Case 1:14-cr-00276-LMB Document 35 Filed 11/25/14 Page 1 of 13 PageID# 122
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IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA

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NOV 252014
Al.1! ' •'•

a VISCIBH

Alexandria Division

UNITED STATES OF AMERICA
v.

HAMMAD AKBAR,
Defendant.

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CRIMINAL NO. l:14-CR-0276

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PLEA AGREEMENT

Dana J. Boente, United States Attorney for the Eastern District of Virginia, Jay V.

Prabhu, Assistant United States Attorney, William A. Hall, Jr., Senior Trial Attorney, Criminal
Division, United States Department of Justice, the defendant, Ilammad Akbar, and the
defendant's counsel, J. Patrick Rowan. Esq.. have entered into an agreement pursuant to Rule 1
of the Federal Rules of Criminal Procedure. The terms of the agreement arc as follows:
1.

Offense and Maximum Penalties

The defendant agrees to plead guilty to Counts 2 and 3 of the indictment charging the

defendant with sale of an interception device, in violation of Title 18, United States Code,
Section 2512(l)(b), and advertisement of a known interception device, in violation of Title 18,
United States Code, Section 2512(l)(c)(i). The maximum penalties for each of these offenses

are: a maximum term of 5 years of imprisonment, a fine of $250,000, a special assessment, and 3
years of supervised release. The defendant understands that this supervised release term is in
addition to any prison term the defendant may receive, and that a violation of a term of
supervised release could result in the defendant being returned to prison for the full term of
supervised release.
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2. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offense. The defendant admits the facts set forth in the Statement of Facts ?led with this plea
agreement and agrees that those facts establish guilt of the offense charged beyond a reasonable
doubt. The Statement of Facts, which is hereby incorporated into this plea agreement,
constitutes a stipulation of facts for purposes of Section IB 1 2(a) of the Sentencing Guidelines.
3. Assistance and Advice of Counsel
The defendant is satis?ed that the defendant?s attorney has rendered effective assistance.
The defendant understands that by entering into this agreement, defendant surrenders certain
rights as provided in this agreement. The defendant understands that the rights of criminal
defendants include the following:
a. the right to plead not guilty and to persist in that plea;
b. the right to ajury trial;
c. the right to be represented by counsel - and if necessary have the court
appoint counsel at trial and at every other stage of the proceedings; and
d. the right at trial to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance of witnesses.
4. Role of the Court and the Probation Of?ce
The defendant understands that the Court hasjurisdiction and authority to impose any
sentence within the statutory maximum described above but that the Court will determine the
defendant?s actual sentence in accordance with Title 18, United States Code, Section 3553(a).

The defendant understands that the Court has not yet determined a sentence and that any estimate
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Case Document 35 Filed 11/25/14 Page 3 of 13 Page D# 124

of the advisory sentencing range under the U.S. Sentencing Commission?s Sentencing
Guidelines Manual the defendant may have received from the defendant?s counsel, the United
States, or the Probation Office, is a prediction, not a promise, and is not binding on the United
States, the Probation Office, or the Court. Additionally, pursuant to the Supreme Court?s
decision in United States v. Booker, 543 U.S. 220, [25 S. Ct. 738 (2005), the Court, after
considering the factors set forth in Title 18, United States Code, Section 3553(a), may impose a
sentence above or below the advisory sentencing range, subject only to review by higher courts
for reasonableness. The United States makes no promise or representation concerning what
sentence the defendant will receive, and the defendant cannot withdraw a guilty plea based upon
the actual sentence.

Further, in accordance with Rule of the Federal Rules of Criminal Procedure,
the United States and the defendant will recommend to the Court that the following provisions of
the Sentencing Guidelines apply:

a. The base offense level is 6, pursuant to U.S.S.G. 

b. The offense was committed for pecuniary gain, resulting in an increase of
3 in the offense level, pursuant to U.S.S.G. 

c. The defendant was a manager or supervisor of criminal activity, but the
criminal activity did not involve ?ve or more participants and was not
otherwise extensive, resulting in an increase of 2 in the offense level,
pursuant to U.S.S.G. 33] and,

d. A Criminal History Category of most accurately reflects the Defendant?s

criminal history, pursuant to U.S.S.G. 4A 1 and 5A.

Case Document 35 Filed 11/25/14 Page 4 of 13 PagelD# 125

The United States and the defendant agree that the defendant has assisted the government
in the investigation and prosecution of the defendant?s own misconduct by timely notifying
authorities of the defendant?s intention to enter a plea of guilty, thereby permitting the
government to avoid preparing for trial and permitting the government and the Court to allocate
their resources efficiently. For these reasons, the United States and the defendant will
recommend that the offense level be reduced by 2, pursuant to U.S.S.G. 

Defendant may recommend the imposition of any legal custodial sentence under Title 18,
United States Code, Section 3553(a), including time served or probation. The United States
agrees to defer to the Court?s determination as to what is an appropriate custodial sentence.

5. Waiver of Appeal, and Privacy Act Rights

The defendant also understands that Title 18, United States Code, Section 3742 affords a
defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly
waives the right to appeal the conviction and any sentence within the statutory maximum
described above (or the manner in which that sentence was determined) on the grounds set forth
in Title 18, United States Code, Section 3742 or on any ground whatsoever, except a claim of
ineffective assistance of counsel, in exchange for the concessions made by the United States in
this plea agreement. This agreement does not affect the rights or obligations of the United States
as set forth in Title 18, United States Code, Section 3742(b). The defendant also hereby 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, Title 5, United States Code, Section 552, or the Privacy Act, Title

5, United States Code, Section 552a.

Case Document 35 Filed 11/25/14 Page 5 of 13 Page D# 126

6. Special Assessment

Before sentencing in this case, the defendant agrees to pay a mandatory special
assessment of one hundred dollars 00.00) per count of conviction.

7. Monetary Penalties

In accordance with Rule 1 of the Federal Rules of Criminal Procedure, the
United States and the defendant will recommend that a monetary fine of $250,000.00 be imposed
as part of the sentence for each of Count 2 and Count 3, for a total fine of $500,000.00.

The defendant understands and agrees that, pursuant to Title United States Code,
Section 3613, whatever monetary penalties are imposed by the Court will be due immediately
and subject to immediate enforcement by the United States as provided for in Section 3613.
Furthermore, within 14 days of a request, the defendant agrees to provide all of the defendant?s
financial information to the United States and the Probation Office and, if requested, to
participate in a pie-sentencing debtor?s examination and/or complete a ?nancial statement under
penalty of perjury. [f the Court imposes a schedule of payments, the defendant understands that
the schedule of payments is merely a minimum schedule of payments and not the only method,
nor a limitation on the methods, available to the United States to enforce thejudgment. If the
defendant is incarcerated, the defendant agrees to voluntarily participate in the Bureau of
Prisons? Inmate Financial Responsibility Program, regardless of whether the Court Speci?cally
directs participation or imposes a schedule of payments.

8. Immunity from Further Prosecution in this District

The United States will not further criminally prosecute the defendant in the Eastern

District of Virginia for the speci?c conduct described in the indictment or Statement of Facts.

Case Document 35 Filed 11/25/14 Page 6 of 13 PagelD# 127

9. Dismissal of Other Counts

As a condition of the execution of this agreement and the Court?s acceptance of the
defendant?s plea of guilty, the United States will move to dismiss the remaining counts of the
indictment against this defendant.

10. Immediate Sentencing and Presentence Investigation

The parties agree that the defendant may be sentenced on the date on which this plea
agreement is entered in open court, and that an expeditious sentencing best serves the interests of
justice. The parties further agree, pursuant to Rule of the Federal Rules of
Criminal Procedure, that the record contains sufficient information to enable the Court to
exercise its sentencing authority, and that the sentence may properly be imposed according to the
terms of this agreement without need for a pre-sentence investigation and report. The defendant
speci?cally hereby waives his right to a pre-sentence investigation report and review of such
report in advance of sentencing in this case.

11. Forfeiture Agreement

The defendant understands that the forfeiture of assets is part of the sentence that must be
imposed in this case. Pursuant to Title l8, United States Code, Section 2513, the defendant
agrees to forfeit all interests in the source code for the StealthGenie software application that the
defendant owns or over which the defendant exercises control. The defendant agrees to consent
to the entry of orders of forfeiture for such property and waives the requirements of Federal
Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in

thejudgment. Defendant admits and agrees that the conduct described in the Statement of Facts

Case Document 35 Filed 11/25/14 Page 7 of 13 Page D# 128

provides a sufficient factual and statutory basis for the forfeiture of the property sought by the
government.

12. Waiver of Further Review of Forfeiture

The defendant further agrees to waive all constitutional and statutory challenges to
forfeiture in any manner to any forfeiture carried out in accordance with this Plea Agreement on
any grounds, including that the forfeiture constitutes an excessive ?ne or punishment. The
defendant also waives any failure by the Court to advise the defendant of any applicable
forfeiture at the time the guilty plea is accepted as required by Rule I The defendant
agrees to take all steps as requested by the United States to pass clear title to forfeitable assets to
the United States, and to testify truthfully in anyjudicial forfeiture proceeding. The defendant
understands and agrees that all property covered by this agreement is subject to forfeiture
pursuant to Title 18, United States Code, Section 2513.

13. Impact of Guilty Plea on Immigration Status

The defendant recognizes that pleading guilty may have consequences with respect to
defendant?s immigration status if defendant is not a citizen of the United States. Under federal
law, a broad range of crimes are removable offenses, including the offenses to which defendant
is pleading guilty. Because removal and other immigration consequences are the subjects of a
separate proceeding, the defendant understands that no one, including defendant's attorney or the
District Court, can predict to a certainty the effect of the defendant?s conviction on defendant?s
immigration status. Defendant nevertheless af?rms that defendant wants to plead guilty
regardless of any immigration consequences that defendant?s plea may entail, even if the

consequence is the defendant?s automatic removal from the United States.

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14. Consent Given for Removal from the United States

The defendant acknowledges that the defendant is removable from the United States and
agrees not to contest any removal proceedings brought against the defendant by the Department
of Homeland Security (DHS). If the DHS ?les a Notice to Appear or other administrative
charging document against the defendant, the defendant agrees to request an expedited removal
hearing and to consent to removal. The defendant acknowledges that by consenting to removal,
the defendant will be immediately removed from the United States upon the completion of any
period of incarceration. The defendant knowingly waives any and all rights to appeal, reopen,
reconsider, or otherwise challenge this removal.

15. Waiver of Rights Related to Removal from the United States

Except as provided in paragraph [6 below, the defendant agrees to waive the defendant?s
rights to apply for any and all forms of relief or protection from removal, deportation, or
exclusion under the immigration and Nationality Act (as amended) and related federal
regulations. These rights include, but are not limited to, the ability to apply for the following
forms of relief or protection from removal: asylum; withholding of deportation or
removal; cancellation of removal; suspension of deportation; adjustment of status; and
protection under Article 3 of the Convention Against Torture. As part of this agreement, the

defendant speci?cally acknowledges and states that the defendant has not been persecuted in=

 

and has no present fear of persecution in, Denmark on account of race, religion, nationality,
membership in a particular social group or political opinion. Similarly. the defendant further

 

acknowledges and states that the defendant has not been tortured in. and has no present fear of

torture in Denmark.

Case Document 35 Filed 11/25/14 Page 9 of 13 Page D# 130

16. Exception for Changed Circumstances Arising After Plea

Nothing in this plea agreement shall prohibit the defendant from applying for asylum,
withholding of removal, or protection under Article 3 of the Convention Against Torture,
provided the application is based solely on changed circumstances arising after the entry of this
plea but before the defendant?s removal.

17. Abandonment of Pending Applications for Relief from Removal

The defendant agrees that upon entry of this plea agreement, the defendant abandons l)
any existing immigration bene?t the defendant may hold except his current immigration parole
status and (2) any application for relief from removal, deportation, or exclusion the defendant
may have ?led prior to the completion of this plea agreement. The defendant further agrees not
to ?le or prosecute any application for relief from removal, deportation, or exclusion, either
written or oral, before any federal court, the Board of Immigration Appeals, an immigration
judge, or the Department of Homeland Security (DHS), prior to the defendant?s removal from
the United States, except that the defendant may apply for asylum, withholding of removal, or
protection under Article 3 of the Convention Against Torture as provided in paragraph 16 of this
plea agreement.

18. The Defendant?s Cooperation in the Defendant?s Removal

The defendant agrees to assist the DHS in the execution of the defendant?s removal.
Speci?cally, the defendant agrees to assist the DHS in the procurement of any travel or other
documents necessary for the defendant?s removal; to meet with and to cooperate with
representatives of the country or countries to which the defendant?s removal is directed; and to
execute these forms, applications, or waivers needed to execute or expedite the defendant?s

removal. The defendant further understands that the defendant?s failure or refusal to assist the
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DHS in the execution of the defendant?s removal shall breach this plea agreement and may
subject the defendant to criminal penalties under Title 8, United States Code, Section 1253.
19. Plea Agreement Binding for Purposes of Removal Proceedings
The defendant agrees that the defendant intends the agreements contained in this plea
agreement to be binding upon the defendant during any removal proceeding that may be
instituted against the defendant as a result of this plea agreement. In particular, the defendant
acknowledges and agrees that the agreements concerning removal contained in the plea
agreement were entered into by the defendant and the United States with the express
understanding that the agreements are binding for purposes of any future removal proceeding
before the Board of Immigration Appeals, an immigration judge, or the DHS.
20. Breach of the Plea Agreement and Remedies
This agreement is effective when signed by the defendant, the defendant?s attorney, and
an attorney for the United States. The defendant agrees to entry of this plea agreement at the
date and time scheduled with the Court by the United States (in consultation with the defendant?s
attorney). If the defendant withdraws from this agreement, or commits or attempts to commit
any additional federal, state or local crimes, or intentionally gives materially false, incomplete, or
misleading testimony or information, or otherwise violates any provision of this agreement, then:
a. The United States will be released from its obligations under this
agreement, including any obligation to seek a downward departure or a
reduction in sentence. The defendant, however, may not withdraw the
guilty plea entered pursuant to this agreement;
b. The defendant will be subject to prosecution for any federal criminal

violation, including, but not limited to, perjury and obstruction of justice,
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that is not time-barred by the applicable statute of limitations on the date
this agreement is signed. Notwithstanding the subsequent expiration of
the statute of limitations, in any such prosecution, the defendant agrees to
waive any statute-of-limitations defense; and

c. Any prosecution, including the prosecution that is the subject of this
agreement, may be premised upon any information provided, or
statements made, by the defendant, and all such information, statements,
and leads derived therefrom may be used against the defendant. The
defendant waives any right to claim that statements made before or alter
the date of this agreement, including the Statement of Facts accompanying
this agreement or adopted by the defendant and any other statements made
pursuant to this or any other agreement with the United States, should be
excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. Kl),
the Sentencing Guidelines or any other provision of the Constitution or
federal law.

Any alleged breach of this agreement by either party shall be determined by the Court in
an appropriate proceeding at which the defendant?s disclosures and documentary evidence shall
be admissible and at which the moving party shall be required to establish a breach of the plea
agreement by a preponderance of the evidence.

21. Nature of the Agreement and Modi?cations

This written agreement constitutes the complete plea agreement between the United
States, the defendant, and the defendant?s counsel. The defendant and the defendant's attorney

acknowledge that no threats, promises, or representations have been made, nor agreements
i 

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reached, other than those set l?ortli in writing in this plea agreement. to cause the defendant to

plead guilty. Any modification ot'this plea agreement sltall be valid only as set forth in writing

in a supplemental or revised plea agreement signed by all parties.

By:

Dana J. Boenle
United States Attorney

W-

.IaMrabltu

Assistant United States Attorney

William A. Hall, Jr.

Senior Trial Attorney

Criminal Division

United States Department oflustiee

 

Case Document 35 Filed 11/25/14 Page 13 of 13 PagelD# 134

Defendant's Sianature: hereby agree that have consulted with my attorney and fully
understand all rights with respect to the pending criminal indictment. Further. I fully understand
all rights with respect to Title 18, United States Cede, Section 3553 and the provisions eftlte
Sentencing Guidelines Manual that may apply in my case. i have read this plea agreement and
carefully reviewed every part of it with my attorney. I understand this agreement and voluntarily
agree to it.

Date: ll ij? I Zel ?l 
Hammad Akbar

Defendant

 

 

Defense Counsel Sienature: I am counsel for the defendant in this case. I have fully
explained to the defendant the defendant's rights with reapeet to the pending indictment.
Further. I have reviewed Title 18, United States Code. Section 3553 and the Senteneing
Guidelines Manual, and have fully explained to the defendant the provisions that may apply in
this ease. I have carefully reviewed every part ofthis plea agreement with the defendant. To my
knowledge, the defendant?s decision to enter into this agreement is an informed and voluntary
one.

Date: ?indium 

Patr elt Rowan. Esq.
Cotti'l el liar the Defendant