general provisions - fitsnews · 2019. 2. 26. · 2015 ′ between the ... 3:15-cr-00329-cri date...

IN THE DISTRICT COURT OF THE UNITED STATESFOR THE DISTRICT OF SOUTH CAROLINA

COLUMBIA DIVISION

UNITED STATES OF AMERICA Cri-minal No:

V.

PLEA AGREEMENTGA工 L SHURLING

General Provisions

This PLEA AGREEMENT is made this ′`″

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2015′ between the United States of America′ as represented by

United States Attorney WILLIAM N. NETTLES′ Assistant united

States Attorney 」ames Hunter May, the Defendant′ GAIL SHURLING′

and Defendant′ s attorney′ Blair 」ennings.

IN CONSIDERATION of the mutual promises made herein′ the

parties agree as fo■ ■ows:

■. The Defendant agrees to waive lndictment and arraignment′

and plead guilty to an lnfoェ lllation charging′ wire fraud′ in

violation of Title 18′ United states Code′ § ■343.

In order to sustain its burden of proOf′ the Government is

required to prove the fo■ lowing:

Count ■

a. That the defendant devised or intended to devise a

scheme to defraud or for obtaining money or property

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3:15-cr-00329-CRI Date Filed 05/19/15 Entry Number 5 of 11

by means of false fraudul-ents pret.enses,

representat ions , or promises that were maEerial; and

b. that, for the purpose of execut.ing Ehe scheme. the

defendant lransmitted or caused L.o be transmiE.ted by

means of wire, radio, or television communication in

interstate or foreign commerce any writings, signs,

signals, pictures, or sounds.

The penalty for this offense i,s:

MAX TMUM SENTENCE THIS COUNT FINE OF $25O,OOO (18 U.S.C. S 3571)

AND/OR IMPRfSONMENT FOR NOT MORE THAN 20 YEARS AND A TERM OF

SUPERVISED RELEASE OF NOT MORE THAN 3 YEARS (18 U.S.C. S 3583)

PLUS A SPECIAL ASSESSMENT OF $1OO.OO (18 U.S.C. S 3013).

The Defendant understands and agrees t.hat. monetary

penalties Ii.e.. special assessments, rest.it.ution, f i-nes

and ot.her paymenE.s required under t.he senlencel imposed by

t.he Court. are due immediately and subject to enforcement by

the united SEates as civil judgments, pursuant to 18 UsC S

3613. The Defendant also understands t.haL palment.s made inaccordance with install-ment schedul_es set by the Court. are

minimum payments onfy and do not preclude the government

from seeking to enforce t.he j udgment. against other asset.s

of the defendant at any Eime, as provided in 18 USC SS

361,2, 3613 and 3664 (m) .

.)


The Defendant further agrees to enter into the Bureau of

Prisons Inmate Fj.nancj.al Responsibility Program if

sentenced t,o a term of incarceration wiCh an unsatisf i-ed

monetary penalty. The DefendanL furt.her underst.ands that

any monetary penafty imposed is

bankruptcy .

not dischargeable in

A. Special- Assessment: Pursuant t.o 18 U.S.C. S3013,

Ehe Defendant must pay a special assessment. of

$100.00 for each felony counL for which she is

convict.ed. This special assessment must. be paid

aE or before the time of t.he guilty pl_ea hearing.

B. Restj.tuEion: The DefendanE. agrees to make fuII

rest.ituE.ion under 18 U.S.C. S 3556 in an amount

Eo be deEermj-ned by the Court. at the time of

sentencing, which amount is not limiEed t.o Ehe

counE (s) t.o which t.he Defendant pled guilty, but.

will include restitution to each and every

identifiable vicEim who may have been harmed by

her scheme

pursuant Eo

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pat.tern of criminal activit.y,

U.S.C. S 3553. The Defendant

agrees to cooperate fu11y wj_th the covernment. in

identifying all vict.ims.

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3.

C. Fines: The Defendant understands t.hat. the Court

may impose a fine pursuant to 1B U.s.C. SS 3571

and 3572.

The Defendant understands that the obligations of the

Government within Ehe Plea AgreemenE. are expressly

contingent upon the Defendant's abiding by federal and

sEaEe laws and complying with any bond executed in this

case. In the event that. the Defendant fails to comply with

any of the provisions of this AgreemenE.. either express or

implied, Ehe Government will have the right, at its sole

election, to void aLl of it.s obligations under t.his

Agreement and the Defendant will not. have any right Eo

withdraw her plea of guilt.y to the offense (s) enumerat.ed

herein.

Cooperat.ion and Forfeiture

The Defendant. agrees t.o be full-y truthful and forthright

with federal-, sEate and local 1aw enforcement, agencies by

providing fuI1, compleEe and truthful_ information about. a1f

criminal- act.ivities about which she has knowledge. The

Defendant musE provide fu11. complet.e and truthful

debriefings about. L.hese unlawful- activj.ties and must fu11y

disclose and provide truthful information to the covernment.

including any books, papers, or d.ocuments or any ot.her

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items of evidentiary value to lhe investigation. The

Defendant musE also testify fulJ-y and truthfully before any

grand juries and at any trials or other proceedings if

ca11ed upon to do so by the GovernmenL., subjecE. Eo

prosecut j-on f or per j ury f or not testifying trut.hf ul_l-y. The

f ail-ure of Ehe Defendant to be fuI1y Lruthful and

fort.hright. aE any sEage wil1, at. the sole election of the

Government, cause the obligatsions of the covernment within

this Agreemen! to become nuI1 and voj-d. !'urther, it is

expressly agreed that if the obl-igations of the Government

within this Agreement become nuII and void due to the lack

of truthfulness on the part of Ehe Defendant, the Defendant

undersEands t.hat.:

a. the Defendant will not be permitted to wit.hdraw

her plea of guilt.y Lo Ehe offenses described

above ,'

b.

c.

all additional charges known to the Government

may be filed in the appropriate district;

the Government will argue for a maximum sentence

for the offense !o which the Defendant has

pleaded guilty; and

Ehe Government will use any and all information

and t.estimony provided by the Defendant pursuant

to Ehis Agreement, or any prior proffer

d

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5.

agreemenEs/ in the prosecut.ion of the Defendant

of all charges .

The DefendanE agrees to submj-t tso such pol-ygraph

examinations as may be requested by the Government. and

agrees thaE any such examinaEions sha11 be performed by a

polygraph examj-ner selecEed by the Government. Defendant

further agrees that her refusal t.o take or her faifure t,o

pass any such polygraph examination to the covernmenE's

satisfaction wil-f result, at Ehe Government's sole

discretion, in Ehe obligations of the Government within the

Agreement becoming nu11 and void.

6. The Government agrees that any self - incriminating

informat.ion provided by the Defendant as a resulE of the

cooperaEion required by the Eerms of this Agreement.,

a]though availab]e Eo the Court, will not be used against.

Ehe Defendant in determining the Defendant,s applicable

guideline range for sent.encj-ng pursuant to the U. S.

Sentencing Commj-ssion Guj.detines. The provisions of t.his

paragraph shall noE be applied to rest.rj-ct any such

information:

a. known to t.he covernmenE prior t'o the date of

Agreement;

concerning the existence of prior convlcLions

sentences,.

this

b.

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and


c. in a prosecution for perjury or giving a false

statement; or

in the events the Defendant breaches any of the

t.erms of the Pl-ea Agreement..

Provided Ehe Defendant cooperates pursuant to the

provisions of this Pfea Agreement, and that. cooperatj-on is

deemed by the Government as providing substantial

assisEance in E.he investigaEion or prosecution of anot.her

person/ the Government agrees tso move the Court for a

downward departure or reducEion of sentence pursuant to

United States SenEencing Guidelines S5K1 .1, Titl-e 18,

United Stsates Code, S 3553 (e) or Federal- Rule of Criminal

Procedure 35 (b) . Any such motion by the GovernmenE is not

binding upon Lhe Court, and should Ehe Court deny the

motion, the Defendant wiff have no right t.o withdraw her

plea.

Merger and Other Provieiong

The Defendant. and the covernment. stipulate and agree to the

following for purposes of calculating the Defendant.,s

sentence pursuant to the United States Sent.encj.ng

Commission Guidef ines :

The loss amount for the defendant's fraud is between

$200,000-400,000;

d.

a,

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The Defendant understands that these stipulaL.ions are not

binding upon t.he CourE or Ehe Unj-t.ed States probation

Office, and that the Defendant has no right to wit.hdraw her

pl-eas should these stipulaEions not be accept.ed. Furt.her,

the Defendant understands and acknowledges t.hat these

stipulations are binding on the covernmenE only in the

event t.hat the Defendant. complies with ALL of the terms of

this Agreement and does not contest any of Ehe above

stipulaEions or any readily provable relevant conducE.

The Defendant represenEs to Ehe court t.hat she has met with

her attorney on a suf f icj-ent number of occasions and for a

sufficient period of time to discuss t.he Defendant,s case

and receive advlce; Ehat the Defendant has been Erut.hful

with her aEEorney and refaEed all information of which the

Defendant. is aware pertaining to Lhe case; that the

Defendant and her atlorney have discussed possible

defenses, if any, Eo the charges in the Information

including the exist.ence of any exculpat,ory or favorabfe

evidence or witnesses, discussed t.he Defendant,s right lo a

public tri.al by jury or by the Court, the right to the

assist.ance of counsel throughout the proceedings, t.he rightto call- witnesses in t.he Defendant,s behalf and compel

their aetendance at trj-aL by subpoena, the right Lo

confront. and cross-examj-ne the government, s witnesses, the

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■0

Defendant.'s right. Eo testify in her own behalf, or to

remain sil-ent and have no adverse inferences drawn from her

silence; and t.hat. t.he Defendant, wilh the advice of

counsel/ has weighed Ehe relative benef it.s of a trial by

jury or by the Court versus a plea of guilt.y pursuant to

t.his Agreement, and has ent.ered this Agreement as a matter

of the Defendant's free and vol-untary choice, and not. as a

resuft. of pressure or j.nE.imidation by any person.

The DefendanE is aware that 18 U.S.C. S 3?42 and 28 U.S.C.

S 2255 afford every defendanE certain ri.ghts to contest. a

conviction and/or sent,ence. Acknowledging those rj-ghts,

the Defendant., in exchange for the concessions made by Ehe

Government in this Plea Agreement, waives the right to

contest either t.he convj-ct.j-on or Lhe sentence in any direct.

appeal or oEher post-conviction action, i.ncluding any

proceedings under 28 U.S.C. S 2255. (This waiver does not

apply to claims of ineffective assistance of counsel

prosecutor:-al- misconduct raised pursuant to 28 U.S.C.

2255 . \

The Defendant waives all right.s, whether asserted directlyor by a representat. ive , to requesE. or receive from any

department or agency of the United States any recordspertaining to the investigation or prosecution of thiscase, incJ.uding without Iimitation any record.s that may be

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sought under the Freedom of fnformation Act, 5 U.S.C. S

552, or the Privacy Act of 1,9'74, 5 U.S.C. S 552a.

l-2. The parties hereby agree t.hat. this Plea Agreement contains

the ent.ire agreement. of Lhe part.ies; t,hat this Agreement

supersedes all prior promlses, representations and

statements of t,he partles; that this Agreement shaI1 not be

binding on any party until the Defendant tenders a plea of

guilty to the court having jurisdict.ion over this mat.ter;

that this Agreement may be modified only in writlng slgned

by all parties; and that any and all other promises,

representations and statements, whether made prior to,

contemporaneous wlth or after this Agreement, are nu11 and

void.

″9′ チゞDate

イ.■ ‐lsDATE

(7′ /η′/ゞ

WILLIAM N. NETTLESUNITED STATES ATTORNEY

Date

BLAIR 」ENN

#1■ 355)TANT UNITED STATES ATTORNEY

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U. S. DEPARTMENT OF JUSTICEStatement of Special Assessment Amount

This statement reflects your special assessment only. There may beother penalties imposed at sentencing. This Special Assessment isdue and payable at the time of the execution of the plea agreement.

MAKE CHECK OR MONEY ORDER PAYABLE TO:α ER氏臥SD∬ 四いCr Cθ駅 7

PAYMENT SHOULD BE SENT TO:Clerk,U.So District Court

Matthew Jo Perry,Jre Courthouse

901 Richland Street

Columbia,SC 29201

0R HAND DELIVEMD TO:Clerk's Ofrlce

Matthew J.Perry,Jro Courthouse901 Richland Street

Columbia,SC 29201(Ⅳ 10n。 _F」 .8:30a.m。 -4:30p.m。)

″に比υDE DEFttDA/VrSノV/MEOⅣ C〃ECκ ORルイじヽ L/ORDER⊂ とθノVθ′s″′″εαsυ

εンヽ/(LOSE「HISCθυ′OA/πO[NSυRE′ROPER α″〃PRO/7Pr/P′ι′(ア r/OⅣ οFP月ピME/vπ

ACCOUNT INFORMATION

CRIMoACT10N NO.:

DEFENDANT'SNAME: GAIL SHURLINGPAY THIS AMOUNT: $100。 00

PAYMENT DUE ON ORBEFORE:

(date plea agreement signed)

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general provisions - fitsnews · 2019. 2. 26. · 2015 ′ between the ... 3:15-cr-00329-cri date...

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