United States v. Thomas Zolezzi — Plea Agreement, Southern District of California (Document 8)

Summary

A Plea Agreement in United States of America v. Thomas Zolezzi, Case No. 23-cr-02352-AJB, in the U.S. District Court for the Southern District of California, filed November 16, 2023 as Document 8; defense counsel is Domenic J. Lombardo. The defendant agrees to waive indictment and plead guilty to a single-count Information charging wire fraud under Title 18, United States Code, Section 1343. The factual basis states that Zolezzi applied for and received three PPP loans and two EIDLs, including an $11,354 PPP loan from U.S. Bank, PPP loans of $1,160,667 and $1,026,875 from Capital Plus Financial, and EIDLs of $149,900 and $473,330. Zolezzi agrees to a total loss of at least $2,939,794.99 and to restitution of $700,884.75 to the SBA and at least $2,238,910.24 to Capital Plus Financial. The offense carries a maximum of 20 years in prison.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

10
12
14
16
17
18
19
20
ai.
22
23
24

26
27
28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.10 Page1of17

TARA K. MCGRATH
United States Attorney

Christopher M. Alexander

Assistant U.S. Attorney een
California Bar No. 201352 Pe Ef F
United States Attorney’s Office FILED

880 Front Street, Room 6293 [ _ —a te
San Diego, California 92101-8893

Telephone: (619) 546-6665 NOV 1 6 2023
Attorneys for Plaintiff CLERK. U.S. DISTRICT COU
CNTED —_e ae AMNION. SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Case No. 23-cr-02352 -AJB
Plaintiff, PLEA AGREEMENT
Vv.
THOMAS ZOLEZZI,
Defendant.

IT IS HEREBY AGREED between the plaintiff, UNITED STATES OF AMERICA,
through its counsel, Tara K. McGrath, United States Attorney, and
Christopher M. Alexander, Assistant United States Attorney, and
defendant, THOMAS ZOLEZZI, with the advice and consent of Domenic J.
Lombardo, counsel for defendant, as follows;

//
//
//
//
//
i?

Def. Initials ] y,
10
ll
12
13
14
15
16
17
18
Lg
20
22
23
24
25
26
27

28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.11 Page 2of17

THE PLEA
A, THE CHARGE
Defendant agrees to waive Indictment and plead guilty to a single-

count Information charging defendant with:

On May 14, 2020, within the Southern District of California,
and elsewhere, defendant THOMAS ZOLEZZI, having knowingly
devised a material scheme and artifice to defraud and to obtain
money and property by means of materially false and fraudulent
pretenses, representations, and promises, knowingly
transmitted and caused to be transmitted by means of a wire
communication in interstate commerce certain writings, signs,
signals, and sounds, that is, an application for a Payroll
Protection Program Loan in the amount of $11,354 from inside
of California to outside of California, to pay for his personal
expenses instead of paying the salary of his employees. All
in violation of Title 18, United States Code, Section 1343.

Further, in addition to the terms contained in Section X.G.3. below, the
attached restitution addendum shall govern restitution in this case.

B. PROSECUTION OF ADDITIONAL CHARGES

In exchange for Defendant’s guilty plea, the United States
Attorney’s Office for the Southern District of California agrees not to
initiate or prosecute any additional criminal charges against Defendant
related to the misappropriation of funds, as described in §II(B), and
not to prosecute Defendant thereafter on such additional charges, unless
Defendant breaches the plea agreement or the guilty plea entered pursuant

to this plea agreement is set aside for any reason.

Defendant expressly waives all constitutional and statutory

defenses to the charges alleged in the Information and in this plea

agreement, and to the reinstatement of any charges deferred pursuant to
this agreement.

//

//

2 Def. Initials / a

CR
10
Ld
12
13
14
16
17
18
19
20
22
24
25
26
27
28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.12 Page 3of17

In return for the concessions made by the Government herein,

Defendant agrees further as follows:

1. Defendant will not file any substantive motions
(including those described in Fed. R. Crim. P. 12, other
than motions seeking bail review); and

2. Upon acceptance of Defendant’s guilty plea by the
District Court, and not withstanding any preservation
order(s) entered by the District Court, the Government
need not hold or preserve any evidence seized in
connection with this case.

It

NATURE OF THE OFFENSE

A. ELEMENTS EXPLAINED

The offense to which defendant is pleading guilty has the following

elements:

1. Defendant knowingly participated in and devised a scheme
or plan to defraud, or a scheme or plan for obtaining
money or property by means of false or fraudulent
pretenses, representations, or promises;

2. The statements made or facts omitted as part of the scheme
were material; that is, they had a natural tendency to
influence, or were capable of influencing, a person to
part with money or property;

3 Defendant acted with the intent to defraud, that is, the
intent to deceive or cheat; and

4. Defendant used, or caused to be used, an interstate wire

communication to carry out or attempt to carry out an
essential part of the scheme.

B. ELEMENTS UNDERSTOOD AND ADMITTED - FACTUAL BASIS

Defendant has fully discussed the facts of this case with defense
counsel. Defendant has committed each element of the crime and admits
that there is a factual basis for this guilty plea. The following facts

are true and undisputed:

3 Def. Initials | 1

CR
12
13
14
15
16
17
18
20
21
22
24
25
26
27
28

The Coronavirus Aid, Relief, and Economic Security Act
(“CARES Act”) was enacted on March 27, 2020, to provide
over $2 trillion of economic relief to workers, families,
small businesses, industry sectors, and other levels of
government that have been hit hard by the public health
crisis created by the Coronavirus (“COVID-19”). Among
the provisions contained in the CARES Act are provisions
authorizing the Small Business Administration (“SBA”) to
temporarily guarantee loans under a new 7(a) loan program
titled the Paycheck Protection Program (“PPP”). Another
source of relief under the CARES Act was the authorizing
the SBA to provide Economic Injury Disaster Loans
(“EIDL”).

This SBA-backed PPP program was designed to help
businesses keep their workforce employed during the
COVID-19 crisis. Under the PPP, borrowers received loans
to cover payroll costs and certain eligible nonpayroll
costs. A borrower could apply for forgiveness once all
loan proceeds for which the borrower was requesting
forgiveness have been used. Borrowers could apply for
forgiveness at any time up to the maturity date of the
loan. If borrowers did not apply for forgiveness within
10 months after the last day of the covered period, then
PPP loan payments were no longer deferred, and borrowers
would begin making loan payments to their PPP lender.
Loans guaranteed under the PPP were 100 percent
guaranteed by SBA, and the full principal amount of the
loans could in some circumstances qualify for loan
forgiveness.

A company was eligible for a PPP loan if it has 500 or
fewer employees whose principal place of residence is in
the United States or was a business that operates in a
certain industry and met the applicable SBA employee-
based size standards for that industry, and was in
operation on February 15, 2020.

In order to obtain a PPP loan, each applicant was required
to provide information about the subject business's
operations, such as the date of opening, number of
employees, and past revenues. Each applicant was also
required to certify that all the information in the
application was true and correct to the best of the
applicant’s knowledge.

Under the PPP loan program, the maximum loan amount is
the lesser of $10 million or an amount calculated using
a payroll~based formula specified in the Act. The entire
loan amount may be forgiven. However, for 100%
forgiveness, at least 60% of loan must be used on payroll
costs, and the remaining 40% may be spent on interest on
mortgages, rent, and utilities in the 24 weeks post loan
disbursement.

—

4 Def. Initials Ie.

CR
10
11
13
14
LS
16
17
18
20
21
22
23
24
25
26
27
28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.14 Page5of17

10.

The PPP loans were not directly distributed through the
SBA. Rather, the SBA approved 7(a) lenders to make PPP
loans on a delegated basis. If a PPP loan application was
approved, the participating lender funded the PPP loan
using its own monies, which were 100% guaranteed by the
SBA. The SBA maintained the power to exercise authority
over PPP loan administration.

The EIDL program is administered by the SBA and provides
low-interest funding to small businesses, renters, and
homeowners affected by the declared disasters. To obtain
a EIDL, a qualifying applicant must submit an application
to the SBA and provide information about its operations,
such as the number of employees, gross revenues for the
12-month period preceding the disaster, and cost of goods
sold in the 12-month period preceding the disaster. For
COVID-19 EIDL, the 12-month period was the year preceding
January 31, 2020. The applicant must certify that all
the information in the application is correct and agree
that the funds will be used solely as working capital to
alleviate economic injury caused by the disaster.
Working capital expenses include payroll expenses, sick
leave, production costs, and ordinary business
obligations, like debts, rent, and mortgage payments.

The amount of an EBIDL is determined, in part, by the
information provided in the application. Any EIDL is
issued directly by the SBA. If an applicant receives a
PPP loan, the EIDL cannot be used for the same purposes
as the PPP loan.

Defendant Thomas Zolezzi (“Zolezzi”) applied for and
received CARES Act relief in the form of three PPP loans
and two EIDLs.

First, on May 14, 2020, Zolezzi applied for and received
a $11,354 PPP loan from U.S. Bank. The application was
received through the SBA E-Tran server which is located
in Sterling, Virginia.

The application was digitally signed by Clifford
Ichiyasu. Clifford Ichiyasu never applied for this loan
or signed this application.

The SBA paid $567.70 in fees to the lender. The total
outstanding balance of $11,550.80, which included $11,354
for the initial loan amount and $196.80 in interest), was
forgiven on February 2, 2022 and paid by the SBA.
Forgiveness applications were received through the Summit
Server located in Oregon. In the application, Zolezzi
represented that he used the funds to pay employees.
Instead, Zolezzi used the fund to pay for his personal
expenses.

5 Def. Initials fs,

CR
ales
12

14

16
17
18
13
20
eee
22
23
24
ao
26
27
28

14,

15:

16.

17.

19.

21.

22%

20.

Second, on December 9, 2020, Zolezzi applied for and
received a $149,900 EIDL loan from the SBA. The
application was received in a Microsoft cloud-based
platform using a Rapid Finance application, through
servers located in Des Moines, Iowa.

The application claimed Zolezzi was an independent
contractor and had annual revenues of $298,000. A review
of Zolezzi’s bank records did not show annual revenues
of this amount. This loan remains outstanding.

Third, on February 9, 2021, Zolezzi applied for and
received a $1,160,667 PPP loan from Capital Plus
Financial. The application was received though the
Summit platform, a cloud-based platform utilizing the AWS
GOV cloud servers located in Oregon.

The application claimed Casamar USA, ING: had
65 employees with an average monthly payroll of $464,267.
The number of employees and amount of payroll claimed on
the application was false.

The SBA paid the lender $34,820 in fees. According to
Capital Plus Financial, no payments have been made on
this loan and the payoff amount as of July 25, 2023 is
$1,189,190.79. This loan has not been forgiven.

Fourth, on May 6, 2021, Zolezzi applied for and received
a $1,026,875 PPP loan from Capital Plus Financial. The
application was received though the Summit platform, a
cloud-based platform utilizing the AWS GOV cloud servers
located in Oregon.

The application claimed Zolezzi, operating as a sole
proprietor, had 65 employees with an average monthly
payroll of $410,750. The number of employees and amount
of payroll claimed on the application was false.

The SBA paid the lender $30,716.25 in fees. According
to Capital Plus Financial, no payments have been made on
this loan and the payoff amount as of July 25, 2023 is
$1,049, 719.45. On June 20, 2022, Zolezzi submitted a
loan forgiveness application. The loan has not been
forgiven.

Fifth, on December 14, 2021, Zolezzi applied for and
received a $473,330 EIDL loan from the SBA. The
application was received in a Microsoft cloud-based
platform using a Rapid Finance application, through
servers located in Des Moines, Iowa.

The application claimed that Casamar USA, Inc. had annual
gross revenues of $12,505,184. This claim was false and
Zolezzi’s bank records do not show annual revenues of
this amount. The application was digitally signed by

6 Def. Initials ipa

CR
10
11
12
13
14
15
16
17
18
20
21
22
23
24
25
26
27

28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.16 Page 7 of 17

Clifford Ichiyasu. Clifford Ichiyasu never applied for
this loan or signed this application. This loan remains
outstanding.

23. Zolezzi agrees that he caused a total loss of at least
$2,939,794.99: the SBA was defrauded in the amount of
$700,884.75 and Capital Plus Financial was defraud by at
least $2,238,910.24. JZolezzi agrees to pay restitution
to the SBA in the amount of $700,884.75 and Capital Plus
Financial in the amount of at least $2,238,910.24.

TIL
PENALTIES
The crime to which Defendant is pleading guilty carries the

following penalties:

A. a maximum of 20 years in prison;
Bs a maximum $1,000,000 fine;
B. a mandatory special assessment of $100.00 per count;

Cs an order from the Court pursuant to 18 U.S.C. $§ 3663 or 3663A
that defendant make mandatory restitution to the victims of
the offense of conviction, or the successors, heirs, and
estates of the victims. Defendant understands that the Court
shall also order, if agreed to by the parties in this plea
agreement, restitution to persons other than the victims of
the offense of conviction; and

D. a term of supervised release of at least 3 years. Defendant
understands that failure to comply with any of the conditions
of supervised release may result in revocation of supervised
release, requiring defendant to serve in prison, upon any such
revocation, all or part of the statutory maximum term of
Supervised release for the offense that resulted in such term
of supervised release.

In addition, Defendant shall be subject to an order of restitution
to the SBA in the amount of $700,884.75 and Capital Plus Financial in
the amount of at least $2,238,910.24.

Iv

DEFENDANT’ S WAIVER OF TRIAL RIGHTS
AND UNDERSTANDING OF CONSEQUENCES

This guilty plea waives defendant’s right at trial to:

7 Def. Initials /Z-

CR
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
29
26
27
28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.17 Page 8of17

A. Continue to plead not guilty and require the Government to
prove the elements of the crime beyond a reasonable doubt;

B. A speedy and public trial by jury;

Ce The assistance of counsel at all stages of trial;

D. Confront and cross-examine adverse witnesses;

E. Testify and present evidence and to have witnesses testify on
behalf of defendant; and

EF. Not testify or have any adverse inferences drawn from the

failure to testify.

Vv

DEFENDANT ACKNOWLEDGES NO PRETRIAL RIGHT TO BE
PROVIDED WITH IMPEACHMENT AND AFFIRMATIVE DEFENSE INFORMATION

Any information establishing the factual innocence of defendant
known to the undersigned prosecutor in this case has been turned over
to defendant. The Government will continue to provide such information
establishing the factual innocence of defendant.
| If this case proceeded to trial, the Government would be required
to provide impeachment information for its witnesses. In addition, if
| defendant raised an affirmative defense, the Government would be
required to provide information in its possession that supports such a
defense. By pleading guilty, defendant will not be provided this
information, if any, and defendant waives any right to this information.
Defendant will not attempt to withdraw the guilty plea or file a

collateral attack on the existence of this information.

VI

DEFENDANT’S REPRESENTATION THAT GUILTY
PLEA IS KNOWING AND VOLUNTARY

Defendant represents that:

A. Defendant has had a full opportunity to discuss all the facts
and circumstances of this case with defense counsel ang has—a

8 Def. Initials fice

CR
10
13
14
16
17
18
19
20
a2
23
24
25
26
2?
28

clear understanding of the charges and the consequences of
this plea. By pleading guilty, defendant may be giving up, and
rendered ineligible to receive, valuable government benefits
and civic rights, such as the right to vote, the right to
possess a firearm, the right to hold office, and the right to
serve on a jury. The conviction in this case may subject
defendant to various collateral consequences, including but
not limited to revocation of probation, parole, or supervised
release in another case; debarment from government
contracting; and suspension or revocation of a professional
license, none of which can serve as grounds to withdraw
Defendant’s guilty plea;

B. No one has made any promises or offered any rewards in return
for this guilty plea, other than those contained in this
agreement or otherwise disclosed to the court;

Cc. No one has threatened defendant or defendant’s family to
induce this guilty plea; and,

Di Defendant is pleading guilty because defendant is guilty and
for no other reason.

VII

AGREEMENT LIMITED TO U.S. ATTORNEY’S OFFICE,
SOUTHERN DISTRICT OF CALIFORNIA

This plea agreement is limited to the United States Attorney’s
Office for the Southern District of California, and cannot bind any

other authorities in any type of matter, although the Government will

bring this plea agreement to the attention of other authorities if
requested by defendant.

APPLICABILITY OF SENTENCING GUIDELINES

The sentence imposed will be based on the factors set forth in
18 U.S.C. § 3553(a). In imposing the sentence, the sentencing judge
must consult the United States Sentencing Guidelines (Guidelines) and
take them into account. Defendant has discussed the Guidelines with
defense counsel and understands that the Guidelines are only advisory,
not mandatory. The Court may impose a sentence more severe or less

severe than otherwise applicable under the Guidelines, up to the maximum

9 Def. Initials / iz

CR
wo Oo AF DBD Oo Se W

18
19
20
21
20
24
25
26

28

Case 3:23-cr-02352-AJB Document8- Filed 11/16/23. PagelD.19 Page 10 of 17

in the statute of conviction. The sentence cannot be determined until
a presentence report is prepared by the U.S. Probation Office and defense
counsel and the Government have an opportunity to review and challenge

the presentence report. Defendant agrees to request that a presentence

report be prepared. Nothing in this plea agreement limits the

Government’s duty to provide complete and accurate facts to the district
court and the U.S. Probation Office.
IX

SENTENCE IS WITHIN SOLE DISCRETION OF JUDGE

This plea agreement is made pursuant to Federal Rule of Criminal
Procedure 1ll(c)(1)(B). The sentence is within the sole discretion of
the sentencing judge who may impose the maximum sentence provided by
statute. It is uncertain at this time what defendant’s sentence will
be. The Government has not made and will not make any representation
as to what sentence defendant will receive. Any estimate of the probable

sentence by defense counsel is not a promise and is not binding on the

Court. Any recommendation made by the Government at sentencing is also
not binding on the Court. If the sentencing judge does not follow any
of the parties’ sentencing recommendations, defendant will not withdraw
the plea.

x

PARTIES’ SENTENCING RECOMMENDATIONS

A. SENTENCING GUIDELINE CALCULATIONS

Although the Guidelines are only advisory and just one factor the
Court will consider under 18 U.S.C. § 3553(a) in imposing a sentence,
the parties will jointly recommend the following Base Offense Level,

Specific Offense Characteristics, Adjustments, and Departures:

ds Base Offense Level (USSG § 2Bl.1] 7
10 Def. Initials p=

CR
10
11
2
13
14
16
18
19
20
24
22
24
25
26
27
28

Case 3:23-cr-02352-AJB Document8- Filed 11/16/23 PagelD.20 Page11of17

2. Loss over $1,500,000 but under $3,500,000 +16
[§ USSG 2B1.1(b) (1) (G)]

3. Sophisticated Means 2
[§ USSG 2B1.1(b) (10) (C)]

4. Acceptance of Responsibility [§ 3E1.1] -3

os Expeditious Resolution [§ 5K2.0] -3*

*The Government reserves the right to reduce its recommended
departure if defendant does not proceed to sentencing on the first date
set by the Court, unless the parties agree to a continuance or sentencing
is continued on the Court’s own motion.

B. ACCEPTANCE OF RESPONSIBILITY

Despite paragraph A above, the Government need not recommend an
adjustment for Acceptance of Responsibility if defendant engages in
conduct inconsistent with acceptance of responsibility including, but

not limited to, the following:

1. Fails to truthfully admit a complete factual basis as
stated in the plea at the time the plea is entered, or

falsely denies, or makes a statement inconsistent with,
the factual basis set forth in this agreement;

2. Falsely denies prior criminal conduct or convictions;

3. Is untruthful with the Government, the Court or probation

officer; or

4. Breaches this plea agreement in any way.

Cc. FURTHER ADJUSTMENTS AND SENTENCE REDUCTIONS
INCLUDING THOSE UNDER 18 U.S.C. § 3553

Defendant may request or recommend additional downward adjustments,

departures, or variances from the Sentencing Guidelines under 18 U.S.C.

§ 3553. The Government will oppose any downward adjustments, departures,
or variances not set forth in Section X, paragraph A above.

a
via Def. Initials /
CR
10
ll
12
13
14
15
16
1)
18
19
20
22
23
24
25
26
27

28

Case 3:23-cr-02352-AJB Document8- Filed 11/16/23. PagelD.21 Page12of17

BI NO AGREEMENT AS TO CRIMINAL HISTORY CATEGORY

The parties have no agreement as to defendant's Criminal History
Category, except that, if defendant is determined to be a Career
Offender, the parties agree that defendant is automatically a Criminal
History Category VI pursuant to USSG § 4B1.1(b).

E. “FACTUAL BASIS” AND “RELEVANT CONDUCT” INFORMATION

The facts in the “factual basis” paragraph of this agreement are
true and may be considered as “relevant conduct” under USSG § 1B1.3 and
as the nature and circumstances of the offense under 18 U.S.C.
§ 3553(a) (1).

F PARTIES’ RECOMMENDATIONS REGARDING CUSTODY

The Government agrees to recommend the greater of: the low end of
the advisory Guidelines range as calculated by the Government; or the
time served in custody at the time of sentencing.

G. SPECIAL ASSESSMENT, FINE, AND RESTITUTION

dive Special Assessment

The parties will jointly recommend that defendant pay a special
assessment in the amount of $100.00 per felony count of conviction to
be paid forthwith at time of sentencing. The special assessment shall
be paid through the office of the Clerk of the District Court by bank
or cashier’s check or money order made payable to the “Clerk,
United States District Court.”

2. Fine

If the Court does not impose a judgment which includes restitution
as set forth below, the parties will jointly recommend that defendant
pay a fine in an amount to be determined by the Court at the time of
sentencing. The parties agree any fine shall be ordered payable

forthwith. Also, if the Court does not impose a judgment which includes

12 Def. Initials TZ

CR
10
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28

Case 3:23-cr-02352-AJB Document8- Filed 11/16/23. PagelD.22 Page13of17

restitution as contemplated by the plea agreement, the Government will
recommend an additional fine to cover the cost of imprisonment,
supervised release or probation, pursuant to 18 U.S.C. § 3572(a) (6).

The fine shall be paid through the Office of the Clerk of the
District Court by bank or cashier’s check or money order made payable
to the “Clerk, United States District Court.”

3. Restitution

The parties agree that restitution to the SBA in the amount of
$700,884.75 and Capital Plus Financial in the amount of at least
$2,238,910.24 is a part of this plea agreement. The parties have
mutually agreed upon restitution to be imposed as a part of the sentence
in this case in the amount of $2,939,794.99.

Defendant understands that this is only an estimate based on
currently available information, and the Court may impose restitution
of any amount. Defendant agrees that a restitution award in an
unanticipated amount is not grounds to withdraw Defendant’s guilty plea.

His SUPERVISED RELEASE

The Government is free to recommend a period of supervised release.
If the Court imposes a term of supervised release, Defendant will not
seek to reduce or terminate early the term of supervised release until
defendant has served at least two-thirds of the term of supervised
release and has fully paid and satisfied any special assessments, fine,
criminal forfeiture judgment and restitution judgment.
XI

DEFENDANT WAIVES APPEAL AND COLLATERAL ATTACK

Defendant waives (gives up) all rights to appeal and to collaterally
attack every aspect of the conviction and sentence. This waiver

includes, but is not limited to, any argument that the statute of

13 Def. Initials / [

CR
10
11
12
13
14
LS
16
1?
18
19
20
21
22
23
24
25
26
27

28

conviction or defendant’s prosecution is unconstitutional and any
argument that the facts of this case do not constitute the crime charged.
The only exceptions are: (i) defendant may appeal a custodial sentence
above the high end of the guidelines as recommended by the Government
at the time of sentencing; and (ii) defendant may collaterally attack
the conviction or sentence on the basis that defendant received
ineffective assistance of counsel. If defendant appeals, the Government
may support on appeal the sentence or restitution order actually imposed.
XII

BREACH OF THE PLEA AGREEMENT

Defendant and defendant’s attorney know the terms of this agreement
and shall raise, before the sentencing hearing is complete, any claim
that the Government has not complied with this agreement. Otherwise,
such claims shall be deemed waived (that is, deliberately not raised

despite awareness that the claim could be raised), cannot later be made

to any court, and if later made to a court, shall constitute a breach
of this agreement.
Defendant breaches this agreement if defendant violates or fails

to perform any obligation under this agreement. The following are non-

exhaustive examples of acts constituting a breach:
A. Failing to plead guilty pursuant to this agreement;
B, Failing to fully accept responsibility as established in
Section X, paragraph B, above;
om Failing to appear in court;
Dis Attempting to withdraw the plea;
Bs Failing to abide by any court order related to this case;
F. Appealing (which occurs if a notice of appeal is filed) or

collaterally attacking the conviction or sentence in violation
of Section XI of this plea agreement; or

14 Def, Initials /[ —.

CR
10
13
14
LS
16
17
18
19
20
21
22
23
24
25
26
27
28

Case 3:23-cr-02352-AJB Document8 _ Filed 11/16/23 PagelD.24 Page15of17

G. Engaging in additional criminal conduct from the time of
arrest until the time of sentencing.

If defendant breaches this plea agreement, defendant will not be
able to enforce any provisions, and the Government will be relieved of
all its obligations under this plea agreement. For example, the
Government may proceed to sentencing but recommend a different sentence
than what it agreed to recommend above. Or the Government may pursue
any charges including those that were dismissed, promised to be
dismissed, or not filed as a result of this agreement (defendant agrees
that any statute of limitations relating to such charges is tolled
indefinitely as of the date all parties have signed this agreement;
defendant also waives any double jeopardy defense to such charges). In
addition, the Government may move to set aside defendant’s guilty plea.
Defendant may not withdraw the guilty plea based on the Government’s
pursuit of remedies for defendant’s breach.

Additionally, if defendant breaches this plea agreement: (i) any
statements made by defendant, under oath, at the guilty plea hearing
(before either a Magistrate Judge or a District Judge); (ii) the factual
basis statement in Section II.B in this agreement; and (iii) any evidence
derived from such statements, are admissible against defendant in any
prosecution of, or any action against, defendant. This includes the
prosecution of the charge(s) that is the subject of this plea agreement
or any charge(s) that the prosecution agreed to dismiss or not file as
part of this agreement, but later pursues because of a breach by the
Defendant. Additionally, defendant knowingly, voluntarily, and
intelligently waives any argument that the statements and any evidence
derived from the statements should be suppressed, cannot be used by the

Government, or are inadmissible under the United States Constitution,

15 Def. Initials Zz

CR
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.25 Page 16 of 17

any statute, Rule 410 of the Federal Rules of Evidence, Rule 11(f) of
the Federal Rules of Criminal Procedure, and any other federal rule.
XIII

CONTENTS AND MODIFICATION OF AGREEMENT

This plea agreement embodies the entire agreement between the
parties and supersedes any other agreement, written or oral. No
modification of this plea agreement shall be effective unless in writing
signed by all parties.

XIV

DEFENDANT AND COUNSEL FULLY UNDERSTAND AGREEMENT

By signing this agreement, defendant certifies that defendant has
read it (or that it has been read to defendant in defendant’s native

language). Defendant has discussed the terms of this agreement with

defense counsel and fully understands its meaning and effect.

//

16 Def. Initials poe

CR
10
ll
12
13
14
iS
16
17

18

Case 3:23-cr-02352-AJB Document8 Filed 11/16/23. PagelD.26 Page17 of 17

XV

DEFENDANT SATISFIED WITH COUNSEL

Defendant has consulted with counsel and is satisfied with
counsel’s representation. This is defendant’s independent opinion, and
defendant’s counsel did not advise defendant about what to say in this

regard.

Respectfully submitted,

TARA K. MCGRATH
United States Attorney

DATED Christopher Alexander
Assistant U.S. Attorney

DATED Domenic J. Lombardo
Defense Counsel

IN ADDITION TO THE FOREGOING PROVISIONS TO WHICH I AGREE, I SWEAR UNDER
PENALTY OF PERJURY THAT THE FACTS IN THE “FACTUAL BASIS” PARAGRAPH ABOVE
ARE TRUE.

DATED / / Thomas Zolezzi

Approved by:

Mark Conover
Assistant U.S. Attorney

Rev. 6/8/2021 cek/bq

—
17 Def. Initials [ fs we

CR


File and source

File

8-plea-agreement-as-to-thomas-zolezzi.pdf

Size

6,670,237 bytes

SHA-256

e4235f01dc4fbc76b4498d6b2d10e39900ebc4c5b76692cd04be4e8883b32b30

Our copy

8-plea-agreement-as-to-thomas-zolezzi.pdf

Original

PACER (login required)