United States v. Semaj Portis — Guilty Plea Agreement, Eastern District of Missouri (Doc. 4)

Summary

Guilty plea agreement in United States v. Semaj Portis, Case 4:22-cr-00295-AGF, in the U.S. District Court for the Eastern District of Missouri, Doc. 4, filed May 23, 2022. In exchange for the defendant's plea of guilty to Count 1 of the Information, the United States agrees that no further federal prosecution will be brought in this District relative to the wire fraud scheme described in the Information. Count 1 is under Title 18, United States Code, Section 1343, and concerns an electronic Missouri State Assistance for Housing Relief Program application. The stated facts describe federal Emergency Rental Assistance administered by the Missouri Housing Development Commission and state that the scheme defrauded it of $267,238.00.

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“United States v. Semaj Portis — Guilty Plea Agreement, Eastern District of Missouri (Doc. 4).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-no-4-22-cr-00295-dkt-4-e-d-mo-7eeeb2cc1a/, SHA-256 dfc3814bbc976b9c2ecb7f6e181db3839f24e14fd295c5d83e2d3e495c7f0aec.

Full text

.. ., Case: 4:22-cr-00295-AGF Doc. #: 4 Filed: 05/23/22 Page: 1 of 13 PageID #: 9

UNITED STAIBS DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

UNITED STAIBS OF AMERICA, )
)
Plaintiff, )
)
v. ) No. 4:22-wi-00014 AGF
)
SEMAJ PORTIS, )
)
Defendant. )

GUILTY PLEA AGREEMENT

Come now the parties and hereby agree, as follows:
J
1. PARTIES:

The parties are the defendant Semaj Portis, represented by defense counsel William

Goldstein, and the United States of America (hereinafter "United States" or "Government''),

represented by the Office of the United States Attorney for the Eastern District of Missouri. This

agreement does not, and is not intended to, .bind any governmental pffice or agency other than the

United States Attorney for the Eastern District of Missouri. The Court is neither a party to nor

bound by this agreement.

2. GUILTY PLEA:

Pursuant to Rule 1 l(c)(l)(B), Federal Rules of Criminal Procedure, in exchange for the

defendant's voluntary plea of guilty to Count 1 of the Information, the United States agrees that

no further federal prosecution will be brought in this District relative to the defendant's wire fraud

scheme described in the Informati_on, of which the Government is aware at this time. In addition,

the parties agree that the U.S. Sentencing Guidelines Total Offense Level analysis agreed to by

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the parties herein is the result of negotiation and led, in part, to the guilty plea. The parties further

agree that the United States will request a sentence within the U.S. Sentencing Guidelines range

(combination of Total Offense Level and Criminal History Category) ultimately determined by 1he

Court pursuant to any chapter of the Guidelines and Title 18, United States Code, Section3553(a).

The parties further agree that Defendant may request a sentence above or below the U.S.

Sentencing Guidelines range
I
(combination of Total OffenseLevel and Criminal History Category)

ultimately determined by the Court pursuant to any chapter of the Guidelines, Title 18, United

States Code, Section 3553, ot any other provision or rule oflaw not addressed herein.
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3. ELEMENTS:

As to Cotint 1, the defendant admits to knowingly violating Title 18, United States Code,

Section 1343, and admits there is a factual basis for the plea and further fully understands that 1he

elements of the crime are:

One, the defendant voluntarily and intentionally devised or participated in the scheme
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described in the Information to obtain money by means of material false representations or

promises;

Two, the defendant did so with intent to defraud; and
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Three, the defendant caused to be used an interstate wire communication, in that he

submitted an electronic Missouri State Assistance for Housing Relief Program application on May

21, 2021, in furtherance of, or in an attempt to carry out, some essential step in the scheme.
-:),

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4. FACTS:

The parties agree that the facts in this case are as follows and that the Government would

prove these facts beyond a reasonable doubt if the case were to go to trial. These facts may be
'
considered as relevant conduct pursuant to Section 1Bl ·.3:

The Consolidated Appropriations Act of 2021 authorized federal "Emergency Rental

Assistance" dollars from the United States Department of Treasury to be provided to states to
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administer for the benefit of households impacted by the COVID-19 pandemic. The Missouri

Housing Development Commission ("MHDC") administered and distributed the federal

Emergency Rental Assistance dollars for the State of Missouri under the Missouri State Assistance

for Housing Relief Program ("SAFHR"). SAFHR provided rental assistance for households

impacted by COVID-19. Under SAFHR, landlords could apply to the MHDC on behalf of eligible

tenants for rental assistance to be paid directly to the landlord. Rental assistance under SAFHR

included up to twelve months of rent arrears and up to three months of forward rent.

The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a federal law

enacted in or around March 2020 to provide emergency financial assistance to the millions of
~

Americans suffering the economic impact causeq by the COVID-19 pandemic. Among other

things, the CARES Act made "COVID-19 Emergency Solutions Grants" available to states for

emergency rental arrears assistance. The MHDC administered and distributed COVID-19

Emergency Solutions Grants for the State of Missouri under the Missouri Emergency Rental

Arrears.Program ("ERAP"). Much like SAFHR, ERAP provided financial support for landlords
\

and renters who were struggling due to the COVID-19 emergency in the State of Missouri. The

program reimbursed eligible landlords for past due rent payments caused by the COVID-19

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pandemic. To receive ERAP assistance, landlords had to complete and submit_applications to ~e

MHDC in collaboration with their tenant. If approved, the MHDC provided eligible landlords with

up to six months of rental arrears.

( To obtain rental assistance under SAFHR and ERAP, a qualifying landlord was required

to submit an electronic application to the MHDC. For SAFHR and ERAP applications, a landlord
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had to submit contact information for the landlord and the tenant, including a copy ofthe landlord's
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W-9 and a copy of the tenant's photo identification. Under both programs, the landlord was also

required to submit a copy of the l~ase agreement along with the landlord's banking information.

1 In exchange for the MHDC' s rental assistance under both pro grams, landlords were also required

to agree not to evict the tenant for a certain amount of time. To complete an application for rental

assistance under SAFHR and ERAP, landlords were also required to certify that their statements

. to the MHDC were true and correct to the best of their knowledge.

Beginning by at least January 15, 2021, and continuing through at least October 18, 2021,

in the'Eastem District of Missouri, and elsewhere, the defendant, SEMAJ PORTIS, with the intent

to defraud, devised a scheme and artifice to defraud the MHDC and to obtain money and property

from the MHDC by means of material false and fraudulent pretenses, representations, and
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promises, as described further herein. During her scheme, Defendant defrauded the MHDC out of
' '

$267,238.00 by the means described below.

On January 15, 2021, Defendant registered Forever Riding as a nonprofit corporation with

the Missouri Secretary of State's Office. Defendant listed herself on Forever Riding's Articles of

Incorporation as th~ registered agent and incorporatori After incorporating Forever Riding,
I

Defendant submitted a total of 52 fraudulent applications for rental assistance to the MHDC

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between on or about January 15, 2021, until at least on or about July 6, 2021. Of the 52 fraudulent

applications submitted by Defendant to the MHDC, Defendant submitted 3 7 fraudulent SAFHR

applications and 15 fraudulent ERAP applications. For each of the fraudulent applications that

Defendant submitted to the MHDC, Defendant listed the landlord as either herself or hernonprofit,

Forever Riding. But, in truth and fact, as Defendant well knew, neither Defendant nor Forever
I

Riding served as the landlord for any of the tenants listed in the 52 Jrauqulent applications

submitted to the MHDC.

Defendant also submitted fraudulent lease agreements to the MHDC in support of each of

the fraudulent applications for rental assistance that she submitted to the MHDC. In each of the

fraudulent lease agreements, Defendant listed either herself or her nonprofit, Forever Riding, as

the landlord. But, in truth and fact, as Defendant well knew, neither Defendant nor Forever Riding

served as the landlord for any of the tenants listed in the fraudulent lease agreements.

Defendant electronically submitted each of the 52 fraudulent applications for rental

assistance to the MHDC. After Defendant electronically submitted the fraudulent applications for

rental assistance, those applications traveled through an out-of-state server before arriv.ing at the

MHDC for processing. Based on the material misrepresentations that Defendant made in her
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fraudulent applications for rental assistance, the MHDC wired a total of $267,238.00 to

Defendant's bank accounts. Defendant spent the proceeds on personal expenses, including on

vacations and purchases of property within the Eastern District of Missouri.
C

On May 21, 2021, within the Eastern District of Missouri, for the purpose of executing the

above-described scheme a_nd artifice to defraud and obtain money and property by means of false

and fraudulent pretenses, representations and promises and for the purpose of executing the same,

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Defendant did knowingly transmit by means of wire c'ommunication in and affecting interstate

commerce, an electronic SAFHR application (#2946) for rental assistance, that she submitted to
I

the Iv!HDC through an out-of-state server from the Eastern District of Missouri.
}

5. STATUTORYPENALTIES:

The defendant fully understands that the maximum possible penalty provided by law for

the crime to which the defendant is pleading guilty is imprisonment of not more than 20 years, a

fine of not more than $250,000, or both such imprisonment and fine: The Court may also impose

a period of supervised release of not more than 3 years.
\
6. U.S. SENTENCING GUIDELINES: 2018 MANUAL:

The defendant understands that this offense is affected by the U.S. Sentencing Guidelines

and the actual sentencing range is determined by both the Total Offense Level and the Criminal

History Category. The parties agree that the following are the applicable U.S. Sentencing

Guidelines Total Offense Level provisions.

a. Chapter 2 Offense Conduct:

(1) Base Offense Level: As to Count 1, the parties agree that the base offense level is 7,

as found in Section 2Bl.l(a)(l) ..

(2) Spe~ific Offense Characteristici: The parties agree that the following Specific

Offense Characteristics apply as to Count 1:

The parties agree that 12 levels should be added pursuant to Section 2Bl.l(b)(l)(G)

because the loss exceeds $250,000, but does not exceed $550,000.

b. Chapter 3 Adjustments:

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(1) Acceptance of Responsibility: The parties agree that three levels should be

deducted pursuant to Section 3El.1 (a) and (b ), because the defendant has clearly demonstrated

acceptance of responsibility: The p,arties agree that the defendant's eligibility for this deduction is

based upon information presently known. If subsequent to the taking of the' guilty plea the

Government receives new evidence of statements or conduct by the defendant which it believes

are inconsistent with defendant's eligibility for this, deduction, the Government may present said

evidence to the court, and argue that the defendant should not receive all or part of the deduction
I -

pursuant to Section 3El .1, without violating the plea agreement.

(2) Other Adjustments: 1 The parties have no further agreement regarding any other

adjustqients.
_,

c. Estimated Total Offense Level: The parties estimate that the Total Offense Level is

16.
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d. Criminal History: The determination of the defendant's Criminal History Category
I

shall be left to the Court. Either party may challenge, before and at sentencing, the finding of the

Presentence Report as to tlie defendant's criminal history and the ~pplicable category. The

defendant's criminal history is known to the defendant and is substantially available in the Pretrial

Services Report.

e. Effect of Parties' U.S. Sentencing Guidelines Analysis: The parties agree that the

Court is not bound by the Guidelines analysis agreed to herein. The parties may not have foreseen

all applicable Guidelines. The Court may, in its discretion, apply or not apply any Guideline despite

the agreement herein and the parties shall not be permitted to withdraw from the plea agreement

The Government recognizes it is bound by the specific agreements made above but reserves the

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right to answer any questions the U.S. Probation Office or the Court might have related to

sentencing or present evidence at the Court's request.

7. WAIVER OF APPEAL AND POST-CONVICTION RIGHTS:

a. Appeal: The defendant has been fully apprised by de,fense counsel of the defendant's

rights concerning app~al and fully understands the right to appeal the sentence under Title 18,

United States Code, Section 3742.

(1) Non-Sentencing Issues,: The parties waive all rights to appeal all non-

jurisdictional, non-sentencing issues, including, but not limited to, any issues relating to pretrial

motions, discovery, the guilty plea, the constitutionality of the statute(s) to which defendant is

pleading guilty and whether deferidant's conduct falls within the ~cope of the statute(s).

(2) Sentencing Issues: In the event the Court accepts the plea, accepts the U.S.

Sentencing Guidelines Total Offense Level agreed to herein, and, after determining the applicable

Sentencing Guidelines range, sentences the defendant within or below that range, then, as part of

this agreement, the defendant hereby waives all rights to appeal all sentencing issues other than

Criminal History, but only if it affects the Base Offense Level or Criminal History Category.

Similarly, the Government hereby waives all rights to appeal all sentencing issues other than

Criminal History, provided the Court accepts the plea, the agreed Total Offense Level and

sentences the defendant within or above that range.

b. Habeas Corpus: The defendant agrees to waive all rights to contest the conviction or

sentence in any post-conviction proceeding, including one pursuant to Title 28, United States

Code, Section 2255, except for claims of prosecutorial misconduct or ineffective assistance of

counsel.

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c. Right to Records: The defendant waives all rights, whether asserted directly or by a

representative, to request from any department or agency of the United States any records
(

pertaining to the investigation or prosecution of this case, including any records that may be sought

under the Freedom of Information Act, Title 5, United States Code, Section 522, or the Privacy

Act, Title 15, United States Code, Section 552(a).

8. OTHER:

a. Disclosures Required by the United States Probation Office: The defendant agrees

to truthfully complete and sign forms as required by the United States Probation Office prior to
'
sentencing and consents to the release of these forms and any supporting documentation by the

United States Probation Office to the Government.
' '
b. Civil or Administrative Actions 'not Barred; Effect on Other Governmental

Agencies: Nothing contained ~ere in limits the rights and authority of the United States to take

any civil, tax, immigration/deportation or administrative action against the defendant.

c. Supervised Release: Pursuant to any supervised release term, the Court will impose

standard conditions upon the defendant and may impose special conditions related to the crime

defendant committed. These conditions will be restrictions on the defendant to which the

defendant will be required to adhere. Violation of the conditions of supervised release resulting

~n revocation may require the defendant to serve a term of impris.onment equal to the length of 1he

term of supervised release, but riot greater than the term set forth in Title 18, United States Code,

Section 3 5 83 (e)(3 ), without credit for the time served after release. The defendant understands

that parole has been abolished.

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d. Mandatory Special Assessment: Pursuant to Title 18, United States Code, Section

3013, the'Court is required to impose a mandatory. special assessment of $100 per count for a total

of $100, which the defendant agrees to pay at the time of sentencing. Money paid by the defendant

toward any restitution or fine imposed by the Court shall be first used to pay any unpaid mandatory

special assessment.

e. Possibility of Detention: The defendant may be subject to immediate detention

pursuant to the provisions of Title 18, United States Code, Section 3143.

f. Fines, Restitution and Costs of Incarceration and Supervision: The Court may

impose a fine,
)
restitution (in addition to any penalty authorized by law), costs of incarceration and

\ costs of supervision. The defendant agrees that any fine or restitution imposed by the-Court will

be due and payable immediately. Pursuant to Title 18, United States Code, Section 3663A, an

order of restitution is mandatory for all crimes listed in Section 3 663A(c). Regardless of the Count-

of conviction, the amopnt of mandatory restitution imposed shall include all amounts allowed by

Section 3663A(b) and the amount of loss agreed to by the parties, includii;ig all relevant conduct

loss. The defendant agrees to provide full restitution to all victims of all charges in the information.

9. ACKNOWLEDGMENT AND WAIVER OF THE DEFENDANT'S RIGHTS:

-, In pleading guilty, the defendant acknowledges, fully understands and hereby waives her

rights, including but not limited to: the right to plead not guilty to the charges; the right to be tried
i

by a jury in a public and speedy trial; the right, to file pretrial motions, including motions to

suppress or exclude evidence; the right at such trial to a presumption of innocence; the right to

require the Government to prove the elements of the offenses against the defendant beyond a

reasonable doubt; the right not to testify; the right not to present any evidence; the right to be

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protected from compelled self-incrimination; the right at trial to confront and cross-examine

adverse witnesses; the right to testify and present evidence and the right to fOmpel the attendance

of witnesses. The defendant further understands that by this guilty plea, the defendant expressly

waives all the rights set forth in this paragraph.

The defendant fully understands that the defendant has the right to be represented by
'
counsel, and if necessary, to have the Court appoint counsel at trial and at every other stage of the

proceeding. The defendant's counsel has explained these rights ana" the consequences of the J

waiver of these rights. The defendant fully understands that, as a result of the guilty plea, no trial
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will, in fact, occur and that the only action remaining to be taken in this case is the imposition of

the sentence.

The defendant is fully satisfied with the representation received from defense counsel. The

defendant has reviewed the Government's evidence and discussed the Government's case and all

possible defenses and defense witnesses with defense counsel. Defense counsel has completely

and· satisfactorily explored all areas which the defendant has requ~sted relative to the

Government's case and any defenses.

The guilty plea could impact defendant's immigration status or result in deportation. In

particular, if any crime to which defendant is pleading guilty is an "aggravated felony" .as defmed

by Title 8, United States Code, Section 1101(a)(43), removal or deportation is presumed

mandatory. Defense counsel has advised the defendant of the possible immigration cons~quen~s,

including deportation, resulting from the plea.

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10. VOLUNTARY NATURE OF THE GUILTY PLEA AND PLEA AGREEMENT:

This document constitutes the entire agreement between the defendant and the

Government, and no other promises or inducements have been made, directly or indirectly, by any

agent of the Government, including any Department of Justice attorney, concerning any plea to be
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entered in this case. In addition, the defendant states that no person has, directly or indirectly,

threatened or coerced the defendant to do or refrain from doing anything in connection with any

aspect of this case, lncluding entering a plea of guilty.

The defendant acknowledges having voluntarily entered into both the plea agreement and

the guilty plea. The defendant further acknowledges t,hatthis guilty plea is made of the defendant's

own free will and thit the defendant is, in fact, guilty.·

11. CONSEQUENCES OF POST-PLEA MISCONDUCT:
(

After pleading guilty and before sentencing, if defendant commits any crime, other than

minor traffic offenses, violates any condition ofrelease that results in revocation, violates any term

of this guilty plea. agreement, intentionally provides, misleading, incomplete or untruthful

information to the U.S. Probation Office or fails to app_ear for sentencing, the United States, at its \

option, ~ay be released from its obligations under this agreement. The Government may also, in

its discretion, proceed with this agreement and may advocate for any sentencingposition supported

by the facts, including but not limited to obstruction of justice and denial of acceptance of

responsibility.

12. NO RIGHT TO WITHDRAW GUILTY PLEA:
I

Pursuant to Rule l l(c) and (d), Federal Rules of Criminal Procedure, the defendant

understands that there will be no right to withdraw the plea entered under this agreement, except

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where the Court rejects those portions of the plea agreement which deal with charges the

Government agrees to dismiss or not to bring.

~-2~- l.o-C.1
Date
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DKJ.WlSEMAN
Assistant United States Attorney

Date

Date
Attorney for Defendant

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