United States v. Marlon McKnight — Plea Agreement, Eastern District of Virginia (Document 20)
Summary
A Plea Agreement in United States of America v. Marlon McKnight, No. 4:21-cr-71, in the U.S. District Court for the Eastern District of Virginia, Newport News Division, filed January 18, 2022 as Document 20. The defendant agrees to plead guilty to Count One of the Indictment, Wire Fraud under 18 U.S.C. § 1343, carrying a maximum term of 20 years of imprisonment and a fine of $250,000, and the United States will move to dismiss the remaining counts at sentencing. The defendant agrees that restitution is mandatory, with the amount to be determined at sentencing, and agrees to forfeit fraud-related assets or a forfeiture money judgment. The agreement includes appeal, FOIA and Privacy Act waivers and a Statement of Special Assessment Account for $100.00.
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“United States v. Marlon McKnight — Plea Agreement, Eastern District of Virginia (Document 20).”
Original at ecf.vaed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-mcknight-dkt-20-e-d-va-eb9f6d2240/
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Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 1 of 12 PageID# 48
FILED
IN OPEN COURT
IN THE UNITED STATES DISTRICT COURT FOR THE
JAN 1 8 2G22
EASTERN DISTRICT OF VIRGINIA
Newport News Division CLERK, U.S. DISTRICT COURT
NORFOLK, VA
UNITED STATES OF AMERICA
V. No. 4:21-cr-71
MARLON MCKNIGHT,
Defendant.
PLEA AGREEMENT
Jessica D. Aber, United States Attorney for the Eastern District of Virginia; undersigned
counsel for the United States; the defendant, Marlon McKnight; and the defendant's counsel
have entered into an agreement pursuant to Rule 11 ofthe Federal Rules of Criminal Procedure.
The terms ofthis Plea Agreement are as follows:
1. Offense and Maximum Penalties
The defendant agrees to plead guilty to Count One ofthe Indictment. Coxmt One charges
the defendant with Wire Fraud,in violation of 18 U.S.C. § 1343. The maximum penalties for
this offense are: a maximum term of20 years ofimprisonment, a fine of$250,000,full
restitution as outlined below,forfeiture of assets as outlined below, a special assessment pursuant
to 18 U.S.C. § 3013, and a maximum supervised release term of3 years. The defendant
understands that any supervised release term is in addition to any prison term the defendant may
receive, and that a violation of a term ofsupervised release could result in the defendant being
returned to prison for the full term of supervised release.
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2. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty ofthe charged
offenses. The defendant admits the facts set forth in the Statement of Facts filed with this Plea
Agreement and agrees that those facts establish guilt ofthe offenses charged beyond a reasonable
doubt. The Statement of Facts, which is hereby incorporated into this Plea Agreement,
constitutes a stipulation offacts for purposes of Section IB 1.2(c) ofthe Sentencing Guidelines.
3. Assistance and Advice of Counsel
The defendant is satisfied that the defendant's attorney has rendered effective assistance.
The defendant understands that by entering into this Plea Agreement, defendant surrenders
certain rights as provided in this agreement. The defendant understands that the rights of
criminal defendants include the following:
a. the right to plead not guilty and to persist in that plea;
b. the right to a jury trial;
c. the right to be represented by counsel—and,if necessary, have the court
appoint counsel—^at trial and at every other stage ofthe proceedings; and
d. 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.
4. Sentencing Guidelines, Recommendations,and Roles
The defendant understands that the Court has jurisdiction and authority to impose any
sentence within the statutory maximum described above, but that the Court will determine the
defendant's actual sentence in accordance with 18 U.S.C. § 3553(a). The defendant understands
that the Court has not yet determined a sentence and that any estimate ofthe advisory sentencing
range under the U.S. Sentencing Commission's Sentencing Guidelines Manual the defendant
may have received fiom the defendant's counsel, the United States, or the Probation Office, is a
nACM
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prediction, not a promise, and is not binding on the United States, the Probation Office, or the
Court. Additionally, pursuant to the Supreme Court's decision in United States v. Booker, 543
U.S. 220(2005), the Court, after considering the factors set forth in 18 U.S.C. § 3553(a), may
impose a sentence above or below the advisory sentencing range, subject only to review by
higher courts for reasonableness. The United States makes no promise or representation
concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty
plea based upon the actual sentence.
The United States and the defendant agree that the defendant has assisted the government
in the investigation and prosecution ofthe defendant's own misconduct by timely notifying
authorities ofthe defendant's intention to enter a plea of guilty, thereby permitting the
government to avoid preparing for trial and permitting the government and the Court to allocate
their resources efficiently. If the defendant qualifies for a two-level decrease in offense level
pursuant to U.S.S.G. § 3El.l(a) and the offense level prior to the operation ofthat section is a
level 16 or greater, the government agrees to file, pursuant to U.S.S.G. § 3El.l(b), a motion prior
to, or at the time of, sentencing for an additional one-level decrease in the defendant's offense
level.
The United States and the defendant have not agreed on any further sentencing issues,
whether related to the Sentencing Guidelines or the factors listed in 18 U.S.C. § 3553(a), other
than those set forth above or elsewhere in this Plea Agreement. Accordingly, any such
determinations will be made by the Court at sentencing.
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5. Waiver of Appeal,FOIA,and Privacy Act Rights
The defendant also understands that 18 U.S.C. § 3742 affords a defendant the right to
appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal
the conviction and any sentence within the statutory maximum described above (or the manner in
which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any
groimd whatsoever other than an ineffective assistance of counsel claim that is cognizable on
direct appeal, in exchange for the concessions made by the United States in this Plea Agreement.
This agreement does not affect the rights or obligations ofthe United States as set forth in 18
U.S.C. § 3742(b). The defendant also hereby waives all rights, whether asserted directly or by a
representative, to request or receive from any department or agency ofthe United States any
records pertaining to the investigation or prosecution ofthis case, including without limitation
any records that may be sought under the Freedom ofInformation Act, 5 U.S.C. § 552, or the
Privacy Act, 5 U.S.C. § 552a.
6. Immunity from Further Prosecution in This District
The United States will not further criminally prosecute the defendant in the Eastem
District of Virginia for the specific conduct described in the Indictment or Statement of Facts.
7. Dismissal of Other Counts
As a condition ofthe execution ofthis agreement and the Court's acceptance ofthe
defendant's plea of guilty, the United States will move to dismiss the remaining counts pending
against this defendant at the conclusion ofthis defendant's sentencing hearing.
MOM
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8. Payment of Monetary Penalties
The defendant understands and agrees that, pursuant to 18 U.S.C. § 3613 and 18 U.S.C.
§ 3572, all monetary penalties imposed by the Court, including restitution, will be due
immediately and subject to immediate enforcement by the United States as provided for in
Section 3613. Within 14 days of a request, the defendant agrees to provide all ofthe defendant's
financial information to the United States and the Probation Office and, if requested,to
participate in a pre-sentencing debtor's examination and/or complete a financial statement under
penalty of peijury. Ifthe Court imposes a schedule of payments,the defendant understands that
the schedule of payments is merely a minimum schedule of payments and not the only method,
nor a limitation on the methods, available to the United States to enforce the judgment. Until all
monetary penalties are paid in fiill, the defendant will be referred to the Treasury Offset Program
so that any federal payment or transfer ofreturned property to the defendant will be offset and
applied to pay the defendant's ruipaid monetary penalties. Ifthe defendant is incarcerated, the
defendant agrees to participate voluntarily in the Bureau ofPrisons' Inmate Financial
Responsibility Program, regardless of whether the Court specifically directs participation or
imposes a schedule of payments. Defendant agrees to make good-faith efforts toward payment
of all monetary penalties imposed by the Court.
9. Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special
assessment of$100 per felony count of conviction, pursuant to 18 U.S.C. § 3013(a)(2)(A).
Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 6 of 12 PageID# 53
10. Restitution
The defendant agrees that restitution is mandatory pursuant to 18 U.S.C. § 3663A(c)(l),
and the defendant agrees to the entry of a Restitution Order for the foil amoimt ofthe victims'
losses determined by the Coirrt. Pursuant to 18 U.S.C. § 3663A(c)(2), the defendant further
agrees that an offense listed in Section 3663A(c)(l) gave rise to this Plea Agreement and, as
such, victims ofthe conduct described in the charging instrument. Statement of Facts, or any
related or similar conduct shall be entitled to restitution. The parties agree that restitution will be
determined at the time of sentencing.
11. Forfeiture Agreement
The defendant understands that the forfeiture of assets is part ofthe sentence that must be
imposed in this case. The defendant agrees to forfeit all interests in any fraud related asset that
the defendant owns or over which the defendant exercises control, directly or indirectly. This
includes any property that is traceable to, derived from,fungible with, or a substitute for the
fraud related assets.
The defendant imderstands that ifthe assets subject to forfeiture are not available to the
United States to be forfeited, the Court must enter a forfeiture money judgment in the amount of
the rmavailable assets. United States v. Blackman, 746 F.3d 137(4th Cir. 2014).
The defendant further agrees to waive all interest in the asset(s) in any administrative or
judicial forfeiture proceeding, whether criminal or civil, state or federal. The defendant agrees to
consent to the entry of orders offorfeiture for such property and waives the requirements of
Federal Rules of Criminal Procedure 32.2 and 43(a)regarding notice ofthe forfeiture in the
charging instrument, announcement ofthe forfeiture at sentencing, and incorporation ofthe
forfeiture in the judgment. Defendant admits and agrees that the conduct described in the
Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 7 of 12 PageID# 54
charging instrument and Statement of Facts provides a sufficient factual and statutory basis for
the forfeiture ofthe property sought by the government.
In addition, if restitution is ordered as part ofthe sentence and in the event the defendant
submits a financial affidavit to the U.S. Attorney's Office and the U.S. Attorney's Office
determines in its sole discretion that the defendant meets the criteria for restoration under the
restoration policy ofthe Money Laundering and Asset Recovery Section("MLARS")ofthe U.S.
Department of Justice, including an inability to pay both restitution and forfeiture, the U.S.
Attorney's Office will submit a restoration request to MLARS that any amount obtained through
forfeiture to be applied towards any restitution ordered. If, however,the U.S. Attorney's Office
determines in its sole discretion that the defendant does not meet those criteria, the U.S.
Attorney's Office shall be under no obligation to make any such request. The defendant further
understands that MLARS,which is not bound by this agreement, retains ultimate discretion
regarding whether to grant or deny any restoration request. Moreover,the defendant
acknowledges that a defendant has no right to an offset against restitution for any property
forfeited. United States v. Blackman,746 F.3d 137(4th Cir. 2014), and agrees not to challenge
any decision made by the U.S. Attorney's Office or MLARS with respect to any decision with
respect to any restoration recommendation. The defendant also agrees not to request that the
Court reduce or otherwise offset any forfeiture order entered by the amount of restitution ordered
or any restitution order entered by the amount of any forfeiture ordered.
12. Waiver of Further Review of Forfeiture
The defendant further agrees to waive all constitutional and statutory challenges to
forfeiture in any manner (including direct appeal, habeas corpus, or any other means)to any
forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the
7
Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 8 of 12 PageID# 55
forfeiture constitutes an excessive fine or punishment. The defendant also waives any failure by
the Court to advise the defendant of any applicable forfeiture at the time the guilty plea is
accepted as required by Rule 1 l(b)(l)(J). The defendant agrees to take all steps as requested by
the United States to pass clear title to forfeitable assets to the United States, and to testify
truthfully in any judicial forfeiture proceeding. The defendant understands and agrees that all
property covered by this agreement is subject to forfeiture..
13. The Defendant's Obligations Regarding Assets Subject to Forfeiture
Upon request by the government,the defendant agrees to identify all assets in which the
defendant had any interest or over which the defendant exercises or exercised control, directly or
indirectly, within the past three years firom the date ofthe defendant's signature on this Plea
Agreement. The defendant agrees to take all steps as requested by the United States to obtain
from any other parties by any lawful means any records of assets owned at any time by the
defendant. The defendant agrees to undergo any polygraph examination the United States may
choose to administer conceming such assets and to provide and/or consent to the release ofthe
defendant's tax returns for the previous five years. The defendant understands that the proceeds
ofthe offense(s) are subject to forfeiture and cannot be used for any purpose, to include
attomey's fees and living expenses.
14. Breach of the Plea Agreement and Remedies
This Plea Agreement is effective when signed by the defendant, the defendant's attorney,
and an attomey for the United States. The defendant agrees to entry ofthis Plea Agreement at
the date and time scheduled with the Court by the United States (in consultation with the
defendant's attomey). If the defendant withdraws from this agreement, or commits or attempts
to commit any additional federal, state, or local crimes, or intentionally gives materially false.
Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 9 of 12 PageID# 56
incomplete, or misleading testimony or information, or otherwise violates any provision ofthis
agreement, then:
a. The United States will be released from its obligations imder this
agreement. The defendant, however, may not withdraw the guilty plea
entered pursuant to this agreement.
b. The defendant will be subject to prosecution for any federal criminal
violation, including, but not limited to, perjury and obstruction ofjustice,
that is not time-barred by the applicable statute oflimitations on the date
this agreement is signed. Notwithstanding the subsequent expiration of
the statute oflimitations, in any such prosecution, the defendant agrees to
waive any statute-of-limitations defense.
c. Any prosecution, including the prosecution that is the subject ofthis
agreement, may be premised upon any information provided, or
statements made, by the defendant, and all such information, statements,
and leads derived therefrom may be used against the defendant. The
defendant waives any right to claim that statements made before or after
the date ofthis agreement, including the Statement of Facts accompanying
this agreement or adopted by the defendant and any other statements made
pursuant to this or any other agreement with the United States, should be
excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. 11(f),
the Sentencing Guidelines, or any other provision ofthe Constitution or
federal law.
Any alleged breach ofthis agreement by either party shall be determined by the Court in
an appropriate proceeding at which the defendant's disclosures and documentary evidence shall
be admissible and at which the moving party shall be required to establish a breach ofthis Plea
Agreement by a preponderance ofthe evidence.
15. Nature of the Agreement and Modifications
This written agreement constitutes the complete plea agreement between the United
States, the defendant, and the defendant's covmsel. The defendant and the defendant's attorney
acknowledge that no threats, promises, or representations have been made, nor agreements
reached, other than those set forth in writing in this Plea Agreement or any associated documents
filed with the Court,to cause the defendant to plead guilty. Any modification ofthis Plea
Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 10 of 12 PageID# 57
Agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement
signed by all parties.
Jessica D. Aber
United States Attorney
By: ^
Brian J. Samuels
Assistant United States Attorney
10
Case 4:21-cr-00071-AWA-RJK Document 20 Filed 01/18/22 Page 11 of 12 PageID# 58
Defendant's Signature: I hereby agree that I have consulted with my attorney and fully
xmderstand all rights with respect to the pending criminal Indictment. Further, I fully imderstand
all rights with respect to 18 U.S.C. § 3553 and the provisions ofthe Sentencing Guidelines
Manual that may apply in my case. I have read this Plea Agreement and carefully reviewed
every part of it with my attorney. I imderstand this agreement and voluntarily agree to it.
MarloVMcKnight
Defense Counsel's Signature: I am counsel for the defendant in this case. I have fully
explained to the defendant the defendant's rights with respect to the pending Indictment.
Further, I have reviewed 18 U.S.C. § 3553 and the Sentencing Guidelines Manual, and I have
fully explained to the defendant the provisions that may apply in this case. I have carefully
reviewed every part ofthis Plea Agreement with the defendant. To my knowledge,the
defendant's decision to enter into this agreement is an informed and voluntary one.
Date:
S. Ellenson, Esq.
!!ounsel for the Defendant
11
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U. S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your Special Assessment only. There may be other penalties imposed at
sentencing.
ACCOUNT INFORMATION
CRM.ACTION NO.: 4:2I-cr-7I
DEFENDANT'S NAME: Marlon McKnight
PAY TfflS AMOUNT: $100.00
INSTRUCTIONS:
1. MAKE CHECK OR MONEY ORDER PAYABLE TO:
CLERK,U.S. DISTRICT COURT
2. PAYMENT MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE.
3. PAYMENT SHOULD BE SENT TO:
In-Person(9 AM to 4 PM) By Mail:
Clerk, U.S. District Court
Alexandria Cases: 401 Courthouse Square
Alexandria, VA 22314
Clerk, U.S. District Court
Richmond Cases: 701 East Broad Street, Suite 3000
Richmond,VA 23219
Clerk, U.S. District Court
Newport News Cases: 2400 West Ave., Suite 100
Newport News,VA 23607
Clerk, U.S. District Court
Norfolk Cases: 600 Granhy Street
Norfolk, VA 23510
4. INCLUDE DEFENDANT'S NAME ON CHECK OR MONEY ORDER.
5. ENCLOSE THIS COUPON TO ENSURE PROPER AND PROMPT APPLICATION OF
PAYMENT.
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