United States v. Brandi Weber — Plea Agreement Letter, Eastern District of Louisiana (Document 27)
Summary
A plea agreement letter from Assistant United States Attorney Edward J. Rivera to Judge Wendy Vitter of the United States District Court for the Eastern District of Louisiana in United States v. Brandi Weber, Criminal Case No. 23 - 35 "D", filed July 20, 2023 as Document 27. The defendant waives indictment and agrees to plead guilty to a bill of information charging one count of making false statements to an agency of the United States under Title 18, United States Code, Section 1001(a)(2), which carries a maximum of five years of imprisonment. The defendant agrees to a loss to the Small Business Administration of no less than $41,654.00, to be ordered as restitution less any amount repaid before sentencing. The agreement includes a broad waiver of appeal and collateral-review rights, with exceptions for a sentence above the statutory maximum and ineffective assistance claims.
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“United States v. Brandi Weber — Plea Agreement Letter, Eastern District of Louisiana (Document 27).”
Original at ecf.laed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-weber-dkt-27-bf33b75432/
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Case 2:23-cr-00035-WBV-DPC Document 27 Filed 07/20/23 Page 1 of 5
U.S. Department of Justice
United States Attorney
Eastern District of Louisiana
Edward J. Rivera The Poydras Center Telephone: (504) 680-3 I 63
Assistant United States Attorney 650 Poydras Sn'eet, Suite 1600 Fax: (504) 589-4395
New Orleans. Louisiana 70 I i0
July 20,2023
The Honorable Wendy Vitter
United States District Court
Eastem District of Louisiana
500 Poydras Street, Rm C-368
New Orleans, Louisiana 70130
Re: United States v. Brandi Weber
Criminal Case No. 23 - 35 "D"
Dear Judge Vitter:
In compliance with the holding of Bryan v. United States, 492 F.2d 775 (5th Cir. 1974),
and with Rule 11 of the Federal Rules of Criminal Procedure, the Govemment wishes to
acknowledge the following agreement between the Government and Brandi Weber, the defendant,
in the above-captioned proceeding. Defendant's undersigned counsel, Wamer Thompson, has
reviewed the terms of this agreement and has been advised by the defendant that the defendant
fully understands the terms of this agreement.
The defendant waives her right to prosecution by indictment and consents to prosecution
by a bill of information charging one count of Title 18, United States Code, Section 1001(a)(2),
making false statements to an agency of the United States. The defendant will plead guilty as
charged to the bill of information. If the Court accepts the defendant's plea and if the defendant
fully complies with this plea agreement, the Govemment will not bring any other charges in the
Easiern District of Louisiana arising from the defendant's conduct as it is detailed in the Factual
Basis.
The defendant acknowledges that she has a right to be indicted by a grand jury on the
charge in the bill of information because those charges are a felony violation. The defendant agrees
to waive, in writing, and at the appropriate time, her right to be charged by grand jury indictment'
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Case 2:23-cr-00035-WBV-DPC Document 27 Filed 07/20/23 Page 2 of 5
The defendant further understands that the maximum penalty the defendant may receive
should her plea of guilty be accepted is not more than five (5) years of imprisonment, and/or a fine
of $250,000 or the greater of twice the gross loss to any person under Title 18, United States Code,
Section 3571.
Further, the Govemment and the defendant agree that the defendant will make restitution
for all losses relating to the offense of conviction and all losses covered by the same course of
conduct or cofirmon scheme or plan as the offense of conviction. It is also understood that the
restitution provisions of Sections 3663(a)(3) and 3663A of Title 18, United States Code, will apply.
The defendant agrees that any restitution irnposed will be non-dischargeable in any bankruptcy
proceeding and ihat defendant will not seek or cause to be sought a discharge or a finding of
dischargeability as to the restitution obligation. The defendant further acknowledges and
understands that, notwithstanding any payment schedule imposed at sentencing or during
probation or supervised release, restitution is due and payable in fuIl imrnediately upon entry of
ih" Srrdgm"nt ol conviction. The exact restitution figure will be determined and ordered by the
Court. The defendant, however, agrees to a loss to the United States Small Business
Administration (SBA) of no less than $41,654.00 and agrees that $41,654.00, including interest
and loan processing fees, less any amount repaid prior to sentencing, will be owed and ordered as
restitution upon sentencing.
Further, the defendant understands that a mandatory special assessment fee of $100.00 per
count shall be imposed under the provisions of Section 3013 of Title 18, United States Code. This
special asr"r.m"nt must be paid on the date of sentencing. Failure to pay this special assessment
may result in the plea agreement being void.
The defendant further understands that the Court, in imposing a sentence of a tenn of
imprisonment, may include as part of the sentence a requirement that the defendant be placed on
a term of supervised release after imprisonment for a period of up to three (3) years pursuant to
Title 1g, Uniled States Code, Section 3583. Supervised release is a period following release from
prison during which defendant's conduct will be monitored by the Court or the Court's designee.
befendant fully understands that, if defendant violates any of the conditions of supervised release
that the Court has imposed, defendant's supervised release may be revoked; and the defendant may
be ordered by the Court to serve in prison all or part of the term of supervised release.
Defendant understands that Title 18, United States Code, Section 3742 and Title 28, United
States Code, Section 1291, may give a criminal defendant the right to appeal her conviction,
sentence, restitution, fine, and judgment imposed by the Court. Defendant also understands that
judgment,
she may have the right to file collateral challenges to her conviction and sentence, and
including but not timited to rights provided by Title 28, United States Code, Sections 2255 and
Z24l,Rule 60 of the Federal Rules of Civil Procedure, Rule 36 of the Federal Rules of Criminal
procedure, and writs of coram nobis and audita querela. Defendant further understands that Title
1g, United States Code, Section 3582(c)(2), may allow the Court to grant a sentencing reduction
to the defendant if the defendant has been sentenced to a term of imprisonment based upon a
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Case 2:23-cr-00035-WBV-DPC Document 27 Filed 07/20/23 Page 3 of 5
sentencing range that has been subsequently lowered by the United States Sentencing Commission
and determined to apply retroactively to defendants who already have been sentenced to a term of
imprisonment.
Acknowledging these rights, subject only to the exceptions indicated in subsection (d)
below, the defendant, in exchange for the promises and agreements made by the United States in
this plea agreement, knowingly and voluntarily:
a. Waives and gives up any right to appeal or contest her guilty plea, conviction,
sentence, fine, supervised release, and any restitution irnposed by any judge under any applicable
restitution statute, including but not limited to any right to appeal any rulings on pretrial motions
of any kind whatsoever, as well as any aspect of her sentence, including but not limited to any and
atl rights which arise under Title 18, United States Code, Section 3742 and Title 28, United States
Code, Section 1297, and any right to raise on appeal or on collateral review any argument that the
admitted conduct does not fall within the scope of the statute of conviction;
b. Waives and gives up any right to appeal any order, decision, or judgment arising
out of or related to Title 18, United States Code, Section 3582(c)(2) imposed by any judge and
further waives and gives up any right to challenge the manner in which her sentence was
detennined and to challenge any United States Sentencing Guidelines determinations and their
application by any judge to the defendant's sentence and judgment;
c. Waives and gives up any right to challenge her sentence collaterally, including but
not limited to any and all rights which arise under Title 28, United States Code, Sections 2255 and
224l,Rule 60 of the Federal Rules of Civil Procedure, Rule 36 of the Federal Rules of Criminal
Procedure, writs of coram nobis and audita querela, and any other collateral challenges to her
sentence ofany kind; and
d. The defendant specifically does not waive and retains the right to bring a direct
appeal of any sentence imposed in excess of the statutory maximum. The defendant also retains
the right to raise a claim ofineffective assistance ofcounsel in an appropriate proceeding.
The defendant understands that any discussions with defendant's attorney or anyone else
regarding sentencing guidelines are merely rough estimates and that the Court is not bound by
those discussions. The defendant understands that the sentencing guidelines are advisory and are
not mandatory for sentencing purposes. The defendant understands the Court could impose the
maximum term of imprisonment and fine allowed by law, including the imposition of supervised
release. The defendant is also aware that in determining a fair and just sentence, the Court has the
authority and discretion, pursuantto Title 18, United States Code, Sections 3553 and 3661 and
Section 181.3 of the United States Sentencing Guidelines, to consider any and all "relevant
conduct" that the defendant was involved in, the nature and circumstances of the offenses, and the
history and characteristics of the defendant. The defendant understands that both parties may
present information bearing on such sentencing considerations regardless of whether it is contained
in the Factual Basis.
Page3 of5
AUSA
Defendant
Def'ense Counsel
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Case 2:23-cr-00035-WBV-DPC Document 27 Filed 07/20/23 Page 4 of 5
In an effort to resolve this matter in a timely fashion and to show good faith, the defendant
agrees to knowingly, voluntarily, and expressly waive her rights pursuant to Rule a10(a) of the
Federal Rules of Evidence upon signing this plea agreement and the factual basis. The defendant
understands and agrees that in the event the defendant violates the plea agreement, withdraws her
decision to plead guilty, or her guilty plea is later withdrawn or otherwise set aside, any statements
made by tfte defendant to law enforcement agents or an attomey for the prosecuting authority
during plea discussions, any statements made by the defendant during any court proceeding
involving the defendant's plea of guilt, including any factual bases or summaries signed by the
defendant, and any leads from such statements, factual bases or summaries, shall be admissible for
all purposes against the defendant in any and all crirninal proceedings.
The defendant further agrees to submit to interviews whenever and wherever requested by
law enforcement authorities regarding all assets currently or previously within defendant's
possession. It is also understood that defendant will provide any and all financial information and
documentation requested by the government, agrees to voluntarily execute a complete and
thorough Financiai Staternent of Debtor, and further agrees to provide the requested List of Items
that is attached to the Financial Statement. The defendant understands this information may be
provided to a representative of any victim of this offense.
The defendant recognizes that any criminal monetary penalty, whether special assessment,
crirninal fine, or restitution, that is owed as a result of her conviction will be immediately submitted
to the Treasury Offset Program. The defendant waives any objection to her inclusion in the
Treasury Offset Program.
The defendant understands that the statements set forth above and in the attached SEALED
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Case 2:23-cr-00035-WBV-DPC Document 27 Filed 07/20/23 Page 5 of 5
document (Attachment "A") represents defendant's entire agreement with the Government; there
are not any other agleements, letters, or notations that will affect this agreement.
Very truly yours,
DUANE A. EVANS
LINITED STATES ATTORNEY
^r.€ fra 3
EDWARD J. RIVERA Date
Assistant United States AttorneY
WARNER THOMPSON Date
Attorney for Brandi Weber
1 fi
WEBER Date
Defendant
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