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James Ludwig Plea Agreement

James Ludwig Plea Agreement

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Published by: Jones, Walker on Feb 03, 2010
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02/03/2010

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- - - - ~ ~ .
IN THE lJNITED STATES DISTRICT COURlEo
I
PEN COURT
FOR THE DISTRICT OF KANSAS
2-(
oJ
T/MOT
, RIEN, CLERK
_._
_.
_._.
v-'
.......
...-
UNITED STATES OF AMERICA,
}
B Y [ > & P J ~ ~ ~ ; : t L .
__
}
Plaintiff,
}}
v.
}
No. 08-20019-01-CM
}
JAMES P. LUDWIG,
}}
Defendant.
}
PLEA AGREEMENT
The United States
of
America, by and through Assistant United States Attorney, MariettaParker, and James P. Ludwig, the defendant, personally and by and through defendant's counsel,Jason Billam, hereby enter into the following plea agreement pursuant to Rule 11
of
the FederalRules
of
Criminal Procedure:
1.
Defendant's
Guilty Plea. The defendant agrees to plead guilty to Count(s) Oneand Two
of
the Information charging a violation in Count One
of
Title 18, United States Code,§ 371, that is, conspiracy to commit wire fraud and money laundering and in Count Two
of
Title42
U.S.c.
§ 408, Social Security benefit fraud. By entering into this plea agreement, thedefendant admits to knowingly committing this offense, and to being guilty
of
this offense. The
defendan\
understands that the maximum sentence which may be imposed as to each count,
of
the information, Counts One and Two, to which the defendant has agreed to plead guilty is notmore than five (5) years
of
imprisonment, a $250,000 fine, three (3) years
of
supervised release,and a $100 mandatory special assessment.2.
Factual
Basis
forthe
Guilty Plea. The parties agree the facts constituting theoffense to which the defendant is pleading guilty are as follows:
Case 2:08-cr-20019-CM-DJW Document 14 Filed 04/21/2008 Page 1 of 11
 
r
Count One
During the period beginning on or about January
8,2004,
and continuing until onor about November
28,2005,
in the District
of
Kansas and elsewhere, thedefendant, knowingly and willfully conspired and agreed with other persons,including Carrie Neighbors, and others known and unknown to commit andconceal an offense against the United States, that is: to commit the crime
of
wirefraud in violation
of
Title 18, United States Code, Sections 1343 and 2 and moneylaundering in violation
of
Title 18, United States Code, Section 1956 and 2.
It
was part
of
the conspiracy that the defendant would steal various items,including tools, cameras and electronics, from retail establishments in the District
of
Kansas and elsewhere, would sell the stolen items to Carrie Neighbors andothers working at a business called Yellow House Quality Appliance in Lawrence,Kansas, where he would receive payment for the stolen items by check written onaccount No. XXXXX0223 held in the name
of
"Yellow House Quality ApplianceGuy or Carrie Neighbors" at the Commerce Bank in Lawrence, Kansas.Thereafter, the defendant would cash the check to disguise the nature and location
of
the proceeds obtained from the sale
of
the stolen property.
In
order to furtherdisguise the nature and location
of
those proceeds, the defendant would then usethe cash to pay bills or to purchase various items for his own use.
In
furtherance
of
the conspiracy and to effect the objects
ofthe
conspiracy, thefollowing acts, among others were committed in the District
of
Kansas andelsewhere:On or about the following dates, in Lawrence, Kansas and elsewhere, thedefendant, caused the transmission in interstate commerce by means
of
electroniccommunications electronic funds transfers from Commerce Bank in Kansas City,Missouri, to Commerce Bank in Lawrence, Kansas:
*
May 11,2004: $795, representing proceeds from check No. 12625 drawnon the Commerce Bank account
of
Yellow House Quality Appliance;
*
September 7,2004: $1,700, representing proceeds from check No. 13414drawn on the Commerce Bank account
of
Yellow House QualityAppliance
*
March 21, 2005: $1,025, representing proceeds from check No. 11822drawn on the Commerce Bank account
of
Yellow House QualityAppliance, and
2
Case 2:08-cr-20019-CM-DJW Document 14 Filed 04/21/2008 Page 2 of 11
 
*
November 25,2005: $1,780, representing proceeds from check No. 14109drawn on the Commerce Bank account
of
Yellow House QualityAppliance.The defendant stipulates and agrees that the cash payment he receivedwhen he negotiated each check represented proceeds from the sale on eachoccasion
of
stolen tools and cameras to Carrie Neighbors at Yellow House QualityAppliance. Thereafter, the defendant spent the proceeds from the sale
of
stolentools and cameras by using them to pay debts and to purchase items so that hecould disguise the nature and location
of
those proceeds.The defendant further stipulates and agrees that, as a result
of
his schemeand artifice, the he obtained approximately $102,000 in proceeds from YellowHouse Quality Appliance representing approximately 50%
of
the retail value
of
the stolen merchandise.
Count
Two
On or about March 5, 2004, the defendant applied for early Retirement andSurvivor's Insurance (RSI) benefits from the Social Security Administration. TheApplication for benefits signed by the defendant contained the following pertinentparagraph:I understand that SSA will use the earnings reported to SSA by
my
employer(s) and my self-employment tax return
(if
applicable) asthe report
of
earnings required by law, to adjust benefits under theearnings test. I also understand that it is my responsibility toensure that the information I give SSA concerning my earnings iscorrect. I also understand I must furnish additional information asneeded when my benefit adjustment is not correct based on theearnings on my record.Because the defendant was drawing RSI benefits before reaching his fullretirement age
of
65 years, 10 months, he was subject to the Social SecurityRetirement test for the period from March, 2004 through December, 2007. TheSocial Security Retirement test limits the amount
of
annual income a beneficiarymay earn prior to reaching full retirement age, which in the defendant's case was$11,640 for calendar year 2004, $12,000 for year 2005, and $12,480 for year2006.Between
May
6, 2004, and December 31, 2004, the defendant receivedincome in the amount
of
$68,641.30 from the sale
of
stolen merchandise toYellow House Quality Appliance and $28,145 between January
1,2005
and3
Case 2:08-cr-20019-CM-DJW Document 14 Filed 04/21/2008 Page 3 of 11

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