Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
v.
ANDREW HARRIS

:
:

CRIMINAL NO. 19-412-01

:

GOVERNMENT'S PLEA MEMORANDUM
I.

INTRODUCTION/BACKGROUND
On July 16, 2019, an information was filed charging the defendant, in Count One,

with accessing, and aiding and abetting the accessing of, a computer without authorization to
obtain information from a protected computer, in violation of 18 U.S.C. § 1030(a)(2)(C); and in
Count Two, with attempting to access a computer without authorization or exceeding authorized
access to obtain information from any department of the United States, in violation of 18 U.S.C.
§ 1030(a)(2)(B) and (b), arising from the defendant using someone else’s username to access a
school computer, and attempting to obtain the tax returns of Donald Trump, without permission,
from the Internal Revenue Service. The defendant will tender a plea of guilty to the information
on September 5, 2019. The defendant has entered into a written plea agreement with the
government, and the signed original will be filed with the Court during the Rule 11 colloquy.

1

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 2 of 10

II.

TERMS OF PLEA AGREEMENT
The plea agreement in this case has been reduced to writing and the signed

originals will be filed with the Court during the Rule 11 colloquy. The plea agreement, a copy of
which is attached, can be summarized in pertinent part as follows:
1.

The defendant agrees to plead guilty to Counts One and Two of the

information, arising from his using the username A.S., without that person’s permission, to
access a school computer, and then attempting to obtain the tax returns of a taxpayer, without
authorization, from the Internal Revenue Service..
2.

At the time of sentencing, the government will make whatever

sentencing recommendation it deems appropriate.
3.

Pursuant to §6B1.4 of the Sentencing Guidelines, the parties enter

into the following stipulation: The parties agree and stipulate that, as of the date of this
agreement, the defendant has demonstrated acceptance of responsibility for his offenses, making
the defendant eligible for a 2-level downward adjustment under USSG ' 3E1.1(a).
4.

The defendant voluntarily and expressly waives all his rights to

appeal or collaterally attack his conviction, sentence or any matter relating to this prosecution
unless the government appeals, his sentence exceeds the statutory maximum, the sentencing
judge erroneously departs upward from the otherwise applicable sentencing guideline range, or
the sentencing judge imposes an upward variance above the final Sentencing Guideline range
determined by the Court. Notwithstanding this waiver, the defendant may file a petition for
collateral relief under 28 U.S.C. § 2255 but may only raise a claim that the attorney who
2

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 3 of 10

represented him at the time of the execution of the guilty plea agreement and the entry of his
guilty plea in court provided constitutionally ineffective assistance.
5.

The defendant agrees that the information provided under any off-

the-record proffer letter may be used by the government to establish the factual basis for the
guilty plea in this case.
No other promises, agreements or conditions have been entered into other than
those set forth in the plea agreement.
III.

STATUTORY MAXIMUM PENALTY
The defendant understands, agrees, and has had explained to him by counsel that

the Court may impose the following statutory maximum sentences: Count One (accessing a
computer without authorization or exceeding authorized access to obtain information from a
protected computer): 1 year of imprisonment, a 1-year period of supervised release, a $100,000
fine, and a $25 special assessment; Count Two (attempting to access a computer without
authorization or exceeding authorized access to obtain information from any department of the
United States): 1 year of imprisonment, a 1-year period of supervised release, a $100,000 fine,
and a $25 special assessment.
The total maximum sentence is thus: 2 years imprisonment, a 1-year period of
supervised release, a $200,000 fine, and a $50 special assessment.

3

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 4 of 10

IV.

ELEMENTS OF THE OFFENSES
To prove a violation of 18 U.S.C. § 1030(a)(2)(C), the government would have to

prove the following elements beyond a reasonable doubt:
1.

that the defendant intentionally accessed or aided and abetted the

accessing of a computer;
2.

without authorization, in this case, using the username of another student

without her permission;
3.

to obtain information from a protected computer used in or affecting

interstate commerce or communication.
To prove a violation of 18 U.S.C. 1030(a)(2)(B) and (b), the government would
have to prove the following elements beyond a reasonable doubt:
1.

that the defendant intentionally attempted to access a computer;

2.

without authorization or exceeding authorized access;

3.

to obtain information, in this case tax payer tax returns;

4.

from a department or agency of the United States, in this case, the Internal

Revenue Service.
V.

EVIDENCE IN SUPPORT OF THE CHARGES
On November 2, 2016, Andrew Harris and Justin Hiemstra, two students at

Haverford College, went to the school’s computer lab and attempted to obtain Donald Trump’s
tax returns via the Free Application for Student Aid (FAFSA) website administered by the
Department of Education. Harris was familiar with FAFSA because he had recently completed
that application for himself.
4

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 5 of 10

In general, before beginning one’s very first FAFSA application, an individual
registers with the Office of Federal Student Aid (FSA Office). Once registered, the individual
obtains a unique identifier known as an “FSA-ID”, essentially the equivalent of a username.
Once the individual has activated his FSA-ID, he can complete his first FAFSA application, and
any subsequent applications, through the FAFSA website.
The FAFSA application requires an individual to provide various information,
including financial and tax information. When an individual arrives at the section pertaining to
his federal tax information, he is presented with two options: (1) he may input the federal tax
information himself without the aid of the IRS, or (2) he may electronically import that
information from the IRS by activating a link in the FAFSA application. When an individual
chooses the second option and activates the link, his FAFSA session is suspended, and he is
redirected to the IRS FSA-ID website. Once on that website, the individual must supply several
unique pieces of information, such as one’s social security number, to confirm that the individual
requesting the tax return information is, in fact, seeking his own information. If all of the
supplied information matches the information supplied in the previously-filed tax return, the
FSA-ID web application retrieves the pertinent tax information required to complete the FAFSA
application. The individual then activates a hyperlink on the FSA-ID website which takes him
back to his suspended FAFSA application session. Once the FAFSA session has resumed, the
retrieved tax information is imported into the appropriate fields of the FAFSA application form
and the individual can complete the rest of the FAFSA application.

5

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 6 of 10

Attempt to Obtain the Trump Tax Returns
In an attempt to obtain Donald Trump’s tax information, defendants Harris and
Hiemstra first opened a false FAFSA application in the name of a member of the Trump family.
They found that someone had already obtained an FSA-ID for Donald Trump and set up an
identification password. In order to reset the identification password, Harris and Hiemstra were
required to answer challenge questions which that other person had originally created when he
first set up the FSA-ID and password. They were able to do so and reset the password. Then,
using Trump’s personal identifiers, including his social security number and date of birth, they
unsuccessfully attempted to import Trump’s federal tax information into the bogus FAFSA
application they had initiated in the name of a family member of Donald Trump.
The U.S. Department of Education monitors and logs all activity in the FAFSA
applications. The Internal Revenue Service monitors and logs all attempts to obtain tax
information on the FSA-ID system. Both systems link any activity to the Internet Protocol (IP)
address used for the application and the attempt to get the tax information. The IP address used
by Harris and Hiemstra was assigned to a computer in the Haverford College Roberts Hall
computer lab. Records from Haverford showed two computers being used, one for a Google
search for information that would answer the Trump challenge questions for the FSA-ID system
and one for the attempts to get the unauthorized tax information. The activity logs obtained from
Haverford College showed that A.S. logged onto one of the computers and M.P.H. logged onto
the second computer, both of whom were active Haverford College students at the time.

6

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 7 of 10

A.S. was interviewed and denied any involvement in the attempt to obtain tax
records. The government gathered evidence establishing that A.S. was not the individual who
used her login to commit this offense.
M.P.H. was interviewed and said that he was not involved in any attempts to
obtain Donald Trump’s tax records. He said that Justin Hiemstra and Andrew Harris were close
friends and were computer knowledgeable. They would attempt to hack into each other’s
accounts using social engineering. M.P.H. said that he had allowed Harris to use his logon
credentials in the past. He said that before the Presidential election, he had had a conversation
with Harris in which Harris talked about possibly getting Donald Trump’s tax information and
then releasing it to the press. He knows that Harris is familiar with the FAFSA process.
K.M. was interviewed and said that she was in Hiemstra’s dorm room studying
when Andrew Harris arrived to talk to Hiemstra. She did not hear what they were discussing but
soon left with them to go to the computer lab. When they got to the lab, she went to one
computer and began to watch videos. Harris and Hiemstra were on two other computers and were
quiet as another student was occupying a computer facing them. When she heard them laughing,
she went over and saw what appeared to be a tax site.
K.M. further stated that after about fifteen minutes, they all went back to
Hiemstra’s room. It was then that she found out from Hiemstra and Harris that they had tried to
obtain Trump’s tax returns. Harris talked about how he had discovered the possibility of using
the FAFSA website to get the tax information.
R.B., a friend of M.P.H., stated that she was having dinner with Harris and
Hiemstra on November 1, 2016, and they were talking about hacking into each other’s accounts.
7

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 8 of 10

Later that night, Harris told her that he and Hiemstra were going to access Trump’s tax records,
although he did not tell her how they were going to do it. In October 2017, after Harris had been
expelled from Haverford, R.B. talked to Harris, who admitted that he and Hiemstra had
attempted to access Trump’s tax information.
Andrew Harris, when questioned by law enforcement, stated that in October
2016, he filled out his own FAFSA application. During this time, he came up with the idea of
getting the Trump tax information via the FAFSA process. He went to Hiemstra’s dorm room
and explained his idea about how to obtain the Trump information. Harris further admitted that
on November 2, 2016, he, Justin Hiemstra, and K.M. went to the Roberts computer lab. Hiemstra
swiped his Haverford College OneCard to get into the computer lab, then Hiemstra briefly left to
swipe it at a different building in an attempt to disguise his whereabouts. Harris used M.P.H.’s
Haverford credentials to log onto one of the computers while Hiemstra used the Haverford
credentials of A.S. to log onto the other computer. They created a false FAFSA account for a
family member of Donald Trump. They soon realized that Donald Trump already had an FSAID. Harris stated that, using Google, they were able to determine the answers for the account
security questions and successfully reset the password for the account. Among other things, they
needed the IRS filing status and home address for Trump to gain access to Trump’s tax records
and made multiple attempts to answer correctly, but failed.
Justin Hiemstra, when questioned by law enforcement, stated that, in mid to late
October, 2016, his friend, Andrew Harris, approached him with an idea about obtaining Donald
Trump’s tax information. Harris said that Trump’s social security number had been released
online and that he thought they could get the tax information through the FAFSA system.
8

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 9 of 10

Hiemstra said that they decided to wait a couple of weeks. On November 2, 2016, Harris,
Hiemstra and Hiemstra’s girlfriend went to the Roberts computer lab. Hiemstra and Harris
created a false FAFSA account under the name of a family member of Donald Trump. When
they realized that a FSA-ID had already been created for Donald Trump, they attempted to obtain
access to the existing account by answering the security questions associated with the account.
They did a search in Google for answers to the security questions and then used Trump’s social
security number, to attempt to get the tax records. IRS records show that four attempts were
made.
Hiemstra said that credentials from two other Haverford College students were
used to access the two computers that he and Harris used. Harris was in possession of M.P.H.’s
credentials. He could not recall whose credentials they used to log onto the second computer, but
he admitted having the login credentials for approximately five or six students in his phone.

Respectfully submitted,
WILLIAM M. McSWAIN
United States Attorney
s/Anthony J. Wzorek
ANTHONY J. WZOREK
Assistant United States Attorney

9

 Case 2:19-cr-00412-CMR Document 13 Filed 08/30/19 Page 10 of 10

CERTIFICATION
I certify that the government's change of plea memorandum has been sent by
electronic mail to:
William J. Brennan, Esq.

s/Anthony J. Wzorek
ANTHONY J. WZOREK
Assistant United States Attorney

DATE: August 30, 2019

10

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
v.
ANDREW HARRIS

:
:

CRIMINAL NO. 19-

:

GUILTY PLEA AGREEMENT
Under Rule 11 of the Federal Rules of Criminal Procedure, the government, the
defendant, and the defendant’s counsel enter into the following guilty plea agreement. Any
reference to the United States or the government in this agreement shall mean the Office of the
United States Attorney for the Eastern District of Pennsylvania.
1.

The defendant agrees to plead guilty to an Information charging him in Count

One with accessing, and aiding and abetting the accessing of, a computer without authorization
to obtain information from any protected computer, in violation of 18 U.S.C. § 1030(a)(2)(C);
and in Count Two with attempting to access a computer without authorization or exceeding
authorized access to obtain information from any department of the United States, in violation of
18 U.S.C. § 1030(b), arising from using the username of A.S., without that person’s permission,
to access a school computer, and then attempting to obtain the tax returns of a taxpayer, without
authorization, from the Internal Revenue Service. The defendant further acknowledges his
waiver of rights, as set forth in the attachment to this agreement.
2.

At the time of sentencing, the government will:
a.

Make whatever sentencing recommendation as to imprisonment, fines,

forfeiture, restitution, and other matters which the government deems appropriate.

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 2 of 12

b.

Comment on the evidence and circumstances of the case; bring to the

Court’s attention all facts relevant to sentencing including the character and any criminal conduct
of the defendant; address the Court regarding the nature and seriousness of the offense; respond
factually to questions raised by the Court; correct factual inaccuracies in the presentence report
or sentencing record; and rebut any statement of facts made by or on behalf of the defendant at
sentencing.
c.

Nothing in this agreement shall limit the government in its comments in,

and responses to, any post-sentencing matters.
3.

The defendant understands, agrees, and has had explained to him by counsel that

the Court may impose the following statutory maximum sentences: Count One (accessing a
computer without authorization or exceeding authorized access to obtain information from any
department of the United States): 1-year of imprisonment, a 1-year period of supervised release,
a $100,000 fine, and a $25 special assessment; Count Two (attempting to access a computer
without authorization or exceeding authorized access to obtain information from any department
of the United States): 1-year of imprisonment, a 1-year period of supervised release, a $100,000
fine, and a $25 special assessment.
Total Maximum Sentence is: 2-years of imprisonment, a 1-year period of supervised
release, a $200,000 fine, and a $50 special assessment.
4.

The defendant further understands that supervised release may be revoked if its

terms and conditions are violated. When supervised release is revoked, the original term of
imprisonment may be increased by up to 1 year on Counts One and Two.

-2-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 3 of 12

Thus, a violation of supervised release increases the possible period of incarceration and makes it
possible that the defendant will have to serve the original sentence, plus a substantial additional
period, without credit for time already spent on supervised release.
5.

In order to facilitate the collection of the criminal monetary penalties to be

imposed in connection with this prosecution, the defendant agrees fully to disclose all income,
assets, liabilities, and financial interests, held directly or indirectly, whether held in his own
name or in the name of a relative, spouse, associate, another person, or entity, and whether held
in this country or outside this country. Accordingly:
a.

The defendant will submit a completed Financial Statement of Debtor to

the U.S. Attorney’s Office, in a form it provides and as it directs, within 14 days of execution of
this plea agreement. The defendant promises that his financial statement and disclosures will be
complete, accurate, and truthful.
b.

The defendant expressly authorizes the U.S. Attorney’s Office to obtain a

credit report on him in order to evaluate the defendant’s ability to satisfy any monetary penalty
imposed by the Court.
c.

Upon request by the United States, the defendant also agrees to submit to a

financial deposition or interview prior to sentencing, and provide all documents within the
defendant’s possession or control as requested by the U.S. Attorney’s Office regarding the
defendant’s financial resources and that of the defendant’s household.
d.

The defendant agrees not to transfer, assign, dispose, remove, conceal,

pledge as collateral, waste, or destroy property with the effect of hindering, delaying, or
defrauding the United States or victims. The defendant otherwise shall not devalue any property
worth more than $1,000 before sentencing, without the prior approval of the United States.
-3-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 4 of 12

e.

The defendant also agrees to execute any documents necessary to release

any funds held in any repository, bank, investment, other financial institution, or any other
location in order to make partial or total payment toward any monetary penalty that the Court
may impose.
f.

If the defendant fails to comply with this paragraph of the plea agreement

or if any of the defendant’s representations pursuant to the requirements set forth in this
paragraph are false or inaccurate, the government may elect to void this agreement.
6.

The defendant agrees that any restitution or fine imposed by the Court shall be

due and payable immediately and on such terms and conditions that the Court may impose. In
the event the Court imposes a schedule for the payment of restitution or fine, the defendant
understands and agrees that such a schedule represents a minimum payment obligation and does
not preclude the United States Attorney’s Office from pursuing any other means by which to
satisfy the defendant’s full and immediately enforceable financial obligation under applicable
federal and/or state law.
7.

The defendant agrees that forfeiture, restitution, fine, assessment, tax, interest, or

other payments in this case do not constitute extraordinary acceptance of responsibility or
provide any basis to seek a downward departure or variance from the applicable Sentencing
Guideline range.
8.

The defendant agrees to pay the special victims/witness assessment in the amount

of $50 before the time of sentencing and shall provide a receipt from the Clerk to the government
before sentencing as proof of this payment.

-4-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 5 of 12

9.

The defendant may not withdraw his plea because the Court declines to follow

any recommendation, motion, or stipulation by the parties to this agreement. No one has
promised or guaranteed to the defendant what sentence the Court will impose.
10.

Pursuant to USSG § 6B1.4, the parties enter into the following stipulations under

the Sentencing Guidelines Manual. It is understood and agreed that: (1) the parties are free to
argue (except as stated below) the applicability of any other provision of the Sentencing
Guidelines, including offense conduct, offense characteristics, criminal history, adjustments, and
departures; (2) these stipulations are not binding upon either the Probation Office or the Court;
and (3) the Court may make factual and legal determinations that differ from these stipulations
and that may result in an increase or decrease in the Sentencing Guidelines range and the
sentence that may be imposed:
a. The parties agree and stipulate that, as of the date of this agreement, the
defendant has demonstrated acceptance of responsibility for his offense, making the defendant
eligible for a 2-level downward adjustment under USSG § 3E1.1(a).
11.

If the defendant commits any federal, state, or local crime between the date of this

agreement and his sentencing, or otherwise violates any other provision of this agreement, the
government may declare a breach of the agreement, and may at its option: (a) prosecute the
defendant for any federal crime including, but not limited to, perjury, obstruction of justice, and
the substantive offenses arising from this investigation, based on and using any information
provided by the defendant during the investigation and prosecution of the criminal case; (b) be
relieved of any obligations under this agreement regarding recommendations as to sentence; and
(c) be relieved of any stipulations under the Sentencing Guidelines. Moreover, the defendant’s
previously entered guilty plea will stand and cannot be withdrawn by him. The decision shall be
-5-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 6 of 12

in the sole discretion of the government both whether to declare a breach, and regarding the
remedy or remedies to seek. The defendant understands and agrees that the fact that the
government has not asserted a breach of this agreement or enforced a remedy under this
agreement will not bar the government from raising that breach or enforcing a remedy at a later
time.
12.

In exchange for the promises made by the government in entering this plea

agreement, the defendant voluntarily and expressly waives all rights to appeal or collaterally
attack the defendant’s conviction, sentence, or any other matter relating to this prosecution,
whether such a right to appeal or collateral attack arises under 18 U.S.C. § 3742, 28 U.S.C.
§ 1291, 28 U.S.C. § 2255, or any other provision of law. As part of this knowing and voluntary
waiver of the right to appeal or collaterally attack the conviction and sentence, the defendant
expressly waives the right to raise on appeal or on collateral review any argument that (1) the
statutes to which the defendant is pleading guilty are unconstitutional and (2) the admitted
conduct does not fall within the scope of the statutes.
a.

Notwithstanding the waiver provision above, if the government appeals

from the sentence, then the defendant may file a direct appeal of his sentence.
b.

If the government does not appeal, then notwithstanding the waiver

provision set forth in this paragraph, the defendant may file a direct appeal or petition for
collateral relief but may raise only a claim, if otherwise permitted by law in such a proceeding:
(1)

that the defendant’s sentence on any count of conviction exceeds

the statutory maximum for that count as set forth in paragraph 3 above;
(2)

challenging a decision by the sentencing judge to impose an

“upward departure” pursuant to the Sentencing Guidelines;
-6-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 7 of 12

(3)

challenging a decision by the sentencing judge to impose an

“upward variance” above the final Sentencing Guideline range determined by the Court;
(4)

that an attorney who represented the defendant during the course of

this criminal case provided constitutionally ineffective assistance of counsel; and
If the defendant does appeal or seek collateral relief pursuant to this subparagraph, no issue may
be presented by the defendant in such a proceeding other than those described in this
subparagraph.
13.

The defendant acknowledges that pursuing an appeal or any collateral attack

waived in the preceding paragraph may constitute a breach of this plea agreement. The
government recognizes that the mere filing of a notice of appeal is not a breach of the plea
agreement. The government may declare a breach only after the defendant or his counsel
thereafter states, either orally or in writing, a determination to proceed with an appeal or
collateral attack raising an issue the government deems barred by the waiver. The parties
acknowledge that the pursuit of an appeal constitutes a breach only if a court determines that the
appeal does not present an issue that a judge may reasonably conclude is permitted by an
exception to the waiver stated in the preceding paragraph or constitutes a “miscarriage of justice”
as that term is defined in applicable law.
14.

The defendant waives any claim under the Hyde Amendment, 18 U.S.C. § 3006A

(Statutory Note), for attorney’s fees and other litigation expenses arising out of the investigation
or prosecution of this matter.
15.

The defendant waives 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 the investigation or prosecution of this case, including without limitation any records that may
-7-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 8 of 12

be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. §
552a.
16.

The defendant is satisfied with the legal representation provided by the

defendant’s lawyer; the defendant and this lawyer have fully discussed this plea agreement; and
the defendant is agreeing to plead guilty because the defendant admits that he is guilty. The
defendant agrees that the information provided under any off-the-record proffer letter may be
used by the government to establish the factual basis for the guilty plea in this case.
17.

It is agreed that the parties’ guilty plea agreement contains no additional

promises, agreements, or understandings other than those set forth in this written guilty plea
agreement, and that no additional promises, agreements, or understandings will be entered into
unless in writing and signed by all parties.

WILLIAM M. McSWAIN
United States Attorney

ANDREW HARRIS
Defendant

DENISE WOLF
Chief, Criminal Division
Assistant United States Attorney

WILLIAM J. BRENNAN
Counsel for the Defendant

ANTHONY J. WZOREK
Assistant United States Attorney

Date:

-8-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 9 of 12

Attachment

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
v.

:
:

ANDREW HARRIS

CRIMINAL NO. 19-

:

ACKNOWLEDGMENT OF RIGHTS
I hereby acknowledge that I have certain rights that I will be giving up by pleading guilty.
1.

I understand that I do not have to plead guilty.

2.

I may plead not guilty and insist upon a trial.

3.

At that trial, I understand

a.
that I would have the right to be tried by a jury that would be selected
from the Eastern District of Pennsylvania and that along with my attorney, I would have the right
to participate in the selection of that jury;
b.
that the jury could only convict me if all 12 jurors agreed that they were
convinced of my guilt beyond a reasonable doubt;
c.
that the government would have the burden of proving my guilt beyond a
reasonable doubt and that I would not have to prove anything;
d.
that I would be presumed innocent unless and until such time as the jury
was convinced beyond a reasonable doubt that the government had proven that I was guilty;
e.
that I would have the right to be represented by a lawyer at this trial and at
any appeal following the trial, and that if I could not afford to hire a lawyer, the court would
appoint one for me free of charge;
f.
that through my lawyer I would have the right to confront and crossexamine the witnesses against me;

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 10 of 12

g.
that I could testify in my own defense if I wanted to and I could subpoena
witnesses to testify in my defense if I wanted to; and
h.
that I would not have to testify or otherwise present any defense if I did
not want to and that if I did not present any evidence, the jury could not hold that against me.
4.
I understand that if I plead guilty, there will be no trial and I would be giving up
all of the rights listed above.
5.
I understand that if I decide to enter a plea of guilty, the judge will ask me
questions under oath and that if I lie in answering those questions, I could be prosecuted for the
crime of perjury, that is, for lying under oath.
6.
I understand that if I plead guilty, I have given up my right to appeal, except as set
forth in the appellate waiver provisions of my plea agreement.
7.
Understanding that I have all these rights and that by pleading guilty I am giving
them up, I still wish to plead guilty.
8.
I acknowledge that no one has promised me what sentence the Court will impose.
I am aware and have discussed with my attorney that, at sentencing, the Court will calculate the
Sentencing Guidelines range (including whether any departures apply), and then, in determining
my sentence, will consider the Guideline range and all relevant policy statements in the
Sentencing Guidelines, along with other sentencing factors set forth in 18 U.S.C. § 3553(a),
including
(1) the nature and circumstances of the offense and my personal history and
characteristics;
(2) the need for the sentence imposed-- (A) to reflect the seriousness of the offense, to
promote respect for the law, and to provide just punishment for the offense; (B) to afford
adequate deterrence to criminal conduct; (C) to protect the public from further crimes of
the defendant; and (D) to provide the defendant with needed educational or vocational
training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the need to avoid unwarranted sentence disparities among defendants with similar
records who have been found guilty of similar conduct; and

-2-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 11 of 12

(5) the need to provide restitution to any victims of the offense.

ANDREW HARRIS
Defendant

WILLIAM J. BRENNAN
Counsel for the Defendant

Dated:

-3-

 Case 2:19-cr-00412-CMR Document 13-1 Filed 08/30/19 Page 12 of 12

SEND THE PLEA AGREEMENT ALONG WITH THE
ATTACHED COVER LETTER (DOUBLE-CLICK TO
ACCESS IT).
ALSO, EVERY DEFENDANT MUST COMPLETE A
FINANCIAL STATEMENT AND RETURN IT WITHIN 14
DAYS OF EXECUTION OF THE PLEA AGREEMENT.
DOUBLE-CLICK TO OPEN THE FORM. THEN PRINT
IT TO SEND TO DEFENSE COUNSEL ALONG WITH
THE COVER LETTER, OR IF YOU PREFER, EMAIL IT
TO COUNSEL.
DELETE THIS PAGE FROM THE FINAL PLEA
AGREEMENT.

Financial statement Plea Agreement
Cover Letter.docx
of individual debtor.PRINT.ONLY.pdf