United States v. Robert J. Solberg — Plea Agreement, Eastern District of Wisconsin (Document 18)

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A plea agreement in United States of America v. Robert J. Solberg, Case No. 22-CR-247, in the United States District Court for the Eastern District of Wisconsin, filed May 31, 2023 as Document 18 in Case 1:22-cr-00247-WCG. Solberg, represented by attorney Christopher T. Froelich, agrees to plead guilty to the indictment's false statement charge under Title 18, United States Code, Sections 1001(a)(2) and 3147. The factual basis states that on August 4, 2020, after pleading guilty on February 7, 2020 to conspiracy to commit odometer tampering, Solberg answered SBA application questions 5 and 6 falsely and received $20,833 in Paycheck Protection Program funds. The government agrees to recommend 30 months' imprisonment, 15 months for the offense and a consecutive 15 months under Section 3147, and Solberg agrees to pay restitution of $20,833.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
v. Case No, 22-CR-247
ROBERT J. SOLBERG,

Defendant.

’ PLEA AGREEMENT

1, The United States of America, by its attorneys, Gregory J. Haanstad United States
Attorney for the Eastern District of Wisconsin, and Daniel R. Humble, Assistant United States
Attorney, and the defendant, Robert J. Solberg, individually and by attorney Christopher T.
Froelich, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, enter into the
following plea agreement:

CHARGES

2s The defendant has been charged in an indictment, which alleges violations of
Title 18, United States Code, Sections 1001(a)(2) and 3147.

a, The defendant has read and fully understands the charge contained in the
indictment. He fully understands the nature and elements of the crime with which he has been
charged, and the charge and the terms and conditions of the plea agreement have been fully
explained to him by his attorney.

4, The defendant voluntarily agrees to plead guilty to the following count set forth in

full as follows:

Case 1:22-cr-00247-WCG Filed 05/31/23. Page1of12 Document 18
THE GRAND JURY CHARGES THAT:
1. On or about August 4, 2020, in the State and Eastern District of Wisconsin,
| ROBERT J. SOLBERG
knowingly and willfully made materially false statements and representations within the
jurisdiction of the executive branch of the United States government.

2. Namely, he falsely and fraudulently declared on a United States Small Business
Administration application that he was not then subject to a felony indictment and had not pleaded
guilty to any felony, when he knew, in fact, he was subject to an indictment, and had pleaded guilty
to a felony on February 7, 2020, in case 19-CR-214 then pending in the Eastern District of
Wisconsin.

3. The defendant was on release pursuant to an order dated December 2, 2019, from
the United States District Court in the Eastern District of Wisconsin, which order notified said
defendant of the potential effect of committing an offense while on pretrial release,

All violation of Title 18, United States Code, Sections 1001(a)(2) and 3147.

a, The defendant acknowledges, understands, and agrees that he is, in fact, guilty of
the offense described in paragraph 4. The parties acknowledge and understand that if this case
were to proceed to trial, the government would be able to prove the following facts beyond a
reasonable doubt. The defendant admits that these facts are true and correct and establish his
guilt beyond a reasonable doubt:

On November 26, 2019, a five-count indictment was filed against Robert J. Solberg in the
Eastern District of Wisconsin alleging odometer tampering and conspiracy. On February 7, 2020,
Robert J. Solberg, pleaded guilty to conspiracy to commit odometer tampering. On August 4, 2020,
in the State and Eastern District of Wisconsin, Solberg filed an application with the U.S. Small

Business Administration (“SBA”) via the internet and answered questions 5 and 6 as follows:

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page2of12 Document 18
If questions (5) or (6) ava answered “Yes,” the loan will not be approved.

| é Question [¥es | No |
5. Is the Applicant -(if'an individual) or any individual owning 20% or more of the equity of the Applicant oO ral
presently incarcerated or, for any felony, presently subject to an indictment, criminal information,

arraigament, or other means by which fornval criminal charges are brought in any jurisdiction?

6. Within the Jast 5 years, for any felony-involving fraud, bribery, embezzlement, or a false statement in a loan
application or an application for federal financial assistance, or within the last year, for any other felony, has oO
the Applicant (if an individual) or any owner of the Applicant 1) been convicted; 2) pleaded guilty; 3) pleaded
nolo contendere; or 4) conmumenced any form of parole o! neestion (including probation before judgment)?

Initial hereto confism your response to, question 6+

Solberg’s false answers to those questions were material, as the SBA would not have
approved the loan had he answered truthfully.
Solberg received $20,833 in Paycheck Protection Program (“PPP”) funds which were
deposited into his personal bank account.
At the time he filed the fraudulent application, Solberg was released pursuant to the Bail
Reform Act of 1966 and had been notified of the effect of committing an offense while on release.
This information is provided for the purpose of setting forth a factual basis for the plea of
guilty. It is not a full recitation of the defendant’s knowledge of, or participation in, this offense.
PENALTIES
6. The parties understand and agree that the offense to which the defendant will
enter a plea of guilty carries the following maximum term of imprisonment and fine: 5 years and
$250,000. The count also carries a mandatory special assessment of $100 and a maximum of 3
years of supervised release. The parties further recognize that a restitution order may be entered.
by the court, Further, because the defendant committed the act alleged in the indictment while on
release pursuant to the Bail Reform Act of 1966, the Court must impose a consecutive sentence
of up to 10 years in addition to any sentence imposed on the charge in the indictment.
is The defendant acknowledges, understands, and agrees that he has discussed the

relevant statutes as well as the applicable sentencing guidelines with his attorney.

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page 3 of 12 Document 18
ELEMENTS
8. The parties understand and agree that in order to sustain the charge of making a

false statement to the United States, while on pretrial release, as set forth in the indictment, the
government must prove each of the following propositions beyond a reasonable doubt:

First, the defendant made a statement;

Second, the statement was false, fictitious, and fraudulent;

Third, the statement was material;

Fourth, the defendant acted knowingly and willfully;

Fifth, the defendant made the statement or representation in a matter within the jurisdiction
of the executive branch of the United States government,

Sixth, the defendant was released pursuant to the Bail Reform Act of 1966;

Seventh, the defendant was notified of the effect of committing an offense while on release,
and

Eighth, the defendant committed the offense alleged in count one while on release.

SENTENCING PROVISIONS

9. The parties agree to waive the time limits in Fed. R. Crim. P. 32 relating to the
presentence report, including that the presentence report be disclosed not less than 35 days
before the sentencing hearing, in favor of a schedule for disclosure, and the filing of any
objections, to be established by the court at the change of plea hearing.

10. The parties acknowledge, understand, and agree that any sentence imposed by the
court will be pursuant to the Sentencing Reform Act, and that the court will give due regard to

the Sentencing Guidelines when sentencing the defendant.

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iF The parties acknowledge and agree that they have discussed all of the sentencing
guidelines provisions which they believe to be applicable to the offense set forth in paragraph 4.
The defendant acknowledges and agrees that his attorney in turn has discussed the applicable
sentencing guidelines provisions with him to the defendant’s satisfaction.

12, The parties acknowledge and understand that prior to sentencing the United States
Probation Office will conduct its own investigation of the defendant’s criminal history. The
parties further acknowledge and understand that, at the time the defendant enters a guilty plea,
the parties may not have full and complete information regarding the defendant’s criminal
history. The parties acknowledge, understand, and agree that the defendant may not move to
withdraw the guilty plea solely as a result of the sentencing court’s determination of the
defendant’s criminal history.

Sentencing Guidelines Calculations

13, The defendant acknowledges and understands that the sentencing guidelines
recommendations contained in this agreement do not create any right to be sentenced within any
particular sentence range, and that the court may impose a reasonable sentence above or below
the guideline range. The parties further understand and agree that if the dotiandant has provided
false, incomplete, or inaccurate information that affects the calculations, the government is not
bound to make the recommendations contained in this agreement.

Relevant Conduct

14. The parties acknowledge, understand, and agree that pursuant to Sentencing
Guidelines Manual § 1B1,3, the sentencing judge may consider relevant conduct in calculating
the sentencing guidelines range, even if the relevant conduct is not the subject of the offense to

which the defendant is pleading guilty.

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page5of12 Document 18
Base Offense Level
15. The parties acknowledge and understand that the government will recommend to
the sentencing court that the applicable base offense level for the offense charged in the
indictment is 7 under Sentencing Guidelines Manual § 2B1.1(a)(1).

Specific Offense Characteristics

16, The parties acknowledge and understand that the government will recommend to
the sentencing court that a 4-level increase for loss in excess of $15,000 under Sentencing
Guidelines Manual § 2B1.1(b)(1)(C) and a 3-level increase for commission of an offense while
on release _— Sentencing Guidelines Manual § 3C1.3 are both applicable to the offense level
for the offense charged.

Acceptance of Responsibility

17. The government agrees to recommend a two-level decrease for acceptance of
responsibility as authorized by Sentencing Guidelines Manual § 3E1.1(a), but only if the
defendant exhibits conduct consistent with the acceptance of responsibility.

Sentencing Recommendations

18. Both parties reserve the right to provide the district court and the probation office
with any and all information which might be pertinent to the sentencing process, including but
not limited to any and all conduct related to the offense as well as any and all matters which
_ might constitute aggravating or mitigating sentencing factors.

1, Both parties reserve the right to make any recommendation regarding any and all
factors pertinent to the determination of the sentencing guideline range; the fine to be imposed;
the amount of restitution and the terms and condition of its payment; the length of supervised
release and the terms and conditions of the release; the defendant’s custodial status pending the

sentencing; and any other matters not specifically addressed by this agreement.

6

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20. The government agrees to recommend a sentence of 30 months’ imprisonment
comprised of 15 month’s imprisonment for the offense charged in the indictment and a
consecutive 15 months’ imprisonment for committing the offense while on release pursuant to

Title 18, United States Code, Section 3147. The defendant is free to argue for any sentence
including a probationary sentence.

Court’s Determinations at Sentencing

al. The parties acknowledge, understand, and agree that neither the sentencing court
nor the United States Probation Office is a party to or bound by this agreement. The United
States Probation Office will make its own recommendations to the sentencing court. The
sentencing court will make its own determinations regarding any and all issues relating to the
imposition of sentence and may impose any sentence authorized by law up to the maximum
penalties set forth in paragraph 6 above. The parties further understand that the sentencing court
will be guided by the sentencing guidelines but will not be bound by the sentencing guidelines
and may impose a reasonable sentence above or below the calculated guideline range.

2d: The parties acknowledge, understand, and agree that the defendant may not move
to withdraw the guilty plea solely as a result of the sentence imposed by the court.

FINANCIAL MATTERS

23. The defendant acknowledges and understands that any and all financial
obligations imposed by the sentencing court are due and payable in full upon entry of the
judgment of conviction. The defendant further understands that any payment schedule imposed
by the sentencing court shall be the minimum thus defendant is expected to pay and that the
government’s collection of any and all court imposed financial obligations is not limited to the
payment schedule. The defendant agrees not to request any delay or stay in payment of any and.

all financial obligations. If the defendant is incarcerated, the defendant agrees to participate in

7

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page 7of12 Document 18
the Bureau of Prisons’ Inmate Financial Responsibility Program, regardless of whether the court
specifically directs participation or imposes a schedule of payments.

24. The defendant agrees to provide to the Financial Litigation Unit (FLU) of the
United States Attorney’s Office, upon request of the FLU during any period of probation or
supervised release imposed by the court, a complete and sworn financial statement on a form
provided by FLU and any documentation required by the form. The defendant further agrees,
upon request of FLU whether made before or after sentencing, to promptly: cooperate in the
identification of assets in which the defendant has an interest, cooperate in the liquidation of any

such assets, and participate in an asset deposition.

Special Assessment
25, The defendant agrees to pay the special assessment in the amount of $100 prior to
or at the time of sentencing.
Restitution

26. The defendant agrees to pay restitution in the amount of $20,833. The defendant
understands that because restitution for the offense is mandatory, the amount of restitution shall
be imposed by the court regardless of the defendant’s financial resources. The defendant agrees
to cooperate in efforts to collect the restitution obligation. The defendant understands that
imposition or payment of restitution will not restrict or preclude the filing of any civil suit or
administrative action.

DEFENDANT’S WAIVER OF RIGHTS

rag In entering this agreement, the defendant acknowledges and understands that he
surrenders any claims he may have raised in any pretrial motion, as well as certain rights which

include the following:

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page8of12 Document 18
a. If the defendant persisted in a plea of not guilty to the charges against him, he
would be entitled to a speedy and public trial by a court or jury. The defendant
has a right to a jury trial. However, in order that the trial be conducted by the
judge sitting without a jury, the defendant, the government and the judge all
must agree that the trial be conducted by the judge without a jury.

b. If the trial is a jury trial, the jury would be composed of twelve citizens
selected at random. The defendant and his attorney would have a say in who
the jurors would be by removing prospective jurors for cause where actual
bias or other disqualification is shown, or without cause by exercising
peremptory challenges. The jury would have to agree unanimously before it
could return a verdict of guilty. The court would instruct the jury that the
defendant is presumed innocent until such time, if ever, as the government
establishes guilt by competent evidence to the satisfaction of the jury beyond a
reasonable doubt.

c, If the trial is held by the judge without a jury, the judge would find the facts
, and determine, after hearing all of the evidence, whether or not he was
persuaded of defendant’s guilt beyond a reasonable doubt.

d. At such trial, whether by a judge or a jury, the government would be required
to present witnesses anid other evidence against the defendant. The defendant
would be able to confront witnesses upon whose testimony the government is
relying to obtain a conviction and he would have the right to cross-examine
those witnesses. In turn the defendant could, but is not obligated to, present
witnesses and other evidence on his own behalf. The defendant would be
entitled to compulsory process to call witnesses.

e. At such trial, defendant would have a privilege against self-incrimination so
that he could decline to testify and no inference of guilt could be drawn from

his refusal to testify. If defendant desired to do so, he could testify on his own
behalf.

28. The defendant acknowledges and understands that by pleading guilty he is
waiving all the rights set forth above. The defendant further acknowledges the fact that his
attorney has explained these rights to him and the consequences of his waiver of these rights.
The defendant further acknowledges that as a part of the guilty plea hearing, the court may
question the defendant under oath, on the record, and in the presence of counsel about the

offense to which the defendant intends to plead guilty. The defendant further understands that the

Case 1:22-cr-00247-WCG __ Filed 05/31/23. Page9of12 Document 18
defendant’s answers may later be used against the defendant in a prosecution for perjury or false
statement.

pick The defendant acknowledges and understands that he will be adjudicated guilty of
the offense to which he will plead guilty and thereby may be deprived of certain rights, including
but not limited to the right to vote, to hold public office, to serve on a jury, to possess firearms,
and to be employed by a federally insured financial institution.

30. The defendant knowingly and voluntarily waives all claims he may have based
upon the statute of limitations, the Speedy Trial Act, and the speedy trial provisions of the Sixth
Amendment. The defendant agrees that any delay between the filing of this agreement and the
entry of the defendant’s guilty plea pursuant to this agreement constitutes excludable time under
the Speedy Trial Act.

GENERAL MATTERS

Si. The parties acknowledge, understand, and agree that this agreement does not
require the government to take, or not to take, any particular position in any post-conviction
motion or appeal.

32. The parties acknowledge, understand, and agree that the United States Attorney’s
office is free to notify any local, state, or federal agency of the defendant’s conviction.

EFFECT OF DEFENDANT’S BREACH OF PLEA AGREEMENT

a3, The defendant acknowledges and understands if he violates any term of this
agreement at any time, engages in any further criminal activity prior to sentencing, or fails to
appear for sentencing, this agreement shall become null and void at the discretion of the
government, The defendant further acknowledges and understands that the government’s
agreement to dismiss any charge is conditional upon final resolution of this matter. If this plea

agreement is revoked or if the defendant’s conviction ultimately is overturned, then the

10

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page10of12 Document 18
government retains the right to reinstate any and all dismissed charges and to file any and all
charges which were not filed because of this agreement. The defendant hereby knowingly and
voluntarily waives any defense based on the applicable statute of limitations for any charges filed
against the defendant as a result of his breach of this agreement, The defendant understands,
however, that the government may elect to proceed with the guilty plea and sentencing. If the
defendant and his attorney have signed a proffer letter in connection with this case, then the
defendant further acknowledges and understands that he continues to be subject to the terms of
the proffer letter.

VOLUNTARINESS OF DEFENDANT’S PLEA

34. The defendant acknowledges, understands, and agrees that he will plead guilty
freely and voluntarily because he is in fact guilty. The defendant further acknowledges and
agrees that no threats, promises, representations, or other inducements have been made, nor

agreements reached, other than those set forth in this agreement, to induce the defendant to plead

guilty.

11

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page11of12 Document 18
ACKNOWLEDGMENTS

Tam the defendant. I.am entering into this plea agreement freely and voluntarily. I am not now
on or under the influence of any drug, medication, alcohol, or other intoxicant or depressant,
whether or not prescribed by a physician, which would impair my ability to understand the terms
and conditions of this agreement. My attorney has reviewed every part of this agreement with me
and has advised me of the implications of the sentencing guidelines. I have discussed all aspects
of this case with my attorney and I am satisfied that my attorney has provided effective
assistance of counsel.

Date: 5-3) “29 YL Ag

ROBERT J. SOLBERG
Defendant

I am the defendant’s attorney. I carefully have reviewed every part of this agreement with the
defendant. To my knowledge, my client’s decision to enter into this agreement is an informed
and voluntary one.

Date: / 4 / ?

CHRISTOPHER T, FROELICH

Attorney for Defendant

For the United States of America:

GREGORY J. HAANSTAD
United States Attorney

DANIEL R. HUMBLE
Assistant United States Attorney

12.

Case 1:22-cr-00247-WCG__ Filed 05/31/23. Page12of12 Document 18


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