Goethe

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ANDRÉ BIROTTE JR.United States AttorneyCHRISTINE C. EWELLAssistant United States AttorneyChief, Criminal DivisionJOSEPH N. AKROTIRIANAKIS (Cal. Bar No. 197971)CHERYL O'CONNOR MURPHY (Cal. Bar No. 173897)Assistant United States Attorneys1100 United States Courthouse312 North Spring StreetLos Angeles, California 90012Telephone: (213) 894-2467/0759Facsimile: (213) 894-6269Email: joseph.akrotirianakis@usdoj.govAttorneys for PlaintiffUNITED STATES OF AMERICAUNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIAUNITED STATES OF AMERICA,Plaintiff,v.GARY EUGENE GOETHE,Defendant.)))))))))))No. CR 09-748-GAF

PLEA AGREEMENT FOR DEFENDANTGARY EUGENE GOETHE

1.This constitutes the plea agreement between Gary EugeneGoethe (“defendant”) and the United States Attorney's Office forthe Central District of California ("the USAO") in the above-captioned case. This agreement is limited to the USAO and cannotbind any other federal, state or local prosecuting,administrative or regulatory authorities.PLEA2.Defendant agrees to plead guilty to counts five, six,seven, eight, nine, and ten of the indictment in United States v.Gary Eugene Goethe, No. CR 09-748-GAF.

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2NATURE OF THE OFFENSE3.In order for defendant to be guilty of a violation ofTitle 18, United States Code, Section 1951(a), AttemptedExtortion Under Color of Official Right, as charged in each ofcounts five, six, seven, and eight, the following must be true:(1) Defendant was a person acting under official right; (2)Defendant intended to obtain property to which he knew he was notentitled; (3) Defendant knew that the property would be given inreturn for taking or withholding some official action; (4)Commerce or the movement of an article or commodity in commercefrom one state to another would have been affected in some way;and (5) Defendant did something that was a substantial steptoward committing the crime of extortion under color of officialright. Defendant admits that defendant is, in fact, guilty ofthe offenses described in counts five, six, seven, and eight ofthe indictment.4.In order for defendant to be guilty of a violation ofTitle 18, United States Code, Section 666(a)(1)(B): Theft orBribery Concerning Programs Receiving Federal Funds, as chargedin each of counts nine and ten, the following must be true: (1)Defendant was an agent of a state or local government, or anyagency of that government; (2) Defendant solicited, demanded,accepted or agreed to accept anything of value from anotherperson; (3) Defendant did so corruptly with the intent to beinfluenced or rewarded in connection with some business,transaction, or series of transactions of a state or localgovernment, or any agency of that government; (4) The business,transaction, or series of transactions involved any thing of a

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3value of $5,000 or more; and (5) The state or local government,or any agency of that government, in a one year period, receivedbenefits of more than $10,000 under any federal program involvinga grant or other assistance. Defendant admits that defendant is,in fact, guilty of the offenses described in counts nine and tenof the indictment.PENALTIES5.The statutory maximum sentence that the Court canimpose for each violation of Title 18, United States Code,Section 1951(a), Attempted Extortion Under Color of OfficialRight, is: 20 years imprisonment; a five-year period ofsupervised release; a fine of $250,000 or twice the gross gain orgross loss resulting from the offense, whichever is greatest; anda mandatory special assessment of $100. The statutory maximumsentence that the Court can impose for each violation of Title18, United States Code, Section 666(a)(1)(B), Theft or BriberyConcerning Programs Receiving Federal Funds, is: 10 yearsimprisonment; a three-year period of supervised release; a fineof $250,0000 or twice the gross gain or gross loss resulting fromthe offense, whichever is greatest; and a mandatory specialassessment of $100. Therefore the total maximum sentence theCourt could impose based upon defendant's guilty pleas is: 100years imprisonment; a five-year period of supervised release; afine of $1,500,0000 or twice the gross gain or gross lossresulting from the offense, whichever is greatest; and amandatory special assessment of $600.6.Supervised release is a period of time followingimprisonment during which defendant will be subject to various

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