Date Filed 04/26/16 Entry Number 69 Page 1 of 11 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION UNITED STATES OF AMERICA Criminal NO: V. AMENDED PLEA AGREEMENT JOSEPH MEEK General Provisions ?r This AGREEMENT is made this (SI/lg day of 2016, between the United States of America, as represented by United States Attorney WILLIAM N. NETTLES, Assistant United States Attorneys Jay N. Richardson and. Nathan Williams; the Defendant, JOSEPH IMEEK, and Defendant?s attorney, Deborah, B. Barbier. IN CONSIBERATION of the Hmtual 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 Felony,? a violation of Title 18, United States Code, Section. 3 (Count 1) and ?Making a False Statement," a violation. of Title 18, United States Code, Section 1001 (Count 2). In order to sustain its burden of proof, the Government is required to prove the following: Date Filed 04/26/16 Entry Number 69 Page 2 of 11 Count 1 a. The principal committed a felony; b. the defendant had knowledge of the commission of that felony; c. the defendant failed to notify the authorities; and d. the defendant took did an affirmative act to conceal the crime. The penalty for this offense is: A maximum imprisonment of three years, a fine of $250,000, supervised release of one year, and a special assessment of $100. Count 2 a. The defendant made a statement; b. the statement was false; c. the statement was material; d. the defendant acted knowingly and willfully; and e. the statement pertained to a matter within the jurisdiction of the executive branch. of the United States government The penalty for this offense is: Date Filed 04/26/16 Entry Number 69 Page 3 of 11 A maximum imprisonment of five years, a fine of $250,000, 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 18 USC 3613. The Defendant also understands that payments made in accordance with installment schedules set by the Court are minimum payments only and not jpreclude the government from. seeking ?to enforce the judgment against other assets of the defendant at any time, as provided in 18 USC 3612, 3613 and 3664(m). The Defendant further agrees to enter into the Bureau of Prisons Inmate Financial Responsibility Program if sentenced ix) a term.c?f incarceration v?i?1 an unsatisfied monetary penalty. The Defendant further understands that any monetary penalty imposed is not dischargeable in bankruptcy. A. Special Assessment: Pursuant to 18 U.S.C. ?3013, the Defendant. must. pay ea special assessment of $100.00 for each felony count for which. he is Date Filed 04/26/16 Entry Number 69 Page 4 of 11 convicted. This special assessment must be paid at or before the time of the guilty plea hearing. B. Fines: The Defendant 'understands that the Court may impose a fine pursuant to 18 U.S.C. 3571 and 3572. The Defendant understands that the obligations of the Government within the Plea Agreement are expressly contingent upon the Defendant?s abiding by federal and state laws and. complying' with any' bond. executed. in this case. in the event that the Defendant fails to comply with any of the provisions of this Agreement, either express or implied, the Government will have the right, at its sole election, to void all of its obligations under this Agreement and the Defendant will not have any right to withdraw plea (ME guilty ix; the offense(s) enumerated herein. Cooperation and Forfeiture The Defendant. agrees in) be fully ?truthful and. forthright with federal, state and local law enforcement agencies by providing full, complete and truthful information about all criminal activities about which he has knowledge. The Defendant must provide full, complete and truthful debriefings about these unlawful activities and must fully -4- Date Filed 04/26/16 Entry Number 69 Page 5 of 11 disclose and provide truthful information to the Government including' any books, papers, or documents or any other items of evidentiary value to the investigation. The Defendant must also testify fully and truthfully before any grand. juries and. at any trials or other proceedings if called upon to do so by the Government, subject to prosecution for perjury for not testifying truthfully. The failure of the Defendant to be fully truthful and forthright at any stage will, at the sole election of the Government, cause the obligations of the Government within this Agreement to become null and void. Further, it is expressly agreed that if the obligations of the Government within this Agreement become null and void due to the lack of truthfulness on the part of the Defendant, the Defendant understands that: a. the Defendant will not be permitted to withdraw his plea of guilty to the offenses described above; b. all additional charges known to the Government may be filed in the appropriate district; c. the Government will argue for a maximum sentence for the offense to which the Defendant has pleaded guilty; and Date Filed 04/26/16 Entry Number 69 Page 6 of 11 d. the Government will use any and all information and testimony provided by the Defendant pursuant to this Agreement, or any prior proffer agreements, in ting prosecution the Defendant of all charges. 5. The Defendant agrees to submit to such polygraph examinations as may be requested. by the Government and agrees that any such examinations shall be performed by a polygraph examiner selected tn; the Government. Defendant further agrees that his refusal to take or his failure to pass any such polygraph examination to the Government?s satisfaction will result, at the Government?s sole discretion, in the obligations of the Government within the Agreement becoming null and void. 6. The Government agrees that any seifmincriminating information provided by the Defendant as a result of the cooperation required by the terms of this Agreement, although available to the Court, will not be used against the Defendant in determining the Defendant?s applicable guideline range for sentencing pursuant to the U.S. Sentencing Commission Guidelines. The provisions of this paragraph shall not be applied to restrict any such information: Date Filed 04/26/16 Entry Number 69 Page 7 of 11 a. known to the Government prior to the date of this Agreement; b. concerning the existence of prior convictions and sentences; c. in aa prosecution :?mr perjury cm: giving 21 false statement; or d. in the event the Defendant breaches any of the terms of the Plea Agreement. 7. Provided the Defendant cooperates pursuant to the provisions of this Plea Agreement, and that cooperation is deemed by the Government as providing substantial assistance le the investigation cm: prosecution.