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12345678910111213141516171819202122232425262728THOMAS P. O’BRIENUnited States AttorneyCHRISTINE C. EWELLAssistant United States AttorneyChief, Criminal DivisionDANIEL J. O’BRIEN (CA Bar Number 141720)STEPHEN I. GOORVITCH (CA Bar Number 199325)BRIAN E. KLEIN (CA Bar Number 258486)Assistant United States AttorneysMajor Frauds Section1100 United States Courthouse312 North Spring StreetLos Angeles, California 90012Email: daniel.obrien@usdoj.govTelephone: (213) 894-2468Facsimile: (213) 894-6269Attorneys for PlaintiffUnited States of AmericaUNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIAUNITED STATES OF AMERICA,Plaintiff,v.NAFTALI TZI WEISZ, et al.Defendant.))))))))))CR No. 06-775(C)-JFWPLEA AGREEMENT FORNAFTALI TZI WEISZ
I.INTRODUCTION
1.This constitutes the binding plea agreement in theabove-captioned case (the “Agreement”) between the United StatesAttorney’s Office for the Central District of California (“USAO”)and defendant Naftali Tzi Weisz (“defendant”). Except asspecified in sub-paragraph 22(B) below, which makes the non-prosecution provisions of this agreement binding on the USAO, theUnited States Attorneys Office for the Eastern District of NewYork (“EDNY”) and the United States Attorneys Office for the
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123456789101112131415161718192021222324252627282Southern District of New York (“SDNY”), this Agreement is limitedto the USAO and cannot bind any other federal, state or localprosecuting, administrative, enforcement, or regulatoryauthorities. This Agreement is entered into pursuant to FederalRule of Criminal Procedure 11(c)(1)(c).2.Defendant acknowledges that this Agreement is enteredinto as part of a “package deal” that involves (a) defendantpleading guilty to a certain charge pursuant to the terms of thisAgreement, (b) defendants Yeshiva Imrei Yosef (“YIY”), YaacovZeivald (“Zeivald”), Moshe Arie Lazar (“Lazar”), Yosef NachumNaiman (“Naiman”), and Alan Jay Friedman (“Friedman”) pleadingguilty to certain charges pursuant to the terms of separate pleaagreements, and (c) a case disposition agreement executed byrepresentatives of Spinka and all of its constituentorganizations, including Yeshivath Spinka (“YS”), Machne SvaRotzohn (“MSR”), Central Rabbinical Seminary (“CRS”), and MesivtaImrei Yosef Spinka (“MIYS”). Defendant and the USAO agree thatthis Agreement and the obligations it creates will not becomebinding on the USAO and defendant unless and until each of thedefendants YIY, Zeivald, Lazar, Naiman, and Friedman executes anddelivers to the USAO his/its respective plea agreement and entersa plea of guilty in accordance with such agreement; andauthorized representatives of all Spinka organizations, includingYS, MSR, CRS, and MIYS, execute and deliver to the USAO the casedisposition agreement. Should any one of the foregoing eventsnot occur, this Agreement will become null and void and theparties to it will be relieved of all of their obligations under
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123456789101112131415161718192021222324252627283it.3.Defendant acknowledges that he has directed hisattorney to negotiate this Agreement and the larger package dealof which it is a part; he has discussed with his attorney, andcarefully considered, the possible advantages and disadvantagesof entering into an agreement with the USAO that is part of thispackage deal; he is entering into this Agreement and the largerpackage deal freely and voluntarily; he is entering into thisAgreement and the larger package deal because he believes thisAgreement and the larger package deal to be in his bestinterests; and he is not entering into this Agreement or thelarger package deal because of threats, coercion, or other undueinfluence by the USAO, any of the other defendants, theircounsel, or anyone else.
II.FEDERAL RULE OF CRIMINAL PROCEDURE 11(c)(1)(C)
4.This Agreement is entered into pursuant to Federal Ruleof Criminal Procedure 11(c)(1)(C). The Court is not a party tothis Agreement and need not accept this Agreement. Prior to thedefendant being sentenced pursuant to this Agreement, the Courtwill advise the USAO and the defendant whether it agrees to bebound by the terms of this Agreement, and specifically whether itwill impose a sentence within the limitation established inparagraph 18.5.If the Court determines not to be bound by the terms ofthis Agreement prior to any of the defendants entering theirguilty pleas, then neither of the parties to this Agreement will
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