Case3:15-cr-00319-RS Document46 FiledO7/Ol/15 Pagel of 16 HAAG (CABN 132612) United States Attorney JUL 0 1 File 20 DAVID R. CALLAWAY (CABN 121782) w. ME ,5 Chief, Criminal Division HAUN (DCBN 484131) ?01m, WILLIAM FRENTZEN (LABN 24421) Assistant United States Attorneys RAYMOND N. HULSER (MABN 551350) Chief, Public Integrity Section RICHARD B. EVANS (DCBN 441494) Trial Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7200 FAX: (415) 436-6753 william.frentzen@usdoj.gov; richard.evans@usdoj.gov Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, NO. 15 CR 319 RS Plaintiff, i PLEA AGREEMENT v. 3 CARL MARK FORCE IV, 3 Defendant. i 1, Carl Mark Force IV, and the United States Attorney?s Of?ce for the Northern District of California and the United States Department of Justice, Public Integrity Section (?the government?), enter into this written plea agreement (the ?Agreement?) pursuant to Rule and of the Federal Rules of Criminal Procedure: The Defendant?s Promises 1. I agree to plead guilty to Counts One, Two and Three of the captioned Information PLEA AGREEMENT Document46 FiledO7/Ol/15 Page2 of 16 charging me with (1) money laundering, in violation of 18 U.S.C. 1956(a)(1)(A) and (2) obstruction of justice, in violation of 18 U.S.C. 1512(c)(2); and (3) extortion under color of of?cial right, in violation of 18 U.S.C. 1951. I agree that the elements of the offenses are as follows: Count One: (1) I conducted a ?nancial transaction involving property that represented the proceeds of speci?ed unlawful activity (to wit, wire fraud, in violation of Title 18 U.S.C. 1343 and theft of government property, in violation of Title 18 U.S.C. 641); (2) I knew that the property represented the proceeds of said speci?ed unlawful activities; and (3) I knew that the transaction was designed in whole or in part to promote the carrying on of the speci?ed unlawful activities, or to conceal or disguise the nature, location, source, ownership, or control of the proceeds of the speci?ed unlawful activities. I further agree that the elements of the underlying unlawful activity of wire fraud are: (1) I knowingly devised a scheme or plan to defraud or to obtain money and property by means of false or fraudulent pretenses, representations, or promises; (2) the statements made or facts omitted were material; (3) I acted with the intent to defraud, that is, the intent to deceive or cheat; and (4) I used or caused to be used an interstate wire communication to carry out or attempt to carry out an essential part of the scheme. I further agree that the elements of the underlying unlawful activity of theft of government property are: (1) I knowingly embezzled, stole, or converted to my use or use of another the money or property of value with the intention of depriving the owner of the use or bene?t of the money or property; (2) the money or property belonged to the United States; and (3) the value of the money or prope1ty was more than $1,000. Count Two: (1) I obstructed, in?uenced, or impeded an of?cial proceeding; and (2) in doing so, I acted corruptly. Count Three: 1) I was a public of?cial; PLEA AGREEMENT Document46 FiledO7/01/15 Page3 of 16 I agree that the maximum penalties are as follows: Count One: Count Two: Count Three: PLEA AGREEMENT knew I was not entitled to receive; official action; and Maximum prison term Maximum ?ne Maximum supervised release term Restitution Mandatory special assessment Forfeiture Maximum prison term Maximum ?ne Maximum supervised release term Restitution Mandatory special assessment Forfeiture Maximum prison term Maximum ?ne Maximum supervised release term Restitution Mandatory special assessment Forfeiture (2) I obtained money or other property of value from other individuals or entities that I (3) I knew that the money or other property of value was given in return for taking some (4) I obtained the money or other property in a manner that affected interstate commerce. 20 years $250,000 or twice the gross gain or loss, whichever is greater 3 years i To be determined $100 See below 20 years $250,000 3 years To be determined $100 See below 20 years $250,000 or twice the gross gain or loss, whichever is greater 3 years To be determined $100 See below Document46 FiledO7/Ol/15 Page4 of 16 2. I agree that I am guilty of the offenses to which I am pleading guilty, and I agree that the following facts are true: I was an agent with the Drug Enforcement Administration (DEA) for 15 years until resigning on May 4, 2014. In 2012 and 2013, my primary responsibility was the Baltimore Division?s Silk Road investigation. In this role, I was the lead undercover agent on Baltimore?s case against ?Dread Pirate Roberts? (a/k/a a/k/a the mastermind of the Silk Road, an online drug and contraband marketplace. In my capacity as a member of the Baltimore Silk Road Task Force, I had access to and used the digital currency known as Bitcoin. My role on the task force involved communicating as an undercover agent with R.U. My of?cially-sanctioned undercover persona for doing so was ?Nob.? My communications with R.U. took place by interstate wire; I agree that the govemment could prove that R.U. was in the Northern District of California during 2012 and 2013, and that I was in Maryland. R.U. paid me, acting as Nob, several times in bitcoin for various things, to include providing false identi?cations and ?inside? law enforcement information. R.U. made these payments to me via bitcoin wallets and addresses that I set up and controlled. 1 agree that these payments became government property once they were made because R.U. was the subject of a federal investigation and was paying for information and services that I was providing as part of an of?cial investigation. R.U. paid me on two occasions in the summer of 2013. One payment was 400 bitcoin in June 2013 for fraudulent identi?cation documents, and the other payment was 525 bitcoin in August 2013 for ?inside? law enforcement information about the investigation into the Silk Road. Rather than properly documenting these communications and payments and safeguarding the payments in a government account, I knowingly and intentionally took custody of both the 400 bitcoin and 525 bitcoin payments and converted them to my own personal use by depositing them into my own personal account and converting them to dollars that I ultimately withdrew from my personal checking account at Bank. In particular, I took actions to ob?iscate the fact that R.U. had paid me 525 bitcoins in August 2013. For example, I wrote an of?cial report, known as a DEA 6, stating that R.U. was going to pay 525 bitcoins for ?inside? law enforcement information and further stating that I provided a Bitcoin wallet address for R.U. to deposit the payment for the ?inside? information. I included this report in the of?cial Silk Road case ?le on or about August 1, 2013. However, I made an ?Agent?s Note? at the PLEA AGREEMENT Document46 FiledO7/Ol/15 Page5 of 16 bottom of that August DEA 6 report explicitly stating that R.U. never made the payment, writing NOTE: DPR made no such payment.? I never amended or corrected this statement despite having completed numerous other of?cial reports in the investigation after August 4, 2013. Moreover, I communicated with R.U. about this 525 bitcoin payment on a private messaging chat service hosted on the Silk Road site. On August 4, 2013, R.U. sent me an message stating that he had ?sent the 525 as requested.? In an effort to shield this information from discovery by the government, I directed R.U. to use PGP, an method. I agree that on August 4, 2013, R.U. did make this 525 bitcoin payment to me. I agree that a conservative estimate of the value of 525 bitcoins at the time of the payment was approximately $50,000. I knowingly transferred the 525 bitcoin payment R.U. made to me in my of?cial capacity as ?Nob? to one of my own personal digital currency accounts instead of accounting for it properly and turning it over to the government as undercover proceeds. Furthermore, in or about August 2013, I knowingly devised and participated in a scheme to defraud and to obtain money and property from R.U., the target of my of?cial investigation into the Silk Road Marketplace, through false and ?ctitious representations. As part of this scheme, I created a ?ctitious persona that, unlike ?Nob,? was completely outside my of?cial capacity and was never sanctioned by, or known to, the government. That persona was ?French Maid.? Operating as ?French Maid,? I used the Silk Road private messaging service to communicate with R.U. Part of my scheme and plan to obtain property from R.U. by means of fraudulent pretenses or false statements was the ?ction that I was ?French Maid,? a woman named ?Carla Sophia,? who was a user of the Silk Road site with ?many girlfriends and boyfriends on the site.? 1 employed fraudulent pretenses in pretending to be these things, when in fact I was a male named Carl FORCE who was not a user of the Silk Road site but was rather a federal agent. Likewise, I concealed material facts from R.U. as part of my scheme. This communication took place by interstate wire; I agree that the government could prove that R.U. was in the Northern District of California during our communications, and that I was in Maryland. I corresponded with R.U. outside the scope of my of?cial investigation and often directed R.U. to his communications with me. Together, R.U. and 1 (operating as ?French agreed PLEA AGREEMENT i 5 Ix.) Case3:15-er-00319-RS Doeument46 FiledO7/01/15 Page6 of 16 that I would provide R.U. with information concerning the government?s investigation into the Silk Road in exchange for a payment ofbitcoins worth approximately $100,000. R.U. did in fact pay me this money, using a series of bitcoin transfers. I agree that these funds traveled by interstate wire and therefore affected interstate commerce to a necessary and substantial degree. Throughout September 2013, in an effort to conceal the true source ofmy criminal proceeds derived from both (1) the fraudulent scheme against R.U. using wires and resulting in a bitcoin payment worth approximately $100,000; and also (2) my theft of the 525 bitcoin of government preperty worth approximately $50,000, I engaged in a series of financial transactions using different bitcoin addresses and accounts, ultimately moving the funds from a series of pass-through accounts to my personal account at CampBX, a digital currency exchange. I accomplished this using interstate wires. Speci?cally, I conducted the following financial transactions, and knew that the funds in each of the below transactions were the proceeds of either wire fraud and/or theft of government property, and 1 carried out each ofthose transactions with the intent both to promote my ongoing wire fraud and theft of government property schemes and to conceal and disguise the nature, location, source, ownership, and origin ofthose illegal proceeds: Amount 5 Description of Financial Transaction 9/27/13 525 bitcoin Deposit of proceeds oftheft of government prOperty in violation of 18 U.S.C. 641 from bitcoin address lAJGTi3i2rPUe3m'w0HndDAr?] to CampBX account 9/23/13 194.9995 Deposit of proceeds of wire fraud in violation of 18 U.S.C. 1343 bitcoin from bitcoin address I 5 (36/ 122 to account 9/29/13 189 bitcoin Deposit of proceeds ofwire fraud in violation of 18 U.S.C. 1343 from bitcoin address I 7pIDgvame5 DQ32219vc2q9Tz.169vri5cf to account 9/29/13 154 bitcoin Deposit ofproceeds of wire fraud in violation of 18 U.S.C. 1343 from bitcoin address to Caman account 9/29/13 154 bitcoin Deposit of proceeds of wire fraud in violation of 18 U.S.C. 1343 from bitcoin address to Caman account 9/29/13 160.9985 Deposit of proceeds of wire fraud in violation of 18 U.S.C. 1343 bitcoin from bitcoin address to account PLEA AGREEMENT 6 Document46 FiledO7/Ol/15 Page? of 16 During the time that I devised and carried out this fraud and money laundering scheme, I was a Special Agent with the DEA and a member of the Baltimore Silk Road Task Force which was actively engaged in investigating Silk Road, its vendors and buyers, and R.U., and for which there was an ongoing Grand Jury investigation in the District of Maryland. I agree that the Baltimore Silk Road Grand Jury investigation was an of?cial proceeding. As a DEA Special Agent, I held a position of public trust and I abused that position. I further agree that my activities obstructed, in?uenced, and impeded the Baltimore Grand Jury related to its Silk Road investigation as well as its resulting case in the District of Maryland against R.U. by, among other things, (1) obstructing and impeding the ability of the investigation to fully utilize my work product after my fraud, and (2) obstructing, in?uencing, and impeding the Grand Jury?s investigation into R.U. in the District of Maryland. I agree that I acted corruptly in obstructing, in?uencing, and impeding the Grand Jury?s Silk Road investigation. I further agree that in approximately late 2013, I invested $110,000 worth of bitcoin in a digital currency exchange company, Aside from being a principal investor in I also improperly served as its de-facto Chief Compliance Of?cer while a DEA employee, offering to run NCIC and other criminal database checks and investigate and interview suspect users to CoinMKT?s bene?t. I did all of this without obtaining the necessary approvals required for outside employment and despite the clear con?ict of interest. During my af?liation with an accountholder at named R.P. was brought to my attention. I directed to freeze approximately $337,000 in cash and digital currency funds and transfer them to the DEA. I agree that I had no legal basis for doing so. effectuated this transfer at myidirection and transferred the funds to an account over which I had control. But instead of putting funds into a government account, I put them into my own personal digital currency accounts where I converted them to my own use. I then wrote reports designed to make it look to my superiors as if only $37,000 in cash had been seized from RR, not $300,000 worth of digital currency. In addition, I agree that I had an account at a payments company known as Venmo. On approximately February 12, 2014, Venmo froze my account. Shortly thereafter I used my supervisor?s signature stamp without his authorization on an of?cial administrative subpoena and issued it to PLEA AGREEMENT Document46 FiledO7/Ol/15 Page8 of 16 Venmo, directing that it unfreeze my personal Venmo account. I then attempted to cover up my improper use of the subpoena by placing prior versions in burn boxes and directing Venmo to disregard the subpoena and not to contact anyone at the DEA about it. I also contacted another agent on the task force, S.R., about seizing Venmo?s accounts for being an unregistered money service business. Aside from my activities with I also entered into a contract with Twentieth Century Fox Film Studios in March 2014 while still employed as a DEA agent. The contract related to a movie deal concerning the investigation into the Silk Road, which called for up to $240,000 in payments. I agree that by May of 2014, there was also an active San Francisco-based Grand Jury investigation into potential misconduct by myself and possibly others, and that the San Francisco Grand Jury subsequently began to investigate my conduct. I further agree that the San Francisco Grand Jury investigation was an of?cial proceeding. On May 30, 2014, I was interviewed by federal prosecutors, and Special Agents with the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and the Department of Justice Of?ce of the Inspector General (OIG). I was in Washington DC. at the time but knew that I was being interviewed by prosecutors and agents in San Francisco, within the Northern District of California, via videoconference. During that session, I intentionally misled and lied to those law enforcement of?cials. For example, I told them that I had never heard of ?French Maid? and had never used that moniker to communicate with R.U. That was untrue, as stated above, because I was in fact ?French Maid.? I lied in an effort to focus the investigators? attention away from my own misconduct and illegal activities. I agree that by lying to federal prosecutors and federal agents, I obstructed, in?uenced, and impeded the San Francisco-based Grand Jury investigation into my own criminal conduct. 3. I agree to give up all rights that I would have if I chose to proceed to trial, including the rights to a jury trial with the assistance of any attorney; to confront and cross-examine government witnesses; to remain silent or testify; to move to suppress evidence or raise any other Fourth or Fifth Amendment claims; to any further discovery from the government; and to pursue any af?rmative defenses and present evidence. I agree, for purposes of entering this guilty plea, sentencing and all other proceedings relevant to the ?ling of this Agreement, to consent to the jurisdiction of the United States District Court for the Northern District of California. I expressly waive my right to object to venue in PLEA AGREEMENT Case3:15-cr-00319-RS Document46 FiledO7/Ol/15 Page9 of 16 the Northern District of California for any count to which I am pleading. 4. I agree to give up my right to appeal my conviction, the judgment, and orders of the Court. I also agree to waive any right I have to appeal any aspect of my sentence, including any orders relating to forfeiture and or restitution. 5. I agree not to file any collateral attack on my conviction or sentence, including a petition under 28 U.S.C. 2255 or 28 U.S.C. 224] except that I reserve my right to claim that my counsel was ineffective in connection with the negotiation of this Agreement or the entry of my guilty plea. I also agree not to seek relief under 18 U.S.C. 3582. 6. I agree not to ask the Court to withdraw my guilty plea at any time after it is entered. I understand that by entering into this Agreement: I agree that the facts set forth in Paragraph 2 of this Agreement shall be admissible against me under Fed. R. Evid. 801(d)(2)(A) in any subsequent proceeding, including at trial, in the event I violate any of the terms of this Agreement, and I expressly waive any and all rights under Fed. R. Crim. 11(i) and Fed. R. Evid. 410 with regard to the facts set forth in Paragraph 2 of this Agreement in such subsequent proceeding. I understand that the government will not preserve any physical evidence obtained in this case. 7. I agree that the Court will use the Sentencing Guidelines to calculate my sentence. I understand that the Court must consult the Guidelines and take them into account when sentencing, together with the factors set forth in 18 U.S.C. 3553(a). I also understand that the Court is not bound by the Guidelines calculations below, the Court may conclude that a higher Guidelines range applies to me, and, if it does, I will not be entitled, nor will I ask to withdraw my guilty plea. I agree that regardless of the sentence that the Court imposes on me, I will not be entitled, nor will I ask, to withdraw my guilty plea. I also agree that the Sentencing Guidelines offense level will be calculated as follows and that I will not ask for any other adjustment to or reduction in the offense level or for a downward departure from the Guidelines range as determined by the Court, other than for the claim of mental defect. In the event that I intend to argue for a downward departure or variance based on any claim involving mental condition, I agree that I will provide the government with written notice of that at least 60 days prior to sentencing and further agree as follows: (1) I will submit to a mental examination by an PLEA AGREEMENT 4stDocument46 FiledO7/Ol/15 PagelO of 16 expert and/or professional of the government?s own choosing; (2) I understand that my attorneys would not have the right to be physically present during the examination although they could be available for questions; (3) in connection with that examination and in connection with advancing any argument for downward departure or variance based on mental condition, I will not assert any privilege issues surrounding that examination, whether Fifth Amendment privilege, doctor-patient privilege, attorney- client privilege and/or any protection of claim or privilege arising under the Health Insurance Portability and Accountability Act and (4) I agree to provide the government and its expert and/or professional with any reports and underlying data, materials, and documents surrounding any professional and/or expert opinion I may retain and similarly will not assert any of the privileges mentioned above. The parties have reached no agreement regarding my Criminal History Category. Count One: a. Base Offense Level, U.S.S.G. ?281.1: 7 +2 (sophisticated means) +2 (conviction for 1956) b. Speci?c offense characteristics under U.S.S.G. Ch. 2: c. Adjustments under U.S.S.G. Ch. 3: +2 (abuse of position of trust) +2 (obstruction of justice) d. Acceptance of Responsibility: If I meet the requirements of U.S.S. 3E1.l, I may be entitled to a three level reduction for acceptance of responsibility, provided that I admit my guilt, cooperate with the Court and the Probation Of?ce in any presentence investigation ordered by the Court, and continue to manifest an acceptance of responsibility through and including the time of sentencing: -3 e. The parties have reached no agreement on whether a 12 or a 14 level enhancement for amount of loss would apply under U.S.S.G. and agree that that issue may be argued at sentencing. f. Adjusted Offense Level: 24-26 depending on the applicability of Count Two: a. Base Offense Level, U.S.S.G. 1.2: PLEA AGREEMENT 14 10 AWN Document46 FiledO7/Ol/15 Pagell of 16 b. Speci?c offense characteristics under U.S.S.G. Ch. 2: +3 (substantial interference) +2 (extensive in scope) c. Adjustments under U.S.S.G. Ch. 3: +2 (abuse of position of trust) (1. Acceptance of Responsibility: If I meet the requirements of U.S.S. 3E1.1, I may be entitled to a three level reduction for acceptance of responsibility, provided that I admit my guilt, cooperate with the Court and the Probation Office in any presentence investigation ordered by the Court, and continue to manifest an acceptance of responsibility through and including the time of sentencing: -3 e. Adjusted Offense Level: 18 Count Three: a. Base Offense Level, U.S.S.G. ?2C1.l: 14 b. Speci?c offense characteristics under U.S.S.G. Ch. 2: +2 (?2Cl (more than one extortion) +12 (amount of loss) c. Adjustments under U.S.S.G. Ch. 3: +2 (?3C1.l) (obstruction of justice) (1. Acceptance of Responsibility: If I meet the requirements of U.S.S. G. 3El.1, I may be entitled to a three level reduction for acceptance of responsibility, provided that I admit my guilt, cooperate with the Court and the Probation Office in any presentence investigation ordered by the Court, and continue to manifest an acceptance of responsibility through and including the time of sentencing: -3 e. Adjusted Offense Level: 27 Combined Offense Level: 27 8. I agree that regardless of any other provision of this Agreement, the government may and will provide the Court and the Probation Of?ce with all information relevant to the charged offense and the sentencing decision. . 9. I agree to pay restitution for all the losses caused by all the schemes or offenses with which I was charged in this case, and I agree that the amount of restitution will not be limited to the loss PLEA AGREEMENT 1 Case3:15-cr-00319-RS Document46 FiledO7/Ol/15 Page12 of 16 attributable to the counts to which I am pleading guilty, pursuant to 18 U.S.C. 3663(a)(3). I agree to pay restitution in an amount to be set by the Court. I agree that any ?ne, forfeiture, or restitution imposed by the Court against me will be immediately due and payable and subject to immediate collection by the government and I understand that the government may seek immediate collection of the entire ?ne, forfeiture, or restitution from any assets without regard to any schedule of payments imposed by the Court or established by the Probation Of?ce. I agree that I will make a good-faith effort to pay any ?ne, forfeiture, or restitution I am ordered to pay. Before or after sentencing, I will upon request of the Court, the government, or the Probation Of?ce, provide accurate and complete ?nancial information, submit sworn statements and give depositions under oath concerning my assets and my ability to pay, surrender assets I obtained as a result of my crimes, and release funds and property under my control in order to pay any ?ne, forfeiture, or restitution. I agree to pay the special assessment at the time of sentencing. 10. I agree not to commit or attempt to commit any crimes before sentence is imposed. I also agree not to intentionally provide false information to the Court, the Probation Of?ce, or the government; and not to fail to comply with any of the other promises I have made in this Agreement. I agree not to have any contact with any victims or witnesses in this case, either directly or indirectly, before and after I am sentenced. This includes, but is not limited to, personal contact, telephone, mail, or electronic mail contact, or any other written form of communication, and includes any harassing, annoying, or intimidating conduct by me directed to any victims or witnesses. I agree that the Court may also include this no-contact provision as a condition of my supervised release term. I agree that if I fail to comply with any promises I have made in this Agreement, then the government will be released from all of its promises in this Agreement, including those set forth in the Govemment?s Promises Section below, but I will not be released from my guilty plea. 11. I agree to forfeit the following property (hereinafter ?subject property?): a. $13,045 in United States Currency held in a account; b. 400.00101 BTC in e. 515340684PLEA AGREEMENT 1 2 Case3:15-cr-00319-RS Document46 FiledO7/Ol/15 Page13 62.827622 BTC $44,082.65 in ScotTrade Account i. $150,000.00 traceable from federal income tax refund in lieu of forfeiture of Carl Mark Force?s interest in real property located at 6722 Glenkirk Road, Baltimore, j. $17,759.06 held in the name of Engedi, LLC, controlled and owned by Carl Mark Force, in Bank of America Account 94; and k. $65,658.51 in E-Trade Account I agree to provide a cashier?s check made payable to the United States for the amounts listed above in Paragraph 11 to Assistant United States Attorney Arvon Perteet, United States Attomey?s Of?ce, Northern District of California, 450 Golden Gate Avenue, San Francisco, California, 94102, with the criminal docket number noted on the face of the check within 48 hours of the entry of my guilty plea. Further, I agree to the administrative forfeiture of 200 Bitcoins seized from my Bitstamp account out of the District of Maryland in or about November 2014, by the United States Secret Service. I admit that the subject property constitutes money involved in money laundering and/or proceeds from obstruction of justice and wire fraud, and thus is forfeitable to the United States pursuant to the provisions of 18 U.S.C. 18 U.S.C. 28, U.S.C. 2461(c) and the procedures outlined in Rule 32.2 of the Federal Rules of Criminal Procedure and 21 U.S.C. 853. I relinquish any and all right, title, and interest I may have in the subject property and agree that such right, title, and interest can be forfeited to the United States without further notice to me. I also agree I will not contest, nor assist anyone in contesting any administrative or judicial forfeiture proceeding (whether criminal, civil, state or federal) which may be brought against said property. I further agree to waive all constitutional and statutory challenges in any manner (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with this Agreement on any grounds, including that the forfeiture constitutes an excessive ?ne or punishment or that the forfeiture proceeding PLEA AGREEMENT 1 3 Document46 FiledO7/Ol/15 Page14 of 16 was brought in violation of the statute of limitations. I agree that the money involved in the wire transfers discussed above in Paragraph 2, is subject to forfeiture, and I agree to pay a forfeiture money judgment in the amount of $500,000 (the ?Forfeiture Money Judgment?). I further agree that the assets identi?ed in Paragraph 11 - which were obtained through violations of money laundering (with predicate speci?ed unlawful activities of wire fraud and theft of government property), obstruction of justice, and extortion, can be forfeited and will be used to offset the Forfeiture Money Judgment. I agree to fully assist the Government in effectuating the payment of the Forfeiture Money Judgment. I will fully disclose all my assets to the United States when requested, including completing a United States Department of Justice Financial Statement under penalty of perjury after entering my guilty plea. I will also provide valid keys and/or passwords for all virtual currency accounts and holdings listed in both Paragraph 11 and accounts identi?ed in my ?nancial statement. If the United States discovers that I have failed to disclose assets to which I have any interest (the ?Undisclosed Assets?), I hereby consent to the forfeiture of such Undisclosed Assets to the United States to satisfy the Forfeiture Money Judgment. I admit that the Forfeiture Money Judgment constitutes the net proceeds that I obtained, directly or indirectly as a result of violations of 18 U.S.C. 1343, 18 U.S.C. 1956(a)(1)(A) and (B), and 18 U.S.C. 1512(c)(2), and/or are substitute asset as de?ned in 21 U.S.C. 853(p) and 18 U.S.C 982(b), and thus are subject to forfeiture to the United States upon my guilty plea pursuant to this agreement. I agree that all payments that I make towards the Forfeiture Money Judgment shall be made certi?ed or bank check, payable to the ?United States? and sent by overnight delivery or certi?ed US. Mail to United States Attorney Arvon Perteet, United States Attorney?s Of?ce, Northern District of California, 450 Golden Gate Avenue, San Francisco, California, 94102, with the criminal docket number noted on the face of the check. 12. I agree that this Agreement contains all of the promises and agreements between the government and me, and I will not claim otherwise in the future. No modi?cation of this Agreement shall be effective unless it is in writing and signed by all parties. 13. I agree that the Agreement binds the US. Attorney?s Of?ce for the Northern District of California and the United States Department of Justice, Public Integrity Section, only, and does not bind any other federal, state, or local agency, with the exception that the US. Attorney?s Of?ce for the PLEA AGREEMENT 14 Document46 FiledO7/01/15 Page15 of 16 District of Maryland agrees that it will not ?le charges against the defendant for obstructing the Baltimore Grand Jury?s investigation into the Silk Road as recounted above in Paragraph 2 given that the defendant is accounting for the conduct here in the instant plea. The Government?s Promises 14. The government agrees not to ?le any additional charges against the defendant that could be ?led for any of the conduct enumerated in Paragraph 2. 15. The government agrees to recommend the Guideline calculations set out above, unless the defendant violates the terms of the Agreement above or fails to accept responsibility. The Defendant?s Af?rmations 16. I con?rm that I have had adequate time to discuss this case, the evidence, and the Agreement with my attorney and that my attorney has provided me with all the legal advice that I requested. 17. I con?rm that the while I considered signing this Agreement, and at the time I signed it, I was not under the in?uence of any alcohol, drug, or medicine that would impair my ability to understand the Agreement. PLEA AGREEMENT 1 5 Case3:15-cr-00319-RS Document46 FiledO7/Ol/15 Page16 of 16 18. I confirm that my decision to enter a guilty plea is made knowing the charges that have been brought against me, any possible defense, and the bene?ts and possible detriments Ofproceeding to trial. I also con?rm that my decision to plead guilty is made voluntarily, and no one coerced or threatened me to enter into this AgreementDated: I- in, CARL M. FORCE. 1v Defendant MELINDA I-IAAG Unit States Attorn I-IAUN WILLIAM FRENTZEN Assistant United States Attorneys RAYMOND N. I-IULSER Chief, Public Integrity Section US. Department ofJustice ?Mm 0.2332,. RICHARD B. EVANS Trial Attorney 19. I have fully explained to my client all the rights that a criminal defendant has and all the terms ofthis Agreement. In my opinion, my client understands all the terms ofthis Agreement and all the rights my client is giving up by pleading guilty, and, based on the information now known to me, my client?s decision to plead guilty is knowing and voluntary. Dated: Bate and Garcia, LLC LOYST FLETCHER, ESQ. Attorneys for Defendant PLEA AGREEMENT I6