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U.S. Department of Justice United States Attorney District of Columbia Judiciary Center 555 Fourth St. N.W Washington, D.C. 20530 November 19, 2003 BY HAND
Vandy L. Jamison, Jr., Esq. Dear Mr. Jamison:
This letter sets forth the full and complete plea offer to your client Cheryl H. Martin. This offer is binding only upon the Criminal Division of the United States Attorney's Office for the District of Columbia (sometimes referred to hereinafter as "the United States," "the government," or "this Office"). This plea offer will expire today. Upon receipt, the executed letter will itself become the plea agreement. The terms of the offer are as follows: 1. Charges: Ms. Martin agrees to waive indictment and to plead guilty to a one-count information charging conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 371. It is understood that the guilty plea will be based on a factual admission of guilt to the offense charged to be made before the Court by Ms. Martin and will be entered in accordance with Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure. Ms. Martin agrees that she will sign a "Statement of the Offense" that fairly and accurately describes Ms. Martin's actions and involvement in the conspiracy. It is anticipated that prior to or during the Rule 11 plea hearing, Ms. Martin will adopt and sign the Statement of the Offense as a written proffer of evidence. 2. Potential penalties, assessments, and restitution: Ms. Martin understands that the maximum sentence that can be imposed is five years imprisonment, a fine of $250,000, or a fine of twice the pecuniary gain or loss pursuant to 1 S U.S.C. § 3571(d), a$100 special assessment, a 3-year term of supervised release, an order of restitution, and an obligation to pay any applicable interest or penalties on fines or restitution not timely made. Notwithstanding the maximum sentence, Ms. Martin understands that the sentence to be imposed in this case will be determined in accordance with the guidelines and policies promulgated by the United States Sentencing Guidelines Commission, Guidelines Manual (2001) (hereinafter "Sentencing Guidelines"). Ms. Martin understands that this sentence, including the applicable Sentencing Guideline range, will be determined solely by the Court, and that the government cannot and does not make any promises, representations or predictions regarding what sentence the Court will impose. Ms. Martin further understands that if the Court imposes a sentence greater than that provided in the Sentencing Guidelines range as determined by the Court, or which is in any other way unsatisfactory to her, she cannot withdraw his guilty plea. 3. Federal Sentencing Guidelines: The parties agree that the following Guideline calculations apply:
Your client agrees not to seek any departures or downward adjustments from the Sentencing Guidelines calculation agreed to in this paragraph, In the event that this plea offer is either not accepted or is accepted and subsequently withdrawn, the parties will not be bound by the proposed interpretations of applicable Sentencing Guidelines provisions contained herein. 4. Financial Arrangements: Ms. Martin agrees that prior to or at the time of the sentencing, he will deliver to the Clerk's Office, United States District Court, a certified check in the amount of $100.00, to cover the special assessment, as required in Title 18, United States Code, Section 3013. Ms. Martin also agrees to provide a full and complete accounting of all assets, real or tangible, held by her or in any other name for his benefit, and, to that end, to submit a standard Form 500 (Financial Statement of Debtor). 5. Cooperation: Ms. Martin agrees to cooperate completely, candidly, and truthfully in the investigation by this Office and federal, state, and local law enforcement agencies. Specifically, Ms. Martin agrees:
6. Government Concessions: In exchange for her guilty plea, the government agrees not to oppose Ms. Martin's release pending sentencing, agrees not to oppose a -3-level adjustment for acceptance of responsibility pursuant to Sentencing Guidelines, Section 3E 1.1(b), agrees not to seek upward adjustments or departures from the Sentencing Guidelines calculation set forth in Paragraph 2 above, agrees not to oppose Ms. Martin's voluntary surrender to commence serving any sentence which is imposed, provided that Ms. Martin continues to show her acceptance of responsibility by: (a) cooperating with the presentence report writer (including answering all material questions truthfully and providing all financial information requested); (b) cooperating fully and truthfully with the court in any proceeding arising from this matter; (c) complying with the other provisions of this agreement; and (d) abiding by the conditions set for his release by the Court. Also, subject to other paragraphs in this agreement, the United States will not bring any additional criminal charges against Ms. Martin in the United States District Court in the District of Columbia or the Superior Court of the District of Columbia for the fraud and corruption outlined in the Information. This agreement not to prosecute Ms. Martin does not extend to federal or local crimes of violence as those terms are defined in 18 U.S.C. § 16 and D.C. § 23-1331(4). It is understood that the United States has no evidence, as of the date of this agreement, of any crimes of violence involving Ms. Martin. 7. Departure Committee: At the time of Ms. Martin's sentencing, the United States will advise the sentencing judge and the probation office of the full nature, extent, and value of the cooperation provided by Ms. Martin to the United States. In addition, before sentencing, the United States will inform the Departure Committee of the United States Attorney's Office for the District of Columbia of the full nature, extent and value of the cooperation provided by Ms. Martin to the United States. If the Departure Committee determines that Ms. Martin has provided substantial assistance in the investigation or prosecution of another person or entity that has committed any offense, then this Office will file a motion pursuant to § 5Kl.1 of the sentencing guidelines. Ms. Martin understands that the determination of whether she has provided "substantial assistance" is within the sole discretion of the United States Attorney for the District of Columbia. Ms. Martin further understands that the failure of this Office to file a "substantial assistance" departure motion is not a ground for her to move to withdraw her plea of guilty in this case. 8. Court is not bound: Ms. Martin understands that the Court is not obligated to follow any recommendation of the government at the time of sentencing and that the final decision regarding her bond status or detention will be made by the Court at the time of her plea of guilty. The Court's decision in these regards is not grounds for withdrawal from this agreement. 9. Reservation of Allocution: The United States reserves allocution, including, among other things, the right: to inform the presentence report writer of any relevant facts; to dispute factual inaccuracies in the presentence report and to contest any matters not provided for in this plea agreement; to set forth at sentencing and at any proceedings before the Bureau of Prisons all of its evidence with respect to all of Ms. Martin's criminal activities, subject to the provisions of the following paragraph. 10. The United States and Ms. Martin hereby agree that since Ms. Martin has agreed to cooperate with the United States, information provided by Ms. Martin shall not be held against her for purposes of calculating her sentence (See Sentencing Guidelines Section 181.8), and will not otherwise be used against her, except as follows:
11. If in this plea agreement the Government has agreed to recommend or refrain from recommending to the sentencing judge a particular resolution of any sentencing issue, the Government reserves the right to full allocution in any post-sentence litigation in order to defend the sentencing judge's ultimate decision on such issues. 12. Breach of Agreement: If Ms. Martin fails to make a complete, truthful, and candid disclosure of information to federal law enforcement officers, government attorneys, and grand juries conducting this investigation, or to the Court, and/or if she commits any further crimes, or attempts to withdraw the plea, the United States will have the right to characterize such conduct as a breach of this plea agreement. If during this investigation or prosecution Ms. Martin should commit perjury, knowingly give any false statement, commit any act of contempt, or obstruct justice, the United States may prosecute her for these offenses to the fullest extent provided by law. In the event of a breach, (a) the United States will be free from its obligations under the agreement and may take whatever position it believes appropriate as to the sentence and the conditions of Ms. Martin's release (for example, should your client commit any conduct after the date of this agreement that would form the basis for an increase in your client's offense level or justify an upward departure -examples of which include but are not limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while pending sentencing, and false statements to law enforcement agents, the probation officer or Court -- the Government is free under this agreement to seek an increase in the offense level based on that post-agreement conducts; (b) Ms. Martin will not have the right to withdraw the guilty plea; (c) Ms. Martin shall be fully subject to criminal prosecution for any other crimes which she has committed or might commit, if any, including perjury and obstruction of justice; and (d) the United States will be free to use against Ms. Martin, directly and indirectly, in any criminal or civil proceeding any of the information or materials provided by her pursuant to this cooperation agreement. Any such prosecutions of the defendant not time-barred by the applicable statute of limitations on the date of the signing of this agreement may be commenced against the defendant in accordance with this paragraph, notwithstanding the running of the applicable statute of limitations before the commencement of such prosecutions. Ms. Martin knowingly and voluntarily agrees to waive any and all defenses based on the statute of limitations for any prosecutions commenced pursuant to the provisions of this paragraph. 13. In the event of a dispute as to whether Ms. Martin has knowingly given materially false, incomplete or misleading information in fulfilling the terms other cooperation agreement or whether Ms. Martin has knowingly committed any other material breach of this agreement, and if the United States wants to exercise its rights under this agreement, and if Ms. Martin so requests, the matter shall be submitted to the Court and shall be determined by the Court in an appropriate proceeding at which Ms. Martin's disclosures and documents shall be admissible and at which time the United States shall have the burden to establish the same by a preponderance of the evidence. 14. Presence of Counsel: At all briefing and interviewing sessions conducted by investigators and/or attorneys for the government, Ms. Martin shall be entitled to the presence, advice, and assistance of counsel, unless waived. 15. USAO's Criminal Division: Ms. Martin understands that this agreement is binding only upon the Criminal Division of the United States Attorney's Office for the District of Columbia. This agreement does not bind the Civil Division of this Office or any other United States Attorney's Office. Nor does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax, or administrative claim pending or that may be made against Ms. Martin. 16. Waiver of Appeal: Ms. Martin is aware that federal law, specifically 18 U.S.C. § 3742, affords her the right to appeal her sentence. Ms. Martin is aware that the parties' calculation of the sentencing range under the Sentencing Guidelines is not a promise of the sentence to be imposed on her and is not binding on the Judge. Knowing that, Ms. Martin waives the right to appeal her sentence or the manner in which it was determined pursuant to 18 U.S.C. § 3742, except to the extent that (a) the Court sentences Ms. Martin to a period of imprisonment longer than the statutory maximum or (b) the Court departs upward from the applicable Sentencing Guideline range pursuant to the provisions of U.S.S.G. §§ 5K2. Further, Ms. Martin reserves her right to make a collateral attack upon her sentence pursuant to 28 U.S.C. § 2255 if new and currently unavailable information becomes known to her. In agreeing to this waiver, Ms. Martin is aware that her sentence has not yet been determined by the Judge. Realizing the uncertainty in estimating what sentence the Judge will ultimately impose, Ms. Martin knowingly and willingly waives her right to appeal the sentence, to the extent noted above, in exchange for the concessions made by the United States in this agreement. See In re Sealed Case, 283 F.3d 349, 355 (D.C. Cir.), cent. denied, 537 U.S. 891 (2002). 17. Complete Agreement: No other agreements, promises, understandings or representations have been made by the parties or their counsel than those contained in writing herein, nor will any such agreements, promises, understandings, or representations be made unless committed to writing and signed by Ms. Martin, Ms. Martin's counsel and an Assistant United States Attorney for the District of Columbia. If the foregoing terms and conditions are satisfactory, Ms. Martin may indicate her assent by signing the agreement in the space indicated below and returning the original to us once it has been signed by Ms. Martin and her counsel. Sincerely yours,
By: I have read this plea agreement and have discussed it with my attorney, Vandy L. Jamison, Jr. I fully understand this agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me. Nor am I under the influence of anything that could impede my ability to understand this agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in paragraph one of this plea agreement. I reaffirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in this plea agreement. I am satisfied with the legal services provided by my attorney in connection with this plea agreement and matters related to it.
Date: I have read each of the pages constituting this plea agreement, reviewed them with my client, and discussed the provisions of the agreement with my client, fully. These pages accurately and completely set forth the entire plea agreement. I concur in my client's desire to plead guilty as set forth in this agreement. |
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