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INTHE
U
NITED
STATES
ISTRIC
TCOURT
FORTHE
~
'
m
S
T
E
R
N
DISTRICT
O
~
NEviYORK UNITEDSTATESOF.
I.
!1ERICA,
v.
MA
RK
CONGI,
Defendant,
PLEAAGR
EEMENT
02-CR-73'-.II
(1)
LE
The
de
f
e
ndarir;,
~
·
!
A
.
K
CONGr
,
an
dtheUnited
St
at.
es
Att
o
rn
eyfor
theNestern
Di
t
ri.c
t.
of
1
1e\:/
Yo
rk
(he
re
i
na
f
t
er,
"r.he
governm
en
t")herebyen
ter
in
toaplen
agreeme
ntwit.h
th
etermsand
c
on
d
it
'ons
as
s
et
out
below.
I.THEPLEA
. ~
POSSI
BLESENTENCE
1.
T
he
def
end
antagrees
~
o
p
,ead
g
uilt
y
~
o
Count
One
of
the
Se
co
nd
Superse
di
ng
Indictme
nt
(h
ereinaft
er
,
"Indicmerit;
11
),
wh
i
ch
co
un.
charg
es
av
io
a-ion
I
Ti
tl
e
18
,
United
St
at
esCo
ce
,
Sect
ion
19
62
(d)
(::<.acke
'eeri
!1
Conspirac
y)
and
whi
ch
ca
rries
a
ma
xi
mum
po
ssi1esent
en
ce
of
a.
-erm
of
imprisonmentof
20
years,a
fi
ne
of
v
$800,000,
or
both
,ama
nd
cory$_00specialassessm
en
t,
an
da
te
rm
of
s
p e r v i
s
e
~
reo
e
a
s ~
up
to
J
ye
ar
s.ThedeZenda
nt
u
nd
e
rs
tand
s
GOVERNMENT
EXHIBIT
GJ-15
, ~
,J
~
" :
! t
:.
~
 
that
the
penalties
set
forth
in
this
paragraph
are
the
maximum
penalties
that
can
be
imposed
by
the
Court
at
sentencing.
2.
The
defendantunderstands
that,
with
respect
to
both
property
damage
and
bodily
injuries
caused,
directly
or
indirectly,
by
the
defendant
the
Court
must
require
restitution
in
an
amount
to
be
determined,
but
in
no
event
greater
than
$400,000,
which
is
to
be
paid
to
the
victims
or,
where
such
losses
have
been
paid
by
insurance
carriers,
to
the
carriers,
as
part
of
the
sentencepursuant
to
Sentencing
Guidelines
§
SE1.l
and
Title
18,
United
States
Code,
Section
3663A.
3.
The
defendantunderstands
that,
if
it
is
determined
that
.
the
defendant
has
violat:ed
any
of
the
terms
or
conditions
of
supervised
release,
the
defendant
may
be
required
to
serve
in
prison
all
or
pareof
the
term
of
supervisedrelease(
up
to
2
years,
without
credit
for
time
previouslyserved
on
supervised
release.
As
a
consequence,
in
theevent
the
defendant
is
sentencedto
the
maximum
term
of
incarceration,
a
prison
term
imposed
for
a
violation
ofsupervised
release
may
resultin
the
defendant
serving
a
sentenceof
imprisonment
longer
than
the
statutory
maximum
set
forthin
paragraph
1
of
this
agreement.
-2-
 
II.
SENTENCINGGUIDELINES
4.
The
defendantunderstands
that
the
Court
must
consider
but
is
not
boundby
the
Sentencing
Guidelines
(sentencing
ReformAct
of
1984).
ELEMENTSOFTHECRIME
5.
The
defendantunderstands
the
natureof
theoffense
set
forth
in
paragraph
1
of
this
agreementand
understands
that
if
this
case
proceeded
to
trial,
the
governmentwould
be
requiredto
prove
beyond
a
reasonable
doubt
the
followingelements
of
the
crime:
a.
that
thedefendant
and
othersentered
into
the
unlawful
agreement
charged
inthe
Indictment
(that
is,
agreeing
to
violate
18
U.S.C.§1962(c)
by
agreeing
with
others
to
conduct
and
participate,
directly
and
indirectly,in
the
conduct
of
the
affairs
of
an
enterprise
through
a
pattern
of
racketeeringactivitYi
and
more
specifically,
that
the
defendant
and
others
would
commit
mul
t
iple
acts
of
extort
ion
on
behalf
of
the
Local
91
Criminal
Enterprise
defined
in
paragraph
1
of
theIndictment);
b.
that
the
defendant
knowingly
and
willfully
became
a
member
of
the
conspiracy;
and
-3
-
of 00

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