US. Department of Justice

Jessie K. Liu
United States Attorney

 

District of Columbia

 

Judiciary Center
555 Fourth St, N. W.
Washington, 110. 20530

December 6, 2018

Robert Driscoll, Esq.

Alfred Carry, Esq.

McGlinchey Stafford PLLC
1275 Avenue NW.
Suite 420

Washington, DC. 20004

Re: United States v. Mariia Butina
Criminal Case No. 18-218 (TSC)

Dear Counsel:

This letter sets forth the full and complete plea offer to your client, Mariia Butina
(hereinafter referred to as ?your clien 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
O?ice?). This plea offer expires on December 10, 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 (?this
Agreement?). The terms of the offer are as follows:

1. Charges and Statutory Penalties

Your client agrees to plead guilty to Count 1 in the Indictment, charging your client with
Conspiracy to violate 18 U.S.C. 951, in violation of 18 U.S.C. 371.

Your client understands that a violation of 18 U.S.C. 371 carries a maximum sentence
of 5 years of imprisonment; a ?ne of $250,000 or twice the pecuniary gain or loss of the offense,
pursuant to 18 U.S.C. 3571(b)(3); a term of supervised release of not more than 3 years,
pursuant to 18 U.S.C. 35 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 5131.2 of the United States Sentencing
Commission, Guidelines Manual (2016) (hereinafter ?Sentencing Guidelines,? ?Guidelines,? or
the Court may also impose a fine 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 attached Statement of
Offense. After the entry of your client?s plea of guilty, your client will also not be charged with
any non?violent criminal offense in violation of federal or District of Columbia law that was
committed within the District of Columbia by your client prior to the execution of this
Agreement and about which the United States Attorney?s Of?ce for the District of Columbia was
made aware prior to the execution of this Agreement. The Government will request that the
Court dismiss the remaining count of the Indictment in this case at the time of sentencing. Your
client agrees and acknowledges that the charge to be dismissed at the time of sentencing was
based in fact.

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
applicable guidelines and policies promulgated by the Sentencing Guidelines. Pursuant to
Federal Rule of Criminal Procedure and to assist the Court in determining the
appropriate sentence, the parties submit the following:

A. Estimated Offense Level Under the Guidelines

The parties agree that, per U.S.S.G. 2X1 . the Guideline range for a violation of 18
U.S.C. 371 follows the underlying substantive offense, which in this case is 18 U.S.C. 951.
The parties further agree that the U.S.S.G. does not specify a Guidelines range for a violation of
18 U.S.C. 951.

 

Where the Guidelines do not expressly specify a Guideline range, the Court should
?apply the most analogous guideline. If there is not a sufficient analogous guideline, the
provisions of 18 U.S.C. 3553 shall control, except that any guidelines and policy statements
that can be applied meaningfully in the absence of a Chapter Two offense guideline shall remain
applicable.? U.S.S.G. 2X5.1.

The Government?s position is that there is no suf?ciently analogous guideline for the
underlying substantive offense and that the provisions of 18 U.S.C. 3553 should control
sentencing. See United States v. Alvarez, 506 F. Supp. 2d 1285, 1288 (SD. Fla. 2007).

The defendant submits that the guideline that best captures the defendant?s offense
behavior and guideline that is most analogous for sentencing purposes here is U.S.S.G. .1.
See United States v. Dumaz?sz?, No 06C4165, 2006 WL 2990436, *8 (N .D. 111. Oct. 17, 2006)
(same).

Your client and the government reserve the right to brief the presentence report writer
and Court as to their positions and agree that the Court will decide which, if any, Guideline range
applies. The base offense level for U.S.S.G. is 6. However, your client understands that
the final decision regarding the applicable sentencing guideline and offense level will be made
by the Court.

B. Acceptance of ReSponsibility

As before, the Government?s of?cial position is that there is no suf?ciently analogous
guideline for the underlying substantive offense and that the provisions of 18 U.S.C. 3553
should control sentencing. If the Court ?nds a suf?ciently analogous guideline, however, the
Government agrees that a 2-leve1 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?s allocation, adherence to every provision of this
Agreement, and conduct between entry of the plea and imposition of sentence.

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. SCI .1, regardless of any
agreement set forth herein, should your client move to withdraw her 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 on this Agreement, that constitutes
obstruction of justice, or engaged in additional criminal conduct after signing this Agreement.

Should the Court use U.S.S.G. 2B1.1 in accordance with the above,the applicable
Guidelines Offense Level would be at least 4.

C. Estimated Criminal History Category

Based upon the information now available to this Of?ce, your client has no criminal
convictions.

 

If your client is a known foreign national, U.S.S.G. 4A1.2(h) provides that ?[s]entences
resulting from foreign convictions are not counted, but may be considered under 
(Adequacy of Criminal History Category).?

Accordingly, your client is estimated to have no criminal history points and your client?s
Criminal History Category is estimated to be Category I. Your client acknowledges that after the
pro-sentence investigation by the United States Probation Office, 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.

D. Estimated Applicable Guidelines Range

The Government maintains that there is no sufficiently analogous guideline for the
underlying substantive offense and that the provisions of 18 U.S.C. 3553 should control
sentencing.

However, the defendant submits that the most analOgous guideline for sentencing
purposes here is U.S.S.G. 2B1.1. Your client reserves the right to brief the presentence report
writer and Court on the reasons why. If accepted, the estimated sentencing guideline range for
U.S.S.G. 2131.1 is 0-6 months? imprisonment (the ?Estimated Guidelines Range?). In addition,
should the Court impose a ?ne pursuant to U.S.S.G. .2, at Guidelines level 4, the estimated
applicable ?ne range is $500 to $9,500. The defendant reserves the right to ask the Court not to
impose any applicable ?ne. However, your client understands that the ?nal decision regarding
sentencing and the imposition of any fine will be made by the. Court.

5. Agreement as to Sentencing Allocation

The parties agree that, if the Court ?nds that a Guidelines range applies, a sentence
within the Estimated Guidelines Range would constitute a reasonable sentence in light of all of
the factors set forth in 18 U.S.C. 3553(a), should such a sentence be subject to appellate review
notwithstanding the appeal waiver provided below. Nevertheless, your client reserves the right
to seek a sentence below any Guidelines range ultimately set by the Court based upon factors to
be considered in imposing a sentence pursuant to 18 U.S.C. 3553(a).

6. 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 agreed to and/or
estimated 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), then the parties reserve the right to

 

answer any related inquiries ?om the Court and to allocute for a sentence within the Guidelines
range as ultimately detennined by the Court, even if the Guidelines range ultimately determined
by the Court is different from the Estimated Guidelines Range calculated herein.

In addition, if in this Agreement the Government has agreed to recommend or refrain
from recommending to the Court a particular resolution of any sentencing issue, the Government
and your client reserve the right to full allocation in any post-sentence litigation. The parties
retain the full right of allocation in connection with any post~sentence motion which may he ?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(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. 355 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 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 
SKl.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 offense
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 your client?s or 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 her guilty plea because of the length of the sentence
shall constitute a breach of this Agreement.

8. Conditions of Release
Your client agrees not to object to the Government?s recommendation to the Court at the

time of the plea of guilty in this case that your client be detained without bond pending your
client?s sentencing in this case, pursuant to 18 U.S.C. 3143.

 

9. Waivers
A. 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. Ifthere 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 ?irther 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 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 from the use of self-meriminating
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(f) 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 Government with the concurrence of the Court. Your client also agrees that
the sentencing in this case may be delayed until your client?s cooperation has 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. Your client understands that the date for sentencing will be set by
the Court.

B. Appeal Rights

Your client agrees to waive, insofar as such waiver is permitted by law, the right to
appeal the conviction in this case on any basis, including but not limited to claim(s) that the
statute to which your client is pleading guilty is unconstitutional, and (2) the admitted conduct
does not fall within the scope of the statute. Your client understands that federal law,
speci?cally 18 U.S.C. 3742, a?ords 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 or guidelines range determined by the Court. 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.

C. 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.

D. Witness Fees

Your client further agrees to waive all rights, claims, or interest in any witness fee that
your client may be eligible to receive pursuant to 28 U.S.C. 1821 for your client?s appearance
at any grand jury, witness conference, or court proceeding, during the course of your client?s
cooperation pursuant to this Agreement or any term of your client?s incarceration.

10. Use of Self-Incriminating Information

The Government agrees pursuant to U.S.S.G. that self i-incriminating
information provided by your client pursuant to this Agreement or during the course of
debrie?ngs conducted in anticipation of this Agreement, and about which the Government had
no prior knowledge or insuf?cient proof in the absence of your client?s admissions, will not be
used by the Government at the time of sentencing for the purpose of determining the applicable
guideline range. However, all self-incriminating information provided by your client may be
used for the purposes and in accordance with the terms identi?ed in U.S.S.G. 131 

ll. Cooperation

Your client agrees to cooperate with the Of?ce of the United States Attorney for the
District of Columbia on the following terms and conditions:

Your client shall cooperate fully, truthfully, completely and with this
Of?ce and other Federal, state and local law enforcement authorities identi?ed by this Of?ce in

 

any and all matters as to which the Government 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 refusal by
your client to cooperate fully, truthfully, completely and as directed by this Of?ce
and other Federal, state and local law enforcement authorities identi?ed by this Of?ce in any and
all matters in which the Government deems your client?s assistance relevant will constitute a
breach of this Agreement by your client, and will relieve the Government of its obligations under
this Agreement, including, but not limited to, its obligation to inform this Court and the
Departure Guidelines Committee of the United States Attorney?s Of?ce for the District of
Columbia 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 the Government, 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 future 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, the Government will honor this
request, and this change will have no effect on any other terms and conditions of this Agreement.

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
Government of all of its obligations under this Agreement, including, but not limited to, its
obligation to inform this Court and the Departure Guidelines Committee of the United States
Attorney?s Of?ce for the District of Columbia of any assistance your client has provided.
However, your client 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. -

12. ImmigEation Issues

Your client recognizes that because your client is not a citizen of the United States, your
client?s guilty plea and conviction make it very likely that your client?s deportation from the
United States is presumptively mandatory and that, at a minimum, your client is at risk of being
deported or suffering other adverse immigration consequences. Your client acknowledges
discussing the possible immigration consequences (including deportation) of this guilty plea and
conviction with you. Your client af?rms that your client wants to plead guilty regardless of any
immigration consequences that may result ?cm the guilty plea and conviction, even if those
consequences include deportation from the United States. It is agreed that your client will have
no right to withdraw this guilty plea based on any actual or perceived adverse immigration
consequences (including deportation) resulting from the guilty plea and conviction. It is further
agreed that your client will not challenge your client?s conviction or sentence on direct appeal, or
through litigation under 28 U.S.C 2255 and/or 2241, on the basis of any actual or perceived
adverse immigration consequences (including deportation) resulting ?om your client?s guilty
plea and conviction.

13. Interpreter

Your client agrees that if an interpreter is required to assist your client in translating this
Agreement into your client?s native language, then your client agrees to request the Court,
pursuant to ?The Court Interpreter?s Act,? 28 U.S.C. 1827, to secure the services of a certi?ed
interpreter at the Court?s expense to verbally translate this Agreement and related documents for
your client into your client?s native language. If no such request is made, then your client hereby
declares that your client understands the English language suf?ciently well to read and
understand this Agreement, or that this Agreement has been read to your client in your client?s
native language and that your client therefore understands this Agreement.

14. 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; your client will be fully subj ect to criminal prosecution for any other crimes,
including perjury and obstruction of justice; no motion pursuant to Section 5K1.1 of the
Sentencing Guidelines or 18 U.S.C. 35 53(c) will be ?led or sought; 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 ?off~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 further 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.

15. Government?s Obligations

The Government 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 Departure Guideline
Committee of the United States Attorney?s Of?ce for the District of Columbia will evaluate the
full nature and extent of your client?s cooperation to determine whether your client has provided
substantial assistance in the investigation or prosecution of another person who has committed an
offense. Ifthe Departure Guideline Committee determines that your client has provided-such
substantial assistance, this Of?ce shall ?le a departure motion pursuant to Section 5K1.l of the
Sentencing Guidelines, which would afford 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 5K1.1 of the Sentencing
Guidelines is within the sole discretion of the United States Attorney?s Of?ce for the District of
Columbia and is not reviewable by the Court. In the event your client should fail to perform
speci?cally and ?ll?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 a
departure motion pursuant to Section 5K1.1 of the Sentencing Guidelines.

16. 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.

10

 

Your client further understands that this Agreement is binding only upon the Criminal
and Superior Court Divisions of the United States Attorney?s Of?ce for the District of Columbia.
This Agreement does not bind the Civil Division of this Of?ce or any other United States
Attorney?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 satisfactory, your client may so indicate by
signing this Agreement and the Statement of Offense.

 

Sincerely yours,
ins K. 
kUnited States Attorney

Erik M. Kenerson
Assistant United States Attorney

 

Thomas N. Saunders
Assistant United States Attorney

11

 

 ACCEPTANCE

I have read every page of this Agreement and have discussed it with my attorneys Robert
Driscoll and Al?ed Carry. 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 ?illy. I am pleading guilty because I am in fact guilty of the offense 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 attorney in connection
with this Agreement and matters related to it.

Date: 
Mariia Maria Butina
Defendant

ACKNOWLEDGMENT
I have read every page of this Agreement, reviewed it with my client Mariia Butina, a/k/ a

Maria Butina, 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.

A34 

Robert Driscoll K.
Attorney for Defendant

 

Date: 3? 

t, 
4' cl ??vbu 
Al?/ed Carry f?
Attorney for Defendant

12

 

Ava". - 

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA

Criminal Case: 18-218 (TSC)

MARIIA BUTINA, also known as
MARIA BUTINA,

Defendant.
STATEMENT OF OFFENSE

Pursuant to the Federal Rules of Criminal Procedure 11, the United States and Defendant
Maria Butina (?Butina?) stipulate and agree that the following facts are true and accurate. These
facts do not constitute all facts known to the parties concerning the charged offense and covered
conduct. This statement is being submitted by the parties to demonstrate that suf?cient facts exist
to establish that the defendant committed the offense to which she is pleading guilty.

Statement of Facts

The government?s evidence includes, but is not limited to, the following:

Mariia V. Butina, also known as Maria Butina, is a citizen of the Russian Federation. U.S.
Person 1 is a United States citizen. Beginning no later than March of 2015, Butina and US.
Person I agreed and conspired, with a Russian government of?cial (?Russian Official?) and at
least one other person, for Butina to act in the United States under the direction of Russian Of?cial
without prior noti?cation to the Attorney General. Russian Of?cial has served as the Deputy
Governor to the Russian Central Bank since at least 2015. He previously served as the First Deputy

Chairman of the Federation Council of the Russian Federation. Butina knows Russian Of?cial.

With U.S. Person 1?s assistance and subject to Russian Official?s direction, Butina sought
to establish unof?cial lines of communication with Americans having power and in?uence over
U.S. politics. Butina sought to use those unof?cial lines of communication for the bene?t of the
Russian Federation, acting through Russian Of?cial.

In furtherance of the conspiracy, Butina drafted a proposal in March of 2015 titled
Description of the Diplomacy Project. In it, Butina downplayed the possibility of in?uencing U.S.
foreign policy toward Russia through of?cial channels, criticizing government unwillingness to
compromise. As an alternative, Butina suggested that Russia could use unof?cial channels of
communication to the same end. Butina then cast herself as a possible unof?cial transmitter of
communications between Russia and the United States. Further, Butina opined that the
circumstances were favorable for building relations with a certain U.S. political party (hereafter,
?Political Party Butina predicted that the candidate nominated by Political Party #1 would
likely win the upcoming U.S. presidential election. Pointing to her recent travel to the United
States, her experience, and her attendance at conferences organized by a certain U.S. civil society
gun rights organization (hereafter, ?Gun Rights Organization?), which Butina posited had
in?uence over Political Party Butina stated she had laid the groundwork for an unof?cial
channel of communication with the next U.S. administration. For example, Butina listed actions
she had already taken, including being introduced to leaders of Political Party #1 as an unof?cial
representative of Russian Of?cial. She also identified in her proposal a series of upcoming
conferences associated with Political Party #1 that she could attend to further the goal.

The Description of the Diplomacy Project was drafted by Butina with U.S. Person 1?s
assistance. U.S. Person 1 assisted with the proposal by providing Butina with information about

prominent U.S. political ?gures and a forecast of the upcoming presidential election. U.S. Person 1

also assisted by providing information about Vladimir Pozner, a Russian media commentator who,
as described in the proposal, had served as the ?unof?cial transmitter? of the policies of Mikhail
Gorbachev and Boris Yeltsin in the United States. Butina sent a Google?translated version of the
proposal to US. Person 1 once drafted and asked for US. Person l?s advice on it, which he agreed
to provide.

Butina sent the proposal to Russian Of?cial and others. As part of the proposal, she
requested $125,000 from a Russian billionaire to attend the conferences identi?ed in the proposal
and ?separate meetings with interested parties? including other Russian businessmen or persons
at the Russian Ministry of Foreign Affairs (the to help ?determine where the focus of
Russian interests lies [sic] in cooperating with the Butina informed U.S. Person 1 that she
was meeting with Russian Of?cial and others about the proposal. Russian Of?cial informed Butina
that her proposal would be supported, at least in part.

Without prior noti?cation to the Attorney General, Butina then took steps to achieve the
object of her agreement with US. Person 1. For example, in April of 2015, Butina travelled to the
United States to attend a Gun Rights Organization convention. There, Butina highlighted her
experience as a gun rights advocate in Russia to gain the attention of the Gun Rights Organization
and its members. She was introduced to in?uential members of Political Party one of Whom
announced his campaign to run for the presidency of the United States shortly thereafter.

Butina also invited powerful members of the Gun Rights Organization to Moscow to
advance her agenda. Before they arrived, U.S. Person 1 provided Butina with background
information on the invitees, including his assessment on their degree of political in?uence in the
United States. The members came to Moscow in December of 2015. During the trip, the Gun

Rights Organization members met with high-level Russian government of?cials as arranged by

Russian Of?cial. Prior to the visit, Butina stressed the importance of a political program as part of
the trip and asked Russian Of?cial to set up meetings with high-level Russian politicians. After
their visit, Butina sent Russian Of?cial a message in Russian, referring to members of the Gun
Rights Organization, which has been variously translated as saying, ?We should let them express
their gratitude now, we will put pressure on them quietly later,? and ?We should allow them to
express their gratitude now, and then quietly press.?

Butina also assisted a wealthy and well-connected U.S. person in hosting multiple, large
?friendship dinners? Where other wealthy and in?uential Americans discussed U.S.?Russian
relations. Butina used these ?friendship dinners? to cultivate lines of communications with
individuals she believed would have the ear of the next U.S. presidential administration. At these
dinners, Butina was able to meet individuals with political capital, learn their thoughts and
inclinations toward Russia, gauge their reaponses to her, and adjust her pitch accordingly. In March
of 2016 prior to the ?rst of these dinners, Butina told Russian Of?cial about potential American
attendees to one of the dinners, based on information Butina obtained from U.S. Person 1.
Following that message, she emailed the wealthy, connected U.S. person, copying U.S. Person 1,
to say ?[Russian Of?cial] is very impressed by you and expresses his great appreciation for what
you are doing to restore the relations between the two countries. He also wants you to know that
Russians will support the efforts from our side.?

In June of 2016, Butina received an F-l student visa to enter the United States.1 In
connection with her application, Butina did not disclose that she would be acting as an agent of a
foreign government of?cial or otherwise would be working to establish channels of

communication between Russian and American government of?cials.

 

1 All available evidence indicates that Butina had interest in a graduate school education.

4

Also in furtherance of the conspiracy, Butina helped Russian Of?cial organize a Russian
delegation to the 2017 National Prayer Breakfast in Washington, DC. Russian Of?cial directed
Butina to include certain people within the delegation and Butina complied with his instructions.
Butina then emailed that list of delegation invitees to U.S. Person 1. Butina explained that the
people on the list had been ?hand-picked by [Russian Of?cial] and me? and that they were ?coming
to establish a back channel of communication.? Later, U.S. Person I emailed another person,
copying Butina, to say ?Reaction to the delegation?s presence in America will be relayed
(emphasis in original) to the Russian President and Foreign Minister.

Throughout the conspiracy, Butina wrote notes to Russian Of?cial about her efforts and
her assessment of the political landscape in the United States in advance of the 2016 election.
Butina wrote some of these notes in response to speci?c requests from Russian Of?cial. Others
she wrote on her own. Butina also sought Russian Of?cial?s advice on whether to take meetings
with certain people. She asked him for direction on whether the Russian ?government? was ready
to meet with some of those people, and he asked her what she planned to do with her ?contacts,?
lest she and Russian Of?cial be forgotten after the election.

Butina was aware that Russian Of?cial sometimes acted in consultation with the MFA, in
addition to his superiors at the Russian Central Bank. For example, in May of 2016, Russian
Of?cial tasked Butina with writing him a note to explain Why he should be permitted to travel to
the United States to attend the annual Gun Rights Organization meeting. She did as he directed,
encouraging his attendance partly because of the opportunity to meet political candidates. Butina
knew that Russian Of?cial would share this note with his superiors at the Russian Central Bank
and MFA to support a request that Russian Of?cial be sent to the annual Gun Rights Organization

meeting. In November of 2016, in response to a note from Butina about how to create a dialogue

with the then President-elect?s advisors, Russian Of?cial told her that he did not believe the MFA
would ?go for it.?

Butina failed to notify the US. Attorney General that she would be acting in the United
States as an agent of a foreign government of?cial, as required by 18 U.S.C. 951. At no time
relevant to this proffer was Butina a duly accredited diplomatic or consular of?cer; an of?cially
and publicly acknowledged and sponsored of?cial or representative of the Russian Federation; or
an of?cially and publicly acknowledged and sponsored staff member, employee, or representative
thereof.

Finally, if this case had proceeded to trial, the government would have shown that Butina

took one or more actions in furtherance of the conspiracy from within the District of Columbia.

 ACKNOWLEDGMENT

The preceding statement is a summary made for the purpose of providing the Court with a
factual basis for my guilty plea to the charge against me. I make this statement knowingly and
voluntarily, and I stipulate and agree that this Statement of Offense concerning my actions is true
and accurate. I have read every page of this Statement of Offense and have discussed it with my
attorneys Robert Driscoll and Alfred Carry. I am fully satis?ed with the legal services provided to
me in connection with this plea. No threats have been made to me nor am I under the in?uence of
anything that could impede my ability to understand this Statement of Offense ?illy.

. (-
Date: H. 8 . 9270/3 EEVQT)
Mariia?ifirfaj?a/k/a Maria Butina

Defendant

ACKNOWLEDGMENT

I have read this Statement of Offense and have reviewed it with my client fully. I concur
in my client? 3 desire to adopt and stipulate to this Statement of Offense as true and accurate.

Date: 4%

Kobert Driscoll
Attorney for Defendant

I
Date: filQlZ 1.4, 
Alfred Carry 
Attorney for Defendant