United States v. Donna Wasson — Plea Agreement Letter, District of Massachusetts (Document 30)

Summary

Plea agreement letter dated November 8, 2021 from the U.S. Attorney's Office for the District of Massachusetts to Paul J. Garrity, counsel in United States v. Donna Wasson, Criminal No. 1:21-cr-10167-FDS, Document 30. Wasson will plead guilty to counts One through Three of the Indictment (wire fraud, 18 U.S.C. § 1343), and the U.S. Attorney agrees to dismiss Count Four following the imposition of sentence. The agreed disposition includes incarceration for 18 months, 24 months of supervised release, a mandatory special assessment of $300 and restitution of $5,437. It also sets out forfeiture of $5,437, an appellate waiver and a statement of facts about PUA claims.

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“United States v. Donna Wasson — Plea Agreement Letter, District of Massachusetts (Document 30).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-united-states-v-wasson-dkt-30-d-mass-1a82a324a0/, SHA-256 bb6e04f2cae10eba912f295b1067c3859666d3eb56b2be35be87a6454c36723a.

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Case 1:21-cr-10167-FDS Document 30 Filed 11/08/21 Page 1 of 9

U.S. Department of Justice

Natha11iel R. Mendell
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

November 8, 2021

Paul J. Garrity
14 Londonderry Road
Londonderry, NH 03053
garritylaw@myfairpoint.net

Re: United States v. Donna Wasson
Criminal No. 1:21-cr-10167-FDS

Dear Mr. Garrity:

The United States Attorney for the District of Massachusetts ("the U.S. Attorney") and your
client, Donna Wasson ("Defendant"), agree as follows, pursuant to Federal Rule of Criminal
Procedure ("Rule") 1l(c)(l)(C):

1. Change of Plea

Defendant will plead guilty to counts One through Three of the Indictment: wire fraud, in
violation of 18 U.S.C. § 1343. Defendant admits that Defendant committed the crimes specified
in these counts and is in fact guilty of each one.

The U.S. Attorney agrees to dismiss Count Four of the Indictment following the imposition
of sentence at the sentencing hearing.

Defendant agrees to the accuracy of the attached statement of facts.

2. Penalties

Defendant faces the following maximum penalties: incarceration for 20 years; supervised
release for 3 years; a nne of :r;2so,ooo; a mandatory special assessment of $300 ($100 per count};
restitution; and forfeiture to the extent charged in the Indictment.

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

3. Rule 11 (c)(l )(C) Plea

In accordance with Rule ll(c)(l)(C), if the Court accepts this Plea Agreement, the Court
must include the agreed disposition in the judgment. If the Court rejects any part of this Plea
Agreement, the U.S. Attorney may void the agreement and/or Defendant may withdraw from it.
Defendant may not withdraw Defendant's plea for any other reason.

Should the U.S. Attorney void the agreement and/or Defendant moves to withdraw
Defendant's guilty plea, Defendant agrees to waive any defenses based upon statute of limitations,
the constitutional protection against pre-indictment delay, and the Speedy Trial Act for all charges
that could have been brought as of the date of this Plea Agreement.

4. Sentencing Guidelines

The parties agree, based on the following calculations, that Defendant's total "offense
level" under the Guidelines is 11:

a) Defendant's base offense level is 7, because the maximum term of
imprisonment is 20 years (USSG § 2Bl.l(a)(l));

b) Defendant's offense level is increased by 6, because the loss amount exceeded
$40,000 but did not exceed $95,000 (USSG § 2Bl .l(b)(l)(D)); and

c) Defendant's offense level is decreased by 2, because Defendant has accepted
responsibility for Defendant's crimes (USSG § 3El.1).

Defendant understands that the Court is not required to follow this calculation. Defendant
also understands that the government will object to any reduction in Defendant sentence based on
acceptance of responsibility, and may be released from the parties' agreed-upon disposition in
Paragraph 5 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(s) 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.

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.

5. Agreed Disposition

The parties agree on the following sentence:

a) incarceration for 18 months;

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b) a fine within the Guidelines sentencing range as calculated by the parties in
Paragraph 4, unless the Court finds that Defendant is not able, and is not likely
to become able, to pay a fine;

c) 24 months of supervised release;

d) a mandatory special assessment of $300, which Defendant must pay to the Clerk
of the Court by the date of sentencing;

e) restitution of $5,437; and

t) forfeiture as set forth in Paragraph 7.

6. Waiver of Appellate Rights and Challenges to Conviction or Sentence

Defendant has the right to challenge her 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 her 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.

The U.S. Attorney agrees not to appeal the imposition of the sentence agreed to by the
parties in paragraph 5.

Defendant understands that, by agreeing to the above, Defendant is agreeing that her
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 his mind or finds new infmmation that would have led Defendant not to
agree to give up these rights in the first place.

Defendant acknowledges that Defendant is agreeing to give up these rights in exchange for
concessions the U.S. Attorney is making in this Agreement.

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Case 1:21-cr-10167-FDS Document 30 Filed 11/08/21 Page 4 of 9

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 oflaw enforcement involved in the case engaged in misconduct serious enough to entitle
Defendant to have her conviction or sentence overturned.

7. 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 fo1feited specifically include, without limitation, the following:

a. $5,437 in United States currency, to be entered in the form of an Order of
Forfeiture (Money Judgment).
Defendant admits that these assets are subject to forfeiture on the grounds that they
constitute, or are derived from, proceeds of Defendant's offense.

Defendant also admits that $5,437 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 1l(b)(l)(J), 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.

Defendant agrees to assist fully in the forfeiture of the foregoing assets. Defendant agrees
to promptly take all steps necessary to pass clear title to the forfeited assets to the United States,
including but not limited to executing any and all documents necessary to transfer such title,
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assisting in bringing any assets located outside of the United States within the jurisdiction of the
United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture
are not sold, disbursed, wasted, hidden or otherwise made unavailable for forfeiture. Defendant
further agrees (a) not to assist any third party in asserting a claim to the forfeited assets in an
ancillary proceeding, and (b) to testify truthfully in any such proceeding.

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.

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.

8. Civil Liability

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

9. Breach of Plea Agreement

Defendant understands that if Defendant breaches any prov1s10n 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 his 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 she provided to the government during
investigation or prosecution of her 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
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Case 1:21-cr-10167-FDS Document 30 Filed 11/08/21 Page 6 of 9

before the date of this Agreement.

10. 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 autho1ities.

11. 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.

* * *

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 William F. Abely.

Sincerely,

NATHANIEL R. MENDELL
Acting United States Attorney

By:~
Ann aruti
Chief, Major Crimes Unit

William F. Ab@y
Assistant U.S. Attorney

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Case 1:21-cr-10167-FDS Document 30 Filed 11/08/21 Page 7 of 9

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 crimes I am pleading guilty to, and the maximum penalties for those
crimes. I have 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 charges against me, possible
defenses I might have, the terms of this Agreement and whether I should go to trial.

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

~✓ ft~/
Do asson
Defendant

Date:

T certify that Donna Wasson has read this Agreement and that we have discussed what it
means. I believe Donna Wasson 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.

Paul Garrity
Attorney for Defendant Donna Wasson

Date: n[ sJ ho~\

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Case 1:21-cr-10167-FDS Document 30 Filed 11/08/21 Page 8 of 9

Statement of Facts

1. At all relevant times, Defendant was a resident of the State of Texas and, as per the te1ms
of her state probation, remained within Texas.

2. Defendant was friends with Tiffany Pacheco. Up to September 2020, Pacheco was an
employee of the Massachusetts Department of Unemployment Assistance ("DUA").
Sometime after September 2020, Pacheco moved to Texas.

3. On or around December 15, 2020, a claim for Pandemic Unemployment Assistance
("PUA") benefits was filed with the DUA in the Defendant's name, and using her Social
Security number and other identifiers. Defendant was not entitled to Massachusetts PUA
benefits, as she did not live or work in Massachusetts, and because she was receiving PUA
benefits from the Texas Workforce Commission.

4. On December 17, 2020, Pacheco was arrested on federal fraud charges, and she remained
in custody after that point.

5. During recorded jail calls after Pacheco's arrest, she and the Defendant discussed the
Defendant's Massachusetts PUA claim, and Pacheco advised the Defendant to submit
additional information on this claim.

6. A recorded call maintained by DUA reveals that Defendant called DUA on January 13,
2021, identified herself, and inquired about the status of her PUA claim. During this caH,
Defendant claimed to live at an address in Massachusetts, although she had not in fact lived
at that address. Phone records show that this call was made from Defendant's cell phone.

7. DUA records reflect that, between January 7 and January 25, 2021, the Defendant's
Massachusetts PUA claim was accessed online on 23 occasions. This access occurred from
an IP address tied to Defendant's residence in San Antonio, Texas.

8. Defendant's Massachusetts PUA claim was denied, and she received no payments on this
claim.

9. Prior to her arrest in 2020, Pacheco had submitted and/or modified fraudulent PUA claims
submitted under certain victim identities, including under the identity of a male serving in
the U.S. Armed Forces ("Victim I") and a female residing in Massachusetts ("Victim 2").

10. During recorded jail calls, Pacheco instructed Defendant to access information on a Google
Drive account relating to Victim 1 and Victim 2. Pacheco also instructed Defendant to
access the PUA claims for Victim 1 and Victim 2, and to make changes associated with
these claims.

11. DUA records reflect that, between January 12 and January 25, 2021, the PUA claim in the
name of Victim 1 was accessed online on at least 27 occasions. This access occurred from
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Case 1:21-cr-10167-FDS Document 30 Filed 11/08/21 Page 9 of 9

the IP address tied to Defendant's residence.

12. DUA records reflect that, between January 12 and January 25, 2021, the PUA claim in the
name of Victim 2 was accessed online on at least 32 occasions. This access occurred from
the IP address tied to Defendant's residence. On or about January 15, 2021, this PUA claim
was accessed online and the web logon was changed to "KM Was son."

13. A recorded call maintained by DUA reveals that Defendant called DUA on or about
January 15, 2021 and identified herself as Victim 2. Defendant discussed obtaining back
pay for the weeks ending February 8, 2020 through April 25, 2020. Phone records show
that this call was made from Defendant's cell phone.

14. After her federal arrest in April 2021, Defendant spoke with agents and acknowledged
making changes to the PUA claims for Victim l and Victim 2.

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