patrick joseph doj plea agreement feb 8 2012

8/2/2019 Patrick Joseph DOJ Plea Agreement Feb 8 2012

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO. 09-CR-21010(s)(s)

UNITED STATES OF AM ERICA,Plaintiff,

PATRICK JOSEPH,

Defendant.PLEA AGREEM ENT

The United States of America and PATRICK JOSEPH (hereinafter referred to as theCidefendanf') enter into the following agreement:

The defendant agrees to plead guilty to Count 8 of the Second SupersedingIndictment charging him with Conspiracy to Conzm it M oney Laundering in violation of Title l 8

,United States Code, Section 1956(h).

imposed by the Court afterconsidering the Federal Sentencing Guidelines and Policy Statements (hereinafter EEsentencingGuidelines''). The defendantacknowledges and understandsthatthe Courtwill compute an advisorysentence under the Sentencing Guidelines and that the applicable guidelines will be ctetermined bythe Court relying in pal4 on the results of a Pre-sentence Investigation by the Court's probation

The defendant is aware that the sentence will be

office, which investigation will commence after the guilty plea has been entered. The defendant isalso aware that, under certain circumstances,the Court may depart from the advisory sentencingguideline range that it has computed, and may raise or lower that advisol.y sentence under the

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Case 1:09-cr-21010-JEM Document 706 Entered on FLSD Docket 02/08/2012 Page 1 of 11


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Sentencing Guidelines.The defendant is further aware and understands that the Court is requiredto consider the advisory guideline range detenuined under the Sentencing Guidelines,but is notbound to impose a sentence within that advisory range; the Court is permitted to tailor the ultimatesentence in light of other statutory concerns, and such sentence may be either more severe or lesssevere than the Sentencing Guidelines' advisory range. Knowing these facts, the defendantunderstands and acknowledges that the Court has the authority to impose any sentence within andup to the statutory maximum authorized by law for the offense identiied in paragraph 1 and that thedefendant may not withdraw the plea solely as a result of the sentence imposed.

The defendant also understands and acknowledges that the Court may impose astatutory maximum term of imprisonment of up to twenty (20) years' imprisonment, followed bya term of supervised release of up to three (3) years. In addition to a term of imprisonment andsupelwised release, the Court may impose a fine of not more than $500,000, or twice the value ofthe property involved in the transaction, whichever is greater,and may impose restitution. Thedefendant is also subject to a forfeiturejudgment, as more fully described in paragraphs 15 fhrough20 below.

4. The defendant furtherunderstands and acknowledgesthat,in additionto any sentenceimposed under paragraph 3 of this agreement, a special assessment in the amount of $100.00 willbe im posed on the defendant. The deftndant agrees that any special assessm ent imposed shall bepaid at the time of sentencing. lf a defendant is financially unable to pay the special assessment,thedefendant agrees to present evidence to the Government and the Court at the time of sentencing asto the reasons for the defendant's failure to pay.



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The Office of the United States Attorney for the Southern District of Florida and theUnited States Department of Justice,Criminal Division, Fraud Section (hereinafter ithe Offices'')reserve the right to infol'm the Court and the probation office of a11 facts pertinent to the sentencingprocess, including al1 relevant information concerning the offenses comm itted,whether charged ornot, as well as concerning the defendant and the defendant's background. Subject only to theexpress tenm of any agreed-upon sentencing recommendations contained in this agreement,theOffices further reserve the right to make any recommendation as to the quality and quantity ofpunishment.

6. The Offk es agree that they will recommend at sentencing that the Court reduce bytwo levels the sentencing guideline level applicable to the defendant's offense,pursuant to Section3El .1(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative andtimely acceptance of personal responsibility. If at the time of sentencing the defendant's offenselevel is determined to be 16 or greater, the Offk es will file a motion requesting an additional onelevel decrease pursuantto Section 3E1.l(b) of the Sentencing Guidelines, stating that the defendanthas assisted authorities inthe investigation orprosecution ofhis ownmisconductby tim ely notifyingauthorities of his intentionto enter aplea of guilty,thereby permitting the Offkes to avoid prtparingfor trial and permitting the government and the Court to allocate their resources eftk iently.TheOffices, however, will not be required to make this m otion and this recommendation if thedefendant: (l) fails or refuses to make a full, accurate, and complete disclosure to the probationoffice of the circumstances surrounding the relevant offense conduct; (2) is found to havemisrepresented facts to the government prior to entering this plea agreement; or (3) commits any

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misconduct after entering into this plea agreement,including but not limited to comm itting a stateor federal offense, violating any term of release,or m aking false statements or m isrepresentationsto any governmental entity or official.

The defendant agrees that he shall cooperate fully with the Offices by: (a) providingtruthful and complete information and testimony, and producing documents, records and otherevidence, when called upon by the Offices, whether in interviews,before a grandjury, or at any trialor other Court proceeding; (b) appearing at such grandjua proceedings, hearings, trials, and otherjudicial proceedings, and at meetings, as may be required by the Oftkes; and (c) if requested by thebffices, working in an undercover role under the supervision of, and in compliance with, lawenforcement officers and agents. In addition,the defendant agrees that he will not protect anyperson or entity through false information or omission,that he will not falsely implicate any personor entity, and that he that he will not comm it any further crimes.

8. The Offices reserve the right to evaluate the nature and extent of the defendant'scooperation and to m akt that cooperation, or lack thereof,known to the Court at the time ofsentencing. lf in the sole and unreviewablejudgment of the Ofsces the defendant's cooperation isof such quality and significance to the investigation or prosecution of other crim inal matters as towarrant the Court's downward departure from the advisory sentencing range calculated under theSentencing Guidelines and/or any applicable minim um mandatory sentence,the Oftsces may makea motion prior to sentencing pursuant to Section 5K 1.l of the Sentencing Guidelines and/or Title18, United States Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 of theFederal Rules of Criminal Procedure, informing the Court that the defendant has providedsubstantial assistance and recommending that the defendant's sentence be reduced. The defendant

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understands and agrees, however,that nothing in this agreement requires the Offices to file any suchmotions, and that the Oftsces' assessment of the quality and significance of the defendant'scooperation shall be binding as it relates to the appropriateness of the Offices' filing or non-tslingof a m otion to reduce sentence.

9. The defendant understands and acknowledges that the Court is under no obligationto grant a motion for reduction of sentence filed by the governm ent ln addition, the defendantfurther understands and acknowledges that the Court is under no obligation of any type to reduce

the defendant's sentence because of the defendant's cooperation.10. The Offices and the defendant agree that, although not binding on the probation

office or the Courq they will jointly recommend that the Court make the following findings andconclusions as to the sentence to be imposed:

a. Applicable Guidelines M anual: That the current United States SentencingComm ission Guidelines M anual in effect governs the defendant's sentencing in this case.

b. Applicable Guideline Offense and Base Offense Level: That the amount offunds within the scope of criminal activity the defendant agreed to jointly undertake, for purposesof Sections 2S1.1 and 2B1.1 of the Sentencing Guidelines,is $2,349,399.02.

c. lnternational Nature of Offense: That a substantial part of the fraudulentscheme was committed outside the United States,for pumoses of Section 2B1.1(b)(9)(B).

d. Guideline Calculation: That the defendant's U.S.S.G. calculation should becalculated as follows:

j 2S1.1(a)(1) Base offense level (incorporating the offense



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j 25 l .l(b)(2)(B) Convicted under 18 U.S.C. j 1956..............2

tlll ffen S e evel.............................................................2 tiAcceptance of Responsibility: That,if the Offices, in their discretion, make

the motion and the recomm endation set forth in paragraph six,the total offense level will be 23.l 1 . The Offices and the defendant agree that, although not binding on the probation

office or the Court, they will jointly recommend that the Court impose a sentence within theadvisory sentencing guideline range produced by application of the Sentencing Guidelines.Although not binding on the probation offke or the Court,the Oftk es and the deftndant furtheragree that, except as otherwise exgressly contemplated in this Plea Agreement,they will jointlyrecommend that the Court neither depart upward nor depart downward under the SentencingGuidelines when detennining the advisory sentencing guideline range in this case.

The defendant is aware that the sentence has not yet been determined by the Court.The defendant also is aware that any estimate of the probable sentencing range or sentence that thedefendant may receive, whetherthat estimate comes from the defendant's attorney,the government,or the probation office, is a prediction, not a prom ise, and is not binding on the government,theprobation office, or the Court. The defendant understands further that any recomm endation that thegovernment makes to the Court as to sentencing, whether pursuant to this Agreement or otherwise,is not binding on the Court and the Court may disregard the recommendation in its entirety. Thedefendant understands and acknowledges, as previously acknowledged in paragraph 2 above,thatthe defendant may nof withdraw his plea based upon the Court's decision not to accept a sentencing

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recommendationmade bythe defendant, the government,or arecommendation madejointly by boththe defendant and the government

13. In the event the defendant withdraws from this Agreement prior to or after pleadingguilty to the charge identified in paragraph 1 above,or otherwise fails to fully comply w ith any ofthe terms of this Plea Agreement, the Offices will be released from its obligations under thisAgreemtnt, and the defendant agrees and understands that: (a) he thereby waives any protectionafforded by the proffer letter agreements bdween the parties dated June 23,2009, and October 14,20l l , Section 1Bl .8 of the Sentencing Guidelines,Rule l 1(t) of the Federal Rules of CriminalProcedure, and Rule 410 of the Federal Rules of Evidence,and that any statements made by him aspal4 of plea discussions, any debriefings or interviews,or in this agreement, whether made prior toor after the execution of this Agreement, will be admissible against him without any limitation inany civil or criminal proceeding brought by the government; (b) the defendant's waiver of anydefense based onthe statute of limitations or any other defense based onthe passage of time in Glingan indictment or information, referred to herein, shall remain in full force and effect; and (c) thedefendant stipulates to the admissibility and authenticity,in any case brought by the United Statesin any way related to the facts referred to in this Agreement, of any documents provided by thedefendant or his representatives to any state or federal agency and/or the Offices.

The defendant hereby knowtngly and voluntarily waives any defense based on thestatute of lim itations or any other defense based on the passage of time in filing an indictment orinformation against the defendant witk respect to any criminal offense in connection with thedefendant criminal conduct under the Second Superseding lndictment



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15. The defendant agrees to forfeit to the United States, in the fol'm of moneyjudgmentagainst him: the sum of $955,596.69 in United States currency.

l6. The defendant agrees that the above-listed property, the sum of $955,596.69 inUnited States currency, constitutes an amount of proceeds derived from or traceable to theconspiracy to comm it money laundering, in violation of Title 18, United States Code, Section 1956,to which the defendant has pled guilty, or is a substitute asset in lieu of property subjectto forfeiture,and that the above-listed property is, therefore, subject to forfeiture pursuant to Title 21, UnitedStates Code, Section 853(p) as incorporated by Title l8, United States Code, Section 982(b)(1) andTitle 28, United States Code, Section 2461(c).

The defendant agrees to waive all interest in the property listed above for forfeiturein any administrative orjudicial forfeiture proceeding, whether criminal or civil, state or federal.The defendant agrees to consent to the entry of orders of forfeiture for the property listed above andwaives the requirements of Federal Rules of Crim inal Procedure 32.2 and 43(a) regarding notice ofthe forfeiture in the charging instrument,announcement of the forfeiture at sentencing, andincorporation of the forfeiture in the judgment. The defendant acknowledges that he understandsthat the forfeiture of assets is part of the sentence that may be imposed int his case and waives anyfailure by the Court to advise him of this, pursuant to Federal Rule of Criminal Procedurel 1(b)(1)(J), at the time his guilty plea is accepted. The defendant further agrees to waive a1lconstitutional and statutory challenges in any manner (including direct appeal, habeas corpus, or anyother means) to any forfeiture carried out in accordance with this agreement on any grounds,including thatthe forfeiture constitutes an excessive fine orpunishm entorthat itviolates the Ex PostFacto Clause of the Constitution. The defendant agrees to take all steps as requested by the United

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States to pass clear title to the forfeitable assets to the United States,and to testify truthfully in anyjudicial forfeiture proceeding.

1 8. The defendant further agrees to waive any applicable time limits for the initiation ofadministrative forfeiture and/or any further notitkation of any judicial or administrative forfeitureproceedings brought against the said assets. The defendant agrees to specifically waive any appealfor the forfeiture.

The United States agrees that it will deem the defendant's money judgment to theUnited States satisfied if the United States collects,from other co-conspirators, the full value of theproceeds derived from the conspiracy to which the defendant has agreed to plead guilty. The partiesagree that the proceeds derived from the conspiracy may include more than the moneyjudgment to

, be entered in the defendant's case.20. The defendant knowingly and voluntarily agrees to waive any claim or defense he

may have under the Eighth Am endment to the United States Constitution,including any claim ofexcessive fine or penalty with respect to the forfeited assets.

21. The dtfendant is aware that Title 18, United States Code, Sedion 3742,and Title 28,United States Code, Section 1291 , afford the defendant the right to appeal the sentence imposed inthis case. Acknowledging this, in exchange for the undertakings made by the Offices in this PleaAgreement, the defendant hereby waives al1 rights conferred by Sections 3742 and 1291 to appealany sentence imposed, including any restitution order, orto appeal the manner in which the sentencewas imposed, unless the sentenct exceeds the maximum permitted by statute or is the result of anupward departure and/or an upward variance from the advisory guideline range that the Courtestablishes at sentencing. The defendant further understands that nothing in this Agreement shall

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affect the government's right and/or duty to appeal as set forth in Title 18, United States Code,Section 3742*), and Title 28, United States Code, Section 1291. However, if the Oftkes appealthe defendant's sentence pursuant to Sections 3742419 and 1291, the defendant shall be releasedfrom the above waiver of appellate rights. By signing this Agreement, the defendant acknowledgesthat he has discussed the appeal waiver set forth in this Agreement with the defendant's attorney.The defendant further agrees, together with the Offices, to request that the Court enter a specificfinding that the defendant's waiver of the defendant's right to appeal the sentence to be imposed inthis case was knowing and voluntary.

The defendant recognizes that pleading guilty may have consequences with respectto the defendant's immigration status if the defendant is not a citizen of the United States. Underfderal law, a broad range of crimes are removable offenses, including the offense to whichdefendant is pleading guilty. lndeed, because defendant is pleading guilty to conspiracy to commitmoney laundering, removal is presumptively mandatory. Removal and other imm igrationconsequences are the subject of a separate proceeding, however, and the defendant understands thatno one, including the defendant's attorney or the Court, can predict to a certainty the effect of thedefendant's conviction on the defendant's immigration status. The defendant nevertheless affirmsthat the defendant wants to plead guilty regardless of any immigration consequences that thedefendant's plea may entail, even if the consequence is the defendant's automatic removal from theUnited States.

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23. This is the entire agreement and understanding between the Offices and thedefendant. There are no other agreements, promises, representations, or understandings.

W IFREDO A. FERRERUNITED STATES ATTORNEYDENIS J. M CINERNEYChief, Fraud SectionCriminal Division

)' ,y: Z''k - ,'JtES M . KOUKIOS'or Trial AttorneyDAN IEL S. IQAHNTrial AttorneyFraud Section, Crim inal DivisionU.S. Departlment of Justice

By:CHARD O.DANSOHAttorney for Defendant

B :PATRICK JOefen

By:GUY A . LEW ISAttorney for Defendant

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patrick joseph doj plea agreement feb 8 2012

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