IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA

CRIMINAL NO. I7-I37
RUFUS SETH WILLIAMS

GUILTY PLEA AGREEMENT
Under Rule 11 of the Federal Rules of Criminal Procedure, the government, the
defendant, and the defendant's counsel enter into the following guilty plea agreement.

Any reference to the United States or the government in this agreement shall mean the
Office of the United States Attomey for the District of New Jersey.

1.

The defendant agrees to plead guilty to Count One ofthe Superseding

Indictment charging him with Travel and Use of Interstate Facilities to Promote and
Facilitate Bribery Contrary to Pennsylvania Law, in violation of 18 U.S.C. S 1952,
arising from the defendant's acceptance ofbribes from Business Owner #1, and not to
contest forfeiture as set forth in the notice of forfeiture charging criminal forfeiture under

l8 U.S.C.

S 981(a)(1)(C). The defendant

turther acknowledges his waiver of rights, as set

forth in the attachment to this agreement.

2.

At the time of sentencing, the govemment will:
a

Indictment

as

Move to dismiss Counts Two to Twenty-Nine of the Superseding

to this defendant. The defendant waives the statute of limitations as to all

counts to be dismissed under this agreement and agrees that if the defendant withdraws

 from, or successfully challenges, the guilty plea entered under this agreement, or if these
counts are otherwise reinstated under the terms of this agreement, neither the statute

of

limitations nor the Double Jeopardy Clause will bar prosecution on any of these
dismissed counts.

b.

Make whatever sentencing recommendation as to imprisonment,

fines, forfeiture, restitution, and other matters which the govemment deems appropriate.

c.

Comment on the evidence and circumstances of the case; bring to

the Court's attention all facts relevant to sentencing including evidence relating to

dismissed counts, ifany, and to the character and any criminal conduct of the defendant;
address the Court regarding the nature and seriousness of the offense; respond factually

to questions raised by the Court; correct factual inaccuracies in the presentence report or
sentencing record; and rebut any statement of facts made by or on behalfofthe defendant
at sentencing.

d.

Nothing in this agreement shall limit the govemment in its

comments in, and responses to, any post-sentencing matters.

3.

The defendant understands, agrees, and has had explained to him by

counsel that the Court may impose the following statutory maximum sentence with
respect to Count One: a term of imprisonment

ofthree years,

offive years, a term ofsupervised

a $250,000 fine, and a $100 special assessment.

forfeiture shall also be ordered, as further explained below.

1

release

Full restitution and

 4.
if

The defendant further understands that supervised release may be revoked

its terms and conditions are violated. When supervised release is revoked, the original

term of imprisonment may be increased by up to 2 years per count ofconviction. Thus, a

violation of supervised release increases the possible period of incarceration and makes it
possible that the defendant

will have to serve the original

sentence, plus a substantial

additional period, without credit for time already spent on supervised release.

5.

The defendant agrees to pay the special victims/witness assessment in the

amount of$100 before the time of sentencing and shall provide a receipt from the Clerk
to the govemment before sentencing as proof of this payment.

6.

The defendant may not withdraw his plea because the Court declines to

follow any recommendation, motion, or stipulation by the parties to this agreement. No.
one has promised or guaranteed to the defendant what sentence the Court

7.

Pursuant to Guideline Section

lBl.2,

will

impose.

the parties stipulate that the defendant

committed all other offenses charged in the Superseding Indictment in this matter, in
addition to the offense ofconviction, and the defendant understands and agrees that, for
the purpose of determining the defendant's Sentencing Guidelines range, Section

lBl.2(c) provides that these additional offenses shall be treated

as

if the defendant had

been convicted ofthese additional counts. Specifically, the defendant admits that he

committed these additional offenses, which shall be considered in the calculation of the
Sentencing Guidelines range:

-3-

 a.

Acceptance ofbribes from Business Owner#1, as described and

charged in Counts One to Five (Travel and Use of Interstate Facilities to Promote and

Facilitate Bribery Contrary to Pennsylvania Law, in violation of l8 U.S.C. $ 1952),
Count Six (Hobbs Act Extortion, in violation of l8 U.S.C. $ 1951), and Counts Fourteen
and Fifteen (Honest Services Wire Fraud, in violation

b.

of l8 U.S.C. $$ 1343 and 1346).

Acceptance ofbribes from Business Owner #2, as described and

charged in Counts Seven to Twelve (Travel and Use of Interstate Facilities to Promote
and Facilitate Bribery Contrary to Pennsylvania Law, in violation

of l8 U.S.C. $ 1952),

Count Thirteen (Hobbs Act Extortion, in violation of 18 U.S.C. $

l95l),

Fourteen and Fifteen (Honest Services Wire Fraud, in violation

and Counts

of l8 U.S.C. $$ l3a3 and

1346).

A scheme to defraud a nursing home at which the defendant's
relative resided, and friends ofthat relative, as described and charged in Counts Sixteen
to Twenty-One (Wire Fraud, in violation of l8 U.S.C. $ 1343).

d.

A scheme to defraud a political action committee,

as described and

charged in Counts Twenty-Two to Twenty-Five (Wire Fraud, in violation

of

18 U.S.C.

$ r343).
e

A scheme to defraud the City of Philadelphia and the HIDTA

program, as described and charged in Counts Twenty-Six to Twenty-Seven (Wire Fraud,
in violation of 18 U.S.C. $ 1343), and Counts Twenty-Eight to Twenty-Nine (Mail Fraud,
in violation of l8 U.S.C. $

l34l).

-4-

 8.

The defendant agrees that he may be held responsible for all restitution

owed as a result of the offense to which he is pleading guilty, as well as all restituti

7.

owed as a result of all of the offenses described in paragraph/of this agreement ,lnan

6€--

amount determined by the Court. The defendant further stipulates that this agreement o

responsibility for restitution does not constitute extraordinary acceptance of responsibility
or provide any basis to seek a downward departure or variance from the applicable
Sentencing Guideline range.

9.

With respect to forfeiture:

a.

The defendant forfeits his right, title, and interest in the sum

of

564,878.22, as charged in the notice of forfeiture in the Superseding Indictment,
representing all property, real and personal, that constituted and was derived from
proceeds traceable to the commission of all offenses charged in the Superseding

Indictment, and agrees to the entry of a money judgment against him in this amount. The
defendant agrees to the entry ofan order of forfeiture pursuant to Federal Rule

of

Criminal Procedure 32.2(b) as soon as possible after the guilty plea and before
sentencing.

b.

The defendant agrees to waive any claims, defenses, or challenges

arising under the Double Jeopardy or Excessive Fines Clauses of the Eighth Amendmen!
resulting from the forfeiture imposed as a result of this agreement, and stipulates that
such forfeiture is not grossly disproportionate to his criminal conduct.

-5-

 c

The defendant agrees that the forfeiture requirements of this

agreement do not amount to extraordinary acceptance of responsibility and do not

constitute any basis for a downward departure under the Sentencing Guidelines.

10.

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution, the defendant agrees fully to disclose all assets in rvhich
he has any interest or over which the defendant exercises control, directly or indirectly,

including those held by
a

a

relative, nominee, or other third parry. Accordingly:

The defendant will promptly submit a completed financial statement

to the U.S. Attomey's Office, in a form it provides and as it directs. The defendant
promises that his hnancial statement and disclosures will be complete, accurate, and

truthful.

b.

The defendant expressly authorizes the U.S. Attorney's Office to

obtain a credit report on him in order to evaluate the defendant's ability to satisfu any

financial obligation imposed by the Court.
1

I

.

Pursuant to USSG S 68 I .4, the parties agree and stipulate that, as ofthe

date ofthis agreement, the defendant has demonstrated acceptance of responsibility for

his offense. making the defendant eligible for a 2-level dorvnward adjustment under
USSG S 3El.l(a). It is understood and agreed that:

(l)

the parties are free to argue the

applicability of any other provision of the Sentencing Guidelines. including offense
conduct. offense characteristics, criminal history, adjustments, and departures; (2) this

stipulation is not binding upon either the Probation Office or the Court; and (3) the Court

-6-

 may make factual and legal determinations that differ from this stipulation and that may

result in an increase or decrease in the Sentencing Guidelines range and the sentence that
may be imposed.

12.

The defendant states that he shall resign as the District Attomey for the

City and County of Philadelphia, effective immediately upon the entry of his guilty plea.
He further understands and agrees that: (a) the status ofany professional license or
certification held by the defendant is not protected by this agreement and is a matter
solely within the discretion of the appropriate licensing, regulatory, and disciplinary
authorities; and (b) the govemment

will inform

the appropriate professional licensing,

regulatory, and disciplinary authorities in Pennsylvania of the disposition of the criminal
charges filed against the defendant in this case.

13.

Ifthe defendant commits any federal,

state, or local crime between the date

of this agreement and his sentencing, or otherwise violates any other provision of this
agreement, the government may declare a breach of the agreement, and may at its option:
(a) prosecute the defendant for any federal crime including, but not limited to, perjury,

obstruction ofjustice, and the substantive offenses arising from this investigation, based
on and using any information provided by the defendant during the investigation and

prosecution of the criminal case; (b) upon government motion, reinstate and try the
defendant on any counts which were to be, or which had been, dismissed on the basis

this agreement; (c) be relieved ofany obligations under this agreement regarding
recommendations as to sentence; and (d) be relieved ofany stipulations under the

-7

of

 Sentencing Guidelines. Moreover, the defendant's previously entered guilty plea

will

stand and cannot be withdrawn by him. The decision shall be in the sole discretion of the

government both whether to declare a breach, and regarding the remedy or remedies to
seek. The defendant understands and agrees that the fact that the govemment has not
asserted a breach of this agreement or enforced a remedy under this agreement

will not

bar the govemment from raising that breach or enforcing a remedy at a later time.

14.

In exchange for the promises and concessions made by the govemment in

entering this plea agreement, the defendant voluntarily and expressly waives all rights to
appeal or collaterally attack the defendant's conviction, sentence, or any other matter

relating to this prosecution, whether such a right to appeal or collateral attack arises under
18 U.S.C. g 37

42,28 U.S.C. S

a.

129

l,

28 U.S.C. S 2255, or any other provision of law.

Notwithstanding the waiver provision above, if the govemment

appeals from the sentence, then the defendant may file a direct appeal

b.

ofhis

sentence.

If the govemment does not appeal, then notwithstanding the waiver

provision set forth in this paragraph, the defendant may file a direct appeal or petition for
collateral relief but may raise only a claim, if otherwise permitted by law in such a
proceeding:

(l)

rhat the defendant's sentence on any count of conviction

exceeds the statutory maximum for that count as set forth in paragraph 3 above;

(2)

challenging a decision by the sentencing judge to impose an

"upward departure" pursuant to the Sentencing Guidelines;

-8-

 (3)

challenging a decision by the sentencingjudge to impose an

"upward variance" above the final Sentencing Guideline range determined by the Court;
and

(4)

that an attorney who represented the defendant during the

course of this criminal case provided constitutionally ineffective assistance ofcounsel.

If the defendant

does appeal or seek collateral reliefpursuant to this subparagraph,

no issue may be presented by the defendant in such a proceeding other than those
described in this subparagraph.

15.

The defendant acknowledges that filing an appeal or any collateral attack

waived in the preceding paragraph may constitute a breach of this plea agreement. The
government promises that it
based on the mere

will not declare

a breach

of the plea agfeement on this basis

filing ofa notice ofappeal, but may do so only after the defendant or

his counsel thereafter states, either orally or in writing, a determination to proceed with
an appeal or collateral attack raising an issue the govemment deems bared by the waiver.

The parties acknowledge that the filing and pursuit ofan appeal constitutes a breach only

ifa

court determines that the appeal does not present an issue that ajudge may reasonably

conclude is permitted by an exception to the waiver stated in the preceding paragraph or
constitutes a "miscarriage ofjustice" as that term is defined in applicable law.

16.

The defendant waives any claim under the Hyde Amendment, l8 U.S.C.

s 30064 (statutory Note), for attorney's fees and other litigation expenses arising out
the investigation or prosecution of this matter.

-9-

of

 17.

The defendant 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,

5

U.S.C. S 552, or the Privacy Act, 5 U.S.C. $ 552a.

18.

The defendant is satisfied with the legal representation provided by the

defendant's lawyer; the defendant and this lawyer have fully discussed this plea
agreement; and the defendant is agreeing to plead guilty because the defendant admits
that he is

guilty. It is agreed

that the parties' guilty plea agreement contains no

additional promises, agreements, or understandings other than those set forth in this

-10-

 witten guilty plea agreement, and that no additional promises, agreements, or
understandings

will

be entered into unless in writing and signed by all parties.

JEFFERSON B. SESSIONS III
Attomey General of the United States

WILLIAM E. FITZPATRICK
Acting united states Attomey
for the District of New Jersey

RUFU

T
VINEET

TH WII-I-IAMS

RO

ttomeys

Assistant

4, tu
o

f\

C W. MORAN

F.

Special Attomey
Appointed Under 28 U.S.C. $ 515

TREVANBORUM, Esq.
Counsel for Defendant

APPROVED BY:

)
Date:

ht/L

\2

U

-J'4*ffi$H{OBILE-'
eUe++peeia+preseeu+iens+l+isiee
District of New Jersey

{Kla u. Yt^oR*\J
Dqufy- ctto\ 3iwi".[ Di trisi ct't

- 11-

 Attachment

IN THE UNITED STATES DISTRICT COURT

FORTHE EASTERI\ DISTRICT OF PENNSYLVANIA

UNITEDSTATESOFAMERICA

:

:

v

CRIMINAL NO.

17-137

RUFUS SETH WILLIAMS

ACKNOWLEDGMENT OF RIGHTS
I hereby acknowledge that I have certain rights that I will be giving up by pleading
guilty.

1.

I understand that I do not have to plead guilty.

2.

I may plead not guilty and insist upon the completion of the trial which has
commenced before this Court.

3.

At that trial, I understand:

a.

that I have the right to be tried by the jury that has been selected
from the Eastem District of Pennsylvania with my participation, and that of my attomeys;

b.

that the

jury could only convict me if all

12

jurors agreed that they

were convinced of my guilt beyond a reasonable doubt;

c.

that the govemment has the burden of proving my guilt beyond a
reasonable doubt and that I do not have to prove anything;

d.

that I am presumed innocent unless and until such time as thejury
was convinced beyond a reasonable doubt that the government had proven that I was

guilty;

e.

that I have the right to be represented by a lawyer at this trial and at
any appeal following the trial, and that ifI could not afford to hire a lawyer, the court
would appoint one for me free of charge;

 f.

that though my lawyer I have the right to confront and crossexamine the witnesses against me;

C.

that I could testiff in my own defense if I wanted to and I could
subpoena witnesses to testil, in my defense if I wanted to; and

h.

that I would not have to testi$ or otherwise present any defense
did not want to and that ifl did not present any evidence, thejury could not hold that
against me.

ifI

4.

I understand that if I plead guilty, the trial would end, the jury will be
dismissed, and I would be giving up all of the rights listed above.

5.

I understand that if I decide to enter a plea of guilty, the judge will ask me
questions under oath and that ifI lie in answering those questions, I could be prosecuted
for the crime of perjury, that is, for lying under oath.
I understand that ifl plead guilty, I have given up my right to appeal,
except as set forth in the appellate waiver provisions of my plea agreement.

6.
7.

Understanding that I have all these rights and that by pleading guilty I am
giving them up, I still wish to plead guilty.

8.

I acknowledge that no one has promised me what sentence the Court will
impose. I am aware and have discussed with my attorney that, at sentencing, the Court
will calculate the Sentencing Guidelines range (including whether any departures apply),
and then, in determining my sentence, will consider the Guideline range and all relevant
policy statements in the Sentencing Guidelines, along with other sentencing factors set
forth in l8 U.S.C. S 3553(a), including
(1) the nature and circumstances of the offense and my personal history and
characteristics;
(2) the need for the sentence imposed-- (A) to reflect the seriousness of the
offense, to promote respect for the law, and to provide just punishment for the
offensel (B) to afford adequate deterrence to criminal conduct; (C) to protect the
public from further crimes of the defendant; and (D) to provide the defendant with
needed educational or vocational training, medical care, or other correctional
treatment in the most eflective manner;
(3) the kinds of sentences available;
a

 (4) the need to avoid unwarranted sentence disparities among defendants with
similar records who have been found guilty of similar conduct; and
(5) the need to provide restitution to any victims of the offense.

SE

Defendant

QA,ilZ ig-rA
4rrorr,re?r.

s'frr&y'q

TREVAN BORUM, Esq.
Counsel for the Defendant

Dated

h

-3-