United States v. Brandon Lamar Williams — Plea Agreement, Southern District of Georgia (Document 86)

Summary

A plea agreement filed December 8, 2022 in United States of America v. Brandon Lamar Williams, CR:421-199 (Case 4:21-cr-00199-WTM-CLR), in the U.S. District Court for the Southern District of Georgia, Savannah Division, as Document 86. Williams agrees to plead guilty to Counts One, Three and Eight of the Second Superseding Indictment: wire fraud and possession of marihuana under 21 U.S.C. § 844. The factual basis for Count One states that PPP loan applications submitted on or about May 3, 2021 and May 20, 2021 falsely affirmed a business with $99,654 in gross income in 2019, and that Fountainhead SBF LLC deposited money into an account Williams controlled. Count One carries up to 20 years' imprisonment, and Counts Three and Eight carry a mandatory minimum of 90 days. The government will recommend concurrent sentences on Counts 3 and 8.

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 Case 4:21-cr-00199-WTM-CLR        Document 86      Filed 12/08/22   Page 1 of 10




                     UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF GEORGIA
                          SAVANNAH DIVISION


 UNITED STATES OF AMERICA


                    V.                                    CR:421-199


 BRANDON LAMAR WILLIAMS


                              PLEA AGREEMENT


      Defendant Brandon Lamar Williams, represented by Defendant's counsel

Joseph Williams, 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 foUows.

1.    Guilty Plea


      Defendant agrees to enter a plea of guilty to Counts One, Three and Eight of

the Second Superseding Indictment, which charge violations of 18 U.S.C. § 1843 and

21 U.S.C. § 844.

2.    Elements and Factual Basis


      The elements necessary to prove the offense charged in Count One are (1) the

Defendant knowingly devised or participated in a scheme to defraud some by using

false or fraudulent pretenses, representations, or promises;(2) the false pretenses,

representations, or promises were about a material fact;(3)the Defendant acted with

the intent to defraud; and (4)the Defendant transmitted or caused to be transmitted

by wire some communication in interstate commerce to help carry out the scheme to

defraud.
 Case 4:21-cr-00199-WTM-CLR          Document 86      Filed 12/08/22   Page 2 of 10




      The elements necessary to prove the offenses charged in Counts Three and

Eight are (1)the Defendant possessed marihuana, a controlled substance, and 2)the

Defendant did so knowingly.

      Defendant agrees that he is, in fact, guilty of these offenses. The Defendant

agrees to the accuracy of the following facts, which satisfy each of the offense's

required elements:

      As to Count One, beginning in or about April 2021 until in or about June 2021,

in the Southern District of Georgia, and elsewhere. Defendant did knowingly devise

and intend to devise a scheme and artifice to defraud, and to obtain money and

property, by means of materially false and fraudulent pretenses, representations, and

promises, and for the purpose of executing the scheme and artifice and to obtain

money and property, caused interstate communications to be made over the Internet,

in furtherance of the scheme and artifice to defraud, in violation of 18 U.S.C. § 1343.

      In furtherance of this scheme, and to effect the objects thereof. Defendant

caused to be submitted loan apphcations through the Payroll Protection Program

(PPP)that contained false statements about a sole proprietorship. In particular, on

or about May 3, 2021 and May 20, 2021, Defendant caused to be submitted electronic

PPP loan apphcations to PPP lenders located outside the State of Georgia. Such

apphcations falsely affirmed, among other information, that Defendant had a

business in operation on Feb. 15, 2020, which had $99,654 in gross income in 2019.

Defendant knew these assertions to be false.
 Case 4:21-cr-00199-WTM-CLR         Document 86     Filed 12/08/22    Page 3 of 10




      In reliance on false representations made in Defendant's PPP application,

Fountainhead SBF LLC deposited money by means ofinterstate wire communication

into a financial account controlled by Defendant.

      As to Counts Three and Eight, on or about August 9, 2021, and January 10,

2022, in Chatham County, within the Southern District of Georgia, the Defendant

knowingly and intentionally possessed marihuana, a Schedule 1 controlled substance.

Before committing these offenses, Defendant had the following final convictions for

felony drug offenses, namely Possession of Cocaine Base in U.S. District Court,

Southern District of Georgia case number 4:17-CR-262-7, in violation of 21 U.S.C. §

844(a), and Possession of a Controlled Substance in Chatham County, Georgia,

Superior Court, case number 15-CR-2462-J4, in violation of O.C.G.A. § 16-13-30(a).

3.    Possible Sentence

      Defendant's guilty plea will subject the Defendant to the following maximum

possible sentence. As to Count One: 20 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. As to each of Counts Three and Eight: 3 years'

imprisonment, 1 year of supervised release, a fine not less than $5,000 nor more than

$250,000 fine, such restitution as may be ordered by the Court, and forfeiture of all

forfeitable assets. Defendant's guilty plea to Counts Three and Eight wiU subject

Defendant to a mandatory minimum sentence of 90 days'imprisonment.

      The Court additionally must impose a $100 special assessment per count of

conviction.
 Case 4:21-cr-00199-WTM-CLR        Document 86      Filed 12/08/22    Page 4 of 10




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 Guidehnes

      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 Guidehnes suggest. The Court will consider that range, possible

departures under the Sentencing Guidelines, and other sentencing factors under 18

U.S.C. § 3553(a), in determining the Defendant's sentence.           The Sentencing

Guidelines are based on^of Defendant's relevant conduct, pursuant to U.S.S.G. §

IB1.3, 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 4:21-cr-00199-WTM-CLR         Document 86      Filed 12/08/22    Page 5 of 10




      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

apphcable Sentencing Guidelines range.

      b.     Acceptance of Resnonsibilitv


      If the Court determines that Defendant qualifies for an adjustment under

U.S.S.G. § 3E1.1(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.

7.    Dismissal of Other Counts & Recommendation for Concurrent Sentence

      At sentencing, the government will move to dismiss any other Counts of the

Indictment that remain pending against Defendant. Further,the Government agrees

to recommend that Defendant's sentence on Counts 3 and 8 be served concurrently

with one another.


8.    Financial Obfigations 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 Hmited 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
 Case 4:21-cr-00199-WTM-CLR          Document 86      Filed 12/08/22    Page 6 of 10




      Defendant agrees to pay a special assessment in the amount of $300, payable

to the Clerk of the United States District Court, which shall be due immediately at

the time of sentencing.

9.    Waivers


      a.     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.

      b.     Fed. R. Crim. P. 11(f) and Fed. R. Evid. 410 Waiver

      Rule llffi of the Federal Rules of Criminal Procedure and Rule 410 of the

Federal Rules of Evidence ordinarily hmit the admissibihty 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, aU 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
 Case 4:21-cr-00199-WTM-CLR          Document 86      Filed 12/08/22    Page 7 of 10




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 difigently, 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 aU 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.

Defendant waives any statute-of-limitations or speedy trial defense to prosecutions

reinstated or commenced under this paragraph.

13.   Entire Agreement
 Case 4:21-cr-00199-WTM-CLR      Document 86     Filed 12/08/22   Page 8 of 10




       This agreement contains the entire agreement between the government and

Defendant.


                                    DAVID H. ESTES
                                    UNITED STATES ATTORNEY



Date                                Patricia G. Rhodes
                                    Chief, Criminal Division



 8-4-2022

Date                                Chris Howard
                                    Assistant United States Attorney
 Case 4:21-cr-00199-WTM-CLR          Document 86      Filed 12/08/22    Page 9 of 10




        I have read and carefully reviewed this agreement with my attorney. I

understand each provision of this agreement, and I voluntarOy agree to it. I hereby

stipulate that the factual basis set out therein is true and accurate in every respect.




'ate.                                   Defendant Brandon Williams



        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                                                 Attorney, Joseph Williams
Case 4:21-cr-00199-WTM-CLR           Document 86     Filed 12/08/22   Page 10 of 10




                      UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF GEORGIA
                              SAVANNAH DIVISION



 UNITED STATES OF AMERICA


                    V.                                     CR: 421-199


BRANDON LAMAR WILLIAMS



                                       ORDER


      The aforesaid Plea Agreement, having been considered by the Court in

conjunction with the interrogation by the Court of the Defendant and the

Defendant's attorney at a hearing on the Defendant's motion to change Defendant's

plea and the Court finding that the plea of guilty is made freely, voluntarily and

knowingly, it is thereupon,

      ORDERED that the plea of guilty by Defendant be, and it is, hereby accepted

and the foregoing Plea Agreement be, and it is, hereby ratified and confirmed.



             This             of                       2022.




                                   HON. WILLIAM T. MOORE,JR.
                                   JUDGE, UNITED STATES DISTRICT COURT
                                   SOUTHERN DISTRICT OF GEORGIA


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