joey meek plea agreement
TRANSCRIPT
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8/18/2019 Joey Meek Plea Agreement
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IN
THE
DISTR]CT COURT
OE THE UNITED
STATES
EOR
THE
DISTR]CT OF SOUTH
CAROL]NA
CHARLESTON
DIVISION
UNITED
STATES
OF
A}4ERICA
Criminal
No:
2:15-cr-00633-RMG
V.
PI.EA
AGREEMENT
iIOSEPE
MEEK
General
Provisions
This PLEA
AGREEMENT
201,6,
between
the
United
United States
Attorney
States Attorneys Jay N.
Defendant,
JOSEPE MEEK,
Barbier.
hr*o^o
,
@-,
States of
Amerj-car
ds represented
by
WILLIAM
N. NETTLES,
Assi-stant
United
Richardson
and Nathan
WiIIiams;
the
and
Defendant's
attorney,
Deborah
B.
IN
CONSIDERATION of
the mutual
promises
made
herein,
the
parties
agree
as follows:
1. The Defendant
agrees to
plead
guilty
to Count 1
and
2
of
the Indictment now
pending,
which
charges
Misprision
of
a
EeIony, a vioLation
of Title 18,
United
States
Code,
Section 3
(Count
1)
and
Making
a
Eal_se
Statement,
a
violation
of Titl-e
18, United
States
Code,
Section
1001
(Count
2)
.
rn
order
to sustain its
burden
of
proof,
the
Government
is
required
to
prove
the
following:
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A maximum
imprisonment of
five
years,
a fine
of
$250r
000,
supervised
release of three
years,
and a special
assessment
of
$100.
The Defendant understands and agrees
that
monetary
penalties
imposed by the
Court
are due immediately
and
subject to enforcement
by the United
States
as civil
judgments,
pursuant
to
1B USC
S
3613. The
Defendant
al-so
understands that payments made in accordance with
instafl-ment schedul-es
set by the Court are
minimum
payments
only and
do not
preclude
the
government
from
seeking
to
enforce the
judgment
against other assets of
the
defendant
at any timer ds
provided
in 1B
USC
SS
36L2, 3613
and
3664
(m)
.
The
Defendant
further agrees to enter lnto the
Bureau
of
Prisons Inmate Financial Responsibillty Program
if
sentenced to
a term of incarceration with
an unsatisfied
monetary
penalty.
The
Defendant
further
understands
that
any monetary
penalty
imposed is
not
dischargeable
in
bankruptcy.
A.
Special Assessment: Pursuant
to 1B
U.S.C.
S3013,
the Defendant
must
pay
a special
assessment
of
$100.00
for
each felony
count
for
which
he
is
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convicted.
This
special
assessment
must
be
paid
at
or before
the time
of
the
guilty
plea
hearing.
B. Eines: The
Defendant
understands that the
Court
may
impose
a
fine
pursuant
to 1B
U.S.C.
SS
3571
and
35'72.
The Defendant
understands
that
the
obl
j-gations
of
the
Government within
the Pfea
Agreement
are
expressly
contingent
upon
the Defendant's
abiding
by federal
and
state
raws
and complying with
any
bond
executed
in
this
case. rn
the event
that
the Defendant
fairs
to
comply
with
any
of
the
provisions
of this
Agreement,
either
express
or
i-mp]ied,
the Government wilI
have
the right,
dt
its
sol_e
election,
to
void
al-l-
of its
obl
igations
under
this
Agreement
and
the
Defendant
wj-l-1
not
have
any
right
to
withdraw
his
plea
of
guilty
to the
offense
(s)
enumerated
herein.
Cooperation
and Forfeiture
The
Defendant
agrees
to be
fu11y
truthful
and
forthright
wj-th
f
ederal-, state and local- raw
enf
orcement
agencies
by
providing
furr,
complete
and
truthfur
information
about
arr
criminal-
activit
j-es
about which
he
has
knowledge.
The
Defendant
must
provide
fu]l,
complete
and
truthful
debriefings
about
these
unrawful-
actlvities
and
must
furly
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the Government
wiII
use any
and all information
and
testimony
provided
by the Defendant
pursuant
to
this Agreement,
or any
prior
proffer
agreements,
in the
prosecution
of the
Defendant
of
al}
charges.
The Defendant agrees
to submit to
such
polygraph
examinations
as may be
requested
by the Government
and
agrees that
any such examinati-ons shalI be
performed
by
a
polygraph
examiner sel-ected
by the Government.
Defendant
further agrees
that his refusal- to take or his faj-l-ure
to
pass
any such
polygraph
examination to the
Government's
satisfaction
will- resul-t, Ert the
Government's
sole
discretion,
in the obligations
of
the
Government
within
the
Agreement becoming
null and
void.
The
Government
agrees that
any
d.
6
se
I
f-incriminating
a result
of
the
this Agreement,
information
provided
by the
Defendant
as
cooperation
required by the terms
of
although avail-able
to the Court, wiII not
be used
against
the
Defendant in
determining the Defendant's
applicable
guideline
Sentencing
paragraph
information
range for sentencing
pursuant
to
the
U.
S.
Commission
Guidel-ines.
The
provisions
of
this
shall not be applied to restrict
any
such
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a. known to the Government
prior
to
the date
of
thj-s
Agreement;
concerning
the existence
of
prior
convj-ctions
and
sentences;
b.
in a
prosecution
statement; or
for
perjury
or
giving
false
in the event the
Defendant
breaches any
of
the
terms of the Pl-ea
Agreement.
Provided the Defendant cooperates pursuant to
the
provisions
of
this
Pl-ea
Agreement, and that
cooperation
is
deemed by
the Government as
providing
substantial
assistance
in the investigation or
prosecution
of another
person,
the Government
agrees to move
the Court
for
a
downward
departure or
reduction of
sentence
pursuant
to
United States Sentenclng Guidelines
S5K1
.
1, Title
1 B
,
United States Code,
S
3553
(e)
or Federal
Rul-e
of Criminal
Procedure
35(b) . Any such
motj-on
by
the Government
is
not
binding upon the Court, and shoul-d
the
Court
deny
the
motion,
the
Defendant will have
no right
to withdraw
his
plea.
Merger
and Ottrer Provisions
The Defendant represents
to the
court that
he has
met with
his
attorney on a
sufficient number
of
occasions
and for
a
sufficient
period
of time
to discuss
the Defendant,
s
case
d.
B.
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q
and receive advice; that the Defendant
has
been
truthful
with his
attorney and
related
al-l information
of which
the
Defendant
is aware
pertaini-ng
to
the
case; that
the
Defendant
and
his attorney
have
discussed
possible
defenses, if any, to the charges in
the
Indictment
including
the
existence of any exculpatory
or favorable
evidence or
witnesses,
discussed
the Defendant's
right
to
a
public
trial- by
jury
or by the
Court, the right
to
the
assistance of counsel throughout the proceedings, the right
to cal-]
witnesses in
the
Def
endant'
s behal-f
and
compel
their attendance at trial- by subpoena,
the right
to
confront and
cross-examlne
the
government's
witnesses,
the
Defendant's right
to testify
in
his
own behalf,
or
to
remain silent and have no adverse inferences
drawn
from
his
silence; and that the Defendant, with the advice of
counsel-, has
weighed
the
relative
benefits
of
a trial-
by
jury
or by the Court
versus
a
plea
of
guilty pursuant
to
this Agreement, and has entered
this Agreement
as
a
matter
of the
Defendant's
free
and
voluntary
choice,
and not
as
a
result of
pressure
or
intimidation
by any
person.
The
Defendant
is
aware that
18
U.S.C.
S
3142
and 28
U.S.C.
S
2255
afford every defendant
certain
rights
to contest
a
convj-ction
and/or sentence. Acknowledging
those
rights,
the Defendant, in
exchange
for
the concessions
made
by
the
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10.
11.
Government
in
this
PIea Agreement, waives
the right
to
contest
either
the conviction or the sentence
in
any direct
appeal or other
post-conviction
action, including
any
proceedings
under 28 U.S.C.
S
2255.
(This
waiver
does not
apply to claims of
ineffective
assistance
of counsel
or
prosecutorial
misconduct
raised
pursuant
to 28
U.S.C.
S
22s5 .
)
The
Defendant 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,
5 U.S.C.
S
552,
or the
Privacy Act of
7914,5
U.S.C.
S
552a.
The
parties hereby
agree
the entire agreement
of
supersedes
aII
prior
promises,
representations
and
that this Agreement
shall not
be
the
Defendant
tenders
a
plea
of
statements of the
parties;
binding on any
party
until
guilty
to the court having
j
urisdiction over
this matter,'
that this
Agreement may
be
modified
only in writing
signed
by all
parties;
and that any and all
other
promises,
representations
and statements, whether
made
prior
to,
that this Plea
Agreement
contains
the
parties;
that this Agreement
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contemporaneous
void.
with
or after this
Agreement,
are nuII
and
,1
-
L',1,-lt,
DEBgRAH
B,
BARBIER
ATTORNEY EOR THE DEFENDANT
NETTLES
ATES
ATTORNEY
N. RICHARDSON
ISTANT
UNITED
(
#
09823
)
STATES
ATTORNEY
-10-
DATE
4-
'{-
lb
Date
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[I.
S.
DEPARTMENT
OF
JUSTICE
Statement
of
Special
Assessment
Amount
This
statement reflects
your
special
assessment
only.
There may
be
other
penalties
imposed
at
sentencing.
This
Special
Assessment
is
due and
payable
at
the
time
of
the
execution
of the
plea
aereement.
MAKE
CHECK OR
MONEY
ORDER
PAYABLE
TO:
CLERK, A.S.
DISTRICT COART
PAYMENT
SHOULD BE
SENT TO:
Clerk, U.S.
District Court
Hollings
Judicial Center
85
Broad
Street
Charleston, SC
29401
OR
HAND
DELIVERED
TO:
Clerk's Office
Hollings
Judicial
Center
85
Broad
Street
Charleston, SC 29401
(Mon.
-
Fri. 8:30
a.m.-
4:30
p.m.)
INCLUDE DEFENDANT'S NAME ON CHECK OR MONEY ORDER
(Oo
ttot
senA
cas,n)
ENCLOSE THIS
COUPON TO
INSURE PROPER and PROMPT
APPLICATION
OF
PAYMENT
ACCOTJNT INFORMATION
CRIM. ACTION
NO.:
2:15-cr-00633-RMG
DEFENDATIT'S NAME:
JOSEPH
MEEK
PAY
TIIIS AMOUNT:
$200.00
PAYMENT
Dt]E
ON OR
BEFORE:
(date
plea
agreement
signed)
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