United States v. Anatoly Rybin — Plea Agreement, Southern District of Georgia (Document 27)

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A plea agreement in United States of America v. Anatoly Rybin, CR 4:22-056 (Case 4:22-cr-00056-RSB-CLR), in the U.S. District Court for the Southern District of Georgia, Savannah Division, filed May 16, 2022 as Document 27. Rybin agrees to waive indictment and plead guilty to Count One of the Superseding Information, a false statement under 18 U.S.C. § 1001(a)(2), and the government agrees to move to dismiss the 18 U.S.C. § 1014 count of the Information. In the factual basis Rybin admits that on or about December 23, 2020 he submitted an EIDL loan modification application to the SBA with a false statement of the cost of goods sold for the prior 12 months, and that he did not use all proceeds as working capital. The government agrees not to oppose a two-level downward departure if full restitution is paid at sentencing; the maximum sentence is 5 years' imprisonment.

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Case 4:22-cr-O0056-RSB-CLR Document 27 Filed 05/16/22 Page1of9

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION
UNITED STATES OF AMERICA )
)
v. ) CR: 4:22-056
)
ANATOLY RYBIN )

PLEA AGREEMENT

Defendant Anatoly Rybin, represented by Defendant’s counsel Jonah Pine, 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, having been advised of the right to be charged by Indictment,
agrees to waive that right and enter a plea of guilty to Count One of the Superseding
Information, which charges 18 U.S.C. § 1001(a)(2).

2. Elements and Factual Basis

The elements necessary to prove the offense charged in Count One are (1) that
Defendant made a statement or representation; (2) the statement or representation
was false; (8) the statement or representation was material; (4) the defendant acted
knowingly and willfully; and (5) the statement pertained to a matter within the
jurisdiction of the executive branch of the United States government.

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:
On or about December 23, 2020, the Defendant, within the Southern District
of Georgia, did knowingly and willfully make a material false statement and
representation in a matter within the jurisdiction of the executive branch of the
Government of the United States, by submitting a loan modification application to
the U.S. Small Business Administration (SBA) that he knew contained false
information.

More specifically, Defendant filled out an electronic Economic Injury Disaster
Loan (EIDL) application ending in 3972 with the SBA that included false statements,
including that the cost of goods sold for the 12 months prior to the disaster totaled
$0, and Defendant certified that he would use all proceeds of the EIDL solely as
working capital to alleviate economic injury caused by disaster occurring in the
month of January 31, 2020 and continuing thereafter. As Defendant knew, his
representation regarding the cost of goods sold was false, and he subsequently did
not use all proceeds of the EIDL for working capital. The statements made on EIDL
Application 3972 were material to the SBA. In reliance on the false statements made
by Defendant, the SBA deposited money into Defendant’s bank account.

All in violation of Title 18, United States Code, Section 1001(a)(2).

3. Possible Sentence

Defendant’s guilty plea will subject him 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
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 Guidelines suggest. The Court will consider that range, possible
departures under the Sentencing Guidelines, and other sentencing factors under 18
U.S.C. § 35538(a), in determining the Defendant’s sentence. The Sentencing
Guidelines are based on all of Defendant’s relevant conduct, pursuant to U.S.S.G. §
1B1.8, 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
Case 4:22-cr-O0056-RSB-CLR Document27 Filed 05/16/22 Page4of9

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.

b, Acceptance of Responsibility

If the Court determines that Defendant qualifies for an adjustment under
U.S.S.G. § 38E1.1(a), and the offense level prior to operation of § 3E1.1(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 of the
Defendant’s intention to enter a guilty plea.

c. Inapplicability of Certain Specific Offense Characteristics

The government agrees not request or recommend the application of the
following specific offense characteristics: U.S.S.G. §§ 2B1.1(b)(10), (b)(12).

d. Downward Departure

The government agrees not oppose a two-level downward departure under
U.S.S.G. § 5K2.0 provided that, at the time of sentencing, Defendant pays the entirety
of restitution in this case. The parties understand that the amount of restitution will
be determined by the Court at sentencing.

e. Pretrial Release

The government agrees not to oppose Defendant's request that he be released
on bond during the pendency of this case, provided that he complies with any and all
conditions set by the Court and U.S. Probation Office.

7. Dismissal of Other Count
Case 4:22-cr-O0056-RSB-CLR Document27 Filed 05/16/22 Page5of9

At sentencing, the government will move to dismiss Count One of the
Information charging 18 U.S.C. § 1014 that remains pending against Defendant.

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

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 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
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
Case 4:22-cr-O0056-RSB-CLR Document 27 Filed 05/16/22 Page6of9

(3) the Government appeals the sentence. Absent those exceptions, Defendant
explicitly 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 limited
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 Privacy 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
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. 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 limit 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
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.
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 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.

11. 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 diligently, and Defendant is completely satisfied with the legal advice
given and the work performed by Defendant’s attorney.

12. 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 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 agreement, and/or file new

charges against Defendant that might otherwise be barred by this plea agreement.
Case 4:22-cr-00056-RSB-CLR Document27_ Filed 05/16/22 Page 8of9

Defendant waives any statute-of-limitations or speedy trial defense to prosecutions
reinstated or commenced under this paragraph.

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

Date Chris Howard
Assistant United States Attorney
Case 4:22-cr-O0056-RSB-CLR Document 27_ Filed 05/16/22 Page9of9

IT 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.

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, intelligent, and voluntary one.

Date Lf Defendant’s Attorney, J onah Pine


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