United States v. Jonathan Ramaci — Plea Agreement, District of South Carolina (Entry Number 109)
Summary
Plea agreement in United States v. Jonathan Ramaci, Criminal No. 2:22-cr-00993-RMG, in the District Court of the United States for the District of South Carolina, Charleston Division, Entry Number 109, filed April 25, 2024. The Defendant agrees to plead guilty to Count 8 of the Indictment (wire fraud, 18 U.S.C. § 1343) and Count 17 (filing a false individual tax return, 26 U.S.C. § 7206(1)). The agreement lists the penalties for each count and a special assessment of $100.00 per felony count. It also provides for full restitution and for additional restitution of $1,009,684.00 for conduct not pleaded to, plus restitution to the IRS for taxes owed for calendar years 2017 to 2021.
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“United States v. Jonathan Ramaci — Plea Agreement, District of South Carolina (Entry Number 109).”
Original at ecf.scd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-ramaci-dkt-109-4aef81fce7/
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 1 of 13
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
UNITED STATES OF AMERICA Criminal No: 2:22-cr-00993-RMG
V.
PLEA AGREEMENT
JONATHAN RAMACI
General Provisions
This PLEA AGREEMENT is made this d,...r>~ay of April 2024, between the United
States of America, as represented by United States Attorney ADAIR F. BOROUGHS, Assistant
United States Attorney Amy F. Bower; the Defendant, JONATHAN RAMACI, and Defendant's
attorneys, Joseph Griffith and Jerry Theos.
IN CONSIDERATION of the mutual promises made herein, the parties agree as follows :
1. The Defendant agrees to plead guilty to Count 8 of the Indictment, which charges Wire
Fraud, a violation of 18 U.S.C. § 1343, and Count 17 of the Indictment, which charges
Filing a False Individual Tax Return, a violation of 26 U.S.C. § 7206(1).
In order to sustain its burden of proof, the Government is required to prove the following :
Count8
Wire Fraud
A. Defendant devised or intended to devise a scheme to defraud or to obtain money or
property by means of false or fraudulent pretenses, representations, or promises that
were material; and
B. For the purposes of executing the scheme, the Defendant transmitted or caused to
be transmitted by means of wire, radio, or television communication in interstate or
foreign commerce any writings, signs, signals, pictures, or sounds.
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 2 of 13
The penalty for this offense is:
Imprisonment for no more than 20 years; a fine of up to $250,000; supervised release for
no more than 3 years; and a special assessment of $100.
Count17
Filing a False Individual Income Tax Return
A. The taxpayer, here the Defendant, made and subscribed to a return, statement, or
other document that was false as to a material matter;
B. The return, statement, or other document contained a written declaration that it was
made under the penalties of perjury;
C. The taxpayer did not believe the return, statement, or other documents to be true
and correct as to every material matter; and
D. The taxpayer signed the return, statement or other document willfully and with the
specific intent to violate the law.
The penalty for this offense is:
Imprisonment for no more than 3 years; a fine of up $250,000, or the greater of twice the
gross gain or twice the gross loss of the offense, whichever is greater; supervised release
for not more than 1 year; and a special assessment of $100.
2. The Defendant understands and agrees that monetary penalties [i.e., special assessments,
restitution, fines and other payments required under the sentence] imposed by the Court
are due and payable immediately and subject to enforcement by the United States as civil
judgments, pursuant to 18 U.S.C. § 3613. In the event the Court imposes a schedule for
payment of restitution, the Defendant also understands that payments made in accordance
with installment schedules set by the Court are minimum payments only and do not
preclude the Government from seeking to enforce the judgment against other assets of the
Defendant at any time, as provided in 18 U.S.C. §§ 3612, 3613 and 3664(m). The
Defendant further agrees to enter into the Bureau of Prisons Inmate Financial Repayment
Program if sentenced to a term of incarceration with an unsatisfied monetary penalty. The
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 3 of 13
Defendant further understands that any monetary penalty imposed is not dischargeable in
bankruptcy.
A. Special Assessment: Pursuant to 18 U.S.C. §3013, the Defendant must pay
a special assessment of $100.00 for each felony count for which he is
convicted. This special assessment must be paid at or before the time of the
guilty plea hearing or during participation in the Bureau of Prisons Inmate
Financial Repayment Program if this plea results in incarceration.
B. Restitution:
The Defendant agrees to make full restitution under 18 U.S.C. § 3556 in an amount to be
determined by the Court at the time of sentencing, which amount is not limited to the
count(s) to which the Defendant pled guilty but will include restitution to each and every
identifiable victim who may have been harmed by his scheme or pattern of criminal
activity, pursuant to 18 U.S.C. § 3663 and§ 3663A.
In addition to the restitution that may be imposed by the Court pursuant to 18 U.S.C. §§
3556, 3663 and 3663A, as agreed to in this Agreement, the Defendant agrees to pay
additional restitution for conduct Defendant is not pleading guilty to in the amount of
$1,009,684.00. 1 The parties understand that this figure is not binding on the Court, and
should the Court not accept this restitution figure, the Defendant does not have the right to
withdraw his guilty plea.
The Defendant agrees to cooperate fully with the Government in identifying all victims.
Upon demand, the Defendant shall submit a personal financial statement under oath and
submit to interviews by the government and the U.S. Probation Office regarding the
Defendant's capacity to satisfy any fines or restitution. The Defendant expressly authorizes
the U.S. Attorney's Office to immediately obtain a credit report on the Defendant in order
to evaluate the Defendant's ability to satisfy any financial obligation imposed by the Court.
The Defendant understands that the Defendant has a continuing obligation to pay in full as
soon as possible any financial obligation imposed by the Court.
Pursuant to this Agreement, the Defendant agrees to pay restitution to the IRS, pursuant to
18 U.S.C. § 3663(a)(3) (permitting courts to "order restitution in any criminal case to the
extent agreed to by the parties in a plea agreement"), in the amount of taxes due and owing
by him to the United States for calendar years 2017 to 2021 , to be determined by the Court
at the time of sentencing. The Defendant agrees that the total amount of restitution he
agrees to pay, as reflected in this Agreement, to the IRS results from Defendant's
fraudulent conduct as set forth in the tax allegations of the Superseding Indictment. The
Defendant further agrees that the Court, pursuant to 18 U.S.C. § 3663(a)(3), may order him
to pay restitution to the IRS in the amount to be determined by the Court at the time of
1The Government agrees to not ask for additional restitution in excess of the $1 ,009,684.00
Defendant agrees to pay.
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sentencing. Defendant also agrees to pay interest on the restitution amount pursuant;
interest runs from the last date prescribed for payment of the relevant tax through the date
of sentencing.
Defendant agrees that restitution is due and payable immediately after the judgment is
entered and is subject to immediate enforcement, in full, by the United States. If the Court
imposes a schedule of payments, Defendant agrees that the schedule of payments is a
schedule of the minimum payment due, and that the payment schedule does not prohibit or
limit the methods by which the United States may immediately enforce the judgment in
full. The IRS will use the amount of restitution ordered as the basis for a civil assessment
under 26 U.S.C. § 6201(a)(4). Defendant does not have the right to challenge the amount
of this restitution-based assessment. See 26 U.S.C. § 6201(a)(4)(C). Neither the existence
of a restitution payment schedule nor Defendant's timely payment of restitution according
to that schedule will preclude the IRS from immediately collecting the full amount of the
restitution-based assessment.
Defendant is entitled to receive credit for restitution paid pursuant to this plea agreement
against those assessed civil tax liabilities due and owing for the same periods for which
restitution was ordered. Defendant understands and agrees that the plea agreement does
not resolve the Defendant' s civil tax liabilities, that the IRS may seek additional taxes,
interest and penalties from Defendant relating to the conduct covered by this plea
agreement and for conduct relating to another time period, and that satisfaction of the
restitution debt does not settle, satisfy, or compromise Defendant's obligation to pay any
remaining civil tax liability. Defendant authorizes release of information to the IRS for
purposes of making the civil tax and restitution-based assessments.
Defendant understands that Defendant is not entitled to credit with the IRS for any payment
until the payment is received by the IRS.
If full payment cannot be made immediately, Defendant agrees to make a complete and
accurate financial disclosure to the IRS on forms prescribed by the IRS (including, but not
limited to, IRS Form 433-A and Form 433-B, as appropriate), and to disclose to the IRS
any and all additional financial information and financial statements provided to the
probation office. Defendant also agrees to provide the above-described information to the
probation office.
If Defendant makes a payment of restitution prior to sentencing, the payment will be
applied as a credit against the ordered restitution amount.
Defendant agrees to send all payments made pursuant to the court's restitution order to the
Clerk of the Court at either of the following address:
Clerk, U.S. District Court
PO Box 835
Charleston, SC 29402
For USPS
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 5 of 13
Clerk, U.S. District Court
85 Broad Street
Charleston SC 29401
For UPS or Federal Express
With each payment to the Clerk of the Court made pursuant to the District Court's
restitution order, Defendant will provide the following information:
A. Defendant' s name and Social Security number;
B. The District Court and the docket number assigned to this case;
C. Tax year(s) or period(s) for which restitution has been ordered; and
D. A statement that the payment is being submitted pursuant to the District Court's
restitution order.
Defendant agrees to include a request that the Clerk of the Court send the information,
along with Defendant' s payments, to the IRS address below:
IRS - RACS
Attn: Mail Stop 6261 , Restitution
333 W. Pershing Ave.
Kansas City, MO 64108
Defendant also agrees to send a notice of any payments made pursuant to this agreement,
including the information listed in the previous paragraph, to the IRS at the following
address:
IRS -RACS
Attn: Mail Stop 6261, Restitution
333 W. Pershing Ave.
Kansas City, MO 64108
Upon demand, the Defendant shall submit a personal financial statement under oath and
submit to interviews by the government and the U.S. Probation Office regarding the
Defendant's capacity to satisfy any fines or restitution. The Defendant expressly authorizes
the U.S. Attorney's Office to immediately obtain a credit report on the Defendant in order
to evaluate the Defendant's ability to satisfy any financial obligation imposed by the
Court. The Defendant understands that the Defendant has a continuing obligation to pay
in full as soon as possible any financial obligation imposed by the Court.
C. Fines: The Defendant understands that the Court may impose a fine
pursuant to 18 U.S.C. §§ 3571 and 3572.
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3. Provided the Defendant complies with all the terms of this Agreement, the United States
agrees to move to dismiss the remaining counts of the Indictment at sentencing. The
Defendant understands that the Court may consider these dismissed counts as relevant
conduct pursuant to § 1B 1.3 of the United States Sentencing Commission Guidelines.
Further, provided the Defendant complies with all terms of this agreement, the United
States agrees to not prosecute or bring additional charges against the Defendant for any
other offenses arising out of or related to the allegations contained in the Superseding
Indictment.
4. The Defendant understands that the obligations of the Government within the Plea
Agreement are expressly contingent upon the Defendant' s abiding by federal and state laws
and complying with any bond executed in this case. In the event that the Defendant fails
to comply with any of the provisions of this Agreement, either express or implied, the
Government will have the right, at its sole election, to void all of its obligations under this
Agreement and the Defendant will not have any right to withdraw his/her plea of guilty to
the offense(s) enumerated herein.
Cooperation and Forfeiture
5. The Defendant agrees to be fully truthful and forthright with federal, state and local law
enforcement agencies by providing full, complete and truthful information about all
criminal activities about which he/she has knowledge. The Defendant must provide full,
complete and truthful debriefings about these unlawful activities and must fully disclose
and provide truthful information to the Government including any books, papers, or
documents or any other items of evidentiary value to the investigation. The Defendant
must also testify fully and truthfully before any grand juries and at any trials or other
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 7 of 13
proceedings if called upon to do so by the Government, subject to prosecution for perjury
for not testifying truthfully. The failure of the Defendant to be fully truthful and forthright
at any stage will, at the sole election of the Government, cause the obligations of the
Government within this Agreement to become null and void. Further, it is expressly agreed
that if the obligations of the Government within this Agreement become null and void due
to the lack of truthfulness on the part of the Defendant, the Defendant understands that:
A. the Defendant will not be permitted to withdraw his/her plea of guilty to the
offenses described above;
B. all additional charges known to the Government may be filed m the
appropriate district;
C. the Government will argue for a maximum sentence for the offense to which
the Defendant has pleaded guilty; and
D. the Government will use any and all information and testimony provided by
the Defendant pursuant to this Agreement, or any prior proffer agreements,
in the prosecution of the Defendant of all charges.
6. The Defendant agrees to submit to such polygraph examinations as may be requested by
the Government and agrees that any such examinations shall be performed by a polygraph
examiner selected by the Government. Defendant further agrees that his/her refusal to take
or his/her failure to pass any such polygraph examination to the Government's satisfaction
will result, at the Government's sole discretion, in the obligations of the Government within
the Agreement becoming null and void.
7. Provided the Defendant cooperates pursuant to the provisions of this Plea Agreement, and
that cooperation is deemed by the Government as providing substantial assistance in the
investigation or prosecution of another person, the Government agrees to move the Court
for a downward departure or reduction of sentence pursuant to United States Sentencing
Commission Guidelines § 5Kl.1 , 18 U.S.C. § 3553(e) or Federal Rule of Criminal
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 8 of 13
Procedure 35(b). Any such motion by the Government is not binding upon the Court, and
should the Court deny the motion, the Defendant will have no right to withdraw his/her
plea.
8. The Defendant agrees to voluntarily surrender to, and not to contest the forfeiture of any
and all assets and property, or portions thereof, which are subject to forfeiture pursuant to
any provision of law, including but not limited to, property in the possession or control of
the Defendant or Defendant's nominees. The Defendant agrees to voluntarily surrender,
and not contest the forfeiture of property identified in the Indictment, and any forfeiture
Bill of Particulars. Specifically, the defendant agrees to voluntarily surrender and not
contest the forfeiture of a 201 7 Alfa Romeo Giulia, VIN: ZARFAECN7H7 555208, Asset
ID: 23-FBI-000900, and the entry of a forfeiture judgment in an amount to be determined
by the court which represents the amount of gross proceeds of the offense of conviction
obtained by Defendant.
With regard to each and every asset listed in the Indictment or seized in a related
investigation or administrative, state, or local action, the Defendant stipulates and agrees:
The Defendant agrees and consents to the forfeiture of these assets pursuant to any
federal criminal, civil judicial or administrative forfeiture action. The Defendant also
hereby agrees to waive all constitutional, statutory and procedural challenges 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
forfeiture described herein constitutes an excessive fine, was not properly noticed in
the charging instrument, addressed by the Court at the time of the guilty plea,
announced at sentencing, or incorporated into the judgment.
To its forfeiture herein, if necessary as substitute property under 21 U.S.C. § 853(p), as
made applicable by 18 U.S.C. § 982(b)(l) or any other statute, or in a separate
administrative or civil judicial proceeding.
That the Defendant has or had a possessory interest or other legal interest in each item
or property.
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 9 of 13
To assist the United States in the recovery of all assets by (i) taking whatever steps are
necessary or requested by the United States to pass clear title to the United States; (ii)
preventing the disbursement of any moneys and sale of any property or assets; (iii) not
encumbering or transferring any real estate after the Defendant's signing of this Plea
Agreement; and (iv) directing all financial institutions to turn over and surrender to the
United States all funds and records regarding accounts listed in any document signed
by the Defendant pursuant to this plea agreement, as criminal proceeds or substitute
property.
The Defendant waives all rights to notice of forfeiture under Rule 32.2 and of any other
action or proceeding regarding such assets. The Defendant consents and waives all
rights to compliance by the United States with any applicable deadlines under 18
U.S.C. § 983(a). Any related administrative claim filed by the Defendant is hereby
withdrawn.
Pursuant to Rule 32.2(b)(4), the Defendant agrees that the preliminary order of
forfeiture will satisfy the notice requirement and will be final as to the Defendant at the
time it is entered. In the event the forfeiture is omitted from the judgment, the
Defendant agrees that the forfeiture order may be incorporated into the written
judgment at any time pursuant to Rule 36.
If the United States discovers that the Defendant has not fully disclosed all assets, the
United States may seek forfeiture of any subsequently-discovered assets, and the
Defendant agrees to the immediate forfeiture of any such assets.
The Defendant further agrees to make a full and complete disclosure of all assets over
which Defendant exercises control and those which are held or controlled by nominees.
The Defendant agrees that Federal Rule of Criminal Procedure 11 and § 1B 1. 8 of the
United States Sentencing Commission Guidelines will not protect from forfeiture,
assets disclosed by the Defendant as part of his/her cooperation. The Defendant further
agrees to submit to a polygraph examination on the issue of assets if it is deemed
necessary by the United States.
The Defendant agrees to waive any double jeopardy claims the Defendant may have as
a result of a forfeiture proceeding against any of these properties as provided for by this
Plea Agreement and agrees to waive any claims that the forfeiture described herein
constitutes an excessive fine.
Forfeiture of the Defendant' s assets shall not be treated as satisfaction of any fine,
restitution, cost of imprisonment, or any other penalty the Court may impose upon the
Defendant in addition to forfeiture. The United States may use the value of forfeited
property for restitution, but is not required to do so.
9. The Defendant also agrees to voluntarily transfer all right, title, interest and claim in the
above-described property and/or assets to the United States of America. Furthermore, the
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Defendant attests, under penalty of perjury, that the Defendant owns the above-described
property and/or assets free of any liens and encumbrances, and that no other person or
entity has a claim to the above-described property and/or assets.
Merger and Other Provisions
10. The Defendant and the Government stipulate and agree to the following for purposes of
calculating the Defendant's sentence pursuant to the United States Sentencing Commission
Guidelines:
A. For the purpose of calculating the Defendant' s sentence pursuant to the United
States Sentencing Commission Guidelines, the loss attributable to the Defendant
for the conduct set forth in Counts 8 through 13 of the Superseding Indictment is
$214,340.00.
B. Pursuant to § 2Tl .1 and § 2T4.1 of the United States Sentencing Commission
Guidelines, the Defendant's tax loss does not exceed $289,531 .00.
The Defendant understands that these stipulations are not binding upon the Court or the
United States Probation Office, and that the Defendant has no right to withdraw his plea
should these stipulations not be accepted. Further, the Defendant understands and
acknowledges that these stipulations are binding on the Government only in the event that
the Defendant complies with ALL of the terms of this Agreement and does not contest any
of the above stipulations.
11. If the Defendant complies with the terms of this Agreement, the Government agrees at
sentencing to recommend a sentence that does not exceed 24 months incarceration
(irrespective of fines, monetary penalties, and/or forfeitures) , followed by the appropriate
statutory term of supervised release. The Defendant understands that this recommendation
of the Government is not binding upon the Court or the United States Probation Office,
and that the Defendant has no right to withdraw his plea should this recommendation not
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 11 of 13
be accepted. Further, the Defendant understands and acknowledges that this
recommendation is binding on the Government only in the event that the Defendant
complies with ALL of the terms of this Agreement.
12. The Defendant represents to the court that he has met with his/her attorney on a sufficient
number of occasions and for a sufficient period of time to discuss the Defendant's case and
receive advice; that the Defendant has been truthful with his attorney and related all
information of which the Defendant is aware pertaining to the case; that the Defendant and
his attorney have discussed possible defenses, if any, to the charges in the Indictment
including the existence of any exculpatory or favorable evidence or witnesses, discussed
the Defendant's right to a public trial by jury or by the Court, the right to the assistance of
counsel throughout the proceedings, the right to call witnesses in the Defendant's behalf
and compel their attendance at trial by subpoena, the right to confront and cross-examine
the Government' s witnesses, the Defendant' s right to testify in his own behalf, or to remain
silent and have no adverse inferences drawn from his silence; and that the Defendant, with
the advice of counsel, has weighed the relative benefits of a trial by jury or by the Court
versus a plea of guilty pursuant to this Agreement, and has entered this Agreement as a
matter of the Defendant's free and voluntary choice, and not as a result of pressure or
intimidation by any person.
13. The Defendant is aware that 18 U.S.C. § 3742 and 28 U.S.C. § 2255 afford every defendant
certain rights to contest a conviction and/or sentence. Acknowledging those rights, the
Defendant, in exchange for the concessions made by the Government in this Plea
Agreement, waives the right to contest either the conviction or the sentence in any direct
appeal or other post-conviction action, including any proceedings under 28 U.S.C. § 2255.
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 12 of 13
This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial
misconduct, or future changes in the law that affect the Defendant's sentence. This
agreement does not affect the rights or obligations of the Government as set forth in 18
U.S.C. § 3742(b). Nor does it limit the Government in its comments in or responses to any
post-sentencing matters.
14. The Defendant waives all rights, whether asserted directly or by a representative, to request
or receive from any department or agency of the United States any records pertaining to
the investigation or prosecution of this case, including without limitation any records that
may be sought under the Freedom oflnformation Act, 5 U.S.C. § 552, or the Privacy Act
of 1974, 5 U.S.C. § 552a.
15. The parties hereby agree that this Plea Agreement contains the entire agreement of the
parties; that this Agreement supersedes all prior promises, representations and statements
of the parties; that this Agreement shall not be binding on any party until the Defendant
tenders a plea of guilty to the court having jurisdiction over this matter; that this Agreement
may be modified only in writing signed by all parties; and that any and all other promises,
representations and statements, whether made prior to, contemporaneous with or after this
Agreement, are null and void.
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2:22-cr-00993-RMG Date Filed 04/25/24 Entry Number 109 Page 13 of 13
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