Case 3:10-cr-00060-VLB Document 191, Filed 08/03/10, Page 1 of 8 |S. Department of Justi¢e United States Attorney District of Connecticut Comecio FinaciolCoter 137 Church Sect (oy a2-3700 20a 1820 ax 203) 73-5376 [New Haven, Comneciew! 06510 sonashitaeooer August , 2010 Martin J. Minnella, Esq. Moynahan & Minnella, LLC 141 East Main Street PO Box 2242 Waterbury, CT 06722-2242 Re: United States v. Philip Negron 1 No. 3:10CR60(VLB) oo Dear Mr. Minnella: This letter confirms the plea agreement entered into between Your-élient, Phillip Negron (the “defendant”), and the United States Attorney's Office for the District of Connecticut (the "Government”) concerning the referenced criminal matter. THE PLEA AND OFFENSE The defendant agrees to plead guilty to Count Six of the First Superseding Indictment charging him with conspiracy to structure financial transactions with a domestic financial institution in violation of Title 31 U.S.C. §§ 5324(a)(3) and 5318, Title 31 C.F.R. § 103.11, and Title 18 U.S.C. § 371. He understands that to be guilty of this offense, the following essential elements of the offense must be satisfied: That between or around October 2009 through January 2010, a conspiracy to structure financial transactions with a domestic financial institution existed; and 2. That the defendant knowingly and intentionally agreed to participate in the conspiracy.Case 3:10-cr-00060-VLB Document 101 Filed 08/03/10 Page 2 of 8 THE PENALTIES This offense carries a maximum term of imprisonment of 10 years, a $500,000 fine, and a term of supervised release of 3 years. The defendant understands that should he violate any condition of the supervised release during its term, he may be required to serve a further term of imprisonment of up to 2 years with no credit for the time already spent on supervised release. The defendant also is subject to the alternative fine provision of 18 U.! 3871. 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; (3) $250,000; or (4) the amount specified in the section defining the offense which is $500,000. In addition, the defendant is obligated by 18 U.S.C. § 3013 to pay a special assessmont of $100.00. The defendant agrees to pay the special assessment to the Clerk of the Court prior to or on the day of sentencing. Finally, unless otherwise ordered, should the Court impose a fine of more than $2,500 as part of the sentence, interest will be charged on the unpaid balance of a fine amount not paid within 15 days after the judgment dato. 18 U.S.C. § 3612(f. Other penalties and fines may be assessed on the unpaid balance of a fine pursuant to 18 U.S.C. §§3572 (h), (I) and § 3612(g). Forfeiture The defendant understands and agrees that by virtue of his plea of guilty he waives any rights or cause of action to claim that he is a “substantially prevailing party" for the purpose of recovery of attorney fees and other litigation costs in any related forfeiture proceeding pursuant to 28 U.S.C. §2465(b)(1). THE SENTENCING GUIDELINES 1. Applicabili The defendant understands that the Court is required to consider any applicable Sentencing Guidelines as well as other factors enumerated in 18 U.S.C. § 3553 to fashion an appropriate sentence in this case. See United States v. Booker, 543 U.S. 220 (2005). The defendant expressly understands that theCase 3:10-cr-00060-VLB Document 101 Filed 08/03/10 Page 3 of 8 Sentencing Guideline determinations will be made by the Court, based upon input from the defendant, the Government, and the United States Probation Officer who prepares the pre-sentence investigation report. The defendant further understands that he has no right to withdraw his guilty plea sentence or the Guideline application is other than as he anticipated, 2. Acceptance of Responsibility At this time, the Government agrees to recommend that the Court reduce by two levels the defendant's Adjusted Offense Level under section §3E1.1(a) of the Sentencing Guidelines, based on the defendant's prompt recognition and affirmative acceptance of personal responsibility for the offense. This recommendation is conditioned upon the defendant's full, complete, and truthful disclosure to the Probation Office of information requested, of the circumstances surrounding his commission of the offense, of his criminal history, and of his financial condition by submitting a complete and truthful financial statement. In is recommendation is conditioned upon the defendant timely providing complete information to the Government concerning his involvement in the offense to which he is pleading guilty. The defendant expressly understands that the Court is not obligated to accept the Government's recommendation on the reduction. The Government will not make this recommendation if the defendant engages in any acts which (1) indicate that the defendant has not terminated or withdrawn from criminal conduct or associations (Sentencing Guideline section §3E1.1); (2) could provide a basis for an adjustment for obstructing or impeding the administration of justice (Sentencing Guideline §3C1.1); or (3) constitute a violation of any condition of release. Moreover, the Government will not make this recommendation if the defendant seeks to withdraw his plea of guilty. The defendant expressly understands that he may not withdraw his plea of guilty i for the reasons explained above, the Government does not make this recommendation. 3. Guideline Stipulation and Calculation The defendant and the Government agree that pursuant to U.S.S.C. § 281.3(a)(1) the base offense level is 8 for structuring financial transactions in violation of 31 U.S.C. §§ §324(a) and 5318. Four additional levels are added under §§ 281.3(b)(1) and (b)(2), for an adjusted offonse level of 12. The adjusted offense level is then decreased by two levels for acceptance of responsibility rasulting in a total offense level of 10. Based on a criminal history category of I, which the parties estimate the defendant to be based upon information Presently available including the representations of the defendant, the defendant'sCase 3:10-cr-00060-VLB Document 101 Filed 08/03/10 Page 4 of 8 guidelines range is 8-14 months imprisonment. Neither party will seek any further adjustments to the guidelines calculation set forth herein. The defendant reserves the right to seek any departures from the guideline range that he believes may be applicable and further reserves the right fo advocate the imposition of a non-guidelines sentence. The Government reserves the right to oppose any such requests. The defendant acknowledges that this guideline stipulation is only between the parties to this agreement and, as such, does not bind the Probation Department or the Court. He also understands that his criminal history category is subject to final determination by the Court. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the guidetines range calculated by the Court or the sentence imposed is outside the range that he contemplated. In the event the Probation Office or the Court contemplates any sentencing calculations different from those stipulated by the parties, the parties reserve the right to respond to any inquiries and make appropriate legal arguments regarding the proposed alternate calculations. The defendant acknowledges that this guideline stipulation is only between the parties to this agreement and, as such, does not bind the Probation Department or the Court. He also understands that his criminal history category is subject to final determination by the Court. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the guidelines range calculated by the Court or the sentence imposed is outside the range that he contemplated. 4. Waiver of Appellate Rights and Rights of Collateral Attack The defendant acknowledges that under certain circumstances he is. entitled to appeal his conviction and sentence. 18 U.S.C. § 3742. It is specifically agreed that the defendant will not appeal or collaterally attack in any proceeding, including a motion under 28 U.S.C. § 2255 andlor §2241, the conviction or sentence of imprisonment imposed by the Court if that sentence does not exceed 14 months even if the Court reaches a sentencing range permitting such a sentence by a Guideline analysis different from that specified above or otherwise contemplated by the parties. Similarly, the Government will not appeal a sentence imposed at or above the applicable guidelines range. The defendant ‘oxpressly acknowledges that he is waiving his appellate rights and rights of collateral attack knowingly and intelligently.