Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 1 of 10 PageID# 60 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 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 2 of 10 Page D# 61 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 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 3 of 10 Page D# 62 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, Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 4 of 10 Page D# 63 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 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 5 of 10 Page D# 64 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 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 6 of 10 Page D# 65 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 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 7 of 10 Page D# 66 plead guilty. Any modi?cation oftliis plea agreement shall be valid only as set l'orth in writing in a supplemental or revised plea agreement signed by all parties. By: G. Zacharyr 'l?erwilliger Uniti' St ?5 ttorney Aritiiony W. Markino Special Assistant United States Attorney Ronald L. Walutes, .Ir. Assistant United States Attorney 9 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 8 of 10 Page D# 67 Defendant?s Signature: I hereby agree that I have consulted with my attorney and fully understand all rights with reSpect to the pending criminal information. Further, I 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: l] 2 if WM Defendant l/ 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 I have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part ofthis plea agreement with the defendant. To my knowledge, the defendant?s decision to enter into this agreement is an informed and voluntary one. Date: I ll 7 wall: Ch'dnsel for the Defendant 10 Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 9 of 10 Page D# 68 U. S. DEPARTMENT OF JUSTICE Statement of Special Assessment Account This statement reflects your Special assesunent only. There may be other penalties imposed at sentencing. ACCOUNT INFO CRJM. ACTION no: 331- DEFENDANT '3 NAME: Andrew Jon ?Illomnsberg I PAY THIS AMOUNT: $200 INSTRUCTIONS: 1. MAKE CHECK OR MONEY ORDER PAYABLE TO: CLERK, U. 5. DISTRICT COURT PAYMENT .VIUST REACH THE OFFICE BEFORE YOUR SENTENCING DATE 3. SHOULD BE SENT T0: In person (9 AM to 4 PM) By mail: Alexandria eases: Clerk. 1'5. 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 eases: Clerk. US. District Court 2400 \Vest Are, Ste 100 Newport News. VA 2360'? Norfolk cases: Clerk, District Court GOD Granby Street Norfolk. VA 23510 4. INCLUDE NAME ON CHECK OR MONEY ORDER 5. ENCLOSE THIS COUPON TO ENSURE PROPER and PROMPT APPLICATION OF PAYNIENT ll Case 1:19-cr-00337-LO Document 26 Filed 11/12/19 Page 10 of 10 Page D# 69 AD 455tRev.0 109] Waiver ofan Indictment UNITED STATES DISTRICT COURT WW some for the Eastern District of Virginia United States of America V. Andrew Jon Thomasberg Case No. 3322 Defendant 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: 10! Mirna/W i' Signature '5 mtm'uqt' T- [Gr I?rr'm?t'd name If Is! Liam O?Grady ?3 United States District Judge Judge '5 signature "fun! '3 tummy)" Judge '5 printed name and (?If