0+ 01 7' '13) 1.0441. U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. M0110 Building One SaintAndrew ?s Plaza New York, New York 10007 January 3, 2020 By Email Marc Agni?lo, Esq. Jacob Kaplan, Esq. Brafman Associates, PC. 767 3rd Avenue New York, New York 10017 Re: United States v. Natalie May?ower So urs Edwards, 19 Cr. 64 (GHW) Dear Mr. Agni?lo and Mr. Kaplan: On the understandings speci?ed below, the Of?ce of the United States Attorney for the Southern District of New York (?this Of?ce?) will accept a guilty plea from Natalie May?ower Sours Edwards, a/k/a ?Natalie Sours,? a/k/a ?Natalie May Edwards,? a/k/a ?May Edwards? (?the defendan to Count One of the above?referenced Information. Count One charges the defendant with conspiring to make unauthorized disclosures of Suspicious Activity Reports and the existence of SARS from in or about October 2017 up to and including in or about October 2018, in violation of Title 18, United States Code, Section 371, and carries a maximum term of imprisonment of ?ve years, a maximum term of supervised release of three years, a maximum ?ne, pursuant to Title 18, United States Code, Section 3571 of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense, and a $100 mandatory special assessment. In consideration of the defendant?s plea to the above offense, the defendant will not be further prosecuted criminally by this Of?ce (except for criminal tax violations, if any, as to which this Of?ce cannot, and does not, make any agreement) for participating in a conspiracy to make unauthorized disclosures of SARs and the existence of SARs from in or about October 2017 up to and including in or about October 2018, in violation of Title 18, United States Code, Section 371, as charged in Count One; (ii) making unauthorized disclosures of SARS and the existence of SARs from in or about October 2017 up to and including in or about October 2018, in violation of Title 31, United States Code, Section 5322(a), as charged in Count Two; and the unauthorized disclosure on or about July 23, 2017, and unauthorized removal and/or retention between in or about July 2016 and in or about October 2018, of sensitive government information of the Financial Crimes Enforcement Network, it being understood that this agreement does not bar the use of such conduct as a predicate act or as the basis for a sentencing enhancement in a subsequent 2019.07.08 Page 2 prosecution including, but not limited to, a prosecution pursuant to 18 U.S.C. 1961 et seq. In addition, at the time of sentencing, the Government will move to dismiss any open Count against the defendant. The defendant agrees that with respect to any and all dismissed charges she is not a ?prevailing party? Within the meaning of the ?Hyde Amendment,? Section 617, PL. 105-119 (Nov. 26, 1997), and will not ?le any claim under that law. It is understood that all of the conduct set forth in subsections through of the preceding paragraph constitutes other conduct of the defendant, pursuant to United States Sentencing Guidelines or ?Guidelines?) Section 1B1.4, that the Court may consider at the time of sentencing. The defendant further agrees to waive any potential challenge to venue. In consideration of the foregoing and pursuant to U.S.S.G. 6B1.4, the parties hereby stipulate to the following: A. Offense Level 1. The November 1, 2018 Guidelines Manual applies to this case. 2. Pursuant to U.S.S.G. the base offense level is six. 3. Pursuant to U.S.S.G. 3B1.3, because the defendant abused a position of public trust in a manner that signi?cantly facilitated the commission and concealment of the offense, the base offense level is increased by two levels. Assuming the defendant clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through her allocution and subsequent conduct prior to the imposition of sentence, a two-level reduction will be warranted, pursuant to U.S.S.G. In accordance with the above, the applicable Guidelines offense level is six. I B. Criminal History Category Based upon the information now available to this Of?ce (including representations by the defense), the defendant has zero criminal history points. In accordance with the above, the defendant?s Criminal History Category is I. C. Sentencing Range Based upon the calculations set forth above, the defendant?s stipulated Guidelines range is zero to six months? imprisonment (the ?Stipulated Guidelines Range?). In addition, after determining the defendant?s ability to pay, the Court may impose a ?ne pursuant to U.S.S.G. 5E1.2. At Guidelines level 6, the applicable ?ne range is $1,000 to $9,500. The parties agree that neither a downward nor an upward departure from the Stipulated Guidelines Range set forth above is warranted. Accordingly, neither party will seek any departure 2019.07.08 Page 3 or adjustment pursuant to the Guidelines that is not set forth herein. Nor will either party in any way suggest that the Probation Of?ce or the Court consider such a departure or adjustment under the Guidelines. The parties agree that either party may seek a sentence outside of the Stipulated Guidelines Range based upon the factors to be considered in imposing a sentence pursuant to Title 18, United States Code, Section 3553(a). Except as provided in any written Proffer Agreement that may have been entered into between this Office and the defendant, nothing in this Agreement limits the right of the parties to present to the Probation Of?ce or the Court any facts relevant to sentencing; (ii) to make any arguments regarding where within the Stipulated Guidelines Range (or such other range as the Court may determine) the defendant should be sentenced and regarding the factors to be considered in imposing a sentence pursuant to Title 18, United States Code, Section 35 53(a); to seek an appropriately adjusted Guidelines range if it is determined based upon new information that the defendant?s criminal history category is different from that set forth above; and (iv) to seek an appropriately adjusted Guidelines range or mandatory minimum term of imprisonment if it is subsequently determined that the defendant qualifies as a career offender under U.S.S.G. 4B 1 .1. Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for acceptance of responsibility, see U.S.S.G. 3El.1, regardless of any stipulation set forth above, if the defendant fails clearly to demonstrate acceptance of responsibility, to the satisfaction of the Government, through her allocution and subsequent conduct prior to the imposition of sentence. Similarly, nothing in this Agreement limits the right of the Government to seek an enhancement for obstruction of justice, see U.S.S.G. 3C1.l, regardless of any stipulation set forth above, should it be determined that the defendant has either engaged in conduct, unknown to the Government at the time of the signing of this Agreement, that constitutes obstruction of justice or (ii) committed another crime after signing this Agreement. It is understood that pursuant to U.S.S.G. 6B1 neither the Probation Office nor the Court is bound by the above Guidelines stipulation, either as to questions of fact or as to the determination of the proper Guidelines to apply to the facts. In the event that the Probation Office or the Court contemplates any Guidelines adjustments, departures, or calculations different from those stipulated to above, or contemplates any sentence outside of the stipulated Guidelines range, the parties reserve the right to answer any inquiries and to make all appropriate arguments concerning the same. It is understood that the sentence to be imposed upon the defendant is determined solely by the Court. It is further understood that the Guidelines are not binding on the Court. The defendant acknowledges that her entry of a guilty plea to the charged offense authorizes the sentencing court to impose any sentence, up to and including the statutory maximum sentence. This Office cannot, and does not, make any promise or representation as to what sentence the defendant will receive. Moreover, it is understood that the defendant will have no right to withdraw her plea of guilty should the sentence imposed by the Court be outside the Guidelines range set forth above. It is agreed that the defendant will not file a direct appeal; nor bring a collateral challenge, including but not limited to an application under Title 28, United States Code, Section 2019.07.08 Page 4 2255 and/or Section 2241, of any sentence within or below the Stipulated Guidelines Range of zero to six months? imprisonment and (ii) that the Government will not appeal any sentence within or above the Stipulated Guidelines Range. This provision is binding on the parties even if the Court employs a Guidelines analysis different from that stipulated to herein. Furthermore, it is agreed that any appeal as to the defendant?s sentence that is not foreclosed by this provision will be limited to that portion of the sentencing calculation that is inconsistent with (or not addressed by) the above stipulation. The parties agree that this waiver applies regardless of whether the term of imprisonment is imposed to run consecutively to or concurrently with the undischarged portion of any other sentence of imprisonment that has been imposed on the defendant at the time of sentencing in this case. The defendant further agrees not to appeal any term of supervised release that is less than or equal to the statutory maximum. The defendant also agrees not to appeal any fine that is less than or equal to $9,500, and the Government agrees not to appeal any fine that is greater than or equal to $1,000. Notwithstanding the foregoing, nothing in this paragraph shall be construed to be a waiver of whatever rights the defendant may have to assert claims of ineffective assistance of counsel, whether on direct appeal, collateral review, or otherwise. Rather, it is expressly agreed that the defendant reserves those rights. The defendant hereby acknowledges that she has accepted this Agreement and decided to plead guilty because she is in fact guilty. By entering this plea of guilty, the defendant waives any and all right to withdraw her plea or to attack her conviction, either on direct appeal or collaterally, on the ground that the Government has failed to produce any discovery material, Jencks Act material, exculpatory material pursuant to Brady 12. Maryland, 373 US. 83 (1963), other than information establishing the factual innocence of the defendant, or impeachment material pursuant to Giglz'o v. United States, 405 U.S. 150 (1972), that has not already been produced as of the date of the signing of this Agreement. The defendant recognizes that, if she is not a citizen of the United States, her guilty plea and conviction make it very likely that her removal from the United States is presumptively mandatory and that, at a minimum, she is at risk of being removed or suffering other adverse immigration consequences. If the defendant is a naturalized citizen of the United States, she recognizes that pleading guilty may have consequences with respect to the defendant?s immigration status. For example, under federal law, an individual may be subject to denaturalization and removal if her naturalization was procured by concealment of a material fact or by willful misrepresentation, or otherwise illegally procured. The defendant acknowledges that she has discussed the possible immigration consequences (including removal or denaturalization) of her guilty plea and conviction with defense counsel. The defendant affirms that she wants to plead guilty regardless of any immigration or denaturalization consequences that may result from the guilty plea and conviction, even if those consequences include denaturalization and/or removal from the United States. The defendant understands that denaturalization and other immigration consequences are typically the subject of a separate proceeding, and the defendant understands that no one, including her attorney or the District Court, can predict with certainty the effect of the defendant?s conviction on the defendant?s immigration or naturalization status. It is agreed that the defendant will have no right to withdraw her guilty plea based on any actual or perceived adverse immigration consequences (including removal or denaturalization) resulting from the guilty plea and conviction. It is further agreed that the defendant will not challenge her conviction or sentence on direct appeal, or through litigation under Title 28, United States Code, Section 2255 2019.07.08 Page 5 and/or Section 2241, on the basis of any actual or perceived adverse immigration consequences (including removal or denaturalization) resulting from her guilty plea and conviction. It is further agreed that should the conviction(s) following the defendant?s plea(s) of guilty pursuant to this Agreement be vacated for any reason, then any prosecution that is not time-barred by the applicable statute of limitations on the date of the signing of this agreement (including any counts that the Government has agreed to dismiss at sentencing pursuant to this Agreement) may be commenced or reinstated against the defendant, notwithstanding the expiration of the statute of limitations between the signing of this Agreement and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to waive all defenses based on the statute of limitations with respect to any prosecution that is not time?barred on the date that this Agreement is signed. 'It is further understood that this Agreement does not bind any federal, state, or local prosecuting authority other than this Of?ce. Apart from any written Proffer Agreement that may have been entered into between this Of?ce and defendant, this Agreement supersedes any prior understandings, promises, or conditions between this Of?ce and the defendant. No additional understandings, promises, or 2019.07.08 Page 6 conditions have been entered into other than those set forth in this Agreement, and none will be entered into unless in writing and signed by all parties. AGREED AND CONSENTED TO: kid/JIM. L??t Naialle May?ower Sours Edwards APPROVED 2019.07.08 Very truly yours, GEOFFREY S. BERMAN United States Attorney Kimberly J. Ravener Daniel C. Richenthal Maurene R. Comey Assistant United States Attorneys (212) 637-2358/2109/2324 APPROVED: Ru/ssell Capone Edward B. Diskant Co?Chiefs, Public Corruption Unit DAITE //3/2o