:_Case Document 10 Filed 09/30/19 Page-10f 13 Pagel'D #:13 Unitec} States Department of Justice 11?}?in J. Powell United States Attorney ?3 O?lce Northern" District of West Virginia United States Courtheuse 1125 Street Phone: (304) 234-9100 13.0.80): 59: FAX: {304323442311 Wheeling, WV 26003 Raymond Ht Yeokel, Esq. ?ll 2E 19 Law Of?ces of Raymond B. Yaekel 162 Chancery Row Morgantown, 26505 SEP 3 2mg VIA EMAIL DELIVERY us. COURT-WVND 6935? \g CLARKSBURG. wv 2, 3m 5 In re: United States v. Dietrich S. FWSLER, Criminal No: l/sfl/l 7 Dear Mr. Yacltel: This will con?rm conversations with you concerning your client, Dietrich S. Fansler (hereinafter referred to as ?Defendant? or ?My. Fansler?), All references to the ?Guidelines" refer te the guidelines established by the United States Sentencing Commission, effective November 1, 1987, as amended. Subject to Department of Justice Tax Division approval, it is agreed between the United States and your client" as follows: 1. Defendant will waive his right to have his case presented to a Grand Jury and plead guilty to a two~count Information to be ?led in this dist?et. Count One will charge him with Fraudulent Concealment Estate Assets, in violation ofTitle 18, United States Code, Section 152(1). Count Two will charge him with Witl?? Failure to Pay Over Tax, in violation of Title 26, United States Code, Section 7202. 2. The maximum penalty to which Mr. Fansler will be exposed by virtue of his plea Ofgu?lty to Count One is: imprisonment for a. tetm ofnot more than ?ve (5) years, a ?ne up to $250,000.00, and a tem: of supervised release of not more than three (3) years. f/We Dietrich S. Fansler, Defendant Date as 7 1/ ?7 . .t 149%? Wei/~21 Z?eew 2 Ramond?l?lt Yaekel, qu. Date Counsel for Defendant Case Document 10 Filed 09/30/19 Page 2 of 13 PageID 14- The maximum penalty to which Mr Fansler will be exposed by Virtue of his plea of guilty to Count I Two is: imprisonment ?x a term of not more than five (5) year,s a fine up to $250, 000 00 and a toxin of - supervised telease of not more than tlu ee (3) years. - - Mr. Fansler will also be required to pay a mandatory Special assessment of $200.00 {Title 18, United States Code, Section 3013) which must he paid before the date of sentencing by money order, or certi?ed check, made payable to the United States District Court. It is also understood that Mr. Fensler might be required by the Court to pay the costs of any incarceration. 3. Pursuant to Sections 681.4 and 181.3 of the Guidelines, the parties hereby stipulate and agree that the base offense level of Count One is Base Offense Levei 6 pursuant to Section because the offense of conviction in Count One has a statutory maximum term of imprisonment of less than 20 years. The patties hereby stipulate and agree to the following speci?c offense characteristics for Count One: 1) a iO-levei increase pursuant to Section 2B1 . because the loss was more than $150,000.00 but not more than $250,000.00, speci?cally approximately $225,000.00; and 2) a 2-level increase pursuant to Section because the offense involved 10 or more victims, speci?cally including approximately 34 bankruptcy creditors. The parties hereby stipulate and agree to the following Chapter Three adjustment for Count One: a Z?tevel increase pursuant to Section SCH because the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation of the offense of conviction in Count One, and the obstructive conduct related to the defendant?s offense of conviction in Count One and any relevant conduct. This stipulation is based upon the defendant?s filing of multiple Small Business Operating Reports in the United States Bankruptcy Court, falsely stating under penalty of perjury that he had deposited all the receipts for the debtor, Pin Oak Properties, in the debtor~in~possession account for the month. Moreover, the parties hereby stipulate and agree that the total relevant conduct of Count Two, as determined by the Tax Table under Section 2T4.l, is a Base Offense Level 20 (more than $550,000.00 but not more than $1.5 million of tax. loss) based upon a total tax loss of approximately $880,446.82 figured below in a. through 3., for the defendant?s 94E liability relating to Villa Rentals, loo; 3.. through i, for the defendant?s 941 liability for Pin Oak Properties, and a. through 6., for the defendant?s individual 1040 liability relating to his personal income tax and as follows: 747417 Die?eh S. Fansler, Defendant Date 1?g 11" ?f7 hats/331g one? 7 1?7 Raymond H. Yaeket}: Esq. Date Counsel for Defendant Case Document 10 Filed 09/30/19- Page 3'of 13 15 941 Liability (V0131 Rentals. Ina): $145,350.89 $3,592.69 for 2010 (First Quarter); - $10,125.69 12312010 (Second Quarter); $13,915.26 f01'2010 ("111110 $12,279.90 for 2010 (Fourth Quarter}; $6,371.61 for 2011 (First Qumfer); $7,017.18 for 2011 (Third Quarter); $7,727.08 for 2011 (Fourth Quarter); $6,538.86 for 2012 (First Quarter); $6,387.64 for 2012 (Second Quarter); $7,341.36 for 2012 (Third Quarter); $6,006.22 12312012 (Fourth Quarter); $7,490.10 for 2013 (First Quarter); . 87.71368 for 2013 (Second Qumer); $4361.78 for 2013 (Third Quarter); $1057.86 for 2013 (Fourth Quarter); $8,127.42 for 2014 (F1133 Quarter); $8,208.38 for 2014 (Second Quarter); $8,687.80 for 2014 (Third Quarter); and $8,400.38 for 2014 (Fourth Quarter); Earns->235 eeaww?r-r-mnmeopss?e 941 Liability Pin Oak 133013611163. LLC): $127,073.27 $12,000.45 for 2014 (Fourth Quarter); $21.02320 for 2015 (First Quarter); 3916526430 for 2015 (Second Quarter); $13,059.72 for 2015 (Fourth Quarter); $5,433.92 for 2016 (F irst Quar?er); $15.697.34 for 2016 (Second Quarter); $15,827.42 for 2016 (Third Quanta); $14,301.80 for 2016 (Fourth Quarter); and $13,465.12 for 2017 (First Quarter); and rho We 1040 Liab?itv (IndividuaD: $608,022.66 3. $11,691.66 for Tax Year 2009; 13. $13,920.00 for Tax Year 2010; 0. 8384388500 for Tax Year 2012; and d. $197,526.00 for Tax Year 2013. 1? 1?2 4? 1316111153311 S. Fansler, Defendant Date WW 493%:sz ?74 7% Raymond 11. Yaokel, 1330. Date Counsel for Defenciant Case Document 10 'Fi'led'O9/30/1I9 Page 4 of 13 16 I Finally, the parties hereby stipulate and agree that Count 011a and Count Twe group 131113113111; to Section 2 and that the offense level applicable to the gioup is Combined Adjusted foetise Level 20 pm suant to Section 3131.3 The parties unde1stand that pursuant to Section 681 the-Court is not hound by the above stipulations and if not accepted by the Court M1 Fansler will not have the iiw to withdraw his plea of guilty 4. With 1ega1cl ta Count One Defendant agiees to pay 162861116011 to the United States Bankruptcy Tzastee 111 the total amount of $225, 000. 00 puisaant t0 18 3663(a)(3) Defendant agrees that the total amount of testimtioe to the United States Bankniptcy Twatee re?ected in this agieement results from Defendants fraudulent cenduct and accounts for his 500. 00 compensation which the Bankruptcy authmized 5. With regard to Count Twe, and the relevant conduct, Defendant agrees to pay restitution t0 the Internal Revenue Service in the total amount 0f $880,446.82, pursuant to 18 U.S.C. 3663(a)(3)1 3. Defendant agrees that the total amount at" restitution t0 the IRS re?ected in thia agreement results from Defendant?s fraudulent conduct. h. The total amount of restitution to the IRS consists of the following: Tax Taxes Due and ?tting Quarters (941 Liability relating t0 Villa Rentals, Inc.) 2010 (1Q) $3,592.69 2010 (2Q) $10,125.69 2010 (3Q) $13,915.26 2010 (4Q) $12,279.90 $6,371.61 2011 (3Q) $7,017.18 2011 (4Q) $7,722,708 2012 (IQ) $6,538.86 2012 (2Q) $6,387.64 2012 (3Q) $7,341.36 2012 (4Q) $6,006.22 2013 (IQ) $7,490.10 2013 (2Q) $7,713.68 2013 (3Q) $4,361.78 24? we 1311311115118 Fansler Defendant Date 5 66% 17 225 2/74? RaymoedH. Yaekel Esq. Date curiae}. fei' Defendant Case Document 10 Filed-09/30/19 Pagesof 13 2013 (4Q) $5,057.86 . 2014 (1Q) $8,127.42 2014 (2Q) $8,208.38 2014 (3Q) $8,687.80 2014 (4Q) $8,400.38 Total $145,350.89 Tex Taxes Due and Owing Quarters (941 Liability relating to Pin Oak Properties, LLC) 2014 (4Q) $12,000.45 2015 (1Q) $21,023.40 2015 (2Q) $16,264.30 2015 (4Q) $13,059.72 2016 (1Q) $5,433.92 2016 (2Q) $15,697.34 2016 (3Q) $15,827.42 2016 (4Q) $14,301.80 $13,465.12 Total $127373.? Tax Taxes Due and Owing Years (1040 Liability relating to Personal Inceme Tax Returns) 2009 $11,691.66 2010 $13,920.00 2012 $384,885.00 2013 $197.526.00 Total $608,022.66 9. Defendant agrees to pay Title 26 interest on the restitution amount to interest was from the last date prescribed for payment of the relevant tax liability until the IRS receives payment in full. The government will provide an updated interest ?gure at sentencing. As of July 12, 2019, the penalties and interest ?gure is; $654,060.74, comprised as fellows: Tax Penalties and Interest Quarters (941 Liability re?tting to Villa Rentals, Inc.) 2010 (1Q) $10,908.48 201M201 $9,869.39 2010 $13,362.99 2/ Dietrich S. fensler, Defendant Raymend H. Yackgl, Esq. Counsel for Sefendant ?1 7 Date 7 - 2? ?7 Wet Date Case Document 10 Filed 09/30/19 'P'agel6'of131'PagelD '18 - 2010 (4Q) $11,602.40 2011 (1Q) $5,548.71 2011 $6,008.08 2011 (4Q) $8,290.32 2012 (1Q) $6,887.05 2012 (2Q) $6,251.93 2012 (3Q) $5,795.99 2012 (4Q) $6,161.36 2013 (1Q) $7,464.41 2013 (2Q) $6,258.90 2013 (3Q) $4,829.65 2013 (4Q) $4,886.82 2014 (1Q) $7,695.54 2014 (2Q) $7,203.11 2014 (3Q) $7,515.50 2014 (40) $7,249.59 Total $143,790.22 Tax Penalties and interest Quarters (94E Liability relating Pin Oak Properties, LLC) 2014 (4Q) $14,724.88 2015 (1Q) $9,400.54 2015 (2Q) $10,901.12 2015 (4Q) $9,442.90 2016 $4,274.77 2016 (2Q) $11,862.31 2016 (3Q) $9,049.75 2016 (4Q) $6,174.89 2017 (1Q) $6,697.20 Total $82,528.36 Tax Penalties and Interest Years (1040 Liability reiating to Personal Income Tax Returns) 2009 $14,037.09 2010 $10,573.63 2012 $257,087.67 2013 $146,043.77 Total $427,742.16 7v; 7 ~15; Dietn'ch/S. Fansier, Defmdant Date 02%? 7 Raymon? H. Yacl?iei, Esq. Date Counsel for Defendant Case Document 10' Filed 09/30/19 Page 7 of 13 PagelD d. Defendant agrees that restitution to the IRS is due and payable immediately after the judgment 13 entered and IS subject to immediate enfo2 cement in ?ill by the United States If the Court imposes I a schedule of payments, Defendant agrees that the schedule of payments is a schedule of the . minimtnn payment due, and that the payment schedule does not 131 ohibit 01 limit the methods by which the United States may immediately enfmce the judgment 1n full. The IRS will use the amount of 1estitution ordered as the basis for a ciyil assessment under. 26 6201(a)(4) Defendant does not have the right to challenge the amount of this reatitution- based assessment. See 26 U. 6201(a)(4)((3) Neither the existence of a restitution payment schedule nor Defendant timely payment of 1estitution according to that schedule will preclude the IRS from immediately collecting the full amount of the 1estitution??hased assessment e. Defendant is entitled to receive credit for restitution paid to the IRS pursuant to this plea agreement against those assessed civil tax liabilities due and owing for the same periods for Which restitution was ordered. Defendant understands and agrees that the plea agreement does not resolve Defendant?s civil tax liabilities, that the IRS may seek additional taxes, interest, and penalties from Defendant relating to the conduct covered by this plea agreement and for Conduct relating to another time period, and that satisfaction of the restitution debt does not settle, satisfy, or compromise Defendant?s obligation to pay any remaining civil tax liability. Defendantauthorizes release of infoimation to the IRS for purposes of making the civil tax and restitution?based assessments. f. Defendant understands that he is not entitled to credit with the IRS for any payment until the payment is received by the IRS. g. If full payment cannot be made immediately, Sefendant agrees to make a complete and accurate disclosure to the IRS on forms prescribed by the IRS (including, but not limited to, IRS Form 433, A and Form as appropriate), and to disclose to the RS any and all additional ?nancial information and ?nancial statements provided to the probation of?ce. Defendant also agrees to provide the above-described information to the probation office. h. If Defendant makes a payment of the agreed restitution prior to sentencing, the payment will he applied as a credit against the restitution ordered pursuant to this plea agreement. Unless directed otherwise, any and all prewsentencing restitution payments should be sent to IRS Collection Manager, ll Chenoweth Drive, Bridgeport, WV 26330. i. Defendant agrees to send all payments made pursuant to the comt?s restitution order to the Cleric of the Court. With each payment to the Clerk of the Court made pursnant to the District Court?s restitution order, Defendant will provide the following information: ?1 Defendant?s name and Social Security Number; Wt 74? Dietrich S. Fansler, Defendant Date 1? I 1., a ?ow? it (?yielded ?7 1? 1? Raymond l?l. Yackel, Esq. Date Counsel for Defendant Case Document 10.. Filed09/30/19 Page '8 30f 13 I The D1sn1etCou11 and the docket number assigned to this case; '1 Tax yea1(s) o1 pe110d(s) fo1 which restitution has been ordet ed and A statement that the payment is being Submitted 1111131121111 to the 1313111111 Court 8 1estitution order j. Defendant 301865 to include a request that the Clerk of Court send the information, along with Defendant payments to the IRS address below: IRS RACS Ann: Mail Stop 6261, Restitution 333 W. Pershing Ave. Kansas City, MO 64108 R. Defendant also agrees to send a notice of any payments made pursuant to this agreement, including the information listed in the previous paragraph to the 1113 at the same address. 6. In support of the Guidelines stipulations in Paragraph 3 and the restinition amounts in Faragraphs 4 and 5,1he paities hereby stipulate and agree to the following facts. 3. Count One (Bankruptcy Offense and Relevant Conduct). At all relevant times, Pin Oak Properties, LLC (?Pin Oak Properties?) was a real estate development business located in Morgantown, West Virginia, which operated a shopping mall in Faitmont, West Virginia, named Middletown Mall. At all relevant times, the defendant was the managing member of Pin Oak Properties. On June 7, 2017, in West Virginia, Within the Northern District of West Virginia, the defendant, on behalf of Pin Oak Properties, ?led a petition for relief under Chapter ll of the United States Code, Case Number l:17?bk~ 608. Between June 7, 2017 and January l8, 2018, the defendant managed the business and property of P111 Oak Properties, which was operating as a dehtor?in?possession. During this time period, the defendant was responsible for collecting rent from the tenants of Middletown Mall and ensuring the deposit of those rents into the debtor?in?possession bank account of Pin Oak Properties However, during this time period, the defendant deposited, and sensed to be deposited, Middletown Mall rents into a bank account titled to an unrelated entity called Pin Oak LLC. During this time period, the defendant ?led, and caused to he ?led, with the Bankruptcy Court approximately six (6) operating reports, declaring under penalty of perjury that he had deposited all the receipts of Pin Oak Properties for those months into the debtor-impossession account. During this time period, the defendant used Middletown Mall rents to pay expenses unrelated to Pin Oak Properties, The amount the defendant fraudulently concealed from the hanlouptcy estate totaled approximately $225,000.00. ?7??17~11" Dienioh Fensler, Defendant Date 1% Mew/M Raymond H. Yack?el, Esq. Date Counsel for Defendant Case Document 10 .F'iled'09/30/19 Page-901? 13 pagan-a 21- i h. Count Two (Tax Offense and Relevant Conduct} . At all relevant times, the defendant eaeicised eonnol over every aspect of the business affairs of Pin Oak Properties LLC (?Pin Oak P1ope1'ties inolnding approving all payments by the company and controlling all of Pin Oak Properties bank accounts During the ?r st quarter of the - year 2017, ending Mar ch 3t, 2017, the defendant caused Pin Oak Propertres to dednct and collect from the total taxable wages of Pin Oak Properties employees, and truthfully account for, federal income taxes and Federal Insurance Contributions Act taxes in the amount of approximately 940 09. On September 4, 2017, in the Northern District of West Virginia, the defendant did willfully fail to pay over to the internal Revenue Service the federal income taxes withheld and Federal Insurance Contributions Act taxes due and owing to the United States of Arner ice on behalf of Pin Oak Properties and its employees for the quarter ending March 31,2017. The defendant had engaged 1n the same or similar: conduct, as it pertains to Pin oak P1 opertres since the fourth quarter of 2014, except for the third quarter of 2015 This practice has resulted in a total tax due and owing of $127 073 27 At all relevant times, Villa Rentals, Inc. (?Villa Rentals?) was a residential building construction company, operated by the defendant in Morgantown, West Virginia. At all relevant times, the defendant exercised control over every aspect of the business affairs of Villa Rentals, including approving all payments by the company and controlling all of Villa Rentals? bank accounts. Beginning in the ?rst quarter of 2010 and continuing throngh the fourth quarter of 2014, except for the second quarter of 2011, the defendant caused Villa Rentals to deduct and collect from the total taxable wages of Villa Rentals? employees, and truthfully account for, federal income taxes and Federal Insurance Contributions Act taxes. Subsequently, the defendant did will?rlly fail to pay over to the Internal Revenue Sentice the federal income taxes withheld and Federal Insnrance Contributions Act taxes due and owing to the United States of America on behalf of Villa Rentals and its employees, totaling $145,350.89. For tax years 2009, 2010, 2012, and 2013, the defendant ?led a Form 1040, Individual Income Tax Return, which reported the income from Pin Oak Properties, but the defendant did will?rlly failed to pay the tax due, which is still due and owing in the total amount of $608,022.66. 7. Mr. Fansler waives any right to have sentencing determinations made by a jury and for a jury determination of any and all facts relevant to the application of the United States Sentencing Guidelines provisions and consents to the application of the Guidelines, in conformity with United States v. Booker, 125 8.61:. 738 (2005}, and to a determination of any and all facts and a resolution of the application of any and all Guidelines factors by the United States District Judge. Mr. Fansler further agrees that the District Judge should make any sentencing determinations, including, but not limited to, Guidelines determinations, using the preponderance of the evidence standard. 1-4/ wt Dietrich S. Fansler, Defendant Date loner /%im 7 7? 7 Raymonii H. Yaokel?Esq. Date Counsel for Defendant Case DOcument 10 Filed 09/30/19 'PagelO of 13 8. Mr Fanslez wi ll be completely forthright and with federal and state officials in the - Northern Bisti?ict of West Virginia and elsewhere with regard to all made of him and Will give signed, swom statements and giand 311131 and t1ial testimony telative thereto Mi ansler will agree to submit to a polygraph examination if iequested to do so by the United States Attomey's Of?ce for the Northern District of West V11 ginia - - - 9. Nothing contained in any statement 01 any testimony given by Fanslei puisuant to Paiagtaph 8 will he used against him as the basis for any subsequent prosecution It 1s understood that any information obtained from Mr. Fansler in compliance with this Ag1ee1nentWill be made known to the sentencing Court However, puisuant to Guideline 181 8, such information may not be used by the Court in dete1mining Mi Fanslei applicable guideline range. This Agieement does not prevent Mr Fanciei from being prosecuted for any Violations of other Federal and state laws he may have committed should evidence of any such violations be obtained from-an independent legitimate Source, separate and apart ?'orn that infoimation and testimony being provided by him pursuant to this Agreement. In addition, nothing contained in this Agreement shall prevent the United States from prosecuting Mr. Fanslei for perjury o1 the giving of a false statement to a fedeial agent, if suCh a situation should occur by virtue of his ful?lling the conditions of Paragiaph 8 above. 10. At ?nal disposition, the United States will advise the Conn: of Mr. Fansleris fortlnightness and truthfulness, or failure to be forthright and truthful, and ask the Court to give the same such weight as the Court deems appropriate. ll. There have been no representations whatsoever by any agent or employee of the United States, or any other law enforcement agency, as to what the ?nal disposition in this matter should or will be. This Agreement includes nonbinding sentencing by the United States, pursuant to Rule However, Mr. Fansler understands that the Court is not bound by these sentencing recommendations, and that he has pp right to withdraw his guilty plea if the Court does not follow the sentencing recommendations set forth in this Plea Agreement. 12. The United States will make the following nonbinding recommendations: 1) if Mr. Fansler accepts responsibility, and if the probation of?ce recommends a two-level reduction for "acceptance of responsibility," as provided by Guideline 3131.1, the United States will concur in the recommendation; 2) should Mr. Fansler give timely and complete information about his own involvement and provide timely notice of his intent to plead guilty, permitting the United States to avoid trial preparation, and comply with all the requirements of this Agreement, the United States will recommend, if applicable, an additional one?level redaction for this ?timely acceptance" of responsibility. in order to be eligible for this timely acceptance of responsibility, Mr. Fansler must execute this Plea Agreement on or before 5:00 July 2019, and return or fax an executed copy to the United States by that day and time; and 3) the United States will recommend that any sentence of incarceration imposed should he at the lower end of ii {fl .71 7 my? Dietrich S. Fansler, Defendant Date . met/11M ?7 5 Raymond ii. Yackel, Esq. Date Counsel for Defendant 119- Case Document 10 Filed 09/30/19 ?Page 11 of 13? the applicable Guideline range. 13 If in the opinion of the United States, Mr. Fanslei eiiher engages in conduct defined under Application Notes through (K) of Guideline 3C1 1 fails to cooperate as pioinised fails to make a tiuthful dehiie?ng, is found to be deceptive dining any polygraph fails to testify fully and truthfully either at grand Jury or any tiial fails to pay the special assessment pricir to the sentencing hearing or violates any other provision ofthe Flea Agreement then the United States will not be bound to make the feiegoing recommendations 01 take the foiegoing actions and Mr Fanslei will not have the right to withdiaw his guilty plea - - - 14. Mr. Fansler is aware that 18 USC. 3742 affords a defendant the right to appeal the sentence imposed. Acknowledging this, and in exchange for the concessions made by the United States in this plea agreement, the defendant waives the following rights? if the Court sentences within the statutory maximums of the statutes of conviction: I a. The defendant knowingly waives all right, pursuant to 28 USC. 1291 or any other statute or constitutional provision, to appeal the defendant?s conviction on any ground whatsoever. This includes a waiver of all rights to appeal the defendant?s conviction on the ground that the statute{s) to which the defendant is pleading guilty is unconstitutional, or on the ground that the admitted conduct does not fall within the scope of the statute(s). b. The defendant knowingly and expressly waives all rights conferred by 18 U.S.C. 3742 to appeal whatever sentence is imposed (including any fine, term of supervised release, or order of restitution} for any reason (including the establishment of the advisory sentencing guidelines range; the determination of the defendant?s criminal history, the weighing of the sentencing factors and any constitutional challenges to the calculation and imposition of any tenn of impiisonrnent, fine, order of forfeiture, order of restitution, and tenn or condition of supervised release). c. To challenge the conviction or the sentence which is within the niaxin?imn provided in the statute of conviction or the manner in which it was determined in any post~conviction proceeding, including any proceeding under 28 USC. 2255. Nothing in this paragraph, however, will act as a bar to the defendant perfecting any legal remedies he may otherwise have on appeal or collateral attack respecting claims of ineffective assistance of counsel or prosecutorial misconduct. The defendant agrees that there is currently no known evidence of ineffective assistance of counsel or prosecutorial misconduct. 7-47 ?rt? Dietrich Fansler Defendant Date 7 sax/Tl i Raymond H. Yack?l, Esq. Date Counsel for Defendans -11- "LICase DOC'ument 10 Filed 09/30/19 Page 12 of 13 This waive1 of appellate 1ights is not intended to represent the defendant?s estimation of What an appropiiate '01 reasonable sentenCe would 01 should be No1 does this waiyei 0f rights pievent the. defendant fioin arguing for a Sentence below the af01 ementicned adjusted advisory Guideline offense level at sentencing The United States waives its light to appeal any sentence within the applicable advisory Guideline range. Both parties have the 1ight during any appeal to argue in Support of the sentence. 15. The United States reserves the right to provide to the Court and the United States i?robation Office, in connection with any piesentence investigation that may be ordered purSoant' to Rule 320:) of the Federal Rules of Criminal P1",ocedu1e or in connection with the imposition of sentence should the Couzt pursuant to Rule not cider a presentence inyestigation,1elcvant infonnation, including infontnation 1egai ding Mr. Fansler backgiwound criminal recoid, the offense: chaiged in the lndiCtrnent and other pertinent data appearing at Rule 32(e)(2) of the Federal Rules of Criminal Procedure, as will enable the Court to exercise its sentencing discretion. The United States also retains the right to respond to any questions raised by the Court, to correct any inaccuracies or inadequacies in the anticipated presentence investigation report to be prepared by the Probation Office of the Court, and to respond to any written or oral statements made to the Court by Mr. Fansler or his counsel. 16. If the defendant?s plea is not accepted by the Court or is later set aside or if he breaches any part of this Agreement, then the Office of the United States Attomey will have the right to withdraw any sentencing recommendations and/or to void this Agreement. 17. Mr. Fansler agrees that all monetary penalties imposed by the (301111: will be due and payable immediately and sob} set to immediate enforcement by the United States as provided for in Title 18, United States Code, Section 3613. Furthermore, Mr. Fansler agrees to provide all requested ?nancial information to the United States and the Probation Of?ce and agrees to participate in any presentencing debtor examinations. Mr. Fansler also authorizes the Financial Litigation Unit in the US Attorney?s Of?ce for the Northetn District of West Virginia to access his credit repoit from any major credit reporting agency prior to sentencing, in order to assess the ?nancial condition for sentencing pm'poses. Mr. Fansler agrees, under penalty of perjury, to complete a ?nancial statement to be returned with the plea agreement. If the Court imposes a schedule of payments, Mr. Fanslet agrees that it will be deemed to be merely a minimum schedule of payments, not the only method available to the United States to enforce the judgment. If Mr. Fansler is incarcerated, he agrees to participate in the Federal Bureau of Prisons? Inmate Financial Responsibility Program, regardless of whether the Court speci?cally directs participation or imposes a schedule of payments. In addition, Mr. Fansler agrees that the United States, through the Financial Litigation Unit, may submit any unpaid criminal monetary penalty to the United States Treasury for offset, regardless of the defendant?s payment status or histon at the time of said submission. 7?72 Dietrich Fahsiet, Defendant Date W, 54* 1% Mat/13? 7 ?7 l-I Yackel, Es Date Counsel for Defendant _12_ :oase Dooument 10. Filed 09/30/19 . 18 ?le above seventeen (17) palacrlaphs constitute the entize agreement between Mr. Fansler and the Umted States of Anterioa to this matter There are no agt eements, Understandings or promises between the parties other than those contained this Aglweement Very truly yours, WILLIAM POWELL Uni ed States Attomey Mia By: 3211061 J. Douglas Assistant United States Attomey As evidenced by my signature at the bottom of the thirteen (13) pages of this letter agteement, I have read and understand the provisions of each paragraph herein and, hereby, fully approve of each provision 747 at? Biet?oh S. Fansler, Defendant Date ?ame? 5% 7 g? Raymond H. Yaokelffisq. - -. Date Counset for Defendant -13..