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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT
BY

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UNITED STATES OF AMERICA v. JOYCE J. BELLAVANCE, Defendant.

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Criminal No. 2:11-cr-5-01

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PLEA AGREEMENT
The United States of America, by and through the United States Attorney for the District of Vermont (hereafter "the United States"), and the defendant. JOYCE J. BELLAVANCE. agree

to the following in regard to the disposition of pending criminal charges.
1. JOYCE J. BELLAVANCE agrees to waive her right to proceed by Indictment and

plead guilty to a Superseding Information charging her with one count of wire fraud. in violation of 18 U.S.C. § 1343 and one count of money laundering in violation of 18 U.S.C. §§ 1957 and 2, arising from the fraud scheme she committed as an employee at the Hardwick Electric Department from in or about 1999 until 201 O. JOYCE J. BELLAVANCE also acknowledges

and consents to the criminal forfeiture of the property named in the Superseding Information, as proceeds of the offense in Count One, or as property involved in money laundering in Count Two or property traceable to such property, as discussed more fully below. 2. JOYCE J. BELLA VANCE understands, agrees and has had explained to her by counsel that the Court may impose the following sentence on her plea: Count One, up to twenty (20) years of imprisonment, pursuant to 18 U.S.C. § 1343; up to a three (3) year period of

supervised release, pursuant to 18 U.S.C. § 3583(b); a fine of twice the amount of pecuniary gain or $250,000, whichever is greater, pursuant to 18 U.S.C. § 3571; and a $100 special assessment;

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Count Two, up to ten (10) years of imprisonment, pursuant to 18 U.S.C. § 1957; up to a three (3) year period of supervised release, pursuant to 18 U.S.C. § 3583(b); a fine of not more than $250,000, pursuant to 18 U.S.C. § 3571, or a fine of not more than twice the amount of the criminally derived property involved in the transaction, pursuant to 18 U.S.C. § 1957(b)(2); and a $100 special assessment. JOYCE J. BELLAVANCE further understands that the Court must

order full restitution to the victims of the offense in an amount determined by the Court, pursuant to 18 U,S.C. § 3663A. She also understands that the court will impose forfeiture as further set forth in this agreement 3. JOYCE J. BELLAVANCE agrees to plead guilty because she is, in fact, guilty of the above crimes, 4. JOYCE J. BELLA VANCE stipulates to, agrees with, and admits that her fraudulent conduct resulted in a loss in excess of $1,000,000 but not more than $2,500,000 for purposes of applying the Federal Sentencing Guidelines. JOYCE J. BELLAVANCE further stipulates and agrees that she will meet and cooperate with the Internal Revenue Service in filing corrected Income Tax Returns for each tax year 2000 through and including 2010 before the expiration of any term of supervised release. 5. JOYCE 1. BELLAVANCE understands that it is a condition of this agreement that she refrain from committing any further crimes. whether federal, state or local. W1dthat if on release she will abide by all conditions of release. 6. JOYCE J. BELLAVANCE acknowledges that she understands the nature of the

charges to which she will plead guilty and the possible penalties. She also acknowledges that she has the following rights: the right to persist in a plea of not guilty; the right to a jury trial; the

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right to be represented by counsel - and if necessary have the court appoint counsel - at trial and at every other stage of the proceeding; the right at trial to confront and cross-examine adverse witnesses; the right to be protected from compelled self-incrimination; and the right to testify and

present evidence and to compel the attendance of witnesses. She understands that by pleading guilty, she will waive these rights. She also understands that ifher guilty plea is accepted by the Court, there will be no trial and the question of guilt will be resolved; all that will remain will be the Court's imposition of sentence. 7. JOYCE J. BELLAVANCE fully understands that any estimates or predictions relative

to the Guidelines calculations are not binding upon the Court and fully understands that the Guidelines are advisory and that the Court can consider any and all information that it deems relevant to the sentencing determination. She acknowledges that in the event that any estimates

or predictions by her attorney (or anyone else) are erroneous. those erroneous predictions will not provide grounds for withdrawal of her plea of guilty, modification of her sentence, or for appellate or post-conviction relief. agrees that if she provides a financial affidavit to the

8. JOYCE J. BELLAVANCE

Probation Office during the presentence investigation, she will also provide a copy to the United States at the same time. 9. JOYCE J. BELLAVANCE agrees to provide the Clerk's office, at the time this plea

agreement is executed, a bank cashier's check. certified check, or postal money order payable to the Clerk, U.S. District Court. in payment for the mandatory special assessment of $200 for which she will be responsible when sentenced. She understands and agrees that, if she fails to obligations

pay the special assessment in full prior to sentencing, the sentencing recommendation

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of the United States under this plea agreement will be terminated. and the United States will have the right to recommend that the Court impose any lawful sentence. Under such circwnstances, she will have no right to withdraw her plea of guilty. 10. The United States agrees that in the event that JOYCE J. BELLAVANCE fully and completely abides by all conditions of this agreement, the United States will: a) b) move to dismiss the Indictment at the time of sentencing; not prosecute her in the District of Vermont for any other criminal offenses known to the United States as of the date it signs this plea agreement, committed by her in the District of Vermont relative to embezzling money from her former employer. the Hardwick Electric Department; recommend to the sentencing Court that she be sentenced to a term of imprisonment of 41 months; recommend that she receive two-point credit for acceptance of responsibility under Guideline § 3E1.1(a), provided that she cooperates truthfully and completely with the Probation Office during the presentence investigation, including truthfully admitting the conduct comprising the offense(s) of conviction, and abides by the conditions of her release and further provided that no new information comes to the attention of the United States relative to the issue of her receiving credit for acceptance of responsibility; and move for an additional one-point credit for timely acceptance of responsibility, if the offense level (before acceptance) is 16 or greater and she meets the conditions in the subparagraph above.

c)

d)

. e)

11. If the United States determines. in its sole discretion, that JOYCE J. BELLAVANCE has committed any offense after the date of this agreement, has violated any condition of release. or has provided any intentionally false information to Probation. the obligations of the United States in this agreement will be void. The United States will have the right to recommend that the Court impose any sentence authorized by law and will have the right to prosecute her for any other offenses she may have committed in the District of Vermont. JOYCE J . BELLAVANCE

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understands and agrees that, under such circumstances, she will have no right to withdraw her previously entered plea of guilty. 12. The United States and JOYCE 1. BELLA V ANCE stipulate and agree that the United States is entitled to forfeiture of a $1.6 million money judgment and the following real and personal property identified in the Superseding Information as property constituting or derived from proceeds of the wire fraud scheme set forth in Count One of the Superseding Information. JOY CE J. BELLA V AN CE further agrees that she is the sole owner of the below-identified property; a) her interest in 913 Mackville Road, Hardwick, Vermont, with all appurtenances and improvements thereon; all funds on deposit in National Rural Electric Cooperative Association 401 (k) Account, in the name of or for the benefit of Joyce Bellavance; all funds on deposit in Modem Woodmen of America Certificate No. 7822035 in the name of Joyce J. Bellavance; all funds on deposit in Modem Woodmen of America Certificate No. 7822026, in the name of Marc E. Bellavance; and the following items ofjewelry, to include DCS Item No. DNE802, three diamond pendant; Rego Item No. 2967-10, 14 karat gold and sapphire bracelet; Price Point Marketing (pPM) Item No. 282865, 14 karat gold sapphire/diamond earrings; Links of London Item No. 6020.0330, Driver Ellipse Silver Medium watch; Rego Item No. 2240":27, 14 karat gold sapphire and diamond earrings; Rego Item No. 2143 21, 14 karat gold Alexandrite and diamond ring; and Rego Item No. 2253, sapphire and diamond pendant.
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b)

c)

d) e)

13. JOYCE J. BELLAVANCE

stipulates and agrees that the following property, real and

personal was involved in money laundering in violation of 18 U.S.C. § 1957, or is property traceable to such property, and is therefore forfeitable to the United States. JOYCE J. BELLAVANCE further stipulates and agrees that she is the sole owner of the property identified

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below in paragraph d. JOYCE J. BELLAVANCE further stipulates and agrees that while the property identified below in paragraph fis titled in both her name and that of her husband, Marc Bellavance, she is the one who exercised dominion and control over the vehicle. a) contents in Account No.1 0001055, in the name of or for the benefit of Joyce J. Bellavance, Marc E. Bellavance, Tracey Bellavance and Michelle Bellavance, at Merchants Bank; contents in Account No. 10105807, in the name of or for the benefit of Joyce 1. Bellavance and Tracey L. Bellavance, at Merchants Bank; 913 Mackville Road, Hardwick, Vermont, with all appurtenances improvements thereon; and

b)

c)

d)

all funds on deposit in Knights of Columbus Life Insurance Policy No. 00P62946, Policy No. 001'23843. and Policy No. 01597337, in the name of Joyce 1. Bellavance; all funds on deposit in Knights of Columbus Life Insurance Policy No. 00L80043. Policy No. 00P62945, Policy No. OOT96724, Policy No. OOX93212, Policy No. OOYl3741, Policy No. 00Y89322, Policy No. OOY89323, Policy No. 01043146, Policy No. 01321784, Policy No. 01321785, Policy No. 01599555, Policy No. 01982863. Policy No. 02895763, and Policy No. 02895764 in the name of Marc Bellavance; and 2007 Lincoln MKX, VIN 2LMDUS 8C67BJ0760 1, with all appurtenances and attachments thereon. JOYCE J. BELLAVANCE stipulates and agrees that on or about April 14, 2008,

e)

f)

14.

she negotiated a Hardwick Electric Department check made payable to herself in the amount of S50,000 and deposited it in her Merchants Bank. account. JOYCE J. BELLAVANCE further

stipulates and agrees that a Treasurer's check obtained from her Merchants Bank account on or about June 8, 2008 in the amount of $54,528.71 was made payable to Tracey Bellavance and signed over to the Lawyer's Trust Account of Fred V. Peet for the purchase of real property at 126 Heritage Lane, Colchester, Vermont. JOYCE J. BELLAVANCE stipulates and agrees that

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on or about January 19, 2009, she negotiated a Hardwick Electric Department check made payable to herself in the amount of $50,000 and deposited it in her Merchants Bank account. JOYCE 1. BELLAVANCE further stipulates and agrees that check #15656 from Merchants Bank

account 1001055 made payable to Eric Braun in the amount of $6,000 and a Treasurer's check obtained from Merchants Bank account 10001055 on or about January 29,2009 made payable to GKR Residential, Inc. in the amount of $44,000 was used for the purchase of real property at 405 East Third Street, Unit #3, Boston, Massachusetts. 15. It is understood and agreed by the parties that should JOYCE J. BELLAVANCE's plea not be accepted by the Court for whatever reason, or later be withdrawn or vacated, this agreement may be voided at the option of the United States and she may be prosecuted for any and all offenses otherwise permissible. JOYCE J. BELLAVANCE also agrees that the statute of

limitations for all uncharged criminal offenses known to the United States as of the date it signs this plea agreement will be tolled for the entire period oftime that elapses between the signing of this agreement and the completion of the period for timely filing a petition under 28 U.S.C. § 2255, or if such petition is filed, the date of any decision by a court to vacate the plea or the conviction. 16. JOYCE J. BELLA VANCE agrees that by entering into this plea agreement she voluntarily and knowingly waives any claim she may have that the forfeiture, administrative or judicial. civil or criminal, of the Property or any other administrative or judicial forfeiture action arising out of the course of conduct that provides the factual basis of the information herein, alone or in conjunction with this prosecution, in any way violates any of her rights, including her rights under the Fifth and Eighth Amendments to the United States Constitution. JOYCE J.

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BELLA VANCE's waiver specifically includes any claim that any such forfeiture, whether preceding or following this criminal prosecution, would constitute double jeopardy, cruel and unusual punishment, an excessive fine, a disproportionate punishment, or a violation of due process. JOYCE J. BELLA VANCE's waiver also includes a waiver of any rights to a jury trial on the forfeiture of assets. 17. JOYCE J. BELLAVANCE agrees that forfeiture of the property shall not be deemed

as satisfaction of any fine, restitution, cost of imprisonment or any other penalty this Court may impose upon JOYCE J. BELLA VANCE in addition to forfeiture. However, the proceeds from any of the property forfeited pursuant to this agreement that are used to pay restitution to any victim shall be offset against any restitution order entered or issued by the Court. It is further understood and agreed by the parties that the proceeds of any of the property identified in either the Amended Verified Complaint of Forfeiture or the Superseding Information that is forfeited shall be offset against the $1.6 million money judgment entered by the Court pursuant to this agreement. 18. It is further understood that this agreement is limited to the Office of the United States Attorney for the District ofVennont prosecuting authorities. 19. JOYCE J. BELLA VANCE expressly states that she makes this agreement of her own free will, with full knowledge and understanding of the agreement and with the advice and assistance of her counsel, John L. Pacht, Esq. JOYCE J. BELLA V ANCE further states that her plea of guilty is not the result of any threats or of any promises beyond the provisions of this agreement. Furthermore, JOYCE J . BELLAVANCE expressly states that she is fully satisfied and cannot bind other federal, state or local

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with the representation

provided

by her attorney, John L. Pacht, Esq., and has had full

opportunity to consult with her attorney concerning this agreement, concerning the applicability and impact of the Sentencing Guidelines (including, but not limited to, the relevant conduct provisions of Guideline Section 1B1.3), and concerning the potential terms and conditions of supervised release. 20. No agreements have been made by the parties or their counsel other than those contained herein.

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21. It is agreed that a copy of this agreement shall be filed with the Court before the time
of the defendant's change of plea.

UNITED STATES OF AMERICA TRISTRAM J. COFFIN United States Attorney

Dllte

7-J9: II
Date

I, John L. Pacht, Esq., have read, fully rev'

client, JOYCE J, BELlAVANCE,

and I hereby

Date

7-21- II

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