Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 1 of 9 PageID #: 70 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA NORTERN DIVISION cR 19-10013 UNITED STATES OF AMERICA, Plaintiff, PLEA AGREEMENT VS CANDACE CROW GHOST, Defendant. The Defendant, the Defendant's attorney, and the United States Attorney for the District of South Dakota hereby submit the following Plea Agreement to the United States District Court, which Agreement was reached pursuant to discussions between the United States Attorney and the Defendant's attorney. The Agreement is as follows: A. ACKNO1ryLEDGMENT AND WAIVER OF RIGHTS AND UNDERSTANDING OF MAXIMUM PENALTIES: The Defendant agrees that she has been fully advised of her statutory and constitutional rights herein, and that she has been informed of the charges and allegations against her and the penalty therefor, and that she understands the same. The Defendant further agrees that she understands that by entering a plea of guilty as set forth hereafter, she 1 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 2 of 9 PageID #: 71 will be waiving certain statutory and constitutional rights to which she is otherwise entitled. B. PLEA PLEA AGREEMENT PROCEDURE - NO RIGHT TO WITHDRAW IF COURT REIECTS RECOMMENDATION: The United States and the Defendant agree that this Plea Agreement is presented to the Court pursuant to Rules 11(c)(1)(A) and (B) of the Federal Rules of Criminal Procedure, which, among other things, authorize the United States to move for dismissal of other charges and to make recommendations or agree not to oppose the Defendant's request for a particular sentence. Such agreements and recommendations are not binding on the Court, and the Defendant may not withdraw her plea of guilty if the Court rejects them. C. PLEA OF GUILTY TO CHARGE AND DISMISSAL OF OTHER CHARGE: The Defendant will plead guiity to Count II of the Indictment filed in this case which charges Theft by an Establishment in violation of 18 U.S.C. Employee of an Indian Gaming S 1168(b). The charge carries a maximum sentence of 20 years in prison, a $1,000,000 llne, or both, and a period of supervised release of 3 years. If the Defendant is found by a preponderance of evidence to have violated a condition of supervised release, she may be incarcerated for an additional term of up to 2 years on any such revocation. There is also a $100 assessment to the Victims' Assistance Fund. Restitution may also be ordered. 2 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 3 of 9 PageID #: 72 Upon acceptance of the plea by the Court and the imposition of sentence, this section shall be treated as a motion to dismiss the remaining count in the Indictment as it pertains to the Defendant pursuant to the terms of this plea agreement. D. VIOLATION OF TERMS AND CONDITIONS: The Defendant acknowledges and understands agreement, engages that if she violates the terms of this plea in any further criminal activity, or fails to appear for sentencing, this plea agreement shall become voidable at the discretion of the United States and the Defendant will face the following consequences: (1) A11 testimony and other information the Defendant has provided at any time to attorneys, employees, or law enforcement officers of the United States, to the Court, or to the federal grand jury may and will be used against her in any prosecution or proceeding. (2) The United States will be entitled to reinstate previously dismissed charges andf or plrrsue additional charges against the Defendant, and to use any information obtained directly or indirectly from her in those additional prosecutions. (3) The United States will be released from any obligations, agreements, or restrictions imposed upon it under this plea agreement. E. ACCEPTANCE OF RESPONSIBILITY: The United States agrees that based upon the information known to it at this time, the Defendant is entitied to 3 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 4 of 9 PageID #: 73 a two-level decrease in her offense 1evel pursuant to U.S.S.G. $ 3E1.1(a), provided no evidence is disclosed in the presentence report which indicates the Defendant has not demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct, and further provided she: (i) complies with the terms of this plea agreement; (2) testifies truthfully during the change of plea hearing; (3) participates truthfully with the Probation Office in the presentence investigation; (4) does not violate any conditions of pretrial detention or release after she signs this agreement; and (5) continues to exhibit conduct consistent with acceptance of responsibility. Both the United States and the Defendant otherwise reserve the right to present evidence and make argument regarding sentencing. F. TIMELY ACCEFTANCE OF RESPONSIBILITY: The United States agrees that the Defendant has timely notified authorities of her intention to enter a plea of guilty thereby permitting the United States and the Court to allocate their resources efficiently. Therefore, if the offense levei determined prior to the operation of U.S.S.G. S 3E 1. 1(a) is level 16 or greater and the Defendant qualilies for a two-1eve1 decrease under U.S.S.G. $ 3E1. i(a), this provision at the sentencing hearing as a motion pursuant to decrease the offense G. 1eve1 sha11 be treated U.S.S.G. $ 3E 1. 1(b) to by one additional level. GOVERNMENT'S RECOMMENDATION REGARDING SENTENCE - WITHIN THE GUIDELINE RANGE: The Defendant and the United States 4 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 5 of 9 PageID #: 74 understand and agree that the Court will determine the applicable Guideline range after reviewing the presentence report and considering any evidence or arguments submitted at the sentencing hearing. The United States agrees that it will recommend that the Court impose a sentence of imprisonment within the applicable Guideline range. The Defendant understands that any recommendation made by her or the United States is not binding on the Court. The Defendant further understands that she may not withdraw her plea of guilty if the Court rejects any recommendation. The United States reserves the right to present evidence and argument as to what it believes the applicable Guideline range should be and to respond to any request for a sentence below the applicable Guideline range. For the purposes of this agreement, the "applicable Guideline range" is the range found by the Court by reference to the Sentencing Table at U.S.S.G. $ 5A based on the Defendant's total offense level and criminal history before adjustments, if any, are made based on a downward departure, an 18 U.S.C. $ 3553(e) sentencing factor, or other variance. H. SPECIAL ASSESSMENT: The Defendant agrees to remit to the U.S. Clerk of Cottrt,225 S. Pierre Street, Pierre, SD 57501, no later than two weeks prior to sentencing, a certified or cashier's check payable to the "U.S. Clerk of Court" in the amount of $100, in to 18 U.S.C. fu11 satisfaction of the statutory costs pursuant S 3013. 5 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 6 of 9 PageID #: 75 I. RESTITUTION - AGREEMENT TO PAY: The Defendant hereby agrees to make restitution to the Grand River Casino for improper use of her authority as marketing director in an amount of $5,300.83, in joint and severa-l liability with others involved in the fraudulent scheme which formed the basis of the Indictment, pursuant to 18 U.S.C. J. SS MONETARY OBLIGATIONS 3663 and 3663A. - DEFENDANT'S ONGOING DUTY: The Defendant agrees, if requested by the United States, to promptly return an executed Authorization to Release Financial Records executed Authorization to Release Tax Returns and Attachments, current and Documents, an earnings statements, copies of his W-2s and an executed Financial Statement. The Defendant understands that this is an ongoing duty which begins upon execution of this plea agreement and continues until such time as payment of any financial obligation is remitted in fuli. The Defendant agrees to assist the United States in identifying, locating, returning, and transferring assets for use in payment of any financial obligations imposed as part of the sentence in this case. The Defendant expressly authorizes the United States Attorney's Office to obtain credit reports on him/her prior to judgment. The Defendant also agrees that if he is incarcerated, he will participate in the Bureau of Prisons' Inmate Financial Responsibility Program during any period of incarceration in order to pay any financial obligations ordered by the 6 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 7 of 9 PageID #: 76 Court. The Defendant's agreement to participate in the Inmate Financial Responsibility Program does not limit the United States' right to pursue collection from other available sources. If there is no period of incarceration ordered, the Defendant agrees that payment of any financial obligations ordered by the Court shall be a condition of probation. K. RESERVING THE RIGHT TO REBUT OR CLARIFY MITIGATION INFORMATION: The United States reserves the right to rebut or clarify matters set forth in the presentence investigation report, or raised by the Defendant in mitigation of her sentence, with evidence and argument. L. BASIS FOR PLEA OF GUILTY: The Defendant agrees that the statement of facts, signed by the parties and incorporated herein by this reference, provides the basis for her guilty plea in this case, and is a true and accurate statement of her actions or omissions with regard to the charges to which she is entering a plea, and that the Court may rely thereon in determining the basis for her plea of guilty as provided for in this plea agreement. M. WAMR OF SPEEDY TRIAL: The Defendant agrees to waive any rights to a speedy trial under either the United States constitution or the Speedy Trial Act. This waiver is necessary so that the Court will have the benefit of all relevant information at sentencing. N. PARTIES BOUND: It is further understood and agreed that this agreement is limited to the United States Attorney's Office for the District of 7 Case 1:19-cr-10013-CBK Document 32 Filed 08/07/19 Page 8 of 9 PageID #: 77 South Dakota, and that this agreement cannot and does not bind other federal, state, or 1oca1 O. prosecuting authorities. SCOPE OF AGREEMENT: This agreement shal1 include any attachments, exhibits or supplements designated by the parties. It is further understood and agreed that no additional promises, agreements, or conditions have been entered into other than those set forth in this agreement, and this agreement supersedes any earlier or other understanding or agreement. P. WAMR OF DEFENSES AND APPEAL RIGHTS: The Defendant hereby waives all defenses and her right to appeal any non-jurisdictional issues. The parties agree that excluded from this waiver is the Defendant's right to appeal any decision by the Court to depart upward pursuant to the sentencing guidelines as well as the length of her sentence for a determination of its substantive reasonableness should the Court impose an upward departure or an upward variance pursuant to 18 U.S.C. S 3553(a). SUPPLEMENT TO PLEA AGREEMENT The United States will fi1e a Supplement to Plea Agreement which is required to be hled in every case in compliance with the Court's Standing Order. B Case 1.197cr710013rCBK Document 32 Filed 08/07/19 Page 9 of 9 PageID 78 RONALD A. PARSONS, JR. United States Attorney (jg/n 247 Date Troy Assi (ant Un' States Attorney APPROVED: RONALD AV PARSONS, JR. United States Attorney By: M. MAHER i Supervlsory Assistant United States Attumcy 7 [47, 1M Date Candace Crow Ghost Defendant 1 ,7 6/ I Li 1' Date Randall Turner Attorney for Defendant