UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA
v.
CARYN BENSON

No. 15 CR 737
Judge James B. Zagel

PLEA AGREEMENT
1.

This Plea Agreement between the United States Attorney for the

Northern District of Illinois, ZACHARY T. FARDON, and defendant CARYN
BENSON, and her attorney, ANTHONY SASSAN, is made pursuant to Rule 11 of the
Federal Rules of Criminal Procedure. The parties to this Agreement have agreed upon
the following:
Charge in This Case
2.

The information in this case charges defendant with embezzlement from

an organization receiving federal funds, in violation of Title 18, United States Code,
Section 666(a)(1)(A).
3.

Defendant has read the charge against her contained in the information,

and that charge has been fully explained to her by her attorney.
4.

Defendant fully understands the nature and elements of the crime with

which she has been charged.
Charge to Which Defendant Is Pleading Guilty
5.

By this Plea Agreement, defendant agrees to enter a voluntary plea of

guilty to the information, which charges defendant with embezzlement from an

 organization receiving federal funds, in violation of Title 18, United States Code,
Section 666(a)(1)(A).
Factual Basis
6.

Defendant will plead guilty because she is in fact guilty of the charge

contained in the information. In pleading guilty, defendant admits the following facts
and that those facts establish her guilt beyond a reasonable doubt and constitute
relevant conduct pursuant to Guideline § 1B1.3:
Between at least January 1, 2014, and continuing until at least April 5, 2014, at
Chicago, in the Northern District of Illinois, Eastern Division, CARYN BENSON, being
an agent of Organization A, an organization which during a one-year period, beginning
January 1, 2014, and continuing through December 31, 2014, received federal funding
in excess of $10,000, did embezzle, steal, obtain by fraud, and otherwise without
authority knowingly convert to her own use, property valued at $5,000 or more,
namely, approximately $33,014 in funds belonging to and under the care, custody, and
control of Organization A, in violation of Title 18, United States Code, Section
666(a)(1)(A).
More specifically, Organization A is a not-for-profit civic institution in Chicago.
From approximately September 29, 2003, until at least April 9, 2014, BENSON was
employed at Organization A, where she worked in its membership department first as
a Data Records Specialist and later as a Data Records Supervisor. As part of her
duties, BENSON sold memberships on-site to Organization A customers. In addition,

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 BENSON worked as a cashier at Organization A’s fundraisers where she sold tickets to
Organization A’s patrons that could then be exchanged for beverages.
When selling memberships on-site to Organization A’s customers, BENSON
acknowledges that Organization A required its employees, including BENSON, to
document each sale in an electronic point-of-sale system (“the POS system”). Beginning
in approximately June 2008 and continuing through at least April 5, 2014, however,
BENSON did not follow this procedure. Instead, in cases where an Organization A
customer paid for a membership in cash, BENSON kept the cash for herself, but did
not document the sale in the POS system. By not documenting the sale in the POS
system, BENSON prevented Organization A from discovering that Organization A was
selling memberships to customers without receiving the money paid for those
memberships.
Similarly, when selling beverage-tickets to patrons at Organization A’s
fundraisers, BENSON acknowledges that Organization A required its employees,
including BENSON, to give Organization A any cash paid by patrons in exchange for
beverage-tickets. Beginning in approximately June 2008 and continuing through at
least April 5, 2014, however, BENSON did not follow this procedure. She instead kept
for herself any cash paid by patrons in exchange for beverage-tickets.
As a result of BENSON’s actions, between January 1, 2014, and at least April 5,
2014, BENSON embezzled approximately $33,014 in funds belonging to and under the
care, custody, and control of Organization A. Additionally, from the time period
between June 2003 and January 1, 2014, BENSON admits to embezzling an additional
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 $376,986 in funds belonging to and under the care, custody, and control of
Organization A.
BENSON acknowledges that Organization A was an entity which received in the
twelve-month period from January 1, 2014 through December 31, 2014 federal benefits
in excess of $10,000.
Maximum Statutory Penalties
7.

Defendant understands that the charge to which she is pleading guilty

carries the following statutory penalties:
a.

A maximum sentence of 10 years’ imprisonment. This offense also

carries a maximum fine of $250,000. Defendant further understands that the judge
also may impose a term of supervised release of not more than three years.
b.

Defendant further understands that the Court must order

restitution to the victims of the offense in an amount determined by the Court. The
Court also may order restitution to any persons as agreed by the parties.
c.

In accord with Title 18, United States Code, Section 3013,

defendant will be assessed $100 on the charge to which she has pled guilty, in addition
to any other penalty or restitution imposed.
Sentencing Guidelines Calculations
8.

Defendant understands that in imposing sentence the Court will be

guided by the United States Sentencing Guidelines. Defendant understands that the
Sentencing Guidelines are advisory, not mandatory, but that the Court must consider
the Guidelines in determining a reasonable sentence.
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 9.

For purposes of calculating the Sentencing Guidelines, the parties agree

on the following points:
a.

Applicable Guidelines. The Sentencing Guidelines to be

considered in this case are those in effect at the time of sentencing. The following
statements regarding the calculation of the Sentencing Guidelines are based on the
Guidelines Manual currently in effect, namely the November 2015 Guidelines Manual.
b.

Offense Level Calculations.
i.

Pursuant to Guideline § 2B1.1(a)(2), the base offense level is

ii.

The government’s position is that pursuant to Guideline

6.

§ 2B1.1(b)(1)(H), the offense level is increased by 14 levels because the amount of loss,
including relevant conduct, for which defendant is accountable, $903,284, was more
than $550,000 but less than $1,500,000. Defendant’s position is that pursuant to
Guideline § 2B1.1(b)(1)(G), the offense level is increased by 12 levels because the
amount of loss, including relevant conduct, for which defendant is accountable,
$410,000, was more than $250,000 but less than $550,000. Each party is free to
present evidence and argument to the Court on this issue.
iii.

The government’s position is that pursuant to Guideline

§ 3B1.3, the offense level is increased by 2 levels because defendant abused a position
of private trust in a manner that significantly facilitated the commission of the offense.
Defendant reserves the right to contest whether this enhancement applies. Each party
is free to present evidence and argument to the Court on this issue.
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 iv.

Defendant has clearly demonstrated a recognition and

affirmative acceptance of personal responsibility for her criminal conduct. If the
government does not receive additional evidence in conflict with this provision, and if
defendant continues to accept responsibility for her actions within the meaning of
Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and
the Probation Office with all requested financial information relevant to her ability to
satisfy any fine or restitution that may be imposed in this case, a two-level reduction in
the offense level is appropriate.
v.

In accord with Guideline § 3E1.1(b), defendant has timely

notified the government of her intention to enter a plea of guilty, thereby permitting
the government to avoid preparing for trial and permitting the Court to allocate its
resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court
determines the offense level to be 16 or greater prior to determining that defendant is
entitled to a two-level reduction for acceptance of responsibility, the government will
move for an additional one-level reduction in the offense level.
c.

Criminal History Category. With regard to determining

defendant’s criminal history points and criminal history category, based on the facts
now known to the government, defendant’s criminal history points equal zero and
defendant’s criminal history category is I.
i.

On or about October 16, 1997, defendant was convicted of

theft in the Circuit Court of Cook County and ordered to pay restitution. Pursuant to

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 Guideline § 4A.1.2(e), defendant receives zero criminal history points for this
conviction.
d.

Anticipated

Advisory

Sentencing

Guidelines

Range.

Therefore, based on the facts now known to the government, the anticipated offense
level is 19, which, when combined with the anticipated criminal history category of I,
results in an anticipated advisory sentencing guidelines range of 30 to 37 months’
imprisonment, in addition to any supervised release, fine, and restitution the Court
may impose. Defendant disagrees. Defendant’s position is that the anticipated offense
level is 15, which, when combined with the anticipated criminal history category of I,
results in an anticipated advisory sentencing guidelines range of 18 to 24 months’
imprisonment, in addition to any supervised release, fine, and restitution the Court
may impose.
e.

Defendant and her attorney and the government acknowledge that

the above guidelines calculations are preliminary in nature, and are non-binding
predictions upon which neither party is entitled to rely. Defendant understands that
further review of the facts or applicable legal principles may lead the government to
conclude that different or additional guidelines provisions apply in this case. Defendant
understands that the Probation Office will conduct its own investigation and that the
Court ultimately determines the facts and law relevant to sentencing, and that the
Court’s determinations govern the final guideline calculation. Accordingly, the validity
of this Agreement is not contingent upon the probation officer’s or the Court’s

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 concurrence with the above calculations, and defendant shall not have a right to
withdraw her plea on the basis of the Court’s rejection of these calculations.
10.

Both parties expressly acknowledge that this Agreement is not governed

by Fed. R. Crim. P. 11(c)(1)(B), and that errors in applying or interpreting any of the
sentencing guidelines may be corrected by either party prior to sentencing. The parties
may correct these errors either by stipulation or by a statement to the Probation Office
or the Court, setting forth the disagreement regarding the applicable provisions of the
guidelines. The validity of this Agreement will not be affected by such corrections, and
defendant shall not have a right to withdraw her plea, nor the government the right to
vacate this Agreement, on the basis of such corrections.
Agreements Relating to Sentencing
11.

Each party is free to recommend whatever sentence it deems appropriate.

12.

It is understood by the parties that the sentencing judge is neither a party

to nor bound by this Agreement and may impose a sentence up to the maximum
penalties as set forth above. Defendant further acknowledges that if the Court does not
accept the sentencing recommendation of the parties, defendant will have no right to
withdraw her guilty plea.
13.

Regarding restitution, defendant acknowledges that the total amount of

restitution owed to Organization A is $33,014, minus any credit for funds repaid prior
to sentencing, and that pursuant to Title 18, United States Code, Section 3663A, the
Court must order defendant to make full restitution in the amount outstanding at the
time of sentencing.
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 14.

Defendant also agrees to pay additional restitution, arising from the

relevant conduct set forth above, pursuant to Title 18, United States Code,
Sections 3663(a)(3) and 3664. The government believes this additional restitution
totals $870,270. Defendant disagrees and believes this additional restitution totals
$376,986.
15.

Restitution shall be due immediately, and paid pursuant to a schedule to

be set by the Court at sentencing. Defendant acknowledges that pursuant to Title 18,
United States Code, Section 3664(k), she is required to notify the Court and the United
States Attorney=s Office of any material change in economic circumstances that might
affect her ability to pay restitution.
16.

Defendant agrees to pay the special assessment of $100 at the time of

sentencing with a cashier’s check or money order payable to the Clerk of the U.S.
District Court.
17.

Defendant agrees that the United States may enforce collection of any fine

or restitution imposed in this case pursuant to Title 18, United States Code, Sections
3572, 3613, and 3664(m), notwithstanding any payment schedule set by the Court.
Acknowledgments and Waivers Regarding Plea of Guilty
Nature of Agreement
18.

This Agreement is entirely voluntary and represents the entire agreement

between the United States Attorney and defendant regarding defendant’s criminal
liability in Case No. 15 CR 737.

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 19.

This Agreement concerns criminal liability only. Except as expressly set

forth in this Agreement, nothing herein shall constitute a limitation, waiver, or release
by the United States or any of its agencies of any administrative or judicial civil claim,
demand, or cause of action it may have against defendant or any other person or entity.
The obligations of this Agreement are limited to the United States Attorney’s Office for
the Northern District of Illinois and cannot bind any other federal, state, or local
prosecuting, administrative, or regulatory authorities, except as expressly set forth in
this Agreement.
Waiver of Rights
20.

Defendant understands that by pleading guilty she surrenders certain

rights, including the following:
a.

Right to be charged by indictment. Defendant understands

that she has a right to have the charge prosecuted by an indictment returned by a
concurrence of twelve or more members of a grand jury consisting of not less than
sixteen and not more than twenty-three members. By signing this Agreement,
defendant knowingly waives her right to be prosecuted by indictment and to assert at
trial or on appeal any defects or errors arising from the information, the information
process, or the fact that she has been prosecuted by way of information.
b.

Trial rights. Defendant has the right to persist in a plea of not

guilty to the charge against her, and if she does, she would have the right to a public
and speedy trial.

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 i.

The trial could be either a jury trial or a trial by the judge

sitting without a jury. However, in order that the trial be conducted by the judge
sitting without a jury, defendant, the government, and the judge all must agree that
the trial be conducted by the judge without a jury.
ii.

If the trial is a jury trial, the jury would be composed of

twelve citizens from the district, selected at random. Defendant and her attorney would
participate in choosing the jury by requesting that the Court remove prospective jurors
for cause where actual bias or other disqualification is shown, or by removing
prospective jurors without cause by exercising peremptory challenges.
iii.

If the trial is a jury trial, the jury would be instructed that

defendant is presumed innocent, that the government has the burden of proving
defendant guilty beyond a reasonable doubt, and that the jury could not convict her
unless, after hearing all the evidence, it was persuaded of her guilt beyond a
reasonable doubt. The jury would have to agree unanimously before it could return a
verdict of guilty or not guilty.
iv.

If the trial is held by the judge without a jury, the judge

would find the facts and determine, after hearing all the evidence, whether or not the
judge was persuaded that the government had established defendant’s guilt beyond a
reasonable doubt.
v.

At a trial, whether by a jury or a judge, the government

would be required to present its witnesses and other evidence against defendant.

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 Defendant would be able to confront those government witnesses and her attorney
would be able to cross-examine them.
vi.

At a trial, defendant could present witnesses and other

evidence in her own behalf. If the witnesses for defendant would not appear
voluntarily, she could require their attendance through the subpoena power of the
Court. A defendant is not required to present any evidence.
vii.

At a trial, defendant would have a privilege against self-

incrimination so that she could decline to testify, and no inference of guilt could be
drawn from her refusal to testify. If defendant desired to do so, she could testify in her
own behalf.
c.

Appellate rights. Defendant further understands she is waiving

all appellate issues that might have been available if she had exercised her right to
trial, and may only appeal the validity of this plea of guilty and the sentence imposed.
Defendant understands that any appeal must be filed within 14 calendar days of the
entry of the judgment of conviction.
21.

Defendant understands that by pleading guilty she is waiving all the

rights set forth in the prior paragraphs, with the exception of the appellate rights
specifically preserved above. Defendant’s attorney has explained those rights to her,
and the consequences of her waiver of those rights.
Presentence Investigation Report/Post-Sentence Supervision
22.

Defendant understands that the United States Attorney’s Office in its

submission to the Probation Office as part of the Pre-Sentence Report and at
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 sentencing shall fully apprise the District Court and the Probation Office of the nature,
scope, and extent of defendant’s conduct regarding the charge against her, and related
matters. The government will make known all matters in aggravation and mitigation
relevant to sentencing.
23.

Defendant agrees to truthfully and completely execute a Financial

Statement (with supporting documentation) prior to sentencing, to be provided to and
shared among the Court, the Probation Office, and the United States Attorney’s Office
regarding all details of her financial circumstances, including her recent income tax
returns as specified by the probation officer. Defendant understands that providing
false or incomplete information, or refusing to provide this information, may be used as
a basis for denial of a reduction for acceptance of responsibility pursuant to Guideline
§ 3E1.1 and enhancement of her sentence for obstruction of justice under Guideline
§ 3C1.1, and may be prosecuted as a violation of Title 18, United States Code, Section
1001 or as a contempt of the Court.
24.

For the purpose of monitoring defendant’s compliance with her obligations

to pay a fine and restitution during any term of supervised release or probation to
which defendant is sentenced, defendant further consents to the disclosure by the IRS
to the Probation Office and the United States Attorney’s Office of defendant’s
individual income tax returns (together with extensions, correspondence, and other tax
information) filed subsequent to defendant’s sentencing, to and including the final year
of any period of supervised release or probation to which defendant is sentenced.
Defendant also agrees that a certified copy of this Agreement shall be sufficient
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 evidence of defendant=s request to the IRS to disclose the returns and return
information, as provided for in Title 26, United States Code, Section 6103(b).
Other Terms
25.

Defendant agrees to cooperate with the United States Attorney’s Office in

collecting any unpaid fine and restitution for which defendant is liable, including
providing financial statements and supporting records as requested by the United
States Attorney’s Office.
26.

Defendant understands that, if convicted, a defendant who is not a United

States citizen may be removed from the United States, denied citizenship, and denied
admission to the United States in the future.
Conclusion
27.

Defendant understands that this Agreement will be filed with the Court,

will become a matter of public record, and may be disclosed to any person.
28.

Defendant understands that her compliance with each part of this

Agreement extends throughout the period of her sentence, and failure to abide by any
term of the Agreement is a violation of the Agreement. Defendant further understands
that in the event she violates this Agreement, the government, at its option, may move
to vacate the Agreement, rendering it null and void, and thereafter prosecute
defendant not subject to any of the limits set forth in this Agreement, or may move to
resentence defendant or require defendant’s specific performance of this Agreement.
Defendant understands and agrees that in the event that the Court permits defendant
to withdraw from this Agreement, or defendant breaches any of its terms and the
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 government elects to void the Agreement and prosecute defendant, any prosecutions
that are not time-barred by the applicable statute of limitations on the date of the
signing of this Agreement may be commenced against defendant in accordance with
this paragraph, notwithstanding the expiration of the statute of limitations between
the signing of this Agreement and the commencement of such prosecutions.
29.

Should the judge refuse to accept defendant’s plea of guilty, this

Agreement shall become null and void and neither party will be bound to it.
30.

Defendant and her attorney acknowledge that no threats, promises, or

representations have been made, nor agreements reached, other than those set forth in
this Agreement, to cause defendant to plead guilty.
31.

Defendant acknowledges that she has read this Agreement and carefully

reviewed each provision with her attorney. Defendant further acknowledges that she
understands and voluntarily accepts each and every term and condition of this
Agreement.
AGREED THIS DATE: _____________________

ZACHARY T. FARDON
United States Attorney

CARYN BENSON
Defendant

GEORGIA N. ALEXAKIS
Assistant U.S. Attorney

ANTHONY SASSAN
Attorney for Defendant

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