hat the property had a value of $5,000 or more; and
Fifth: That the agency, in a one year period, received benefits of more than $10,000
under any Federal program involving a grant, contract subsidy, loan, guarantee,
insurance or other assistance. The one year period must begin no more than 12
months before the defendant committed these acts and must end no more than 12
Under Title 18, United States Code, Section 2, Defendant "aids and abets" a person if
the Defendant intentionally joins with the person to commit a crime.
Defendant is criminally responsible for the acts of another person if the Defendant
aids and abets the other person. Defendant is also responsible if Defendant
willfully directs or authorizes the acts of an agent, employee, or other associate.
But finding that Defendant is criminally responsible for the acts of another person
requires proof that Defendant intentionally associated with or participated in thecrime - not just proof that Defendant was simply present at the scene of a crimeor knew about it. In other words, a jury must find beyond a reasonable doubt that
Defendant was a willful participant and not merely a knowing spectator.
** ** * *** * ** * ** ** * ** ** ** * ** * ** * ** ** ** * ** ** *** * ** * ** **
David H. Estes, Special Assistant United States Attorney, and Joseph L. Dean, Jr.,
attorney for the defendant, pursuant to Fed. R. Crim. P. ii (c)( 1 )(C), have, with the authorization
of the undersigned defendant, heretofore entered into discussions with a view towards reaching a
pretrial conclusion of the charges pending in the Indictment and a Plea Agreement has beenreached by said parties in the following respects. The plea is being submitted to the Court
pursuant to Fed. R. Crim. P. 1 1(c)(1)(C), and the parties understand that, if the terms of the Plea
Agreement are not accepted by the Court, the defendant will be allowed to withdraw the
defendant's plea of guilty and proceed to trial. The parties further understand that, if at any time,
the defendant breaches this agreement, his guilty plea may not be withdrawn.
Case 2:12-cr-00211-MEF-WC Document 70 Filed 05/14/13 Page 2 of 16