United States v. Donovan Scarlett — Plea Agreement Letter, District of Massachusetts (Document 29)

Summary

A plea agreement letter dated April 16, 2024 from the Acting United States Attorney for the District of Massachusetts to counsel for Donovan Scarlett, filed April 30, 2024 as Document 29 in Case 1:24-cr-10114-DJC in the U.S. District Court for the District of Massachusetts. Under Federal Rule of Criminal Procedure 11(c)(1)(B), Scarlett agrees to waive Indictment and plead guilty to Count One of an Information charging wire fraud under 18 U.S.C. § 1343. The parties agree to a total offense level of 7, including a 2-level increase for a loss of more than $6,500 and not more than $15,000. The government agrees to recommend a Guidelines sentence, 36 months of supervised release, restitution of $13,600 and a $13,600 forfeiture money judgment, and Scarlett waives appellate rights.

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Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 1 of 7

U.S. Department of Justice

Joshua S, Levy
Acting United States Attorney
District of Massachusetts

Main Reception: (617) 748-3100 John Joseph Moakley United States Courthouse
1 Courthouse Way
Suite 9200
Boston, Massachusetts 02210

April 16, 2024

Charles W. Rankin, Esq.

Rankin & Sultan

1666 Massachusetts Avenue, Suite 16
Lexington, MA 02420

Re: United States vy, Donovan Scarlett

Dear Counsel:

The Acting United States Attorney for the District of Massachusetts (the “U.S. Attorney”)

and your client, Donovan Scarlett (“Defendant”), agree as follows, pursuant to Federal Rule of
Criminal Procedure 11(c)(1)(B):

I. Change of Plea

At the earliest available date, Defendant will waive Indictment and plead guilty to Count
One of an Information charging him with wire fraud, in violation of 18 U.S.C. § 1343. Defendant
admits that Defendant committed the crime specified in that count and is in-fact guilty of it.

The U.S. Attorney agrees to not seek additional charges for criminal acts related to
Defendant’s conduct on or about March 8, 2024.

2. Penalties

Defendant faces the following penalties: incarceration for 20 years; supervised release for
three years; a fine of $250,000 or twice the gross gain or loss, whichever is greater; a mandatory
special assessment of $100; restitution; and forfeiture to the extent charged in the Information.

Defendant understands that, if Defendant is not a United States citizen by birth, pleading
guilty may affect Defendant’s immigration status. Defendant agrees to plead guilty regardless of

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Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 2 of 7

any potential immigration consequences, even if Defendant’s plea results in being automatically
removed from the United States.

3, Sentencing Guidelines

The parties agree, based on the following calculations, that Defendant’s total “offense
level” under the Guidelines is 7:

a) Defendant’s base offense level is 7, because the offense of conviction has a
statutory maximum term of imprisonment of 20 years or more (USSG §
2B1.1(a)(1));

b) Défendant’s offense level is increased by 2, because the offense involved a loss
of more than $6,500 and not more than $15,000 (USSG § 21.1(b)(1)(B)); and

c) Defendant’s offense level is decreased by 2, because Defendant has accepted
responsibility for Defendant’s crime (USSG § 3E1.1).

Defendant understands that the Court is not required to follow this calculation or even to
sentence Defendant within the Guidelines and that Defendant may not withdraw Defendant’s

guilty plea if Defendant disagrees with how the Court calculates the Guidelines or with the
sentence the Court imposes.

Defendant also understands that the government will object to any reduction in Defendant’ s
sentence based on acceptance of responsibility if: (a) at sentencing, Defendant (directly or through
counsel) indicates that Defendant does not fully accept responsibility for having engaged in the
conduct underlying each of the elements of the crime to which Defendant is pleading guilty; or (b)
by the time of sentencing, Defendant has committed a new federal or state offense, or has in any
way obstructed justice.

If, after signing this Agreement, Defendant’s criminal history score or Criminal History

Category is reduced, the U.S. Attorney reserves the right to seek an upward departure under the
Guidelines.

Nothing in this’Plea Agreement affects the U.S. Attorney’s obligation to provide the Court
and the U.S. Probation Office with accurate and complete information regarding this case.

4, Sentence Recommendation
The U.S. Attorney agrees to recommend the following sentence to the Court:

a) incarceration within the Guidelines sentencing range as calculated by the parties
in Paragraph 3;

b) a fine within the Guidelines sentencing range as calculated by the parties in
Paragraph 3, unless the Court finds that Defendant is not able, and is not likely
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Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 3 of 7

to become able, to pay a fine;
c) 36 months of supervised release;

d) amandatory special assessment of $100, which Defendant must pay to the Clerk
of the Court by the date of sentencing;

e) restitution of $13,600; and
f) forfeiture as set forth in Paragraph 6.
Defendant agrees that all criminal monetary penalties, including special assessment,
restitution, forfeiture, and/or fine imposed shall be due and payable immediately, and further
agrees that any Court-ordered repayment schedule does not preclude further enforcement or

collection by the United States.

5, Waiver of Appellate Rights and Challenges to Conviction or Sentence

Defendant has the right to challenge Defendant’s conviction and sentence on “direct
appeal.” This means that Defendant has the right to ask a higher court (the “appeals court”) to look
at what happened in this case and, if the appeals court finds that the trial court or the parties made
certain mistakes, overturn Defendant’s conviction or sentence. Also, in some instances, Defendant
has the right to file a separate civil lawsuit claiming that serious mistakes were made in this case
and that Defendant’s conviction or sentence should be overturned.

Defendant understands that Defendant has these rights, but now agrees to give them up.
Specifically, Defendant agrees that:

a) Defendant will not challenge Defendant’s conviction on direct appeal or in any
other proceeding, including in a separate civil lawsuit; and

b). Defendant will not challenge Defendant’s sentence, including any court orders
related to forfeiture, restitution, fines or supervised release, on direct appeal or
in any other proceeding, including in a separate civil lawsuit.

Defendant understands that, by agreeing to the above, Defendant is agreeing that
Defendant’s conviction and sentence will be final when the Court issues a written judgment after

the sentencing hearing in this case. That is, after the Court issues a written judgment, Defendant
will lose the right to appeal or otherwise challenge Defendant’s conviction and sentence, regardless

of whether Defendant later changes Defendant’s mind or finds new information that would have
led Defendant not to agree to give up these rights in the first place.

Defendant is agreeing to give up these rights at least partly in exchange for concessions the
U.S. Attorney is making in this Agreement.
Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 4 of 7

The parties agree that, despite giving up these rights, Defendant keeps the right to later
claim that Defendant’s lawyer rendered ineffective assistance of counsel, or that the prosecutor or
a member of law enforcement involved in the case engaged in misconduct serious enough to entitle
Defendant to have Defendant’s conviction or sentence overturned.

6. Forfeiture

Defendant understands that the Court will, upon acceptance of Defendant’s guilty plea,
enter an order of forfeiture as part of Defendant’s sentence, and that the order of forfeiture may
include assets directly traceable to Defendant’s offense, assets used to facilitate Defendant’s
offense, substitute assets and/or a money judgment equal to the value of the property derived from,
or otherwise involved in, the offense.

The assets to be forfeited specifically include, without limitation, the following:
a. $13,600 in United States currency, to be entered in the form of an Order of
Forfeiture (Money Judgment).

Defendant admits that $13,600 is subject to forfeiture on the grounds that it is equal to the
amount of proceeds the Defendant derived from the offense.

Defendant acknowledges and agrees that the amount of the forfeiture money judgment
represents proceeds the Defendant obtained (directly or indirectly), and/or facilitating property
and/or property involved in, the crimes to which Defendant is pleading guilty and that, due at least
in part to the acts or omissions of Defendant, the proceeds or property have been transferred to, or
deposited with, a third party, spent, cannot be located upon exercise of due diligence, placed
beyond the jurisdiction of the Court, substantially diminished in value, or commingled with other
property which cannot be divided without difficulty. Accordingly, Defendant agrees that the
United States is entitled to forfeit as “substitute assets” any other assets of Defendant up to the
value of the now missing directly forfeitable assets.

Defendant agrees to consent to the entry of an order of forfeiture for such property and
waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)(), 32.2, and 43(a)
regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the.
change-of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. Defendant understands and agrees that forfeiture shall not satisfy or
affect any fine, lien, penalty, restitution, cost of imprisonment, tax liability or any other debt owed
to the United States.

If the U.S. Attorney requests, Defendant shall deliver to the U.S. Attorney within 30 days
after signing this Plea Agreement a sworn financial statement disclosing all assets in which
Defendant currently has any interest and all assets over which Defendant has exercised control, or
has had any legal or beneficial interest. Defendant further agrees to be deposed with respect to
Defendant’s assets at the request of the U.S. Attorney. Defendant agrees that the United States
Department of Probation may share any financial information about the Defendant with the United
States Attorney’s Office.
Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 5 of 7

Defendant also agrees to waive all constitutional, legal, and equitable challenges (including

direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with
this Plea Agreement.

Defendant hereby waives and releases any claims Defendant may have to any vehicles,
currency, or other personal property seized by the United States, or seized by any state or local law
enforcement agency and turned over to the United States, during the investigation and prosecution
of this case, and consents to the forfeiture of all such assets.’

7. Civil Liability

This Plea Agreement does not affect any civil liability, including any tax liability,
Defendant has incurred or may later incur due to Defendant’s criminal conduct and guilty plea to
the charges specified in Paragraph 1 of this Agreement.

8. Breach of Plea Agreement

Defendant understands that if Defendant breaches any provision of this Agreement,
violates any condition of Defendant’s pre-trial release or commits any crime following
Defendant’s execution of this Plea Agreement, Defendant cannot rely upon such conduct to
withdraw Defendant’s guilty plea. Defendant’s conduct, however, would give the U.S. Attorney
the right to be released from the U.S. Attorney’s commitments under this Agreement, to pursue
any charges that were, or are to be, dismissed under this Agreement, and to use against Defendant
any of Defendant’s statements, and any information or materials Defendant provided to the
government during investigation or prosecution of Defendant’s case—even if the parties had
entered any earlier written or oral agreements or understandings about this issue.

Defendant also understands that if Defendant breaches any provision of this Agreement or
engages in any of the aforementioned conduct, Defendant thereby waives any defenses based on
the statute of limitations, constitutional protections against pre-indictment delay, and the Speedy

Trial Act, that Defendant otherwise may have had to any charges based on conduct occurring
before the date of this Agreement.

9. Who is Bound by Plea Agreement
This Agreement is only between Defendant and the U.S. Attorney for the District of

Massachusetts. It does not bind the Attorney General of the United States or any other federal,
state, or local prosecuting authorities.

10. Modifications to Plea Agreement

This Agreement can be modified or supplemented only in a written memorandum signed
by both parties, or through proceedings in open court.

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Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 6 of 7

If this letter accurately reflects the agreement between the U.S. Attorney and Defendant,
please have Defendant sign the Acknowledgment of Plea Agreement below. Please also sign
below as Witness. Return the original of this letter to Assistant U.S. Attorney Sarah Hoefle.

Sincerely,

JOSHUA S. LEVY
Acting United States Attorney

By: /s/ Timothy Moran

TIMOTHY E. MORAN

Chief, Organized Crime and Gang Unit
MICHAEL J. CROWLEY

Deputy Chief, Organized Crime and Gang Unit

/s/ Sarah Hoefle

SARAH HOEFLE
Assistant U.S. Attorney
Case 1:24-cr-10114-DJC Document 29 Filed 04/30/24 Page 7 of 7

ACKNOWLEDGMENT OF PLEA AGREEMENT

I have read this letter and discussed it with my attorney. The letter accurately presents my
agreement with the United States Attorney’s Office for the District of Massachusetts. There are no
unwritten agreements between me and the United States Attorney’s Office, and no United States
government official has made any unwritten promises or representations to me in connection with
my guilty plea. I have received no prior offers to resolve this case.

I understand the crime I am pleading guilty to, and the maximum penalties for that crime.
Ihave discussed the Sentencing Guidelines with my lawyer, and I understand the sentencing ranges
that may apply.

I am satisfied with the legal representation my lawyer has given me, and we have had
enough time to meet and discuss my case. We have discussed the charge against me, possible
defenses I might have, the terms of this Agreement and whether I should go to trial.

[am entering into this Agreement freely and voluntarily and because I am in fact guilty of
the offense. I believe this Agreement is in my best interest.

Donovan Scarlett
Defendant

Date: “/ [2 hory

I certify that Donovan Scarlett has read this Agreement and that we have discussed what it
means. I believe Defendant Donovan Scarlett understands the Agreement and is entering into it
freely, voluntarily, and knowingly. I also certify that the U.S. Attorney has not extended any other

offers regarding a change of plea in this case.

Charles Rankin
Attorney for Defendant

Date:


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