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Frederic Pierucci Plea Agreement

Frederic Pierucci Plea Agreement

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Published by Mike Koehler
Frederic Pierucci Plea Agreement
Frederic Pierucci Plea Agreement

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Categories:Business/Law
Published by: Mike Koehler on Aug 01, 2013
Copyright:Attribution Non-commercial

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03/13/2014

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U.S. Department
of
Justice
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Connecticut
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Center Telephone: (203)82
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Stanley
A.
Twardy, Esq.Elizabeth
A.
Latif, Esq.Day Pitney
LLP
242 Trumbull StreetHartford, CT 06103
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July 29,2013
Re:
United States
v.
Frederic PierucciCriminal
No.3:
12CR23 8(JBA)Dear Attorneys Twardy and Latif:This letter confirms the plea agreement between your client, FredericPierucci (the"defendant"), and the Department
of
Justice, Criminal Division, Fraud Section and theUnited States Attorney's Office for the District
of
Connecticut (collectively, the"Government") concerning the referenced criminal matter.
THE PLEA AND OFFENSE
The defendant agrees
to
plead guilty
to
Count One -conspiracy to violate theForeign Corrupt Practices Act ("FCPA"), in violation
of
18
U.S.C.
§
371
-and.Count Two-violating the FCPA, in violation
of
15
U.S.C. § 78dd-2 -
of
the Superseding Indictment inthe above-referenced case. He understands that, to be guilty
of
these offenses, thefollowing essential elements
of
the offense must be satisfied:Count One
1.
An unlawful agreement between two or more individuals toviolate the Foreign Corrupt Practices Act existed; specifically, to willfullymake use
of
the mails and means and instrumentalities
of
interstate commercecorruptly in furtherance
of
an offer, payment, promise to pay, andauthorization
of
the payment
of
any money, offer, gift, promise to give, andauthorization
of
the giving
of
anything
of
value, to a foreign official, and to aperson, while knowing that all or a portion
of
such money and thing
of
valuewould be and had been offered, given, and promised to a foreign official, forpurposes of: (i) influencing acts and decisions
of
such foreign official
in
hisor her official capacity; (ii) inducing such foreign official to do and omit
todo
acts in violation
of
the lawful duty
of
such official; (iii) securing an improperadvantage; and (iv) inducing such foreign official to use his or her influence
Case 3:12-cr-00238-JBA Document 46 Filed 07/29/13 Page 1 of 9
 
July
29,
2013 Letter
to
Stanley
A.
Twardy, Esq.
and
Elizabeth
A.
Latif, Esq.Page
2
0/9
with a foreign government and agencies and instrumentalities thereof
to
affectand influence acts and decisions
of
such government and agencies andinstrumentalities, in order
to
assist defendant and his co-conspirators inobtaining and retaining business for and with, and directing business to, theiremployer and others;
2.
The defendant knowingly and willfully entered that conspiracy;
3.
One
of
the members
of
the conspiracy knowingly committed atleast one
of
the overt acts charged in the Superseding Indictment; and
4.
The overt acts were committed to further some objective
of
theconspIracy.Count Two
1.
The defendant was a domestic concern, or an officer, director, employee, oragent
of
a domestic concern;
2.
The defendant acted corruptly and willfully;
3.
The defendant made use
of
the mails or any means or instrumentality
of
interstate commerce
in
furtherance
of
conduct that violates the FCP
A;
4.
The defendant offered, paid, promised to pay, or authorized the payment
of
money, or offered, gave, promised to give, or authorized the giving
of
anything
of
value;
5.
The payment or gift at issue was to a foreign official, or was
to
any person whileknowing that all or a portion
of
such money or thing would be offered, given, or promised(directly or indirectly) to a foreign official;
6.
The payment or gift at issue was intended for at least one
of
four purposes:(a) to influence any act or decision
of
the foreign official in his or herofficial capacity;(b) to induce the foreign official to
do
or omit to
do
any act in violation
of
that official's lawful duty;(c) . to secure any improper advantage; or(d) to induce that foreign official to use his or her influence with a foreigngovernment or department, agency, or instrumentality thereof
to
affect orinfluence any act or decision
of
such government, department, agency, orinstrumentality; and
7.
The payment or gift was intended
to
assist the defendant in obtaining or
Case 3:12-cr-00238-JBA Document 46 Filed 07/29/13 Page 2 of 9
 
July
29,
2013 Letter to Stanley A.Twardy,
Esq.
and Elizabeth
A.
Latif
Esq.Page
3
0/9
retaining business for or with,
or
directing business to, any person or company.In addition, as a member
of
the conspiracy charged in Count One described above, thedefendant is guilty
of
Count Two described above if:
1.
The crime charged in Count Two was committed;
2.
Persons who actually committed the crime charged in Count Two were members
of
the conspiracy;3. The crime charged in Count Two was committed pursuant to the common planand understanding existing among the conspirators;4. The defendant was a member
of
the conspiracy at the time the crime charged inCount Two was committed; and
5.
The defendant could have reasonably foreseen that the crime charged in CountTwo might be committed
by
his co-conspirators.
THE PENAL TIES
Count One carries a maximum penalty
of
5 years imprisonment and a $250,000fine. Count Two carries a maximum penalty
of
5 years imprisonment and a $100,000 fine.In addition, under
18
U.
S.c.
§ 3583, the Court may impose a term
of
supervised release
of
not more than 3 years to begin at the expiration
of
any term
of
imprisonment. Thedefendant understands that, should he violate any condition
of
the supervised release, hemay be required to serve a further term
of
imprisonment
of
up to 2 years,with no creditfor time already spent on supervised release.The defendantalso
is
subject to the alternative fine provision
of
18
U.S.C. § 3571.Under this section, the maximum fine that may be imposed on the defendant is the greatest
of
the following amounts:(1) twice the gross gain to the defendant resulting from the offense; (2)twice the gross loss resulting from the offense; or (3) $250,000 for Count One and $100,000 forCount Two.
In
addition,the defendant is obligated by
18
U.S.C. § 3013 to pay a special assessment
of
$100
on
each count
of
conviction. The defendant agrees to pay the special assessment to theClerk
of
the Court on the day the guilty pleas are accepted.
THE SENTENCING GUIDELINES
ApplicabilityThe defendant understands that the Court is required to consider any applicableSentencing Guidelines as well as other factors enumerated in
18
U.S.C.§ 3553(a) to tailor anappropriate sentence in this case and is not bound by this plea agreement. The defendantagrees that the Sentencing Guideline determinations will be made by the Court, by a
Case 3:12-cr-00238-JBA Document 46 Filed 07/29/13 Page 3 of 9

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