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/
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Case 2:25-cr-00458-CV Document 383 Filed 09/23/26 Page 1 of 21 Page ID
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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
2
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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
3
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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
4
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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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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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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
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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.
9
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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
10
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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
11
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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
12
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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
13
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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
14
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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
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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
16
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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
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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
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September 23, 2026
Case 2:25-cr-00458-CV Document 383 Filed 09/23/26 Page 20 of 21 Page ID
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Case 2:25-cr-00458-CV Document 383 Filed 09/23/26 Page 21 of 21 Page ID
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