing.

11   If the USAO declares this agreement breached, and the Court finds

12   such a breach to have occurred, then: (a) if defendant has previously

13   entered guilty plea pursuant to this agreement, defendant will not be

14   able to withdraw the guilty plea, and (b) the USAO will be relieved

15   of all its obligations under this agreement.

16           29.   Following the Court’s finding of a knowing breach of this

17   agreement by defendant, should the USAO choose to pursue any charge

18   that was either dismissed or not filed as a result of this agreement,

19   then:

20                 a.   Defendant agrees that any applicable statute of

21   limitations is tolled between the date of defendant’s signing of this

22   agreement and the filing commencing any such action.

23                 b.   Defendant waives and gives up all defenses based on

24   the statute of limitations, any claim of pre-indictment delay, or any

25   speedy trial claim with respect to any such action, except to the

26   extent that such defenses existed as of the date of defendant’s
27   signing this agreement.

28

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     Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26    Page 17 of 21 Page ID
                                       #:2185


1           COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES

2                                 OFFICE NOT PARTIES

3         30.   Defendant understands that the Court and the United States

4    Probation and Pretrial Services Office are not parties to this

5    agreement and need not accept any of the USAO’s sentencing

6    recommendations or the parties’ agreements to facts or sentencing

7    factors.

8         31.   Defendant understands that both defendant and the USAO are

9    free to: (a) supplement the facts by supplying relevant information
10   to the United States Probation and Pretrial Services Office and the

11   Court, (b) correct any and all factual misstatements relating to the

12   Court’s Sentencing Guidelines calculations and determination of

13   sentence, and (c) argue on appeal and collateral review that the

14   Court’s Sentencing Guidelines calculations and the sentence it

15   chooses to impose are not error, although each party agrees to

16   maintain its view that the sentencing guidelines calculations above

17   are consistent with the facts of this case.           While this paragraph

18   permits both the USAO and defendant to submit full and complete

19   factual information to the United States Probation and Pretrial

20   Services Office and the Court, even if that factual information may

21   be viewed as inconsistent with the facts agreed to in this agreement,

22   this paragraph does not affect defendant’s and the USAO’s obligations

23   not to contest the facts agreed to in this agreement.

24        32.   Defendant understands that even if the Court ignores any

25   sentencing recommendation, finds facts or reaches conclusions

26   different from those agreed to, and/or imposes any sentence up to the
27   maximum established by statute, defendant cannot, for that reason,

28   withdraw defendant’s guilty plea, and defendant will remain bound to

                                          17
     Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 18 of 21 Page ID
                                       #:2186


1    fulfill all defendant’s obligations under this agreement.           Defendant

2    understands that no one –- not the prosecutor, defendant’s attorney,

3    or the Court –- can make a binding prediction or promise regarding

4    the sentence defendant will receive, except that it will be within

5    the statutory maximum.

6                              NO ADDITIONAL AGREEMENTS

7         33.   Defendant understands that, except as set forth herein,

8    there are no promises, understandings, or agreements between the USAO

9    and defendant or defendant’s attorney, and that no additional
10   promise, understanding, or agreement may be entered into unless in a

11   writing signed by all parties or on the record in court.

12   //

13   //

14   //

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Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 19 of 21 Page ID
                                  #:2187




                                                      September 23, 2026
Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 20 of 21 Page ID
                                  #:2188
Case 2:25-cr-00458-CV   Document 383 Filed 09/23/26   Page 21 of 21 Page ID
                                  #:2189


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