Case Document 3 Filed 04/02/18 Page 1 of 8 PageID 13 IN THE UNITED STATES DISTRICT COURT - FOR THE NORTHERN DISTRICT OF TEXASS 31:; DALLAS DIVISION UNITED STATES OF AMERICA gt? NO. RICKY DALE SORRELLS 3 q. 1 6 PLEA AGREEMENT Ricky Dale SOrrells, the defendant, Barbare, the defendant?s attorney, and the United States of America (the government) agree as follows: 1. Rights of the defendant: The defendant understands that the defendant has the rights: a. to have. his case presented to a federal grand jury; b. to plead not guilty; c. to have a trial by jury; d. to have the defendant?s guilt proven beyond a reasonable doubt; e. to confront and cross-examine Witnesses and to call Witnesses in the defendant?s defense; and f. against Compelled self-incrimination. 2. Waiver of rights and plea of guilty: The defendant waives these rights and pleads guilty to the offense alleged in Count One of the Information, charging a Violation of 18 U.S.C. 1349, that is, conspiracy to commit honest services Wire fraud. The defendant understands the nature and elements of the crime to which the defendant is Plea Agreementhage 1 Case 3:18-cr-00169-N Document 3 Filed 04/02/18 Page 2 of 8 PageID 14 pleading guilty, and agrees that the factual resume the defendant has signed is true and will be submitted as evidence. 3. Sentence: The maximum penalties the Court can impose include: a. imprisonment for a period not to exceed twenty yearsexceed $250,000, or twice any pecuniary gain to the defendant or loss to the victim(s); c. a term of supervised release of not more than three years, which will follow any term of imprisonment. If the defendant violates the conditions of supervised release, the defendant could be imprisoned for the entire term of supervised release; (1. a mandatory special assessment of $100; e. restitution to victims or to the community, which is mandatory under the law, and which the defendant agrees may include restitution arising from all relevant conduct, not limited to that arising from the offense of conviction alone; f. costs of incarceration and supervision; and g. forfeiture of property. 4. Sentencing agreement: Pursuant to Federal Rule of Criminal Procedure the parties agree that the appropriate term of imprisonment in this case is one that does not exceed ten years or 120 months? imprisonment. If the Court accepts this plea agreement, this sentencing provision is binding on the Court. Other than the agreed maximum term of imprisonment, there are no other sentencing limitations, and the Court remains free to determine the appropriate sentence under the advisory United States Sentencing Guidelines and 18 U.S.C. 3553. Plea Agreement?Page 2 Case Document 3 Filed 04/02/18 Page 3 of 8 PageID 15 5. Rejection of agreement: Pursuant to Federal Rule of Criminal Procedure if the Court rejects this plea agreement, the defendant will be allowed to withdraw the defendant?s guilty plea. If the defendant declines to withdraw the defendant?s guilty plea, the disposition of the case may be less favorable than that contemplated by the plea agreement. 6. Mandatory special assessment: Priorto sentencing, the defendant agrees to pay to the US. District Clerk the amount of $100 in satisfaction of the mandatory special assessment in this case. 7. Defendant?s agreement: The defendant shall give complete and truthful information and/or testimony concerning the defendant?s participation in the offense of conviction. Upon demand, the defendant shall submit a personal ?nancial statement under oath and submit to interviews by the government and the US. Probation Of?ce regarding the defendant?s capacity to satisfy any ?nes or restitution. The defendant expressly authorizes the United States Attorney?s Of?ce to immediately Iobtain a credit report on the defendant in order to evaluate the defendant?s ability to satisfy any ?nancial obligation imposed by the Court. The defendant fully understands that any ?nancial obligation imposed by the Court, including a restitution order and/ or the implementation of a ?ne, is due and payable immediately. In the event the Court imposes a schedule for payment of restitution, the defendant agrees that such a schedule represents a minimum payment obligation and does not preclude the US. Attorney?s Of?ce from pursuing any other means by which to satisfy the defendant?s full and immediately enforceable ?nancial obligation. The defendant understands that the defendant has a continuing Plea Agreement?Page 3 Case 3:18-cr-00169-N Document 3 Filed 04/02/18 Page 4 of 8 PageID 16 obligation to pay in full as soon as possible any ?nancial obligation imposed by the Court. 8. Forfeiture of property: The defendant agrees not to contest, challenge, or appeal in any way the administrative or judicial (civil or criminal) forfeiture to the United States of any pr0perty noted as subject to forfeiture pursuant to the plea of guilty, speci?cally the forfeiture of the following: 0 $8,633.51 in United States currency seized from the account ending in X5221 on March 6, 2017; 0 $3,659.01 in United States currency seized from the account ending in X1665 on March 5, 2017; 2014 Maserati GPH, Vehicle Identi?cation Number ZAM57RTAOE1 1 1223 8, titled to Ricky Dale Sorrells; - 2012 Porsche Cayenne, Vehicle Identi?cation Number titled to Ricky Dale Sorrells; 0 Assorted jewelry purchased from Windsor Auction House, Inc. on or about April 5, 2013 in the amount of $49,662.93; and Custom-made 14K gold bracelet set with 51 princess cut diamonds weighing 10.53 carats with a grade of SI 1 purchased for $16,400 on May 21, 2015. The defendant agrees that this property is subject to forfeiture under 18 USC 981(a)(1)(C) 28 USC. 2461(c). The defendant consents to entry of any orders or declarations of forfeiture regarding such property and waives any requirements (including notice of forfeiture) set out in 19 USC. 1607-1609; 18 USC. 981, 983, and 985; the Code of Federal Regulations; and Rules 11 and 32.2 of the Federal Rules of Criminal Procedure. The defendant agrees to provide truthful information and evidence necessary Plea Agreement?Page 4 Case 3:18-cr-00169-N Document 3 Filed 04/02/18 Page 5 of 8 PageID 17 for the government to forfeit such property. The defendant agrees to hold the government, its officers, agents, and employees harmless from any claim whatsoever in connection with the seizure, forfeiture, storage, or disposal of such property. 9. Government's agreement: The government will not bring any additional charges against the defendant based upon the conduct underlying and related to the defendant's plea of guilty. The government will file a Supplement in this case, as is routinely done in every case, even though there may or may not be any additional terms. This agreement is limited to the United States Attorney's Office for the Northern District of Texas and does not bind any other federal, state, or local prosecuting authorities, nor does it prohibit any civil or administrative proceeding against the defendant or any property. 10. Violation of agreement: The defendant understands that if the defendant violates any provision of this agreement, or if the defendant's guilty plea is vacated or withdrawn, the government will be free from any obligations of the agreement and free to prosecute the defendant for all offenses of which it has knowledge. In such event, the defendant waives any objections based upon delay in prosecution. If the plea is vacated or withdrawn for any reason other than a finding that it was involuntary, the defendant also waives objection to the use against the defendant of any information or statements the defendant has provided to the government, and any resulting leads. 11. Voluntary plea: This plea of guilty is freely and voluntarily made and is not the result of force or threats, or of promises apart from those set forth in this plea Plea Agreement-Page 5 Case Document 3 Filed 04/02/18 Page 6 of 8 PageID 18 agreement. There have been no guarantees or promises from anyone as to What sentence the Court will impose. 12. Waiver of right to appeal or otherwise challenge sentence: The defendant waives the defendant?s rights, conferred by 28 U.S.C. 1291 and 18 U.S.C. 3742, to appeal the conviction, sentence, ?ne and order of restitution or forfeiture in an amount to be determined by the district court. The defendant further waives the defendant?s right to contest the conviction, sentence, ?ne and order of restitution or forfeiture in any collateral proceeding, including proceedings under 28 U.S.C. 2241 and 28 U.S.C. 2255. The defendant further waives the defendant?s right to seek any future reduction in the defendant?s sentence based on a change in sentencing guidelines or statutory law). The defendant, however, reserves the rights to bring a direct appeal of a sentence exceeding the statutory maximum punishment, or (ii) an arithmetic error at sentencing, to challenge the voluntariness of the defendant?s plea of guilty or this waiver, and to bring a claim of ineffective assistance of counsel. I 13. Representation of counsel: The defendant has thoroughly reviewed all legal and factual aspects of this case with the defendant?s attorney and is fully satis?ed with that attorney?s legal representation, The defendant has received from the a defendant?s attorney explanations satisfactory to the defendant concerning each paragraph of this plea agreement, each of the defendant?s rights affected by this agreement, and the alternatives available to the defendant other than entering into this agreement. Because the defendant concedes that the defendant is guilty, and after conferring with the defendant?s attorney, the defendant has concluded that it is in the Plea Agreement?Page 6 Case Document 3 Filed 04/02/18 Page 7 of 8 PageID 19 defendant?s best interest to enter into this plea agreement and all its terms, rather than to proceed to trial in this case. 14. Entirety of agreement: This document is a complete statement of the parties? agreement and may not be modi?ed unless the modi?cation is in writing and signed by all parties. This agreement supersedes any and all other promises, representations, understandings, and agreements that are or were made between the parties at any time before the guilty plea is entered in court. No promises or representations have been made by the United States except as set forth in writing in this plea agreement. AGREED TO AND SIGNED this ?ay of MM ,2012? . ERIN NEALY COX UNITED STATES ATTORNEY Te 5 Bar No. 24052287 1100 Commerce Street, Third Floor Dallas, Texas 75242-1699 Tel: (214) 659-8600 Fax: (214) 659-8809 Email: andrew.wirmani@usdoj. gov STEVETFAHEY Criminal Chief Plea Agreement?Page 7 Case Document 3 Filed 04/02/18 Page 8 of 8 PageID 20 I have read or had read to me this plea agreement and have carefully reviewed every part of it with my attorney. I fully understand it and voluntarily agree to it. mane/{AMA RICKY DALE SORRELIS Date Defendant I am the defendant?s attorney. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge and belief, my client?s decision to enter into this plea agreement is an informed and voluntary one. BARBARE Date Attorney for Defendant Plea Agreement?Page 8