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Martin Loftus Guilty Plea

Martin Loftus Guilty Plea

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Published by: citypaper on Jan 21, 2011
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Department of Justice
United States Attorney District of Maryland  Northern Division
RosensteinUnited States Attorney Richard 
Kay Assistant United States Attorney36 South Charles Street Fourth Floo Baltimore, Maryland 21201
November 9, 2010
410-209-48007TY/TDD:410-962-4462410-209-4850FAX 410-962-3124
. . . .
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Dale P. Kelberman, EsquireMiles
Stockbridge10 Light StreetBaltimore, Maryland 21202-1487Re: United States v. Martin Loftus,Criminal No.
Dear Mr. Kelberman:
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This letter, together with the Sealed Supplement, conf irms theplea agreement that has been offered to the Defendant, MartinLoftus, by the United States Attorney's Office ("this Office"). Ifthe Defendant accepts this offer, please have him execute it in thespaces provided below. If this offer has not been accepted byNovember 24, 2010, it will be deemed withdrawn. The terms of theagreement are as follows:Offense of Conviction1. The Defendant, Martin Loftus, agrees to waive indictmentand to plead guilty to a one count Information charging him withmoney laundering in violation of 18 U.S.C. section 1956(a) (2)(A).Your client admits that he is in fact guilty of that offense andwill so advise the Court. The Defendant expressly agrees to waivehis right to challenge the venue of this prosecution and herebyconsents to prosecution of the charge in the Information in theDistrict of Maryland.Elements of the Offense2. The elements of the offense to which your client hasagreed to plead guilty, and which the government would prove ifthe case went to trial, are as follows:
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Case 1:10-cr-00752-CCB Document 5 Filed 01/19/11 Page 1 of 10
a)b)that the Defendant transmitted or transferredfunds to a place in the United States from orthrough a place outside the United Statesj andthat the Defendant did so with the intent topromote the carrying on of specified unlawfulactivity.Penalties(b) The Defendantpresented to a grand jury,3. The maximum sentence provided by statute for the offenseto which your client is pleading guilty is as follows:
imprisonment'for twenty years without parole, followed by a term of supervisedrelease not to exceed five
years and a fine of $500,000 ortwice the value of the property laundered.
In addition, your clientmust pay $100 as a special assessment under 18 U.S.C. Section 3013,which will be due and should be paid at the time of sentencing. Ifa fine is imposed, it shall be payable immediately, unless,pursuant to 18 U.S.C. section 3572(d), the Court orders otherwise.!The defendant understands that if he serves a term of imprisonment,is released on supervised release, and then violates the conditionsof his supervised release, his supervised release could be revoked- even on the last day of the term - and the defendant could bereturned to custody to serve another period of incarceration and anew term of supervised release. The Defendant understands that theBureau of Prisons has sole discretion in designating theinstitution at which the Defendant will serve any term ofimprisonment imposed.Waiver of Rights4. The Defendant understands that by entering into thisagreement, he surrenders certain rights as outlined below:(a) If the Defendant had persisted in his plea of notguilty, he would have had the right to a speedy jury trial with theclose assistance of competent counsel. That trial could beconducted by a judge, without a jury, if the Defendant, thisOffice, and the court all agreed.has the right, to have his casewhich would decide whether there is
Pursuant to 18 U.S.c.
3612, if the Court imposes a fine in excess of$2,500 thatremains unpaid 15 days after it is imposed, the Defendant shall be charged interest on that fine,unless the Court modifies the interest payment in accordance with 18 U.S.C.
Case 1:10-cr-00752-CCB Document 5 Filed 01/19/11 Page 2 of 10
probable cause to return an indictment against him. By agreeing toproceed by way of Information, he is giving up that right, andunderstands that the charges will be filed by the United StatesAttorney without the grand jury. If the Defendant elected a jurytrial, the jury would be composed of twelve individuals selectedfrom the community. You and the Defendant would have theopportunity to challenge prospective jurors who demonstrated biasor who were otherwise unqualified, and you would have theopportunity to strike a certain number of jurors peremptorily. Alltwelve jurors would have to agree unanimously before the Defendantcould be found guilty of any count. The jury would be instructedthat the Defendant was presumed to be innocent, and thatpresumption could be overcome only by proof beyond a reasonabledoubt.(c) If the Defendant went to trial, the government wouldhave the burden of proving the Defendant guilty beyond a reasonabledoubt. The Defendant would have. the right to confront and cross-examine the government's witnesses. The Defendant would not haveto present any defense witnesses or evidence whatsoever. If theDefendant wanted to call witnesses in his defense, however, hewould have the subpoena power of the court to compel the witnessesto attend.(d) The Defendant would have the right to testify in hisown defense if he so chose, and he would have the right to refuseto testify. If he chose not to testify, the court could instructthe jury that they could not draw any adverse inference from hisdecision not to testify.(e) If the Defendant were found guilty after a trial, hewould have the right to appeal the verdict to see if any errorswere committed which would require a new trial or dismissal of thecharges against him.(f) By pleading guilty, the Defendant will be giving upall of these rights, except the right, under the limitedcircumstances set forth in the "Waiver of Appeal" paragraph below,to appeal the sentence. By pleading guilty, the Defendantunderstands that he may have to answer the court's questions bothabout the rights he is giving up and about the facts of his case.Any statements the Defendant makes during such a hearing would notbe admissible against him during a trial except in a criminalproceeding for perjury or false statement.(g) If the Court accepts the Defendant's plea of guilty,there will be no further trial or proceeding of any kind, and theCourt will find him guilty.
Case 1:10-cr-00752-CCB Document 5 Filed 01/19/11 Page 3 of 10

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