Case Document 10 Filed 02/12/18 Page 1 of 10 US. Department ofJustice The Special Counsel ?3 Office FILED FEB 122018? - - US. District an Ciggiikruptc?l Courts Washington, D. C. 20530 February 2, 2018 Jeremy Ian Lessern, Esq. Attorney for Richard Pinedo 4515 Sherman Oaks Ave Sherman Oaks, CA 91403 (1K 11+ Re: United States v. Richard Pinedo Dear Counsel: This letter sets forth the full and complete plea offer to your client, Richard Pinedo (hereinafter referred to as ?your client? or ?defendant?), iiom the Special Counsel?s Of?ce (hereinafter also referred to as ?the Government? or?this Of?ce?). 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: 1. Charges and Statutog Penalties Your client agrees to plead guilty to the attached Criminal Information, charging your client with identity fraud, in Violation of 18 U.S.C. 1028(a)(7), Your client understands that a violation of 18 U.S.C. 1028(a)(7) carries a maximum sentence of 15 years? imprisonment; a ?ne of $250,000, pursuant to 18 U.S.C. ?357l(b)(3); a term of supervised release of not more than 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. 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 Guidelines, Guidelines Manual (2016) (hereina?er ?Sentencing Guidelines,? ?Guidelines,? or the Court may also impose a ?ne that is su?icient to pay the federal government the costs of any imprisonment, term of supervised release, and period of probation. 2. Factual Stipulations Your client agrees that the attached ?Statement of the Oifense? ?irly and accurately descnbes 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 the Offense as a written pro?er of evidence, along with this Agreement. Page 1 of 10 Case Document 10 Filed 02/12/18 Page 2 of 10 3. Additional Charges In consideration of your client?s guilty plea to the above offense, your client will not be ?rrther prosecuted crimimlly by the Of?ce for the conduct set forth in the attached Statement of the Offense. 4. Sentew? Guidelines Analysis Your client understands that the sentence in this case will be determined by the Court, pursuant to the factors set forth "n 18U.S.C. 3553(a), including aconsideration of the applicable guidelines and policies set forth in the Sentencing Guilelines. Pursuant to Federal Rule of Crim'mal Procedure and to asset the Court in determining the appropriate sentence, the parties agree to the following: A. Estimated Offense LevelUnder the Guidelines ?the parties agree tint the following Sentenc'ng Guidelines sections apply: U.S.S.G. Base O??ense Level: 6 WW U.S.S.G. Gain between $40,000 $60,000 +6 231.1m.s.s.o. onense Outside the United Stateer-t-i? 12 . lo ?Went The? Enhancement: +2mm level 121 17 Leg-,1 it _'llotal(minhnum level) 16 671/ B. Acceptance of Responsibility u. a "aw-av" ?lhe Governrremt agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G. 3E1.1, provided that your client clearly demonstrates acceptance of responsibility, to the sa?sfactbn of the Government, througr your client?s allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. Furthermore, assuming your client has accepted responsibility as deserted it the previous sentence, the Government agrees that an additioml l-level reduction will be appropriate, pursuant to U.S.S.G because your client has assisted authorities by providing timely notice of your client?s intention to enter aplea of guilty, thereby permitting the Goverrnnent to avoid preparing liar trial and permitting the Court to allocate its resources el?ciently. 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. 3Cl.l, regardless of any agreement set forth above, should your client move to withdraw your client?s guilty plea alter it is entered, or should i be determined by the Govemment 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 crirnirel conduct after signing th'n Agreement. In accordance with the above, the applicable Guidelines Offense Level will be at least 13. Page 2 of 10 Case Document 10 Filed 02/12/18 Page 3 of 10 C. Estimated Criminal History Category Based upon the information now available to this O?ice, your client has no criminal convictions. Accordingly, your client is estimated to have zero criminal history points and your client?s Criminal History Category is estimated to be 1. Your client acknowledges that if additional convictions are discovered during the pre-sentence investigation by the United States Probation O?ice, your client?s criminal history points may increase. D. Estimated Applicable Guidelines Range Based upon the agreed total o?ense level and the estimated criminal history category set forth above, your client?s estimated Sentencing Guidelines range is twelve months to eighteen months? imprisonment (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 13, the estimated applicable ?ne range is $5,500 to $55,000. Your client reserves the right to ask the Court not to impose any applicable ?ne. The parties agree that, solely for the purposes of calculating the applicable range under the Sentencing Guidelines, neither a downward nor upward departure from the Estimated Guidelines Range set forth above is warranted, subject to the paragraphs regarding cooperation below. Accordingly, neither party will seek any departure or adjustment to the Estimated Guidelines Range, nor will either party suggest that the Court consider such adeparture or adjustment, except as provided in the preceding sentence. Moreover, your client understands and acknowledges that the Estimated Guidelines Range agreed to by the parties is not binding on the Probation Of?ce or the Court. Should the Court determine that adifferent guidelines range is applicable, your client will not be permitted to withdraw his guilty plea on that basis, and the Government and your client will still be bound by this Agreement. 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 o??ense 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. 5. Agreement as to Sentencing Allocution Based upon the information known to the Government at the time of the signing of this Agreement, the parties further agree that a sentence within the Estimated Guidelines Range would constitute a reasonable sentence in light of all of the ?ctors set forth in 18 U.S.C. 3553(a), should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. Page 3 of 10 Case Document 10 Filed 02/12/18 Page 4 of 10 6. Reservation of Allocation The Government and your client reserve the right to describe ?illy, 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 {actual 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 any agreements contained in this Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing factors listed in 18 U.S.C. 3553(a), the parties reserve the right to answer any related inquiries from the Court. In addition, if in this Agreement the parties have agreed to recommend or re?'ain ?om 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 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 currently does not intend to ?le any post-sentence downward departure motion in this case pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure. 7. 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 ?irther 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 or to grant a downward departure based on your client?s substantial assistance to the Government, even if the Government ?les a motion pursuant to Section 5Kl.l of the Sentencing Guidelines. 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 o?ense 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 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. 8. C003 ration Your client agrees to cooperate with this Of?ce on the following terms and conditions: Page 4 of 10 Case Document 10 Filed 02/12/18 Page 5 of 10 Your client shall cooperate ?illy, truthfully, completely, and with this O?ice and other Federal, state, and local law enforcement authorities identi?ed by this O?ice in any and all matters as to which this O?ice deems the cooperation relevant. Your client acknowledges that your client?s cooperation may include, but will not necessarily be limited to: answering questions; providing sworn written statements; taking government-administered polygraph examination(s); and participating in covert Law enforcement activities. Any re?lsal by your client to cooperate fully, truthfully, completely, and as directed by this O?ice and other Federal, state, and local law enforcement authorities identi?ed by this O?ice in any and all matters in which this O?ice deems your client?s assistance relevant will constitute a breach of this Agreement by your client, and will relieve this Of?ce of its obligations under this Agreement, including, but not limited to, its obligation to inform this Court of any assistance your client has provided. Your client agrees, however, that such breach by your client will not constitute a basis for withdrawal of your client?s plea of guilty or otherwise relieve your client of your client?s obligations under this Agreement. Your client shall turn over to this Of?ce, or other law enforcement authorities, or direct such law enforcement authorities to, any and all evidence of crimes about which your client is aware; all contraband and proceeds of such crimes; and all assets traceable to the proceeds of such crimes. Your client agrees to the forfeiture of all assets which are proceeds of crimes or traceable to such proceeds of crimes. Your client shall submit a full and complete accounting of all your client?s ?nancial assets, whether such assets are in your client?s name or in the name of a third party. Your client acknowledges and understands that, during the course of the cooperation outlined in this Agreement, your client will be interviewed by law enforcement agents and/or Government attorneys. Your client waives any right to have counsel present during these interviews and agrees to meet with law enforcement agents and Government attorneys outside of the presence of counsel If; at some ?iture point, you or your client desire to have counsel present during interviews by law enforcement agents and/or Government attorneys, and you communicate this decision in writing to this Of?ce, this Of?ce will honor this request, and this change will have no e?ect on any other terms and conditions of this Agreement. (6) Your client shall testify fully, completely and truthfully before any and all Grand Juries in the District of Columbia and elsewhere, and at any and all trials of cases or other court proceedings in the District of Columbia and elsewhere, at which your client?s testimony may be deemed relevant by the Government. Your client understands and acknowledges that nothing in this Agreement allows your client to commit any criminal violation of local, state or federal law during the period of your client?s cooperation with law enforcement authorities or at any time prior to the sentencing in this case. The commission of a criminal offense during the period of your client?s cooperation or at any time prior to sentencing will constitute a breach of this Agreement and will relieve the Govemment of all of its obligations under this Agreement, including, but not limited to, its obligation to inform this Court of any assistance your client has provided. However, your client Page 5 of 10 Case Document 10 Filed 02/12/18 Page 6 of 10 acknowledges and agrees that such a breach of this Agreement will not entitle your client to withdraw your client?s plea of guilty or relieve your client of the obligations under this Agreement. Your client agrees that the sentencing in this case may be delayed until your client?s e?'orts to cooperate have been completed, as determined by the Government, so that the Court will have the bene?t of all relevant information before a sentence is imposed. 9. Waivers A. Venue Your client waives any challenge to and consents to venue in the District of Columbia. B. 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 the 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 the Offense that is not time-barred on the date that this Agreement is signed. C. 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 forgo 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 be indicted by a Grand Jury, 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 admiss1bility 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 areasonable doubt. If 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 Fifth Amendment to the Constitution of the United States protects your client ?om the use of compelled self-incriminating statements in a criminal prosecution. By entering a plea of guilty, your client Page 6 of 10 Case Document 10 Filed 02/12/18 Page 7 of 10 knowingly and voluntarily waives or gives up your client?s right against compelled self- incrimination. Your client acknowledges discussing with you Rule 11(i) of the Federal Rules of Criminal Procedure and Rule 4100f the Federal Rules of Evidence, which ordinarily limit the admiss?oility 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 atirne 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. D. Appeal Rights 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 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 or guidelines range determined by the Court or your client claims that your client received ineffective assistance of counsel, in which case your client would have the right to appeal the illegal sentence or above? guidelines sentence or raise on appeal a claim of assistance of counsel, but not to raise on appeal other issues regarding the sentencing. 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. E. 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. 3582(c)(2), but agrees to waive the right to appeal the denial of such a motion. F. Privacy Act and FOIA Rights Your client also agrees to waive 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 Page 7 of 10 Case Document 10 Filed 02/12/18 Page 8 of 10 the investigation or prosecution of this case, including and without limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a, for the duration of the Special Counsel?s investigation 10. Restitution Your client understands that the Court has an obligation to determine whether, and in what amount, mandatory restitution applies in this case under 18 U.S.C. The Government and your client agree that mandatory restitution does not apply in this case. 11. Breach ongreemem Your client understands and agrees that, if after entering this Agreement, your client fails speci?cally to perform or to ?ll?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 ?ee ?'om its obligations under this Agreement; your client will not have the right to withdraw the guilty plea; your client will be ?illy 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 statements made 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 ?otf?the-record? 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 ?rrther understands that any perjury, false statements or declarations, or obstruction of justice 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. Government?s Obligations The Govemment will bring to the Court?s attention at the time of sentencing the nature and extent of your client?s cooperation or lack of cooperation. The Government will evaluate the full nature and extent of your client?s cooperation to determine whether your client has provided Page 8 of 10 Case Document 10 Filed 02/12/18 Page 9 of 10 substantial assistance in the investigation or prosecution of another person who has committed an offense. If the Government determines that your client has provided such substantial assistance, this O?ice shall ?le adeparture motion pursuant to Section 5Kl.1 of the Sentencing Guidelines, which would a??ord your client an opportunity to persuade the Court that your client should be sentenced to a lesser period of incarceration and/or ?ne than indicated by the Sentencing Guidelines. The determination of whether your client has provided substantial assistance warranting the ?ling of a motion pursuant to Section 5Kl.l of the Sentencing Guidelines is within the sole discretion of the Government and is not reviewable by the Court. In the event your client should fail to perform speci?cally and ?il?ll completely each and every one of your client?s obligations under this Agreement, the Government will be free from its obligations under this Agreement, and will have no obligation to present your client?s case to the Departure Guideline Committee or ?le adeparture motion pursuant to Section 5Kl.l of the Sentencing Guidelines. 13. Com lete reement 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 the Special Counsel?s O?ice. Your client ?irther understands that this Agreement is binding only upon the Special Counsel?s Of?ce. This Agreement does not bind 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. If the foregoing terms and conditions are satisiactory, your client may so indicate by signing this Agreement and the Statement of the Olfense, and returning both to me no later than February 7, 2018. Sincerely yours, ROBERT S. MUELLER, 111 Special Counsel Je nnie S. Rhee nior Assistant Special Counsel L. Rush Atkinson Ryan K. Dickey Assistant Special Counsels The Special Counsel?s O?ice Page 9 of 10' Case Document 10 Filed 02/12/18 Page 10 of 19__ DEFENDANTS ACCEIANCE Jeremy IanIessem I??lymderstand thisAg'eement andagreetnitwitlmt reservation. Idothis vehmrily andofmy own??eew?l, mbelegally bound. Nothreats have beenlmdeto menoramImdermein?uence ofanything ?mt could impede my ability tomderstand this Agreermnt ?rlly. lampleeding guilty becauselamin fact guilty oflheo?nse identi?ed inthis AW I reaf?rm that absohrtely no promises, agreements, tmderstandings, or coalitions have beenlmde orentered into incomection withny dec'sion toplead guilty except those set?rrth in this Agreement. Iamsatis?d with thelegal services provided heomection with this'Agxeement related toiL Date: (32/02/13 ?litrg?m edo Defendant Ihave readevery page ofthis Agreement, reviewed this Agreement with my client, Pinedo, and My d'scussed the provisions of this Agreement with my client. These pages accurately and completely set the entire Agreement. Iconcur in my client?s desire to plead guilty as set?mh in?ris Agreement Date: gm JeremyIanIessem Attorney Defendant Page 10 oflO