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Statement by Defendant in Advance of Plea of Guilty, United States v. Mubarak Ukashat (February 6, 2025)

Summary

A Statement by Defendant in Advance of Plea of Guilty and Plea Agreement in United States of America v. Mubarak Sulaiman Ukashat, Case No. 2:23-cr-00111-HCN, in the U.S. District Court for the District of Utah, filed February 6, 2025 as Document 209. The defendant agrees to plead guilty to Count 1 of the Felony Information, failure to file currency and other monetary instruments reports, admitting to transporting at least $101,000 in currency out of the United States, including to Nigeria and Dubai, to evade reporting requirements. The stipulated sentence is a range of 12 to 36 months in prison, restitution of $392,827 including $333,900 to the Small Business Administration, and a forfeiture money judgment of $101,000. The government agrees to move to dismiss Counts 1-8 of the Indictment at sentencing.

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“Statement by Defendant in Advance of Plea of Guilty, United States v. Mubarak Ukashat (February 6, 2025).” Original at ecf.utd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/statement-in-advance-of-plea-usa-v-ukashat-dkt-209-fd77145db2/, SHA-256 80bef882dff63094c68a4d4e06e0506b1bdf217e90ff3da3d44cb1d613d22a8c.

Full text

Case 2:23-cr-00111-HCN                     Document 209      Filed 02/06/25   PageID.1217      Page 1 of 9




   TRINA A. HIGGINS, United States Attorney (#7349)
   TODD C. BOUTON, Assistant United States Attorney (#17800)
   MARK Y. HIRATA, Assistant United States Attorney (#5087)
   Attorneys for the United States of America
   Office of the United States Attorney
   111 South Main Street, Suite 1800
   Salt Lake City, Utah 84111-2176
   Telephone: (801) 524-5682
   Email: todd.bouton@usdoj.gov

                                      IN THE UNITED STATES DISTRICT COURT
                                                  DISTRICT OF UTAH

     UNITED STATES OF AMERICA,                                Case No. 2:23-cr-00111-HCN

            Plaintiff,                                        STATEMENT BY DEFENDANT IN
                                                              ADVANCE OF PLEA OF GUILTY
            vs.                                               AND PLEA AGREEMENT PURSUANT
                                                              TO FED. R. CRIM. P. 1l(c)(l)(C)
     MUBARAK SULAIMAN UKASHAT,

            Defendant.                                        Judge Howard C. Nielson, Jr.


           I hereby acknowledge and certify that I have been advised of and that I understand
   the following facts and rights, and that I have had the assistance of counsel in reviewing,
   explaining, and entering into this agreement:

           1.     As part of this agreement with the United States of America ("United
   States"), I intend to plead guilty to Count 1 of the Felony Information. My attorney has
   explained the nature of the charges against me, and I have had an opportunity to discuss
   the nature of the charges with my attorney. I understand the charges and what the United
   States is required to prove in order to convict me.

         The elements of Count 1, Failure to File Currency and Other Monetary Instruments
         Reports (31 U.S.C. § 5324(c)(l)), are:

         First:                       The defendant transported currency in an amount of more than
                                      $10,000 at one time, from a place in the United States to a place
                                      outside the United States;




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Case 2:23-cr-00111-HCN             Document 209        Filed 02/06/25      PageID.1218        Page 2 of 9




             Second:         The defendant failed to file a Currency and Monetary Instruments
                             Report, as required by 31 U.S. C. § 5316 and the accompanying
                             regulations; and

             Third:          The defendant did so for the purpose of evading the reporting
                             requirements of31 U.S.C. § 5316 and the accompanying regulations.

          2.      I know that the maximum possible penalty provided by law for Count 1 of
   the Felony Information, a violation of 31 U.S.C. § 5324(c)(l), is a term of imprisonment
   of ten (10) years, a fine of $500,000, a term of supervised release of three (3) years, and
   any applicable forfeiture. I understand that if I violate a term or condition of supervised
   release, I can be returned to prison for the length of time provided in 18 U.S.C. §
   3583(e)(3).

               a. Additionally, I know the Court is required to impose an assessment in the
   amount of $100 for each offense of conviction, pursuant to 18 U.S.C. § 3013. Furthermore,
   restitution to the victim ofmy offense may be ordered pursuant to 18 U.S.C. § 3663A.

             b. I understand that, if I am not a United States citizen, I may be removed from
   the United States, denied citizenship, and denied admission to the United States in the
   future.

           3.    I know that the sentencing procedures in this case and the ultimate sentence
   will be determined pursuant to 18 U.S.C. § 3553(a), and that the Court must consider, but
   is not bound by, the United States Sentencing Guidelines, in determining my sentence. I
   have discussed these procedures with my attorney. I also know that the final calculation of
   my sentence by the Court may differ from any calculation the United States, my attorney,
   or I may have made, and I will not be able to withdraw my plea if this occurs. However,
   because my plea of guilty is being entered pursuant to Rule 1 l(c)(l)(C), as explained
   below, I know that I will be able to withdraw my plea if the Court does not accept the terms
   of this agreement.

          4.     I know that I can be represented by an attorney at every stage of the
   proceeding, and I know that if I cannot afford an attorney, one will be appointed to
   represent me.

         5.     I know that I have a right to plead "Not Guilty" or maintain my earlier plea
   of "Not Guilty" and can have a trial on the charges against me.

             6.       I know that I have a right to a trial by jury, and I know that ifl stand trial by
   a Jury:

                  a. I have a right to the assistance of counsel at every stage of the proceeding.
                                                      2
Case 2:23-cr-00111-HCN           Document 209            Filed 02/06/25       PageID.1219   Page 3 of 9




                 b. I 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. I can call witnesses to testify at trial, and I can obtain subpoenas to require
   the attendance and testimony of those witnesses. lfl cannot afford to pay for the appearance
   of a witness and mileage fees, the United States will pay them.

                 e. I cannot be forced to incriminate myself, and I do not have to testify at any
   trial.

            f. If I do not want to testify, the jury will be told that no inference adverse to
   me may be drawn from my election not to testify.

             g. The United States must prove each and every element of the offense charged
   against me beyond a reasonable doubt.

                 h. It requires a unanimous verdict of a jury to convict me.

             i. If I were to be convicted, I could appeal, and if I could not afford to appeal,
   the United States would pay the costs of the appeal, including the services of appointed
   counsel.

            7.      If I plead guilty, I will not have a trial of any kind.

           8.     I know that 18 U.S.C. § 3742(c)(l) sets forth the circumstances under which
   I may appeal my sentence. However, fully understanding my right to appeal my sentence,
   and in consideration of the concessions and/or commitments made by the United States in
   this plea agreement, I knowingly, voluntarily, and expressly waive my right to appeal as
   set forth in paragraph 12 below.

         9.     I know that, under 18 U.S.C. § 3742(c)(2), the United States may only appeal
   my sentence if it is less than the sentence set forth in this agreement.

          10.    I know that under a plea of guilty the judge may ask me questions under oath
   about the offense. The questions, if asked on the record and in the presence of counsel,
   must be answered truthfully and, if I give false answers, I can be prosecuted for perjury.

   Ill
   Ill
   Ill

                                                     3
Case 2:23-cr-00111-HCN        Document 209        Filed 02/06/25     PageID.1220        Page 4 of 9




          11.    I stipulate and agree that the following facts accurately describe my conduct.
   These facts provide a basis for the Court to accept my guilty plea:

                 Count 1 - Failure to File Currency and Other Monetary Instruments
                           Reports

                  From on or about May 1, 2020, through December 31, 2020, in the
          District of Utah and elsewhere, I, Mubarak Sulaiman Ukashat, knowingly
          transported or caused to be transported at least $101,000 in United States
          currency in increments exceeding $10,000, from a place in the United States
          to a place outside the United States, including to Nigeria and Dubai.

                 In doing so, on multiple occasions, I transported to places outside of
          the United States more than $10,000 at one time for the purposes of evading
          the reporting requirements of 31 U.S.C. § 5316 (which I understood required
          anyone who transported more than $10,000 in United States currency to a
          place outside the United States to file a report with the United States
          Treasury), and I failed to file the required reports.

                 I admit that my conduct violated 31 U.S.C. § 5324(c)(l) and
          constituted the crime of structuring transactions to evade reporting
          requirements.

          12.    The only terms and conditions pertaining to this plea agreement between
   the United States and me are as follows:

             a. Guilty Plea. I will plead guilty to Count 1 of the Felony Information.

              b. Stipulated Sentence. Pursuant to Rule 1 l(c)(l)(C) of the Federal Rules of
   Criminal Procedure, the sentence imposed by the Court will be a range of 12 to 36 months
   in prison, restitution in the amount of $392,827, and forfeiture as set forth in paragraph
   12.h. herein. I agree this is a reasonable sentence.

                (1)    I understand that this agreement, including my plea, the agreed upon
   sentence, and all other terms referenced herein, are subject to the approval of, and
   acceptance by the Court. I further understand that the Court will likely order the preparation
   of a Presentence Report to assist in the determination of whether this plea and the
   agreement are appropriate, and I agree to fully cooperate in the preparation of the
   Presentence Report.

               (2)    If, after receiving all relevant information, the Court rejects the plea
   agreement and determines that a sentence different from the agreed upon sentence of 12 to

                                                 4
Case 2:23-cr-00111-HCN        Document 209        Filed 02/06/25     PageID.1221        Page 5 of 9




   36 months of prison, will be imposed, I will have the right to withdraw the plea of guilty
   and the terms of this agreement will become null and void. Likewise, if the Court rejects
   the plea agreement and determines that the sentence should be less than 12 months of
   imprisonment, I understand that the United States will have the right to move to vacate this
   agreement, and all terms of this agreement will become null and void.

             c. Dismissal of Counts. At the time of sentencing, the United States agrees to
   move for leave to dismiss Counts 1-8 of the Indictment. The United States also agrees not
   to seek indictment against me for any other specific offenses of which the United States
   Attorney's Office for the District of Utah is aware at this time.

              d. Relevant Conduct. I understand and agree that the Presentence Report may
   include descriptions of conduct I engaged in which either was not charged against me, will
   not be pleaded to by me, or both. I understand and agree that the Court will take these facts
   into consideration in determining the reasonableness of the stipulated sentence.

              e. Appeal Waiver.

                   (1)    Fully understanding my limited right to appeal my sentence, as
   explained above in paragraph 8, and in consideration of the concessions and/or
   commitments made by the United States in this plea agreement, I knowingly, voluntarily,
   and expressly waive my right to appeal any sentence imposed upon me, except that I do
   not waive the right to appeal as set forth in 18 U.S.C. § 3742(c)(l), which states that I may
   not file a notice of appeal unless the sentence imposed is greater than the sentence set forth
   in this agreement. I also knowingly, voluntarily, and expressly waive any argument (1) that
   the statute(s) to which I am pleading guilty is/are unconstitutional or (2) that my admitted
   conduct does not fall within the scope of the statute(s).

                 (2)   I also knowingly, voluntarily, and expressly waive my right to
   challenge my sentence, unless the sentence imposed is greater than the sentence set forth
   in this agreement, and my conviction, in any collateral review motion, writ or other
   procedure, including but not limited to a motion brought under 28 U.S.C. § 2255, except
   on the issue of ineffective assistance of counsel. This waiver includes any motion for
   modification of my sentence under 18 U.S.C. § 3582(c)(2).

                 (3)   I understand that this waiver of my appeal and collateral review rights
   concerning my sentence shall not affect the United States' right to appeal my sentence
   pursuant to 18 U.S.C. § 3742(c)(2) and§ 3742(b)(l) and (2).

                (4)    I further understand and agree that the word "sentence" appearing
   throughout this waiver provision is being used broadly and applies to all aspects of the
   Court's sentencing authority, including, but not limited to: (1) sentencing determinations;

                                                 5
Case 2:23-cr-00111-HCN         Document 209      Filed 02/06/25      PageID.1222       Page 6 of 9




   (2) the imposition of imprisonment, fines, supervised release, probation, and any specific
   terms and conditions thereof; and (3) any orders of restitution.

                   (5)  Additionally, I waive all rights to appeal any issues regarding my right
   to presence and the validity of my remote appearance for this and any other hearings held
   in this matter.

               f. Presentence Report and Financial Information. I agree to provide truthful
   and complete infonnation, including financial information, as requested by the probation
   office for the preparation of my presentence report and for determination of the conditions
   of my supervised release. I also consent to allowing the United States Attorney's Office to
   run a credit check on me. I consent to being placed on the Treasmy Offset Program and
   State Finder.

             g. Restitution.

                 (1)   I understand that the United States will request and that the Court may
   order that I pay restitution. I also agree to pay restitution to victims of unpleaded or
   uncharged relevant conduct pursuant to 18 U.S.C. § 3663(a)(3).

                        Under 18 U.S.C. § 3663(a)(3) I agree to pay restitution, in the amount
   of $392,827, to the following victims as follows:

                 •      $333,900 to the United States Small Business Administration;

                 •      $19,840 to the Washington State Employment Security Department;

                 •      $6,720 to the State of Michigan Unemployment Insurance Agency;
                        and

                 •      $32,367 to the Arizona Department of Economic Security.

                  (2)   I understand that the amount of restitution and the schedule of
   payments will be determined as a part of the sentencing proceedings in accordance with
   the provisions of 18 U.S.C. § 3664. I agree to pay all restitution as ordered by the Court. I
   agree that the payment and enforcement of my restitution order is governed by 18 U.S.C.
   § 3664, and my lawyer has explained the consequences of an order of restitution.

                 (3)     I understand and agree that payment of any restitution owed, pursuant
   to the schedule set by the Court at sentencing, should be a condition of any term of
   probation or supervised release imposed upon me. I know that if I fail to pay restitution as
   ordered, the failure can be considered a violation of probation or supervised release and,


                                                6
Case 2:23-cr-00111-HCN         Document 209       Filed 02/06/25      PageID.1223       Page 7 of 9




   pursuant to 18 U.S.C. § 3614, the Court can resentence me to any sentence which might
   originally have been imposed in my case.

              h. Forfeiture.

                  (1)    I agree to the entry of a forfeiture money judgment of $101,000. This
   amount is the value of property that facilitated, was involved in, or that I obtained from my
   offense that is not available for forfeiture because of my acts or omissions. I agree that such
   property 1) cannot be located upon the exercise of due diligence; 2) has been transferred
   or sold to, or deposited with, a third party; 3) has been placed beyond the comi's
   jurisdiction; or 4) has been commingled with other property which cannot be divided
   without difficulty as provided under 21 U.S.C. § 853(p).

                  (2)     The defendant understands that, by law, forfeiture is mandatory in this
   case. The defendant understands that the United States will not pursue satisfaction of the
   forfeiture money judgment provided that the defendant makes payments, as required by the
   Court, on his restitution order. The defendant further understands that, if the defendant pays
   off all of the restitution ordered by the Court, then the United States agrees to forgo
   enforcement or satisfaction of the forfeiture money judgment. The defendant further
   understands that, if the defendant fails to pay restitution as required by the Court, then the
   United States is free to pursue satisfaction of the forfeiture money judgment.

                 (3)   The U.S. Attorney's Office agrees to recommend to the United States
   Department of Justice through the restoration process that property recovered to satisfy the
   forfeiture money judgment be applied to reduce the amount the defendant owes on the
   restitution order. Upon approval of the restoration request, recoveries made on the
   forfeiture money judgment will also satisfy the restitution order to the extent of such
   recoveries. The defendant may make payments on the forfeiture money judgment by
   cashier's check or money order to "United States Marshals Service," referencing the case
   number, and mailed to: United States Marshals Service, ATTN: Asset Forfeiture
   Coordinator, 333 Lomas Blvd NW Suite 180, Albuquerque, New Mexico 87102.

                (4)   I waive any claims I may have against the government, its officers,
   employees, and agents regarding the forfeiture.

                  (5)     I waive the requirements regarding notice of the forfeiture in the
   charging instrument, announcement of the forfeiture at sentencing, and incorporation of
   the forfeiture in the judgment.

                 (6)    I waive any constitutional or statutory challenges to the forfeiture
   covered by this agreement, including that the forfeiture is an excessive fine or punishment.


                                                 7
Case 2:23-cr-00111-HCN       Document 209         Filed 02/06/25     PageID.1224     Page 8 of 9




          13.    I understand and agree that this plea agreement is solely between me and the
   United States Attorney for the District of Utah and does not bind any other federal, state,
   or local prosecuting, administrative, or regulatory authorities.

         14.   I understand that I have a right to ask the Court any questions I wish to ask
   concerning my rights about these proceedings and the plea.

                                   *      *       *    *

         I make the following representations to the Court:
                                                                   ?k\~~e
         1.     I am 37 years of age. My education consists of seme college. I can read and
    understand English.

          2.     This Statement in Advance contains all terms of the agreement between me
    and the United States; if there are exceptions, the Court will be specifically advised, on
    the record, at the time of my guilty plea of the additional terms. I understand the United
    States and I cannot have terms of this plea agreement that are not disclosed to the Court.

         3.     No one has made threats, promises, or representations to me that have caused
    me to plead guilty, other than the provisions set forth in this agreement.

          4.    Neither my attorney nor the United States has promised me that I would
    receive probation or any other form of leniency because of my plea.

          5.    I have discussed this case and this plea with my lawyers as much as I wish,
    and I have no additional questions.

         6.     I am satisfied with my lawyers.

         7.     My decision to enter this plea was made after full and careful thought; with
    the advice of counsel; and with a full understanding of my rights, the facts and
    circumstances of the case and the consequences of the plea. I was not under the influence
    of any drugs, medication, or intoxicants when I made the decision to enter the plea, and I
    am not now under the influence of any drugs, medication, or intoxicants.

         8.     I have no mental reservations concerning the plea.

          9.    I understand and agree to all of the above. I know that I am free to change or
    delete anything contained in this statement. I do not wish to make changes to this
    agreement because I agree with the terms and all of the statements are correct.



                                               8
Case 2:23-cr-00111-HCN        Document 209       Filed 02/06/25     PageID.1225        Page 9 of 9




          DATED this    {J~     day ofFebmary, 2025.


                                                     MUBARAK SULAIMAN UKASHAT
                                                     Defendant



          I certify that I have discussed this plea agreement with the defendant, that I have
   fully explained his rights to him, and that I have assisted him in completing this written
   agreement. I believe that he is knowingly and voluntarily entering the plea with full
   knowledge of his legal rights and that there is a factual basis for the plea.

          DATED this    f.t1A. day ofFebmary, 2025.


                                                    -~,(....._~~
                                                    Attorney for Defendant



          I represent that all terms of the plea agreement between the defendant and the United
   States have been, or will be at the plea hearing, disclosed to the Court, and there are no
   undisclosed agreements between the defendant and the United States.

          DATED this   __f__i4 day ofFebmary, 2025.
                                                    TRINA A. HIGGINS
                                                    United States Attorney



                                                           ~ _;;;~-
                                                    T:n~~      ~~
                                                    Assistant United States Attorney




                                                9


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