View
240
Download
0
Category
Preview:
Citation preview
8/11/2019 Molnar plea agreement
1/6
r L}:D,
JOHN P H E H M N ~
IN
THE
UNITED
STATES DISTRICT COURT
CLERK
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION l O \ ~ S P
5
P 3: 46
UNITED
STATES OF AMERICA
v.
JOSEPH
P. MOLNAR
PLEA AGREEMENT
CASE NO.
JUDGE
The United States Attorney for the Southern District o Ohio and the defendant,
JOSEPH P. MOLNAR hereby enter into the
following Plea
Agreement pursuant
to
Rule ll(c) o
the
Federal
Rules
o
Criminal Procedure:
1. Defendant
JOSEPH
P. MOLNAR will enter pleas o guilty to Count 1 and Count
2
o
he Information previously
filed with the Court,
charging
him
with embezzlement
from
a
financial institution in violation o Title 18, United States Code, Section 656, and making false
statements on a tax return in violation o Title
26,
United States Code, Section 7206(1),
respectively.
2. Defendant
JOSEPH
P. MOLNAR understands that the maximum penalty that
may be imposed pursuant
to
his plea o guilty
to
Count
I o
he
Information is a term o
imprisonment o not
more
than 30 years, a
fine
o not more than I 000,000, restitution
to
the
victims ofhis crimes, and up to 5 years o supervised release. Defendant MOLNAR
understands that the maximum penalty that may be imposed pursuant to his plea o guilty to
Count 2
o
the Information is a term o imprisonment
o not more
than
five
years; a fine o not
more
than 250,000; restitution
to
the victims o his crimes, specifically the Department o the
Treasury,
in the amount o approximately 987,0
11.66; and
up
to
3 years o supervised release.
3. Defendant JOSEPH P.
MOLNAR will pay
a special assessment of 200 as
Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 1 of 6 PAGEID #: 3
8/11/2019 Molnar plea agreement
2/6
required
in 18
U.S.C. 3013. This assessment shall be paid by defendant before sentence
is
imposed and defendant will furnish a receipt at sentencing. The payment shall be made to the
United States District Court, at the Clerk s Office,
85
Marconi Boulevard, Columbus, Ohio
43215.
4. Defendant JOSEPH P MOLNAR further understands that he has the following
rights, among others:
a To be represented by an attorney at every stage
o
the proceeding,
and that, i necessary, one will be appointed to represent him;
b
To plead not guilty and to be tried by a jury;
c. To be assisted by counsel during such trial;
d. To confront and cross-examine adverse witnesses;
e. To use compulsory process to summon witnesses for the defense;
f
Not to be compelled to testify; and
g. To be presumed innocent throughout trial until and unless found
guilty by a jury beyond a reasonable doubt.
5 Defendant JOSEPH P MOLNAR understands that i his pleas o guilty to Counts
I and 2 o the Information are accepted by the Court there will not be a further trial o any kind,
so that by pleading guilty he waives, or gives up, his right to a trial.
6
Defendant JOSEPH P. MOLNAR understands that the Court intends to question
him on the record about the offense to which
he is
pleading guilty, which questioning may be
under oath and which could provide a basis for a later prosecution
o
this defendant for perjury
or false statements i he does not tell the truth.
7 Defendant JOSEPH P MOLNAR agrees to testify truthfully and completely
concerning all matters pertaining to the Information returned herein and to any and all other tax
Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 2 of 6 PAGEID #: 4
8/11/2019 Molnar plea agreement
3/6
violations and bank embezzlement occurring in the Southern District o Ohio in which
he
may
have been
involved
or as
to
which
he
may
have
knowledge. Defendant further agrees
to
provide a complete statement
to
authorities
o he United
States concerning
such
matters prior
to
sentencing
or at
any
other time that may
be requested by the
United States Attorney or a federal
state or
local
investigative agency. Defendant agrees to submit to supplemental debriefings on
such matters whenever requested by federal state or local authorities.
Pursuant
to
181.8 o the
United
States Sentencing Guidelines ( Guidelines ),
the
government agrees that any self-incriminating information so provided will not
be
used against
the defendant in determining the applicable Guidelines
range
for sentencing, or
as
a basis for
upward departure from the advisory Guidelines range.
8. Defendant JOSEPH
P.
MOLNAR
is aware that
the
United States Sentencing
Guidelines
and Policy Statements are
no
longer mandatory in determining
his
sentence.
However
the defendant also understands that said guidelines and policy statements will be
given
consideration by the
District Court,
in
conjunction with all other sentencing factors set forth
in
18
U.S.C.
3553(a), to determine
an
appropriate sentence. The defendant
is
further aware that
the
District Court
has
jurisdiction and authority to
impose
any sentence within the statutory
maximum set forth for the offense
to
which the
defendant
pleads guilty. Defendant
is
aware
that the Court has not yet determined a sentence. Defendant is also aware that any estimate o
the probable sentencing range
under
the United States Sentencing Guidelines that the defendant
may have
received from the defendant's counsel,
the
United States, or the probation office is a
prediction not a promise,
and
is
not binding
on
the United
States, the probation office, or the
Court. The United States
makes
no
promise
or representation concerning the sentence that
the
defendant
will
receive, and the defendant cannot withdraw a guilty plea based upon the actual
3
Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 3 of 6 PAGEID #: 5
8/11/2019 Molnar plea agreement
4/6
sentence.
9.
Understanding that the following agreements under the advisory Guidelines
cannot bind
the Probation Department or the
Court, the United
States Attorney for the Southern
District of Ohio and Defendant JOSEPH P.
MOLNAR,
the parties
to
this Plea Agreement,
hereby make
the following agreements
under
the advisory Guidelines:
a.
The
parties agree that
with
respect to Count I of the Information, the
amount
of
loss
described is attributed
to JOSEPH P.
MOLNAR's embezzlement from
his employer, the Huntington National
Bank and
its affiliates, and that the amount of
loss is approximately $4,076,189.44, and between 2.5 million and
7
million, which
constitutes the defendant, JOSEPH P. MOLNAR's relevant conduct for Count I as
the term is applied under the Guidelines; and the resulting base offense level is 25.
b.
The
parties agree that
for
Count 2
the
amount
of
tax loss described
is
attributed to JOSEPH
P.
MOLNAR's
false
statements
on
his personal tax returns
representing his income
for
the years 2008, 2009,
20
I0, 20 II and 2012, and that the
amount of such loss is approximately $987,011.66,
and
between $400,000 and
$1,000,000, which amount constitutes the defendant, JOSEPH P. MOLNAR's
relevant
conduct for Count I as the term is applied
under the
Guidelines,
and
that
the
resulting base offense level is 20.
c. The parties agree that pursuant to 3El.l(a) of the Guidelines, at the time
of his plea, the defendant, JOSEPH
P. MOLNAR,
has accepted responsibility for the
offense and therefore is entitled
to
a two-level reduction in the applicable base
offense
level
under this section
of
he
Sentencing Guidelines. The parties further
agree
that this defendant
has
timely
notified
the
United
States
as to
his intention to
plead guilty and therefore
may
be entitled to an additional one-point reduction of his
offense
level
under Guideline 3E 1.1
(b).
d.
The parties agree that
the
application and final sentencing guideline
calculations for defendant JOSEPH P. MOLNAR will be completed by the probation
office, and that the Guidelines for the offenses
may be
grouped, pursuant
to
the
rules
of he United States Sentencing Guidelines.
10.
The United States Attorney for the
Southern
District of Ohio agrees that if
Defendant JOSEPH
P.
MOLNAR
provides substantial assistance
in
the investigation or
prosecution
of others who
have
committed criminal offenses, the United States Attorney
may
move the Court pursuant to 18 U.S.C. 3553(e) and/or SKI. I of the Guidelines for an
4
Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 4 of 6 PAGEID #: 6
8/11/2019 Molnar plea agreement
5/6
appropriate departure
from
the otherwise applicable Guidelines range for Defendant s sentence
and will
in connection therewith make
known
to the Court the nature and extent
of
Defendant s
assistance. Defendant understands that whether such motion should
be
made lies within the
discretion
of
the United States Attorney
and
that whether
and
to what extent such motion should
be
granted are solely matters
for
determination
by
the Court.
II If
such a plea
of
guilty
is
entered,
and
not withdrawn,
and
the Defendant JOSEPH
P MOLNAR
acts
in
accordance with
all
other terms
of
this agreement, the United States
Attorney
for
the Southern District ofOhio agrees
not to
file additional criminal charges against
Defendant JOSEPH
P
MOLNAR based
on
his activities charged
in
the Information or
based on
other embezzlement
and tax
violations occurring
in
the Southern District
of
Ohio prior
to
the
date
of
the Information and as
to
which Defendant gives testimony or makes statements pursuant
to
this agreement.
12 By
virtue
of
his plea
of
guilty
to
Counts I and 2 of the Information, this defendant
understands that he
is
not a prevailing party as defined
by
18 U.S.C. 3006A
and
hereby
expressly waives his right to sue the United States.
13
Defendant further understands
and
accepts that in addition to any criminal
sanctions, defendant may
be
subject to other civil and/or administrative consequences, including,
but
not
limited to civil liability
and
loss
of
any professionallicense(s).
5
Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 5 of 6 PAGEID #: 7
8/11/2019 Molnar plea agreement
6/6
14 No additional promises, agreements, or conditions have been made relative to this
matter other than those expressly set forth herein, and none will be made unless in writing and
signed by all parties.
(;--).7
_
f
Date)
6
e f e ~
~ S ~ 9 2
R WILLIAM MEEKS 0014
Meeks Thomas Co.
511
S
High Street
Columbus, OH 432 I 5-5602
Phone: 614) 228-4141
Fax: 614) 228-0899
CARTER M STEW RT
. FULTON VA 72885)
Assistant United States Attorney
303 Marconi Blvd., Suite 200
Columbus, Ohio 43215
614) 469-5715
Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 6 of 6 PAGEID #: 8
Recommended