Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 1 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA

v.
JASON T. POSEY

§
§
§
§
§

CRIMINAL NO. H-17-116S-03

PLEA AGREEMENT

The United States of America, by and through AnnaLou Tirol, Acting Chief
of the Public Integrity Section, United States Department of Justice, Ryan J.
Ellersick and Robert J. Heberle, Trial Attorneys for the Public Integrity Section, Abe
Martinez, Acting United States Attorney for the Southern District of Texas, and
Melissa Annis, Assistant United States Attorney, and the defendant, Jason T. Posey
("Defendant"), and Defendant's counsel, pursuant to Rule 11(c)(l)(A) of the Federal
Rules of Criminal Procedure, state that they have entered into an agreement, the
terms and conditions ofwhich are as follows:
Defendant's Agreement

1. Defendant agrees to plead guilty to Counts 4, 8, and 22 of the First
Superseding Indictment. Count 4 charges Defendant with mail fraud, in violation
of Title 18, United States Code, Sections 1341 and 2. Count 8 charges Defendant

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 2 of 24

with wire fraud, in violation of Title 18, United States Code, Sections 1343 and 2.
Count 22 charges Defendant with money laundering in violation of Title 18, United
States Code, Sections 1957 and 2. Defendant, by entering this plea, agrees that he
is waiving any right to have the facts that the law makes essential to the punishment
either charged in the indictment, or proved to a jury or proven beyond a reasonable
doubt.
Punishment Range

2. The statutory maximum penalty for each violation of Title 18, United
States Code, Sections 1341 and 1343 is imprisonment of not more than 20 years and
a fine of not more than $250,000.

The statutory maximum penalty for each

violation of Title 18, United States Code, Section 1957 is imprisonment of not more
than 10 years and a fine of not more thim $250,000. Additionally, Defendant may
receive a term of supervised release after imprisonment of up to 3 years after a
conviction under Title 18, United States Code, Sections 1341, 1343, and 1957. See
Title 18, United States Code, Sections 3559(a)(3) and 3583(b)(2). Defendant
acknowledges and understands that if he should violate the conditions of any period
of supervised release which may be imposed as part of his sentence, then Defendant
may be imprisoned for the entire term of supervised release, without credit for time
already served on the term of supervised release prior to such violation. See Title
2

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 3 of 24

18, United Stated Code, sections 3559(a)(3) and 3583(e)(3).

Defendant

understands that he cannot have the imposition or execution of the sentence
suspended, nor is he eligible for parole.
Mandatory Special Assessment

3.

Pursuant to Title 18, United States Code, section 3013(a)(2)(A),

immediately after sentencing, Defendant will pay to the Clerk of the United States
District Court a special assessment in the amount of one hundred dollars ($100.00)
per count of conviction for a total payment of $300.00. The payment will be by
cashier's check or money order, payable to the Clerk of the United States District
Court, c/o District Clerk's Office, P.O. Box 61010, Houston, Texas 77208,
Attention: Finance.
Cooperation

4.

The parties understand this Agreement carries the potential for a motion

for departure under § SK 1.1 of the United States Sentencing Guidelines. Defendant
understands and agrees that whether such a motion is filed will be determined solely
by the United States through the Chief of the Public Integrity Section and the United
States Attorney for the Southern District of Texas.

Should Defendant's

cooperation, in the sole judgment and discretion of the United States, amount to
"substantial assistance," the United States reserves the sole right to file a motion for
3

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 4 of 24

departure pursuant to § 5K1.1 of the Sentencing Guidelines. Defendant further
agrees to persist in that plea through sentencing, fully cooperate with the United
States, and not oppose the forfeiture of assets contemplated in paragraphs 21-25 of
this agreement.

Defendant understands and agrees that the United States will

request that sentencing be deferred until that cooperation is complete.
5.

Defendant understands and agrees that "fully cooperate," as that term

is used herein, includes providing all truthful information relating to any criminal
activity known to Defendant, including, but not limited to, mail and wire fraud,
violations of the Federal Election Campaign Act, false statements to the Federal
Election Commission, and money laundering. Defendant understands that such
information includes both state and federal offenses arising therefrom.

In that

regard:
(a)

Defendant and the United States agree that, for purposes of
determining Defendant's guideline range at the time of
sentencing, section 2B 1.1 of the United States Sentencing
Guidelines is the applicable Chapter Two offense guideline
section. Defendant and the United States further agree that the
applicable base offense level under section 2B 1.1 of the United
States Sentencing Guidelines is 7.

(b)

Defendant agrees that this Plea Agreement binds only the Public
Integrity Section and the United States Attorney's Office for the
Southern District of Texas and Defendant, and that it does not
bind any other United States Attorney's office or other
component or section of the Department of Justice;
4

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 5 of 24

(c)

Defendant agrees to testify truthfully as a witness before a grand
jury or in any other judicial or administrative proceeding when .
called upon to do so by the United States. Defendant further
agrees to waive his Fifth Amendment privilege against selfincrimination for the purpose of this Agreement;

(d)

Defendant agrees to voluntarily attend any interviews and
conferences as the United States may request;

(e)

Defendant agrees to provide truthful, complete, and accurate
information and testimony and understands any false statements
made by Defendant to the grand jury or at any court proceeding
(criminal or civil), or to a government agent or attorney, can and
will be prosecuted under the appropriate perjury, false statement,
or obstruction statutes;

(f)

Defendant agrees to provide to the United States all documents
in his possession or under his control relating to all areas of
inquiry and investigation; and

(g)

Should any recommended departure not meet Defendant's
expectations, Defendant understands he remains bound by the
terms of this Agreement and that he cannot, for that reason alone,
withdraw his plea.
Waiver of Appeal and Collateral Review

6. Defendant is aware that Title 28, United States Code, section 1291, and
Title 18, United States Code, section 3742, afford a defendant the right to appeal the
conviction and sentence imposed. Defendant is also aware that Title 28, United
States Code, section 2255, affords the right to contest or "collaterally attack" a
conviction or sentence after the judgment of conviction and sentence has become
5

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 6 of 24

final.

Defendant knowingly and voluntarily watves the right to appeal or

"collaterally attack" the conviction and sentence, except that Defendant does not
waive the right to raise a claim of ineffective assistance of counsel on direct appeal,
if otherwise permitted, or on collateral review in a motion under Title 28, United
States Code, section 2255. In the event Defendant files a notice of appeal following
the imposition of the sentence or later collaterally attacks his conviction or sentence,
the United States will assert its rights under this agreement and seek specific
performance of these waivers.
7. In agreeing to these waivers, Defendant is aware that a sentence has not
yet been determined by the Court. Defendant is also aware that any estimate of the
possible sentencing range under the sentencing guidelines that he may have received
from his counsel, the United States or the Probation Office, is a prediction and not a
promise, did not induce his guilty plea, and is not binding on the United States, the
Probation Office or the Court. The United States does not make any promise or
representation concerning what sentence the defendant will receive. Defendant
further understands and agrees that the United States Sentencing Guidelines are
"effectively advisory" to the Court. See United States v. Booker, 543 U.S. 220
(2005). Accordingly, Defendant understands that, although the Court must consult
the Sentencing Guidelines and must take them into account when sentencing
6

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 7 of 24

Defendant, the Court is not bound to follow the Sentencing Guidelines nor sentence
Defendant within the calculated guideline range.
8. Defendant understands and agrees that each and all waivers contained in
the Agreement as well as the agreement to cooperate are made in exchange for the
concessions made by the United States in this plea agreement.
The United States' Agreements

9. The United States agrees to each ofthe following:
(a)

At the time of sentencing, the United States agrees not to oppose
Defendant's anticipated request to the Court and the United
States Probation. Office that he receive a two (2) level downward
adjustment pursuant to section 3El.1(a) of the United States
Sentencing Guidelines, should Defendant accept responsibility
as contemplated by the Sentencing Guidelines;

(b)

If Defendant qualifies for an adjustment under section 3E 1.1 (a)
of the United States Sentencing Guidelines and the Defendant's
offense level is 16 or greater, the United States agrees not to
oppose Defendant's request for an additional one-level departure
based on the timeliness of the plea or the expeditious manner in
which Defendant provided complete information regarding his
role in the offense.

Agreement Binding- Public Integrity Section and Southern District of Texas

10. The United States agrees that it will not further criminally prosecute
Defendant in the Southern District of Texas for offenses arising from conduct
charged in the First Superseding Indictment which are known to the United States at
the time of the execution of this plea agreement. This plea agreement binds only
7

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 8 of 24

the Public Integrity Section· and United States Attorney's Office for the Southern
District of Texas and Defendant.

It does not bind any other United States

Attorney's office or other component or section of the Department of Justice. The
Public Integrity Section and United States Attorney's Office for the Southern
District of Texas will bring this plea agreement and the full extent of Defendant's
cooperation to the attention of other prosecuting offices, if requested.
United States' Non-Waiver of Appeal

11. The United States reserves the right to carry out its responsibilities under
guidelines sentencing. Specifically, the United States reserves the right:
(a)

to bring its version of the facts of this case, including its evidence
file and any investigative files, to the attention of the Probation
Office in connection with that office's preparation of a
presentence report;

(b)

to set forth or dispute specific offense characteristics or
adjustments under the Sentencing Guidelines, sentencing factors,
or facts material to sentencing;

(c)

to seek resolution of such factors or facts in conference with
Defendant's counsel and the Probation Office;

(d)

to file a pleading relating to these issues, in accordance with
section 6A 1.2 of the United States Sentencing Guidelines and
Title 18, United States Code, section 3553(a); and

(e)

to appeal the sentence imposed or the manner in which it was
determined.

8

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 9 of 24

Sentence Determination

12. Defendant is aware that the sentence will be imposed after consideration
of the United States Sentencing Guidelines and Policy Statements, which are only
advisory, as well as the provisions of Title 18, United States Code, Section 3553(a).
Defendant nonetheless acknowledges and agrees that the Court has authority to
impose any sentence up to and including the statutory maximum set for the offenses
to which Defendant pleads guilty, and that the sentence to be imposed is within the
sole discretion of the sentencing judge after the Court has consulted the applicable
Sentencing Guidelines.

Defendant understands and agrees that the parties'

positions regarding the application of the Sentencing Guidelines do not bind the
Court and that the sentence imposed is within the discretion of the sentencing judge.
If the Court should impose any sentence up to the maximum established by statute,
or should the Court order any or all of the sentences imposed to run consecutively,
Defendant cannot, for that reason alone, withdraw a guilty plea, and will remain
bound to fulfill all of the obligations under this plea agreement.
Rights at Trial

13.

Defendant understands that by entering into this agreement, he

surrenders certain rights as provided in this plea agreement. Defendant understands
that the rights of a defendant include the following:
9

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 10 of 24

(a)

If Defendant persisted in a plea of not guilty to the charges,
defendant would have the right to a speedy jury trial with the
assistance of counsel. The trial may be conducted by a judge
sitting without a jury if Defendant, the United States, and the
court all agree;

(b)

At a trial, the United States would be required to present
witnesses and other evidence against Defendant. Defendant
would have the opportunity to confront those witnesses and his
attorney would be allowed to cross-examine them. In turn,
Defendant could, but would not be required to, present witnesses
and other evidence on his own behalf. If the witnesses for
Defendant would not appear voluntarily, he could require their
attendance through the subpoena power of the court; and

(c)

At a trial, Defendant could rely on a privilege against selfincrimination and decline to testify, and no inference of guilt
could be drawn from such refusal to testify. However, if
Defendant desired to do so, he could testify on his own behalf.
Factual Basis for Guilty Plea

14. Defendant is pleading guilty because he is in fact guilty of the charges
contained in Counts 4, 8, and 22 of the First Superseding Indictment. If this case
were to proceed to trial, the United States could prove each element of the offenses
beyond a reasonable doubt. Defendant agrees that the following statement of facts
fairly and accurately describes Defendant's actions and involvement in the offenses
to which he is pleading guilty. Defendant knowingly, voluntarily, and truthfully
admits the facts set forth in this Plea Agreement.

10

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 11 of 24

In or around January 2013, co-defendant Stephen E. Stockman was sworn into
office as a Member of the United States House of Representatives for Texas's 36th
Congressional District.

From in or around January 2013 until in or around

November 2013, Defendant served as treasurer of Stockman's congressional
campaign committee, Friends of Congressman Steve Stockman.

Additionally,

from in or around January 2013 until in or around November 2013, Defendant was
employed in Stockman's congressional office as director of special projects.
In or around January 2013, Stockman and co-defendant Thomas Dodd told
Defendant that they had solicited and received a $350,000 charitable contribution
from a donor in Chicago, who Defendant subsequently learned was Person B.
Defendant understood that Stockman and Dodd told Person B that the charitable
contribution would be used to fund the "Freedom House," a townhouse in
Washington, D.C., that would serve as a meeting place, dormitory, and training
facility for young people.
In or around February 2013, Stockman directed Defendant and Dodd to funnel
$15,000 of the $350,000 Freedom House charitable contribution into a bank account
for Stockman's congressional campaign. Stockman provided Defendant with the
checkbook for the account "Stephen E. Stockman dba Life Without Limits" and
directed Defendant to write himself a check for $12,500 and Dodd a check for
11

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 12 of 24

$12,000. Stockman further directed Defendant and Dodd to use the funds to each
write the Stockman campaign three $2,500 checks, for a total contribution of$7,500
each, which was the maximum allowable individual contribution under federal law
at the time.
On or about February 10, 2013, at Stockman's direction, Defendant wrote
himself a check for $12,500 and "Dodd & Associates" a check for $12,000 on the
"Stephen E. Stockman dba Life Without Limits" account. Defendant and Dodd
then deposited the checks into their respective personal bank accounts.

As

Stockman had directed, on or about February 11, 2013, Defendant wrote three
$2,500 checks from his personal account to Stockman's campaign, and Dodd wrote
three $2,500 checks from his personal account to Stockman's campaign. Pursuant to
Stockman's instructions, Defendant deposited these contribution checks into
Stockman's campaign bank account. Stockman, Defendant, and Dodd were aware
at the time that their actions were in violation of federal election laws.
To conceal the fact that they had funneled a portion of the Freedom House
charitable donation into Stockman's congressional campaign account, Stockman,
Defendant, and Dodd agreed to falsely report to the FEC that these contributions
were made by Defendant's father and Dodd's mother. On or about April15, 2013,
Defendant and his co-defendants caused the submission of a report to the FEC that
12

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 13 of 24

falsely stated that Defendant's father and Dodd's mother each made $7,500 in
contributions. On or about October 16, 2013, Defendant and his co-defendants
caused the submission of an amended report to the FEC that falsely stated that
Defendant and Dodd made the contributions that were initially attributed to their
parents. This false report was submitted via interstate wire transmission from the
Southern District of Texas to Washington, D.C.
Count 8 - On or about May 13, 2014, Defendant, at Stockman's direction,
knowingly transmitted an email via interstate wire transmission to Person B 's
accountant attaching a letter concerning Person B's $350,000 charitable donation to
Life Without Limits.

The attached letter contained Defendant's name in the

signature block and stated, in part: "With your financial assistance of $350,000 in
February 2013, allowed [sic] Life Without Limits, to deliver medical supplies to
third world nations and support Freedom House." This statement by Defendant was
knowingly false.

As Defendant was then aware, no significant portion of the

$350,000 charitable donation by Person B was used by Life Without Limits to
support the Freedom House.
Count 4 - In or around late 2013, Stockman began making preparations to
seek a political party's

~omination

for election as a United States Senator from the

State of Texas. Stockman's principal strategy for reaching voters was a mass13

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 14 of 24

mailing project involving the distribution of a publication resembling a newspaper
that advocated for Stockman and against Stockman's opponent in the upcoming
Senate primary election.

Knowing that individual contributions to Stockman's

Senate campaign committee were limited under federal election laws to $2,600 per
election, Stockman and Defendant sought to circumvent those limits by soliciting
funds in excess of that amount through fraudulent representations. In order to raise
money for the mass mailing of the "newspapers" to Texas voters, Stockman and
Defendant developed a plan to solicit funds, purportedly to finance an "independent
expenditure" by Center for the American Future, an organization created by
Defendant.
In reality, as Stockman and Defendant were well aware at the time, Center for
the American Future's activities were never intended to be independent of Stockman
or his campaign.

On or about February 18, 2014, relying on knowingly false

representations by Stockman and Defendant that Center for the American Future's
activities would be genuinely independent of Stockman and his campaign, a donor
issued a check for $450,571.65 to fund the purported independent expenditure.
Stockman and Defendant caused this check to be sent by a private and commercial
interstate carrier from a location outside the State of Texas to an address affiliated
with a direct-mail company in the Southern District of Texas.
14

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 15 of 24

Beginning in or around February 2014, and contrary to the representations
made to the donor, Stockman, along with Defendant, personally supervised and
directed the printing and mailing of hundreds of thousands of the pro-Stockman
"newspapers" to Texas voters. Stockman and Defendant knowingly and willfully
used funds from Person B's previous $350,000 charitable donation for the Freedom
House, as well as funds from the $450,571.65 donation for Center for the American
Future's purported independent expenditure, to fund the printing and mailing of the
pro-Stockman "newspapers." In addition, Stockman and Defendant knew at the
time that their coordinated use of these funds to print and mail the pro-Stockman
"newspapers" to Texas voters was a violation of federal election laws.
On or about May 13, 2014, Defendant knowingly signed a false affidavit,
which he caused to be submitted to the Federal Election Commission ("FEC") in
relation to a pending complaint before that agency, with intent to impede and
obstruct an FEC investigation into Stockman's involvement in the printing,
publication, and distribution of the pro-Stockman "newspapers" prior to the Senate
primary election. Defendant stated in his FEC affidavit that the publication and
distribution of the pro-Stockman "newspapers" "were not conducted in cooperation,
consultation, or concert with or at the request or suggestion of Steve Stockman,
Stockman for Senate Campaign ... , or any agent of the Campaign." Defendant
15

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 16 of 24

further stated in his FEC affidavit that "[ n]either Steve Stockman, the Campaign,
nor any agent of the Campaign had any material involvement or substantial
discussions with me, the Center or any other officers or agents of the Center related
to" the publication and distribution of the pro-Stockman "newspapers." Both of
these statements by the Defendant were knowingly false. As Defendant was aware
at the time he made these statements, the publication and distribution of the proStockman "newspapers" was personally supervised and directed by Stockman.
Count 22- Stockman was defeated in the Senate primary election held on or
about March 4, 2014. On or about March 14, 2014, at the direction of Stockman
and Defendant, a direct-mail company refunded approximately $214,718.51 representing the unspent portion of the $450,571.65 contribution- to Center for the
American Future.

On or about March 14, 2014, Stockman and Defendant

knowingly caused the direct-mail company's Amegy Bank check 022304 in the
amount of $214,718.51 to be deposited into Bank of America account xxx7956,
which was held in the name Center for the American Future, Inc. Rather than return
this money to the donor, Stockman and Defendant caused the money to be used to
pay debts associated with Stockman's Senate campaign and to finance personal
expenses.

16

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 17 of 24

The preceding statement of facts is a summary, made for the purpose of
providing the court with a factual basis for Defendant's guilty plea. It does not
include all of the facts known to Defendant concerning criminal activity in which he
and others engaged, nor does it contain all the facts that the United States could
prove in a trial against Defendant or any of his co-conspirators.
Breach of Plea Agreement

15. If Defendant should fail in any way to fulfill completely all of the
obligations under this plea agreement, or should Defendant commit any new
criminal offenses, the United States will be released from its obligations under the
plea agreement, and Defendant's plea and sentence will stand.

If at any time

Defendant retains, conceals, or disposes of assets in violation of this plea agreement,
or if Defendant knowingly withholds evidence or is otherwise not completely
truthful with the United States, then the United States may move the Court to set
aside the guilty plea and reinstate prosecution. Any information and documents that
have been disclosed by Defendant, whether prior to or subsequent to this plea
agreement, and all leads derived therefrom, will be used against defendant in any
prosecution.

17

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 18 of 24

Restitution, Forfeiture, and Fines - Generally

16. This Plea Agreement is being entered into by the United States on the
basis of Defendant's express representation that he will make a full and complete
disclosure of all assets over which he exercises direct or indirect control, or in which
he has any financial interest. Defendant agrees not to dispose of any assets or take
any action that would effect a transfer of property in which he has an interest, unless
Defendant obtains the prior written permission of the United States.
17. Defendant agrees to make complete financial disclosure by truthfully
executing a sworn financial statement (Form OBD-500 or similar form) within 7
days of signing this plea agreement. Defendant agrees to authorize the release of
all financial information requested by the United States, including, but not limited
to, executing authorization forms permitting the United States to obtain tax
information, bank account records, credit histories, and social security information.
Defendant agrees to discuss and answer any questions by the United States relating
to Defendant's complete financial disclosure.
18.

Defendant agrees to take all steps necessary to pass clear title to

forfeitable assets to the United States and to assist fully in the collection of restitution
and fines, including, but not limited to, surrendering title, executing a warranty deed,
signing a consent decree, stipulating to facts regarding the transfer of title and the
18

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 19 of 24

basis for the forfeiture, and signing any other documents necessary to effectuate such
transfer. Defendant also agrees to direct any banks which have custody of his assets
to deliver all funds and records of such assets to the United States.
19. Defendant understands that forfeiture, restitution, and fines are separate
components of sentencing and are separate obligations.
Restitution

20. Defendant agrees to pay full restitution to the victim(s) regardless of the
count(s) of conviction.

Defendant understands and agrees that the Court will

determine the amount of restitution to fully compensate the victim(s). Defendant
agrees that restitution imposed by the Court will be due and payable immediately
and that Defendant will not attempt to avoid or delay payment. Subject to the
provisions of paragraph 6 above, Defendant waives the right to challenge in any
manner, including by direct appeal or in a collateral proceeding, the restitution order
imposed by the Court.
Forfeiture

21.

Defendant stipulates and agrees that the property listed in the First

Superseding Indictment's Notice of Forfeiture (and in any supplemental Notices) is
subject to forfeiture, and Defendant agrees to the forfeiture of that property.

19

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 20 of 24

22. Defendant stipulates and agrees that the factual basis for his guilty plea
supports the forfeiture against him and in favor of the United States, and Defendant
agrees to the imposition of a personal money judgment against him and in favor of
the United States of America as noticed in the First Superseding Indictment. The
parties agree that, at or before sentencing, the Court should determine the exact
amount of the money judgment to be imposed. Defendant stipulates and admits that
one or more of the conditions set forth in Title 21, United States Code, Section
853(p), exists. Defendant agrees to forfeit any of his property, or his interest in
property, up to the value of any unpaid portion of the money judgment, until the
money judgment is fully satisfied.
23. Defendant agrees to waive any and all interest in any asset which is the
subject of a related administrative or judicial forfeiture proceeding, whether criminal
or civil, federal or state.
24.

Defendant consents to the order of forfeiture becoming final as to

Defendant immediately following this guilty plea, pursuant to Federal Rule of
Criminal Procedure 32.2(b)(4)(A).
25. Subject to the provisions of paragraph 6 above, Defendant waives the
right to challenge the forfeiture of property in any manner, including by direct appeal
or in a collateral proceeding.
20

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 21 of 24

Fines

26. Defendant understands that under the Sentencing Guidelines the Court is
permitted to order Defendant to pay a fine that is sufficient to reimburse the
government for the costs of any imprisonment or term of supervised release, if any.
Defendant agrees that any fine imposed by the Court will be due and payable
immediately, and Defendant will not attempt to avoid or delay payment. Subject to
the provisions of paragraph 6 above, Defendant waives the right to challenge the fine
in any manner, including by direct appeal or in a collateral proceeding.
Waiver of Venue

27.

Defendant waives any challenge to venue in the Southern District of

Texas.
Complete Agreement

28.

This written plea agreement, consisting of 24 pages, including the

attached addendum of Defendant and his attorney, constitutes the complete plea
agreement between the United States, Defendant, and Defendant's counsel. No
promises or representations have been made by the United States except as set forth
in writing in this plea agreement. Defendant acknowledges that no threats have
been made against him and that he is pleading guilty freely and voluntarily because
he is guilty.
21

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 22 of 24

29. Any modification of this plea agreement must be in writing and signed
by all parties.
Filed at

rhtvftrvt
hilip H. Hilder
Attorney for Defendant

Subscribed and sworn to before me on

By:

APPROVED:
AnnaLou Tirol

Act~ljlntegrity Section

By:

Ryan J. Ellersick
Robert J. Heberle
Trial Attorneys
Public Integrity Section
Criminal Division
United States Department of Justice
Abe Martinez
By:

Actr&~it)t~tttoml.Meliss Annis
Assistant United States Attorney
Southern District of Texas
22

_......,0«---WJ--'---~---~-'-1____ ,2017.

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 23 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA

v.

CRIMINAL NO. H-17-116S-03

JASON T. POSEY

PLEA AGREEMENT-- ADDENDUM

I have fully explained to Defendant his rights with respect to the pending First
Superseding Indictment. I have reviewed the provisions of the United States
Sentencing Commission's Guidelines Manual and Policy Statements and I have fully
and carefully explained to Defendant the provisions of those Guidelines which may
apply in this case.

I have also explained to Defendant that the Sentencing

Guidelines are only advisory and the court may sentence Defendant up to the
maximum allowed by statute per count of conviction. Further, I have carefully
reviewed every part of this plea agreement with Defendant. To my knowledge,
Defendant's decision to enter into this agreement is an informed and voluntary one.

Phjjfp' H. Hilder
Attorney for Defendant

Date

23

 Case 4:17-cr-00116 Document 89 Filed in TXSD on 10/11/17 Page 24 of 24

I have consulted with my attorney and fully understand all my rights with
respect to the First Superseding Indictment pending against me. My attorney has
fully explained, and I understand, all my rights with respect to the provisions of the
United States Sentencing Commission's Guidelines Manual which may apply in my
case. I have read and carefully reviewed every part of this plea agreement with my
attorney. I understand this agreement and I voluntarily agree to its terms.

Date

24

10- 1/

17