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PLEA AG REEM ENT

1 have agreed to enter into a plea agreement with t he U nited States of Americwpursuant to Rule 1 1 of the Federal Rules of Cn'm in al Procedure. The terms andconditions of this agreem ent are as follows:

A. CHARGEfS) TO W HICH I AM PLEADG G GUILTY AND W AW ER OFW GHTS

1. The Charees and Potential Punishm ent

My attorney has informed me of the nature of the ch argets) .and the elements ofthe chargets) that must be proved by the United Sta tes beyond a remsonable doubt beforeI could be found guilty as charged.

1 agree to plead guilty to an lnformation, which is a charge brought .by the UnitedStates Attom ey as opposed to one returned by a Gran d Jury. l am waiving and giving upmy right to be charged by lndictm ent and have a Gra nd Jury vote op my probable guilt.

I w ill enter a plea of guilty to Cotmt 1 of the lnf orm ation.

Count 1 charges me w ith conspiracy to defraud the I ntem al Revenue Service andto com lptly solicit or demand for the benetk of any person intending to lx influenced orrewarded in connection w1t11 any business of an org anizationa government or agencyinvolving a thing of value of $5,000 or more, a11 i n violation of 18 U.S.C. j 371. Themaximum statutory penalty is a fme of $250,000 and/ or imprisonm ent for a term of fiveyears, plus a term of supervised release.

I lmderstand restimtion may be ordered, my assets m ay be subject to forfeiture,

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Case 1:15-cr-00021-JPJ Document 5 Filed 07/21/15 Page 1 of 16 Pageid#: 24

and fees may l)e imposed to pay for incarceration a nd supervised release. ln addition, a$100 special assessment, pursuant to 18 U.S.C. j 30 13, will l)e imposed per felony countof conviction. 1 further understand m y supervised r elease m ay be revoked if I violate itsterm s and conditions. l understand a violation of s upervised release incremses thepossible period of incarceration.

l am pleading guilty as described above Y cause l am in fact guilty and because Ibelieve it is in my best interest to do so and not because of any threats or prom ises. Therehis % en no prom ise m ade whatsoever by anyone as to what the tinal disposition of thismatter will be.

2. W aiver of C onstitutional Riehts Upon a Plea of G uiltv

l acknow ledge I have had all of my rights explained to me and 1 expresslyrecognize 1 have the following constitutional right s anda by voluntarily pleading guilty, Iknowingly waive and give up these valuable constimt ional rights:

a. The right to plead not guilty and persist in tha t plea;b. The right to a speedy and public jury trial;c. The right to assistance of counsel at that trial and in any subsequent appeal',d. The right to rem ain silent at trial;e. The right to testify at trial;f. The right to confront and cross-exam ine w imesses called by the govem ment;g. The right to present evidence and wimesses in my own behalth. The right to complzlsory process of the courqi. The right to com pel the attendance of witnesses at trial;

j. The right to be presumed innocent;k. The right to a unanimous guilty verdict; and1. The right to appeal a guilty verdict.

B. SENTENCG G PR O VISIO NS

1. G eneral M atters

l understand the determination of what sentence sho utd be imposed,within theconfmes of any applicable statutory m inimum s and ma ximumq, is in the sole discretion ofthe Court subject to its consideration of the Unite d States Sentencing Guidelines(''guidelines'' or ''U.S.S.G'') and the factors set forth at 18 U.S.C. j 3553(a). l understandI w ill have an opm rtunity to review a copy of m y pr esentence report in advance of mysentencing hearing and may file objections, as appr opriate. 1 will have an opm rtunity atmy sentencing hearing to present evidence, bring wi m esses, cross-exam ine any wim esses

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the government calls to testify, and argue to the C ourt what an appropriate sentenceshould be w ithin the confines of the terms of this ar eem ent.

l tmderstand I w ill not be eligible for parole duri ng any term of im prisonm entim posed. 1 understand the Court is not bound by any recom m endation or stipulationcontained in this agreem ent and m ay sentence m e up to the statutory maxim um . 1tmderstand l w ill not be allowed to withdraw my ple a of guilty if the Court disregards thestipulations and/or recom m endations set forth in th e plea am eem ent.

I understand if the sentence is more severe than I exm cted, I will have no right tow ithdraw my plea. l have discussed sentencing issue s w ith my attorney and realize thereis a substantial likelihood 1 will be incarcerated.

2. Svntvncinz G uidelines

l stipulate and agree that a11 m atters pertaining t o any of the counts of the chargingdocumentts), including any dismissed counts, are re levant conduct for pumoses ofsentencing.

The parties agree the 2014 edition of the United St ates Sentencing GuidelinesM anual applies to any guidelines calculation made p ertaining to my offensets). lstipulate that the following guideline sectionts) a re applicable to my conduct:

Tax( 6

2T1.1(a 1 Base Ofrense level - tax loss of more tha n $80,000' 3 1 l. 3 + a 8ùwst oç Potivou o4 Ye'ws/

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Pm m m Fraud

2C 1.2 a 1 11 Base Ofrense level - ublic official

2C1.2 (b (1) + 2 Ofrense involved more tha11 one at ui2C1.2 b 2 + 4 Ofrense involved mbre th% $10,000.00

Oflknse involved a public official in a high level decision-2C1.1 b (3) + 4 makin osition

The United States stipulates that the guideline sec tionts) set forth in this sectionshotlld apply to my conduct.

I understlm d other guideline sections m ay be applic able to m y case and the UnitedStates and l w ill be free to argue whether these se ctions should or should not apply; to theextent the arguments ar not inconsistent with the s tipulations, recommendations and

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term s set forth in this plea agreem ent.

The United States agrees to recom m end a sentence w i thin the applicableguideline range. The parties agree that I am free t o am ue for a sentence outside oftEe guidelines range.

1 agree to accept responsibility for m y conduct. lf l comply w1t11 m y obligationstmder this plea agreement and accept responsibility for my conduct the United States w illrecommend the Court p ant me a two-level reduction i n my offense level, pursuant toU.S.S.G. j 3E1.1(a) and, if applicable, at sentenci ng, will move that I receive a one-levelreduction in my offense level, pursuant to U.S.S.G. 9 3E1.1(b), for purposes of anyguidelines calculation. H owever, I stipulate that i f l fail to accept responsibility for m yconduct or fail to com ply w ith any provision of thi s plea agreem ent, l should not receive

credit for acceptance of rest nsibility. ln addition o I understand and agree the UnitedStates will have a continumg objection to me receiv ing credit for acceptance ofresgonsibility until I have testified truthfully at my sentencing hearing, if called upon totestlfy. I agree the United SGtes will not be requi red to make any other notice of itsobjection on this bmsis.

3. Substantial Assistance

l tmderstand the United States retains a11 of its r ights pursuant to Fed. R . Crim . P.35(b), U.S.S.G. j5K1.1 and 18 U.S.C. j 35534*. I un derstand even if 1 fully cooperatewith law enforcement, the United States is under no obligation to make a motion for thereduction of m y sentence. I tm derstand if the Unite d States m akes a motion for areduction in my sentence, the Court, after hearing the evidence, w ill determ ine how m uchof a departure, if any, I should be given.

4. Oblization to File Tax Returns and Pav Taxes

At least 30 days prior to the original datebe filed with the lntem al Revenue Service

set for sentencing, l will file or cause to(lRS) - Criminal Investigation Office in

Bristol, Virginiw a11Tax Returns (if returns have n ot been filed) or amended Tax Retums(if necessary, to accurately reflect true tax liabi lity) for the tnx years 2003-2014, formyself, and any other entity l contolled (regardles s of whether or not l am listed asfçowner'' or Rofficer'') to reflect the correct nmo tmt of tax owed. 'Tax Returns'' includesbut is not lim ited to Forms 940, 941, W -2, 1040, 10 65, 1120, and 1120S. I ac ee to fullycooperate with the IRS in the ascertainm ent, com put ation and paym ent of the true tmxliabilities for myself, and any other entity l cont rol, to reflect the correct am ount of taxowed. l agree to pay any outstanding tax liability, including interest and penalties. 1understand that this plea av eem ent does not,Defendant's zafffcaz % in any way, bind the lRS with regard to any

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civil liability for tax obligations.

5. Forfeiture

1 agree to the forfeiture of the assets set forth i n this section on the grounds setforth in the Order of Forfeiture. 1 agree this O rde r of Forfeim re shall be entered by theCourt and shall be final at the tim e l enter my ple a. To the extent necessary, l w aivenotice of forfeiture as to any asset I have agreed to forfeit and waive oral pronouncem entat sentencing.

I agra to a forfeiture money judgment in the sum of $50,000.00. I agree torem it funds in the sum of $50,000.00 to the United States in full satisfaction of theforfeiture money judgment 1 tmderstand that these f unds must be remitted in the formof certified funds made payable to the U.S. Depar% e nt of the Treasury and are to berem itted to the Intem al Revenue Service in the foll owing manner, $25,000.00 on orbefore the date of my guilty plea, and the remainin g $25,000.00 on or before the date ofm y sentencing.

l agree to cooperate fully in the fodkiture of the property to be forfeited. Ifapplicable, l agree to w ithdraw any existing claim s and/or agree not to file any claim s inany adm inistrative or civil forfeiture proceeding r elating to assets seized as part of thisinvestigation and not otherwise nnm ed herein. I agr ee to execute a1l docum ents,stipulations, consent judgments, court orders, bill s of sale, deeds, affidavits of title, andthe like, which are reasonably necessary to pass cl ear title to the United States orotherwise effectuate forfeiture of the property. I further agree to fully coom rate andtestify tnzthfully on Y half of the United Sttes in any legal action necessary to m rfect theUnited States' interest, including but not lim ited to any ancillary hearing in this crim inalaction or in any civil litigation.

I further agree to assist in identifying, locating, returning, and fodbiting a1lforfeitable assets, including the known assets of o ther persons, and agree to subm it to apolygraph examination, at the option of the govem me nt regarding the truthfulness of theasset disclosures.

1 further agree that the forfeiture provisions of t his plea agreem ent are intended to,and * 11, survive me, notwithstanding the abatement of any underlying crim inalconviction after the execution of this agreem ent. T he forfeitability of any particularproperty pursuant to this agreement shall lx determ ined as if I had survived, and thatdeterm ination shall be binding upon my heirs, succe ssors and assir s until the agreedforfeimre, including any agreed money judgment amou nt, is collected in full. To theextent that forfeiture pursuant to this ap eem ent re quires m e to disgorge wrongfully

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obtained crim inal proceeds, 1 ap ee that the forfeit ure is primarily remedial in nature.

I understand and agree that forfeiture of this prop erty is proportionate to thedegree and nature of the offense com m itted by m e. I freely and know ingly waive a11constitutional and sttutory challenges in any mnnne r (including direct apm al, hal)eascomus, or any other means) to any fodbiture canied out in accordance with this PleaA p eem ent on any F ounds, including that the forfeitu re constitutes an excessive fme orpunishment. I further tm derstand and agree this for feiture is separate and distinct from ,and is not in the nature of, or in lieu of, any pen alty that may be imposed by the Coult

l lmderstand and agree that any monetary sumts) the United States hms agreed torelease will be less any debt owed to the United St ates, any agency of the United States,or any other debt in which the U nited States is aut horized to collect.

I hereby releue and forever discharge the United St ates, its oftk ers, agents,servants and em ployees, its heirs, successors, or a ssigns, from any and a1l actions, causesof action, suits, proceedings, debts, dues, contrac ts, judgments, damages, claims, and/ordemands whatsoever in 1aw or equity which I ever ha d, now have, or may have in thefuture in connection w ith the seizure, detention an d forfeiture of the described assets.

6. M onetarv O blieations

a. Special A ssessm enl . Fines and R estitution

l understand persons convicted of crimes are requir ed to pay a mandatoryassessment of $100.00 per felony count of convictio n. l agree l will subm it to the U.S.Clerk's Om ce, a certified check, money order, or at torney's trust check made payable tothe G&clerk, U .S. D istrict Court'' for the total am ount due for m andatory assessm ents priorto entering my plea of guilty.

l agree to pay restim tion to Bristol V irginia Utili ties A uthority in the nm otmt of$150,000.00. These funds are to reimburse Bristol V irginia Utilities Authority for taxrelated payments and penalties they may incur relat ed to my crim inal conduct. 1 agree topay this amount of restitution, in full, on or befo re January 31, 2016, and the partiesrecommend that the court as part of myjudgment and convic:on, order this amount to bepaid on or Y fore January 31, 2016.

ln addition, I agree to pay any restitution require d by law , Zcluding, but notlimited to, amounts due pursuant to 18 USC jj 2259, 3663, and/or 3663A. 1 understandand ag'ee a requirem ent 1 pay restittltion for a11 of the ahw e-stated m atters w ill be

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imposed upon me as part of any fmaljudgment in this matter.

I further agree to m ake good faith efforts tow ard p aym ent of al1 m andatoryassessm ents, restim tion and fm es, w 1t11 w hatever m e ans l have at m y disposal. l agreefailure to do so will constitute a violation of thi s agreem ent. I w ill execute anydocuments necessary to release the funds 1 have in any repositoryr bank, inves% ent,other fm ancial institution, or any other location i n order to m ake partlal or total paym enttow ard the m andatory assessm ents, restim tion and fi nes im posed in m y case.

I fully understand restitution and forfeiture are s eparate financial obligationswhich m ay be imposed upon a crim inal defendant. I f urther understand there is a processw ithin the D epartment of Justice w hereby, in certai n circllm stances, forfeited ftmds m aybe applied to restitution obligations. l tm derstand no one has m ade any prom ises to m ethat such a process will result in a decrease in my restitution obligations in this cmse.

I understand and agree, pursuant to 18 U.S.C. jj 36 13 and 3664(n9, whatevermonetary penalties are imposed by the Court will be due immediately and subject toim m ediate ee orcem ent by the United States as provid ed for by statute. l understand ifthe Court im poses a schedule of paym entsy,that sche dule is only a m inim um schedule ofpayments and not the only method, nor a lim itation on the methods, available to theUnited States to enforce the judgment.

l ap ee to pant the United States a wage %signment l iquidate Dsets, or completeany other tmsks which w ill result in im m ediate pam e nt in full, or paym ent in the shortesttime in which full pam ent can be reasonably made as required under 18 U.S.C. j35724*.

I agree the following provisions, or words of sim il ar efrect should be included asconditions of probation and/or sumrvised release: ( 1) tt-l'he defendant shall notify theFinancial Litigation Unit, United States Attorney's Office, in writing, of any interest inproperty obtainet directly or indirectly, including any interest obtained under any othernnm e, or entity, including a tnlst, paM ership or co m oration after the execution of thisaveement tmtil all fmes, restimtion. money judgment s and monetary assessments arepaid in 1110 and (2) 'The Defendant shall notify th e Financial Litigation Unit, UnitedStates A ttorney's Ofrice, in writing, at le% t 30 da ys prior to kansferring any interest inproperty owned dkectly or indirectly by Defendant i ncluding any interest held or ownedunder any other name or entity, including trusts, p artnership and/or com orations until allfmes, restitution, money judgments and monetary ass essments are paid in fu1l.''

The parties will also jointly recommend that ms a c ondition of probation orsupervised release, Defendant w ill notify the Finan cial Litigation Unit, United States

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A ttom ey's Oftk e, before Defendant transfers any int erest in prom rty owned directly orindirectly by Defendant including any interest held or owned under any other name orentity, including trusts, paM ership and/or comorati ons. See 18 U.S.C. j 3664(k), (n).

Regardless of whether or not the Court specitk ally directs particim tion orim poses a schedtlle of paym ents, I agree to fully p m icipate in inm ate em ploym ent tmderany available or recom m ended program s operated by t he Bureau of Prisons.

l apee any payments made by me shall be applied ful ly to the non-joint andseveral portion of my outstanding restimtion balanc e until the non-joint and severalportion of restimtion is paid in full, unless the C ourt determ ines that to do so would causea hardship to a victim of the offensets).

b. D utv to M ake Financial Disclosura

l understand in this case there is a possibility su bstantial fmes and/or restitutionm ay be im posed. ln order to assist the United State s as to any recom m endation and inany necessary collection of those sum s, I agree, if requested by the United States, toprovide a com plete and truthful financial statem ent to the United States Attom ey's Office,within 30 days of the request or 3 days prior to se ntencing, whichever is earlier, detailinga11 income, expenditures, assets, liabilities, gift s and conveyances by myself, my spouseand m y dependent children and any com oration, paM er ship or other entity in which 1hold or have held an interest, for the period start ing on January 1st of the year prior to theyear my offense Y gan and continuing through the dat e of the statement. This fmancialstatem ent shall be subm itted in a form acceptable t o the United States Attom ey's office.

From the tim e of the signing of this ap eem ent or th e date 1 sign the fm ancialstatem ent, whichever is earlier, 1 agree not to con vey anything of value to any personwithout the authorization of the United States A tto rney's O ftke. l agree to take and passa polygraph exam ination conducted by a qualified 1a w enforcement exam iner selected bythe United States Attorney's Oftke, if requested to do so, concerning the accuracy of myfm ancial statem ent.

c. Unden tandinz of Collection M atteo

l understand:

1 . as part of the judgment in this case 1 will be ordered to pay one or morem onetary obligations;

2. paym ent should be made as ordered by the Courq3. l must mail pa ents, by cashier's check or money order, payable to the

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''Clerk, U .S. D iskict Court'' to: 210 Franklin Road , S.W ., Suite 540, Roanoke,Virginia 2401 1', and include my name and court num ber on the check ormoney order;

4. interest (unless waived by the Court) and penalt ies must be imm sed for late orm issed paym ents;

5. the United States m ay file liens on m y real and personal property that willrem ain in place until m onetary obligations are paid in full, or until liens expke(the later of 20 years from date of sentencing or r elease from incarcerationl;

6. if l retain counsel to represent me regarding th e United States' effolts to collectany of my m onetary obligations, l w ill im m ediately notify the United StatesAttorney's O ffice, ATTN : Financial Litigation Unit, P.O . B ox 1709, Roanoke,V kginia 24008-1709, in writing, of the fact of my l egal representation; and

7. 1, or my attom ey if an attorney will represent m e regarding collection ofm onetary obligations, can contact the U .S. A ttorney 's Oflk e's FinancialLitigation U nit at 540/857-2259.

C. ADDITIONAL M ATTERS

1. W aiver of Presence of Counsel

I understand my attorney m ay be present at any cont act with any governm entpersonnel. However, by my sir ature below , I express ly waive the presence of counselduring such contacts and agree governm ent personnel m ay contact m e w ithout the priorapproval of m y attom ey. At any tim e during such con tacts w ith governm ent personnel, lmay request the presence of my attom ey and the cont act w ill be suspended tmtil myattorney arrives or indicates that the contact m ay continue.

2. W aiver of Rieht to Appeal

Knowing that l have a right of direct appeal of my sentence under 18 U.S.C. j3742(a) and the grounds listed therein, 1 expressly waive the right to apm al my sentenceon those grotmds or on any grotmd. In addition, l h ereby waive m y right of appeal as toany and all other issues in this m atter and agree l will not file a notice of appeal. I amknowingly and voltmtarily waiving any right to appe al. By signing this agreement, 1 amexplicitly and irrevocably dkecting my attomey not to file a notice of appeal.

Notwithstan4ng any other language to the contrary, I - not wlfv/ay my W#/l/ toappeal or to have my J//tvae.y #le a nodce of appea l, J5' to Jzl.p issue whtch cannot bewl ivedi by !- . l understand the United States expr essly reserves al1 of its rights toappeal. I agree and understand if I fle any ceurt d ocument (except for an appealbased on an issue that cannot be w aived, by Iaw, or a collateral attack based on

ineffedive asskstance of counsel) seeking to dkstur b, in any way, any order imposed

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in m y c.*4% such action shall constitute a failure to com ply w ith a provision of thisagreem ent

3. W aiver of R ieht to C ollaterallv A ttack

I waive any right l m ay have to collaterally attack o in any future proceeding, anyorder issued in this m atter, unless such attack is based on ineffective assistance ofcounsel, and agree l w ill not file any docum ent whi ch seeks to disturb any such order,llnless such filing is based on ineffective assista nce of cotmsel. l agree and understandthat if I fIe any court document (except for an app eal based on an issue notothe- lse waived in this agreem ent; an appeal based on an issue that cannot be

waived, by Iaw; or a collateral attack based on ine Fective assistance of counsel)sa king to disturb, in any way, any order im posed in m y casw such action shallconstitute a failure to com ply w ith a provksion of this agreem ent-

4. H form ation Access W aiver

I knowingly and voluntarily ap ee to waive a1l right s, whether asserted directly orby a representative, to request or receive from any department or agency of the UnitedStates any records pertaining to the investigation or prosecution of this case, includingw ithout lim itation any records that m ay be sought u nder the Freedom of Inform ation A ct,5 U.S.C. 9552, or the Privacy Act of 1974, 5 U.S.C. 9552a.

5. W aiver of W itness Fee

I agree to waive a11 rights, claim s or interest in any w im ess fee 1 m ay be eligible toreceive pursuant to 28 U.S.C. j 1821, for my appear ance at any Grand Jury, wimessconference or court proceeding.

6. Abandonment pf Seized Item s

By signing this plea apeement l hereby abandon my i nterest inm and consent tothe om cial use, destruction or other disposition of each item obtained by any 1awenforcement agency during the course of the investi gation, unless such item isspecifically provided for in another provision of t his plea agreem ent. l further waive anyand al1 notice of any proceeding to implement the o ftk ial use, des% ction, abandonmentor other dism sition of such item s.

7. D eportation

I understand that, i I am not a citizen of the Unit ed States, 1 may be subject to

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deportation from the United States as a result of m y conviction for the offensets) towhich I am pleading guilty.

8. D enial of Federal Benefts

At the discretion of the court, I understnnd 1 m ay also be denied any or a11 federalbenefits, as that term is defined in 21 U.S.C. 9 86 2, (a) for up to tive years if this is myflrst conviction of a federal or state offense cons isting of the distribution of controlledsubstnnces, or up to one year if this is my flrst c onviction of a federal or state offenseinvolving the possession of a controlled substance; or (b) for up to ten years if this is mysecond conviction of a federal or state offense con sisting of the diskibution of controlledsubstances, or up to five years if this is m y secon d or m ore conviction of a federal or stateoffense invplving the possession of a conkolled sub stance. If this is my third or moreconviction of a federal or state offense consbting of the disG bution of conkolledsubstmnces, 1 tmderstand l could be perm anently ine ligible for all federal benefits, as thatterm is defined in 21 U.S.C. j 862(d).

9. G uiltv Plea Deadline

I agree and stipulate that I w ill enter m y guilty p lea on or before July 31,2015, unless a later date is agreed to by the Unite d States A ttorney's Office. lf l do notenter my guilty plea on or before this date without the consent of the United StatesAttorney's Office, l agree and stipulate that I hav e violated the term l of this pleaagreem ent.

lo.A dm issibilitv of Statem ents

I understand any statements I make (including this plea agreement, and myadmission of guilt) during or in preparation for an y guilty plea hearing, sentencinghearing, or other hearing and any statem ents l m ake or have m ade to law ee orcem entagents, in any setting (including during a proffer) , may be used against me in this or anyother proceeding. I knowingly waive any right l m ay have under the Constitution, anysktute, rule or other source of 1aw to have such st atem ents, or evidence derived fromsuch statements, suppressed or excluded from G ing a dm itted into evidence and stipulatethat such statements can be adm itted into evidence.

ll.A dditional O blieations

l agree to coom rate fully with law enforcement agen ts and will disclose to them ,at any time requested by em, my knowledge of any cr im inal activity. l agree l will

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testify truthfully. l hereby waive any right I m ay have to refuse to answer any questions.1 ar ee to be debriefed by law ee orcem ent agents con cerning any matter. 1 agree if theUnited States has any doubts concerning my truthful ness, 1 will take and pmss a polypaphexam ination adm inistered by an exam iner chosen by t he U nited States Attorney's Oftk ems to any matlers alleged in the charging documentt s) and/or anything discussed in thedebriefings. 1 understand it is a felony oflknse to m ake false statem ents to lawenforcem ent agents or to testify falsely.

l agree not to commit any of the following acts:

* attempt to w ithdraw m y guilty plea;* deny 1 committed any crime to which 1 have pled g uiltyk. make or adopt any arguments or objections to the presentence report that

are inconsistent w ith this plea agreem ent;* obs% ctjustice;@ fail to comply w1t11 any provision of this plea a greement* com m it any other crim e;* m ake a false statem ent;* fail to enter my plea of guilty when scheduled to do so, tm less a

continuance is agreed to by the United States Attor ney's Oftk e and grantedby the Court;

* fail to testify truthfully, as to any matter, if called um n to do so (at mysentencing hearing or any other proceedingl;

. refuse to answ er any question;* fail to comply with any remsonable request of the United States A ttom ey's

Om ce;* fail to cooperate with 1aw enforcem ent agents; or* refuse to take or fail a polyc aph exam ination.

D. REG D IES AVM LABLE TO TH E UM TED STATES

l hereby stipulate and agree that the U nited States Attom ey's om ce may, at itseled ion, pursue any or all of the follow ing rem edie s if l fail to com ply w 1t11 any provisionof this agreement: (a) declare this plea agreement void; (b) refuse to dismiss any charges;(c) reinstate any dismissed charges; (d) flle new c harges; (e) withdl'aw any substzmtialmssistance motion made, regardless of whether subst antial mssistance hms been performed;(9 refuse to abide by any provision, stipulations, and/or recommendations contained intltis plea agreement; or (g) take any other action provided for under this agreement or bystatute, regulation or court rule.

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ln addition, 1 apee if, for any reason, my convicti on is set aside, or I fail tocom ply with any obligation under the plea agreem ent , the United States m ny file, byindicM ent or Z formation, any charges against m e whi ch were filed and/or could havebeen filed concem ing the matters involved in the in stant investigation. l hereby waivem y right under Federal Rule of Crim inal Procedure 7 to be proceeded against byindictm ent and consent to the filing of an inform at ion against m e concerning any suchcharges. I also hereby waive any statute of lim itat ions defense as to any such charges.

The remedies set forth above are cumulative and not mutually exclusive. TheUnited States' election of any of these remedies, o ther than declaring this plea ap eementvoid, does not in any way, terminate my obligation to comply w ith the terms of the pleaareement. The use of Rif ' in this section does not mean Kçitl and only if.''

E. G ENERA T, PR O W SION S

1. Lim itation of Aereem ent

This agreement only binds the United States Attorne y's Office for the W esternDiskict of Virginia. It does not bind any state or local prosecutor, other United StatesAttom ey's Oftke or other office or agency of the Un ited States Govemm ent including,but not lim ited to, the Tax D ivision of the U nited States Depar% ent of Justice, or thelnternal Revenue Service of the United States Depar tm ent of the Treasury. Theseindividuals and agencies remain free to prosecute m e for any offensets) committed withintheir resm ctivejurisdictions.

2. Elect of M v Sienature

l tmderstand my signature on this agreement constit utes a binding offer by me toenter into this agreement. I understand the United States has not accepted my offer untilit signs the agreem ent.

3. Eled ive Representption

I have discussed the terms of the foregoing plea ap eement and a11 matterspertaining to the charges against me w1t11 m# attor ney and am fully satisfied with myattom ey and my attorney's advice. At this time, l h ave no dissatisfaction or complaintwith m y attorney's representation. I agree to make u own to the Court no later than atthe tim e of sentencing any dissatisfaction or com pl aint 1 m ay have with my attom ey'srepresentation.

4. W aiver of Claim s

Defendant's .!'af#l/J'i .

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I agree to m ake known to the Court no later than at the tim e of sentencing anyclaim of m isconduct or claim of an ethical, civil o r crim inal violation by any governmentattorney, agent employee, or conlactor. l hereby wa ive my right to make any suchclaim l fail to bring to the Court's attention prio r to sentencing.

5. Final M atters

l tmderstand a thorough presentence investigation w ill lx conducted andsentencing recommendations independent of the Unite d States Attorney's O ffice w ill bem ade by the presentence preparer, which the Court m ay adopt or take into consideration.I tmderstand any calculation regarding the guidelin es by the United States A ttorney'sOm ce or by my attom ey is speculative and is not bin ding upon the Courq the ProbationO frice or the United States Attom ey's Oftk e. N o gua rantee has been m ade by anyoneregarding the effect of the guidelines on m y case.

1 understand the prosecution w ill be free to allocu te or descrie the nature of thisofrense and the evidence in this case and m ake any recomm endations not prohibited bytllis agreem ent.

I lmderstand the United States retains the right no twithstanding any provision inthis plea agreement to inform the Probation Om ce an d the Court of al1 relevant facts, toaddress the Court with resm ct to the nature and ser iousness of the oflknsets), to respondto any questions raised by the Court, to correct an y inaccuracies or inadequacies in thepresentence report and to respond to any statem ents made to the Court by or on behalf ofthe defendant.

1 w illingly stipulate there is a sufficient factual basis to support each and every

material factual allegation contained within the ch arging documentts) to which l ampleading guilty.

l understand this ap eem ent does not apply to any cr imes or charges not addressedin this agreem ent. l understand if 1 should testify falsely in this or in a related proceedingI may be prosecuted for perjury and statements I ma y have given authorities pursuant tothis aceement may be used against me in such a proc eeding.

l understand my attorney will be free to argue any m itigating factors on my Y half;to the extent they are not inconsistent w1t11 the t erm s of this agreem ent. I understand Iw ill have an opportunity to personally address the Court prior to sentence being imposed.

This writing sets rth the entire understmnding betw een the parties and constitutes

Defendant's Jafffllr

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the com plete plea agreem ent between the U nited Stat es Attorney for the W estem D istictof Virginia and me, and no other additional terms o r agreements shall be entered exceptand unless those other term s or agreem ents are in w riting and signed by the parties. Thisplea ap eem ent supersedes all prior understandings, prom ises, ap eements, or conditions,if any, between the United States and me.

I have consulted w ith my attorney and fully underst and a11 m y rights. 1 have readthis plea agreem ent and carefully review ed every pa rt of it w1t11 m y attom ey. lunderstand this agreement and 1 voluntarily agree t o it. l have not been coerced,threatened, or prom ised anything other than the ter m s of this plea agreem ent, describedabove, in exchange for my plea of guilty. Being awa re of a1l of the possibleConsequenceswill, and am afflrm ing that agreem ent on this date and by m y signam re Y low .

//gJc k lxDate: WW es Rosenbalm , Defendant

ofmy plea, 1 have independently decided to enter th is plea of m y own free

I have fully explained a11 rights available to m y c lient with respect to the offenseslisted in the pending charging documentts). I have carefully reviewed every part of thisplea agreement w ith my client. To my know ledge, my client's decision to enter into thisap eement is an informed and voluntary one.

l understand I m ay be present at any contact with m y client by any govem m entpersonnel. However, by m y signattlre below , 1 expre ssly consent to direct contact w1t11my client, without my prior approval, by govemment personnel, including but not lim itedto, in regard to the collection of monetary amounts owed in this and a11 related matters.At any tim e during such contacts w 1t11 government p ersonnel, m y client may request m ypresence and the contact will lx suspended until I anive or indicate that the contact m aycontinue.

lf I will continue to represent m y client regarding the United States' efforts toany monetary obligations, I w ill notify the United States Attorney's Office,

ATTN: Financial Litigation Unit, P.O . Box 1709, Roa noke Virginia 2400 - 70 , in. :

writipg, of the fact of my continued legal represen n wi the ofjudgment in this case.

. . < e /

/L3Date: .E. ougherty, sq.

unse for D efendant

collect

's zzlfo lr )DefendantPage 15 of 16


oate: 15 r'Zachary . I.eAssista t United States AttorneyVim ' Ia State Bar N o. 47087

Dqfendant's Jàf#ll&

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Documents

V. I : l 5l/ lbloximages.newyork1.vip.townnews.com/heraldcourier.com/... · 2015. 7. 22. · owed. l agree to pay any outstanding tax liability, including interest and penalties