IN THE UNITED STATES DISTRICT COURT FOR THC IN Fi; I p r-r'rsT EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA NOV I 2. CLf . '.I • No. I:19-CR-'36n' V. ANDREW JON THOMASBERG, Defendant. PLEA AGREEMENT G. Zachary Terwilliger, United States Attorney for the Eastern District of Virginia; Anthony W. Mariano, Special Assistant United States Attorney; Ronald L. Walutes, Jr., Assistant United States Attorney; the defendant, ANDREW JON THOMASBERG;and the defendant's counsel have entered into an agreement pursuant to Rule 1 1 of the Federal Rules of Criminal Procedure. The terms of the agreement are as follows: 1. Offense and Maximum Penalties The defendant agrees to waive indictment and plead guilty to a two-count criminal information charging the defendant with making a material false statement in relation to the purchase of a firearm, in violation of Title 18. United States Code, Section 922(a)(6)(Count One), and with possession of a firearm by a controlled substance abuser, in violation of Title 18, United States Code, Section 922(g)(3)(Count Two). The maximum penalties for each count are: a maximum term of 10 years of imprisonment, a fine of$250,000, forfeiture of assets as outlined below, special assessments pursuant to 18 U.S.C. § 3013, and a supervised release term of a maximum of 3 years. The defendant understands that this supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term ofsupervised release could result in the defendant being returned to prison for the full term of supervised release. •sT level 16 or greater, the government agrees to ?le, pursuant to U.S.S.G. 3E1 a motion prior to, or at the time of, sentencing for an additional one-level decrease in the defendant?s offense level. The United States and the defendant have not agreed on any further sentencing issues, whether related to the Sentencing Guidelines or otherwise, other than those listed above or elsewhere in this plea agreement. Any stipulation on a Guideline provision does not limit the parties? arguments as to l8 U.S.C. 3553(a). 5. Waiver of Appeal, FOIA and Privacy Act Rights The defendant also understands that IS U.S.C. 3742 affords a defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal the conviction and any sentence within the statutory maximum described above (or the manner in which that sentence was determined) on the grounds set forth in 18 U.S.C. 3742 or on any ground whatsoever other than an ineffective assistance of counsel claim that is cognizable on direct appeal, in exchange for the concessions made by the United States in this plea agreement. This agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.C. 3742(b). The defendant also hereby 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 be sought under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a. 6. Special Assessment Before sentencing in this case, the defendant agrees to pay a mandatory special assessment of $100 per count of conviction. 7. Payment of Monetary Penalties The defendant understands and agrees that, pursuant to 18 U.S.C. 36l3, whatever monetary penalties are imposed by the Court will be due immediately and subject to immediate enforcement by the United States as provided for in Section 3613. Furthermore, within 14 days of a request, the defendant agrees to provide all of the defendant?s ?nancial information to the United States and the Probation Of?ce and, if requested, to participate in a pre-sentencing debtor?s examination and/or complete a ?nancial statement under penalty of perjury. If the Court imposes a schedule of payments, the defendant understands that the schedule of payments is merely a minimum schedule of payments and not the only method, nor a limitation on the methods, available to the United States to enforce the judgment. Until restitution is paid in ?ill, the defendant will be referred to the Treasury Offset Program so that any federal payment or transfer of returned property to the defendant will be offset and applied to pay the defendant?s unpaid restitution. If the defendant is incarcerated, the defendant agrees to voluntarily participate in the Bureau of Prisons? Inmate Financial Responsibility Program, regardless of whether the Court speci?cally directs participation or imposes a schedule of payments. 8. Immunity from Further Prosecution in this District The United States will not further criminally prosecute the defendant in the Eastern District of Virginia for the speci?c conduct described in the information or statement of facts, except that the United States may prosecute the defendant for any crime of violence or conspiracy to commit, or aiding and abetting, a crime of violence not charged in the information as an offense. In such a prosecution the United States may allege and prove conduct described in the information or statement of facts. ?Crime of violence? has the meaning set forth in IS U.S.C. 16. 9. Forfeiture Agreement The defendant understands that the forfeiture of assets is part of the sentence that must be imposed in this case. The defendant agrees to forfeit all interests in any ?rearm or ammunition involved in the crimes of conviction. The defendant further agrees to waive all interest in the asset(s) in any administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal. The defendant agrees to consent to the entry of orders of forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in thejudgment. Defendant admits and agrees that the conduct described in the charging instrument and Statement of Facts provides a suf?cient factual and statutory basis for the forfeiture of the property sought by the government. 10. Waiver of Further Review of Forfeiture The defendant further agrees to waive all constitutional and statutory challenges to forfeiture in any manner (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the forfeiture constitutes an excessive ?ne or punishment. The defendant also waives any failure by the Court to advise the defendant of any applicable forfeiture at the time the guilty plea is accepted as required by Rule The defendant agrees to take all steps as requested by the United States to pass clear title to forfeitable assets to the United States, and to testify truthfully in anyjudicial forfeiture proceeding. The defendant understands and agrees that all property covered by this agreement is subject to forfeiture as property involved in illegal conduct giving rise to forfeiture. 11. Breach of the Plea Agreement and Remedies This agreement is effective when signed by the defendant, the defendant?s attorney, and an attorney for the United States. The defendant agrees to entry of this plea agreement at the date and time scheduled with the Court by the United States (in consultation with the defendant?s attorney). If the defendant withdraws from this agreement, or commits or attempts to commit any additional federal, state or local crimes, or intentionally gives materially false, incomplete, or misleading testimony or information, or otherwise violates any provision of this agreement, then: a. The United States will be released from its obligations under this agreement, including any obligation to seek a downward departure or a reduction in sentence. The defendant, however, may not withdraw the guilty plea entered pursuant to this agreement; b. The defendant will be subject to prosecution for any federal criminal violation, including, but not limited to, perjury and obstruction of justice, that is not time-barred by the applicable statute of limitations on the date this agreement is signed. Notwithstanding the subsequent expiration of the statute of limitations, in any such prosecution, the defendant agrees to waive any statute-of-limitations defense; and c. Any prosecution, including the prosecution that is the subject of this agreement, may be premised upon any information provided, or statements made, by the defendant, and all such information, statements, and leads derived therefrom may be used against the defendant. The defendant waives any right to claim that statements made before or after the date of this agreement, including the statement of facts accompanying this agreement or adopted by the defendant and any other statements made pursuant to this or any other agreement with the United States, should be excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. the Sentencing Guidelines or any other provision of the Constitution or federal law. Any alleged breach of this agreement by either party shall be determined by the Court in an appropriate proceeding at which the defendant?s disclosures and documentary evidence shall be admissible and at which the moving party shall be required to establish a breach of the plea agreement by a preponderance of the evidence. 12. Nature of the Agreement and Modi?cations This written agreement constitutes the complete plea agreement between the United States, the defendant, and the defendant?s counsel. The defendant and the defendant?s attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in writing in this plea agreement, to cause the defendant to plead guilty. Any modification ofthis plea agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement signed by all parties. By: G. Zacharyr 'l?crwilligcr Unit St ?5 -ttorney Anthony W. Mariano Special Assistant United States Attorney Ronald L. Walutes, Jr. Assistant United States Attorney 9 Defendant?s Signature: I hereby agree that I have consulted with my attomey and fully understand all rights with respect to the pending criminal information. Further, 1' fully understand all rights with respect to Title 18, United States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to it. Date: ?1126 WM Defendant Defense Counsel Signature: I am counsel for the defendant in this ease. I have fully explained to the defendant the defendant?s rights with respect to the pending information. Further, I have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual, and have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant?s decision to enter into this agreement is an informed and voluntary one. Date: 1?2 7 1 @4123? Chrinsel for the Defendant 10 U. S. DEPARTMENT OF JUSTICE Statenlent of Special Assessment Accomtt This. statement re?ects your Special assesmtent only. There may be other penalties imposed at sentencing. ACCOUNT cm. ACTION no: 331' DEFENDANT '3 NAME: Andrew Jon II PAY THIS AMOUNT: 5200 INSTRUCTIONS: 1. MAKE CHECK OR MONEY ORDER PAYABLE TO: CLERK, U.S. DISTRICT COURT PAYSIENT .VIUST REACH THE OFFICE BEFORE YOUR SENTENCING DATE 3. PAYNIENT SHOULD BE SENT T0: In person (9 AM to 4 PM) By mail: Alexandria cases: Clerk, 13.5. District Court 401 Courthouse Square Alexandria, VA 22314 Richmond eases: Clerk. US. District Court 701 East Broad Street, Suite 3000 Richmond, VA 23219 Newport News cases: Clerk, Distrit?t Court 2400 West Ave, Ste 100 Newpnn News. VA 2360'? Norfolk eases: Clerk, District Court 600 Granby Street Norfolk. VA 23510 4. INCLUDE NANIE ON CHECK OR MONEY ORDER 5. ENCLOSE THIS COUPON TO ENSURE PROPER and PROMPT APPLICATION OF PAYMENT ll A0 455 (Rev. Waiver ofan Indictment UNITED STATES DISTRICT COURT WW mun?r United States of America V. Andrew Jon Thomasberg Defendant for the Eastern District of Virginia Hugh?(V W12 Case No. WAIVER OF AN INDICTMENT I understand that I have been accused of one or more offenses punishable by imprisonment For more than one year. i was advised in open court of my rights and the nature ofthe proposed charges against me. After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by information. Date: 1t},f Dc?mdnm It sigmtt e2 Signature '5 uttm-mn' inw? f?rr'm?t'd dec m'mn 's is! Liam O?Grady ?3 United States District Judge Judge ?5 signature Judge printed narnc and Nth: