United States v. Samer Kammo — Plea Agreement, Eastern District of Michigan (ECF No. 67)

Summary

A plea agreement between the United States and Samer Kammo, Case No. 23-CR-20296, filed August 26, 2025 as ECF No. 67 in the U.S. District Court for the Eastern District of Michigan before Hon. Jonathan J.C. Grey. Samer Kammo agrees to plead guilty to Count 1 of the Indictment, conspiracy to commit wire fraud and bank fraud under 18 U.S.C § 1349, which carries up to 30 years' imprisonment, and the government will move to dismiss any remaining charges. In the factual basis the defendant acknowledges that he and co-conspirators, including Rita Shaba, obtained fraudulent PPP loans for businesses including Wireless Plus Cellular, LLC (approximately $557,807), D&H Market, Inc. (approximately $564,032) and Different Flavors 14355, Inc. (approximately $520,800). The parties recommend an actual loss of $1.5 Million-$3.5 Million, and there is no agreement on restitution.

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.420 Filed 08/26/25 Page 1 of 23

United States District Court
Eastern District of Michigan
Southern Division

United States of America,

Plaintiff,
Case No. 23-CR-20296
Hon. Jonathan J.C. Grey
D-2 Samer Kammo,

Defendant.

Plea Agreement

The United States of America and the defendant, Samer Kammo,
have reached a plea agreement under Federal Rule of Criminal
Procedure 11. The plea agreement’s terms are:

1. Count of Conviction

The defendant will plead guilty to Count 1 of the Indictment. Count
1 charges the defendant with Conspiracy to Commit Wire Fraud and
Bank Fraud under 18 U.S.C § 1349.

2. Statutory Maximum Penalties

The defendant understands that the count to which he is pleading

guilty carries the following maximum statutory penalties:

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.421 Filed 08/26/25 Page 2 of 23

Count 1 Term of imprisonment: Up to 30 Years’
Imprisonment
Fine: Up to $1,000,000 or twice

the pecuniary gain or loss;
18 U.S.C. § 3571(d)
Term of supervised release: | Up to 5 years

3. Agreement to Dismiss Remaining Charges

If the Court accepts this agreement and imposes sentence
consistent with its terms, the United States Attorney’s Office for the
Eastern District of Michigan will move to dismiss any remaining charges
in the indictment against the defendant, Samer Kammo, in this case.

4. Elements of Count of Conviction
The elements of Count 1 (Conspiracy to Commit Wire Fraud and

Bank Fraud) are:

(1) First, that or more persons conspired, or agreed, to commit
the crime of wire fraud, in violation of 18 U.S.C. § 1348,
and the crime of bank fraud, in violation of 18 U.S.C.
§ 13844(2); and

(2)Second, that the defendant knowingly and voluntarily
joined the conspiracy.

The elements of the crime of wire fraud, in violation of 18 U.S.C.

§ 13848, are:

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(1)First, that the defendant knowingly particip ated in,
devised, or intended to devise, a scheme to defraud in order
to deprive another of money or property;

(2)Second, that the scheme included a material
misrepresentation or concealment of a material fact;

(3)Third, that the defendant had the intent to defraud; and

(4)Fourth, that the defendant used wire, radio or television
communications or caused another to use wire, radio or
television communications in interstate commerce in
furtherance of the scheme.

The elements of the crime of bank fraud, in violation of 18 U.S.C.
§ 1844(2), are:

(1)First, that the defendant knowingly executed or attempted
to execute a scheme to obtain any of the money, funds, or
property owned by, or under the control of, a bank or
financial institution by means of false or fraudulent
pretenses, representations or promises;

(2)Second, that the scheme included a material
misrepresentation or concealment of a material fact;

(3) Third, that the defendant had the intent to deceive or cheat
someone for the purpose of either causing a financial loss
to another or bringing about a financial gain to herself or
to another person; and

(4)Fourth, that the bank or financial institution was fe derally
insured.

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5. Factual Basis

The parties agree that the following facts are true, accurately
describe the defendant’s role in the offense, and provide a sufficient
factual basis for the defendant’s guilty plea:

From at least in or around April 2020, through at least in or around
December 2020, in the Eastern District of Michigan and elsewhere,
SAMER KAMMO conspired and agreed with others, including RITA
SHABA and CHRISTINA ANASI, to commit the crime of wire fraud, in
violation of 18 U.S.C. § 1348, and the crime of bank fraud, in violation of
18 U.S.C. § 1344(2). KAMMO knowingly and voluntarily joined the
conspiracy.

The object of the conspiracy was for KAMMO and his co-
conspirators to obtain money and enrich themselves by, among other
things, inducing financial institutions and other third-party lenders,
through materially false and fraudulent representations and pretenses,
to issue improper Paycheck Protection Program (“PPP”) loans and then
divert those loan proceeds to impermissible uses.

As part of the conspiracy, the co-conspirators caused materially

false and fraudulent representations to be made to financial institutions

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and other third-party lenders, including materially false and fraudulent
representations relating to the purported entitlement of various business
entities to PPP loan assistance. PPP loan assistance funds issued
because of the materially false and fraudulent representations were then
received by the conspirators and used for impermissible purposes.
As part of the conspiracy, the co-conspirators caused:
a. Misrepresentations to be made regarding purported payroll
expenditures by various business entities;
b. Misrepresentations to be made regarding the purported
number of employees of various business entities;
c. Misrepresentations to be made regarding the purported
nature of business activity for various business entities;
d. Misrepresentations to be made regarding the purported
purpose of PPP loan requests for various business entities;
e. False certifications to be made indicating that PPP loan
proceeds would only be used for permissible business-related

purposes;

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f. False certifications to be made indicating that various non-
operational business entities were operational and that those
entities paid employee salaries;

g. Fictitious payroll records to be created and submitted to
financial institutions and other third-party lenders;

h. Fictitious health insurance records to be created and
submitted to financial institutions and other third-party
lenders;

i. Fictious bank records to be created and submitted to financial
institutions and other third-party lenders; and

j. Fictitious tax records to be created and submitted to financial
institutions and other third-party lenders.

KAMMO acknowledges that as part of the conspiracy, he and his
co-conspirators obtained fraudulent PPP loans for Wireless Plus Cellular,
LLC in the amount of approximately $557,807; W Shallal LLC in the
amount of approximately $388,542; JD Hydro, LLC in the amount of
approximately $386,667.50; D&H Market, Inc. in the amount of

approximately $564,032; Different Flavors 14355, Inc. in the amount of

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approximately $520,800; and C&S Liquor LLC in the amount of
approximately $75,500, among others.

KAMMO acknowledges causing the transfer of fraudulent PPP loan
proceeds into bank accounts he controlled knowing both that those
proceeds were fraudulently obtained and that the proceeds would not be
used for permissible purposes.

In furtherance of the conspiracy, the co-conspirators caused
interstate wire transfers to be made, including interstate wire transfers
of PPP assistance funds.

6. Advice of Rights

The defendant has read the Indictment, has discussed the charges
and possible defenses with his attorney, and understands the crime(s)
charged. The defendant understands that, by pleading guilty, he is
waiving many important rights, including the following:

A. The right to plead not guilty and to persist in that plea;

B. The right to a speedy and public trial by jury;

C. The right to be represented by counsel—and, if necessary,

have the court appoint counsel—at trial;

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D. The right to be presumed innocent and to require the
government to prove the defendant guilty beyond a reasonable
doubt at trial;

E. The right to confront and cross-examine adverse witnesses at
trial;

F. The right to testify or not to testify at trial, whichever the
defendant chooses;

G. If the defendant chooses not to testify at trial, the right to
have the jury informed that it may not treat that choice as evidence
of guilt;

H. The right to present evidence or not to present evidence at
trial, whichever the defendant chooses; and

{, The right to compel the attendance of witnesses at trial.

7, Collateral Consequences of Conviction

The defendant understands that his conviction here may carry
additional consequences under federal or state law. The defendant
understands that, if he is not a United States citizen, his conviction here
may require him to be removed from the United States, denied

citizenship, and denied admission to the United States in the future. The

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.428 Filed 08/26/25 Page 9 of 23

defendant further understands that the additional consequences of his
conviction here may include, but are not limited to, adverse effects on the
defendant’s immigration status, naturalized citizenship, right to vote,
right to carry a firearm, right to serve ona jury, and ability to hold certain
licenses or to be employed in certain fields. The defendant understands
that no one, including the defendant’s attorney or the Court, can predict
to a certainty what the additional consequences of the defendant's
conviction might be. The defendant nevertheless affirms that the
defendant chooses to plead guilty regardless of any immigration or other
consequences from his conviction.
8. Defendant’s Guideline Range

A. Court’s Determination

The Court will determine the defendant’s guideline range at
sentencing.

B. Acceptance of Responsibility

The government recommends under Federal Rule of Criminal
Procedure 11(c)(1)(B) that the defendant receive a two-level reduction for
acceptance of responsibility under USSG § 3E1.1(a) Further, if the

defendant’s offense level is 16 or greater and the defendant is awarded

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the two-level reduction under USSG § 3E1.1(a), the government
recommends that the defendant receive an additional one-level reduction
for acceptance of responsibility under USSG § 3E1.1(b). If, however, the
government learns that the defendant has engaged in any conduct
inconsistent with acceptance of responsibility—including, but not limited
to, making any false statement to, or withholding information from, his
probation officer; obstructing justice in any way; denying his guilt on the
offense(s) to which he is pleading guilty; committing additional crimes
after pleading guilty; or otherwise demonstrating a lack of acceptance of
responsibility as defined in USSG § 3E1.1—the government will be
released from its obligations under this paragraph, will be free to argue
that the defendant not receive any reduction for acceptance of
responsibility under USSG § 3E1.1, and will be free to argue that the
defendant receive an enhancement for obstruction of justice under USSG
§ 8C1.1.

C. Other Guideline Recommendations

The parties also recommend under Federal Rule of Criminal

Procedure 11(c)(1)(B) that the following guideline provisions apply:

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.430 Filed 08/26/25 Page 11 of 23

Guideline Section Offense Level
Base Offense Level: § 2B1.1(a)(1) 7
Actual Loss of +16
$1.5 Million-$3.5 Million:
§ 2B1.16)0)Q
Sophisticated Means: +2
§ 2B1.1(b)(10)(C)

The parties have no other joint recommendations as to the
defendant’s guideline calculation.

E. Parties’ Obligations

Both the defendant and the government agree not to take any
position or make any statement that 1s inconsistent with any of the
guideline recommendations or factual stipulations in paragraphs 8.B or
8.C. Neither party is otherwise restricted in what it may argue or present
to the Court as to the defendant’s guideline calculation.

F. Nota Basis to Withdraw

The defendant understands that he will have no right to withdraw
from this agreement or withdraw his guilty plea if he disagrees, in any
way, with the guideline range determined by the Court, even if that
guideline range does not incorporate the parties’ recommendations or

factual stipulations in paragraphs 8.B or 8.C. The government likewise

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.431 Filed 08/26/25 Page 12 of 23

has no right to withdraw from this agreement if it disagrees with the
guideline range determined by the Court.

9. Imposition of Sentence
A. Court’s Obligation

The defendant understands that in determining his sentence, the
Court must calculate the applicable guideline range at sentencing and
must consider that range, any possible departures under the sentencing
euidelines, and the sentencing factors listed in 18 U.S.C. § 8553(a), and
apply any applicable mandatory minimums.

B. Imprisonment

1. Recommendation
Under Federal Rule of Criminal Procedure 11(¢)(1)(B), the
government recommends that the defendant’s sentence of imprisonment
not exceed the midpoint of the defendant’s guideline range as determined
by the Court.
2. No Right to Withdraw
The government's recommendation in paragraph 9.B.1 is not
binding on the Court. The defendant understands that he will have no

right to withdraw from this agreement or withdraw his guilty plea if the

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.432 Filed 08/26/25 Page 13 of 23

Court decides not to follow the government’s recommendation. The
government likewise has no right to withdraw from this agreement if the
Court decides not to follow the government’s recommendation. If,
however, the Court rejects or purports to reject any other term or terms
of this plea agreement, the government will be permitted to withdraw
from the agreement.

C. Supervised Release
1. Recommendation

The parties have no agreement as to supervised release.

2. No Right to Withdraw

Any recommendation regarding the imposition of a term of
supervised release made by either party is not binding on the Court. The
defendant understands that he will have no right to withdraw from this
agreement or withdraw his guilty plea if the Court decides not to follow

the recommendation of either party.

D. Fines

The parties have no recommendation or agreement as to a fine.

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.433 Filed 08/26/25 Page 14 of 23

E. Restitution

The Court must order restitution to every identifiable victim of the
defendant’s offense. There is no recommendation or agreement on
restitution. The Court will determine at sentencing who the victims are
and the amounts of restitution they are owed.

The 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. 18 U.S.C. §§ 3612(c) and 3613.
If the Court imposes a schedule of payments, the 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 defendant agrees to make a full presentence disclosure of his
financial status to the United States Attorney’s Office by completing a
Financial Disclosure Form and the accompanying releases for the
purpose of determining his ability to pay restitution. The defendant
agrees to complete and return the Financial Disclosure Form within

three weeks of receiving it from government counsel. The defendant

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.434 Filed 08/26/25 Page 15 of 23

agrees to participate in a presentencing debtor’s examination if requested
to do so by government counsel.

F. Forfeiture

The defendant agrees, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461, to forfeit to the United States his interest in the Subject
Property identified in the Preliminary Order of Forfeiture related to D-3
Christina Anasi. See ECF 47. The defendant further agrees not to contest
forfeiture of the Subject Property identified in the Preliminary Order of
Forfeiture related to D-3 Christina Anasi in any proceeding, whether
administrative or judicial.

The defendant agrees to the entry of a forfeiture money judgment
in an amount to be determined at or before sentencing, representing the
total value of the property subject to forfeiture for the defendant’s
violation of Count One of the Indictment. The defendant agrees that the
forfeiture money judgment may be satisfied, to whatever extent possible,
from any property owned or under the control of the defendant. To satisfy
the money judgment, the defendant explicitly agrees to the forfeiture of
any assets as he has now, or may later acquire, as substitute assets under

21 U.S.C. § 853(p)(2) and waives and relinquishes his rights to oppose

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.435 Filed 08/26/25 Page 16 of 23

the forfeiture of substitute assets under 21 U.S.C. § 853(p)(1)_ or
otherwise.

The defendant agrees to the entry of one or more orders of forfeiture
of his interest in such property upon application by the United States at,
or any time before, his sentencing in this case as mandated by Federal
Rule of Criminal Procedure 32.2. The defendant agrees to sign such
orders, indicating he consents to its entry if requested to do so by the
government. The defendant agrees that the forfeiture order(s) will
become final as to him at the time entered by the Court.

The defendant agrees that he will cooperate with the United States
by taking whatever steps are necessary to deliver clear title to property
subject to forfeiture under this agreement to the United States and will
execute such legal documents as may be required to transfer rights, title,
and/or ownership to the United States and by taking whatever steps are
necessary to ensure that the property is not sold, disbursed, hidden,
wasted, or otherwise made unavailable for forfeiture. If any other person
or entity has any interest in such property, the defendant will assist in

obtaining a release of interest from any such other person or entity, and

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.436 Filed 08/26/25 Page 17 of 23

to deliver clear title to property that is subject to forfeiture pursuant to
21 U.S.C. § 853.

The defendant knowingly, voluntarily, and intelligently waives any
statutory and constitutional challenge to the above-described forfeiture
including any challenge based upon the Excessive Fines Clause of the
Eighth Amendment to the United States Constitution.

The defendant expressly waives his right to have any
determination regarding the forfeitability of the property referenced
above whether by judge or by a jury under Rule 32.2. The defendant
further waives the requirements of Rule 32.2 regarding notice of
forfeiture in the charging instrument, announcement of forfeiture at
sentencing, and incorporation of the forfeiture in the judgment.

The defendant acknowledges that he understands that the
forfeiture of assets is part of the sentence that may be imposed in this
case and waives his right to challenge any failure by the court to advise
him of this pursuant to Federal Rule of Criminal Procedure 11(b)(1)@).

G. Special Assessment

The defendant understands that he will be required to pay a special |

assessment of $100, due immediately upon sentencing.

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.437 Filed 08/26/25 Page 18 of 23

10. Appeal Waiver

The defendant waives any right he may have to appeal his
conviction on any grounds. The defendant also waives any right he may
have to appeal his sentence on any grounds, unless his sentence of
imprisonment exceeds the top of the guideline range as determined by
the Court.

11. Collateral Review Waiver

The defendant retains the right to raise claims alleging ineffective
assistance of counsel or prosecutorial misconduct, as long as the
defendant properly raises those claims by collateral review under 28
U.S.C. § 2255. The defendant also retains the right to pursue any relief
permitted under 18 U.S.C. § 3582(c), as long as the defendant properly
files a motion under that section. The defendant, however, waives any
other right he may have to challenge his conviction or sentence by
collateral review, including, but not limited to, any right he may have to
challenge his conviction or sentence on any grounds under 28 U.S.C.
§ 2255 (except for properly raised ineffective assistance of counsel or
prosecutorial misconduct claims, as described above), 28 U.S.C. § 2241,

or Federal Rule of Civil Procedure 59 or 60.

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12. Remedies for Withdrawal, Breach, Rejection, or Vacatur

If the defendant is allowed to withdraw his guilty plea or breaches
this agreement, or if the Court rejects this agreement, or if the
defendant’s conviction or sentence under this agreement is vacated, the
government may reinstate any charges against the defendant that were
dismissed as part of this agreement and may file additional charges
against the defendant relating, directly or indirectly, to any of the
conduct underlying the defendant’s guilty plea or any relevant conduct.
If the defendant has been permitted to plead guilty to a lesser-included
offense, the government may also reinstate any charges or file any
additional charges against the defendant for the greater offense, and the
defendant waives his double-jeopardy rights with respect to the greater
offense. If the government reinstates any charges or files any additional
charges as permitted by this paragraph, the defendant waives his right
to challenge those charges on the ground that they were not filed in a
timely manner, including any claim that they were filed after the

limitations period expired.

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13. Use of Withdrawn Guilty Plea

The defendant agrees that if he is permitted to withdraw his guilty
plea for any reason, he waives all of his rights under Federal Rule of
Fvidence 410, and the government may use his guilty plea, any
statement that the defendant made at his guilty plea hearing, and the
factual basis set forth in this agreement, against the defendant in any
proceeding.

14. Parties to Plea Agreement

This agreement does not bind any government agency except the
United States Attorney’s Office for the Eastern District of Michigan.

15. Scope of Plea Agreement

This plea agreement is the complete agreement between the parties
and supersedes any other promises, representations, understandings, or
agreements between the parties concerning the subject matter of this
agreement that were made at any time before the guilty plea is entered
in court. Thus, no oral or written promises made by the government to
the defendant or to the attorney for the defendant at any time before the
defendant pleads guilty are binding except to the extent they have been

explicitly incorporated into this plea agreement. If the parties have

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Case 2:23-cr-20296-JJCG-APP ECF No. 67, PagelD.440 Filed 08/26/25 Page 21 of 23

entered, or subsequently enter, into a written proffer or cooperation
agreement, though, this plea agreement does not supersede or abrogate
the terms of that agreement. This plea agreement also does not prevent
any civil or administrative actions against the defendant, or any
forfeiture claim against any property, by the United States or any other

party.

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16. Acceptance of Agreement by Defendant

This plea offer expires unless it has been received, fully signed, in

the United States Attorney’s Office by 5:00pm on July 7, 2025. The

government may withdraw from this agreement at any time before the

defendant pleads guilty.

LOE.

JEROME F. GORGON JR.
United States Attorney

Ryan A. Particka

Chief, White Collar Crime Unit
Assistant United States
Attorney

Dated: 6/12/25

Andrew J. Yahkind
Assistant United States
Attorney

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By signing below, the defendant and his attorney agree that the
defendant has read or been read this entire document, has discussed it
with his attorney, and has had a full and complete opportunity to confer
with his attorney. The defendant further agrees that he understands
this entire document, agrees to its terms, has had all of his questions

answered by his attorney, and is satisfied with his attorney’s advice and

representation.
Paul Stablein Samer Kammo
Attorney for Defendant Defendant

oat *

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