IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF OHIOEASTERN DIVISIONUNITED STATES OF AMERICA,)CASE NO. 5:09CR374)Plaintiff,)JUDGE DONALD C. NUGENT)v.))FRANK M. PIGNATELLI,)GOVERNMENT’S SENTENCING) MEMORANDUMDefendant.) Now comes the United States of America, by and through counsel, Steven M. Dettelbach,United States Attorney, and Robert E. Bulford, Assistant United States Attorney, and respectfullyfiles this Sentencing Memorandum to assist the court on the sentencing of the defendant.Respectfully submitted,STEVEN M. DETTELBACHUnited States AttorneyBy: s/Robert E. BulfordRobert E. BulfordAssistant U.S. AttorneyReg. No. 0014679801 West Superior Avenue, Suite 400Cleveland, Ohio 44113(216) 622-3774Fax: (216) 522-7499Robert.Bulford@usdoj.gov

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MEMORANDUM

Frank M. Pignatelli pleaded guilty to a one count information charging him withconspiracy to launder monetary instruments. Pursuant to the plea agreement, as read in Court atthe plea hearing, on September 25, 2009, the Government and defendant agree and stipulated thatthe applicable advisory Sentencing Guideline provisions are §§ 2S1.1(a)(2), 2B1.2(1)(h), and2S1.1(b)(2)(B). The final advisory sentencing offense level is 22. The government agrees thatthe defendant is entitled to a three level reduction in his offense level for Acceptance of Responsibility pursuant to U.S.S.G. §§ 3E1.1(a) and (b). With that reduction the defendant’sadvisory Sentencing Guideline offense level is 19. The calculations in the Presentence Reportagree with these stipulations. The Government has agreed to move the Court for a reduction inthe offense level five levels for Substantial Assistance, pursuant to U.S.S.G. § 5K 1.1, provided by Mr. Pignatelli in regards to the investigation and prosecution of others. The government has provided the Court with a description of that cooperation. Should the Court agree and credit thedefendant with a five level reduction, the final offense level will be fourteen (14) . Thesentencing range here is 15-21 months. It is the government’s position that the defendant shouldreceive a sentence within that advisory sentencing Guideline Range.18 U.S.C. § 3553(a) provides;

(a) Factors to be considered in imposing a sentence.

- The court shall impose asentence sufficient, but not greater than necessary, to comply with the purposesset forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider– (1) the nature and circumstances of the offense and the history and characteristicsof the defendant-(2) the need for the sentence imposed(A) to reflect the seriousness of the offense, to promote respect for the law,and to provide just punishment for the offense;(B) to afford adequate deterrence to criminal conduct;(C) to protect the public from further crimes of the defendant; and(D) to provide the defendant with needed educational or vocational

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3training, medical care, or other correctional treatment in the most effectivemanner;(3) the kinds of sentences available;(4) the kinds of sentences and the sentencing range established for– (A) the applicable category of offense committed by the applicablecategory of defendant as set forth in the guidelines issued by the SentencingCommission pursuant to section 994(1) of Title 28, United States Code,and that are in effect on the date the defendant is sentenced; or (B) ---------(5) any pertinent policy statement issued by the Sentencing Commission pursuantTo 28, United States Code, 994(a)(2) that is in effect on the date the defendantis sentenced;(6) the need to avoid unwarranted sentence disparities among defendants withsimilar records who have been found guilty of similar conduct; and(7) the need to provide restitution to any victims of the offense.The nature and circumstances of the offense, Conspiracy to Launder MonetaryInstruments, here involves the defendant, an attorney, explaining to members of an ongoing drugtrafficking conspiracy a method by which they could take drug trafficking proceeds and funnelthem through an antique and artifacts business. He gave suggestions on how they could “clean”the proceeds of an unlawful activity. Advice that would help them take proceeds of drugtrafficking and make them appear to be from legitimate business activity. The defendant is welleducated and was at the time of the offense a practicing attorney. A great portion of his law practice was criminal defense work.A criminal defense lawyer is tasked to zealously defend his clients against criminalcharges. He is to work to ensure that all of his client’s rights are protected. Defense attorney’smust preform that function to guard the integrity of the criminal justice system. When anattorney advises a person about how to commit a crime and or how to commit it in such a way asto better avoid detection by law enforcement, that attorney steps out of the role of an attorney andinto a criminal mix as a conspirator. That action perverts the criminal justice system andthreatens its foundation.