Statement by Defendant in Advance of Plea of Guilty, U.S. v. Patricia Ann Gilroy, No. 22-cr-00063, Dkt. 24 (D. Colo.)

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In this Statement by Defendant in Advance of Plea of Guilty, filed 03/31/22 as Document 24 in United States v. Patricia Ann Gilroy, Criminal Case No. 22-cr-00063-DDD in the District of Colorado, the defendant states that she wishes to plead guilty to Count One, wire fraud under 18 U.S.C. § 1343. The statement lists possible penalties of imprisonment of not more than 20 years, a fine of not more than $250,000.00, restitution of not more than $907,427.69 and forfeiture. It acknowledges the trial rights being waived, an appellate waiver in the plea agreement, and that the facts summarized in the Plea Agreement and Plea Agreement Supplement are true and correct. The signature block names defense attorney Peter D. Aiken.

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ocument 24 Filed 03/31/22 USDC Colorado Page 1 of 9

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Case No. 22-cr-00063-DDD

UNITED STATES OF AMERICA,

Plaintiff,

1. PATRICIA ANN GILROY,

Defendant.

STATEMENT BY DEFENDANT IN ADVANCE OF PLEA OF GUILTY

| acknowledge and certify that | have been advised of and understand the |
following facts and rights, that all representations contained in this document are true |
and correct, and that my attorney has assisted me as | have reviewed and completed

this document.

1. The nature of the charge against me has been explained to me by my
attorney. | have had an opportunity to discuss with my attorney both the nature of the

charge and the elements which the government is required to prove.

2. | know that when the Court sentences me, the Court will consider many
factors. These factors are listed in 18 U.S.C. § 3553 and include (a) the nature and
circumstances of the offense and my personal history and characteristics, (b) the need
for a sentence to reflect the seriousness of the offense, promote respect for the law,

provide just punishment, afford deterrence, protect the public, and provide me with

Court’s Exhibit
2
ocument 24 Filed 03/31/22 USDC Colorado Page 2 of 9

needed training, care or correctional treatment in the most effective manner, (c) the
kinds of sentences available to the court, (d) the advisory sentencing guidelines
established by the U.S. Sentencing Commission, (e) the pertinent policy statement of
the U.S. Sentencing Commission, (f) the need to avoid unwarranted sentence disparity
among defendants with similar records who have been found guilty of similar conduct,
and (g) the need to provide restitution. No single factor is controlling or determinative. |
recognize that it is possible that the Court could, after considering these factors, impose
any sentence in my case, including one which is as severe as the maximum term of
imprisonment, the maximum fine, full restitution, the maximum term of supervised

release and a special assessment, all as set out in paragraph 3 below.

3. | know that the following penalties may be imposed as a result of my guilty
plea as to Count 1 of the information, charging a violation of 18 U.S.C. § 1343
(Wire Fraud) as well as my admission to the forfeiture allegation as set forth in

the information:
a. Imprisonment of a term not more than 20 years;

b. A term of supervised release of not more than 3 years, pursuant to 18 U.S.C. §

3583:

c. A fine of not more than $250,000.00 pursuant to the statute that | admit | violated
and/or the alternative fine schedule set out at 18 U.S.C. §3571:

d. Restitution to the victim(s) of my crime(s) of not more than $ 907,427.69, pursuant
to U.S.C. §§ 3663, 3663A, and 3664:

e. Aspecial assessment of $100.00, pursuant to 18 U.S.C. § 3013.

f. Forfeiture of assets and potential forfeiture judgement not more than, $ 907,427.69.
ase 1:22-cr-O0063-DDD Document 24 Filed 03/31/22 USDC Colorado Page 3 of 9

4. | know that in addition to any punishment that the court may impose, there
are collateral consequences to pleading guilty to a crime. These consequences are
neither imposed nor controlled by the Court. For example, pleading guilty may result in
a loss of civil rights, including but not limited to the rights to possess firearms, vote, hold
elected office, and sit on a jury. And, if | am not a citizen of the United States, these
consequences may include deportation from the United States or indefinite confinement
if there is no country to which | may be deported, denial of the right to enter the United

States in the future, and denial of citizenship. |! am however a United States Citizen.

5. | know that if | am given a term of supervised release as part of my
sentence, that supervised release will only begin to run upon my release from custody
on all terms of imprisonment imposed by this and any other courts. | understand that
any violation of the conditions of that-supervised release during its term may lead to an

additional prison sentence and additional supervised release being imposed.

6. | know that there is no parole in the Federal system and that | will be
required to serve the entire sentence of imprisonment which may be imposed in my
case, reduced only by such good time and/or program allowances as may be set by

Congress and applied by the Bureau of Prisons.

7, | know that if a fine or restitution is imposed as a part of my sentence, | will
be required to pay interest on any amount in excess of $2,500.00, unless the fine or
restitution is paid in full before the fifteenth day after the date of the judgement or unless

interest is waived by the Court.
ase 1:22-cr-OQ0063-DDD Document 24 Filed 03/31/22 USDC Colorado Page 4 of 9

8. | know that if a fine or restitution is imposed as a part of my sentence, | will
be required to pay in a timely manner. Failure to do so may trigger monetary penalties,
collection efforts by the government, potential revocation of any probation or supervised

release, and/or exposure to prosecution for “Criminal Default” under 18 U.S.C. § 3615.

9. | know that | can be represented by an attorney at every stage of the
proceedings in this matter, and | know that, if | cannot afford an attorney, one will be

appointed to represent me at no cost or expense to me.

10. 1 know that | have a right to plead “not guilty’, and | know that if | do plead

“not guilty”, | can persist in that plea and demand a trial.

11. [| know that | have a right and can demand a trial by jury, and | know that if

| choose to stand trial;

a. | have a right to the assistance of an attorney at every stage of the
proceeding;

b. | have a right to see and observe the witnesses who testify against me;

C. My attorney can cross-examine all witnesses who testify against me;

d. | can call and present such relevant witnesses and evidence as | desire,

and can obtain subpoenas to require the attendance and testimony of those witnesses;

e. If | cannot afford to pay witness fees and expenses, the government will

pay those fees and expenses, including reasonable fees charged by expert witnesses;

f. | cannot be forced to incriminate myself and | do not have to testify at any

trial;
ase 1:77-cr-O0063-DDD Document 24 Filed O USDC Colorado Page 5 of 9

g. However, | can testify at my trial if | choose to, and | do not have to decide

whether or not to testify until after | have heard the government's evidence against me;

h. if | decide that !| do not want to testify at trial, the jury will be told that no

guilt or inference adverse to me may be drawn from my decision not to testify;

i. In order for me to be convicted, the government must prove each and

every element of the offense with which | am charged, beyond a reasonable doubt:

j. In order for me to be convicted, the jury must reach a unanimous verdict of

guilty, meaning all jurors must agree that | am guilty; and

k, If | were to be convicted, | could appeal both my conviction and whatever
sentence the Court later imposed, and if | could not afford an appeal, the government

would pay the cost of the appeal, including the cost of an appointed attorney.
12. 1 know that if | plead guilty, there will not be a trial of any kind.

13. | know that if | plead guilty, there will be no appellate review of the

question of whether or not | am guilty of the offense to which | have pled guilty.

14. | know that the terms of my plea agreement with the government contain
an appellant waiver. Because of this, | know that | cannot seek appellant review of (1)
the sentence imposed by the Court in this case; (2) the denial of any motion filed under

18 U.S.C. 3582 (c) (1)(A): or (3) any sentence imposed below or within the Guideline

_ fange upon revocation of supervised release, except in the limited circumstances, if

any, permitted by my plea agreement.
6 Case T22-cr-Q0063-DDD Document 24 Filed 03/31/22 USDC Colorado Page 6 of 9

15. No agreements have been reached and no representations have been
made to me as to what the sentence in this case will be, except those which are
explicitly detailed in the document entitled “Plea Agreement” and “Plea Agreement
Supplement’ which | and the government have signed. | further understand that any
sentencing agreements and stipulations in the document entitled “Plea Agreement” and
“Plea Agreement Supplement”, are binding on the Court only if the Court Agrees to be

so bound when it accepts my guilty plea.

16. The only plea agreement that has been entered into with the government

is that which is set out in the document entitled “Plea Agreement” and “Plea Agreement
Supplement”, which have been signed by the government and me and which |

incorporate herein by reference.

17. | understand that the Court will make no decision as to what my sentence
will be until a Presentence Report has been prepared by the Probation Department and

received and reviewed by the Court.

18. | know that when | enter my plea of guilty, the Court may ask me
questions under oath about the offense to which | have pled guilty. Such questions, if
asked of me on the record and in the presence of my attorney, must be answered by

me, and if | give false answers, | can be prosecuted for perjury.

19. | know that | have the right to ask the Court any questions that | have

concerning my rights, these proceedings, and my plea to the charge.

20. Jam 58 years of age. My education consists of Associates Degree. |

understand the English Language. | am not taking any medications which interfere with
ase 1:22-Cr-U0U63-DDD Document 24 Filed O USDC Colorado Page 7 of 9

my ability to understand the proceedings in this matter or which impact of affect my

ability to choose whether to plead guilty.

21. Other than the promises of the government set out in the document
entitled ‘Plea Agreement”, and “Plea Agreement Supplement”, no promises and no
threats of any sort have been made to me by anyone to induce me or persuade me to

enter my plea in this case.

22. Noone has promised me that | will receive probation, home confinement

or any other specific sentence desired by me because of my plea of guilty.

23. | have had sufficient opportunity to discuss this case and my intended plea
of guilty with my attorney. | do not wish to consult with my attorney any further before |

enter my plea of guilty.

24. lam satisfied with my attorney. | believe that | have been represented

effectively and competently in this case.

25. My decision to enter the plea of guilty is made after full and careful
thought, with the advice of my attorney, and with full understanding of my rights, the
facts and circumstances of the case, and potential consequences of my plea of guilty. |
was not under the influence of any drugs, medication, or intoxicants which affect my
decision-making ability when | made the decision to enter my guilty plea. | am not now

under the influence of any such drugs, medication or intoxicants.

26. __| want to plead guilty and have no mental reservations about my decision.
ocument 24 Filed 03/31/22 USDC Colorado Page 8 of 9

27. _Insofaras it shows my conduct, the summary of the facts set out in the

document entitled “Plea Agreement’ and “supplemental Plea Agreement, is tue and

correct.

28. | know that! am free to change or delete anything contained in these

documents and that | am free to list my objections and my disagreements with anything

contained in the documententitied “Plea Agreement’ and “Piea agreement

Supplement’. | accept both documents as they are currently drafted.
29. 1 wish to plead guilty to the following charge:

COUNT ONE WIRE FRAUD 18 U.S.C. § 1343

_ Dated this A day of Lletiths 2022

Pafricia Ann Gilroy 7
Defendant
ase 1:22-cr-OOQ063-DDD Document 24 led O USD olorado Page Yory

| certify that | have discussed this statement and document entitled “Plea Agreement”
and “Plea Agreement Supplement”, with the defendant. | certify that | have fully
explained the defendant's right to her and have assisted her in completing this form. |
believe that the defendant understands her rights and these statements.

Dated this Uf day of _/77 Act £. 2022

cy

BY: Peter D. Aiken, Esquire

Aiken and O’Halloran

1188 N. Tamiami Trail Suite 205-A

Sarasota, Florida 34236

Telephone: (941) 366-3506

E-mail: peterdaiken@gmail.com

Attorney for {Patricia Ann Gilroy, defendant)


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