United States v. Ashlee Parker — Plea Agreement, Southern District of Georgia (Document 42)

Summary

A plea agreement in United States of America v. Ashlee Parker, CR 422-100 (Case 4:22-cr-00100-RSB-CLR), in the U.S. District Court for the Southern District of Georgia, Savannah Division, filed March 7, 2023 as Document 42. Parker agrees to plead guilty to Count Nine of the Indictment, false document under 18 U.S.C. § 1001(a)(3), and the government will move to dismiss the remaining counts at sentencing. The factual basis states that from about May 2020 until about April 2021 Parker and co-conspirators obtained EIDL and PPP proceeds, including an EIDL application on or about July 14, 2020 supported by a tax document falsely reporting $102,840 in gross income, which led to a $41,000 EIDL. The parties agree to recommend a loss amount of more than $1,500,000 but not more than $3,500,000; the filing ends with an order accepting the plea.

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 Case 4:22-cr-00100-RSB-CLR        Document 42     Filed 03/07/23      Page 1 of 13




                     UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF GEORGIA
                             SAVANNAH DIVISION



 UNITED STATES OF AMERICA


                    V.                                    CR:422-100


 ASHLEE PARKER


                              PLEA AGREEMENT


      Defendant Ashlee Parker, represented by Defendant's counsel Richard A.

Grossman and L. David Wolfe, and the United States of America, represented by

Assistant United States Attorneys Jonathan A. Porter and Ryan C. Grover, have

reached a plea agreement in this case. The terms and conditions of that agreement

are as follows.


1.    Guiltv Plea

      Defendant agrees to enter a plea of guilty to Count Nine of the Indictment,

which charges a violation of 18 U.S.C. § 1001(a)(3), False Document.

2.    Elements and Factual Basis


      The elements necessary to prove the offense charged in Count Nine are (1)the

Defendant made or used the document, as charged;(2) the document was false;(3)

the falsity concerned a material matter;(4) the Defendant acted willfully, knowing

that the document was false; and (5) the false document was made or used for a

matter within the jurisdiction of a department or agency of the United States.
  Case 4:22-cr-00100-RSB-CLR        Document 42     Filed 03/07/23    Page 2 of 13




      Defendant agrees that the Defendant is, in fact, guilty of this offense. The

Defendant agrees to the accuracy of the following facts, which satisfy each of the

offense's required elements:

      Beginning in or about May 2020 and continuing until in or about April 2021,

in the Southern District of Georgia, and elsewhere, Parker with other co-conspirators

agreed to a scheme by which Parker and her co-conspirators would illegally obtain

Economic Injury Disaster Loan ("EIDL") and Paycheck Protection Program ("PPP")

proceeds under false and fraudulent pretenses, including by making false statements

about the applicant's company's gross revenue, payroll, and formation date, and by

supplying fake documents to the United States Small Business Administration

("SBA")in support of their fraudulent loan applications.

      Among other fraudulent SBA applications, Parker submitted, on or about July

14, 2020, an electronic application for an EIDL from the SBA on behalf of"Company

7" ("EIDL Apphcation 8047") owned by Individual 7. In connection with EIDL

Application 8047, Parker falsely affirmed that Company 7 was a retail business and

had earned $102,840 in gross revenue in the twelve months prior to January 31, 2020.

Individual 7 received a $41,000 EIDL from the SBA based on Parker's fraudulent

submission. Individual 7 then paid Parker a percentage of the proceeds for filling out

the application.

      In connection with that fraudulent EIDL application on behalf ofIndividual 7,

Parker did willfully and knowingly make and use a false writing and document,

knowing the same to contain a materially false, fictitious, and fraudulent statement
 Case 4:22-cr-00100-RSB-CLR         Document 42       Filed 03/07/23    Page 3 of 13




and entry in a matter within the jurisdiction ofthe execute branch ofthe Government

of the United States, by transmitting to the SBA a tax document that falsely stated

that Individual 7 had a Retail-Clothing business, located within the Southern District

of Georgia, that earned $102,840 in gross income in 2019 in connection with EIDL

Apphcation 8047, when in fact, as Parker then and there well knew, the transmitted

tax document contained false data. The falsity in the document was material in that

the SBA would not have approved EIDL Application 8047 had it known that the

document was fake.


      All in violation of Title 18, United States Code, Section 1001(a)(3).

3.    Possible Sentence


      Defendant's guilty plea wiU subject the Defendant to the following maximum

possible sentence: 5 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
 Case 4:22-cr-00100-RSB-CLR         Document 42     Filed 03/07/23    Page 4 of 13




Defendant's plea of guilty if the Defendant receives a more severe sentence than the

Defendant 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 Guidehnes suggest.       The Court will consider that range, possible

departures under the Sentencing Guidelines, and other sentencing factors under 18

U.S.C. § 3553(a), in determining the Defendant's sentence.           The Sentencing

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

IB 1.3, not just the conduct underlying the particular Count or Counts to which

Defendant is pleading guilty.

6.    Agreements Regarding Sentencing Guidelines


      a.      Use of Information

      Nothing in this agreement precludes the government from providing full and

accurate information to the Court and U.S. Probation Office for use in calculating the

applicable Sentencing Guidelines range. Any incriminating information provided by

the Defendant during the Defendant's cooperation will not be used in determining

the applicable Gmdelines range, pursuant to Section IB1.8 of the Sentencing

Guidelines.


      b.      Acceptance of Resnonsibilitv
     Case 4:22-cr-00100-RSB-CLR       Document 42     Filed 03/07/23    Page 5 of 13




      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 3E1.1(b) based on Defendant's timely notification ofthe Defendant's intention

to enter a guilty plea.

      C.     Amount of T^nss


      The government and Defendant agree to recommend to the U.S. Probation Office

and the Court at sentencing that the amount ofloss, for purposes of Section 2B1.1 ofthe

Sentencing Guidefines, is more than $1,500,000 but not more than $3,500,000.

7.    Dismissal of Other Counts


      At sentencing, the government wiU move to dismiss any other Counts of the

Indictment that remain pending against Defendant.

8.    Cooperation


      a.     Complete and Truthful Cooperation Required

      If Defendant chooses to cooperate. Defendant must provide full, complete, candid,

and truthful cooperation in the investigation and prosecution of the offenses charged in

Defendant's Indictment and any related offenses. Defendant shall fully and truthfully

disclose Defendant's knowledge of those offenses and shall fully and truthfully answer

any question put to her by law enforcement officers about those offenses.

      This agreement does not require Defendant to "make a case" against any

particular person. Defendant's benefits under this agreement are conditioned only
 Case 4:22-cr-00100-RSB-CLR         Document 42      Filed 03/07/23    Page 6 of 13




on Defendant's cooperation and truthfulness, not on the outcome of any trial, grand

jury, or other proceeding.

      b.     Motion for Reduction in Sentence Based on Cooperation

      The government, in its sole discretion, will decide whether Defendant's

cooperation qualifies as "substantial assistance" pursuant to U.S.S.G.§ 5K1.1 or Fed.

R. Grim. P. 35 and thereby warrants the fifing 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.


9.    Financial Obligations and Agreements


      a.     Restitution


      The amount of restitution ordered by the Court shall include restitution for the

full loss caused by Defendant's total criminal conduct. Restitution is not limited to

the specific counts to which Defendant is pleading guilty. Any restitution judgment

is intended to and will survive Defendant, notwithstanding the abatement of any

underlying criminal conviction.

      b.     Special Assessment


      Defendant agrees to pay a special assessment in the amount of $100, payable

to the Clerk of the United States District Court, which shall be due immediately at

the time of sentencing.

      c.     Release of Appearance Bond
 Case 4:22-cr-00100-RSB-CLR          Document 42     Filed 03/07/23   Page 7 of 13




      Defendant authorizes the Clerk of the United States District Court to release

the funds posted as security for an appearance bond in this case to be applied to

satisfy any of the financial obligations imposed by judgment of the Court in this case.

      d.     Required Financial Disclosures

      By the date that Defendant enters a guilty plea, Defendant shall complete a

financial disclosure form listing all Defendant's assets and financial interests,

whether held directly or indirectly, solely or jointly, in Defendant's name or in the

name of another. Defendant shall sign the financial disclosure form under penalty of

pei^'ury and provide that form to the Financial Litigation Unit of the United States

Attorney's Office and to the United States Probation Office. Defendant authorizes

the United States to obtain credit reports on Defendant and to share the contents of

those reports with the Court and the United States Probation Office. Defendant also

authorizes the United States Attorney's Office to inspect and copy all financial

documents and information held by the United States Probation Office.

      e.     Financial Examination


      Defendant will submit to an examination under oath on the issue of

Defendant's financial disclosures and assets if deemed necessary by the United

States. Such examination will occur not later than 30 days after the entry of

Defendant's guilty plea.

      f.     No Transfer of Assets

      Defendant certifies that Defendant has made no transfer of assets in

contemplations of this prosecution for the purpose of evading or defeating financial
 Case 4:22-cr-00100-RSB-CLR          Document 42      Filed 03/07/23     Page 8 of 13




obligations created by this Agreement or that may be imposed upon Defendant by the

Court at sentencing. Defendant promises that Defendant will make no such transfers

in the future,


       g.    Material Change in Circumstances

      Defendant agrees to notify the United States of any material change in

circumstances, as described in 18 U.S.C. § 3664(k), that occurs prior to sentencing in

this case. Such notification will be made within seven days of the event giving rise

to the changed circumstances, and in no event later than the date of sentencing.

      h.     Enforcement


      Any payment schedule imposed by the Court is without prejudice to the United

States to take all actions and remedies available to it to collect the full amount of the

financial obligations imposed by the judgment of the Court in this case. Defendant

understands and agrees that the financial obligations imposed by the judgment ofthe

Court in this case will be placed on the Treasury Offset Program so that any federal

payment that Defendant receives may be offset and applied to the judgment debt

without regard to or affecting any payment schedule imposed by the Court.

10.   Waivers


      a.     Waiver of Appeal

      Defendant entirely waives Defendant's right to a direct appeal of Defendant's

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



                                           8
 Case 4:22-cr-00100-RSB-CLR         Document 42     Filed 03/07/23    Page 9 of 13




the Defendant may file a direct appeal of Defendant's 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

exphcitly and irrevocably instructs Defendant's attorney not to file an appeal.

      b.      Waiver of Collateral Attack


      Defendant entirely waives Defendant's right to collaterally attack Defendant's

conviction and sentence on any ground and by any method, including but not hmited

to a 28 U.S.C. § 2255 motion. The only exception is that Defendant may collaterally

attack Defendant's 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 fi'om any department or agency of the United

States any record pertaining to the investigation or prosecution ofthis case under the

authority of the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of

1974, 5 U.S.C. § 552a, and all subsequent amendments thereto.

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

      Rule 11(f) of the Federal Rules of Criminal Procedure and Rule 410 of the

Federal Rules of Evidence ordinarily hmit the admissibility of statements made by a

Defendant during the course of plea discussions or plea proceedings. Defendant

knowingly and voluntarily waives the protections of these rules. If Defendant fails
 Case 4:22-cr-00100-RSB-CLR         Document 42      Filed 03/07/23     Page 10 of 13




to plead guilty, or Defendant's 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.

11.   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 Defendant 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.

12.   Satisfaction with Counsel


      Defendant has had the benefit of legal counsel in negotiating this agreement.

Defendant believes that Defendant's attorney has represented Defendant faithfully,

skillfully, and dihgently, and Defendant is completely satisfied with the legal advice

given and the work performed by Defendant's attorney.

13.   Breach of Plea Agreement


      If Defendant fails to plead guilty, withdraws or attempts to withdraw

Defendant's 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 ofDefendant's advisory Sentencing Guidelines. In addition,



                                          10
Case 4:22-cr-00100-RSB-CLR       Document 42      Filed 03/07/23   Page 11 of 13




the government may declare the plea agreement null and void, reinstate any counts

that may have been dismissed pursuant to the plea agreement, and/or file new

charges against Defendant that might otherwise be barred by this plea agreement.

Defendant waives any statute-of-limitations or speedy trial defense to prosecutions

reinstated or commenced under this paragraph.

14.    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




Date                                  J
                                      Georgia Bar No. 725457
                                      Assistant United States Attorney


liliohx
Date                                  Ryafo'C. Grover
                                      South Carolina Bar No. 101218
                                      Assistant United States Attorney




                                          11
Case 4:22-cr-00100-RSB-CLR          Document 42       Filed 03/07/23     Page 12 of 13




        I have read and carefully reviewed this agreement with my attorneys. 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.



 \ \ -o'n - 2Z
 Date                                    Ashlee Parker, Defendant


        I have fully explained to Defendant all of Defendant's rights, and I have

 carefully reviewed each and every part of this agreement with Defendant. I believe

 that Defendant fiilly and completely understands it, and that Defendant's decision to

 enter into this agreement is an informed, intelligent, and voluntary one.




 Date                                    Richard A. Grossman, Defendant's Attorney


        I have fully explained to Defendant all of Defendant's rights, and I have

 carefully reviewed each and every part of this agreement with Defendant. I believe

 that Defendant fully and completely understands it, and that Defendant's decision to

 enter into this agreement is an informed, in^ligent, and voluntary one.


//-

 Date                                    L. David Wolfe, De^^c ant's Attorney




                                           12
 Case 4:22-cr-00100-RSB-CLR        Document 42      Filed 03/07/23    Page 13 of 13




                      UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF GEORGIA
                              SAVANNAH DIVISION



 UNITED STATES OF AMERICA


                    V.                                     CR; 422-100


 ASHLEE PARKER



                                      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 Defendant's

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 7^day of                                  2.0Z 3.



                                THE HONORABLE WHXIAM T. MOORE, JR.
                                JUDGE, UNITED STATES DISTRICT COURT
                                SOUTHERN DISTRICT OF GEORGIA


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