andrÉ birotte jr. united states attorney 2 christine c ... · 2/16/2011 · charles paul edward...
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ANDRÉ BIROTTE JR.United States AttorneyCHRISTINE C. EWELLAssistant United States AttorneyChief, Criminal DivisionBRUCE H. SEARBY (SBN 183267)Assistant United States AttorneyMajor Frauds SectionJONATHAN E. LOPEZ (SBN 210513)Senior Trial Attorney, Fraud SectionUnited States Department of Justice
1100 United States Courthouse312 North Spring StreetLos Angeles, California 90012Telephone: (213) 894-5423Facsimile: (213) 894-6269bruce.searby@usdoj.gov
Attorneys for Plaintiff UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, )
)Plaintiff, )
)v. )
)GERALD GREEN and )PATRICIA GREEN, )
)Defendants. )
) ) ) )
CR No. 08-59(B)-GW
GOVERNMENT’S REQUEST FOR JUDICIALNOTICE OF RECENT FCPA SENTENCING;EXHIBITS
Sent. Date: April 29, 2010Sent. Time: 9:30 a.m.
Plaintiff United States of America, through its counsel of
record, the United States Attorney’s Office for the Central
District of California, and the Fraud Section, United States
Department of Justice, Criminal Division, hereby requests that
the Court take judicial notice that on April 19, 2010, defendant
Charles Paul Edward Jumet (“Jumet”) was sentenced to 87 months in
prison for paying approximately $200,000 in bribes to former
Panamanian government officials to secure maritime contracts in
Case 2:08-cr-00059-GW Document 343 Filed 04/20/10 Page 1 of 3
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1 Jumet also pled guilty to making a false statement to lawenforcement officers.
2
violation of the Foreign Corrupt Practices Act (“FCPA”)1. United
States v. Jumet, Cr No. 09-397-HEH EDVA. This request is made in
effort to ensure that the Court is kept current with respect to
the FCPA sentencing landscape as it relates to the criminal
prosecution of individuals so as avoid unwarranted disparities in
sentencings. A copy of the Plea Agreement and Statement of Facts
in the Jumet case is attached hereto as Exhibit A. In addition,
the government has updated, and attached hereto as Exhibit B, a
revised Appendix B to the government’s previously-filed
supplemental memorandum regarding the sentencings of defendant
GERALD GREEN and defendant PATRICIA GREEN (entitled, “Sentences
of Persons Who Pled Guilty to FCPA Violations Since 2000"),
updated to reflect this recent FCPA sentence.
As set forth in Exhibit A, from approximately 1997 through
July 2003, Jumet and others conspired to pay money secretly to
Panamanian government officials in exchange for awarding
contracts to Ports Engineering Consultants Corporation (PECC) to
maintain lighthouses and buoys along Panama's waterway. Jumet, a
United States Citizen, was Vice President, and later President,
of PECC. Jumet admitted that he and others authorized corrupt
payments to be made to the Panamanian government officials. In
total, Jumet and others caused corrupt payments of more than
$200,000 to be paid to the former administrator and the former
deputy administrator of the Panama Maritime Authority and to a
Case 2:08-cr-00059-GW Document 343 Filed 04/20/10 Page 2 of 3
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former high-ranking elected executive official of the Republic of
Panama. In addition to violating the FCPA, Jumet also made a
false statement to federal agents about a "dividend" check
payable to the bearer in the amount of $18,000 that was endorsed
and deposited into an account belonging to the high-ranking
elected Panamanian government official.
The government notes that Jumet’s sentence of 87 months
imprisonment is not reflective of any cooperation.
DATED: April 20, 2010 Respectfully submitted,
ANDRÉ BIROTTE JR.United States Attorney
CHRISTINE C. EWELLAssistant United States AttorneyChief, Criminal Division
/s/ BRUCE H. SEARBYAssistant United States AttorneyJONATHAN E. LOPEZSenior Trial AttorneyUnited States Department of Justice, Fraud Section
Attorneys for PlaintiffUNITED STATES OF AMERICA
Case 2:08-cr-00059-GW Document 343 Filed 04/20/10 Page 3 of 3
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 1 of 23
EXHIBIT A-I TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
EXHIBIT A-I TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
EXHIBIT A-I TO
GOVERNMENT'S REQUEST FOR JUDICrAL NOTICE
EXHIBIT A-I TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 2 of 23
Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 1 of 13
IN THE UNITED STATES DISTRlCT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
UNITED STATES OF AMERICA,
v.
RICHMOND DIVISION
)
) ) CRIMINAL NO. )
CHARLES PAUL EDWARD JUMET, ) )
Defendant. )
PLEA AGREEMENT
NOV 1 3 2009
DanaJ. Soenlc, Acting United Slales Anomey forthe Eastern District of Virginia, the United
States Department of Justice. Criminal Division, Fraud Section, Michael Dry, Assistant United
States Attorney, Rina C. Tucker Hams, Trial Auomey, the defendant, Charles Paul Edward Jumcl.
and the defendant 's counsel have entered into an agreement pursuant to Rule 11 of the Federal Rules
of Criminal Procedure (the "plea agreement") . The tenns of the plea agreement are as follows:
I . Offense and Maximum Penalties
The defendant agrees to waive indictment and plead guilty to a two-count criminal
information charging the de fendant with conspiracy to violate Jaws of the United States in violation
o f Title 18. United States Code. Scction 371 . namely the Fon.:ign Corrupt Pract ices Act (15 U.S.C.
§§ 78dd· l . ~ ~). and making a false statement in violation of Title 18. United States Code.
Section 100 I (3)(2). The max imum penalties for the conspiracy charge are a maxi mum term afrive
years ' imprisonment. a fi ne of S250.000 or twice the pecuniary gain or loss resu lt ing from the
offense. whichever is greater. 3 spec ial assessmem ofSI 00.00. and three years supervised release.
The maximum penalt ies ro r the false Sl<lIement charge arc a maximum IcnTI o f 5 years o f
Case 3:09-cr-00397 -HEH Document 6 Filed 1111312009 Page 1 of 13
IN THE UNITED STATES DISTRlCT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
UNITED STATES OF AMERtCA,
v.
RICHMOND DIV ISION
) ) ) CRIMINAL NO. )
CHARLES PAUL EDWARD JUMET, ) )
Defendant . )
PLEA AGREEMENT
NOV 1 3 2009
DanaJ. Boenle, Acting United Slales Atlorney forthe Eastern District o f Vi rginia, the United
States Department of Justice, Crimi nal Division, Fraud Section, Michael Dry, Assistant United
States Attorney. Rina C. Tucker Hams. Tria l Auomcy. the defendant, Charles Paul Edward Jumcl ,
and the defendant 's counsel have enlered into an agreement pursuant to Rule 11 of the Federal Rules
of Criminal Procedure (the "plea agreement") . The tenns of the plea agreement are as follows:
l. Offense and Maximu m Pena lties
The defendant agrees to waive indictment and plead gu ilty to a two-count criminal
information charging the de fendant with conspimcy to violate laws oCthe Un ited States in violation
of Tit le 18. United States Code. Scction 371 . namely the Foreign Corrupt Pract ices Act (15 U.S.C.
§§ 78dd~ I. s:L ~). and mak ing a fal se statement in violation of Title 18. United States Code,
Section 1001 (a)(2). The maximum penailics for the conspiracy charge arc a maxi mum tcrm arrive
years ' imprisonment. a rine or S250.000 or tw icc the pecuniary ga in or loss result ing from Ihe
offense. whichever is grealer. a special aJ:isessment ofS\ 00.00. and three years supervised release .
The maximum penalties ror the false st.llcmenl charge arc a ma.ximum IcnTI o f 5 years of
Case 3:09-cr-00397-HEH Document 6 Filed 11/13/2009 Page 1 of 13
IN THE UNtTED STATES DISTRlCT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
UNITED STATES OF AMERICA,
v.
RICHMOND DIVISION
) ) ) CRIMINAL NO. )
CHA RLES PAUL EDWARD JUMET, ) )
Defendant. )
PLEA AGREEMENT
NOV 1 3 2009
Dana 1. Boenlc, Acting United Siales Anomey farthe Eastern District of Virginia, the United
Slales Department of Justice, Criminal Division, Fraud Section, Michael Dry, Assistant United
States Attorney, Rina C. Tucker Hams. Trial Anomey, Ihe defendant, Charles Paul Edward Jumcl ,
and the defendant's counsel have enlered into an agreement pursuant to Rule 11 of the Federal Rules
of Criminal Procedure (the "plea agrecmcnC') . The tenns oCthe plea agreement are as follows:
l. Offense nod Maximum Penalties
The defendant agrees to wai ve indictment and plead guilty to a two-count criminal
information charging the defendant wi th conspiracy to violate laws of the United States in violation
of Tit le 18. United Stales Code. Scction 371 . namc1y the Foreign Corrupt Prdctices Act (IS V.S.C".
§§ 78dd· l. £k ~). and making a fal se statement in violation of Title 18. United States Code,
Section 100 I (a)(2). The maximum penal ties for the conspiracy charge are a maximum tcrm of rive
years ' imprisonmcnt. a fine of S250.000 or twicc thc pecuniary gain or loss resulting from the
offense. whichever is greater. a special assessment of$1 00.00. and three years supervised release.
Thc Olaximum penalties ror the false sl<llcmcnt charge arc a maximuOl IcnTI o f 5 years of
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 1 of 13
IN THE UNtTED STATES DISTRlCT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
UNITED STATES OF AMERICA,
v.
RICHMOND DIVISION
) ) ) CRIMINAL NO. )
CHARLES PAUL EDWARD JUMET, ) )
Defendant. )
PLEA AGREEMENT
NOV 1 3 2009
Dana 1. Boenlc, Acting United Siales Auorney farthe Eastern District of Vi rginia, the United
Stales Department of Justice, Criminal Division, Fraud Section, Michael Dry, Assistant United
States Attorney, Rina C. Tucker Hams. Tria l Anomey, the defendant, Charles Paul Edward Jumcl,
and the defendant's counsel have enlered into an agreement pursuant to Rule 11 of the Federal Rules
of Criminal Procedure (the "plea agrecmcnC') . The tenns oCthe plea agreement are as follows:
l. Offense nod Maximum Penalties
The defendant agrees to waive indictment and plead gu ilty to a two-count criminal
information charging (he de fendant wi th conspiracy to violate laws of the United States in violation
of Tit le 18. United Stales Code. Section 371. namely the Foreign Corrupt Prdct ices Act (IS V.S.c.
§§ 78dd· l. £h ~). and making a fal se statement in violation ofTi t!e 18. United States Code,
Section 100 I (3)(2). The maximum penalties for the conspi racy charge are a maximum tcrm of rive
years ' imprisonment. a fine of S250.000 or twice the pecuniary ga in or loss resulti ng from the
offense. whichever is greater. a special assessment of$1 00.00. and three years supervised release.
Thc maximum penalties ror the false sl<llement charge are a maximum IcnTI o f 5 years of
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 3 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 2 of 13
imprisonment, a fine of $250,000, a special assessment of $100.00, and three years supervised
release. The defendant understands that this supervised release leon is in addition to any prison tenn
the defendant may receive, and that a violation of a leon of supervised release could result in the
defendant being returned to prison for the full tel7ll of supervised release.
2. Detention Pending SentenCing
The defendant understands that this case is governed by Title 18, United States Code,
Sections 3143(a)(2} and 3145(c). These provisions provide that a judicial officer shall order that a
person who has been found guilty of an offense of this kind be detained unless there are statutory
just ifications why such person's detention would not bc appropriate.
3. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offenses. The defendant admits the facts set forth in the statement of facts attached to this plea
agreement and agrees that those facts establish his gu ilt of the offenses charged beyond a reasonable
doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a
st ipulation of facts for purposes of Section I B 1.2(a) of the Sentencing Guidelines.
4. Assistance and Advice of Counsel
The defendant is satisfied that the defendant 's attomey has rcndered effecti ve assistance. The
defendant understands that by entering into this plea agreement, defendant surrenders certain rights
as provided in this plea agreement. The defendant understands that the rights of cri minal defendants
include the following:
a. the right to plead not gui lty and to persist in that plea;
b. the right to ajury triul:
2
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 2 of 13
imprisonment. a fine of $250,000, a special assessment of $1 00.00, and three years supervised
release. The defendant understands that this supervised release lenn is in addition to any prison term
the defendant may receive, and that a v iolation of a term of supervised release could result in the
defendant being returned to prison for the full term of supervised release.
2. Detention Pending Sentencing
The defendant understands that this case is governed by Title 18, United States Code,
Sections 3143(a)(2) and 31 45(c). These provisions provide that a judicial officer shall order that a
person who has been found guilty of an offense of this kind be detained unless there are statutory
just ifications why such person's detention would not be appropriate.
3. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offenses. The defendant admi ts the facts set fonh in the statement of facts attached to this plea
agreement and agrees that those facts establish his guilt of the offenses charged beyond a reasonable
doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a
st ipulation of facts for purposes of Section I B 1.2(a) of the Sentencing Guidelines.
4. Assistance and Advice of Counsel
The defendant is satisfied that the defendant 's auomey has rendered effective assistance. The
defendant understands that by entering into this plea agreement, defendant surrenders certain rights
as provided in this plea agreement. The defendant understands that the rights ofcriminal defendants
include the following;
a. the right to plead not guilty and to persist in that plea;
b. Ihe right to aj ury trial:
2
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 2 of 13
imprisonment. a fine of $250,000, a special assessment of $1 00.00, and three years supervised
release. The defendant understands that this supervised release lenn is in addition to any prison term
the defendant may receive, and that a v iolation of a term of supervised release could result in the
defendant being returned to prison for the full term of supervised release.
2. Detention Pending Sentencing
The defendant understands that this case is governed by Title 18, United States Code,
Sections 3143(a)(2) and 3145(c). These provisions provide that a judicial officer shall order that a
person who has been found guilty o f an offense o f this kind be detained unless there are statutory
justifications why such person's detention would not be appropriate.
3. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact gui lty of the charged
offenses. The defendant admi ts the facts set forth in the statement of facts attached to this plea
agreement and agrees that those facts establish his guilt of the offenses charged beyond a reasonable
doubt. The statement of facts. which is hereby incorporated into this plea agreement, constitutes a
st ipulation of facts for purposes of Section 1 B 1.2(a) of the Sentencing Guidelines.
4. Assistance and Advice of Counsel
The defendant is satis fied that the defendant 's altomey has rendered effective assistance. The
defendant understands that by entering into this plea agreement, defendant surrenders certain rights
as provided in this plea agreement. The defendant understands that the rights ofcri minal defendants
include the following;
a. the right to plead not guihy and to persist in that plea;
b. the right to ajury trial:
2
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 2 of 13
imprisonment. a fine of $250,000, a special assessment of $1 00.00, and three years supervised
release. The defendant understands that this supervised release lenn is in addition to any prison term
the defendant may receive, and that a v iolation of a lenn of supervised release could result in the
defendant being returned to prison for the full term of supervised release.
2. Detention Pending Sentencing
The defendant understands that this case is governed by Title 18, United States Code,
Sections 3143(a)(2) and 3145(c). These provisions provide that a judicial officer shall order that a
person who has been found guilty of an offense o f this kind be detained unless there are statutory
just ifications why such person's detention would not be appropriate.
3. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offenses. The defendant admits the facts set forth in the statement of facts attached to this plea
agreement and agrees that those facts establish his guilt of the offenses chaTged beyond a reasonable
doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a
st ipulation of facts for purposes of Section I B 1.2(a) of the Sentencing Guidelines.
4. Assistance and Advice of Counsel
The defendant is satis fied that the defendant 's atlomey has rendered effective assistance. The
defendant understands that by entering into this plea agreement, defendant surrendeTs certain rights
as provided in this plea agreement. The defendant understands that the rights ofcTiminal defendants
include the following;
a. the right to plead not guilty and to persist in that plea;
b. the right to ajury trial:
2
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 4 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 3 of 13
c. the right to be represented by counsel - and if necessary have the court
appoint counsel - at trial and at every other stage of the proceedings; and
d. the right at trial to confront and cross-examine adverse witnesses, to be
protected [rom compelled self·incrimination, to testify and present evidence,
and to compellhe artendance of witnesses.
S. Role ofth e Court and the Probation Office
The defendant understands that the Court has jurisdict ion and authority to impose any
sentence within the statu lOry maximum described above but that the Court will determine the
defendant's actual sentence in accordance with Title J 8, United States Code, Section 3553(a). The
defendant understands that the Court has not yet detemlined a sentence and that any estimate of the
advisory sentencing range under the U.S. Sentencing Commiss ion's Sentencing Guidelines Manual
the defendant may have received from the defendant's counsel , the United States, the Probation
Office, or anyone else, is a prediction, not a promise, and is not binding on the United States, the
Probation Office, or the Court. Additionally. pursuant to the Supreme Coun's deciSion in U"iled
Slates \'. Booker, 543 U,S. 220,125 S. Ct. 738 (2005), the Court, after considering the factors set
forth in Tit le 18, Un ited States Code, Sect ion 3553(a), may impose a sentence above or below the
advisory sentencing range, subject only to review by higher courts for reasonableness. The United
States makes no promise or representation concerning what sentence the defendant will receive, and
the defendant cannot withdraw a guilty plea based upon the actual sen tence imposed.
Fu rther, in accordance with Rule 11 (c)( I )(8) of the Federal Rules of Criminal Procedure, the
United States and the defendant agree that the 2008 SentenCing Guidelines apply in this case and
that, provided the defendant cnters a plea of guilty to the Information and othcm'ise meets his
)
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 3 of 13
c. the right to be represented by counsel - and if necessary have the court
appoint counsel - al trial and at every other stage of the proceedings~ and
d. the right at trial to confront and cross-examine adverse witnesses, to be
protected [rom compelled self-inc rimination. 10 testify and present evidence.
and to compel the attendance of witnesses .
S. Role oftht Cour( and the Probation Oflicc
The defendant understands that the Court has jurisdiction and authority to impose any
sentence within the statu lOry maximum described above but thaI the Court will determine the
defendant's actual sentence in accordance with Title J 8, United States Code, Section 3553(a). The
defendant understands that the Court has not yet delemlined a sentence and that any estimate of the
advisory sentencing range under the U.S. Sentencing Commiss ion's Sentencing Guidelines Manual
the defendant may have received from the defendant 's counsel, the United States, the Probation
Office, or anyone else, is a prediction, not a promise, and is not binding on the United States, the
Probation Office, or the Court. Additionally, pursuant to the Supreme Coun's decision in United
Slates l'. Booker, 543 U.S. 220,125 S. Cl. 738 (2005), the COllrt, after considering the factors set
forth in Title 18, United States Code, Sect ion 3553(a), may impose a sentence above or below the
advisory sentencing range, subject only to review by higher courts for reasonableness. The United
States makes no promise Or representation concerning what sentence the defendant wil) receive, and
the defendant cannol withdraw a gui lty plea based upon the actual sen tence imposed.
Further, in accordance with Rule II (c)( J )(8) of the Federal Rules of Criminal Procedure, the
United States and the defendant agree that the 2008 Sentencing Guide lines apply in this case and
that, provided the defendant enters a plea of guilty to the Information and otherwise meets his
3
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 3 of 13
c. the right to be represented by counsel - and if necessary have the court
appo int counsel - at trial and at every other stage of the proceedings~ and
d. the right at trial to confront and cross-examine adverse witnesses, to be
protected [rom compelled self-incrimination. 10 testify and present evidence.
and to compel the attendance of witnesses.
S. Role ofthe Court and the Probation Oflicc
The defendant understands that the Court has jurisdiction and authority to impose any
sentence within the statutory maximum described above but lhat the Court will determine the
defendanl ' s actual sentence in accordance with Title 18, United States Code, Section 3553(a). The
defendant understands that the Court has not yet delcmlined a sentence and that any estimate of the
advisory sentencing range under the U.S. Sentencing Commiss ion ' s Sentencing Guidelines Manual
the defendant may have received from the defendant's counsel, the United States, the Probation
Office, or anyone else, is a prediction, not a promise, and is nol binding on the Uni ted States, the
Probation Office, or the Court. Additionally. pursuant to the Supreme Coun's decision in United
Slate.s l'. Booker, 543 U,S, 220,125 S. Cl. 738 (2005), Ihe COllrt, after considering the factors set
forth in Title 18, Un ited States Code. Sect ion 3553(a), may impose a sentence above or below the
advisory sentencing range. subject only to review by higher courts for reasonableness. The United
States makes no promise or representation concerning what sentence the defendant wi1l receive, and
the defendant cannol withdraw a guilty plea based upon the actual sentence imposed.
Further, in accordance with Rule II (c)( J )(8) of the Federal Rules of Criminal Procedure, the
United Slates and the derendant agree that the 2008 Sentencing Guide lines apply in this case and
that, provided the defendant enters a plea of guilty to the Information and otherwise meets his
3
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 3 of 13
c. the right to be represented by counsel - and if necessary have the court
appoint counsel - at trial and at every other stage of the proceedings~ and
d. the right at trial to confront and cross-examine adverse witnesses, to be
protected [rom compelled self·incriminalion, 10 testify and present evidence.
and to compel the attendance of witnesses.
S. Role ofthe Court and the Probation Oflicc
The defendant understands that the Court has jurisdiction and authority to impose any
sentence within the statutory maximum described above but lhat the Court will determine lhe
defendanl 's actual sentence in accordance with Title 18, United States Code, Section 3553(a). The
defendant understands that the Court has not yet detemlined a sentence and that any estimate of the
advisory sentencing range under the U.S. Sentencing Commission 's Sentencing Guidelines Manual
the defendant may have received from the defendant 's counsel, the United States, the Probation
Office, or anyone else, is a prediction, not a promise, and is not binding on the United States, the
Probation Office, or the Court. Additionally, pursuant to the Supreme Coun's decision in United
Slate.s l'. Booker, 543 U,S. 220,125 S. Cl. 738 (2005), the COllrt, after considering the factors set
forth in Title 18, United States Code, Section 3553(a), may impose a sentence above or below the
advisory sentencing range. subject only to review by higher courts for reasonableness. The United
States makes no promise Or representation concerning what sentence the defendant will receive, and
the defendant cannot withdraw a guilty plea based upon the actual sentence imposed.
Further, in accordance with Rule 11 (c)( J )(8) of the Federal Rules of Criminal Procedure, the
United Slates and the defendant agree that the 2008 Sentencing Guidelines apply in this ease and
that, provided the defendant enters a plea of guilty to the Information and otherwise meets his
3
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 5 of 23
Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 4 of 13
obligations under this agreement, the United Stales and the defendant win recommend to the Court
thai the following provisions of the sentencing guidelines apply with respect to the conspiracy
offense, which is Count One of the Criminal lnfonnation:
Base Offense Level
OfTensc involved more than one bribe
value of payment is more than $200,000 but not greater than $400,000
12
2
12
Offense involved an elected public official 4 or any public officia l in a high-level decision-making
Obstruction or Impeding Administration of Justice 2
U.s.S.G. § 2CI.I (a)(2)
U.S.S.G. § 2CI. I(b)(l )
U.S.S .G. § 2CI.I(b)(2)
U.S.S.G. § 2CI.I (b)(3)
U.S.S.G. § 3C I.I
Provided the defendant proceeds to enter a plea of gu ilty under this plea agreement and
provides a sworn, truthful financial statement regarding his ability to pay a fine, the United States
and the defendant agree that the defendant has assisted the government in the investigation and
prosecution of the defendant's own misconduct by timely notifying authorities of the defendant's
intention to enter a pica of gu ilty, thereby pemlitl ing Ihe govenunent to avoid preparing for trial and
pernlitting the govemmcnt and the Court to allocate their resources efficient ly. If the defendant
qualifies fo r a two· level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the offense
level prior to the operation of Ihat section is a level 16 or grealer, the government agrees 10 file.
pursuant to U.S.S.G. § 3E 1.1 (b), a mot ion prior to, or at the time of, sentencing for an additional
one-level decrease in the defendant 's offense level.
"y. Waiver of Appenl. fOIA and Privacy Act Rights
The defendant also understands that Title 18, United States Code, Section 3742 affords a
defendanllhe right to appeal {hc sentence imposed. Nonctheless, the defendant knowingly waives
4
Case 3:09-cr-00397 -HEH Document 6 Filed 11/13/2009 Page 4 of 13
obligations under this agreement. lhe United States and the defendant win recommend to the Court
thai the following provisions of the sentencing guidelines apply with respect to the conspiracy
offense, which is Count One of the Criminallnfonnation:
Base Offense Level
OfTensc involved more than one bribe
value of payment is more than $200,000 bUI not greater than $400,000
12
2
12
Offense involved an elected public o ffic ial 4 or any public officia l in a high-level decision-making
Obstruction or Imped ing Administration of Justice 2
U.S.S.G. § 2CI.I(a)(2)
U.s .S .G. § 2CI.I(bXI)
U.S.S .G. § 2CI.I (b)(2)
U.S.S .G. § 2CI.I(bX3)
U.S.S.G. § 3CI.I
Provided the defendant proceeds to enter a plea of guilty under this plea agreement and
provides a sworn, truthful financial statement regarding his ability to pay a fine, the United States
and the dcfendant agree that the defendant has assisted the government in the investigation and
prosecution of the defendant 's own misconduct by timely notifying authorities of the defendant's
intention to enter a pica of guilty. thereby pemliu ing the govenllnentto avoid preparing for trial and
pemlitling the govemmcnl and the Court to allocate their resources efficiently. If the defendant
qua lifies fo r a two·level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the offense
level prior to the operation of that section is a level 16 or greater, the government agrees to file,
pursuant to U.S.S.G. § 3E 1.1 (b), a motion prior to , or at the time of, sentencing for an additional
one-level decrease in the defendant 's offense level .
,y. Waiver of Appeal, fOIA and Privacy Act Righu
The defendant also understands that Ti tle 18. United States Code, Seclion 3742 affords a
defendant the right to appeal {he sentence imposed. Nonetheless. the defendant knowingly waives
4
Case 3:09-cr-00397 -HEH Document 6 Filed 11/13/2009 Page 4 of 13
obligations under this agreemem. the United States and the defendant wil1 recommend 10 the Court
thai the following provisions of the sentencing guidelines apply with respect 10 the conspiracy
offense, which is Count One of the Criminallnfonnation:
Base Offense Level
OfTensc involved more than onc bribe
value of payment is more than $200,000 bUI not greater than $400,000
12
2
12
Offense involved an elected public official 4 or any public officia l in a high-level decision-making
Obstruction or Impeding Administration of Justice 2
U.S.S.G. § 2CI.I(a)(2)
U.s .S.G. § 2CI.I(b)(l)
U.S.S .G. §2CI.I(b)(2)
U.S.S .G. § 2CI.I(b)(3)
U.S.S .G. § 3CI. I
Provided the defendan t proceeds to enter a plea of guilty under this plea agreement and
provides a sworn, truthful financial statement regarding his ability 10 pay a fine, the United States
and the defendant agree that the defendant has assisted the government in the investigation and
prosecution of the defendant's own misconduct by timely notifying authorities ofLhe defendant's
intention to enter a pica of guilty, thereby pemliuing the govemment to avoid preparing for lrial and
pemliuing the govemment and the Court to allocate their resources efficiently. If the defendant
qualifies fo r a two- level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the olTense
level prior to the operation of that section is a level 16 or grealer, the government agrees to file,
pursuant to U.S.S.G. § 3E 1.1 (b), a motion prior to, or at the lime of, sentencing for an additional
one-level decrease in the defendanl's offense level.
(, r Waiver of Appeal. fOJA and Privacy Act Rights
The defendant also understands that Title 18. United Stales Code, Section 3742 affords a
defendant Ihe right 10 <Ippeallhc sentence imposed. Nonetheless, the defendant knowingly waives
4
Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 4 of 13
obligations under this agreemem. the United States and the defendant wil1 recommend 10 the Court
thai the following provisions of the sentencing guidelines apply with respect 10 the conspiracy
offense, which is Count One of the Criminallnfonnation:
Base Offense Level
OfTensc involved more than one bribe
value of payment is more than $200,000 bUI not greater than $400,000
12
2
12
Offense involved an elected public official 4 or any public official in a high-level decision-making
Obstruction or Impeding Administration of Justice 2
U.S.S.G. § 2CI.I(a)(2)
U.s .S .G. § 2CI.I(b)(l)
U.S.S .G. § 2CI.I(b)(2)
U.S.S.G. § 2CI.I(b)(3)
U.S.S.G. § 3CI.I
Provided the defendan t proceeds to enter a plea of guilty under this plea agreement and
provides a sworn, truthful financial statement regarding his ability 10 pay a fine, the United States
and the defendant agree that the defendant has assisted the government in the investigation and
prosecution of the defendant's own misconduct by timely notifying authorities ofLhe defendant's
intcntion to enter a plea of guilty, thereby pemliu ing the govemment to avoid preparing for lrial and
pernliuing the govemmcnt and the Court to allocate their resources efficiently. If the defendant
qualifies for a two-level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the offense
level prior to the operation of that section is a Icvel 16 or grealer, the government agrees to file,
pursuant to U.S.S.G. § 3E 1.1 (b), a motion prior to, or al the lime of, sentcncing for an additional
one-level decrease in thc defendant's offense level.
(, r Waiver of Appeal. fOJA and Privacy Act Righu
The defendant also understands that Title 18. United Stales Code, Section 3742 affords a
defcndanllhe right 10 <Ippeallhe sentence imposed. Nonetheless, the defendant knowingly waives
4
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 6 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 5 of 13
tbe right La appeal the conviction and any sentence within the statutory maximum described above
(or the manner in which that sentence was determined) on the grounds set forth in Title 18, Un ited
States Code, Section 3742 or on any ground whatsoever, in exchange for the concessions made by
the Un ited Slales in this plea agreemenl. This agreement does nol affect the rights or obligations of
the United States as sel forth in T itle 18, United States Code, Section 3742(b}. The defendant also
hereby waives all rights, whether asserted directly or by a representative, to request or receive from
any department or agency of the Uni ted States any records pertaining 10 the investigation or
prosecutio n of this case, includ ing without limitation any records that may be sought under the
Freedom of Information Act. Title 5, United States Code, Section 552, or the Privacy Act.. Title 5,
United States Code, Section 552a.
1 . ,1. Waiver of DNA Testing
The defendant also understands that Title 18, United States Code, Section 3600 affords a
defendant the right to request DNA testing of evidence after conviction . Nonetheless, the
defendant knowingly waives that right. The defendant further understands that
this waiver applies to DNA testing of any items of evidence in this case that could be subjected
to DNA testing. and that the waiver forecloses any opportunity to have evidence submitted for
DNA testing in this case or in any post-conviction proceeding for any purpose, including to
support a claim of innocence to the charges admitted in this plea agreement.
Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special assessment
of one hundred dollars ($100.00) per count of conv iction for a total of two hundred dollars
($200.00).
5
Case 3:09-cr-00397-H EH Document 6 Filed 11 /13/2009 Page 5 of 13
tbe right LO appeal the conviction and any sentence within lhe statutory maximum described above
(or the manner in which that sentence was dClennined) on the grounds set forth in Tit le 18. Un ited
States Code, Section 3742 or on any ground whatsoever, in exchange for the concessions made by
the United Slales in thi s plea agreement. This agreement does nol affect the rights or obligations of
the United States as sel forth in Title 18, United States Code, Section 3742(b). The defendant also
hereby waives all rights, whether asserted directly or by a representative, to request or receive from
any department or agency of the United States any records pertaining to the investigation or
prosecution of this case, including without limitation any records that may be sought under the
Freedom of Information Act. Title 5, United States Code, Section 552, or the Privacy Act, Title 5,
United States Code, Section 5528.
I . A. Waiver of DNA Testing
The defendant also understands that Title 18, United States Code, Section 3600 affords a
defendant the right to request DNA testing of evidence after conviction. Nonetheless, the
defendant knowingly wai ves that right. The defendant further understands that
this wai ver applies to DNA testing of any items of evidence in this case that could be subjected
to DNA testing, and lhal the waiver forecloses any opportunity to have evidence submitted for
DNA testing in this case or in any post-convi ction proceeding for any purpose, includ ing to
support a claim of innocence \0 the charges admitted in this plea agreement.
Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special assessment
of one hundred dollars ($1 00.00) per count of conviction for a 10lal of Iwo hundred dollars
($200.00).
5
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 5 of 13
tbe right LO appeal the conviction and any sentence within lhe statutory maximum described above
(or the manner in which that sentence was dClcnnined) on the grounds sct fonh in Title 18. United
States Code, Section 3742 or on any ground whatsoever, in exchange for the concessions made by
the United Slales in this plea agreement This agreement does nol affect the rights or obligations of
the United States as sel forth in Title 18, United States Code, Section 3742(b). The defendant also
hereby waives all rights, whether asserted directly or by a representative, to request or receive from
any department or agency of the Uni ted Slates any records pertaining to the investigation or
prosecution of this case, inclUding without limitation any records that may be sought under the
Freedom of InfOlmation Act. Title 5, United States Code, Section 552, or the Privacy Act, Title 5,
United States Code, Section 552a.
"l.A. Waiver of DNA Testing
TIle defendant also understands that Title 18, United States Code, Section 3600 affords a
defendant the right to request DNA testing of evidence after conviction. Nonetheless, the
defendant knowingly waives that right. The defendant further understands thai
Ihis waiver applies to DNA testing of any items of evidence in this case that could be subjected
to DNA testing, and thaI the waiver forecloses any opponunity to have evidence submitted for
DNA testing in this case or in any post-conviction proceeding for any purpose, includ ing to
support a claim of innocence to the charges admitted in this plea agreement.
Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special assessment
of one hundred dollars ($100.00) per COUIlI of conviction for a lotal of two hundred dollars
(;200.00).
5
Case 3:09-cr-00397-H EH Document 6 Filed 11 /13/2009 Page 5 of 13
tbe right La appeal the conviction and any sentence within lbe statutory maximum described above
(or the manner in which that sentence was dClcnnined) on the grounds sct fonh in Title 18. United
States Code, Section 3742 or on any ground whatsoever, in exchange for the concessions made by
the Un ited Slales in thi s plea agreement This agreement does nol affect the rights or obligations of
the United States as sel forth in Title 18, United States Code, Section 3742{b). The defendant also
herehy waives all rights, whether asserted directly or by a representative, to request or receive from
any department or agency of the United Slates any records pertaining to the investigation or
prosecution of this case, inclUding without limitation any records that may be sought under the
Freedom of InfOlmation Act. Title 5, United States Code, Section 552, or the Privacy Act, Title 5,
United States Code, Section SS2a.
"l.A. Waiver of DNA Testing
TIle defendant also understands that Title 18, Uni ted States Code, Section 3600 affords a
defendant the right to request DNA testing of evidence after conviction. Nonetheless, the
defendant knowingly waives that right. The defendant further understands that
this wai ver applies to DNA testing of any items of evidence in this case that could be subjected
to DNA testing, and lhal the waiver forecloses any opponuni ty to have evidence submitted for
DNA testing in thi s case or in any post-conviction proceeding for any purpose, includ ing to
support a claim of innocence to the charges admitted in this plea agreement.
Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special assessment
of one hundred dollars ($100.00) per COUll! of conviction for a 10lal of two hundred dollars
(;200.00).
5
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 7 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 6 of 13
Q~' ~ . .;t. Payment of Monetary Penalties
The defendant further undcrsl.ands and agrees that, pursuant to Tille IB, United Slales Code,
Section 3613, whatever monetary penalties 3TC imposed by the Court will be due and payable
immediately and subject to immediate enforcement by the United States as provided for in Section
3613. Furthennore. the defendant agrees to provide all of his financial infonnation to the United
States and the Probation Office and. if requested. to participate in a pre-sentencing debtor's
examination. If the Court imposes a schedule of payments, the defendant understands that the
schedule of payments is merely a minimum schedule of payments and not the only method, nor a
limitation on the methods, available to the United Slates to enforce the judgment. If the defendant
is incarcerated, the defendant agrees to participate in the Bureau of Prisons' Inmate Financial
Responsibility Program, regardless of whether the Court speci fically directs participation or imposes
a schedule of payments.
IO~ Immunity from Further Prosecution in Ibis District
The United States will not further criminally prosecute the defendant in the Eastern District
of Virginia or elsewhere for the specific conduct described in the information or statement offacts.
ll~~ Defendant's Cooperation
The defendant agrees to cooperate fully and truthfully with the United States, and provide
all information known to the defendant regarding any criminal activity as requested by the
government. In that regard:
a. The defendant agrees to testify truthfully and completely at any grand juries,
trials or other proceedings.
b. The defendant agrees to be reasonably available fo r debriefing and pre-trial
6
Case 3:09-cr-00397-HEH Document 6 Filed 11 11312009 Page 6 of 13
Q~' ~ . ~. Payment of Moneta ry Penalties
The defendant fun her understands and agrees that, pursuant to Title 18, United Slales Code,
Section 3613, whatever monetary penalties are imposed by the Court will be due and payable
immediately and subject to immediate enforcement by the United States as provided for in Section
3613. Furthennore. the de fendant agrees to provide all of his financial infonnation to the United
States and the Probation Office and. if requested, to participate in a pre-sentencing debtor 's
examination. If the Coun imposes a schedule of payments, the defendant understands that the
schedule of payments is merely a minimum schedule of payments and not the only method, nor a
limitation on the methods, available to the United Slales to enforce the judgment. If the defendant
is incarcerated, the defendant agrees to participate ill the Bureau of Prisons ' Inmate Financial
Responsibility Program, regardless of whether the Court speci fically directs participation or imposes
a schedule of payments.
IO~ Imm unity from Further Prosecution in Ibis District
The United States will not further criminally prosecute the defendant in the Eastern District
of Virginia or elsewhere for the specific conduct described in the information or statement offaets .
ll~~ Defendant's Cooperat ion
The defendant agrees to cooperate fully and truthfully with the United Stales, and provide
all infonnation known to the defendant regarding any criminal activity as requested by the
government . In that regard:
a. The defendant agrees to tcstify truthfully and completely at any grand juries,
trials or other proceedings.
b. The defendant agrees to be reasonably available for debriefing and pre-lrial
6
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 6 of 13
Q~ ~. ;to Payment of Monetary Penalties
The defendant funher understands and agrees that, pursuant to Title 18, Uni ted Slales Code,
Section 3613. whatever monetary penalties are imposed by the Court will be due and payable
immediately and subject to immediate enforcement by the United States as provided for in Section
3613. Funhennore. the defendant agrees to provide all of his financial information to the United
States and the Probation Office and. if requested. to participate in a pre-sentencing debtor's
examination. If the Coun imposes a schedule of payments, the defendant understands that the
schedule of payments is merely a minimum schedule of payments and not the only method, nor a
limitation on the methods. available to the United Siaies to enforce the judgment. If the defendant
is incarcerated, the defendant agrees to participate in the Bureau of Prisons' Inmate Financial
Responsibi li ty Program, regardless of whether the Court speci fically directs participation or imposes
a schedule of payments.
IO~ Immunity from Further Prosecution in Ihis DistricI
The United States will not further criminally prosecute the defendant in the Eastern District
of Virginia or elsewhere for the specific conduct described in the information or statement of facts .
j Io:v.~ Defendant'S Cooperation
The defendant agrees to cooperate fully and tru thfully with the United States, and provide
all infonnation known to the defendant regarding any criminal activity as requested by the
government. In that regard:
a. The defendant agrees 10 testify truthfully and completely at any grand juries,
trials or other proceedings.
b. The defendant agrees to be reasonably available for debriefing and pre-lrial
6
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 6 of 13
Q~' ~. ;to Payment of Monetary Penalties
The defendant funher understands and agrees that, pursuant to Title 18, United Slales Code,
Section 3613. whatever monetary penalties are imposed by the Court will Ix: due and payable
immediately and subject to immediate enforcement by the United States as provided for in Section
3613. Funhennore. the defendant agrees to provide all of his financial information to the United
States and the Probation Office and. if requested, to participate in a pre-sentencing debtor's
examination. If the Coun imposes a schedule of payments, the defendant understands that the
schedule of payments is merely a minimum schedule of payments and not the only method, nor a
limitation on the methods. available to the United Slales to enforce the judgment. If the defendant
is incarcerated, the defendant agrees to participate in the Bureau of Prisons ' Inmate Financial
Responsibility Program, regardless of whether the Court speci fically directs participation or imposes
a schedule of payments.
IO~ Immunity from Further Prosecution in Ihis District
The United States will not further criminally prosecute: the defendant in the Eastern District
of Virginia or elsewhere for the specific conduct described in the information or statement of facts .
j Io:v.~ Defendant'S Cooperation
The defendant agrees to cooperate fully and tru thfully with the United States, and provide
all infonnation known to the defendant regarding any criminal activity as requested by the
government. In that regard:
a. The defendant agrees to testify truthfully and completely at any grand juries.
trials or other proceedings.
b. The defendant agrees to be reasonably available: for debriefing and pre-trial
6
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 8 of 23
Case 3:09-cr-00397 -HEH Document 6 Filed 11113/2009 Page 7 of 13
conferences as the United States may require.
c. Thcdefendant agrees to provide all documents, records, writings, or materials
of any kind in the defendant's possession or under the defendant's care,
custody, or control relating directly or indirectly to all areas of inquiry and
investigation.
d. The defendant agrees that, at the request of the United States, the defendant
will voluntarily submit 10 polygraph examinations, and that the United States
will choose the polygraph examiner and specify the procedures for the
examinations.
e. The defendant agrees that the Statement of Facts is limited to information to
support the plea. The defendant will provide more detailed facts relating to
this case during ensuing debriefings .
f. The defendant is hereby on notice that the defendant may not violate any
federal, state, or local criminal law while cooperating with the government ,
and that the government will. in its discretion, consider any such violation in
evaluating whether to file a motion for a downward departure or reduction of
sentence.
g. Nothing in this agreement places any obligation on the government to seek
the defendant's cooperation or assistance.
Use of Information Provided by the Defendant Under This Ae,reement
The United States will not use any truthful information provided pursuant to this agreement
in any criminal prosecution aga inst the defendant in the Eastern District of Virginia or elsewhere.
7
Case 3:09-cr-00397 -HEH Document 6 Filed 11113/2009 Page 7 of 13
conferences as the United States may require.
c. The defendant agrees to provide all documents, records, writings, or materials
of any kind in the defendant's possession or under the defendant 's care,
custody, or contro l relating directly or indirectly to all areas of inquiry and
investigation.
d. The defendant agrees that, at the request of the United Slates, the defendant
wi ll voluntarily submit to polygraph examinations, and that the United States
will choose the polygraph examiner and specify the procedures for the
examinations.
e. The defendant agrees that the Statement of Faets is limited to infonnation Lo
suppon the plea. The defendant will provide more detailed facts relating to
this case during ensuing debriefings .
f. The defendant is hereby on notice that the defendant may not violate any
federal, state, or local criminal law while cooperating with the government ,
and that the government will. in its discretion, consider any such violation in
evaluating whether to fi le a motion for a downward departure or reduction of
sentence.
g. Nothing in this agreement places any obligation on the government to seek
the defendant'S cooperation or assistance.
Use of Information Provided by the Defendant Under This Aereement
The United States will not use any truthful information provided pursuant to this agreement
in any criminal prosecution against the defendant in the Easlem District of Virginia or elsewhere,
7
Case 3:09-cr-00397 -HEH Document 6 Filed 11113/2009 Page 7 of 13
conferences as the United States may require.
c. The defendant agrees to provide all documents, records, writings, or materials
of any kind in the defendant's possession or under the defendant 's care,
custody, o r control relating directly or indirectly to all areas of inquiry and
investigation.
d. The defendant agrees thaI, at the request of the Uni ted States , the defendant
will voluntarily submit 10 polygraph examinations, and that the United States
will choose the polygraph examiner and specify the procedures for the
examinations.
e. The defendant agrees that the Statement of Facts is limited to infonnation La
support the plea. The defendant will provide more detailed facts retating to
this case during ensuing debriefings.
f. The defendant is hereby on notice that the defendant may not violate any
federal, state, or local criminal law while cooperating with the government,
and that the government will, in its discretion, consider any such violation in
evaluating whether to file a motion for a downward departure or reduction of
sentence.
g. NOlhing in this agreement places any obligation on the government to seek
the defendant'S cooperation or assistance.
Use of Information Provided by the Defendant Under This Aereement
The United States will not use any truthful information provided pursuant to this agreement
in any criminal prosecution against the defendant in the Easlem District of Virginia or elsewhere,
7
Case 3:09-cr-00397 -HEH Document 6 Filed 11113/2009 Page 7 of 13
conferences as the United States may require.
c. The defendant agrees to provide all documents, records, writings, or materials
of any kind in the defendant's possession or under the defendant's carc,
custody, o r control relating directly or indirectly to all areas of inquiry and
investigation.
d. The defendant agrees thaI, at the request of the Uni ted States, the defendant
will voluntarily submit 10 polygraph examinations, and that the United States
will choose the polygraph examiner and specify the procedures for the
examinations.
e. The defendant agrees that the Statement of Facts is limited to infonnation La
support the plea. The defendant will provide more detailed facts retating to
this case during ensuing debriefings.
f. The defendant is hereby on notice that the defendant may not violate any
federal, state, or local criminal law while cooperating with the government,
and that the government will, in its discretion, consider any such violation in
evaluating whether to file a motion for a downward departure or reduction of
sentence.
g. NOlhing in this agreement places any obligation on the government to seek
the defendant'S cooperation or assistance.
Use of Information Provided by the Defendant Under This Aereement
The United States will not use any truthful information provided pursuant to this agreement
in any criminal prosecution against the defendant in the Easlem District of Virginia or elsewhere,
7
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 9 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11/13/2009 Page 8 of 13
except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abetting.
a crime of violence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.
section I B 1.8, no truthful information that the defendant provides under this agreement will be used
in delennining the applicable guideline range, except as provided in section 1 B 1.8(b). Nothing in
this plea agreement, however, restricts the Court's or Probation Officer's access to infonnation and
records in the possession of the United States, Furthemlore, nothing in this agreement prevents the
government in any way from prosecuting the defendant should the defendant knowingly provide
false, untruthful. or perjurious infomlation or testimony. or from using infonnation provided by the
defendant in furtherance of ally forfeiture action, whether criminal orcivil. administrative or judicial.
The United States will bring this plea agreement and the full extent of the defendant's cooperation
to the attention of other prosecuting offices if requested. Qrf{
{3 } . Defendant Must Provide Full, Complete and Truthful Cooperation
This plea agreement is not conditioned upon charges being brought against any other
individual. This plea agreement is not conditioned upon any outcome in any pending investigation.
This plea agreement is not conditioned upon any result in any future prosecution which may occur
because of the defendant's cooperation. lllis plea agreement is not conditioned upon any result in
any future grand jury presentation or trial involving charges resulting from this investigation. This
plea a~uent is conditioned upon the defendant providing [ull, complete and truthful cooperation.
1'-1 Jj, Motion for a Downward Departure
The parties agree that the United States reserves the right to seek any departure from the
applicable sentencing guidelines, pursuant to Section SK 1.1 of the Sentencing Guidelines and Policy
Statements. or any reduction of sentence pursuant to Rule 3S(b) of the Federal Rules of Criminal
8
Case 3:09-cr-00397-HEH Document 6 Filed 11/13/2009 Page 8 of 13
except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abetting.
a crime of vio lence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.
section I B 1.8, no truthful information that the defendant provides under this agreement will be used
in delennining the applicable guideline range, except as provided in section 1 B 1.8(b). Nothing in
this plea agreement, however, restricts the Court's or Probation Officer's access to infonnation and
records in the possession of the United States, Furthemlore. nothing in this ab'Teement prevents the
government in any way from prosecuting the defendant should the defendant knowingly provide
fa lse, untruthful, or perjurious infomlation or testimony, or from using infonnation provided by the
defendant in furtherance of any forfeiture action, whether criminal orcivil. administrative or judicial.
The United States will bring this plea agreement and the full extent of the defendant's cooperation
to the attention of other prosecuting offices if requested. Qrl"{
I J }. Defendant Must Provide Full, Complete and Truthful Cooperation
This plea agreement is not conditioned upon charges being brought against any other
·i ndividual. This plea agreement is not conditioned upon any outcome in any pending investigation.
This plea agreement is not conditioned upon any result in any future prosecution which may occur
because of the defendant's cooperation. TIlis plea agreement is not condi tioned upon any result in
any future grand jury presentation or trial involving charges resulting from this investigation. This
plea a~uent is conditioned upon the defendant providing full , complete and truthful cooperation.
l'-i Jj, Motion for a Downward Departure
The parties agree that the United States reserves the right 10 seek any departure from the
applicable sentencing guidelines, pursuant to Section SK 1.1 of the Sentencing Guidelines and Policy
Statements. or any reduction of sentence pursuant to Rule 3S(b) of the Federal Rules of Criminal
8
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 8 of 13
except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abetting.
a crime of violence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.
section I B 1.8, no truthful information that the defendant provides under this agreement will be used
in delennining the app li cable guideli ne range, except as provided in section 1 B 1.8(b). Nothing in
this plea agreement, however, restricts the Court's or Probation Officer's access to infonnation and
records in the possession of the United States, Furthemlore. nothing in this ab'Teement prevents the
government in any way from prosecuting the defendant should the defendant knowingly provide
false, untruthful, or perjurious infomlation or testimony, or from using infonnation provided by the
defendant in furtherance of any forfeiture action, whether criminal orcivil. administrative or judicial.
The United States will bring this plea agreement and the full extent of the defendant's cooperation
to the attention of other prosecuting offices if requested. Qrf{
I J } . Defendant Must Provide Full, Complete and Truthful Cooperation
This plea agreement is not conditioned upon charges being brought against any other
·i ndividual. This plea agreement is not conditioned upon any outcome in any pending investigation.
This plea agreement is not conditioned upon any resu lt in any future prosecution which may occur
because of the defendant's cooperation. TIlis plea agreement is not conditioned upon any result in
any future grand jury presentation or trial involving charges resulting from this investigation. This
plea a~uent is conditioned upon the defendant providing full , complete and truthful cooperation.
l'-i 1/, Motion for a Downward Departure
The parties agree that the United States reserves the right 10 seek any departure from the
applicable sentencing guidelines, pursuant to Section SK 1.1 of the Sentencing Guidelines and Policy
Statements. or any reduction of sentence pursuant to Rule 3S(b) of the Federal Rules of Criminal
8
Case 3:09-cr-00397-HEH Document 6 Filed 11/13/2009 Page 8 of 13
except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abett ing.
a crime of vio lence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.
section I B 1.8, no truthful information that the defendant provides under this agreement will be used
in delennining the applicable guideline range. except as provided in section 1 B 1.8(b). Nothing in
this plea agreement, however, restri cts the Court's or Probation Officer's access to infonnation and
records in the possession of the United States, Furthemlore. nothing in this ab'Teement prevents the
government in any way from prosecuting the defendant should the defendant knowingly provide
false, untruth ful, or perjurious infomlation or testimony, or from using infonna tion provided by the
defendant in furtherance of any forfeiture action, whether criminal orcivil . administrative or judicial.
The United States will bring this plea agreement and the full extent of the defendant's cooperation
to the attention of other prosecuting offices if requested. Qrl"{
I J } . Defendant Must Provide Full, Complete and Truthful Cooperation
This plea agreement is not conditioned upon charges being brought against any other
·i ndiv idual. This plea agreement is not conditioned upon any outcome in any pending investigation.
This plea agreement is not conditioned upon any result in any future prosecution which may occur
because of the defendant's cooperation. 111is plea agreement is not condi tioned upon any result in
any future grand jury presentation or trial involving charges resulting from this investigation. This
plea a~uent is conditioned upon the defendant providing [ull, complete and truthful cooperation.
l'-i 1/, Motion for a Downward Departure
The parties agree that the United States reserves the right 10 seek any departure from the
applicable sentencing guidelines, pursuant to Section SK 1.1 of the Sentencing Guidelines and Policy
Statements. or any reduction of sentence pursuant to Rule 3S(b) of the Federal Rules of Criminal
8
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 10 of 23
Case 3:09-cr-00397 -HEH Document 6 Filed 11113/2009 Page 9 of 13
Procedure. if, in its sole discretion, the United States determines that such a departure or reduction
of sentence is appropriate.
r-.R QC1\l;l. ';jf ~..( The defendant consents to any motion by the United States under Rule 6(eX3XE) of the
Payment of Taxes and Filing oCTal: Returns
Federal Rules of Criminal Procedure, to disclose grandjury malerial to the Internal Revenue Service
[or use in computing and collecting the defendant's taxes, interest and penallies, and to the civil and
forfeiture sections of the United States Auomey's Office for use in identifying assets and collecting
fines and restitution . The defendant also agrees to file true and correct lax returns for the year 2004
within sixty days and to pay all taxes, interest and penalties for the year 2004 within a reasonable
time in accordance with a plan to be devised by the Probation Oflice. The defendant further agrees
to make all books. records and documents available to the Internal Revenue Service for use in
computing defendant's taxes. interest and penalties for the year 2004. ,I"...Q.of\l
~ J !15)4'. Breach of the Plea Agreement and Remedies
This plea agreement is effective when signed by the defendant, the defendant's attorney, and
an attorney for the United States, The defendant agrees to entry of this plea agreement at the date
and time scheduled with the Court by the United States (in consultation with the defendant's
attorney). If the de fendant withdraws from this pIca agreement, or commits or attempts to commit
any additional federal. Slale or local crimes. or intentionally gives materially false, incomplete, or
misleading testimony or infonnation, or otherwise vio lates any provision of this agreement, then:
a. The United States will be released from its obligations under this plea
agreement, including any Obligation to seek a downward departure or a
reduction in sentence. The defendant, however, may not withdraw the guilty
9
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 9 of 13
Procedure. if, in its sole discretion, the United States determines that such a departure or reduction
of sentence is appropriate.
rli QC1\l;l. 'jr ~.; The defendant consents to any motion by the United States under Rule 6(eX3XE) of the
Payment of Taxes and Filing of Tal: Returns
Federal Rules of Criminal Procedure, to disclose grand jury material to the Internal Revenue Service
[or use in computing and collecting the defendant's taxes, interest and penallies, and to the civil and
forfeiture sections of the United States Altomey's Office fo r use in identifying assets and collecting
fines and resti tution. The defendant also agrees to file true and correct lax returns for the year 2004
within sixty days and La pay all taxes, interest and penalties for the year 2004 within a reasonable
time in accordance with a plan to be devised by the Probation Offlce. The defendant further agrees
to make all books. records and documents available to the Internal Revenue Service for use in
cO~t~endant's taxes. interest and penalties for the year 2004.
~ J !.H)1. Breach of the Plea Agreement and Remedies
This plea agreement is effective when signed by the defendant, the defendant's attorney. and
an attorney for the United States, The defendant agrees to entry of this plea agreement at the date
and time scheduled with the Court by the United States (in consultation with the defendant'S
attorney) , If the defendant withdraws from this plea agreement. or commits or attempts to commit
any additional federal. Slale or local crimes. or intentionally gives materially false, incomplete, or
misleading testimony or infonnat ion, or otherwise violates any provision of this agreement, then:
a, The United States will be released from its obligations under this plea
agreement, including any Obligation to seek a downward departure or a
reduction in sentence. The defendant, however, may not withdraw the guilty
9
Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 9 of 13
Procedure. if. in its sole discretion, the United States detennines that such a departure or reduction
of sentence is appropriate.
rli Q<w;l. 'jr ~.; The defendant consents to any motion by the United States under Rule 6(c)(3)(E) of the
Payment of Tal:es and Filing of Tal: Returns
Federal Rules of Criminal Procedure, 10 disclose grandjury maleriallo the Internal Revenue Service
for use in computing and collecting the defendant's taxes, interest and penaILi es, and to the civil and
forfeiture sections of the United States Altomey's Office for use in identifying assets and collecting
fines and resti tution. The defendant also agrees 10 fi le true and correct lax returns for the year 2004
within sixty days and La pay all taxes, interest and penalties for the year 2004 within a reasonable
time in accordance with a plan to be devised by [he Probalion Offlce. The defendant further agrees
to make all books. records and documents available to the Internal Revenue: Service fOT use in
CO~tutCf~endant's taxes. interest and penalties for the year 2004.
~ J /;S5 y.(. Breach of the Plea Agreement and Remedies
This plea agreemen t is effective when signed by the defendant, the defendant's attorney, and
an attorney for the United States, The defendant agrees to entry of this plea agreement at the date
and time scheduled with the Court by the United Slates (in consu ltation with the defendant's
attorney). If the defendant withdraws from this plea agreement, o r commits or allempts to commit
any additional federal, state or local crimes. or intentionally gives materially false, incomplete, or
misleading testimony or infonnalion, or othelWise vio lates any provision of this agreement, then:
a. The Uni ted States will be released from its ob ligations under th is plea
agreement, including any obligation 10 seek a downward departure or a
reduction in sentence. The defendant, however, may nol withdraw the guilty
9
Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 9 of 13
Procedure. if. in its sole discretion, the United States detennines that such a departure or reduction
of sentence is appropriate.
Ji Q<w;l. 'jr ~.; The defendant consents to any motion by the United States under Rule 6(c)(3)(E) of the
Payment of Tal:es and Filing of Tal: Returns
Federal Rules of Criminal Procedure, 10 disclose grandjury material to the Internal Revenue Service
for use in computing and collecting the defendant's taxes, interest and penaILies, and to the civil and
forfei ture sections of the United States Altomey's Office for use in identifying assets and collecting
fines and resti tution. The defendant also agrees to fi le true and correct lax returns for the year 2004
within sixty days and La pay all taxes, interest and penalties for the year 2004 within a reasonable
time in accordance with a plan to be devised by [he Probalion Offlce. The defendant further agrees
to make all books. records and documents available 10 the Internal Revenue: Service faT use: in
computing defendant's taxes. interest and penalties for the year 2004. \I,,--O.l'f1l
~ J /;S5)t. Breach of the Plea Agreement and Remedies
This plea agreement is effective when signed by the defendant, the defendant's attorney, and
an attorney for the United States, The defendant agrees to entry of this plea agreement at the dale
and time scheduled with the Court by the United States (in consuhation with the defendant'S
attorney). If the defendant withdraws from this pica agreement, or commits or atlempts to commit
any additional federal, Slale or local crimes. or intentionally gives materially false, incomplete, or
misleading testimony or infonnalion, or othelWise vio lates any provision of this agreement, then:
a. The Uni ted States will be released from its obligations under th is plea
agreement, including any obligation 10 seek a downward departure or a
reduction in sentence. The defendant, however, may nol withdraw the guilty
9
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 11 of 23Case 3:09-cr-00397-H EH Document 6 Filed 11 /13/2009 Page 10 of 13
plea entered pursuant to this agreement;
b. The defendant will be subject La prosecution for any federal criminal
violation, including, hut not limited to, perjury and obslructionofjuslice, that
is not time-barred by the applicable statute of limitations on the date this
agreement is signed. Notwithstanding the subsequent expiration of the
statu te of limitations, in any such prosecution, the defendant agrees to waive
any statute-of-limitations defense; and
c. Any prosecution, including the prosecution that is the subject of this
agreement, may be premised upon any in formation provided, or statements
made, by the defendant. and all such infonnation, statements, and leads
derived therefrom may be used against the derendant. The defendant waives
any right to claim that statements made before or after the date of this
agreement, including the statement of facts accompanying this agreement or
adopted by the defendant and any other statements made pursuant to this or
any other agreement with the United States. should be excluded or suppressed
under Fed. R. Evid. 410. Fed. R. Crim. P. 11(f), the Sentencing Guidelines
or any other provision of the Constitution or federal law.
Any alleged breach of this agreement by ei ther party shall be determined by the Court in an
appropriate proceeding at which the derendant's disclosures and documentary evidence shall be
admissible and at which the moving pany shall be required to establish a breach of the plea
agreement by a preponderance of the evidence. The proceeding established by this paragraph does
not UPI>ly. however, to the decision of the United States whether (0 file a motion based on
10
Case 3:09-cr-00397-H EH Document 6 Filed 11 /13/2009 Page 10 of 13
plea entered pursuant to this agreement;
b. The defendant will be subject 10 prosecution for any federal criminal
violation, including, hut not limited to, perjury and obslnJctionofju51ice, thai
is nol time-barred by the applicable statute of limitations on the date this
agreement is signed. Notwithstanding the subsequent expiration of the
statute oflimitations, in any such prosecution, the defendant agrees to waive
any statute-of-limitations defense; and
c. AllY prosecution, including the prosecution that is the subject of this
agreement, may be premised upon any information provided, or statements
made, by the defendant. and all such infonnation, statements, and leads
derived therefrom may be used against the defendant. The defendant waives
any right to claim that statements made before or after the date of this
agreement, including the statement of facts accompanying this agreement or
adopted by the defendant and any olher statements made pursuant to this or
any o ther agreement with the United States, should be excluded or suppressed
under Fed. R. Evid . 410. Fed. R. Crim. P. II(f), the Sentencing Guidelines
or any other provision of the Constitution or federal law.
Any alleged breach of th is agreement by ei ther party shall be determined by the Court in an
appropriate proceeding at which the defendant's disclosures and documentary evidence shall be
admissible and at which the moving paJ1y shall be required to establish a breach of the plea
agreement by a preponderance of the evidence. The proceeding established by this paragraph does
nOI UPI>ly. however, to the deci sion of the United Slates whether (0 file a mot ion based on
10
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 10 of 13
plea entered pursuant to this agreement;
b. The defendant will be subject 10 prosecution for any federal criminal
violation, including, but not li mited to, perjury and obslTUctionofjusl ice, that
is nol time-barred by the applicable statute of limitations on the date this
agreement is signed. Notwithstanding the subsequent expiration of the
stalUie oflimitations. in any such prosecution, the defendant agrees to waive
any statute-o f-limitations defense; and
c. Any prosecution. includi ng the prosecution that is the subject of this
agreement, may be premised upon any in fonnation provided, or statements
made. by the defendant. and all such in fonnation. statements, and leads
derived therefrom may be used agai nst the defendant. The defendant waives
any right 10 claim that statemenls made before or after the date of this
agreement, including the statement offacts accompanying this agreement or
adopted by the defendant and any other statements made pursuant 10 this or
any o ther agreement with the United States, shou ld be excluded or suppressed
under Fed. R. Evid . 41 0, Fed. R. Crim. P. 11(f), the Sentencing G uidelines
or any other provision of the Constitution or federa l law.
Any alleged breach of th is agreement by either pany shall be determined by the Coun in an
appropriate proceeding at which the defendant 's disclosures and documentary evidence shall be
admissible and at which the moving par1y shall be required to establ ish a breach of the plea
agreement by a prepondera.nce oflhe evidence. The proceeding estab lished by thi s paragraph does
nOl UPI>I),. howcvcr, to the decision of the Uni ted Slates whether to file a mOlion based on
10
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 10 of 13
pica entered pursuant to this agreement;
b. The defendant will be subject 10 prosecution for any federal criminal
violation, including, but not li mited to, perjury and obslTUctionofju51ice, that
is nol time-barred by the applicable statute of limitations on the date this
agreement is signed. Notwithstanding the subsequent expiration of the
stalUie oflimitations. in any such prosecution. the defendant agrees to waive
any statute-of-limitations defense; and
c. Any prosecution. including the prosecution that is the subject of this
agreement, may be premised upon any in fonnation provided, or statements
made. by the defendant. and all such in faonation, statements, and leads
derived therefrom may be used agai nst the defendant. The defendant waives
any right 10 claim that statements made before or after the date of this
agreement, including the statement offacts accompanying this agreement or
adopted by the defendant and any other statements made pursuant to this or
any o ther agreement with the United States, shou ld be excluded or suppressed
under Fed. R. Evid . 41 0, Fed. R. Crim. P. 11(f), the Sentencing Guidelines
or any other provision of the Constitution or federa l law.
Any alleged breach of th is agreement by either pany shall be determined by the Coun in an
appropriate proceeding at which the defendant 's disclosures and documentary evidence shall be
admissible and at which the moving par1y shall be required 10 establ ish a breach of the plea
agreement by a prepondera.nce of the evidence. The proceeding establ ished by thi s paragraph does
nOl up»I),. however, to the decision of the Uni ted Slates whether 10 file a mOl ion based on
10
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 12 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 11 of 13
"substantial assistance" as that phrase is used in Rule 35(b) of the Federal Rules of Criminal
Procedure and Section 5K 1.1 of the Sentencing Guidelines and Policy Statements. The defendant
agrees that the decision whether to file sllch a motion rests in the sole discretion afthe United States.
tfSt. 11"1: ~ur. of the Agreement and Modifications
~ This written agreement eonstitutes the compiete plea agreement between the United States,
lhe defendant, and the defendant's counsel. The defendant and his attorney acknowledge that no
threats, promises, or representations have been made, nor agreements reached, other than those set
fonh in writing in this plea agreement, to cause the defendant to plead guilty. Any modification of
this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea
agreement signed by all parties.
Dana J. Boeote Acting United States Attorney
Steven Tyrrell Chief United States Department of Justice Criminal Divi on. Fnlud Section
By:
By: Rina C. Tucker Harris Trial AUorney
,
United States Department of Justice Criminal Division, Fraud Section
I I
Case 3:09-cr-00397-HEH Document 6 Filed 11/13/2009 Page 11 of 13
"substantial assistance" as that phrase is used in Rule 35(b) of the Federal Rules of Criminal
Procedure and Section 5K 1.1 of the Sentencing Guidelines and Policy Statements. The defendant
agrees that the decision whether to file sllch a motion rests in the sole discretion afthe United States.
~ ll-!., ~ur. oftbe Agreement aDd Modifications
~ This wntlen agreement constitutes lhe comptete plea agreement between lhe Uniled Slales,
the defendant, and the defendant's counsel. The defendant and his attorney acknowledge that no
threats, promises. or representations have been made, nor agreements reached, other than those set
fonh in writing in this plea agreement, to cause the defendant \0 plead guilty. Any modification of
this plea agreement shall be va lid only as set forth in writing in a supplemental or revised plea
agreement signed by all parti es.
Dana J. Boente Acting United States Attorney
Steven Tyrrell Chief United States Department of Justice Criminal Divi on. Fraud Section
By:
By: Rina C. Tucker Harris Trial AUomey
,
United States Department of Justice Criminal Division, Fraud Section
II
Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 11 of 13
"substantial assistance" as that phrase is used in Rule 35(b) of the Federal Rules of Criminal
Procedure and Section 5K 1.1 of the Sentencing Guidelines and Policy Statements. The defendant
agrees that the decision whether to file sllch a motion reSIS in the sole discretion afthe United States.
tfif: ll-!., ~ur. oftbe Agreement and Modifications
~ This wntlen agreement eonstitutes the eomptete plea agreement between the United States,
the defendant, and the defendant '5 counsel. The defendant and his auorney acknowledge that no
threats, promises. or representations have been made, nor agreements reached, other than those set
fonh in writing in this plea agreement, to cause the defendant \0 plead guilty. Any modification of
this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea
agreement signed by all parties.
Dana J. Boente Acting United States Attorney
Steven Tyrrell Chief United States Depanment of Justice Criminal Divi on, Fraud Section
By:
By: Rina C. Tucker Harris Trial Attorney
,
United States Department of Justice Criminal Division. Fraud Section
II
Case 3:09-cr-00397 -HEH Document 6 Filed 11/13/2009 Page 11 of 13
"substantial assistance" as that phrase is used in Rule 35(b) of the Federal Rules of Criminal
Procedure and Section 5K 1.1 of the Sentencing Guidelines and Policy Statements. The defendant
agrees that the decision whether to file sllch a motion reSIS in the sole discretion of the United States.
4: ll-!., ~ur. oftbe Agreement aDd Modifications
~ This wntlen agreement eonSlitutes the eomplete plea agreement between the United States,
the defendant, and the defendant's counsel. The defendant and his auorney acknowledge that no
threats, promises. or representations have been made, nor agreements reached, other than those set
fonh in writing in this plea agreement, to cause the defendant \0 plead guilty. Any modification of
this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea
agreement signed by all parties.
Dana J. Boente Acting United States Attorney
Steven Tyrrell Chief United States Department of Justice Criminal Divi on, Fraud Section
By:
By: Rina C. Tucker Harris Trial Attorney
,
United States Department of Justice Criminal Division, Fraud Section
II
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 13 of 23
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 12 of 13
Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, United States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part ofil with my anomey. I understand this agreement and voluntarily agree to it.
Date: ~'::' 1'..:.'~'~'-6~~~~~~~~~\~~ __ _ ~ Ch au! Edward Jumel Defendant
Defense Counsel Sjgnature: 1 am counsel for the defendant in this case. J have fu lly explained to the defendant the defendant 's rights with respect to the pending criminal infonnation. Funher. I have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual , and I have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every pan of this plea agreement with the defendant. To my knowledge, the defendant'S decision to enter into this agreement is an infonned and voluntary one.
Robert Wagner Counsel for the Defendant
12
Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 12 of 13
Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, Uni ted States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this pica agreement and carefully reviewed every part oril with my anorney. I understand this agreement and voluntarily agree to it.
Date: ~:::' 1'..:.':"'~'-6~~~~~~~~~\:~~ __ ~ Ch aul Edward Jumel Defendant
Defense Counsel Signature: I am counsel for the defendant in this case. J have fully explained to the defendant the defendant's rights with respect to the pending criminal infonnation. Funher. J have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual , and 1 have fully explained to the defendant the provisions that may apply in this case. J have carefully reviewed every part or this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary one.
Date: 'I , '3 ,(), Robert Wagner Counsel for the Defendant
12
Case 3:09-cr-00397 -HEH Document 6 Filed 11 11312009 Page 12 of 13
Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, Uni ted States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to it
Date: ~'::' 1'..:.'~'~'-6~~~~~~~~~\~~~ __ ~ Ch aul Edward Jumel Defendant
Defense Counsel Signature: 1 am counsel for the defendant in this casco I have fully explained to the defendant the defendant's rights with respect to the pending criminal infonnation. Funher. J have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual, and 1 have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary one.
Robert Wagner Counsel for lhe Defendant
12
Case 3:09-cr-00397 -HEH Document 6 Filed 11 11312009 Page 12 of 13
Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, United States Code, Seclion 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to it
Date: ~'::' 1'..:.'~'~'-6~~~~~~~~~\~~~ __ ~ Ch aul Edward Jumel Defendant
Defense Counsel Signature: 1 am counsel for the defendant in this casco I have fully explained to the defendant the defendant's rights with respect to the pending criminal infonnation. Funher. J have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual, and 1 have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary one.
Robert Wagner Counsel for the Defendant
12
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 14 of 23Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 13 of 13
U. S . DEPARTMENT OF JUSTICE Statement or Special Assessment Account
This statement reneets your special assessment only. There may be other penalties imposed al sentencing.
ACCOUNT INFORMATION
CRIM. ACTION NO.:
DEFENDANT'S NAME; CHARLES PAUL EnWARD JUMET
PAY THIS AMOUNT: S2OO.OO
INSTRUCTIONS:
I . MAKE CHECK OR MONEY ORDER PAYABl..E TO: CLERK, U . S. DISTRICT COURT
2. PAYMENT MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENT£NCINGDATE
3. PAYMENT SHOULD HE SENT TO;
In person (9 AM to 4 PM) By mail :
Alexandria cases: Clerk, U.S. District Court 401 Courthouse Square Alex:mdria, VA 21314
Richmond cases: Clerk, U.S. District Court 701 East Broad Street. Suite 3000
Richmond, VA 23219
Newport News cases: C ler k, U.S. Distr ict COUl't Cler k, U.S. District Court 101 • 2Slb Street, 2111l Floor P. O. Box 494 Newport News, V A 23607 Newport News, VA 23607
Norfolk cases: Clerk, U.S. District Court 600 Granby Str eel Norfolk, V A 23510
4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO~EY ORDER
5. ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF PAYMENT
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 13 of 13
U. S. DEPARTMENT OF JUSTICE Statement of Special Assessment Account
This statement renects your special assessment only. There may be other penalties imposed 0.1 sentencing.
ACCOUNT fNFORMA TION
CRIM. AcrtON NO.:
DEFENDANT'S NAME: CHARLES PAUL EDWARD JUMET
PAY THIS AMOUNT: S200.00
INSTRUCfIONS:
I . MAKE CHECK OR MONEY ORDER VA YABLE TO: CLERK, U. S. DISTRICT COURT
2. rAYMENTMUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE
3. PAYMENT SHOULD HE SENT TO:
In perion (9 AM to 4 PM) By mail :
Alexandria cases: Clerk. U.S. District Court 401 Courthouse Square AJcXllndria., VA 21314
Richmond cases: Clerk, U.S. District Court 701 East Broad Street. Suite 3000
Richmond, VA 23219
Newport News cases: Clerk, U.s. District Court Clerk, U.S. District Court 101 • 251
- Street, 2nd Floor P. O. Box 494 Newport News, V A 23607 Newport News, VA 23607
Norfolk cases: Clerk, U.S. District Court 600 Granby Streel Norfolk, VA 23510
4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO!-lEY ORDER
5. ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF PAYMENT
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 13 of 13
U. S. DEPARTMENT OF JUSTICE Statement of Special Assessment Account
This statement renects your special assessment only. There may be other penalties imposed 0.1 sentencing.
ACCOUNT fNFORMA TION
CRIM. AcrtON NO.:
DEFENDANT'S NAME; CHARLES PAUL EDWARD JUMET
PAY THIS AMOUNT: S200.00
INSTRUcrIONS:
I . MAKE CHECK OR MONEY ORDER VA YABLE TO: CLERK, U. S. DISTRICT COURT
2. rAYMENl'MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE
3. PAYMENT SHOULD HE SENT TO:
In per50n (9 AM to 4 PM ) Byma;l :
Alexandria cases: Clerk, U.S. District Court 401 Courthouse Square AJcXllndria., VA 21314
Richmond cases : Clerk, U.S. District Court 701 East Broad Street. Suite 3000
Ric hmond, VA 23219
Newport News cases: Clerk, U.s. District Court Clerk, U.S. District Court 101 • 251b Street, 2nd Floor P. O. Box 494 Newport News, V A 23607 Newport News, VA 23607
Norfolk cases: Clerk, U.S. District Court 600 Granby Streel Norfolk, V A 23510
4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO}/EY ORDER
5. ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF PAYMENT
Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 13 of 13
U. S. DEPARTMENT OF JUSTICE Statement of Special Assessment Account
This statement reneets your special assessment only. There may be other penalties imposed at sentencing.
ACCOUNT fNFORMA TION
CRIM. AcrtON NO.:
DEFENDANT'S NAME: CHARLES PAUL EDWARD JUMET
PAY THIS AMOUNT: S200.00
INSTRUcrIONS:
I . MAKE CHECK OR MONEY ORDER VA YABLE TO: CLERK, U. S. DISTRICT COURT
2. rAYMENTMUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE
3, PAYMENT SHOULD HE SENT TO:
In per50n (9 AM to 4 PM) By mail :
Alexandria cases: Clcrk. U.S. District Court 401 Courthouse Square AJcxnndria., VA 22314
Richmond cases : Clerk, U.S. District Court 701 East Broad Street. Suite 3000
Richmond, VA 23219
Newport News cases: Clerk, U.s. District Court Clerk, U.S. District Court 101 • 251b Street, 2nd Floor P. 0, Box 494 Newport News, V A 23607 Newport News, VA 23607
Norfolk cases: Clerk, U.S. District Court 600 Granby Streel Norfolk, V A 235] 0
4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO}/EY ORDER
5. ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF PAYMENT
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 15 of 23
EXHIBIT A-2 TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
EXHIBIT A-2 TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
EXHIBIT A-2 TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
EXHIBIT A-2 TO
GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 16 of 23
• Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT
FOR TE EASTERN DISTRICT OF VIRGINIA
Richmond Division
UNITED STATES OF AMERICA, ) ) )
~ ) )
CRIMINAL No.
NOV 1 3 2009
CHARLES PAUL EDWARD JUMET, ) )
Defendant. )
STATEMENT OF FACTS
The parties stipulate that the allegations in the criminal infonnation and the following
facts are true and correct, and had the matter gone to trial, the United States would have been
able to establish said facts sufficient to prove Defendant's guilty beyond a reasonable doubt:
1. From at least in 1997 through in and around July 2003, in the Eastern District of
Virginia, and elsewhere, the defendant, CHARLES PAUL EDWARD JUMET did knowingly
combine. conspire, confederate, and agree, together with Co-conspirator A. and others to
willfully make use of the mails and means and instrumentalities of interstate commerce corruptly
in furtherance of an offer. payment, promise to pay, and authorization of the payment of any
money. or offer. or gift. promise to give. and authorization of the giving of anything of value to
any foreign official for purposes of: (i) innuencing acts and decisions of such foreign official in
his and its official capacity; (ii) inducing such foreign official to do and omit to do acts in
violation of the lawful duty of such official ; (i ii ) securing an improper advantage; and (iv)
inducing such foreign official to use his or its innuence with a foreign government and
instrumentalities theroofto affect and influence acts and decisions of such government and
• Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT
FOR TE EASTERN DISTRICT OF VIRGINIA
Richmond Division
UNITED STATES OF AMERICA, ) ) )
~ ) )
CRIMINAL No.
NOV 1 3 2009
CHARLES PAUL EDWARD JUMET, ) )
Defendant. )
STATEMENT Of FACTS
The parties stipulate that the allegations in the criminal infonnation and the following
facts arc true and correct, and had the matter gone to trial, the United Stales would have been
able to establish said facts sufficient to prove Defendant ' s guilty beyond a reasonable doubt:
1. From at least in 1997 through in and around July 2003, in the Eastern District of
Virginia, and elsewhere, the defendant. CHARLES PAUL EDWARD JUMET did knowingly
combine, conspire, confederate, and agree, together with Co-conspirator A. and others to
willfully make use of the mails and means and instrumentalities of interstate commerce corruptly
in furtherance of an offer. payment, promise to pay, and authorization of the payment of any
money. or offer, or gift. promise to give. and authorization of the giving of anything of value to
any foreign official fo r purposes of: (i) influencing acts and decisions of such foreign official in
his and its official capacity; (ii) inducing such foreign official to do and omit to do acts in
violation of the lawful duty of such official; (iii) securing an improper advantage; and (iv)
inducing such foreign official to use his or its influence with a foreign government and
instrumentalities thereof to affect and influence acts and decisions of such government and
• Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT
FOR TE EASTERN DISTRICT OF VIRGINIA
Richmond Division
UNITED STATES OF AMERICA, ) ) )
~ ) )
CRIMINAL No.
NOV 1 3 2009
CHARLES PAUL EDWARD JUMET, ) )
Defendant. )
STATEMENT OfFACTS
The parties stipulate that the allegations in the criminal infonnation and the following
facts are true and correct, and had the matter gone to trial. the United Stales would have been
able to establish said facts sufficient (0 prove Defendant's guilty beyond a reasonable doubt:
1. From at least in 1997 through in and around July 2003, in the Eastern District of
Virginia, and elsewhere, the defendant. CHARLES PAUL EDWARD JUMET did knowingly
combine. conspire, confederate, and agree, together with Co-conspirator A. and others to
willfully make use of the mails and means and instrumentalities of interstate commerce corruptly
in furtherance of an offer, payment, promise to pay, and authorization of the payment of any
money. or offer, or gift. promise to give, and authorization of the giving of anything of value to
any foreign official for purposes of: (i) influencing acts and decisions of such foreign official in
his and its official capacity; (ii) inducing such foreign official to do and omit to do acts in
violation of the lawful duty of such official ; (iii) securing an improper advantage; and (iv)
inducing such foreign official to use his or its influence with a foreign government and
instrumentalities thereof to affect and innuence acts and decisions of such government and
• Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT
FOR TE EASTERN DISTRICT OF VIRGINIA
Richmond Division
UNITED STATES OF AMERICA, ) ) )
~ ) )
CRIMINAL No.
NOV 1 3 2009
CHARLES PAUL EDWARD JUMET, ) )
Defendant. )
STATEMENT Of FACTS
The parties stipulate that the allegations in the criminal infonnation and the following
facts are true and correct, and had the matter gone to trial. the United Stales would have been
able to establish said facts sufficient to prove Defendant's guilty beyond a reasonable doubt:
1. From at least in 1997 through in and around July 2003, in the Eastern District of
Virginia, and elsewhere, the defendant. CHARLES PAUL EDWARD JUMET did knowingly
combine. conspire, confederate, and agree. together with Co-conspirator A. and others to
willfully make use of the mails and means and instrumentalities of interstate commerce corruptly
in furtherance of an offer, payment, promise to pay, and authorization of the payment of any
money. or offer, or gift. promise to give, and authorization of the giving of anything of value to
any foreign official for purposes of: (i) influencing acts and decisions of such foreign official in
his and its official capacity; (ii) inducing such foreign official to do and omit to do acts in
vio lation orthe lawful duty of such official ; (iii) securing an improper advantage; and (iv)
inducing such foreign official to use his or its influence with a foreign government and
instrumentalities thereof to affect and innuence acts and decisions of such government and
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 17 of 23
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 2 of 8
instrumentalities. in order to assist Ports Engineering Consultants Corporation (PECC) and
Overman de Panama in obtaining and retaining business for and with, and directing business to
Company A and Overman de Panama, all in violation of Title 15, United States Code, Sections
78dd-2(a)(t )(i).
2. In or about December 1996, PEeC created under the laws of Panama so that
JUMET and Co-conspirator A could corruptly obtain a government contract to, inler alia.
maintain the lighthouses and buoys in the waterways outside the Panama CanaL
3. In or about December 1996, JUMET and Co-conspirator A, established Overman
de Panama, a wholly owned subsidiary ofOvennan Associates, under the laws of Panama.
Ovc::nnan de Panama was a holding company for any investment that its wholly owned
subsidiary, Overman Associates, made in the Republic of Panama and Overman de Panama had a
management interest in PECC.
4. As President of both PECC and Ovennan de Panama, Co-conspirator A was
responsible for overseeing PECC's and Overman de Panama's business activities.
5. JUMETt a United States citizen, was the Vice President of PECC from 1997
through 2000 and then later replaced Co-conspirator A as the President of PECC in 2000.
JUMET was also Vice President of Overman de Panama. JUMET was a domestic concern and
was an employee and a shareholder ofOvennan Associates, which was a domestic concern.
6. In or about January 1997, with the assislance from Government Official A, the
Administrator of Panama's National Maritime Ports Authority ("APN") and Government Official
B, a Deputy Administrator of APN, JUMET and Co-conspirator A submitted a proposal for the
privatization of APN's engineering department, whereby Ovennan Associates and its affi liate,
2
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 2 of 8
instrumentalities. in ordcr to assist Ports Engineering Consultants Corporation (PECC) and
Overman de Panama in obtaining and retaining business for and with. and directing business to
Company A and Ovennan de Panama, all in violation of Title 15. United States Code, Sections
78dd-2(a)( t Xi).
2. In or about December 1996, PECC created under the laws of Panama so that
JUMET and Co-conspirator A could corruptly obtain a government contract to, inter alia,
maintain the lighthouses and buoys in the waterways outside the Panama CanaL
3. In or about December 1996, JUMET and Co-conspirator A, established Overman
de Panama, a wholly owned subsidiary of Overman Associates, under the laws of Panama,
Overman de Panama was a holding company for any investment that its wholly owned
subsidiary, Ovennan Associates, made in the Republic of Panama and Ovennan de Panama had a
management interest in PECC.
4. As President of both PECC and Ovennan de Panama, Co-conspirator A was
responsible for overseeing PECC's and Overman de Panama's business activities.
5. JUMET, a United States citizen, was the Vice President of PECC from 1997
through 2000 and then later replaced Co-conspirator A as the President of PECC in 2000.
JUMET was also Vice President of Overman de Panama. JUMET was a domestic concern and
was an employee and a shareholder of Oven nan Associates, which was a domestic concern.
6. In or about January 1997, with the assistance rrom Government Official A, the
Administrator of Panama's National Maritime Ports Authority ("APN") and Government Official
B, a Deputy Administrator of APN, JUMET and Co-conspi rator A submitted a proposal for the
privatization of APN's engineering department, whereby Ovennan Associates and its affi liate,
2
Case 3;09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 2 of 8
instrumentalities. in order to assist Ports Engineering Consultants Corporation (PECC) and
Overman de Panama in obtaining and retaining business for and with. and directing business to
Company A and Overman de Panama, all in violation of Title 15. United States Code, Sections
78dd-2(a)(t )(i),
2. In or about December 1996, PECC created under the laws of Panama so that
JUMET and Co-conspirator A could corruptly obtain a government contract to, inter alia,
maintain the lighthouses and buoys in the waterways outside the Panama CanaL
3. In or about December 1996, JUMET and Co-conspirator A. established Overman
de Panama, a wholly owned subsidiary ofOvennan Associates, under the laws of Panama.
Ovennan de Panama was a holding company for any investment that its wholly owned
subsidiary, Ovennan Associates, made in the Republic of Panama and Ovennan de Panama had a
management interest in PECe.
4. As President of both PECC and Ovennan de Panama, Co-conspirator A was
responsible for overseeing PECC's and Ovennan de Panama's business activities .
5. J UMET, a United States citizen, was the Vicc President of PECe from 1997
through 2000 and then later replaced Co-conspirator A as the President ofPECe in 2000.
JUMET was also Vice President of Overman de Panama. JUMET was a domestic concern and
was an employee and a shareholder ofOvennan Associatcs, which was a domestic concern.
6. In or about January 1997, with the assistance from Government Official A, the
Administrator of Panama's National Maritime Ports Authority ("APN") and Government Official
B, a Deputy Administrator of APN, JUMET and Co-conspirator A submitted a proposal for the
privatization of APN's engineering department, whereby Ovennan Associates and its affiliate,
2
Case 3;09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 2 of 8
instrumentalities. in order to assist Ports Engineering Consultants Corporation (PEeC) and
Overman de Panama in obtaining and retaining business for and with. and directing business to
Company A and Overman de Panama, all in violation of Title 15. United States Code, Sections
78dd-2(a)( t )(i),
2. In or about December 1996, PEeC created under the laws of Panama so that
JUMET and Co-conspirator A could corruptly obtain a government contract to, inter alia,
maintain the lighthouses and buoys in the waterways outside the Panama CanaL
3. In or about December 1996, JUMET and Co-conspirator A. established Overman
de Panama, a wholly owned subsidiary ofOvennan Associates, under the laws of Panama.
Ovennan de Panama was a holding company for any investment that its wholly owned
subsidiary, Ovennan Associates, made in the Republic of Panama and Ovennan de Panama had a
management interest in PECC.
4. As President of both PECC and Ovennan de Panama, Co-conspirator A was
responsible for overseeing PECC's and Ovennan de Panama's business activities .
5. JUMET, a United States citizen, was the Vicc President of PECC from 1997
through 2000 and then later replaced Co-conspirator A as the President ofPECC in 2000.
JUMET was also Vice President of Overman de Panama. JUMET was a domestic concern and
was an employee and a shareholder ofOvcnnan Associatcs, which was a domestic concern.
6. In or about January 1997, with the assistance from Government Official A, the
Administrator of Panama's National Maritime Ports Authority ("APN") and Government Official
B, a Deputy Administrator of APN, JUMET and Co-conspirator A submitted a proposal for the
privatization of APN's engineering department, whereby Ovennan Associates and its affiliate,
2
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 18 of 23Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 3 of 8
Overman de Panama would provide the engineering services to APN through PECe. Co
conspirator A promised to hire substantially all of APN's fonner Engineering Department
employees. who were employed by APN as of December 31,1996.
7. In or about January 1997, without seeking any bids from other companies,
Government Official A, the Administrator of APN, awarded PEee a provisional contract
allowing it to collect lamITs directly from ships that went into port in Panama, to maintain the
lighthouses and buoys, to conduct engineering studies, and to maintain aids to navigation.
8. Shortly after PECe was awarded the provisional contract, PECe opened a bank
account at L10yds Bank in January 1997. JUMET and Co-conspirator A were signatories on this
account, which was used to make corrupt "dividend" payments to PEeC's concealed
shareholders.
9. In or about February 1997, APN awarded PECC a 20-year concession allowing
PECC to collect the lighthouse and buoy tarifTs. Under the operative contract, PECC was
allowed to keep 90 percent of the tariffs pursuant to the contract and gave 10 percent to APN.
10. On or about March 7,1997, Co-conspirator A presided over a special PEee's
shareholder meeting, during which he, JUMET, and other members of PEeC's Board of
Directors authorized the issuance of 1,000 non registered common shares, which could be
registered shares or "bearer" shares.
11 . In or about 1997, Co-conspirator A. JUMET, Wannspell Holding Corporation,
Soderville Corporation, and three others who were simply referred to as "bearer" became
shareholders of PECC. Co-conspiralor A and JUMET each had a 10 percent ownership interest
in PECC. Both Wannspell Holding Corporation and Soderville Corporation each held a 30
3
- , Case 3:09-cr-00397-HEH Document 7 Filed 11113/2009 Page 3 of 8
Overman de Panama would provide the engineering services to APN through PEee. Co
conspirator A promised to hire substantially all of APN's fanner Engineering Department
emptoyees, who were employed by APN as or December 31,1996,
7. In or about January 1997, without seeking any bids rrom other companies,
Government Official A, the Administrator of APN, awarded PEee a provisional contract
allowing it to collect tarriffs directly from ships that went into port in Panama, to maintain the
lighthouses and buoys, to conduct engineering studies, and to maintain aids to navigation.
8. Shortly after PEee was awarded the provisional contract, PEee opened a bank
account at L10yds Bank in January 1997. JUMET and Co-conspirator A were signatories on this
account, which was used to make corrupt "dividend" payments (0 PECC's concealed
shareholders.
9. In or about February 1997, APN awarded PEee a 20-year concession allowing
PECC to collect the lighthouse and buoy tarifTs. Under the operative contract? PEee was
allowed to keep 90 percent of the tariffs pursuant to the contract and gave 10 percent to APN.
10. On or about March 7,1997, Co-conspirator A presided over a special PEeC's
shareholder meeting, during which he, JUMET, and other members ofPECe's Board of
Directors authorized the issuance of 1,000 non registered common shares, which could be
registered shares or "bearer" shares.
11 . In or about 1997, Co-conspirator A, JUMET, Wannspell Holding Corporation,
Soderville Corporation. and three others who were simply referred to as "bearer" became
shareholders of PECe. Co-conspirator A and JUMET each had a 10 percent ownership interest
in PEeC. Both Wannspell Holding Corporation and Soderville Corporation each held a 30
3
- , Case 3:09-cr-00397-HEH Document 7 Fited 1111312009 Page 3 of 8
Overman de Panama would provide the engineering services to APN through PEee. Co
conspirator A promised to hire substantially all of APN's former Engineering Depanment
employees. who were employed by APN as of December 31,1996.
7. In or about January 1997, without seeking any bids from other companies,
Government Official A, the Administrator of APN. awarded PEeC a provisional contract
allowing it to collect tarriffs directly from ships that went into port in Panama, to maintain the
lighthouses and buoys, to conduct engineering studies, and to maintain aids to navigation.
8. Shortly after PEee was awarded the provisional contract. PEee opened a bank
account at Lloyds Bank in January 1997. JUMET and Co-conspirator A were signatories on this
account. which was used to make corrupt "dividend" payments to PEeC's concealed
shareholders.
9. In or about February 1997, APN awarded PECC a 20-year concession allowing
PECC to collect the lighthouse and buoy tariffs. Under the operative contract, PECC was
allowed to keep 90 percent of the tariffs pursuant to the contract and gave 10 percent to APN.
10. On or about March 7, 1997, Co-conspirator A presided over a special PECC's
shareholder meeting, during which he, JUMET. and other members of PECC's Board of
Directors authorized the issuance of 1,000 non registered common shares, which could be
registered shares or "bearer" shares.
II. In or about 1997, Co-conspirator A. JUMET. Wannspell Holding Corporation.
Soderville Corporation, and three others who were simply referred to as "bearer" became
shareholders ofPECC. Co-conspirator A and JUMET each had a 10 percent ownership interest
in PECC. Both Wannspell Holding Corporation and Soderville Corporation each held a 30
3
· , Case 3:09·cr·00397·HEH Dacumenl7 Filed 1111312009 Page 3 of 8
Overman de Panama would provide the engineering services to APN through PEee. Co
conspirator A promised to hire substantially all of APN's former Engineering Depanment
employees. who were employed by APN as of December 31.1996.
7. In or about January 1997, without seeking any bids rrom other companies,
Government Official A, the Administrator of APN. awarded PEeC a provisional contract
allowing it to collect tarriffs directly from ships that went into port in Panama, to maintain the
lighthouses and buoys, to conduct engineering studies, and to maintain aids to navigation.
8. Shortly after PEee was awarded the provisional contract. PEee opened a bank
account at Lloyds Bank in January 1997. JUMET and Co-conspirator A were signatories on this
account. which was used to make corrupt "dividend" payments (0 PECC's concealed
shareholders.
9. In or about February 1997, APN awarded PECC a 20-year concession allowing
PECC to collect the lighthouse and buoy tariffs. Under the operative contract, PECe was
allowed to keep 90 percent of the tariffs pursuant to the comract and gave 10 percent to APN.
10. On or about March 7, 1997, Co-conspirator A presided over a special PECC's
shareholder meeting. during which he, JUMET. and other members ofPECe's Board of
Directors authorized the issuance of 1,000 non registered common shares, which could be
registered shares or "bearer" shares.
II. In or about 1997, Co-conspirator A. JUMET. Wannspell Holding Corporation,
Soderville Corporation, and three others who were simply referred to as "bearer" became
shareholders of PEeC. Co-conspirator A and JUMET each had a 10 percent ownership interest
in PECC. Both Wannspell Holding Corporation and Sodcrville Corporation each held a 30
3
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 19 of 23Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 4 of 8
percent interest in PEeC.
12. Warmspell Corporation and SodelVille COll>Oration were made shareholders of
PEee to conceal the receipt of corrupt payments by Panamanian government officials for
awarding PEee a contract to maintain the lighthouses and buoys in the waterways outside the
Panama Canal.
13. WarmspeJl Holding Corporation had ties to Government Official B, a Deputy
Administrator of APN. SodelVille Corporation had ties to Government Official A, the
Administrator of APN.
14. In or about December 1997, PEee was awarded a 20-year concession to
service the lighthouses and buoys along Panama's waterways outside the Panama Canal. This
service was previously perfomted by the Panamanian government. PEee hired APN workers
and received equipment and office space from APN to perform this task.
15 , In or about December 1997, J UMET, Co-conspirator A, and others authorized
PECC to issue dividend payments totaling $300,000 to its shareholders, including JUMET,
Wannspell Holding Corporation, Soderville Corporation, Co-conspirator A, and three
shareholders who were referred to as "bearer,"
16. Before the dividend payments were issued in 1997, JUMET and Co-conspirator
A were aware that Warmspell Holding Corporation belonged to Government Official B and
Soderville Corporation belonged to Government Official A.
17. On or about December 19, 1997, Co-conspirator A signed a dividend
payment drawn from PECC's account at L10yds Bank in the amount 0($18,000 payable to the
"bearer." This dividend payment was issued to Government Official C. a high ranking
4
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 4 of 8
percent interest in PEeC,
12. Warmspell Corporation and Soderville Corporation were made shareholders of
PEee to conceal the receipt of corrupt payments by Panamanian government officials for
awarding PEeC a contract to maintain the lighthouses and buoys in the waterways outside the
Panama Canal.
13. Warmspell Holding Corporation had ties to Government Official B, a Deputy
Administrator of APN. Soderville Corporation had ties to Government Official A, the
Administrator of APN.
14. In or about December 1997, PEee was awarded a 20-year concession to
service the lighthouses and buoys along Panama's waterways outside the Panama Canal. This
service was previously performed by the Panamanian government. PEee hired APN workers
and received equipment and office space from APN to perfonn this task.
15. In or about December 1997. JUMET. Co·conspirator A, and others authorized
PECC to issue dividend payments totaling S3oo,OOO to its shareholders, including JUMET,
Warmspell Holding Corporation, Soderville Corporation, Co·conspirator A, and three
shareholders who were referred to as "bearer,"
16. Before the di vidend payments were issued in 1997, JUMET and Co.conspirator
A were aware that Wannspell Holding Corporation belonged to Government Official B and
Soderville Corporation belonged to Government Official A.
17. On or about December 19, 1997. Co--conspirator A signed a dividend
payment drawn from PECC's account at L10yds Bank in the amount of$18,ooo payable to the
"bearer." This dividend payment was issued to Government Official C, a high ranking
4
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 4 of 8
percent interest in PEeC.
12. Warmspell Corporation and Soderville Corporation were made shareholders of
PEee to conceal the receipt of corrupt payments by Panamanian government officials for
awarding PEeC a contract to maintain the lighthouses and buoys in the waterways outside the
Panama Canal.
13. Wannspell Holding Corporation had ties to Government Official B, a Deputy
Administrator of APN. Soderville Corporation had ties to Government Official A. the
Administrator of APN.
14. In or about December 1997, PEee was awarded a 20-year concession to
service the lighthouses and buoys along Panama's waterways outside the Panama Canal. This
service was previously performed by the Panamanian government. PEee hired APN workers
and received equipment and office space from APN to perform this task.
15 . In or about December 1997. JUMET. Co-conspirator A, and others authorized
PECC to issue dividend payments totaling 5300,000 to its shareholders, including JUMET,
Warmspell Holding Corporation, Soderville Corporation, Co-conspirator A, and three
shareholders who were referred to as "bearer."
16. Before the dividend payments were issued in 1997, JUMET and Co-conspirator
A were aware that Warmspell Holding Corporation belonged to Government Official B and
Soderville Corporation belonged to Government Official A.
17. On or about December 19, 1997, Co-conspiralor A signed a dividend
payment drawn from PECC's account at L10yds Bank in the amount of$18,ooo payable to the
"bearer." This dividend payment was issued to Government Official C, a high ranking
4
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 4 of 8
percent interest in PEeC.
12. Warmspell Corporation and Soderville Corporation were made shareholders of
PEee to conceal the receipt of corrupt payments by Panamanian government officials for
awarding PEeC a contract to maintain the lighthouses and buoys in the waterways outside the
Panama Canal.
13. Wannspell Holding Corporation had ties to Government Official B, a Deputy
Administrator of APN. Soderville Corporation had ties to Government Official A. the
Administrator of APN.
14. In or about December 1997, PEee was awarded a 20-year concession to
service the lighthouses and buoys along Panama's waterways outside the Panama Canal. This
service was previously performed by the Panamanian government. PEee hired APN workers
and received equipment and office space from APN to perfonn this task.
15 . In or about December 1997. JUMET. Co-conspirator A, and others authorized
PECC to issue dividend payments totaling 5300,000 to its shareholders, including JUMET,
Warmspell Holding Corporation, Soderville Corporation, Co-conspirator A, and three
shareholders who were referred to as "bearer."
16. Before the dividend payments were issued in 1997, JUMET and Co-conspirator
A were aware that Wannspell Holding Corporation belonged to Government Official B and
Soderville Corporation belonged to Government Official A.
17. On or about December 19, 1997, Co-conspiralor A signed a dividend
payment drawn from PECC's account at L10yds Bank in the amount of$1 8,ooo payable to the
"bearer." This dividend payment was issued to Government Official C, a high ranking
4
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 20 of 23Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 5 of 8
Panamanian elected official, and deposited into his account as a corrupt payment for awarding
PEee the contract.
18, On or about December 22, 1997, a dividend payment 0[$81,000 was issued to
Wannspell Holding Corporation for the purpose of making a corrupt payment to Government
Official B. a Deputy Administrator of APN, for awarding the contract to PEeC.
19. On or about December 22, 1997, a dividend payment 0[581,000 was issued to
Sodervillc Corporation, a company belonging to Government Official A. in order to make a
corrupt payment to Government Official At the Director of APN, for awarding PEee the
contract.
20. On or about December 19, 1997, lumel caused a dividend payment 0[S27,ooO to
be transferred by wire from PEeC's L10yds Bank account to Co-conspirator A's account at First
Virginia Bank of Tidewater in Virginia.
21. On or about December 19. 1997, JUMET received a dividend payment of
S27,OOO, which he had transferred from PEeC's Lloyds Bank account in Panama to his bank
account at Lloyds Bank in Panama.
22. In or about latc 1999. Panama's Comptroller General began investigating APN's
decision to award PEeC a contract without soliciting other bids. As a result of this investigation.
with few exceptions, the Panamanian government did not make any payments to PEeC from
1999 until 2003. The government also did not allow PECC to collect the lighthouse and buoy
tariffs.
23. In or about September 1999, JUMET and Co-conspirator A agree that PECC
would pay $1 09,536.50 to Overman de Panama.
5
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 5 of 8
Panamanian elected official, and deposited into his account as a corrupt payment for awarding
PEee the contract.
18. On or about December 22, 1997, a dividend payment 0[$81,000 was issued to
Wannspell Holding Corporation for the purpose of making a corrupt payment to Government
Official B. a Deputy Administrator of APN, for awarding the contract to PEec.
19. On or about December 22, 1997, a dividend payment 0[$81 ,000 was issued to
Soderville Corporation. a company belonging to Government Official A. in order to make a
corrupt payment to Government Official At the Director of APN. for awarding PEeC the
contract.
20. On or about December 19, 1997, Jumct caused a dividend payment 0[S27,000 to
be transferred by wire from PEeC's L10yds Bank account to Co-conspirator A's account at First
Virginia Bank of Tidewater in Virginia.
21 . On or about December 19. 1997, J UMET received a dividend payment of
S27,000, which he had transferred from PECC's Lloyds Bank account in Panama to his bank
account at L10yds Bank in Panama.
22. In or about late 1999. Panama's Comptroller General began investigating APN's
decision to award PECC a contract without soliciting other bids. As a result of this investigation,
with few exceptions, the Panamanian government did not make any payments to PECC from
1999 until 2003. The government also did not allow PECC to collect the lighthouse and buoy
tariffs.
23. In or about September 1999, J UMET and Co-conspirator A agree that PECC
would pay $1 09,536.50 to Ovennan de Panama.
5
Case 3:09-cr-00397-HEH Document 7 Filed 11113/2009 Page 5 of 8
Panamanian elected official, and deposited into his account as a corrupt payment for awarding
PEee the contract.
18, On or about December 22, 1997, a dividend payment 0[S81,OOO was issued to
Wannspell Holding Corporation for the purpose of making a corrupt payment to Government
Official B. a Deputy Administrator of APN, for awarding the contract to PEeC.
19. On or about December 22, 1997, a dividend payment 0[$81 ,000 was issued to
Soderville Corporation, a company belonging to Government Official A. in order to make a
corrupt pa}t1Tlent to Government Official At the Director of APN. for awarding PEee the
contract.
20. On or about December 19. 1997, lumet caused a di vidend payment 0[S27,000 to
be transferred by wire from PEeC's L10yds Bank account to Co-conspirator A's account at First
Virginia Bank of Tidewater in Virginia.
21 . On or about December 19. 1997, JUMET received a dividend payment of
S27.0OO, which he had transferred from PECC's Lloyds Bank account in Panama to his bank
account at Lloyds Bank in Panama.
22. In or about late 1999, Panama's Comptroller General began investigating APN's
decision to award PECC a contract without soliciting other bids. As a result of this investigation,
with few exceptions, the Panamanian government did not make any payments to PECC from
1999 unlil2oo3. The government also did not allow PECC to collect the lighthouse and buoy
tariffs.
23. In or about September 1999, J UMET and Co-conspirator A agree that PECC
would pay $1 09,536.50 to Overman de Panama.
5
Case 3:09-cr-00397-HEH Document 7 Filed 11113/2009 Page 5 of 8
Panamanian elected official, and deposited into his account as a corrupt payment for awarding
PEee the contract.
18, On or about December 22, 1997, a dividend payment 0[S81,OOO was issued to
Wannspell Holding Corporation for the purpose of making a corrupt payment to Government
Official B. a Deputy Administrator of APN, for awarding the contract to PEeC.
19. On or about December 22, 1997, a dividend payment 0[S81 ,OOO was issued to
Soderville Corporation, a company belonging to Government Official A. in order to make a
corrupt pa}t1Tlent to Government Official At the Director of APN. for awarding PEee the
contract.
20. On or about December 19. 1997, lumet caused a dividend payment 0[S27,000 to
be transferred by wire from PEeC's L10yds Bank account to Co-conspirator A's account at First
Virginia Bank of Tidewater in Virginia.
21 . On or about December 19, 1997, JUMET received a dividend payment of
S27.0OO, which he had transferred from PECC's Lloyds Bank account in Panama to his bank
account at Lloyds Bank in Panama.
22. In or about late 1999, Panama's Comptroller General began investigating APN's
decision to award PEeC a contract without soliciting other bids. As a result of this investigation,
with few exceptions, the Panamanian government did not make any payments to PECC from
1999 unlil2oo3. The government also did not allow PEeC to collect the lighthouse and buoy
tariffs.
23. In or about September 1999, JUMET and Co-conspirator A agree that PECC
would pay $1 09,536.50 to Overman de Panama.
5
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 21 of 23Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 6 of 8
24. In or about February 2000, Co-conspirator A filed a lawsuit on behalf ofOvennan
de Panama against PEee in the Circuit Court for the City of Virginia Beach. Virginia, seeking
S84,536.50 plus expenses and interest.
25. In or about November 2000. the Court ordered PEee to pay Overman de Panama
$94,875.07 plus interest.
26. In 2002, Co-conspirator A sought to recoup the judgement against PEee
through a civil lawsuit brought in Panama.
27. On or about June 24, 2003, PECC paid Overman de Panama $50,000. Co-
conspirator A. who was the President of Overman de Panama and Overman Associates. had the
funds wire transferred from Overman de Panama's account 10 Overman Associates's account at
Wachevia Bank in Virginia Beach, Virginia. Co-conspirator A had the funds distributed to
Overman Associates's shareholders. Co-conspirator A received more than 66 percent of the
funds approximately $33,350.
28. In or about July 23, 2003, PECC paid Ovennan de Panama an additional S50,OOO,
which was later transferred by wire from Ovennan de Panama's account to Ovennan
Associates's account at Wachovia. Co-conspirator A had the funds distributed to PECC's
shareholders. Co-conspirator A received approximately $33,350.
29. In October 2003, Government Official A and SG, a Panamanian lawyer, traveled
LO Miami, Florida and met with JUMET.
30. In November 2003, GC, a Panamanian citizen and a fonner employee of
PECC, traveled to Washington, D.C. to meet with JUMET.
6
· . Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 6 of B
24. In or about February 2000, Co-conspirator A filed a lawsuit on behalfofOvennan
de Panama against PEee in the Circuit Court for the City of Virginia Beach. Virginia, seeking
S84,536.50 plus expenses and intcrest.
25. In or about November 2000. the Court ordered PEee [0 pay Overman de Panama
S94,875.07 plus interest.
26. In 2002, Co-conspirator A sought to recoup the judgement against PEee
through a civil lawsuit brought in Panama.
27. On or .bout June 24, 2003, PECC paid Overman de Panama $50,000. Co-
conspirator A. who was the President of Overman de Panama and Overman Associates, had the
funds wire transferred from Overman de Panama's account 10 Overman Associates's account at
Wachovia Bank in Virginia Beach. Virginia. Co-conspirator A had the funds distributed to
Overman Associates 's shareholders. Co-conspirator A received more than 66 percent of the
funds approximately $33.350.
28. In or about July 23. 2003. PECC paid Ovennan de Panama an additional S50,OOO,
which was later transferred by wire from Ovennan de Panama's account to Ovennan
Associates's account at Wachovia. Co-conspirator A had the funds distributed to PECC's
shareholders. Co-conspirator A received approximately $33,350.
29. In October 2003, Government Official A and SG, a Panamanian lawyer. traveled
to Miami, Florida and met with JUMET.
30. In November 2003, GC, a Panamanian citizen and a fonner employee of
PECC, traveled to Washington, D.C. to meet with JUMET.
6
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24. In or about February 2000, Co-conspirator A filed a lawsuit on behalf ofOvennan
de Panama against PEee in the Circuit Court for the City of Virginia Beach, Virginia, seeking
S84,536.50 plus expenses and interest.
25. In or about November 2000. the Court ordered PEee to pay Overman de Panama
$94,875.07 plus interest.
26. In 2002. Co-conspirator A sought to recoup the judgement against PEee
through a civil lawsuit brought in Panama.
27. On or about June 24, 2003, PECC paid Overman de Panama S50,000. Co-
conspirator A. who was the President of Overman de Panama and Overman Associates, had the
funds wire transferred from Overman de Panama's account 10 Overman Associates's account at
Wachovia Bank in Virginia Beach. Virginia. Co-conspirator A had the funds distributed to
Overman Associates's shareholders. Co-conspirator A received more than 66 percent of the
runds approximately $33.350.
28. In or about July 23, 2003. PECC paid Ovennan de Panama an additional S50,OOO,
which was later transferred by wire rrom Ovennan de Panama's account to Ovennan
Associates's account at Wachovia. Co-conspirator A had the funds distributed to PECC's
shareholders. Co-conspirator A received approximately S33,350.
29. In October 2003. Government Official A and SG, a Panamanian lawyer, traveled
to Miami, Florida and met with JUMET.
30. In November 2003, GC, a Panamanian citizen and a fanner employee of
PECC. traveled to Washington, D.C. to meet with JUMET.
6
· . Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 6 of B
24. In or about February 2000, Co-conspirator A filed a lawsuit on behalf ofOvennan
de Panama against PEee in the Circuit Court for the City of Virginia Beach, Virginia, seeking
S84,536.50 plus expenses and interest.
25. In or about November 2000. the Court ordered PEee to pay Overman de Panama
S94,875.07 plus interest.
26. In 2002. Co-conspirator A sought to recoup the judgement against PEee
through a civil lawsuit brought in Panama.
27. On or about June 24, 2003, PEee paid Overman de Panama S50,000. Co-
conspirator A. who was the President of Overman de Panama and Overman Associates, had the
funds wire transferred from Overman de Panama's ilccounllo Overman Associates's account at
Wachovia Bank in Virginia Beach. Virginia. Co-conspirator A had the funds distributed to
Ovennan Associates's shareholders. Co-conspirator A received more than 66 percent of the
runds approximately $33,350.
28. In or about July 23, 2003, PECC paid Ovennan de Panama an additional S50,OOO,
which was later transferred by wire rrom Ovennan de Panama's account to Ovennan
Associates's account at Wachovia. Co-conspirator A had the funds distributed to PECC's
shareholders. Co-conspirator A received approximately S33,350.
29. In October 2003, Government Official A and SG, a Panamanian lawyer, traveled
to Miami, Florida and met with JUMET.
30. In November 2003, GC, a Panamanian citizen and a fonner employee of
PECC, traveled to Washington, D.C. to meet with JUMET.
6
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· . Case 3:09-cr-00397-HEH Document 7 Filed 1111312009 Page 7 of 8
31 . In 2004. sa, a Panamanian lawyer, had $50,000 wired to JUMET's account in
Richmond, Virginia.
32. In January 2005 , JUMET knowingly and willfully made a material false
statement to federal agents about the payment of a $18.000 dividend check issued in December
1997 and endorsed by Government Official C, a high ranking elected Panamanian official.
JUMET falsely stated that the dividend check was a donation for Government Official C's
reelection campaign. JUMET knew that Government Official C was not seeking reelection and
the check was in fact given to the official as a corrupt payment for allowing PEeC to receive the
contract [rom the Panamanian government.
By:
By:
Respectfully submitted,
DANA J. BOENTE Acting United States Attorney
STEVEN R. TYRRELL Chief, Fraud Section U.S. D ment of Justice, Criminal Division
Rina C. Tucker Harris Trial Attorney U.S. Department of Justi ce, Criminal Division
7
Case 3:09-cr-00397-HEH Document 7 Filed 11113/2009 Page 7 of 8
31 . In 2004, SG, a Panamanian lawyer. had $50,000 wired to JUMET's account in
Richmond, Virginia.
32. In January 200S, JUMET knowingly and willfully made a material false
statement to federal agents about the payment of a $18,000 dividend check issued in December
1997 and endorsed by Government Official C, a high ranking elected Panamanian official.
JUMET falsely stated that the dividend check was a donation for Government Official C 's
reelection campaign. JUMET knew that Government Official C was not seeking reelection and
the check was in fact given to the official as a corrupt payment for allowing PECC to receive the
contract from the Panamanian government.
By:
By:
Respectfully submitted,
DANA J. BOENTE Acting United States Attorney
STEVEN R. TYRRELL Chief, Fraud Section U.S. D ment of Justice, Criminal Division
Mi aol S. Dry .,....,.i,stant United States Attorney
Rina C. Tucker Harris Trial Attorney U.S. Department of Justice, Criminal Division
7
Case 3:09-cr-00397-HEH Document 7 Fited 11113/2009 Page 7 of 8
31 . In 2004, SG, a Panamanian lawyer, had $50,000 wired to JUMET's account in
Richmond, Virginia.
32. In January 200S, JUMET knowingly and willfully made a material false
statement to federal agents about the payment of a S 18,000 dividend check issued in December
1997 and endorsed by Government Official C, a high ranking elected Panamanian official.
JUMET falsely stated that the dividend check was a donation for Government Official C's
reelection campaign. JUMET knew that Government Official C was not seeking reelection and
the check was in fact given to the official as a corrupt payment for allowing PECe to receive the
contract from the Panamanian government.
By:
By:
Respectfully submitted,
DANA J. BOENTE Acting United States Attorney
STEVEN R. TYRRELL Chief, Fraud Section U.S. D mcnt of Justice, Criminal Division
Mi ael S. Dry istant United States Attorney
~.,.......
Rina C. Tucker Harris Trial Attorney U.S. Department of Justice, Criminal Division
7
Case 3:09-cr-00397-HEH Document 7 Fited 11113/2009 Page 7 of 8
31 . In 2004, SG, a Panamanian lawyer, had $50,000 wired to JUMET's account in
Richmond, Virginia.
32. In January 2005, JUMET knowingly and willfully made a material false
statement to federal agents about the payment of a S 18,000 dividend check issued in December
J 997 and endorsed by Government Official C, a high ranking elected Panamanian official.
JUMET falsely stated that the dividend check was a donation for Government Official C's
reelection campaign. JUMET knew that Government Official C was not seeking reelection and
the check was in fact given to the official as a corrupt payment for allowing PEee to receive the
contract from the Panamanian government.
By:
By:
Respectfully submitted,
DANA J. BOENTE Acting United States Attorney
STEVEN R. TYRRELL Chief, Fraud Section U.S. D ment of Justice, Criminal Division
Mi ael S. Dry istant United States Attorney
~.,.......
Rina C. Tucker Harris Trial Attorney U.S. Department of Justice, Criminal Division
7
Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 23 of 23Case 3:09-cr-00397 -HEH Document 7 Filed 11 /13/2009 Page 8 of 8
PECLARATION
By my signature appearing below, I affinn under penalty ofpeIjury that I have read and
agree with [he contents of this statement of facts and the same is incorporated by reference into
the plea agreement. Moreover. I admit that I participated in the underlying criminal conduct as
staled. This is the _ _ _ day of August 2009.
~~ARDJUMET Defendant
I am the attorney for the defendant and I have read and agree with the statement of facts .
Date Counsel for CHARLES PAUL EDWARD JUMET
8
Case 3:09-cr-00397 -HEH Document 7 Filed 11 /13/2009 Page 8 of 8
DECLARATION
By my signature appearing below, I affinn under penalty of perjury that I have read and
agree with the contents of this statement of facts and the same is incorporated by reference into
the plea agreement. Moreover. I admit that I participated in the underlying criminal conduct as
staled. This is the _ _ _ day of August 2009.
~~ARDJUMET Defendant
I am the attorney for the defendant and I have read and agree with the statement of facts ,
Date Counsel for CHARLES PAUL EDWARD JUMET
8
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 8 of 8
DECLARATION
By my signature appearing below, I affinn under penalty ofpeljury that I have read and
agree with the contents of this statement of facts and the same is incorporated by reference into
the plea agreement. Moreover, I admit that I participated in the underlying criminal conduct as
staled. This is the _ __ day of August 2009.
~~ARDJUMET Defendant
1 am the attorney for the defendant and I have read and agree with the statement of facts ,
Date Counsel for CHARLES PAUL EDWARD JUMET
8
Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 8 of 8
DECLARATION
By my signature appearing below, I affinn under penalty ofpetjury that I have read and
agree with the conlents of this statement of facts and the same is incorporated by reference into
the plea agreement. Moreover, I admit that I participated in the underlying criminal conduct as
staled. This is the _ __ day of August 2009.
~~ARDJUMET Defendant
1 am the attorney for the defendant and I have read and agree with the statement of facts ,
Date Counsel for CHARLES PAUL EDWARD JUMET
8
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API'ENDIX B SENTENCES OF PERSONS wno PLED GUILTY TO FCPA VIOLATIONS S INCE 2000
DEFEN DANT CASE NUMIlE R 5K AMOUNT SENTENCE DOWNWARD OF (exc luding monetary DEPARTURE IlRIIlES penalties)
BASED ON SU BSTANTIAL ASSISTANCE
I Ch:lrlcs Paul Edward JUntct United Slates v. Jumcl. NO - 200K 87 months' impri sonment I (Vice Pres ident : President) 09-CR-397 (E.D. Va. 2008)
2 Mis:w Hioki United States v. Hioki. YES - 1M 24 months' imprisonment I (General Mana. er) 08-CR-795 (S.D. Tex. 2008)
3 Shu QU:II1-Shcng United States v. Quan-Sheng. NO - 189K 51 months' impri sonment I (President , Secretary. and Treasurer) 08-CR- 194 (E.D. Va. 2008)
4 Martin Eric Self United States v. Self, NO - 70K 2 years' probation I (CEO) 08-CR-110 (C.D. Cal. 2008)
5 Jason Edw:tnl Sfcph United States v. Slcnh. YES - 6M 15 months' imprisonment I (General Manager) ' 07-CR-307 (S.D. Tex. 2007)
6 Jim Bob Brown United Siales v. Brown. YES - 6M I year and I day's I (M"naging Direc tor) 06-CR-3 16 (S .D. Tex. 2006) impri sonment
7 Ste"en J . Ott United States v. OU. YES - 267K 6 months' home (Executive Vice President) 07-CR-608 (D. N.J . 2007) confinement: 5 years'
probation 8 Yaw Osci Amoako United Sl:Itcs v. Amoako, YES - 267K 18 months' impri sonment
I (Regional Director) 06-CR-702 (D. N.J . 2006) 9 Roge r Mich~lel Young United States v. Young. YES - 267K 3 months' home
(Managing Director) 07-CR-609 (D. N.J . 2007) confinement: 5 years .
probation 10 Christ i~1II Sllpsizian United States v. Sansiz ian. el a l, YES - 2.4M 30 months' impri sonment
I (Vice Pres ident) 06-C R-20797 (S. D. Fla. 2006) II Slc\'cn Lynwood Hcad l United Stales v. I-lead. YES - 2M 6 months' imprisonment
(Pro~ram Manager) 06-CR-1380 (S. D. Ca l. 2006)
I Judgment states "defendant is hereby committed to the custody of the United States Bureau of Prisons 10 be imprisoned for a ternl o f 18 months_ including 6 momhs to be served in a halfway housc:' IDocket Entry 35) 1 Pled to falsificatio n Of Dooks and records port ion of the FCPA: not anti-bribery.
1
APPENDIX B SENTENCES OF PERSONS wno PLED GU ILTY TO FCPA VIOLATIONS SINCE 2000
DEFENDANT CASE NUMBER SK AMOUNT SENTENCE DOWNWARD OF (exc luding monetary DE PARTURE BRIBES pena It ies)
BASED ON SUBSTANTIAL ASSISTANCE
I Cll:lrles 1':1111 Edward .'ulllet United States v. JUlllel. NO - 200K 87 mon ths . imprisonment (Vice President: President) 09-CR-397 (E.D. Va. 2008)
2 Mis:1O Hioki United States v. I-Ii ok i. YES - 1M 24 months' imprisonment ! (General Mana.uer) 08-CR-795 (S .D. Tex. 2008)
3 Shu QU:II1 -Shcng United States v. Quan-Sheng, NO - 189K 5 1 months' imprisonment I (l>rcsidenl. Secretary. and Treasurer) 08-CR-1 94 (E.D. Va. 2008)
4 Martin Eric Sctr United States v. Selr. NO - 70K 2 years' probation I (CEO) 08-C R- 11 0 (C.D. Cal. 2008)
5 ,':'ISUft Edward S lcph United States v. Stcnh_ YES - 6M 15 months' im prisonment I (General Manager) 07-CR-307 (S .D. Tex. 2007)
6 Jim Bob Brown United States v. Brown. YES - 6M I year and I day's (MaIl3£ing Director) 06-CR-316 (S .D. Tex. 2006) imprisonment
7 S levcn J . ou United States v. Ou. YES - 267K 6 months ' horne (Executive Vice Pres idcnt ) 07-CR-608 (D. N.J . 2007) confinement: 5 years'
probation 8 Yaw Osci Amoako United SWtcs v. Amonko, YES - 267K 18 months' imprisonment
I (Regional Director) 06-CR-702 (D. N.J . 2006) 9 Roger Michllcl Young United States v. Young. YES - 267K 3 months' home
(Managi ng Director) 07-CR-609 (D. N.J . 2007) confinemcnt: 5 years' probation
10 C hl'is li:.UI S:Ips izian United States v. S:IQsizi:IIl, e t Oi l. YES - 2.4M 30 months . imprisonmcnt I (Vice Pres iden t) 06-C R-20797 (S. D. Fla. 2006)
II Sleven Lynwood Heml l United States v. I-lead. YES - 2M 6 months' imprisonment I (I'rogralll M:lIlag-cr) 06-CR- 1380 (S .D. Ca l. 2006)
1 Judgmenlstates "defendant is hereby committed to the custody of the United StllIes Bureau of Prisons to be imprisoned for a ternl o f 18 months. including 6 months to be ser\'ed in a halfway house: ' I Docket Entry 35) 1 Pled to fa lsification of books and records portion of lhe FCPA: not anti-bribery.
1
AI'PENOLX B SENTENCES Of PERSONS WUO PLED GU ILTY TO fCPA VIOLATIONS SINCE 2000
DEfENDANT CASE NUMBER 5K AMOUNT SENTENCE DOWNWARD Of (exc luding monetary DE PARTU RE IJlllBES pella 11 ies)
BASE D ON SU BSTANTIAL ASSISTANCE
I C harlcs P:1U1 Edward .JuUlct United States v. Jumel. NO -200K 87 months · imprisonment (Vicc Pres idcnt : President) 09-CR-397 (E.D. Va. 2008)
2 MislW Hioki United States v. llioki . YES - 1M 24 months · imprisonment (Gcllcrnl Mnna,ger) 08-CR-795 (S.D. Tex. 2008)
3 Shu Quan-Shcng United States v. Quan-Shcng. NO - 189K 51 months · imprisonmcnt I (President. Secretary. and Treasurer) 08-CR-1 94 (E.D. Va. 2008)
4 1\brtin Er ic selr United States v. Selr. NO -70K 2 years' probation I (CEO) 08-CR- 11 0 (C.D. Cal. 2008)
5 .hlS01t Edward Stcllh United States v. StcQ:h. YES - 6M 15 months' imprisonmellt I (General Managcr) 07-CR-307 (S.D. Tex. 2007)
6 .Jim Bob Brown United States v. Brown. YES - 6M I year and I day's I (Managi ng Director) 06-CR-3 16 (S.D. Tex . 2006) imprisonment
7 S levcn J . 011 United States v. Ou. YES - 267K 6 months' home (Exccut ive Vice Pres ident ) 07-CR-608 (D. N.J . 2007) confinement : 5 years'
probation 8 Y,IlV Osl'i Amoaku Uniu.'d Sillies v. Amonko, YES -267K 18 months ' imprisonment
I (Regiona l Director) 06-CR-702 (D. N.J . 2006) 9 Roger Mich:tel Young United States v. Young. YES - 267K 3 months' home
(Managi ng Director) 07-CR-609 (D. N.J . 2007) confinement: 5 years' probation
10 C hris tiliU S!ll's izian Unitcd States v. S:IQ:sizinn, e t ai, YES - 2.4M 30 months · imprisonment I (Vice Pres ide nt) 06-CR-20797 (S. D. Fla. 2006)
II SI('\'CII Lynwood I-lead ': United States v. 1·lcad. YES - 2M 6 months' imprisonment I (Program Manaver) 06-CR- 1380 (S.D. Cal. 2006)
• Judgmcnt st3tcs "defend3n! is hereby cOl11mil1cd to the custody of the United SIllies Bureau of Prisons 10 be imprisoned for 3 ternl of 18 1II0nlhs. including 6 Illonlhs 10 be served in u h3tfw3Y house: ' I Dockcl Emry 35) 1 Pled to f31sifiCUlion of books alld records portion o( tlle FCPA: nOI 3n!i-bribcry.
1
AI'PENOLX B SENTENCES Of PERSONS WUO PLED GU ILTY TO fCPA VIOLATIONS SINCE 2000
DEFENnANT CASE NUMBE R 5K AMOUNT SENTENCE DOWNWARD OF (exc luding monetary DEPARTURE BlllBES penalties)
BASED ON SUBSTANTIAL ASSISTANCE
I C harlcs P:1U1 Edward .'UUlct United States v. Jumel. NO -200K 87 months · imprisonment (Vice Pres ident : President) 09-C/(-397 (E.D. Va. 2008)
2 MislW Hioki United States v. llioki. YES - 1M 24 months · imprisonment (General Mnna,ger) 08-CR-795 (S.D. Tex. 2008)
3 Shu Quan-Shcng United States v. Quan-Sheng. NO - 189K 5 1 months · imprisonmcnt I (President. Secretary. and Treasurer) 08-CR- 194 (E.D. Va. 2008)
4 1\1:Irtill Eric selr United States v. Sel r. NO - 70K 2 years' probation I (CEO) 08-CR- II O (C.D. Cal. 2008)
5 .hlson Edward Stcllh United States v. Stcnh. YES - 6M 15 months' imprisonmellt I (General Manager) 07-CR-307 (S.D. Tex. 2007)
6 .Jim Bob Brown United States v. Brown. YES - 6M I year and I day's I (Managing Director) 06-CR-3 16 (S.D. Tex . 2006) imprisonment
7 Slevcn J . Ott United States v. Ou. YES - 267K 6 months' home (Executive Vice Pres iden t) 07-CR-608 (D. N.J . 2007) confinement: 5 years'
probation 8 Y,IlV Osl'i Amoaku United Sillies v. Amonko, YES - 267K 18 months' imprisonment
I (Regional Director) 06-CR-702 (D. N.J . 2006) 9 Rogcr Mich:tcl Yo ung United States v. Young. YES -267K 3 1110nths' home
(Managi ng Director) 07-CR-609 (D. N.J . 2007) confinement: 5 years' probation
10 C hris tian S!I!,sizian Unitcd SWtcs v. Sansizian, e t ai, YES - 2.4M 30 months · imprisonment I (Vice Pres ide nt) 06-CR-20797 (S. D. Fla. 2006)
II SI('\'CII Lynwood I-lcad " United States v. 1·lcad. YES - 2M 6 months' imprisonment I (Program Mannver) 06-CR- 1380 (S.D. Ca l. 2006)
I Judgmcnt sl3tes "defend3nt is hereby cOl11miued to the custody of the United Stllles Bureau of Prisons 10 be imprisoned for 3 teml o f 18 months. induding 6 months 10
be served in II h31fw3Y house:' I Dockcl Entry 351 1 Pled 10 falsificntion o f books and records portion of the FCPA: nOI 3nti-bribcry.
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A PPEND IX B SENTENCES OF PERSONS WHO PLED GUILTY TO FC ['A VIOLATIONS S INCE 2000
DEFENDANT CASE NUM BER 5K AMOUNT SENT ENCE DOWNWARD OF (excluding moneta ry DEPARTURE BRIBES pena hies)
BASED ON SUBSTANTIAL ASSISTANCE
12 Richa rd John Novak United States v. Randock, ct al. YES - 30K-70K 3 years' probation (Employee) 05-CR- 180 (E. D. Wash. 2005)
13 Fahccm MOllsa 8 .. 1am United States II. Salam, YES - 60K 36 months' imprisonment (Trans lator/Contractor) 06-CR- 157 (D.D.C. 2006)
14 RiclHlnJ G. Pitchford United States v. Pitchford . YES - 400K I year and I day's I (V ice Pres ident ; Country Manager) 02-C R-365 ( D.D.C. 2002) impri sonment
15 GallIum Scngllpl:l United Statcs v. ScnguQla. YES - 127 K 2 months' imprisonment ; (Task Manager) 02-CR-040 (D.D.C. 2002) 4 months' home
confinement 16 Rlllucntlm Bastl United Stales v. Basu. NO - 127K 15 months' imprisonment
(Trust Funds Managcrt 02-CR-475 (D. D.C. 2002) 17 Richard K. Halford United Stales v. Ha lford. YES - 1.5M 5 years' probat ion
(CFO) 0 1-CR-22 1 ( W.O. Mo. 200 1) 18 Albert iteitzJ United States II. Reitz. YES - 1.5M 6 months' home
(Vice Pres ident and Secretary) 0 1-CR-222 (W.O. Mo. 200 1) can Ii nemenl; 5 years' probat ion
19 Daniel Ray n.othrock' United States v. Roth rock, -- - 300K 1 year's probation (Vice Pres ident) 0 1-CR-343 (W.O. Tex. 200 1)
20 A lbert Jackson 4'J .ICk" Sta nley ) United Statcs v. Stanley, -- - 10.8M 84 months' impri sonmcnt ; (Officer/Director) 08-CR-597 (S.D. Tex. 2008) Rule I I (c)( I)(C)
3 Unitcd States Sentencing Guidelines Section 2B4 .1. with :;I base o ffcnse leve l of 8. was the applicable U.S.S.G. Section at this tillle. After Novembcr 2002 , Section 2e l.! , with a base offense leve l of 12. became the applicllble V.5.S.G. Section in accordance with international treaty obligations. ~ No indication on docket. 5 Not yet sentenced: however. included in this chart since plea was pursuant to Rule II(c)(I)(C) with an agreed upon sentenceof84 1110nths. Plea agreement provides for the possibi lity ofa sentence reduction below 84 months.
2
A PPEND IX B SENTENCES OF PERSONS WHO I'LED GUILTY TO FC I'A VIOLATIONS SINCE 2000
DEFEN DANT CASE NUMBER 5K AMOUNT SENTENCE DOWNWARD OF (excluding monetary DEPA RT UR E BRIBES penalties)
BASED ON SUBSTANTIAL ASSISTANCE
12 Richard John Nov:lk United States v. Randock, cl nl. YES - 30K-70K 3 years' probation I (EmDloyee) 05-CR-ISO (E.D. Wash. 2005)
13 F;,hccm Mo usa 8:11 am United States v. Salam. YES - 60K 36 months' impri sonment ~ _ (Translator/Contractor) 06-CR- 157 (D.D.C. 2006)
14 Richun.l G. Pitchford United States v. Pitchford . YES - 400K I year and 1 day' s (Vice Pres ident : Country Manager) 02-CR-365 (D.D.C. 2002) imprisonment
15 Gauhllll Sengupta United Stales v. Seng,uQta. YES - 127K 2 months' impri sonment: (Task Manager) 02-CR-040 (D.D.C. 2002) 4 months' home
confinement 16 R:lnlcndra Basu United States v. BaslI. NO - 127K 15 months' imprisonment
I (Trust Funds Manager) 02-CR-4 75 (D.D.C. 2002) 17 Richard K. Hal ford" Uni td States v. Ha lford. YES - 105M 5 years' probat ion
I (CFO) 0 1-CR-221 (W.D. Mo. 200 1) 18 Albert itcil7./ Un ited States v. Reitz, YES - 105M 6 months' home
(Vice Pres idcnt alld Secrcwry) 01-CR-222 (W.D. Mo. 2001) conlincmcl lt : 5 years' probation
19 Dll1licl Ray n.olhrockJ Un ited Statcs v. ROIhrock . -- - 300K I year's probation (V ice President) 0 1-CR-343 (W.D. Tex. 2001)
20 Alberl J uckso ll u,J1ICk" StulIII'Y' Uni tcd States v. Slanley. -- - IO .SM 84 months' impri sonment : (Officer/Director) OS-CR-597 (S.D. Tex. 2008) Rule II(c)( I)(C)
3 United Slales Sentencing Guidelines Section 2B4. 1, with II base o liense leve l of8, was the applicable U.S.S.G. Section at Ihis tillle. Aller November 2002. Scction 2C 1.1 , with a basc offensc leve l of 12, became the applicable U.S.S.G. Scction in accordance with international trcatyobligations. ~ No indication on docket. 5 Not yct sentenced; howevcr, includcd in this chart sincc plea WAS pursuant to Rule II(c)(J )(C) with an agreed upon sentellceof84 months. Plea agreement provides for the possibi lity ofa senlellce reduction below 84 IlIOll lhs.
2
A PPEND IX B SENTENCES or PERSO S W HO PLED G UILTY TO rCI'A VIOLATIONS 51 ' CE: 2000
DEFENDANT CASE NUMBE R 5K AMOUNT SENTENCE DOWNWARD or (excluding monctnry DEPARTURE BRIBE pCIl:11tics)
BASED ON SU BSTANTIAL ASSISTANCE
12 Richard J ohn Nov:lk United States v. Randock, CI al. YES - 30K-70K 3 years' probation (Emplo\,ec) 05-CR-ISO (E.D. Wash. 2005)
13 Fahccm MOllsa Salam United Stutes v. Salam. YES - 60K 36 months ' impri sonment I (Translator/Contractor) 06-CR- 157 (D.D.C. 2006)
14 RiclHlnJ G. Pitchford UniteJ States v. J'itchrord . YES - 400K I year and 1 day' s (Vice Pres ident: Country M,lIlager) 02-CR-365 (D.D.C. 2002) impri sonment
15 GllUlam Scnglllli ll United SHHt'S v. Sengll~ta. YES - 127K 2 months . imprisonment: (Task Manager) 02-CR-040 (D. D.C. 2002) 4 months' home
confinement 16 R,lIucllti ra Basu Uni lCd States v. Basu. NO - 127K 15 months ' imprisonment
(Trust Funds Manager) 02-CR-4 75 (D.D.C. 2002) 17 Richard K. Ha lford" United Slaies v. Halrord. YES - 1.5M 5 years' probat ion
I (CFO) 0 1-CR-22 1 ( W.O. Mo. 200 1) 18 Albert Ileitz ' United States v. Reitz . YES - 105M 6 months' homc
(V ice Pres ident and Secretary) 0 1-CR-222 (W.O. Mo. 200 1) COil Ii Ilcmellt: 5 years' probat ion
19 Dauielll:tv n.olhrock' United Statcs v. ROIh rock, - - 300K I ycar's probat ion (V ice President ) 0 1-CR-343 (W.O. Tex. 200 1)
20 Albert J ackso n '''hlck'' Sta nley' Un ited States v. Stanley. -- - 10.8M 84 months' imprisonmen t: (Officer/Director) OS-CR-597 (S.D. Tex. 200S) Ru le 11 «)( ll(C)
l United Slales Sentenci ng Guideli nes Section 2B4. 1, with a base offense leve l or8. was the Appl icable U.S.S.G. Sel:tion At this tillle. Aller November 2002. Section 2C 1.1 , with A b3se o ffense level of 12. beca me Ihe 3pplicable U.5 .S.0. Section in 3ccord311ce wilh internatiOl131 treaty obligll tions. A No ind ication on docket 5 Not yet sentenced: however, included in this ehart since plea was pursuant to Rule II(eXI XC) with an agreed upon sentence of84 months. Pica Ilgreement provides for the possibi lity of ll sentence reduction below 84 mo nths.
2
A PPEND IX B SENTENCES OF I'ERSO S WHO PLED GUILTY TO FCI'A VIOLATIONS S I ' CE 2000
DEFENDANT CASE NUMBE R 5K AMOUNT SENTENCE IJOWNWARD OF (excluding monctnry DEPARTURE BRIBE pCIl:11tics)
BASED ON SUBSTANTI AL ASSISTANCE
12 Richard John Nov:lk Unitt:d States v. Randock, cl al. YES - 30K-70K 3 years' probation (Emplo\,ec) 05-CR- ISO (E.D. Wash. 2005)
13 Fahccm MOllsa Salam United Stutes v. Salam. YES - 60K 36 months ' impri sonment I (Tnllls lator/Colltr3Clor) 06-CR- 157 (D.D.C. 2006)
14 RiclHlnJ G. Pitchford Uni teJ States v. Pitchrord. YES - 400K I year and 1 day 's (Vice Pres ident : Country M,lIlager) 02-CR-365 (D. D.C. 2002) impri sonment
15 GllUla m Scngupl:l ~ United Sta tes v. Sengll~ta . YES - 127 K 2 months . imprisonment: (Task Manager) 02-CR-040 (D.D.C. 2002) 4 months' home
confinement 16 R,lIuclltira Busu United States v. Basu. NO - 127K 15 months ' imprisonment
I (Trust Funds Manager) 02-CR-4 75 (D.D.C. 2002) 17 Richard K. Ha lford '> Uni ted Slaies v. Halrord. YES - 1.5M 5 years' probat ion
I (CI'O) 01-CR-22 1 ( W.O. Mo. 200 1) 18 Albert neitz' United States v. Reitz. YES - 1.5M 6 months' home
(Vice Pres ident and Secretary) 01-CR-222 (W.O. Mo. 2001) confinement: 5 years' probntion
19 D:llliellhv n.olhrockJ United Statcs v. ROIhrock , - - 300K I years probation (V ice President ) 0 1-CR-343 (W.O. Tex. 2001)
20 Albert J ackso n '''hlck" Stanley' Un ited States v. Stanlc:,:. -- - 10.8M 84 months' imprisonment : (Officer/Director) OS-CR-597 (S.D. Tex . 200S) Rule II (e)( I )(C)
1 United Slates Sentencing Guidelines Section 2B4.1, with a base o ffense leve l of8. was the Applicable U.S.S.G. Section At this tillle. Aller November 2002. Section 2C 1.1 , with a base o ffense level of 12. beca me the applicable U .S.S.G. Section in accordance with international treaty obligations. A No indication on docket . 5 Not yet sentenced: however. included in this chart since plea was pursuant 10 Rule II(eXI Xc) with an agreed upon sentence of84 months. Plea agreement provides for the possibility or a sentence reduction below 84 mo nths.
2
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