DOC 28 Filed 01/02/374 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, CRIMINAL NO. 17-20662 vs. HON. DAVID M. LAWSON OFFENSE: 18 U.S.C. 371 D-l CELIA WASHINGTON, . MAXIMUM PENALTIES: Up to 5 Years Imprisonment Defendant. Up to $250,000 ?ne Supervised Release: 3 years RULE 11 PLEA AGREEMENT Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant CELIA WASHINGTON and the government agree as follows: 1. Guilty Plea A. Count of Conviction The defendant will enter a plea of guilty to Count One of the Indictment, which charges her with conspiracy to violate 18 U.S.C. 666, in Violation of 18 U.S.C. 371 and 666(a). B. Elements of Offense The following are the elements of the crime of conspiracy to Violate 18 U.S.C. 666: Doc 28 Filed 01/02/Defendant agreed with at least one other person to commit the crime of federal program bribery; 2. Defendant joined the conspiracy knowing of its object and intending to help accomplish the object; and 3. A member of the conspiracy committed at least one overt act in furtherance of the conspiracy. 4. The following are the elements of the crime of federal program bribery: a) Defendant, an agent of a local government, corruptly accepted or agreed to accept something of value; b) Defendant did so with the intent to be in?uenced or rewarded in connection with a business, transaction or series of transactions with that local government; c) The business, transaction or series of transactions involved something of value of $5,000 or more; and d) The local government received $10,000 or more in federal assistance in a one-year period before or after the time of the offense. C. Factual Basis for Guilty Plea The following facts are a sufficient and accurate basis for defendant?s guilty plea: {Chi/I .f June 2017, the defendant was an agent of the City of Detroit, Michigan, in that she was employed as a legal advisor to the Chief of the Detroit Police Department, with the title of Deputy Chief of Police. Part of the defendant?s job responsibilities included providing advice to the officer in the Detroit Police Department who was acting as the liaison to private towing companies. Doc 28 Filed 01/02/'20\ 6' WK In approximately February 20-1-6: an owner of multiple towing companies (the ?owner?), which held towing permits in the City of Detroit, met with the defendant. During the meeting, the owner gave the defendant approximately $3,000 to $4,000 in cash in an envelope. The defendant accepted the envelope from the owner. The defendant knew that one of the reasons that the owner was giving the defendant this money was to in?uence and reward the defendant in connection with the police department?s consideration of the distribution of permits to towing companies. The owner hOped that the defendant would provide official assistance in securing a favorable rotation of towing companies for the owner. The defendant maintains that she accepted the money from the owner as a loan, which she intended to pay back. Defendant further maintains that when she accepted the money from the owner, she never intended to assist the towing owner with his rotationsthe time, a single towing rotation in the City OfD/Ctl?oit was worth well in of$5,000 in calendar year 20) exec? 9.0V) In the calendar year 20-1-6, the City of Detroit received in excess of 10,000 in federal assistance. 2. Sentencing Guidelines A. Standard of Proof The Court will find sentencing factors by a preponderance of the evidence. DOC 28 Filed 01/02/Agreed Guideline Range There are no sentencing guideline disputes. Except as provided below, the parties recommend that the defendant?s guideline range is 18-24 months, as set forth on the attached worksheets. The defendant is free to seek a sentence of probation at the time of sentencing. If the Court ?nds: 1. That defendant?s criminal history category is higher than re?ected on the attached worksheets, or 2. that the offense level should be higher because, a?er pleading guilty, defendant made any false statement to or withheld information from . her probation of?cer; otherwise demonstrated a lack of acceptance of responsibility for her offense; or obstructed justice or committed any crime, and if any such ?nding results in a guideline range higher than 18-24 months, the higher guideline range becomes the agreed range. However, if the Court ?nds that defendant is a career offender, an armed career criminal, or a repeat and dangerous sex offender as de?ned under the sentencing guidelines or other federal law, and that ?nding is not already re?ected in the attached worksheets, this paragraph does not authorize a corresponding increase in the agreed range. Doc 28 Filed 01/02/378 Neither party may take a position concerning the applicable guidelines that is different than any position of that party as re?ected in the attached worksheets, except as necessary to the Court?s determination regarding subsections 1) and 2), above. 3. Sentence The Court will impose a sentence pursuant to 18 U.S.C. 3553, and in doing so must consider the sentencing guideline range. A. Imprisonment Pursuant to Federal Rule of Criminal Procedure the sentence of imprisonment in this case may not exceed the top of the sentencing guideline range as determined by Paragraph 2B. B. Supervised Release A term of supervised release follows the term of imprisonment. The Court must impose a term of supervised release, which in this case is up to three years. The agreement concerning imprisonment described above in Paragraph 3A does not apply to any term of imprisonment that results from any later revocation of supervised release. C. Special Assessment The defendant will pay a special assessment of $100 at the time of sentencing. Doc 28 Filed 01/02/Fine The parties agree that the ?ne will be no more than the maximum amount of $250,000. E. Restitution The Court shall order restitution to every identi?able victim of the defendant?s offense. 4. Defendant?s Law License The government agrees not to take any position concerning the defendant?s law license before the state bar of Michigan Attorney Grievance Commission or any other body of the state bar. I 5. Other Charges If the Court accepts this agreement, the government will not bring any additional charges based on defendant?s conduct described in this agreement. At the time of sentencing, the government agrees to dismiss Count Two of the indictment. 6. Each Party?s Right to Withdraw from This Agreement The government may withdraw from this agreement if the Court ?nds the correct guideline range to be different than is determined by Paragraph-2B. Defendant may withdraw from this agreement, and may withdraw her guilty plea, if the Court decides to impose a sentence higher than the maximum allowed by Part 3. This is the only reason for which defendant may withdraw from this Doc 28 Filed 01/02/380 agreement. The Court shall advise defendant that if she does not withdraw her guilty plea under this circumstance, the Court may impose a sentence greater than the maximum allowed by Part 3. 7. Appeal Waiver If the sentence imposed falls within the guideline range recommended by defendant in Paragraph 2B, above, defendant waives any right to appeal her conviction. Defendant retains her right to directly appeal the Court?s adverse determination of any disputed sentencing issue that was raised at or before the sentencing hearing. The government agrees not to appeal any sentence within the guideline range it has recommended in Paragraph 2B, but retains the right to appeal any determination by the Court to apply a lower range or to impose a sentence below the guideline range that is unreasonable. 8. Consequences of Withdrawal of Guilty Plea or Vacation of Conviction If defendant is allowed to withdraw her guilty plea or if any conviction entered pursuant to this agreement is vacated, the Court shall, on the govemment?s request, reinstate any charges that were dismissed as part of this agreement. If additiOnal charges are ?led against defendant within six months after the date the order vacating defendant's conviction or allowing her to withdraw her guilty plea becomes ?nal, which charges relate directly or indirectly to the conduct underlying the guilty plea or to any conduct re?ected in the attached worksheets, defendant waives her right to Doc 28 Filed 01/02/381 challenge the additional charges on the ground that they were not ?led in a timely manner, including any claim that they were ?led after the limitations period expired. 9. Parties to Plea Agreement Unless otherwise indicated, this agreement does not bind any government agency except the United States Attomey?s Of?ce for the Eastern District of Michigan. 10. Scope of Plea Agreement This agreement, which includes all documents that it explicitly incorporates, is the complete agreement between the parties. This agreement supersedes all other promises, representations, understandings and agreements between the parties concerning the subject matter of this plea agreement that were made at any time before the guilty plea is entered in court. Thus, no oral or written promises made by the government to defendant or to the attorney for the defendant at any time before defendant pleads guilty are binding except to the extent they have been explicitly incorporated into this agreement. Notwithstanding the previous paragraph, if defendant has entered into. a proffer agreement in writing or a cooperation agreement in writing with the government, this plea agreement does not supersede or abrogate the terms of any such prior written agreement. Doc 28 Filed 01/02/382 This agreement also does not prevent any civil or administrative actions against defendant, or any forfeiture claim against any prOperty, by the United States or any other party. 11. Acceptance of Agreement by Defendant This plea offer expires unless it has been received, fully signed, in the Of?ce of the United States Attorney by 5:00 P.M. on January 3, 2018. The government reserves the right to modify or revoke this offer at any time before defendant pleads guilty. DANIEL L. LEMISCH Actin_ I ted States Attorney R. MICHAEL Assistant United States Attorney Assistant United States Attorney Chief, Public Corruption Unit Dated: January 2, 2018 By signing below, defendant acknowledges that she has read (or been read) this entire document, understands it, and agrees to its terms. She also acknowledges that she is satis?ed with her attorney?s advice and representation. Defendant agrees that she has had a full and complete opportunity to confer with her lawyer, and has had all of her questions answered by her lawyer. AM E. REED CELIA WASHINGTON Attorney for Defendant Defendant a" 2 2 #8 Dated Dated -9- Doc 28 Filed 01/02/383 Defendant: Celia Washington Count: One Docket No.: Statute(s): 18 U.S.C. 371 and 666(8). WORKSHEET A (Offense Levels) Complete one Worksheet A for each count of conviction (taking into account relevant conduct and treating each stipulated offense as a separate count of conviction) before applying the multiple-count rules in U.S.S.G. ch. 3, pt. D. However, in any case involving multiple counts of conviction, if the counts of conviction are all ?closely related? to each other within the meaning complete only a single Worksheet A. 1. BASE OFFENSE LEVEL AND SPECIFIC OFFENSE CHARACTERISTICS (U.S.S.G. ch. 2) Guideline Section Description Levels Base Offense Level 14 Offense involved public official in a high-level decision? - making and/or sensitive position. 4 2. ADJUSTMENTS (U.S.S.G. ch. 3, pts. A, B, C) Guideline Section Descrip tion Levels A-l DOC 28 Filed 01/02/384 Defendant: Celia Washington Count: One Docket No.: 17-CR-20662 Statute(s): 18 use. 371 and 666(a) 3. ADJUSTED OFFENSE LEVEL Enter the sum of the offense levels entered in Items 1 and 2. If this Worksheet A does not cover every count of conviction (taking into account relevant conduct and treating 18 each stipulated offense as a separate count of conviction), complete one or more additional Worksheets A and a single Worksheet B. If this is the only Worksheet A, check this boic and skip Worksheet B. If the defendant has no criminal history, check this box and skip Worksheet C. A-2 Doc 28 Filed 01/02/385 Defendant: Celia Washington Count: One Docket No.: Statute(s): 18 U.S.C. ??371 and 666(a) (Guideline Range} . 1. (COMBINED) ADJUSTED OFFENSE LEVEL Enter the adjusted offense level entered in Item 3 of Worksheet A or the i combined adjusted offense level entered in item 8 of Worksheet B. 18? 2. ADJUSTMENT FOR ACCEPTANCE OF RESPONSIBILITY (U .S.S.G. 3E1.1) . 3. TOTAL OFFENSE LEVEL Enter the difference between Items 1 and 2. 15 4. CRIMINAL HISTORY CATEGORY Enter if the defendant has no criminal history. Otherwise, enter the criminal history category entered in Item 6 of Worksheet C. I 5. CAREER CAREER. SEX OFFENDER (U.S.S.G. ch. 4, pt. B) a. Total Offense, Level: If the career offender provision (U .S.S.G. 4B1.1), the criminal livelihood provision (U.S.S.G. 4B1.3), the armed career criminal provision (U.S.S.G. 4B1.4), or the dangerous sex offender provision (U.S.S.G. results in a total offense level higher than the total offense level entered in Item 3, enter the higher offense level total. Criminal History Category: If the career Offender provision (U.S.S.G. 4B1.1), the armed career criminal provision (U.S.S.G. 4B1.4), or A the dangerOus sex offender provision (U.S.S.G. results in a criminal history category higher than the criminal history category entered in Item 4, enter the higher criminal history category. 6. GUIDELINE RANGE FROM SENTENCING TABLE (U.S.S.G. CH. 5, PT. A) Enter the guideline range in the Sentencing Table (see U.S.S.G. .ch. 5, pt. A) produced by 18-24 the total Offense level entered in Item 3 or 5.a and the criminal history category entered in Item 4 or 5.b. months D-l Doc 28 Filed 01/02/386 Defendant: Celia Washington Count: One - . . Docket No.: 18 U.S.C. 371 and 666(a) 7. STATUTORY RESTRICTIONS ON OR SUPERSESSION OF GUIDELINE RANGE If the maximum sentence authorized by statute is below, or a minimum sentence required by statute is above, the guideline range entered in Item 6, enter either the guideline range as restriCted by statute or the sentence required by statute. (See U.S.S.G. 5G1.1.) If the sentence on any count of conviction is required by statute to be consecutive to the sentence on any other count of conviction, explain why. months DOC 28 Filed 01/02/387 Defendant: Celia Washington Count: One Docket No.: 17-CR-20662 Statute(s): 18 U. S. C. 371 and 666(a) WORKSHEET (Authorized Guideline Sentences) 1. PROBATION a. Imposition of a Term of Probation (U.S.S.G. SE 1.1) 1. Probation is not authorized by the guidelines (minimum of guideline range 2 10 months or statute of conviction is a Class A or a Class felony). If this box is checked, go to Item 2 (Split Sentence). 2. Probation is authorized by the guidelines (minimum of guideline range zero months). 3. Probation lS authorized by the guidelines, provided the court imposes a condition or combination of conditions requiring intermittent con?nement, community con?nement, or home detention satisfying the minimum of the guideline range (minimum of guideline range 0 months but 9 months). b. Lengh of Term of Probatlon (U. S. S. G. 5B1.2) 1. At least 1 year but not more than 5 years (total offense level 2 6) 2. No more than 3 years (total offense level 6). c. Conditions of Probation (U .S.S.G. 5B1.3) 2. SPLIT SENTENCE (U. S. S. G. a. A split sentence is not authorized (minimum of guideline range? 0 months or 15 months). b. A split sentence is authorized (minimum of guideline range 0 months but 12 monthS). The court may impose a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community con?nement or hOme detention for imprisonment, provided that at least one-half of the minimum of the guidelinerange is satis?ed by imprisonment (if the minimum of the guideline range is 10 or 12 months), or that at least one month is satis?ed by imprisonment (if the minimum of the guideline range months). The authorized length of the term of supervised release is set forth below in Item 4b. 3. IMPRISONMENT (U.S.S.G. CH. 5, PT. C) A term- of imprisonment is authorized by" the guidelines if it is ,within the applicable guideline range (entered'in Item 6 of Worksheet D). (See U.S.S.G. 5C1.1.) Doc 28 Filed 01/02/388 Defendant; Celia Washington Countzl One Docket No.: 17-CR-20662 Statute(s): 18 U.S.C. 371 and 666(3) 4. SUPERVISED RELEASE (U ch 5., pt. D) a. Imposition of a Term of SUpervised Release (U.S.S.G. 5D1.1) The court must impose a term of supervised release if it imposes a term of imprisonment of more than one year, or if it is required to do so by statute. The court may impose a term of supervised release if it imposes a term of imprisonment of one year or less. b. Length of Term of Supervised Release (least 2 years but not more than 5 years, where the count of conviction is a Class A or a Class felony, an offense carrying a maximum term of imprisonment. 25 years. X1 2. At least 1 year but not more than 3 years, where the count of conviction is a Class or a Class felony, an offense carrying a maximum term of imprisonment 5 years but 25 years. 3. 1 year, where the count of conviction is a Class felony or a Class A misdemeanor, an offense carrying a maximum term of imprisonment 6 months but 5 years. The statute of conviction requires a minimum term of supervised release of years. c. Conditions of Supervised Release (U.S.S.G. The court must impose certain conditions of supervised release and may impose other conditions of supervised release. 5. RESTITUTION (U.S.S.G. 5111.1) The court must order full restitution to the victim(s) of the offense(s) of conviction. (See 18 U.S.C. 3556, 3663A, 3664.) The court will determine who the victims are and their restitution amounts. 2. The court must order full restitution to the victim(s) of the offense(s) of conviction. (See 18 U.S.C. 3556, 3663A, 3664) The parties agree that full restitution is . I E-2 Doc 28 Filed 01/02/389 Defendant: Celia Washington Count: One Docket No.: Statute(s): 18 U.S.C. 371 and 666(3) 3. The parties agree that the court may order restitution to the victim(s) of the offense(s) of conviction in any amount 'up to and including A . (See 18 U.S.C. 3663(a)(3), 3664.) 4. The parties agree that the court may also order restitutionto persons other than the victim(s) of the offense(s) of conviction in any amount up to and including - . (See 18 U.S.C. 3664.) 5 Restitution is not applicable. 6. FINE (U.S.S.G. 5E1.2) a. Fines for Individual Defendants The court must impose a ?ne' unless ?the defendant establishes that he [or she] is unable to? pay and is not likely to become able to pay any (See U.S.S.G. Generally, the ?ne authorized by the guidelines is limited to the range established in the Fine Table. (See U.S.S.G. However, there are exceptions to this general rule. (See U.S.S.G. Fine Ran from Fine Table .S.S.G. 5E1.2 3 Minimum Fine Maximum Fine $7,500 $75,000 E-3 Doc 28 Filed 01/02/390 Defendant: Celia Washington Count: "One Docket No.: VCR-20662 Statute(s): 18 U.S.C. 371 and 666(a) 7. SPECIAL (U.S.S.G. 5E1.3) The court must impose a special assessment on every count 'of conviction. The special assessments for individual defendants are: $100.00 for every count charging a felony ($400 for a corporation), . I $25. 00 for every count charging a Class A misdemeanor ($125 for a corporation), I $10. 00 for every count charging a Class misdemeanor ($50 for a corporation), and 00 for every count charging a Class misdemeanor or an infraction ($25 for a corporation). - The defendant must pay a special assessment or Special assessments in the total amount of $1 00 . 8. Fomnunn (U.S.S.G. 5E1.4) Assets of the defendant will be Assets of the defendant will not be forfeited. forfeited. 9. ADDITIONAL APPLICABLE GUIDELINES, POLICY STATEMENTS, AND STATUTES List any additional applicable guideline, policy statement, or statute. 10. UPWARD OR DOWNWARD DEPARTURE (U.S.S.G. ch. 5, pts. K) List any applicable aggravating or mitigating circumstance that might support a term of imprisonment above or below the applicable guideline range. (Rev. April 2014) 13-4