SK-EINIGK/TEM. F. #2014801920 /OCDETP HNY-NYE.764 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK. x UNITED STATES OF AMERICA PLEA AGREEMENT - agsinat- 14-cR625 ($-4) (DL, 23-0R-021 (DLI) DAIRO ANTONIO USUGA DAVID, 23-CR-027 (DLD ‘leo known as “Otoniel, “Mao,” Calo” and "Muricio-Gallo,” Defendant -x Pormint to Rae I ofthe Federal Rules of Criminal Procedure, the United States _Aomey’s Office forthe stem Distt of New Vor, the United States Atoeney's Ofc for the Souther Distt of Fld andthe United States Atomey's Office fr the Southern Distt ‘of New York allestively, the “Offices” and DATRO ANTONIO USUGA DAVID (ihe “defendant agree to the following: “The Bastorn Dist of New Yotk Indictment 1. The defendant wil plead guilty to Count One of the fourth superseding indictment in United States v. Dato Antonio Usuga David, etal, 4-CR-425 ($-4) (OLD) (EDN, the “EDNY Indictment”), charging a volition of 21 USC. § 848. The count cates the following satstory peal ‘Maximum term of imprisonment: life! QIUSC. § 84810). © When the United States requested extradition ofthe defendant from Colombia it agreed that t would nat eck a sentence of life imprisonment. Therefore, although the defendant ‘understands thatthe erimes to which he pleading gully each cary a maximum sentence of life imprisonment, the goverament wil not sek a sentence of life impeisonment i his cas,b. Minimum term of imprisonment: 20 years QIUSC. § £480). ‘© Maximum supervised release term: 5 year to follow any term of | imprisonment if condition of release is violated, the defendant may be sentenced to up to 5 yeas without credit for prerelease imprisonment or time previously served on postelease supervision (IS US.C. §3583 (b) and (). 4. Maximum fine: $2,000,000 Q1USC. §848(a). Restitution: NA. £. $100 special assessment (BUS. §3013) Other penalties criminal forfeiture, as set Forth below in paragraphs 8 through 15; removal, as set forth below in paragraph 16. (21 USC. §5 853( and 853(p). ‘The Southem Distt of Flori Indictment: 2. Imconnection with the indictment in United States v, Dairo Antonio Usuge ‘David, 15-CR-20403-WPDG) (SDL) (the “SDFL Indietment) the defendant will consent to tuansfer the case fom the Souther Distr of Florida to the Easter Distt of New York for plea and sentencing, pursuant to Rule 20 of the Federal Rules of Criminal Procedure, and plead ulty to Count ‘Two ofthe superseding indictment, which has been usigned EDNY docket umber 23-CR.021 (DED, charging a violation of 46 US.C. §§ 70506(), 70506(0) and 21 U.S. § 960(6)1XB). ‘The count caries the following statutory penalties: Maximum term of prisonment fi QI USC. § 960(6X1XB)) Minimum term of imprisonment: 10 years QIUSC. § 96000X1)8). 2Minimum supervised release term: 5 years, maximum supervised release term: life, to follow any term of imprisonment; if condition of release is violated, the defendant may be sentenced 19 ‘upto S years without eredit for pre-release imprisonment o ime previously served on post-release supervision (IBUSC, §3583 (9:21 US.C. § 960(041)B)) ‘Maximum fine: $10,000,000 QLUSC. § 96006,111B). Restitution: NIA. $100 special assessment (IBUSC, §3013), (Other penalties: criminal forfeiture, as set forth below in paragraphs 8 through 15; removal, as et forth below in paragraph 16 (@1USC. §§ 853(p) and 881(2),28 U.S.C. §2461(6) and 46 US.C. § 705070). 3, Inconnection with the indictment in United States v, Dairo Antonio Usuga Davide, OCR-962 (S-8) (LAP) (S.D.N.Y,) (the “SDNY Indictment”, the defendant will consent to transfr the case from the Southern Distt of New York tothe Easter District of| "New York for plea and sentencing, pursuant to Rule 20 of the Federal Rules of Criminal Procedure, and plead guilty to Count Two ofthe third superseding indictment, which has been assigned EDNY docket number 23-CR-027 (DL), charging a violation of21 US.C. § 963. The ‘count caries the following statutory penalties: Maximum term of ALUSC. § 96000))B)). Minimum term of imprisonment: 10 years QIUSE. § 96000X1)(8).© Minimum supervised release term: 5 years, maximum supervised release term: life, to follow any term of imprisonment; ifa condition of release is violated, the defendant may be sentenced to upto 5 years without erdit for pre-release imprisonment or time previously served on post-release supervision (18 USC. § 3583 (€;21 US. § 96000)(1))). 4. Maximum fine: $10,000,000 QLUS.C. § 96006)(1KB). Restitution: N/A. £ $100 special assessment (U8USC. §3013), 8 Other penalties: riminal forfeiture, as set forth below in paragraphs 8 through 15; removal, s set forth below in paragraph 16 21 USC. $§ 853(0, 853(p) and 970). ‘The sentences imposed by the Court on Count One of the EDNY Indictment, Count Two ofthe SDFL Indiciment, end Count Two ofthe SDNY Indictment may run consceutively to each other ‘and to any other sentence the defendant i currently serving. 4. ‘The defendant understands that although imposition ofa sentence in eeordance with the United States Sentencing Guidelines (the “Guidelines” and “U.S.S.G2) is ‘ot mandatory, the Guidelines are advisory and the Cour is required to consider any applicable Guidelines provisions as wel as other factors enumerate in 18 U.S.C. § 3553(a) to arrive at an appropriate sentence in this case. The Offices will advise the Court and the Probation Department of information relevant to sentencing, including criminal atvity engaged in by the ‘defendant, and such information may be used by the Court in determining the defendant's sentence. See 18 U.S.C. § 3661 ("No limitation shall be placed on the information concerning the background, character, and conduct of person convicted ofan offense which a court of the United States may receive and consider forthe purpose of imposing an appropriate sentence.) 4‘The Offices estimate the likely adjusted offense level under the Guidelines to be 54, which i predicated onthe following Guidelines calculation: EDNY Indictment: Cont Base Offense Level (More Than 480 Kilograms of Cocaine (88 2D1.5(@)(1), 201.105) 21.11) lust Possession of Dangerous Weapon (§ 2D1.1(b)(1)) Plus: Use of Violence (§ 201.1062) Plus: Use of Semi-Submersible Vesel(§ 2D. 1(6X3X)) Plus: Bribery of Law Enforcement Officials (§ 2D1.1(6X1)) Plus: Maintained Premises for Purpose of Manufacture ‘or Distribution (§ 2D1.1(6X(12)) Towel ‘SDEL Indictment: Martie Narcotics Conspiracy Base Offense Level (More Tha 450 Kilprans of Cocaine ($52D1.1(0K1)) Plus; Possession of Dangerous Weapon (§2D1.1(0\1)) Plus: Use of Violence (§201.1(0K2)) Plus: Use of Smi-Submersible Vessel (§21.10)3)8)) Plus: Bribery of Law Baforcement Officials (§2D1.10(11) hus: Maintained Premises for Purpose of Manufacture ‘or Distbution (§ 2D1.100X12)) Phos: Role Adjustment (§3B1.1() Plus: Agerevating Role (§2D1.100)05) Tota: ‘SDNY Indictment: Naveties Importation Conspiracy Base Offense Level (More ‘Than 450 Kilograms of Cocaine (§§ 2D1.1(€)(1)) Phis: Possession of Dangesous Weapon (§ 2D1.1(6)(1)) 5 2 ” 2 a 2 2 2 2 2 2Plus: Use of Violence (§ 2D1.1(6)2)) 2 Plus: Use of Semi-Submesible Vessel (§2D1.106))B)) 2 Plus: Bribery of Law Enforcement Officials (§ 2D1.1(9K11)) 2 Plus: Maintained Premises for Parpose of Manat or Distribution (§ 2D1.1(6)12)) 2 Plus: Role Adjustment § SBI) “4 Plus: Aggravating Role (§ 2D1.1(0)(16)) 7 Tota: Es Grouping Analysis (68 3D1.2, 301.4) Unis Level Highest Offense Level (SDFL/SDNY Indictment) sa Combined Adjusted Offense Level s te defendant clearly demonstrates aeeptanc of esponsibility, through allocution and sequent cond prior tothe imposition of sontne, a ntovel retin wil he warranted pursuant fo USS. §3EI.1(a, esting in an adjusted offense evel of $2, which to be treated as an offense level of 43, c6 US.S.G. ch. 5, pt. A, cmt, n.2, and a range of imprisonment fli assuming tha he defendant fll within Criminal Mistry Category L. Furthermore if the lefendant has accepted responsibility as deseribed above tothe satisfaction ofthe Offices and if the defendant pleads guilty on or before January 25,2023, an aditionalone-teel reduction will be warranted, pursuant to USS.G, §3EI.1(b), sling in an adjusted offense level ofS, which isto be treated as an offense evel of 43, see U.SS.G. ch 5, pA, cmt a2. This level eases a range of imprisonment of if, assuming thatthe defendant falls within Criminal History Category 1. The defendant stipulates tothe above Guidelines calelation. ‘The defendant further sMipultes that the total amount of eocine involved inthe offense and for which be is responsiblepuruantto USS.G, § IBIS i least 96 856 llograms, and the defendant waves hs gh toa Jy wi or Eatin hearing on uch issu. 5. The Guidelines estimate et ft in paragraph snot binding onthe Crt, the Probation Departnent oc the Court the Guidlines offense level ndvocte by the (Offices, o determined bythe Probation Department othe Cou, is for any reason, including an ‘error inthe estimate, diferent fom the estimate, the defendant will nt be entitle to withdraw the plea und the government will nt be demed to have beached his agreement. 6, The defendant agrees not to file an eppl or aherwic challenge, by patton pursuant o 28 US.C. § 2285 or any eter provision, the conveton or sentence in the vent that ho Court imposes term of imprisonment ofan tex of years andthe sentences ‘imposed on Count One ofthe EDNY Indictment, Count Two ofthe SDFL Indictment, and Count ‘Two ofthe SDNY Indictment sun concurentl to cach othe. This waive i binding without regard to the sentencing analysis used by the Court. The defendant waives all defenses sed on ‘vee, The defendant further waves all defenses basod onthe tats of limitations, ven, and double jeopardy with respect to any prosecution tat is ottime-barred on the date the this sercement is signed inthe event that) he defendant's conviction inter vacated foray reaton, (the defendant volts this agreement, o (6) the defendants pleas later witdrevn. “The defendant further waves the right to rage on appeal or on collateral review any argument that (1) the tats to which the defendants pleading guilty ate unconstitutional and (2) he died condct doesnot ll within the scope ofthe tates. Nothing in he Feegoing waiver of appellate and cllterl review rights sal preside the defeat from sing alam of ‘inotectiveatsitanoeof counsel nan appropiate forum. The defendant waves any right to ‘uditional disclosure fom the government in connection with the guilty plea, The defendant 1agrees tht with respect to all charges referred to in paragraphs I and 7() be is nota “prevaltng party” within the meaning ofthe “Hyde Amendment,” 18 U.S.C. § 30068 note, and will not file any claim unde that law. The defendant agrees to pay the special assessment by check payable to the Clerk ofthe Court ator before sentencing. The defendant understands that he may be cubject to removal as set f perngraph 16 below. Novertholess, the defendant affirms that the went to plead pulty and to wave his right to appeal asset forth atthe beginning ofthis paragraph, even if the consequence isthe defendants automatic removal fom the United Stats 1. The Offices agree thet no further criminal charges will be brought agunst the defendant for: i) engaging in a continuing criminal enterprise involving the iterations! manuftturing distribution, imporation end possession (With intent to distribute) of cocaine, the murder of| peteons who posed a threat or perceived threat fo the enterprise, nd Conspiracies nd atoms todo the same, ll fom June 2003 through October 2021; (i) conspiring fo posses with intent to Aistribute cocaine sboard a vessel subject othe jurisdiction of the United States, fom April 2009 through Octobe: 2021; (i) the interntional raanufaturing distribution, importation end possession (withinent odistibute) of cocaine, nd conspiracies fd attempts todo the stm, al from 1997 through October 2021; it being understood tha this agreement does not bar the us of such conduct a a predicate acto asthe basis for a semencing fenhancement in subsequent proseution inlnding, but not limited to, prosecution pursuant 18 U.S.C. §§ 1961 et seg. and atthe time of sentence, the Offices will move to dismis the remaining ‘ounts ofthe EDNY Indictment, the SDFL Indictment, andthe SDNY Indictment, and any underiying indtments with prejudice; ‘and, based upon information now known tothe Offices, they will: b not sek a Guidelines sentence of life imprisonment in this case i the Guidlines range determined by the Court is life, it being understood that the Offices retain the discretion to seek a sentence cofany term of years; take the potion tat, in ight of overlp i, andthe relationship between, the conduc underlying the charges inthe EDNY Indietment, the SDFL Indictment, ad the SDNY Indietmeat tohich the defendant i pleading guiky, the sentences imposed by the Cour on Count One ofthe EDNY Indictment, Count Two ofthe SDFL Indictment, and Count Two ofthe SDNY Indictment should run concurrently, it being understood that the Office have authority ‘only to recommend and that decision rests solely within the discretion of the Court at sentencing. IFinformation relevant to sentencing, as determined by the Offices, bocomes known tothe Offices after the date ofthis agreement, the Offices wll not be bound by paragraph 7(€) Should it be judged by the Offices thatthe defendant has violated any provision of tis agreement, the defendant will not be released from his plea of guilty bu the Offices wil be released from their ‘obligations under this agreement, including but nat mite 3) moving. forthe stonsl one- level downward adjustment fr timely acceptance of responsibility described in paragraph 4 above; and (b) the provisions of paragraph 76) ‘The defendant acknowledges that he obtained and/or acquired property that is subject to forfeiture asa result of his violations of 21 U.S.C. §§ 848 and 963, and 46 US. § 70506(b). The defendant consents to the entry ofa forfeiture money judgment in the amount of two hundred and sixteen million dollars and zero cents ($216,000,000.00) (the “Forfeiture Money Judgment”). The defendant agrees that the amount of the Forfeiture Money Judgment and any payments towards the Forfeiture Money Judgment represen: () property constituting, or derived from, any proveeds obtained directly or indirectly as the result ofthe defendants violation of 21 U.S.C. $§ 848 and 963; (b) property used, or intended tobe used, in ‘any manner oF part, to commit oF to facilitate the commission of, such offenses; (e) any of his interest i, claims agunst, and property or contractual rights affording a source ofcontrel over, the continuing eximinal enterprise; (8) any property tha is used or intended for use to commit, oF facilitate the commission ofa conspiracy to violate 46 U.S.C. § 70503; and/or (e) substitute ‘assets, and thus are forfeitable tothe United States pursuant 21 U.S.C. §§ 853(0), 853(0), °£881(@), and 970,28 U.S.C § 2461(¢, and 46 USC. § 70507(0), in any administrative andlor indicia (civil oreriminl) proceeding) atthe Office's exclusive discretion. The defendant ‘contents to the entry ofan Onder of Forfeiture, pursuant to Rule 32:2 ofthe Federal Rules of Criminal Procedure, imposing the Forfeiture Money Judgment. 9. The Forfeiture Money Judgment shal become due ull 30 days before sentencing (he “Due Date). All payments made by the defendant toward the Forfeiture Money Judgment shal be by money ord, etd or oficial bank check, payable to the “United States ‘Marshals Service.” The defendaat shall ease sid payments tobe sent by overnight mal delivery to As nt United States Atlomey Claire S, Kedeshian United States Attorney's fice, Easem District of New York, 271A Cadman Plan East, Brooklyn, New York 11201, ‘with the criminal docket numbers noted onthe fave ofthe instrument, The defendant also ‘waives all statutory deadlines including but not Kinied to deadlines set forth in IB USC. § 98, 10, If defendant ils to py any poston of the Forfeiture Money Judgment on ‘or before the Due Dts, the defendant consent tthe Rriture of any ther property of his upto ‘he amount ofthe unpaid Forfeiture Money Judgment, pursuant to 21 US.C. § 853) and further ages that he condition of21 USC. §853(9XI)(A)E) have been met. 11, The defendant agrees to filly set the goverment in efTestusting he payment ofthe Forfeitre Money Judgment, by among oho things, executing ey documents ocesary to fectute any transfer of tile the United States, The deindaat agrees not ole «claim or petition seeking remision o contesting the forfeiture of any property aginst which the govennment sees to sty the Forfeiture Money Semen in any sdinistrtive or judicial (civil orerimina) forfeiture proceeding. The defendan further agrees not to asst any person oF cnt inthe filing ofeny claim or petition secking remission or contesting the forfeiture of ny 10property against which the government seks o satisfy the Forfeiture Money Jujgment in any inteative or judcal(il or xii frit proceding 12, The ful of the defendant forfeit any monies andlor properties as required under this urement, including he ale of the defendant execute any documento sccomplish the sre on imely notice odo so, may consi x material beach of this sgreement. Upon sich a breach, the defendant will nat be ented to withdraw the ple, but the Cttices may bring additonal criminal charges aginst the defendant. 15, The defendant epresents that he wil diese all ofhis assets othe Unite Sates onthe final statement ened “United States Department of Yustice Financial Statement” (erin, he “Financ Statement) on or before the dat of sentencing and ll provide «copy to Asst United States Atorney Francisco 1. Neva. ‘The defendant grees that lure to dslose al assets on the Fanci Statrent ado nfm the government in ‘wing of ry material changes up until he ine of sentencing consis a material breach of this agreement. Upon such breach, the defendant wil not be ented to withdre the ples, but the Offices ray bring atonal criminal charges agsinstthe defendant. Should undisclosed assis which the defendant owns or in which the defendant hasan intrest be discovered the defendant knowingly and voluntarily waives his ight to any requied notice concerning the forfeiture of sad uoets and agrees that sai asets hal be forfeited to the United States pursuant 021 US.C.$6 #53), 8519), 81(), and 970, 28 USC. §241(0), and 46 U.S.C. § 7050710) (0) property consitting or dived frm, any proceeds obtained director inet as the sent ofthe defendants voaton of 2 U.S.C. §§ 848 and 963; (6 property wed, o intended to tbe used, in any mamer opr, to commit, ot falta the commission of such offenses; (© any ofhis intrest in, claims aginst, and property or contractual ights affording a source of ucontrol ove, the continuing criminal enterprise; (8) ay propery thats sed or intended for se 10 commit or fiat he commission ofa conspraey to violate 46 USC. § 70503; andlor (© subsite asses 14, The defendant knowingly and voluntarily waives his ight ony eequited otiseconoeming the forfeiture of ny monies andor properies Fret hereunder, including notice set forth in an nditnent, information, or administrative notice. In addin, the defendant leowingly and voluntarily waive his igh, fan, to a jury ta on the oft of any monies andlor properties and waives ll contntona ga and equitable defenses tothe frie of ssid monies andor properties, including, but not ited to, any defenses based on principles of ouble jeopardy, ho Fx Bost Facto clause of he Constition, o any applicable statute of limitations, venue, or any defense under the Eighth Amensinent, including a claim of excessive fines. 15, The defendant agrees that he entry and payment ofthe Forfeiture Money Judgment isnot to be onsered payment of ine, penalty, rettation, or any income taxes that say be di, and bal survive enka 16, ‘The defendant recognizes that pleading uty may have consequences, with espctto the defendant's immigration sats ifthe defendet is nota etzn ofthe United ‘Suates, Under federal law, «broad range of eines are removable offenses including the offenses to which the defendant is pleading guilty. Indeed, beeause the defendant is pleading uly to gaging in contnsng criminal enterprise, in violation of21 USC. § 848, conspiracy to poses wth intent to dsibte «controled sbstanoe aboard vessel sujet tthe {isdstion of the Unitod Stats in volation of 46 U.S.C. §70506(), and naeotis importation ‘onspiray, in violation of 21 U.S.C. § 963, removal i presumptively mandatory, Removal and 2‘other immigration consequences ae the subject ofa separate proceeding, however, and the defendant understands that noone, including the defendants atiomey othe District Court, can predic with certainty the eect of the defendants conviction on the defendant’ immigration status, The defendant neverteles affirms that the defendant wants o plead guilty regardless of any immigration consequences thatthe dafendants plea may en the defendants automatic removal from the United States. 17, This agreement does not bind any federal, state, or local prosecuting thority ther tha the Offices and docs not prohibit the Offices from iiiting or prosecuting any civil or adminitetive proceedings diretly or indiectly involving the defendant 18, Aparefiom any woten proffer agreement applicable, no promises, ‘agreements or conditions have been entered into by the parties other than those set forth in this sd by all parties. ‘agreement and none will be entered into unless memorized in witng and: Apact fom any written proffer agreements, iP applicable, this agreement supersedes all piot‘promises, greemens, or conitions between the parties. To become effective this agreement ust be signed by all signatories liste below. na reas 2023 FIM /9s/o023 ae aa See ui ae Faacisco 1.Navao Gillian A. Kassner Tara, MeGrath ‘Assistant United States Attomeys Approved by: —— meee Sosita iy V2S/avos Supervising Assistant Unied States Attomney MARKENZY LAPOINTE, United States Attomey ‘Souther Distt of Flsida By: Lobeat Aa Fea Robert ‘Supervising Assistant United States Attorney: Vassasay DAMIAN WILLIAMS ‘United States Atiomey Souther Distt of New York pp ge La _ 6t/eam ‘George Tumer/Amanda Houle ‘Supervising Assistant United States Attomey 1/25 /29 93{have read and/or had ranslatod and ead to me the ent agreement and discussed it with my ‘aitomey. Tunderstand all ofits terms andl am entering int it knowingly and volute, Data usuda Daud a RAM OVeS 2075 DaiRe USuga Dawa. Defendant Veeox ‘Tigao by ww) 0110512023 Approved aie ihs[23 ‘Counsel to Defendant 15