Case: Doc 24 Filed: 06/22/20 Page: 1 of 7 PAGEID 73 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, CASE NO. Plaintiff, JUDGE DLOTT vs. PLEA AGREEMENT TAMAYA DENNARD, Defendant. The United States Attorney?s Of?ce for the Southern District of Ohio (USAO) and the Defendant, TAMAYA DENNARD, individually and through counsel, pursuant to Rule 1 of the Federal Rules of Criminal Procedure, agree as follows: 1. Offense of Conviction: The Defendant agrees to plead guilty to Count One of the Indictment in this case, which charges the Defendant with Honest Services Wire Fraud in violation of 18 U.S.C. 1343 and 1346 and will not withdraw or attempt to withdraw the plea. The Defendant admits that the Defendant is, in fact, guilty of this offense and will so advise the Court. 2. Elements of the Offense: The elements of the offense to which the Defendant has agreed to plead guilty are as follows: Count One, Honest Services Wire Fraud a) the Defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of the public of?cial through bribery or kickbacks; b) the scheme included a material misrepresentation or concealment of a material fact; c) the Defendant had the intent to defraud; and d) the Defendant used wire, radio or television communications or caused another to use wire, radio or television communications in interstate commerce in furtherance of the scheme. 3. Penalties: The statutory penalties for Count One are as follows: a) Not more than 20 years imprisonment, a term of supervised release of not more than 3 years, a ?ne not to exceed $250,000.00 or, more than the greater of twice the gross gain by the defendant or twice the gross loss to another; Case: Doc 24 Filed: 06/22/20 Page: 2 of 7 PAGEID 74 b) Restitution; c) Forfeiture; and d) A mandatory special assessment of $100 pursuant to 18 U.S.C. 3013 due prior to sentencing. Waiver of Rights: The Defendant understands that she has the following rights: a) To plead not guilty; b) To have a trial by jury; c) To be assisted by counsel during such trial; d) To confront and cross-examine adverse witnesses; e) To testify, if so desired, and to present evidence and compel the attendance of witnesses; f) To not be compelled to testify or present evidence, and to not have these decisions held against the Defendant; and g) To be presumed innocent throughout trial and until a jury ?nds proof of guilt beyond a reasonable doubt. The Defendant further understands that if the Court accepts the Defendant?s plea pursuant to this plea agreement, there will be no trial and the Defendant waives these rights. Use of Statements: The Defendant waives any protection afforded by Rule 11(f) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, and 18 of the United States Sentencing Guidelines Manual. Any statements made by the Defendant in the course of plea discussions, in any proceeding under Rule 1 1 of the Federal Rules of Criminal Procedure, and to any law enforcement authorities will be admissible against the Defendant without limitation in any civil or criminal proceeding. Immigration Consewccs: The Defendant understands that if she is not a United States citizen or is a naturalized citizen, a guilty plea and conviction may have consequences for the Defendant?s immigration status, including removal from the United States, denial of citizenship, denaturalization, and denial of admission to the United States in the future. No one involved in this proceeding, including the defense attorney or district court, can predict the immigration consequences of the Defendant?s guilty plea and conviction. Nevertheless, the Defendant af?rms that she wants to plead guilty, regardless of any immigration consequences that a guilty plea may entail, even if this guilty plea means that removal from the United States and/or denaturalization will be a virtual certainty under immigration law. Case: Doc 24 Filed: 06/22/20 Page: 3 of 7 PAGEID 75 Applicability of Ad\isorv Sentencing Guidelines: The Defendant understands that in determining a sentence, the Court has an obligation to calculate the applicable sentencing guideline range and to consider that range, possible departures under the United States Sentencing Guidelines and other sentencing factors under 18 U.S.C. 3553(a). Factual and Sentencing Stipulation: The parties agree to the readily provable facts in the Statement of Facts set forth in Attachment A, and incorporate it here by reference. The parties further agree that the Statement of Facts provide the factual basis for the Defendant?s plea. a) Pursuant to U.S.S.G. the base offense level is 14 because the Defendant was a public of?cial at the time of the offense. b) Pursuant to U.S.S.G. 2 levels are added. 0) Pursuant to Pursuant to U.S.S.G. 4 levels are added because the Defendant was an elected official at the time of the offense. The USAO does not oppose a 2 level reduction in offense level pursuant to U.S.S.G. ?3El.l based upon the Defendant?s acceptance of responsibility, provided that the Defendant?s conduct continues to demonstrate compliance with the terms of 3E1 . 1. The Defendant may be entitled to an additional 1 level decrease pursuant to U.S.S.G. 3E1 . 1 in recognition of the Defendant?s timely noti?cation of her intention to plead guilty. The parties agree that ?nal offense level is 17. Additional Obligations of the Defendant: Forfeiture: a) The Defendant obtained approximately $15,000.00 in connection with the commission of the offense charged in Count 1 of the Indictment. The Defendant agrees to the entry of a money judgment in the amount of $15,000.00 pursuant to 18 U.S.C. 981(a)(1)(C) and 28 U.S.C. 2461(0). b) The Defendant agrees that as a result of the Defendant?s acts or omissions, the $15,000.00 is not currently available to the United States for forfeiture and that the United States is entitled to the forfeiture of substitute assets because one or more of the conditions in 21 U.S.C. 853(p) have been met. c) In the event the Defendant is unable to pay completely the total amount due on the moneyjudgment during the period of any court-ordered supervision, the Defendant agrees to enter into a Payment Plan Agreement with the United States Marshals Service to make regular payments toward the money judgment until payment is complete. Lo.) Case: Doc 24 Filed: 06/22/20 Page: 4 of 7 PAGEID 76 10. 11. 12. 13. I4. 15. Obligations of the USAO: The USAO will not recommend a sentence above the guideline range resulting from a ?nal offense level of 17. The USAO will not further prosecute the Defendant for conduct prior to the date of this Plea Agreement that was part of the same course of criminal conduct described in the Indictment and that was known by the USAO at the time of the execution of this Plea Agreement. The USAO agrees to the dismissal of any remaining counts of the Indictment against the Defendant at the entry of the ?nal judgment. This agreement does not bind any other local, state, or federal prosecutions. Waiver of Appeal: In exchange for the concessions made by the USAO in this plea agreement, the Defendant waives the right to appeal the conviction and sentence imposed, except if the sentence imposed exceeds the statutory maximum. However, this waiver shall not be construed to bar a claim by the Defendant of ineffective assistance of counsel or prosecutorial misconduct. Freedom of Information Act: The Defendant waives all rights under the Freedom of Information Act relating to her investigation and prosecution and agrees not to ?le any request for documents. The Defendant also waives all rights she may have under the Privacy Act of 1974, which prohibits the disclosure of records contained in a system of records without her written request or consent. Acceptance of Plea Agreement: The Defendant understands that the Court is not bound by the sentencing recommendations or stipulations of the parties and that it is within the sole discretion of the Court to impose the sentence in this case. Violation of Plea Agreement: The Defendant agrees to abide by the terms of this agreement, including all of the conditions listed in U.S.S.G. 3El.l. The Defendant understands that in the event she violates this agreement, the USAO will be relieved of all of its obligations under this agreement and may institute any charges or sentencing recommendations that would otherwise be prohibited by this agreement, and the Defendant will not be relieved of any of her obligations under the plea agreement. Further, the Defendant understands and agrees that if the Defendant violates this agreement or it is voided for any reason, the Defendant waives all defenses based upon the statute of limitations and the Speedy Trial Act as to any charges that are part of the same course of criminal conduct described in the Indictment. Defendant?s Acknowledgment: The Defendant has read and understands this plea agreement; the Defendant accepts this plea agreement knowingly and voluntarily and not as a result of any force, threats, or promises, other than the promises in this plea agreement. The Defendant has conferred with counsel regarding this plea agreement and the facts and circumstances of the case, including the applicable law and potential defenses, and the Defendant is fully satis?ed with the representation, advice, and other assistance of counsel in this case. Case: Doc 24 Filed: 06/22/20 Page: 5 of 7 PAGEID 77 16. Entire Agreement: This agreement, along with any attachment(s), is the complete agreement between the parties. It supersedes all other promises, representations, understandings, and agreements between the parties. DAVID M. DEVILLERS UNITED STATES ATTORNEY Emily N. Gl?felter (0075576) 6 Matthew C. Singer (IL 6297632) Assistant United States Attorneys 221 East Fourth Street Suite 400 Cincinnati. Ohio 45202 Of?ce: (513) 684-3711 Fax: (513) 684-6385 E-mail: Emily.Glatfelter@usdoj.gov I have read this agreement and carefully reviewed every pa understand it, I voluntarily agree to it, and I do not wish to chan satis?ed with the representation of my attorney. "6 JUNE 20 20 Date AYA DENN endant We are the Defendant?s attorneys. We have carefully reviewed every part of this agreement with the Defendant, who advises us that she understands and accepts its terms. To our knowledge, the Defendant?s decision to enter into this agreement is an in med and luntary one. Date ?artin Smales Stephanie F. Kessler Atto neys for TAMAYA DENNARD (o @050 Ma mey. 1 1t. Ia co pletely Case: Doc 24 Filed: 06/22/20 Page: 6 of 7 PAGEID 78 ATTACHMENT A: STATEMENT OF FACTS The United States and Defendant TAMAYA DENNARD stipulate and agree that if this case proceeded to trial, the United States would prove the facts set forth below beyond a reasonable doubt. They further stipulate and agree that these are not all of the facts that the United States would prove if this case had proceeded to trial. The City of Cincinnati was a municipal corporation and political subdivision of the State of Ohio located in the Southern District of Ohio. In 2019, the Defendant, TAMAYA DENNARD, was an agent of the City of Cincinnati. Speci?cally, DENNARD was an elected member of the City of Cincinnati City Council. In that role, DENNARD was a public of?cial who owed a duty of honest services to the citizens of the City of Cincinnati and to the Cincinnati City Council. Between approximately August 14, 2019 and December 13, 2019, DENNARD knowingly devised and intended to devise a scheme and arti?ce to defraud and deprive the citizens of the City of Cincinnati and the Cincinnati City Council of their right to the honest services of DENNARD, an elected member of Cincinnati City Council, through bribery and the concealment of material information. The purpose of the scheme and arti?ce was for DENNARD to secretly use her of?cial position with Cincinnati City Council to enrich herself through corruption by seeking, receiving, accepting, and agreeing to receive and accept things of value from a CI-IS in exchange for favorable of?cial action. In August 2019, DENNARD contacted CHS and sought money from CHS, knowing that CHS and client had business before the City of Cincinnati and Cincinnati City Council. For example, DENNARD sent a text communication on or about August 17, 2019 to the CHS stating ?If you are willing to meet with me, I?m sure that 1 will be able to help you.? DENNARD agreed to receive and accept money from CHS, and did receive and accept money from CHS, knowing that CHS and client had business before the City of Cincinnati and Cincinnati City Council. Speci?cally, DENNARD received $15,000 from the CHS, including a cashier?s check for $10,000 on or about September 9, 2019, and $5,000 in cash on or about September 20, 2019. In exchange for and because of the money from the CHS, DENNARD promised to and did provide favorable of?cial action on behalf of CHS and client as requested and as opportunites arose, including voting on matters before Cincinnati City Council for the bene?t of CHS and client. After receiving the $15,000, DENNARD continued to solicit additional payment from CHS while indicating to CHS that future help relating to of?cial action for the bene?t of CH8 and client was tied to additional payment from CHS. Case: Doc 24 Filed: 06/22/20 Page: 7 of 7 PAGEID 79 I have read the statement of facts and have carefully review ey. I acknowledge that it is true and correct. La JUNE .2020 Date AMAYA DEN De en We are TAMAYA attorneys. We have carefully reviewed the Statement of Facts with the Defendant. Mellie Date Martin Pinales Stephanie F. Kessler Attorneys for TAMAYA DENNARD MM #1030