Statement by Defendant in Advance of Plea of Guilty — United States v. Jon M. Hallford, No. 24-cr-00113-NYW-1 (Dkt. 53, D. Colo.)

Summary

In this Statement by Defendant in Advance of Plea of Guilty, filed 10/24/24 in the District of Colorado, Jon M. Hallford certifies understanding the rights given up by pleading guilty to Count 11 of the Indictment, Conspiracy to Commit Wire Fraud in violation of Title 18, U.S.C., § 1349. It lists the possible penalties: imprisonment for not more than 20 years, supervised release of not more than 3 years, a fine of not more than $250,000.00, restitution of not less than $1,012,300.00, and a special assessment of $100.00. Hallford acknowledges that the plea agreement contains an appellate waiver and that its sentencing stipulations bind the Court only under Rule 11(c)(1)(C) and only if the Court agrees when it accepts the plea. The statement is signed by Hallford and by defense attorney Laura H. Suelau.

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Case No. 1:24-cr-00113-NYW Document 53 _ filed 10/24/24 USDC Colorado pgtl
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Action No. 24-cr-00113-NYW-1
UNITED STATES OF AMERICA,

1. JON M. HALLFORD,

Defendant.

STATEMENT BY DEFENDANT IN ADVANCE OF PLEA OF GUILTY

T acknowledge and certify that I 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 I have reviewed and completed this document.

1. The nature of the charge(s) against me has/have been explained to me by my
attorney. I have had an opportunity to discuss with my attorney both the nature of the charge(s}
and the elements which the government is required to prove.

2. I 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 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 statements 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

COURT EXHIBIT
2.
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provide restitution. No single factor is controlling or determinative. I 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 (if
applicable), the maximum term of supervised release, and a special assessment, all as set out in
paragraph 3 below.

3. I know that the following penalties may be imposed as a result of my guilty plea(s) to

Count 11 of the Indictment charging Conspiracy to Commit Wire Fraud in violation of Title 18,

US.C., § 1349:

a. Imprisonment for a term of 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 I admit I

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 less than $1,012,300.00,
pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664;

e. A special assessment of $100.00, pursuant to 18 U.S.C. § 3013;

4, I know that if I am convicted of more than one count, the sentences imposed may
be either concurrent (served at the same time) or consecutive (served separately or back-to-back)
unless the statutory penalty for an offense of conviction expressly requires that a sentence be
imposed to run consecutively.

5. I 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 I am

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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 I may be deported, denial of the
right to enter the United States in the future, and denial of citizenship.

6. I know that if I am given a term of supervised release as a 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. I 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.

7. I know that there is no parole in the federal system and that I will be required to
setve 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.

8. I know that if a fine or restitution is imposed as a part of my sentence, I will be
required to pay interest on any amount in excess of $2,500, unless the fine or restitution is paid in
full before the fifteenth day after the date of the judgment or unless interest is waived by the Court.

9. I know that if a fine or restitution is imposed as a part of my sentence, I will be
required to pay it 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.

10. I know that I can be represented by an attorney at every stage of the proceedings in
this matter, and I know that, if I cannot afford an attorney, one will be appointed to represent me at
no cost or expense to me.

11. I know that I have a right to plead “not guilty;” and I know that if I do plead “not
guilty,” I can persist in that plea and demand a trial.

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Case No. 1:24-cr-00113-NYW Document 53 filed 10/24/24 USDC Colorado pg4

12.

choose to stand trial:

13.

14,

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I know that I have a right to and can demand a trial by jury, and I know that if I

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

I have a right to see and observe the witnesses who testify against me;
My attorney can cross-examine all witnesses who testify against me;

I can call and present such relevant witnesses and evidence as I desire, and I
can obtain subpoenas to require the attendance and testimony of those
witnesses;

If I cannot afford to pay witness fees and expenses, the government will pay
those fees and expenses, including mileage and travel expenses, and including
reasonable fees charged by expert witnesses;

I cannot be forced to incriminate myself and I do not have to testify at any
trial;

However, I can testify at my trial if I choose to, and I do not have to decide
whether or not to testify until after I have heard the government’s evidence
against me;

If I decide that I 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
tesufy;

In order for me to be convicted, the government must prove each and every
element of the offense(s) with which I am charged, beyond a reasonable
doubt;

In order for me to be convicted, the jury must reach a unanimous verdict of
guilty, meaning all jurors must agree that I am guilty; and

If I were to be convicted, I could appeal both my conviction and whatever
sentence the Court later imposed, and if I could not afford an appeal, the
government would pay the cost of the appeal, including the cost of an
appointed attorney.

I know that if I plead guilty, there will not be a trial of any kind.

I know that if I plead guilty, there will be no appellate review of the question of

whether or not I am guilty of the offense(s) to which I have pled guilty.

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15, I know that the terms of my plea agreernent with the government contain an
appellate waiver. Because of this, 1 know that I cannot seek appellate 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 range upon revocation of supervised
release, except in the limited circumstances, if any, permitted by my plea agreement.

16. 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” which I and the government have signed. I further understand that any
sentencing agreements and stipulations in the document entitled “Plea Agreement” are binding on
the Court only if the parties ask the Court in that document to be so bound pursuant to Rule
11(c)(1)(C) and only if the Court agrees to be so bound when it accepts my guilty plea(s).

17. The only plea agreement which has been entered into with the government is that
which is set out in the document entitled “Plea Agreement” which has been signed by the
government and me and which I incorporate herein by reference.

18. I 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.

19, I know that when I enter my plea(s) of guilty, the Court may ask me questions under
oath about the offense(s) to which I am pleading guilty. Such questions, if asked of me on the
record and in the presence of my attorney, must be answered by me, and if I give false answers, I
can be prosecuted for perjury.

20. I know that I have the right to ask the Court any questions that I have concerning

my rights, these proceedings, and my plea(s) to the charge(s).
Case No. 1:24-cr-00113-NYW Document 53 _ filed 10/24/24 USDC Colorado pg6
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21. lam 4 ‘ \ years of age. My education consists of ColWeae Hearne €

I can understand the English language. I am not taking any medications which interfere with my
ability to understand the proceedings in this matter or which impact or affect my ability to choose
whether to plead guilty.

22. Other than the promises of the government set out in the document entitled “Plea
Agreement,” no promises and no threats of any sort have been made to me by anyone to induce me
or to persuade me to enter my plea(s) in this case.

23. No one has promised me that I will receive probation, home confinement or any
other specific sentence desired by me because of my plea(s) of guilty.

24. — [have had sufficient opportunity to discuss this case and my intended plea(s) of
guilty with my attorney. I do not wish to consult with my attorney any further before I enter my
plea(s) of guilty.

25, I am satisfied with my attorney. I believe that I have been represented effectively
and competently in this case.

26. My decision to enter the plea(s) 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 the potential consequences of my plea(s) of guilty. I was not under the influence of
any drugs, medication, or intoxicants which affect my decision-making ability when I made the
decision to enter my guilty plea(s). I am not now under the influence of any such drugs, medication
or intoxicants.

27. I want to plead guilty and have no mental reservations about my decision.

28. Insofar as it shows my conduct, the summary of facts set out in the document

entitled “Plea Agreement” is true and correct, except as I have indicated in that document.
Case No. 1:24-cr-00113-NYW Document 53 _ filed 10/24/24 USDC Colorado pg/7
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29, I know that I am free to change or delete anything contained in this document and
that I am free to list my objections and my disagreements with anything contained in the document
entitled “Plea Agreement.” I accept both documents as they ate currently drafted.

30. I wish to plead guilty to the following charge(s): Count 11 of the Indictment charging

Conspiracy to Commit Wire Fraud in violation of Title 18, U.S.C., § 1349.

Dated this 2 q day of Ocraber , 2024.

JON M. LFORD
Defendant

I certify that I have discussed this statement and the document entitled “Plea Agreement”
with the defendant. I certify that I have fully explained the defendant’s rights to him and have
assisted him in completing this form. I believe that the defendant understands his rights and these
statements.

Dated this oA day of Coc’ LOWE Ft , 2024.

LAURA H. SUELAU
Attorney for Defendant

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