US. Department of Justice

Jessie K. Liu
United States Attorney

 

District of Collm'lbia

 

Judiciary Center
555 Fourth St, N. W.
DC. 20530

October 11, 2018

Preston Burton, Esq.
Benjamin B. Klubes, Esq.
Lauren Randell, Esq.
Counsel for James A. Wolfe
Buckley Sandler LLP

1250 24th Street, NW.
Washington, DC. 20037

Re: United States v. James A. Wolfe
Criminal Case No. (KBJ)

Dear Counsel:

This letter sets forth the full and complete plea offer to your client, James A. Wolfe
(hereinafter referred to as ?your client? or ?defendant?), from the Of?ce of the United States
Attorney for the District of Columbia (hereinafter also referred to as ?the Government? or ?this
Office?). This plea offer expires on October 11, 2018. If your client accepts the terms and
conditions of this offer, please have your client execute this document in the Space provided below.
Upon receipt of the executed document, this letter will become the Plea Agreement (hereinafter
referred to as ?this Agreement?). The terms of the offer are as follows, and specifically include
all terms, including the acknowledgments in paragraph 2:

1. Charges and Statutorv Penalties

Your client agrees to plead guilty to Count Three of the Indictment, charging your client
with False Statements, in violation of 18 U.S.C. 1001(a)(2).

Your client understands that a violation of 18 U.S.C. 1001 carries a maximum
sentence of ?ve (5) years of imprisonment; a maximum ?ne of $250,000, pursuant to 18
U.S.C. 3571(b)(3); a term of supervised release of not more than three (3) years, pursuant
to 18 U.S.C. 3583(b)(2); and an obligation to pay any applicable interest or penalties on
?nes and restitution not timely made.

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In addition, your client agrees to pay a special assessment of $100 per felony conviction to
the Clerk of the United States District Court for the District of Columbia. Your client also
understands that, pursuant to 18 U.S.C. 3572 and 5E1.2 of the United States Sentencing
Commission Guidelines Manual (2018) (hereinafter ?Sentencing Guidelines,? ?Guidelines,? or
the Court may also impose a ?ne that is suf?cient to pay the federal government the
costs of any imprisonment, term of supervised release, and period of probation. Further, your
client understands that, if your client has two or more convictions for a crime of violence or felony
drug offense, your client may be subject to the substantially higher penalties provided for in the .
career-offender statutes and provisions of the Sentencing Guidelines.

2. Factual Stipulations

Your client agrees that the attached ?Statement of Offense? fairly and accurately describes
your client?s actions and involvement in the offense to which your client is pleading guilty. Please
have your client sign and return the Statement of Offense as a written proffer of evidence, along
with this Agreement.

3. Additional Charges

In consideration of your client?s guilty plea to the above offense, your client will not be
further prosecuted criminally by this Of?ce for the conduct set forth in the Indictment. The
Government will request that the Court dismiss the remaining counts of the Indictment in this case
at the time of sentencing.

After the entry of your client?s plea of guilty to the offense identi?ed in paragraph 1 above,
your client will not be charged with any non-violent criminal offense in violation of Federal or
District of Columbia law which was committed within the District of Columbia by your client
prior to the execution of this Agreement and about which this Of?ce was made aware by your
client or counsel prior to the execution of this Agreement. However, the United States expressly
reserves its right to prosecute your client for any crime of violence, as de?ned in 18 U.S.C. 16
and/or 22 DC. Code 4501 if in fact your client committed or commits such a crime of violence
prior to or after the execution of this Agreement.

4. Sentencing Guidelines Analysis

Your client understands that the sentence in this case will be determined by the Court,
pursuant to the factors set forth in 18 U.S.C. 3553(a), including a consideration of the Sentencing
Guidelines. Pursuant to Federal Rule of Criminal Procedure and to assist the Court
in determining the appropriate sentence, the parties agree to the following:

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A. Estimated Offense Level Under the Guidelines
The parties agree that the following Sentencing Guidelines sections apply:
U.S.S.G. 2B1.1 Base Offense Level 6

The Government agrees that a 2?1eve1 reduction will be appropriate, pursuant to U.S.S.G.
3E1. 1, provided that your client clearly demonstrates acceptance of responsibility, to the
satisfaction of the Government, through your client? 3 allocution, adherence to every provision of
this Agreement, and conduct between entry of the plea and imposition of sentence.

Furthermore, nothing in this Agreement limits the right of the Government to seek denial
of the adjustment for acceptance of responsibility, pursuant to U.S.S.G. 3E1 . 1, and/or imposition
of an adjustment for obstruction of justice, pursuant to U.S.S.G. 3C1.1, regardless of any
agreement set forth above, should your client move to withdraw your client?s guilty plea after it is
entered, or should it be determined by the Government that your client has either engaged in
conduct, unknown to the Government at the time of the signing of this Agreement, that constitutes
obstruction of justice, or engaged in additional criminal conduct after signing this Agreement.

In accordance with the above, the Estimated Offense Level will be at least four (4).

B. Estimated Criminal Histogy Category

Based upon the information now available to this Of?ce (including representations by the
defense), your client has no criminal convictions.

Accordingly, your client is estimated to have zero (0) criminal history points and your
client?s Criminal History Category is estimated to be I (the ?Estimated Criminal History
Category?). Your client acknowledges that after the pre-sentence investigation by the United
States Probation Of?ce, a different conclusion regarding your client?s criminal convictions and/or
criminal history points may be reached and your client?s criminal history points may increase or
decrease.

C. Estimated Guidelines Range

Based upon the Estimated Offense Level and the Estimated Criminal History Category set
forth above, your client?s estimated Sentencing Guidelines range is 0 months to 6 months (the
?Estimated Guidelines Range?). In addition, the parties agree that, pursuant to U.S.S.G. 5E1.2,
should the Court impose a ?ne, at Guidelines level 4, the estimated applicable ?ne range is $500
to $9,500. Your client reserves the right to ask the Court not to impose any applicable ?ne.

Your client understands and acknowledges that the Estimated Guidelines Range calculated
above is not binding on the Probation Of?ce or the Court. Should the Court or Probation Of?ce
determine that a guidelines range different ?om the Estimated Guidelines Range is applicable, that
will not be a basis for withdrawal or recission of this Agreement by either party.

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Your client understands and acknowledges that the terms of this section apply only to
conduct that occurred before the execution of this Agreement. Should your client commit any
conduct after the execution of this Agreement that would form the basis for an increase in your
client?s base offense level or justify an upward departure (examples of which include, but are not
limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while
pending sentencing, and false statements to law enforcement agents, the probation of?cer, or the
Court), the Government is free under this Agreement to seek an increase in the base offense level
based on that post-agreement Conduct.

D. Reservation of Allocution

The Government and your client reserve the right to describe fully, both orally and in
writing, to the sentencing judge, the nature and seriousness of your client?s misconduct, including
any misconduct not described in the charges to which your client is pleading guilty. The parties
also reserve the right to inform the presentence report writer and the Court of any relevant facts,
to dispute any factual inaccuracies in the presentence report, and to contest any matters not
provided for in this Agreement. In the event that the Court considers any Sentencing Guidelines
adjustments, departures, or calculations different from those estimated in this Agreement, or
contemplates a sentence outside the Guidelines range based upon the general sentencing factors
listed in 18 U.S.C. 35 53(a), the parties reserve the right to answer any related inquiries ?om the
Court.

In addition, if in this Agreement the parties have agreed to recommend or re?'ain from
recommending to the Court a particular resolution of any sentencing issue, the parties reserve the
right to full allocution in any post-sentence litigation. The parties retain the full right of allocution
in connection with any post-sentence motion which may be ?led in this matter and/or any
proceeding(s) before the Bureau of Prisons. In addition, your client acknowledges that the
Government is not obligated and does not intend to ?le any post-sentence downward departure
motion in this case pursuant to Rule 35 of the Federal Rules of Criminal Procedure.

E. Court Not Bound by this Agreement or the Sentencing Guidelines

Your client understands that the sentence in this case will be imposed in accordance with
18 U.S.C. 3553(a), upon consideration of the Sentencing Guidelines. Your client further
understands that the sentence to be imposed is a matter solely within the discretion of the Court.
Your client acknowledges that the Court is not obligated to follow any recommendation of the
Government at the time of sentencing. Your client understands that neither the Government?s
recommendation nor the Sentencing Guidelines are binding on the Court.

Your client acknowledges that your client?s entry of a guilty plea to the charged offense(s)
authorizes the Court to impose any sentence, up to and including the statutory maximum sentence,
which may be greater than the applicable Guidelines range. The Government cannot, and does
not, make any promise or representation as to what sentence your client will receive. Moreover,
it is understood that your client will have no right to withdraw your client?s plea of guilty should
the Court impose a sentence that is outside the Guidelines range or if the Court does not follow the
Government?s sentencing recommendation. The Government and your client will be bound by

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this Agreement, regardless of the sentence imposed by the Court. Any effort by your client to
withdraw the guilty plea because of the length of the sentence shall constitute a breach of this
Agreement.

5. Conditions of Release

Your client acknowledges that, although the Government will not seek a change in your
client?s release conditions pending sentencing, the ?nal decision regarding your client?s bond
status or detention will be made by the Court at the time of your client?s plea of guilty. The
Government, may move to change your client?s conditions of release, including requesting that
your client be detained pending sentencing, if your client engages in further criminal conduct prior
to sentencing or if the Government obtains information that it did not possess at the time of your
client?s plea of guilty and that is relevant to Whether your client is likely to ?ee or pose a danger
to any person or the community. Your client also agrees that any Violation of your client?s release
conditions or any misconduct by your client may result in the Government ?ling an motion
with the Court requesting that a bench warrant be issued for your client?s arrest and that your client
be detained without bond while pending sentencing in your client?s case.

6. Statute of Limitations

Your client agrees that, should the conviction following your client?s plea of guilty
pursuant to this Agreement be vacated for any reason, any prosecution, based on the conduct set
forth in the attached Statement of Offense, that is not time?barred by the applicable statute of
limitations on the date of the signing of this Agreement (including any counts that the Government
has agreed not to prosecute or to dismiss at sentencing pursuant to this Agreement) may be
commenced or reinstated against your client, notwithstanding the expiration of the statute of
limitations between the signing of this Agreement and the commencement or reinstatement of such
prosecution. It is the intent of this Agreement to waive all defenses based on the statute of
limitations with respect to any prosecution of conduct set forth in the attached Statement of Offense
that is not time-barred on the date that this Agreement is signed.

7. Trial Rights

Your client understands that by pleading guilty in this case your client agrees to waive
certain rights afforded by the Constitution of the United States and/or by statute or rule. Your
client agrees to forego the right to any further discovery or disclosures of information not already
provided at the time of the entry of your client?s guilty plea. Your client also agrees to waive,
among other rights, the right to plead not guilty, and the right to a jury trial. If there were a jury
trial, your client would have the right to be represented by counsel, to confront and cross?examine
witnesses against your client, to challenge the admissibility of evidence offered against your client,
to compel witnesses to appear for the purpose of testifying and presenting other evidence on your
client?s behalf, and to choose whether to testify. If there were a jury trial and your client chose not
to testify at that trial, your client would have the right to have the jury instructed that your client?s
failure to testify could not be held against your client. Your client would further have the right to
have the jury instructed that your client is presumed innocent until proven guilty, and that the
burden would be on the United States to prove your client?s guilt beyond a reasonable doubt. If

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your client were found guilty after a trial, your client would have the right to appeal your client?s
conviction. Your client understands that the i?h Amendment to the Constitution of the United
States protects your client from the use of self?incriminating statements in a criminal prosecution.
By entering a plea of guilty, your client knowingly and voluntarily waives or gives up your client?s
right against self-incrimination.

Your client acknowledges discussing with you Rule 11(t) of the Federal Rules of Criminal
Procedure and Rule 410 of the Federal Rules of Evidence, which ordinarily limit the admissibility
of statements made by a defendant in the course of plea discussions or plea proceedings if a guilty
plea is later withdrawn. Your client knowingly and voluntarily waives the rights that arise under
these rules in the event your client withdraws your client?s guilty plea or withdraws from this
Agreement after signing it.

Your client also agrees to waive all constitutional and statutory rights to a speedy sentence
and agrees that the plea of guilty pursuant to this Agreement will be entered at a time decided upon
by the parties with the concurrence of the Court. Your client understands that the date for
sentencing will be set by the Court. 

8. Appeal Rights

Your client agrees to waive the right to appeal the conviction in this case on any basis
permitted by law, including but not limited to claim(s) that (1) the statute(s) to which your client
is pleading guilty is unconstitutional, and (2) the admitted conduct does not fall within the scope
of the statute(s). Your client understands that federal law, speci?cally 18 U.S.C. 3742, affords
defendants the right to appeal their sentences in certain circumstances. Your client also agrees to
waive the right to appeal the sentence in this case, including but not limited to any term of
imprisonment, ?ne, forfeiture, award of restitution, term or condition of supervised release,
authority of the Court to set conditions of release, and the manner in which the sentence was
determined, except to the extent the Court sentences your client above the statutory maximum. In
agreeing to this waiver, your client is aware that your client?s sentence has yet to be determined
by the Court. Realizing the uncertainty in estimating what sentence the Court ultimately will
impose, your client knowingly and willingly waives your client?s right to appeal the sentence, to
the extent noted above, in exchange for the concessions made by the Government in this
Agreement. Notwithstanding the above agreement to waive the right to appeal the conviction and
sentence, your client retains the right to appeal on the basis of ineffective assistance of counsel,
but not to raise on appeal other issues regarding the conviction or sentence.

9. Collateral Attack

Your client also waives any right to challenge the conviction entered or sentence imposed
under this Agreement or otherwise attempt to modify or change the sentence or the manner in
which it was determined in any collateral attack, including, but not limited to, a motion brought
under 28 U.S.C. 2255 or Federal Rule of Civil Procedure 60(b), except to the extent such a
motion is based on newly discovered evidence or on a claim that your client received ineffective
assistance of counsel. Your client reserves the right to ?le a motion brought under 18 U.S.C.
35 but agrees to waive the right to appeal the denial of such a motion.

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10. Financial Information

In order to facilitate the collection of ?nancial obligations to be imposed in connection
with this prosecution, your client agrees to disclose fully all assets in which your client has any 
interest or over which your client exercises control, directly or indirectly, including those held by
a spouse, nominee or other third party. Your client agrees to submit a completed ?nancial
statement on a standard ?nancial disclosure form which has been provided to you with this
Agreement to the Financial Litigation Unit of the United States Attomey?s Of?ce, as it directs. If
you do not receive the disclosure form, your client agrees to request one from
gov. Your client will complete and electronically provide the standard
?nancial disclosure form to 30 days prior to your client?s
sentencing. Your client agrees to be contacted by the Financial Litigation Unit of the United States
Attomey?s Of?ce, through defense counsel, to complete a ?nancial statement. Upon review, if
there are any follow-up questions, your client agrees to cooperate with the Financial Litigation
Unit. Your client promises that the ?nancial statement and disclosures will be complete, accurate
and truthful, and understands that any willful falsehood on the ?nancial statement could be
prosecuted as a separate crime punishable under 18 U.S.C. 1001 which carries an additional ?ve
years? incarceration and *a ?ne.

Your client expressly authorizes the United States Attorney?s Of?ce to obtain a credit
report on your client in order to evaluate your client?s ability to satisfy any ?nancial obligations
imposed by the Court or agreed to herein.

Your client understands and agrees that the restitution or ?nes imposed by the Court will
be due and payable immediately and subject to immediate enforcement by the United States. If
the Court imposes a schedule of payments, your client understands that the schedule of payments
is merely a minimum schedule of payments and will not be the only method, nor a limitation on
the methods, available to the United States to enforce the criminal judgment, including without
limitation by administrative offset. If your client is sentenced to a term of imprisonment by the
Court, your client agrees to participate in the Bureau of Prisons? Inmate Financial Responsibility
Program, regardless of whether the Court speci?cally imposes a schedule of payments.

Your client certi?es that your client has made no transfer of assets in contemplation of this
prosecution for the purpose of evading or defeating ?nancial obligations that are created by this
Agreement and/or that may be imposed by the Court. In addition, your client promises to make
no such transfers in the future until your client has ful?lled the ?nancial obligations under this
Agreement.

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11. Breach of Agreement

Your client understands and agrees that, if after entering this Agreement, your client fails
speci?cally to perform or to ful?ll completely each and every one of your client?s obligations
under this Agreement, or engages in any criminal activity prior to sentencing, your client will have
breached this Agreement. In the event of such a breach: the Government will be free ?om its
obligations under this Agreement; your client will not have the right to withdraw the guilty
plea; (0) your client will be fully subject to criminal prosecution for any other crimes, including
perjury and obstruction of justice; and the Government will be free to use against your client,
directly and indirectly, in any criminal or civil proceeding, all statementsmade by your client and
any of the information or materials provided by your client, including such statements, information
and materials provided pursuant to this Agreement or during the course of any debrie?ngs
conducted in anticipation of, .or after entry of, this Agreement, Whether or not the debrie?ngs were
previously characterized as ?off-the-recor debrie?ngs, and including your client?s statements
made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal
Procedure. -.

Your client understands and agrees that the Government shall be required to prove a breach
of this Agreement only by a preponderance of the evidence, except where such breach is based on
a violation of federal, state, or local criminal law, which the Government need prove only by
probable cause in order to establish a breach of this Agreement.

Nothing in this Agreement shall be construed to permit your client to commit perjury, to
make false .statements or declarations, to obstruct justice, or to protect your client from prosecution
for any crimes not included within this Agreement or committed by your client after the execution
of this Agreement. Your client understands and agrees that the Government reserves the right to
prosecute your client for any such offenses. Your client further understands that any perjury, false
statements or declarations, or obstruction of ustice relating to your client?s obligations under this
Agreement shall constitute a breach of this Agreement. In the event of such a breach, your client
will not be allowed to withdraw your client?s guilty plea.

12. Complete Agreement

No agreements, promises, understandings, or representations have been made by the parties
or their counsel other than those contained in writing herein, nor Will any such agreements,
promises, understandings, or representations be made unless committed to writing and signed by
your client, defense counsel, and an Assistant United States Attorney for the District of Columbia.

Your client ?irther understands that this Agreement is binding only upon the Criminal and
Superior Court Divisions of the United States Attomey?s Of?ce for the District of Columbia and
the National Security Division of the United States Department of Justice. This Agreement does
not bind the Civil Division of this Of?ce or any other United States Attomey?s Of?ce, nor does it
bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax,
or administrative claim pending or that may be made against your client.

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If the foregoing terms and conditions are satisfactory, your client may so indicate by
signing this Agreement and the Statement of Offense, and returning both to me no later than
October 15, 2018.

Sincerely yours,

  

nited States Attorney
D.C. Bar No. 472845

 

AssiStant US Attorneys

Laura Ingersoll
Special Assistant US. Attorney
National Security Section

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 ACCEPTANCE

I have read every page of this Agreement and have discussed it with my attorneys, Preston
Burton, Benjamin B. Klubes, and Lauren Randell. I fully understand this Agreement and agree to
it without reservation. I do this voluntarily and of my own free will, intending to be legally bound.
No threats have been made to me .nor am I under the in?uence of anything that could impede my
ability to understand this Agreement fully. I am pleading guilty because I am in fact guilty of the
offense(s) identi?ed in this Agreement.

I reaf?rm that absolutely no promises, agreements, understandings, or conditions have
been made or entered into in connection with my decision to plead guilty except those set forth in
this Agreement. I am satis?ed with the legal services provided by my attorneys in connection with
this Agreement and matters related to it. 

Date: 1 2016 
James A. Wolfe 

Defendant

 

ACKNOWLEDGMENT

I have read every page of this Agreement, reviewed this Agreement With my client, James
A. Wolfe, and fully discussed the provisions of this Agreement with my client. These pages
accurately and completely set forth the entire Agreement. I concur in my client?s desire to plead
guilty as set forth in this Agreement.

Date: 

Preston Burton
Benjamin B. Klubes
Lauren Randell
Attorneys for Defendant

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