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

Summary

A plea agreement filed July 13, 2022 in United States of America v. Cameron Mills, CR: 122-42 (Case 1:22-cr-00042-JRH-BKE), in the U.S. District Court for the Southern District of Georgia, Augusta Division, as Document 25. Mills agrees to plead guilty to Count Three of the Indictment, wire fraud under 18 U.S.C. 1343. The factual basis states that a Payroll Protection Program (PPP) loan application submitted to Bank 1 sought $20,833, falsely affirming a business called Cameron Mills with $100,000 in gross income in 2019, and that Bank 1 approved the loan on April 28, 2021. The maximum possible sentence listed is 20 years' imprisonment, 3 years' supervised release and a $250,000 fine. The agreement includes appeal and collateral attack waivers and an order accepting the plea.

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Full text

Case 1:22-cr-00042-JRH-BKE         Document 25     Filed 07/13/22    Page 1 of 11




                     UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF GEORGIA
                                 AUGUSTA DIVISION


 UNITED STATES OF AMERICA

                    V.                    )                CR; 122-42
                                          )
 CAMERON MILLS

                                 PLEA AGREEMENT

      Defendant Cameron Mills, represented by his counsel Scott Connell, 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 agrees to enter a plea of guilty to Count Three of the Indictment,
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 1:22-cr-00042-JRH-BKE         Document 25       Filed 07/13/22    Page 2 of 11




      Defendant agrees that he is, in fact, guilty of this offense. He agrees to the
accuracy of the following facts, which satisfy each of the offense's required elements:

In or around April 2021, Richmond County, within 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 company called "Cameron Mills." In

particular, on or about April 25,2021, Defendant caused to be submitted an electronic

PPP loan application to "Bank 1" seeking $20,833. Such applications falsely affirmed,
among other information, that Defendant had a business called "Cameron Mills" in

operation on Feb. 15, 2020, and that such business had $100,000 in gross income in

2019. Defendant knew these assertions to be false.

      In reliance on false representations made in Defendant's PPP application,
"Bank 1," headquartered in Florida, approved the requested loan for $20,833 on April
28, 2021, and by means of wire communication, deposited the loan into Defendant's

bank account at 'Bank 2,' headquartered in South Carolina. Defendant thereafter

attempted to access some of the funds in Georgia.



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Case 1:22-cr-00042-JRH-BKE        Document 25       Filed 07/13/22     Page 3 of 11




3.    Possible Sentence

      Defendant's guilty plea will subject him 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

his plea of guilty if he receives a more severe sentence than he 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. § 3o53(a), in determining the Defendant's sentence. The Sentencing
Guidelines are based on^of Defendant's relevant conduct, pursuant to U.S.S.G. §




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Case 1:22-cr-00042-JRH-BKE          Document 25    Filed 07/13/22     Page 4 of 11




IBI.3, not just the conduct underlying the particular Count or Counts to which

Defendant is pleading guilty.

6.    Agreements Regarding Sentencing Cuidelines

      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 his 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. § 3El.l(a), and the offense level prior to operation of § 3El.l(a) is 16 or

greater, the government will move for an additional one-level reduction in offense

level pursuant to Section 3E 1.1(b) based on Defendant's timely notification of his

intention to enter a guilty plea.

7.    Cooperation


      a.     Complete and Truthful Cooperation

      This agreement does not require Defendant to cooperate. If Defendant elects
to cooperate, however, he must provide full, complete, candid, and truthful

cooperation in the investigation and prosecution of the offenses charged in his
Indictment and any related offenses. Defendant shall fully and truthfully disclose
Case 1:22-cr-00042-JRH-BKE         Document 25      Filed 07/13/22     Page 5 of 11




his knowledge of those offenses and shall fully and truthfully answer any question
put to him by law enforcement officers about those offenses.

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

      h.      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. Grim. 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.

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
Case 1:22-cr-00042-JRH-BKE          Document 25       Filed 07/13/22     Page 6 of 11




      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 his right to a direct appeal of his 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 his 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 his
attorney not to file an appeal.

      b.     Waiver of Collateral Attack

      Defendant entirely waives his right to collaterally attack his 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 his
conviction and sentence based on a claim of ineffective assistance of counsel.

      c.     FOIA and Privacv 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


                                           6
Case 1:22-cr-00042-JRH-BKE          Document 25       Filed 07/13/22      Page 7 of 11




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. Grim. P. llffl and Fed. R. Evid. 410 Waiver

       Rule 11(f) 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 discus.sions or plea proceedings. Defendant
knowingly and voluntarily waives the protections of these rules. If Defendant fails

to plead guilty, or his 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.
Defendant possesses a number of rights which he 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 his attorney has represented him faithfully, skillfully, and



                                                                                         tiA
Case 1:22-cr-00042-JRH-BKE        Document 25       Filed 07/13/22     Page 8 of 11




diligently, and he is completely satisfied with the legal advice given and the work
performed by his attorney.

12.   Breach of Plea Agreement

      If Defendant fails to plead guilty, withdraws or attempts to withdraw his 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 agi-eement, 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 1:22-cr-00042-JRH-BKE      Document 25     Filed 07/13/22   Page 9 of 11




13.    Entire Agreement

       This agreement contains the entire agreement between the government and

Defendant.

                                    DAVID H. ESTES
                                    UNITED STATES ATTORNEY



Date                                Patricia G. Rhodes
                                    Chief, Criminal Division


 6-26-2022

Date                                Chris Howard
                                    N.Y. Bar No. 4935938
                                    Assistant United States Attorney
Case 1:22-cr-00042-JRH-BKE         Document 25       Filed 07/13/22     Page 10 of 11




       I have read and carefully reviewed this agreement with my attorney. I
 understand each provision of this agreement, and I voluntarily agree to it. I hereby
 stipulate that the factual basis set out therein is true and accurate in every respect.



                                         DefWuiant Cameron Mills


       I have fully explained to Defendant all of his rights, and I have carefully
 reviewed each and every part of this agreement with him. I believe that he fully and
 completely understands it, and that his decision to enter into this agreement is an
informed, intelligent, and voluntary one.




                                         Defdfl                 Scott-Connell




                                           10
Case 1:22-cr-00042-JRH-BKE        Document 25      Filed 07/13/22    Page 11 of 11




                     UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF GEORGIA
                              AUGUSTA DIVISION



UNITED STATES OF AMERICA

                    V.                                     CR: 122-42


 CAMERON MILLS



                                      ORDER


      The aforesaid Plea Agreement, having been considered by the Court in

conjunction with the interrogation by the Court of the defendant and the

defendant's attorney at a hearing on the defendant's motion to change his plea and

the Court finding that the plea of guilty is made freely, voluntarily and knowingly,

it is thereupon,

      ORDERED that the plea of guilty by defendant be, and it is, hereby accepted

and the foregoing Plea Agreement be, and it is, hereby ratified and confirmed.



             This                                     2022.




                                                         ^ES DISTRICT COURT
                                SOUTHERN DISTRICT OF GEORGIA


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