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U.S. v. Edmonds (Plea Agreement)

U.S. v. Edmonds (Plea Agreement)

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Published by Mike Koehler

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Published by: Mike Koehler on Jun 18, 2012
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12345678910111213141516171819202122232425262728ANDRÉ BIROTTE JR.United States AttorneyDENNISE D. WILLETTAssistant United States AttorneyChief, Santa Ana Branch OfficeDOUGLAS F. McCORMICK (180415)Assistant United States AttorneyGREGORY W. STAPLES (155505)Assistant United States Attorney411 West Fourth Street, Suite 8000Santa Ana, California 92701Telephone: (714) 338-3535Facsimile: (714) 338-3561E-mail: greg.staples@usdoj.gov KATHLEEN McGOVERN, Acting ChiefCHARLES G. LA BELLA, Deputy Chief (183448)ANDREW GENTIN, Trial AttorneyFraud SectionCriminal Division, U.S. Department of Justice1400 New York Avenue, N.W.Washington, DC 20005Telephone: (202) 353-3551Facsimile: (202) 514-0152E-mail:charles.labella@usdoj.govandrew.gentin@usdoj.gov Attorneys for PlaintiffUnited States of AmericaUNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIASOUTHERN DIVISIONUNITED STATES OF AMERICA,Plaintiff,v.DAVID EDMONDS,Defendant.))))))))))))SA CR No. 09-00077-JVSPLEA AGREEMENT FOR DEFENDANTDAVID EDMONDS1.This constitutes the plea agreement between DAVIDEDMONDS (“defendant”) and the United States Attorney’s Office forthe Central District of California (“the USAO”) and the United
Case 8:09-cr-00077-JVS Document 827 Filed 06/14/12 Page 1 of 20 Page ID #:13686
12345678910111213141516171819202122232425262728States Department of Justice, Criminal Division, Fraud Section(“the Fraud Section”) (the USAO and the Fraud Section are,together, referred to as “the Department of Justice”) in theabove-captioned case. This agreement is limited to theDepartment of Justice and cannot bind any other federal, state,local, or foreign prosecuting, enforcement, administrative, orregulatory authorities.RULE 11(c)(1)(C) AGREEMENT2.Defendant understands that this agreement is enteredinto pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C).Accordingly, defendant understands that, if the Court determinesthat it will not accept this agreement, absent a breach of thisagreement by defendant prior to that determination and whether ornot defendant elects to withdraw any guilty plea entered pursuantto this agreement, this agreement will, with the exception ofparagraph 19 below, be rendered null and void and both defendantand the Department of Justice will be relieved of theirobligations under this agreement. Defendant agrees, however,that if defendant breaches this agreement prior to the Court’sdetermination whether or not to accept this agreement, the breachprovisions of this agreement, paragraphs 21 and 22 below, willcontrol, with the result that defendant will not be able towithdraw any guilty plea entered pursuant to this agreement, theDepartment of Justice will be relieved of all of its obligationsunder this agreement, and the Court’s failure to follow anyrecommendation or request regarding sentence set forth in thisagreement will not provide a basis for defendant to withdrawdefendant’s guilty plea.2
Case 8:09-cr-00077-JVS Document 827 Filed 06/14/12 Page 2 of 20 Page ID #:13687
12345678910111213141516171819202122232425262728DEFENDANT’S OBLIGATIONS3.Defendant agrees to:a)At the earliest opportunity requested by theDepartment of Justice and provided by the Court, appear and pleadguilty to a one-count information in the form attached to thisagreement as Exhibit A or a substantially similar form, whichcharges defendant with a violation of the Foreign CorruptPractices Act (“FCPA”), 15 U.S.C. § 78dd-2(a), (g)(2)(A).b)Not contest facts agreed to in this agreement.c)Abide by all agreements regarding sentencingcontained in this agreement and affirmatively recommend to thecourt that it impose sentence in accordance with paragraph 13
ofthis agreement.d)Appear for all court appearances, surrender asordered for service of sentence, obey all conditions of any bond,and obey any other ongoing court order in this matter.e)Not commit any crime; however, offenses that wouldbe excluded for sentencing purposes under United StatesSentencing Guidelines (“U.S.S.G.” or “Sentencing Guidelines”)§ 4A1.2(c) are not within the scope of this agreement.f)Be truthful at all times with Pretrial Services,the United States Probation Office, and the Court.g)Pay the applicable special assessment at or beforethe time of sentencing unless defendant lacks the ability to payand prior to sentencing submits a completed financial statementon a form to be provided by the Department of Justice.//////3
Case 8:09-cr-00077-JVS Document 827 Filed 06/14/12 Page 3 of 20 Page ID #:13688

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