andrÉ birotte jr. united states attorney 2 christine c ... · 2/16/2011 · charles paul edward...

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ANDRÉ BIROTTE JR.United States AttorneyCHRISTINE C. EWELLAssistant United States AttorneyChief, Criminal DivisionBRUCE H. SEARBY (SBN 183267)Assistant United States AttorneyMajor Frauds SectionJONATHAN E. LOPEZ (SBN 210513)Senior Trial Attorney, Fraud SectionUnited States Department of Justice

1100 United States Courthouse312 North Spring StreetLos Angeles, California 90012Telephone: (213) 894-5423Facsimile: (213) [email protected]

Attorneys for Plaintiff UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, )

)Plaintiff, )

)v. )

)GERALD GREEN and )PATRICIA GREEN, )

)Defendants. )

) ) ) )

CR No. 08-59(B)-GW

GOVERNMENT’S REQUEST FOR JUDICIALNOTICE OF RECENT FCPA SENTENCING;EXHIBITS

Sent. Date: April 29, 2010Sent. Time: 9:30 a.m.

Plaintiff United States of America, through its counsel of

record, the United States Attorney’s Office for the Central

District of California, and the Fraud Section, United States

Department of Justice, Criminal Division, hereby requests that

the Court take judicial notice that on April 19, 2010, defendant

Charles Paul Edward Jumet (“Jumet”) was sentenced to 87 months in

prison for paying approximately $200,000 in bribes to former

Panamanian government officials to secure maritime contracts in

Case 2:08-cr-00059-GW Document 343 Filed 04/20/10 of 3

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1 Jumet also pled guilty to making a false statement to lawenforcement officers.

2

violation of the Foreign Corrupt Practices Act (“FCPA”)1. United

States v. Jumet, Cr No. 09-397-HEH EDVA. This request is made in

effort to ensure that the Court is kept current with respect to

the FCPA sentencing landscape as it relates to the criminal

prosecution of individuals so as avoid unwarranted disparities in

sentencings. A copy of the Plea Agreement and Statement of Facts

in the Jumet case is attached hereto as Exhibit A. In addition,

the government has updated, and attached hereto as Exhibit B, a

revised Appendix B to the government’s previously-filed

supplemental memorandum regarding the sentencings of defendant

GERALD GREEN and defendant PATRICIA GREEN (entitled, “Sentences

of Persons Who Pled Guilty to FCPA Violations Since 2000"),

updated to reflect this recent FCPA sentence.

As set forth in Exhibit A, from approximately 1997 through

July 2003, Jumet and others conspired to pay money secretly to

Panamanian government officials in exchange for awarding

contracts to Ports Engineering Consultants Corporation (PECC) to

maintain lighthouses and buoys along Panama's waterway. Jumet, a

United States Citizen, was Vice President, and later President,

of PECC. Jumet admitted that he and others authorized corrupt

payments to be made to the Panamanian government officials. In

total, Jumet and others caused corrupt payments of more than

$200,000 to be paid to the former administrator and the former

deputy administrator of the Panama Maritime Authority and to a


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former high-ranking elected executive official of the Republic of

Panama. In addition to violating the FCPA, Jumet also made a

false statement to federal agents about a "dividend" check

payable to the bearer in the amount of $18,000 that was endorsed

and deposited into an account belonging to the high-ranking

elected Panamanian government official.

The government notes that Jumet’s sentence of 87 months

imprisonment is not reflective of any cooperation.

DATED: April 20, 2010 Respectfully submitted,

ANDRÉ BIROTTE JR.United States Attorney

CHRISTINE C. EWELLAssistant United States AttorneyChief, Criminal Division

/s/ BRUCE H. SEARBYAssistant United States AttorneyJONATHAN E. LOPEZSenior Trial AttorneyUnited States Department of Justice, Fraud Section

Attorneys for PlaintiffUNITED STATES OF AMERICA


Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 1 of 23

EXHIBIT A-I TO

GOVERNMENT'S REQUEST FOR JUDICIAL NOTICE

EXHIBIT A-I TO


EXHIBIT A-I TO

GOVERNMENT'S REQUEST FOR JUDICrAL NOTICE

EXHIBIT A-I TO



Case 3:09-cr-00397 -HEH Document 6 Filed 11 /13/2009 Page 1 of 13

IN THE UNITED STATES DISTRlCT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA

UNITED STATES OF AMERICA,

v.

RICHMOND DIVISION

)

) ) CRIMINAL NO. )

CHARLES PAUL EDWARD JUMET, ) )

Defendant. )

PLEA AGREEMENT

NOV 1 3 2009

DanaJ. Soenlc, Acting United Slales Anomey forthe Eastern District of Virginia, the United

States Department of Justice. Criminal Division, Fraud Section, Michael Dry, Assistant United

States Attorney, Rina C. Tucker Hams, Trial Auomey, the defendant, Charles Paul Edward Jumcl.

and the defendant 's counsel have entered into an agreement pursuant to Rule 11 of the Federal Rules

of Criminal Procedure (the "plea agreement") . The tenns of the plea agreement are as follows:

I . Offense and Maximum Penalties

The defendant agrees to waive indictment and plead guilty to a two-count criminal

information charging the de fendant with conspiracy to violate Jaws of the United States in violation

o f Title 18. United States Code. Scction 371 . namely the Fon.:ign Corrupt Pract ices Act (15 U.S.C.

§§ 78dd· l . ~ ~). and making a false statement in violation of Title 18. United States Code.

Section 100 I (3)(2). The max imum penalties for the conspiracy charge are a maxi mum term afrive

years ' imprisonment. a fi ne of S250.000 or twice the pecuniary gain or loss resu lt ing from the

offense. whichever is greater. 3 spec ial assessmem ofSI 00.00. and three years supervised release.

The maximum penalt ies ro r the false Sl<lIement charge arc a maximum IcnTI o f 5 years o f

Case 3:09-cr-00397 -HEH Document 6 Filed 1111312009 Page 1 of 13

IN THE UNITED STATES DISTRlCT COURT FOR THE


UNITED STATES OF AMERtCA,

v.

RICHMOND DIV ISION

) ) ) CRIMINAL NO. )


Defendant . )

PLEA AGREEMENT

NOV 1 3 2009

DanaJ. Boenle, Acting United Slales Atlorney forthe Eastern District o f Vi rginia, the United

States Department of Justice, Crimi nal Division, Fraud Section, Michael Dry, Assistant United

States Attorney. Rina C. Tucker Hams. Tria l Auomcy. the defendant, Charles Paul Edward Jumcl ,

and the defendant 's counsel have enlered into an agreement pursuant to Rule 11 of the Federal Rules

of Criminal Procedure (the "plea agreement") . The tenns of the plea agreement are as follows:

l. Offense and Maximu m Pena lties

The defendant agrees to waive indictment and plead gu ilty to a two-count criminal

information charging the de fendant with conspimcy to violate laws oCthe Un ited States in violation

of Tit le 18. United States Code. Scction 371 . namely the Foreign Corrupt Pract ices Act (15 U.S.C.

§§ 78dd~ I. s:L ~). and mak ing a fal se statement in violation of Title 18. United States Code,

Section 1001 (a)(2). The maximum penailics for the conspiracy charge arc a maxi mum tcrm arrive

years ' imprisonment. a rine or S250.000 or tw icc the pecuniary ga in or loss result ing from Ihe

offense. whichever is grealer. a special aJ:isessment ofS\ 00.00. and three years supervised release .

The maximum penalties ror the false st.llcmenl charge arc a ma.ximum IcnTI o f 5 years of

Case 3:09-cr-00397-HEH Document 6 Filed 11/13/2009 Page 1 of 13

IN THE UNtTED STATES DISTRlCT COURT FOR THE



v.

RICHMOND DIVISION


CHA RLES PAUL EDWARD JUMET, ) )

Defendant. )

PLEA AGREEMENT

NOV 1 3 2009

Dana 1. Boenlc, Acting United Siales Anomey farthe Eastern District of Virginia, the United

Slales Department of Justice, Criminal Division, Fraud Section, Michael Dry, Assistant United

States Attorney, Rina C. Tucker Hams. Trial Anomey, Ihe defendant, Charles Paul Edward Jumcl ,

and the defendant's counsel have enlered into an agreement pursuant to Rule 11 of the Federal Rules

of Criminal Procedure (the "plea agrecmcnC') . The tenns oCthe plea agreement are as follows:

l. Offense nod Maximum Penalties

The defendant agrees to wai ve indictment and plead guilty to a two-count criminal

information charging the defendant wi th conspiracy to violate laws of the United States in violation

of Tit le 18. United Stales Code. Scction 371 . namc1y the Foreign Corrupt Prdctices Act (IS V.S.C".

§§ 78dd· l. £k ~). and making a fal se statement in violation of Title 18. United States Code,

Section 100 I (a)(2). The maximum penal ties for the conspiracy charge are a maximum tcrm of rive

years ' imprisonmcnt. a fine of S250.000 or twicc thc pecuniary gain or loss resulting from the

offense. whichever is greater. a special assessment of$1 00.00. and three years supervised release.

Thc Olaximum penalties ror the false sl<llcmcnt charge arc a maximuOl IcnTI o f 5 years of

Case 3:09-cr-00397-HEH Document 6 Filed 11 /13/2009 Page 1 of 13

IN THE UNtTED STATES DISTRlCT COURT FOR THE



v.

RICHMOND DIVISION



Defendant. )

PLEA AGREEMENT

NOV 1 3 2009

Dana 1. Boenlc, Acting United Siales Auorney farthe Eastern District of Vi rginia, the United

Stales Department of Justice, Criminal Division, Fraud Section, Michael Dry, Assistant United

States Attorney, Rina C. Tucker Hams. Tria l Anomey, the defendant, Charles Paul Edward Jumcl,

and the defendant's counsel have enlered into an agreement pursuant to Rule 11 of the Federal Rules

of Criminal Procedure (the "plea agrecmcnC') . The tenns oCthe plea agreement are as follows:

l. Offense nod Maximum Penalties

The defendant agrees to waive indictment and plead gu ilty to a two-count criminal

information charging (he de fendant wi th conspiracy to violate laws of the United States in violation

of Tit le 18. United Stales Code. Section 371. namely the Foreign Corrupt Prdct ices Act (IS V.S.c.

§§ 78dd· l. £h ~). and making a fal se statement in violation ofTi t!e 18. United States Code,

Section 100 I (3)(2). The maximum penalties for the conspi racy charge are a maximum tcrm of rive

years ' imprisonment. a fine of S250.000 or twice the pecuniary ga in or loss resulti ng from the

offense. whichever is greater. a special assessment of$1 00.00. and three years supervised release.

Thc maximum penalties ror the false sl<llement charge are a maximum IcnTI o f 5 years of


Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 2 of 13

imprisonment, a fine of $250,000, a special assessment of $100.00, and three years supervised

release. The defendant understands that this supervised release leon is in addition to any prison tenn

the defendant may receive, and that a violation of a leon of supervised release could result in the

defendant being returned to prison for the full tel7ll of supervised release.

2. Detention Pending SentenCing

The defendant understands that this case is governed by Title 18, United States Code,

Sections 3143(a)(2} and 3145(c). These provisions provide that a judicial officer shall order that a

person who has been found guilty of an offense of this kind be detained unless there are statutory

just ifications why such person's detention would not bc appropriate.

3. Factual Basis for the Plea

The defendant will plead guilty because the defendant is in fact guilty of the charged

offenses. The defendant admits the facts set forth in the statement of facts attached to this plea

agreement and agrees that those facts establish his gu ilt of the offenses charged beyond a reasonable

doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a

st ipulation of facts for purposes of Section I B 1.2(a) of the Sentencing Guidelines.

4. Assistance and Advice of Counsel

The defendant is satisfied that the defendant 's attomey has rcndered effecti ve assistance. The

defendant understands that by entering into this plea agreement, defendant surrenders certain rights

as provided in this plea agreement. The defendant understands that the rights of cri minal defendants

include the following:

a. the right to plead not gui lty and to persist in that plea;

b. the right to ajury triul:

2


imprisonment. a fine of $250,000, a special assessment of $1 00.00, and three years supervised

release. The defendant understands that this supervised release lenn is in addition to any prison term

the defendant may receive, and that a v iolation of a term of supervised release could result in the

defendant being returned to prison for the full term of supervised release.

2. Detention Pending Sentencing


Sections 3143(a)(2) and 31 45(c). These provisions provide that a judicial officer shall order that a

person who has been found guilty of an offense of this kind be detained unless there are statutory

just ifications why such person's detention would not be appropriate.



offenses. The defendant admi ts the facts set fonh in the statement of facts attached to this plea

agreement and agrees that those facts establish his guilt of the offenses charged beyond a reasonable




The defendant is satisfied that the defendant 's auomey has rendered effective assistance. The


as provided in this plea agreement. The defendant understands that the rights ofcriminal defendants

include the following;

a. the right to plead not guilty and to persist in that plea;

b. Ihe right to aj ury trial:

2




the defendant may receive, and that a v iolation of a term of supervised release could result in the




Sections 3143(a)(2) and 3145(c). These provisions provide that a judicial officer shall order that a

person who has been found guilty o f an offense o f this kind be detained unless there are statutory

justifications why such person's detention would not be appropriate.


The defendant will plead guilty because the defendant is in fact gui lty of the charged

offenses. The defendant admi ts the facts set forth in the statement of facts attached to this plea

agreement and agrees that those facts establish his guilt of the offenses charged beyond a reasonable

doubt. The statement of facts. which is hereby incorporated into this plea agreement, constitutes a

st ipulation of facts for purposes of Section 1 B 1.2(a) of the Sentencing Guidelines.


The defendant is satis fied that the defendant 's altomey has rendered effective assistance. The


as provided in this plea agreement. The defendant understands that the rights ofcri minal defendants


a. the right to plead not guihy and to persist in that plea;

b. the right to ajury trial:

2




the defendant may receive, and that a v iolation of a lenn of supervised release could result in the




Sections 3143(a)(2) and 3145(c). These provisions provide that a judicial officer shall order that a

person who has been found guilty of an offense o f this kind be detained unless there are statutory

just ifications why such person's detention would not be appropriate.



offenses. The defendant admits the facts set forth in the statement of facts attached to this plea

agreement and agrees that those facts establish his guilt of the offenses chaTged beyond a reasonable




The defendant is satis fied that the defendant 's atlomey has rendered effective assistance. The

defendant understands that by entering into this plea agreement, defendant surrendeTs certain rights

as provided in this plea agreement. The defendant understands that the rights ofcTiminal defendants


a. the right to plead not guilty and to persist in that plea;

b. the right to ajury trial:

2



c. the right to be represented by counsel - and if necessary have the court

appoint counsel - at trial and at every other stage of the proceedings; and

d. the right at trial to confront and cross-examine adverse witnesses, to be

protected [rom compelled self·incrimination, to testify and present evidence,

and to compellhe artendance of witnesses.

S. Role ofth e Court and the Probation Office

The defendant understands that the Court has jurisdict ion and authority to impose any

sentence within the statu lOry maximum described above but that the Court will determine the

defendant's actual sentence in accordance with Title J 8, United States Code, Section 3553(a). The

defendant understands that the Court has not yet detemlined a sentence and that any estimate of the

advisory sentencing range under the U.S. Sentencing Commiss ion's Sentencing Guidelines Manual

the defendant may have received from the defendant's counsel , the United States, the Probation

Office, or anyone else, is a prediction, not a promise, and is not binding on the United States, the

Probation Office, or the Court. Additionally. pursuant to the Supreme Coun's deciSion in U"iled

Slates \'. Booker, 543 U,S. 220,125 S. Ct. 738 (2005), the Court, after considering the factors set

forth in Tit le 18, Un ited States Code, Sect ion 3553(a), may impose a sentence above or below the

advisory sentencing range, subject only to review by higher courts for reasonableness. The United

States makes no promise or representation concerning what sentence the defendant will receive, and

the defendant cannot withdraw a guilty plea based upon the actual sen tence imposed.

Fu rther, in accordance with Rule 11 (c)( I )(8) of the Federal Rules of Criminal Procedure, the

United States and the defendant agree that the 2008 SentenCing Guidelines apply in this case and

that, provided the defendant cnters a plea of guilty to the Information and othcm'ise meets his

)



appoint counsel - al trial and at every other stage of the proceedings~ and


protected [rom compelled self-inc rimination. 10 testify and present evidence.

and to compel the attendance of witnesses .

S. Role oftht Cour( and the Probation Oflicc

The defendant understands that the Court has jurisdiction and authority to impose any

sentence within the statu lOry maximum described above but thaI the Court will determine the

defendant's actual sentence in accordance with Title J 8, United States Code, Section 3553(a). The

defendant understands that the Court has not yet delemlined a sentence and that any estimate of the

advisory sentencing range under the U.S. Sentencing Commiss ion's Sentencing Guidelines Manual

the defendant may have received from the defendant 's counsel, the United States, the Probation


Probation Office, or the Court. Additionally, pursuant to the Supreme Coun's decision in United

Slates l'. Booker, 543 U.S. 220,125 S. Cl. 738 (2005), the COllrt, after considering the factors set

forth in Title 18, United States Code, Sect ion 3553(a), may impose a sentence above or below the

advisory sentencing range, subject only to review by higher courts for reasonableness. The United

States makes no promise Or representation concerning what sentence the defendant wil) receive, and

the defendant cannol withdraw a gui lty plea based upon the actual sen tence imposed.

Further, in accordance with Rule II (c)( J )(8) of the Federal Rules of Criminal Procedure, the

United States and the defendant agree that the 2008 Sentencing Guide lines apply in this case and

that, provided the defendant enters a plea of guilty to the Information and otherwise meets his

3



appo int counsel - at trial and at every other stage of the proceedings~ and


protected [rom compelled self-incrimination. 10 testify and present evidence.

and to compel the attendance of witnesses.

S. Role ofthe Court and the Probation Oflicc


sentence within the statutory maximum described above but lhat the Court will determine the

defendanl ' s actual sentence in accordance with Title 18, United States Code, Section 3553(a). The

defendant understands that the Court has not yet delcmlined a sentence and that any estimate of the

advisory sentencing range under the U.S. Sentencing Commiss ion ' s Sentencing Guidelines Manual

the defendant may have received from the defendant's counsel, the United States, the Probation

Office, or anyone else, is a prediction, not a promise, and is nol binding on the Uni ted States, the

Probation Office, or the Court. Additionally. pursuant to the Supreme Coun's decision in United

Slate.s l'. Booker, 543 U,S, 220,125 S. Cl. 738 (2005), Ihe COllrt, after considering the factors set

forth in Title 18, Un ited States Code. Sect ion 3553(a), may impose a sentence above or below the

advisory sentencing range. subject only to review by higher courts for reasonableness. The United

States makes no promise or representation concerning what sentence the defendant wi1l receive, and

the defendant cannol withdraw a guilty plea based upon the actual sentence imposed.

Further, in accordance with Rule II (c)( J )(8) of the Federal Rules of Criminal Procedure, the

United Slates and the derendant agree that the 2008 Sentencing Guide lines apply in this case and


3



appoint counsel - at trial and at every other stage of the proceedings~ and


protected [rom compelled self·incriminalion, 10 testify and present evidence.

and to compel the attendance of witnesses.

S. Role ofthe Court and the Probation Oflicc


sentence within the statutory maximum described above but lhat the Court will determine lhe

defendanl 's actual sentence in accordance with Title 18, United States Code, Section 3553(a). The

defendant understands that the Court has not yet detemlined a sentence and that any estimate of the

advisory sentencing range under the U.S. Sentencing Commission 's Sentencing Guidelines Manual

the defendant may have received from the defendant 's counsel, the United States, the Probation


Probation Office, or the Court. Additionally, pursuant to the Supreme Coun's decision in United

Slate.s l'. Booker, 543 U,S. 220,125 S. Cl. 738 (2005), the COllrt, after considering the factors set

forth in Title 18, United States Code, Section 3553(a), may impose a sentence above or below the

advisory sentencing range. subject only to review by higher courts for reasonableness. The United

States makes no promise Or representation concerning what sentence the defendant will receive, and

the defendant cannot withdraw a guilty plea based upon the actual sentence imposed.

Further, in accordance with Rule 11 (c)( J )(8) of the Federal Rules of Criminal Procedure, the

United Slates and the defendant agree that the 2008 Sentencing Guidelines apply in this ease and


3



obligations under this agreement, the United Stales and the defendant win recommend to the Court

thai the following provisions of the sentencing guidelines apply with respect to the conspiracy

offense, which is Count One of the Criminal lnfonnation:

Base Offense Level

OfTensc involved more than one bribe

value of payment is more than $200,000 but not greater than $400,000

12

2

12

Offense involved an elected public official 4 or any public officia l in a high-level decision-making

Obstruction or Impeding Administration of Justice 2

U.s.S.G. § 2CI.I (a)(2)

U.S.S.G. § 2CI. I(b)(l )

U.S.S .G. § 2CI.I(b)(2)

U.S.S.G. § 2CI.I (b)(3)

U.S.S.G. § 3C I.I

Provided the defendant proceeds to enter a plea of gu ilty under this plea agreement and

provides a sworn, truthful financial statement regarding his ability to pay a fine, the United States

and the defendant agree that the defendant has assisted the government in the investigation and

prosecution of the defendant's own misconduct by timely notifying authorities of the defendant's

intention to enter a pica of gu ilty, thereby pemlitl ing Ihe govenunent to avoid preparing for trial and

pernlitting the govemmcnt and the Court to allocate their resources efficient ly. If the defendant

qualifies fo r a two· level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the offense

level prior to the operation of Ihat section is a level 16 or grealer, the government agrees 10 file.

pursuant to U.S.S.G. § 3E 1.1 (b), a mot ion prior to, or at the time of, sentencing for an additional

one-level decrease in the defendant 's offense level.

"y. Waiver of Appenl. fOIA and Privacy Act Rights

The defendant also understands that Title 18, United States Code, Section 3742 affords a

defendanllhe right to appeal {hc sentence imposed. Nonctheless, the defendant knowingly waives

4

Case 3:09-cr-00397 -HEH Document 6 Filed 11/13/2009 Page 4 of 13

obligations under this agreement. lhe United States and the defendant win recommend to the Court

thai the following provisions of the sentencing guidelines apply with respect to the conspiracy

offense, which is Count One of the Criminallnfonnation:

Base Offense Level


value of payment is more than $200,000 bUI not greater than $400,000

12

2

12

Offense involved an elected public o ffic ial 4 or any public officia l in a high-level decision-making

Obstruction or Imped ing Administration of Justice 2

U.S.S.G. § 2CI.I(a)(2)

U.s .S .G. § 2CI.I(bXI)

U.S.S .G. § 2CI.I (b)(2)

U.S.S .G. § 2CI.I(bX3)

U.S.S.G. § 3CI.I

Provided the defendant proceeds to enter a plea of guilty under this plea agreement and

provides a sworn, truthful financial statement regarding his ability to pay a fine, the United States

and the dcfendant agree that the defendant has assisted the government in the investigation and

prosecution of the defendant 's own misconduct by timely notifying authorities of the defendant's

intention to enter a pica of guilty. thereby pemliu ing the govenllnentto avoid preparing for trial and

pemlitling the govemmcnl and the Court to allocate their resources efficiently. If the defendant

qua lifies fo r a two·level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the offense

level prior to the operation of that section is a level 16 or greater, the government agrees to file,

pursuant to U.S.S.G. § 3E 1.1 (b), a motion prior to , or at the time of, sentencing for an additional

one-level decrease in the defendant 's offense level .

,y. Waiver of Appeal, fOIA and Privacy Act Righu

The defendant also understands that Ti tle 18. United States Code, Seclion 3742 affords a

defendant the right to appeal {he sentence imposed. Nonetheless. the defendant knowingly waives

4


obligations under this agreemem. the United States and the defendant wil1 recommend 10 the Court

thai the following provisions of the sentencing guidelines apply with respect 10 the conspiracy


Base Offense Level

OfTensc involved more than onc bribe


12

2

12

Offense involved an elected public official 4 or any public officia l in a high-level decision-making


U.S.S.G. § 2CI.I(a)(2)

U.s .S.G. § 2CI.I(b)(l)

U.S.S .G. §2CI.I(b)(2)

U.S.S .G. § 2CI.I(b)(3)

U.S.S .G. § 3CI. I

Provided the defendan t proceeds to enter a plea of guilty under this plea agreement and

provides a sworn, truthful financial statement regarding his ability 10 pay a fine, the United States


prosecution of the defendant's own misconduct by timely notifying authorities ofLhe defendant's

intention to enter a pica of guilty, thereby pemliuing the govemment to avoid preparing for lrial and

pemliuing the govemment and the Court to allocate their resources efficiently. If the defendant

qualifies fo r a two- level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the olTense

level prior to the operation of that section is a level 16 or grealer, the government agrees to file,

pursuant to U.S.S.G. § 3E 1.1 (b), a motion prior to, or at the lime of, sentencing for an additional

one-level decrease in the defendanl's offense level.

(, r Waiver of Appeal. fOJA and Privacy Act Rights

The defendant also understands that Title 18. United Stales Code, Section 3742 affords a

defendant Ihe right 10 <Ippeallhc sentence imposed. Nonetheless, the defendant knowingly waives

4


obligations under this agreemem. the United States and the defendant wil1 recommend 10 the Court

thai the following provisions of the sentencing guidelines apply with respect 10 the conspiracy


Base Offense Level



12

2

12

Offense involved an elected public official 4 or any public official in a high-level decision-making


U.S.S.G. § 2CI.I(a)(2)

U.s .S .G. § 2CI.I(b)(l)

U.S.S .G. § 2CI.I(b)(2)

U.S.S.G. § 2CI.I(b)(3)

U.S.S.G. § 3CI.I

Provided the defendan t proceeds to enter a plea of guilty under this plea agreement and

provides a sworn, truthful financial statement regarding his ability 10 pay a fine, the United States


prosecution of the defendant's own misconduct by timely notifying authorities ofLhe defendant's

intcntion to enter a plea of guilty, thereby pemliu ing the govemment to avoid preparing for lrial and

pernliuing the govemmcnt and the Court to allocate their resources efficiently. If the defendant

qualifies for a two-level decrease in offense level pursuant to U.S.S.G. § 3E 1.1 (a) and the offense

level prior to the operation of that section is a Icvel 16 or grealer, the government agrees to file,

pursuant to U.S.S.G. § 3E 1.1 (b), a motion prior to, or al the lime of, sentcncing for an additional

one-level decrease in thc defendant's offense level.

(, r Waiver of Appeal. fOJA and Privacy Act Righu

The defendant also understands that Title 18. United Stales Code, Section 3742 affords a

defcndanllhe right 10 <Ippeallhe sentence imposed. Nonetheless, the defendant knowingly waives

4



tbe right La appeal the conviction and any sentence within the statutory maximum described above

(or the manner in which that sentence was determined) on the grounds set forth in Title 18, Un ited

States Code, Section 3742 or on any ground whatsoever, in exchange for the concessions made by

the Un ited Slales in this plea agreemenl. This agreement does nol affect the rights or obligations of

the United States as sel forth in T itle 18, United States Code, Section 3742(b}. The defendant also

hereby waives all rights, whether asserted directly or by a representative, to request or receive from

any department or agency of the Uni ted States any records pertaining 10 the investigation or

prosecutio n of this case, includ ing without limitation any records that may be sought under the

Freedom of Information Act. Title 5, United States Code, Section 552, or the Privacy Act.. Title 5,

United States Code, Section 552a.

1 . ,1. Waiver of DNA Testing


defendant the right to request DNA testing of evidence after conviction . Nonetheless, the

defendant knowingly waives that right. The defendant further understands that

this waiver applies to DNA testing of any items of evidence in this case that could be subjected

to DNA testing. and that the waiver forecloses any opportunity to have evidence submitted for

DNA testing in this case or in any post-conviction proceeding for any purpose, including to

support a claim of innocence to the charges admitted in this plea agreement.

Special Assessment

Before sentencing in this case, the defendant agrees to pay a mandatory special assessment

of one hundred dollars ($100.00) per count of conv iction for a total of two hundred dollars

($200.00).

5

Case 3:09-cr-00397-H EH Document 6 Filed 11 /13/2009 Page 5 of 13

tbe right LO appeal the conviction and any sentence within lhe statutory maximum described above

(or the manner in which that sentence was dClennined) on the grounds set forth in Tit le 18. Un ited


the United Slales in thi s plea agreement. This agreement does nol affect the rights or obligations of

the United States as sel forth in Title 18, United States Code, Section 3742(b). The defendant also


any department or agency of the United States any records pertaining to the investigation or

prosecution of this case, including without limitation any records that may be sought under the

Freedom of Information Act. Title 5, United States Code, Section 552, or the Privacy Act, Title 5,

United States Code, Section 5528.

I . A. Waiver of DNA Testing


defendant the right to request DNA testing of evidence after conviction. Nonetheless, the

defendant knowingly wai ves that right. The defendant further understands that

this wai ver applies to DNA testing of any items of evidence in this case that could be subjected

to DNA testing, and lhal the waiver forecloses any opportunity to have evidence submitted for

DNA testing in this case or in any post-convi ction proceeding for any purpose, includ ing to

support a claim of innocence \0 the charges admitted in this plea agreement.

Special Assessment


of one hundred dollars ($1 00.00) per count of conviction for a 10lal of Iwo hundred dollars

($200.00).

5


tbe right LO appeal the conviction and any sentence within lhe statutory maximum described above

(or the manner in which that sentence was dClcnnined) on the grounds sct fonh in Title 18. United


the United Slales in this plea agreement This agreement does nol affect the rights or obligations of

the United States as sel forth in Title 18, United States Code, Section 3742(b). The defendant also


any department or agency of the Uni ted Slates any records pertaining to the investigation or

prosecution of this case, inclUding without limitation any records that may be sought under the

Freedom of InfOlmation Act. Title 5, United States Code, Section 552, or the Privacy Act, Title 5,

United States Code, Section 552a.

"l.A. Waiver of DNA Testing

TIle defendant also understands that Title 18, United States Code, Section 3600 affords a


defendant knowingly waives that right. The defendant further understands thai

Ihis waiver applies to DNA testing of any items of evidence in this case that could be subjected

to DNA testing, and thaI the waiver forecloses any opponunity to have evidence submitted for

DNA testing in this case or in any post-conviction proceeding for any purpose, includ ing to


Special Assessment


of one hundred dollars ($100.00) per COUIlI of conviction for a lotal of two hundred dollars

(;200.00).

5


tbe right La appeal the conviction and any sentence within lbe statutory maximum described above

(or the manner in which that sentence was dClcnnined) on the grounds sct fonh in Title 18. United


the Un ited Slales in thi s plea agreement This agreement does nol affect the rights or obligations of

the United States as sel forth in Title 18, United States Code, Section 3742{b). The defendant also

herehy waives all rights, whether asserted directly or by a representative, to request or receive from

any department or agency of the United Slates any records pertaining to the investigation or

prosecution of this case, inclUding without limitation any records that may be sought under the

Freedom of InfOlmation Act. Title 5, United States Code, Section 552, or the Privacy Act, Title 5,

United States Code, Section SS2a.

"l.A. Waiver of DNA Testing

TIle defendant also understands that Title 18, Uni ted States Code, Section 3600 affords a


defendant knowingly waives that right. The defendant further understands that

this wai ver applies to DNA testing of any items of evidence in this case that could be subjected

to DNA testing, and lhal the waiver forecloses any opponuni ty to have evidence submitted for

DNA testing in thi s case or in any post-conviction proceeding for any purpose, includ ing to


Special Assessment


of one hundred dollars ($100.00) per COUll! of conviction for a 10lal of two hundred dollars

(;200.00).

5



Q~' ~ . .;t. Payment of Monetary Penalties

The defendant further undcrsl.ands and agrees that, pursuant to Tille IB, United Slales Code,

Section 3613, whatever monetary penalties 3TC imposed by the Court will be due and payable

immediately and subject to immediate enforcement by the United States as provided for in Section

3613. Furthennore. the defendant agrees to provide all of his financial infonnation to the United

States and the Probation Office and. if requested. to participate in a pre-sentencing debtor's

examination. If the Court imposes a schedule of payments, the defendant understands that the

schedule of payments is merely a minimum schedule of payments and not the only method, nor a

limitation on the methods, available to the United Slates to enforce the judgment. If the defendant

is incarcerated, the defendant agrees to participate in the Bureau of Prisons' Inmate Financial

Responsibility Program, regardless of whether the Court speci fically directs participation or imposes

a schedule of payments.

IO~ Immunity from Further Prosecution in Ibis District

The United States will not further criminally prosecute the defendant in the Eastern District

of Virginia or elsewhere for the specific conduct described in the information or statement offacts.

ll~~ Defendant's Cooperation

The defendant agrees to cooperate fully and truthfully with the United States, and provide

all information known to the defendant regarding any criminal activity as requested by the

government. In that regard:

a. The defendant agrees to testify truthfully and completely at any grand juries,

trials or other proceedings.

b. The defendant agrees to be reasonably available fo r debriefing and pre-trial

6

Case 3:09-cr-00397-HEH Document 6 Filed 11 11312009 Page 6 of 13

Q~' ~ . ~. Payment of Moneta ry Penalties

The defendant fun her understands and agrees that, pursuant to Title 18, United Slales Code,

Section 3613, whatever monetary penalties are imposed by the Court will be due and payable


3613. Furthennore. the de fendant agrees to provide all of his financial infonnation to the United

States and the Probation Office and. if requested, to participate in a pre-sentencing debtor 's

examination. If the Coun imposes a schedule of payments, the defendant understands that the


limitation on the methods, available to the United Slales to enforce the judgment. If the defendant

is incarcerated, the defendant agrees to participate ill the Bureau of Prisons ' Inmate Financial



IO~ Imm unity from Further Prosecution in Ibis District


of Virginia or elsewhere for the specific conduct described in the information or statement offaets .

ll~~ Defendant's Cooperat ion

The defendant agrees to cooperate fully and truthfully with the United Stales, and provide

all infonnation known to the defendant regarding any criminal activity as requested by the

government . In that regard:

a. The defendant agrees to tcstify truthfully and completely at any grand juries,


b. The defendant agrees to be reasonably available for debriefing and pre-lrial

6


Q~ ~. ;to Payment of Monetary Penalties

The defendant funher understands and agrees that, pursuant to Title 18, Uni ted Slales Code,

Section 3613. whatever monetary penalties are imposed by the Court will be due and payable


3613. Funhennore. the defendant agrees to provide all of his financial information to the United

States and the Probation Office and. if requested. to participate in a pre-sentencing debtor's



limitation on the methods. available to the United Siaies to enforce the judgment. If the defendant

is incarcerated, the defendant agrees to participate in the Bureau of Prisons' Inmate Financial

Responsibi li ty Program, regardless of whether the Court speci fically directs participation or imposes


IO~ Immunity from Further Prosecution in Ihis DistricI


of Virginia or elsewhere for the specific conduct described in the information or statement of facts .

j Io:v.~ Defendant'S Cooperation

The defendant agrees to cooperate fully and tru thfully with the United States, and provide



a. The defendant agrees 10 testify truthfully and completely at any grand juries,


b. The defendant agrees to be reasonably available for debriefing and pre-lrial

6


Q~' ~. ;to Payment of Monetary Penalties

The defendant funher understands and agrees that, pursuant to Title 18, United Slales Code,

Section 3613. whatever monetary penalties are imposed by the Court will Ix: due and payable


3613. Funhennore. the defendant agrees to provide all of his financial information to the United

States and the Probation Office and. if requested, to participate in a pre-sentencing debtor's



limitation on the methods. available to the United Slales to enforce the judgment. If the defendant

is incarcerated, the defendant agrees to participate in the Bureau of Prisons ' Inmate Financial



IO~ Immunity from Further Prosecution in Ihis District

The United States will not further criminally prosecute: the defendant in the Eastern District

of Virginia or elsewhere for the specific conduct described in the information or statement of facts .

j Io:v.~ Defendant'S Cooperation

The defendant agrees to cooperate fully and tru thfully with the United States, and provide



a. The defendant agrees to testify truthfully and completely at any grand juries.


b. The defendant agrees to be reasonably available: for debriefing and pre-trial

6


Case 3:09-cr-00397 -HEH Document 6 Filed 11113/2009 Page 7 of 13

conferences as the United States may require.

c. Thcdefendant agrees to provide all documents, records, writings, or materials

of any kind in the defendant's possession or under the defendant's care,

custody, or control relating directly or indirectly to all areas of inquiry and

investigation.

d. The defendant agrees that, at the request of the United States, the defendant

will voluntarily submit 10 polygraph examinations, and that the United States

will choose the polygraph examiner and specify the procedures for the

examinations.

e. The defendant agrees that the Statement of Facts is limited to information to

support the plea. The defendant will provide more detailed facts relating to

this case during ensuing debriefings .

f. The defendant is hereby on notice that the defendant may not violate any

federal, state, or local criminal law while cooperating with the government ,

and that the government will. in its discretion, consider any such violation in

evaluating whether to file a motion for a downward departure or reduction of

sentence.

g. Nothing in this agreement places any obligation on the government to seek

the defendant's cooperation or assistance.

Use of Information Provided by the Defendant Under This Ae,reement

The United States will not use any truthful information provided pursuant to this agreement

in any criminal prosecution aga inst the defendant in the Eastern District of Virginia or elsewhere.

7



c. The defendant agrees to provide all documents, records, writings, or materials

of any kind in the defendant's possession or under the defendant 's care,

custody, or contro l relating directly or indirectly to all areas of inquiry and

investigation.

d. The defendant agrees that, at the request of the United Slates, the defendant

wi ll voluntarily submit to polygraph examinations, and that the United States


examinations.

e. The defendant agrees that the Statement of Faets is limited to infonnation Lo

suppon the plea. The defendant will provide more detailed facts relating to

this case during ensuing debriefings .


federal, state, or local criminal law while cooperating with the government ,

and that the government will. in its discretion, consider any such violation in

evaluating whether to fi le a motion for a downward departure or reduction of

sentence.

g. Nothing in this agreement places any obligation on the government to seek

the defendant'S cooperation or assistance.

Use of Information Provided by the Defendant Under This Aereement


in any criminal prosecution against the defendant in the Easlem District of Virginia or elsewhere,

7




of any kind in the defendant's possession or under the defendant 's care,

custody, o r control relating directly or indirectly to all areas of inquiry and

investigation.

d. The defendant agrees thaI, at the request of the Uni ted States , the defendant



examinations.

e. The defendant agrees that the Statement of Facts is limited to infonnation La

support the plea. The defendant will provide more detailed facts retating to

this case during ensuing debriefings.


federal, state, or local criminal law while cooperating with the government,

and that the government will, in its discretion, consider any such violation in


sentence.

g. NOlhing in this agreement places any obligation on the government to seek





7




of any kind in the defendant's possession or under the defendant's carc,

custody, o r control relating directly or indirectly to all areas of inquiry and

investigation.

d. The defendant agrees thaI, at the request of the Uni ted States, the defendant



examinations.

e. The defendant agrees that the Statement of Facts is limited to infonnation La

support the plea. The defendant will provide more detailed facts retating to

this case during ensuing debriefings.


federal, state, or local criminal law while cooperating with the government,

and that the government will, in its discretion, consider any such violation in


sentence.

g. NOlhing in this agreement places any obligation on the government to seek





7



except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abetting.

a crime of violence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.

section I B 1.8, no truthful information that the defendant provides under this agreement will be used

in delennining the applicable guideline range, except as provided in section 1 B 1.8(b). Nothing in

this plea agreement, however, restricts the Court's or Probation Officer's access to infonnation and

records in the possession of the United States, Furthemlore, nothing in this agreement prevents the

government in any way from prosecuting the defendant should the defendant knowingly provide

false, untruthful. or perjurious infomlation or testimony. or from using infonnation provided by the

defendant in furtherance of ally forfeiture action, whether criminal orcivil. administrative or judicial.

The United States will bring this plea agreement and the full extent of the defendant's cooperation

to the attention of other prosecuting offices if requested. Qrf{

{3 } . Defendant Must Provide Full, Complete and Truthful Cooperation

This plea agreement is not conditioned upon charges being brought against any other

individual. This plea agreement is not conditioned upon any outcome in any pending investigation.

This plea agreement is not conditioned upon any result in any future prosecution which may occur

because of the defendant's cooperation. lllis plea agreement is not conditioned upon any result in

any future grand jury presentation or trial involving charges resulting from this investigation. This

plea a~uent is conditioned upon the defendant providing [ull, complete and truthful cooperation.

1'-1 Jj, Motion for a Downward Departure

The parties agree that the United States reserves the right to seek any departure from the

applicable sentencing guidelines, pursuant to Section SK 1.1 of the Sentencing Guidelines and Policy

Statements. or any reduction of sentence pursuant to Rule 3S(b) of the Federal Rules of Criminal

8



a crime of vio lence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.


in delennining the applicable guideline range, except as provided in section 1 B 1.8(b). Nothing in


records in the possession of the United States, Furthemlore. nothing in this ab'Teement prevents the


fa lse, untruthful, or perjurious infomlation or testimony, or from using infonnation provided by the

defendant in furtherance of any forfeiture action, whether criminal orcivil. administrative or judicial.


to the attention of other prosecuting offices if requested. Qrl"{

I J }. Defendant Must Provide Full, Complete and Truthful Cooperation


·i ndividual. This plea agreement is not conditioned upon any outcome in any pending investigation.


because of the defendant's cooperation. TIlis plea agreement is not condi tioned upon any result in


plea a~uent is conditioned upon the defendant providing full , complete and truthful cooperation.

l'-i Jj, Motion for a Downward Departure

The parties agree that the United States reserves the right 10 seek any departure from the



8



a crime of violence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.


in delennining the app li cable guideli ne range, except as provided in section 1 B 1.8(b). Nothing in




false, untruthful, or perjurious infomlation or testimony, or from using infonnation provided by the

defendant in furtherance of any forfeiture action, whether criminal orcivil. administrative or judicial.


to the attention of other prosecuting offices if requested. Qrf{

I J } . Defendant Must Provide Full, Complete and Truthful Cooperation


·i ndividual. This plea agreement is not conditioned upon any outcome in any pending investigation.

This plea agreement is not conditioned upon any resu lt in any future prosecution which may occur

because of the defendant's cooperation. TIlis plea agreement is not conditioned upon any result in


plea a~uent is conditioned upon the defendant providing full , complete and truthful cooperation.

l'-i 1/, Motion for a Downward Departure




8


except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abett ing.

a crime of vio lence (as defined in Title 18, United States Code, Section 16). Pursuant to U.S.S.G.


in delennining the applicable guideline range. except as provided in section 1 B 1.8(b). Nothing in

this plea agreement, however, restri cts the Court's or Probation Officer's access to infonnation and



false, untruth ful, or perjurious infomlation or testimony, or from using infonna tion provided by the

defendant in furtherance of any forfeiture action, whether criminal orcivil . administrative or judicial.


to the attention of other prosecuting offices if requested. Qrl"{

I J } . Defendant Must Provide Full, Complete and Truthful Cooperation


·i ndiv idual. This plea agreement is not conditioned upon any outcome in any pending investigation.


because of the defendant's cooperation. 111is plea agreement is not condi tioned upon any result in


plea a~uent is conditioned upon the defendant providing [ull, complete and truthful cooperation.

l'-i 1/, Motion for a Downward Departure




8



Procedure. if, in its sole discretion, the United States determines that such a departure or reduction

of sentence is appropriate.

r-.R QC1\l;l. ';jf ~..( The defendant consents to any motion by the United States under Rule 6(eX3XE) of the

Payment of Taxes and Filing oCTal: Returns

Federal Rules of Criminal Procedure, to disclose grandjury malerial to the Internal Revenue Service

[or use in computing and collecting the defendant's taxes, interest and penallies, and to the civil and

forfeiture sections of the United States Auomey's Office for use in identifying assets and collecting

fines and restitution . The defendant also agrees to file true and correct lax returns for the year 2004

within sixty days and to pay all taxes, interest and penalties for the year 2004 within a reasonable

time in accordance with a plan to be devised by the Probation Oflice. The defendant further agrees

to make all books. records and documents available to the Internal Revenue Service for use in

computing defendant's taxes. interest and penalties for the year 2004. ,I"...Q.of\l

~ J !15)4'. Breach of the Plea Agreement and Remedies

This plea agreement is effective when signed by the defendant, the defendant's attorney, and

an attorney for the United States, The defendant agrees to entry of this plea agreement at the date

and time scheduled with the Court by the United States (in consultation with the defendant's

attorney). If the de fendant withdraws from this pIca agreement, or commits or attempts to commit

any additional federal. Slale or local crimes. or intentionally gives materially false, incomplete, or

misleading testimony or infonnation, or otherwise vio lates any provision of this agreement, then:

a. The United States will be released from its obligations under this plea

agreement, including any Obligation to seek a downward departure or a

reduction in sentence. The defendant, however, may not withdraw the guilty

9


Procedure. if, in its sole discretion, the United States determines that such a departure or reduction


rli QC1\l;l. 'jr ~.; The defendant consents to any motion by the United States under Rule 6(eX3XE) of the

Payment of Taxes and Filing of Tal: Returns

Federal Rules of Criminal Procedure, to disclose grand jury material to the Internal Revenue Service

[or use in computing and collecting the defendant's taxes, interest and penallies, and to the civil and

forfeiture sections of the United States Altomey's Office fo r use in identifying assets and collecting

fines and resti tution. The defendant also agrees to file true and correct lax returns for the year 2004

within sixty days and La pay all taxes, interest and penalties for the year 2004 within a reasonable

time in accordance with a plan to be devised by the Probation Offlce. The defendant further agrees

to make all books. records and documents available to the Internal Revenue Service for use in

cO~t~endant's taxes. interest and penalties for the year 2004.

~ J !.H)1. Breach of the Plea Agreement and Remedies

This plea agreement is effective when signed by the defendant, the defendant's attorney. and


and time scheduled with the Court by the United States (in consultation with the defendant'S

attorney) , If the defendant withdraws from this plea agreement. or commits or attempts to commit

any additional federal. Slale or local crimes. or intentionally gives materially false, incomplete, or

misleading testimony or infonnat ion, or otherwise violates any provision of this agreement, then:

a, The United States will be released from its obligations under this plea

agreement, including any Obligation to seek a downward departure or a

reduction in sentence. The defendant, however, may not withdraw the guilty

9


Procedure. if. in its sole discretion, the United States detennines that such a departure or reduction


rli Q<w;l. 'jr ~.; The defendant consents to any motion by the United States under Rule 6(c)(3)(E) of the

Payment of Tal:es and Filing of Tal: Returns

Federal Rules of Criminal Procedure, 10 disclose grandjury maleriallo the Internal Revenue Service

for use in computing and collecting the defendant's taxes, interest and penaILi es, and to the civil and

forfeiture sections of the United States Altomey's Office for use in identifying assets and collecting

fines and resti tution. The defendant also agrees 10 fi le true and correct lax returns for the year 2004


time in accordance with a plan to be devised by [he Probalion Offlce. The defendant further agrees

to make all books. records and documents available to the Internal Revenue: Service fOT use in

CO~tutCf~endant's taxes. interest and penalties for the year 2004.

~ J /;S5 y.(. Breach of the Plea Agreement and Remedies

This plea agreemen t is effective when signed by the defendant, the defendant's attorney, and


and time scheduled with the Court by the United Slates (in consu ltation with the defendant's

attorney). If the defendant withdraws from this plea agreement, o r commits or allempts to commit

any additional federal, state or local crimes. or intentionally gives materially false, incomplete, or

misleading testimony or infonnalion, or othelWise vio lates any provision of this agreement, then:

a. The Uni ted States will be released from its ob ligations under th is plea

agreement, including any obligation 10 seek a downward departure or a

reduction in sentence. The defendant, however, may nol withdraw the guilty

9


Procedure. if. in its sole discretion, the United States detennines that such a departure or reduction


Ji Q<w;l. 'jr ~.; The defendant consents to any motion by the United States under Rule 6(c)(3)(E) of the

Payment of Tal:es and Filing of Tal: Returns

Federal Rules of Criminal Procedure, 10 disclose grandjury material to the Internal Revenue Service

for use in computing and collecting the defendant's taxes, interest and penaILies, and to the civil and

forfei ture sections of the United States Altomey's Office for use in identifying assets and collecting

fines and resti tution. The defendant also agrees to fi le true and correct lax returns for the year 2004


time in accordance with a plan to be devised by [he Probalion Offlce. The defendant further agrees

to make all books. records and documents available 10 the Internal Revenue: Service faT use: in

computing defendant's taxes. interest and penalties for the year 2004. \I,,--O.l'f1l

~ J /;S5)t. Breach of the Plea Agreement and Remedies

This plea agreement is effective when signed by the defendant, the defendant's attorney, and

an attorney for the United States, The defendant agrees to entry of this plea agreement at the dale

and time scheduled with the Court by the United States (in consuhation with the defendant'S

attorney). If the defendant withdraws from this pica agreement, or commits or atlempts to commit

any additional federal, Slale or local crimes. or intentionally gives materially false, incomplete, or

misleading testimony or infonnalion, or othelWise vio lates any provision of this agreement, then:

a. The Uni ted States will be released from its obligations under th is plea

agreement, including any obligation 10 seek a downward departure or a

reduction in sentence. The defendant, however, may nol withdraw the guilty

9

Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 11 of 23Case 3:09-cr-00397-H EH Document 6 Filed 11 /13/2009 Page 10 of 13

plea entered pursuant to this agreement;

b. The defendant will be subject La prosecution for any federal criminal

violation, including, hut not limited to, perjury and obslructionofjuslice, that

is not time-barred by the applicable statute of limitations on the date this

agreement is signed. Notwithstanding the subsequent expiration of the

statu te of limitations, in any such prosecution, the defendant agrees to waive

any statute-of-limitations defense; and

c. Any prosecution, including the prosecution that is the subject of this

agreement, may be premised upon any in formation provided, or statements

made, by the defendant. and all such infonnation, statements, and leads

derived therefrom may be used against the derendant. The defendant waives

any right to claim that statements made before or after the date of this

agreement, including the statement of facts accompanying this agreement or

adopted by the defendant and any other statements made pursuant to this or

any other agreement with the United States. should be excluded or suppressed

under Fed. R. Evid. 410. Fed. R. Crim. P. 11(f), the Sentencing Guidelines

or any other provision of the Constitution or federal law.

Any alleged breach of this agreement by ei ther party shall be determined by the Court in an

appropriate proceeding at which the derendant's disclosures and documentary evidence shall be

admissible and at which the moving pany shall be required to establish a breach of the plea

agreement by a preponderance of the evidence. The proceeding established by this paragraph does

not UPI>ly. however, to the decision of the United States whether (0 file a motion based on

10



b. The defendant will be subject 10 prosecution for any federal criminal

violation, including, hut not limited to, perjury and obslnJctionofju51ice, thai

is nol time-barred by the applicable statute of limitations on the date this


statute oflimitations, in any such prosecution, the defendant agrees to waive


c. AllY prosecution, including the prosecution that is the subject of this

agreement, may be premised upon any information provided, or statements

made, by the defendant. and all such infonnation, statements, and leads

derived therefrom may be used against the defendant. The defendant waives

any right to claim that statements made before or after the date of this

agreement, including the statement of facts accompanying this agreement or

adopted by the defendant and any olher statements made pursuant to this or

any o ther agreement with the United States, should be excluded or suppressed

under Fed. R. Evid . 410. Fed. R. Crim. P. II(f), the Sentencing Guidelines

or any other provision of the Constitution or federal law.

Any alleged breach of th is agreement by ei ther party shall be determined by the Court in an

appropriate proceeding at which the defendant's disclosures and documentary evidence shall be

admissible and at which the moving paJ1y shall be required to establish a breach of the plea

agreement by a preponderance of the evidence. The proceeding established by this paragraph does

nOI UPI>ly. however, to the deci sion of the United Slates whether (0 file a mot ion based on

10




violation, including, but not li mited to, perjury and obslTUctionofjusl ice, that



stalUie oflimitations. in any such prosecution, the defendant agrees to waive

any statute-o f-limitations defense; and

c. Any prosecution. includi ng the prosecution that is the subject of this

agreement, may be premised upon any in fonnation provided, or statements

made. by the defendant. and all such in fonnation. statements, and leads

derived therefrom may be used agai nst the defendant. The defendant waives

any right 10 claim that statemenls made before or after the date of this

agreement, including the statement offacts accompanying this agreement or

adopted by the defendant and any other statements made pursuant 10 this or

any o ther agreement with the United States, shou ld be excluded or suppressed

under Fed. R. Evid . 41 0, Fed. R. Crim. P. 11(f), the Sentencing G uidelines

or any other provision of the Constitution or federa l law.

Any alleged breach of th is agreement by either pany shall be determined by the Coun in an

appropriate proceeding at which the defendant 's disclosures and documentary evidence shall be

admissible and at which the moving par1y shall be required to establ ish a breach of the plea

agreement by a prepondera.nce oflhe evidence. The proceeding estab lished by thi s paragraph does

nOl UPI>I),. howcvcr, to the decision of the Uni ted Slates whether to file a mOlion based on

10


pica entered pursuant to this agreement;


violation, including, but not li mited to, perjury and obslTUctionofju51ice, that



stalUie oflimitations. in any such prosecution. the defendant agrees to waive


c. Any prosecution. including the prosecution that is the subject of this

agreement, may be premised upon any in fonnation provided, or statements

made. by the defendant. and all such in faonation, statements, and leads

derived therefrom may be used agai nst the defendant. The defendant waives

any right 10 claim that statements made before or after the date of this

agreement, including the statement offacts accompanying this agreement or

adopted by the defendant and any other statements made pursuant to this or

any o ther agreement with the United States, shou ld be excluded or suppressed

under Fed. R. Evid . 41 0, Fed. R. Crim. P. 11(f), the Sentencing Guidelines

or any other provision of the Constitution or federa l law.

Any alleged breach of th is agreement by either pany shall be determined by the Coun in an

appropriate proceeding at which the defendant 's disclosures and documentary evidence shall be

admissible and at which the moving par1y shall be required 10 establ ish a breach of the plea

agreement by a prepondera.nce of the evidence. The proceeding establ ished by thi s paragraph does

nOl up»I),. however, to the decision of the Uni ted Slates whether 10 file a mOl ion based on

10



"substantial assistance" as that phrase is used in Rule 35(b) of the Federal Rules of Criminal

Procedure and Section 5K 1.1 of the Sentencing Guidelines and Policy Statements. The defendant

agrees that the decision whether to file sllch a motion rests in the sole discretion afthe United States.

tfSt. 11"1: ~ur. of the Agreement and Modifications

~ This written agreement eonstitutes the compiete plea agreement between the United States,

lhe defendant, and the defendant's counsel. The defendant and his attorney acknowledge that no

threats, promises, or representations have been made, nor agreements reached, other than those set

fonh in writing in this plea agreement, to cause the defendant to plead guilty. Any modification of

this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea

agreement signed by all parties.

Dana J. Boeote Acting United States Attorney

Steven Tyrrell Chief United States Department of Justice Criminal Divi on. Fnlud Section

By:

By: Rina C. Tucker Harris Trial AUorney

,

United States Department of Justice Criminal Division, Fraud Section

I I




agrees that the decision whether to file sllch a motion rests in the sole discretion afthe United States.

~ ll-!., ~ur. oftbe Agreement aDd Modifications

~ This wntlen agreement constitutes lhe comptete plea agreement between lhe Uniled Slales,

the defendant, and the defendant's counsel. The defendant and his attorney acknowledge that no

threats, promises. or representations have been made, nor agreements reached, other than those set

fonh in writing in this plea agreement, to cause the defendant \0 plead guilty. Any modification of

this plea agreement shall be va lid only as set forth in writing in a supplemental or revised plea

agreement signed by all parti es.

Dana J. Boente Acting United States Attorney

Steven Tyrrell Chief United States Department of Justice Criminal Divi on. Fraud Section

By:

By: Rina C. Tucker Harris Trial AUomey

,


II




agrees that the decision whether to file sllch a motion reSIS in the sole discretion afthe United States.

tfif: ll-!., ~ur. oftbe Agreement and Modifications

~ This wntlen agreement eonstitutes the eomptete plea agreement between the United States,

the defendant, and the defendant '5 counsel. The defendant and his auorney acknowledge that no






Steven Tyrrell Chief United States Depanment of Justice Criminal Divi on, Fraud Section

By:

By: Rina C. Tucker Harris Trial Attorney

,

United States Department of Justice Criminal Division. Fraud Section

II




agrees that the decision whether to file sllch a motion reSIS in the sole discretion of the United States.

4: ll-!., ~ur. oftbe Agreement aDd Modifications

~ This wntlen agreement eonSlitutes the eomplete plea agreement between the United States,

the defendant, and the defendant's counsel. The defendant and his auorney acknowledge that no






Steven Tyrrell Chief United States Department of Justice Criminal Divi on, Fraud Section

By:

By: Rina C. Tucker Harris Trial Attorney

,


II



Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, United States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part ofil with my anomey. I understand this agreement and voluntarily agree to it.

Date: ~'::' 1'..:.'~'~'-6~~~~~~~~~\~~ __ _ ~ Ch au! Edward Jumel Defendant

Defense Counsel Sjgnature: 1 am counsel for the defendant in this case. J have fu lly explained to the defendant the defendant 's rights with respect to the pending criminal infonnation. Funher. I have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual , and I have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every pan of this plea agreement with the defendant. To my knowledge, the defendant'S decision to enter into this agreement is an infonned and voluntary one.

Robert Wagner Counsel for the Defendant

12


Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, Uni ted States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this pica agreement and carefully reviewed every part oril with my anorney. I understand this agreement and voluntarily agree to it.

Date: ~:::' 1'..:.':"'~'-6~~~~~~~~~\:~~ __ ~ Ch aul Edward Jumel Defendant

Defense Counsel Signature: I am counsel for the defendant in this case. J have fully explained to the defendant the defendant's rights with respect to the pending criminal infonnation. Funher. J have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual , and 1 have fully explained to the defendant the provisions that may apply in this case. J have carefully reviewed every part or this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary one.

Date: 'I , '3 ,(), Robert Wagner Counsel for the Defendant

12

Case 3:09-cr-00397 -HEH Document 6 Filed 11 11312009 Page 12 of 13

Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, Uni ted States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to it

Date: ~'::' 1'..:.'~'~'-6~~~~~~~~~\~~~ __ ~ Ch aul Edward Jumel Defendant

Defense Counsel Signature: 1 am counsel for the defendant in this casco I have fully explained to the defendant the defendant's rights with respect to the pending criminal infonnation. Funher. J have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual, and 1 have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary one.

Robert Wagner Counsel for lhe Defendant

12

Case 3:09-cr-00397 -HEH Document 6 Filed 11 11312009 Page 12 of 13

Defendant's Signature: J hereby agree that I have consuhed with my attorney and fully understand all rights with respect to the pending criminal infonnation. Funher, I fully understand all rights with respect to Title 18, United States Code, Seclion 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand this agreement and voluntarily agree to it

Date: ~'::' 1'..:.'~'~'-6~~~~~~~~~\~~~ __ ~ Ch aul Edward Jumel Defendant

Defense Counsel Signature: 1 am counsel for the defendant in this casco I have fully explained to the defendant the defendant's rights with respect to the pending criminal infonnation. Funher. J have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual, and 1 have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary one.

Robert Wagner Counsel for the Defendant

12

Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 14 of 23Case 3:09-cr-00397-HEH Document 6 Filed 11113/2009 Page 13 of 13

U. S . DEPARTMENT OF JUSTICE Statement or Special Assessment Account

This statement reneets your special assessment only. There may be other penalties imposed al sentencing.

ACCOUNT INFORMATION

CRIM. ACTION NO.:

DEFENDANT'S NAME; CHARLES PAUL EnWARD JUMET

PAY THIS AMOUNT: S2OO.OO

INSTRUCTIONS:

I . MAKE CHECK OR MONEY ORDER PAYABl..E TO: CLERK, U . S. DISTRICT COURT

2. PAYMENT MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENT£NCINGDATE

3. PAYMENT SHOULD HE SENT TO;

In person (9 AM to 4 PM) By mail :

Alexandria cases: Clerk, U.S. District Court 401 Courthouse Square Alex:mdria, VA 21314

Richmond cases: Clerk, U.S. District Court 701 East Broad Street. Suite 3000

Richmond, VA 23219

Newport News cases: C ler k, U.S. Distr ict COUl't Cler k, U.S. District Court 101 • 2Slb Street, 2111l Floor P. O. Box 494 Newport News, V A 23607 Newport News, VA 23607

Norfolk cases: Clerk, U.S. District Court 600 Granby Str eel Norfolk, V A 23510

4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO~EY ORDER

5. ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF PAYMENT


U. S. DEPARTMENT OF JUSTICE Statement of Special Assessment Account

This statement renects your special assessment only. There may be other penalties imposed 0.1 sentencing.

ACCOUNT fNFORMA TION

CRIM. AcrtON NO.:

DEFENDANT'S NAME: CHARLES PAUL EDWARD JUMET

PAY THIS AMOUNT: S200.00

INSTRUCfIONS:

I . MAKE CHECK OR MONEY ORDER VA YABLE TO: CLERK, U. S. DISTRICT COURT

2. rAYMENTMUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE

3. PAYMENT SHOULD HE SENT TO:

In perion (9 AM to 4 PM) By mail :

Alexandria cases: Clerk. U.S. District Court 401 Courthouse Square AJcXllndria., VA 21314

Richmond cases: Clerk, U.S. District Court 701 East Broad Street. Suite 3000

Richmond, VA 23219

Newport News cases: Clerk, U.s. District Court Clerk, U.S. District Court 101 • 251

- Street, 2nd Floor P. O. Box 494 Newport News, V A 23607 Newport News, VA 23607

Norfolk cases: Clerk, U.S. District Court 600 Granby Streel Norfolk, VA 23510

4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO!-lEY ORDER




This statement renects your special assessment only. There may be other penalties imposed 0.1 sentencing.


CRIM. AcrtON NO.:

DEFENDANT'S NAME; CHARLES PAUL EDWARD JUMET


INSTRUcrIONS:


2. rAYMENl'MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE

3. PAYMENT SHOULD HE SENT TO:

In per50n (9 AM to 4 PM ) Byma;l :

Alexandria cases: Clerk, U.S. District Court 401 Courthouse Square AJcXllndria., VA 21314

Richmond cases : Clerk, U.S. District Court 701 East Broad Street. Suite 3000

Ric hmond, VA 23219

Newport News cases: Clerk, U.s. District Court Clerk, U.S. District Court 101 • 251b Street, 2nd Floor P. O. Box 494 Newport News, V A 23607 Newport News, VA 23607

Norfolk cases: Clerk, U.S. District Court 600 Granby Streel Norfolk, V A 23510

4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO}/EY ORDER




This statement reneets your special assessment only. There may be other penalties imposed at sentencing.


CRIM. AcrtON NO.:

DEFENDANT'S NAME: CHARLES PAUL EDWARD JUMET


INSTRUcrIONS:


2. rAYMENTMUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE

3, PAYMENT SHOULD HE SENT TO:

In per50n (9 AM to 4 PM) By mail :

Alexandria cases: Clcrk. U.S. District Court 401 Courthouse Square AJcxnndria., VA 22314

Richmond cases : Clerk, U.S. District Court 701 East Broad Street. Suite 3000

Richmond, VA 23219

Newport News cases: Clerk, U.s. District Court Clerk, U.S. District Court 101 • 251b Street, 2nd Floor P. 0, Box 494 Newport News, V A 23607 Newport News, VA 23607

Norfolk cases: Clerk, U.S. District Court 600 Granby Streel Norfolk, V A 235] 0

4. INCLUDE DEFENDANT'S NAME ON CHECK OR MO}/EY ORDER



EXHIBIT A-2 TO


EXHIBIT A-2 TO


EXHIBIT A-2 TO


EXHIBIT A-2 TO



• Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR TE EASTERN DISTRICT OF VIRGINIA

Richmond Division

UNITED STATES OF AMERICA, ) ) )

~ ) )

CRIMINAL No.

NOV 1 3 2009


Defendant. )

STATEMENT OF FACTS

The parties stipulate that the allegations in the criminal infonnation and the following

facts are true and correct, and had the matter gone to trial, the United States would have been

able to establish said facts sufficient to prove Defendant's guilty beyond a reasonable doubt:

1. From at least in 1997 through in and around July 2003, in the Eastern District of

Virginia, and elsewhere, the defendant, CHARLES PAUL EDWARD JUMET did knowingly

combine. conspire, confederate, and agree, together with Co-conspirator A. and others to

willfully make use of the mails and means and instrumentalities of interstate commerce corruptly

in furtherance of an offer. payment, promise to pay, and authorization of the payment of any

money. or offer. or gift. promise to give. and authorization of the giving of anything of value to

any foreign official for purposes of: (i) innuencing acts and decisions of such foreign official in

his and its official capacity; (ii) inducing such foreign official to do and omit to do acts in

violation of the lawful duty of such official ; (i ii ) securing an improper advantage; and (iv)

inducing such foreign official to use his or its innuence with a foreign government and

instrumentalities theroofto affect and influence acts and decisions of such government and




Richmond Division


~ ) )

CRIMINAL No.

NOV 1 3 2009


Defendant. )

STATEMENT Of FACTS


facts arc true and correct, and had the matter gone to trial, the United Stales would have been

able to establish said facts sufficient to prove Defendant ' s guilty beyond a reasonable doubt:


Virginia, and elsewhere, the defendant. CHARLES PAUL EDWARD JUMET did knowingly

combine, conspire, confederate, and agree, together with Co-conspirator A. and others to


in furtherance of an offer. payment, promise to pay, and authorization of the payment of any

money. or offer, or gift. promise to give. and authorization of the giving of anything of value to

any foreign official fo r purposes of: (i) influencing acts and decisions of such foreign official in


violation of the lawful duty of such official; (iii) securing an improper advantage; and (iv)

inducing such foreign official to use his or its influence with a foreign government and

instrumentalities thereof to affect and influence acts and decisions of such government and




Richmond Division


~ ) )

CRIMINAL No.

NOV 1 3 2009


Defendant. )

STATEMENT OfFACTS


facts are true and correct, and had the matter gone to trial. the United Stales would have been

able to establish said facts sufficient (0 prove Defendant's guilty beyond a reasonable doubt:



combine. conspire, confederate, and agree, together with Co-conspirator A. and others to


in furtherance of an offer, payment, promise to pay, and authorization of the payment of any

money. or offer, or gift. promise to give, and authorization of the giving of anything of value to

any foreign official for purposes of: (i) influencing acts and decisions of such foreign official in


violation of the lawful duty of such official ; (iii) securing an improper advantage; and (iv)


instrumentalities thereof to affect and innuence acts and decisions of such government and




Richmond Division


~ ) )

CRIMINAL No.

NOV 1 3 2009


Defendant. )

STATEMENT Of FACTS


facts are true and correct, and had the matter gone to trial. the United Stales would have been

able to establish said facts sufficient to prove Defendant's guilty beyond a reasonable doubt:



combine. conspire, confederate, and agree. together with Co-conspirator A. and others to


in furtherance of an offer, payment, promise to pay, and authorization of the payment of any

money. or offer, or gift. promise to give, and authorization of the giving of anything of value to

any foreign official for purposes of: (i) influencing acts and decisions of such foreign official in


vio lation orthe lawful duty of such official ; (iii) securing an improper advantage; and (iv)


instrumentalities thereof to affect and innuence acts and decisions of such government and



instrumentalities. in order to assist Ports Engineering Consultants Corporation (PECC) and

Overman de Panama in obtaining and retaining business for and with, and directing business to

Company A and Overman de Panama, all in violation of Title 15, United States Code, Sections

78dd-2(a)(t )(i).

2. In or about December 1996, PEeC created under the laws of Panama so that

JUMET and Co-conspirator A could corruptly obtain a government contract to, inler alia.

maintain the lighthouses and buoys in the waterways outside the Panama CanaL

3. In or about December 1996, JUMET and Co-conspirator A, established Overman

de Panama, a wholly owned subsidiary ofOvennan Associates, under the laws of Panama.

Ovc::nnan de Panama was a holding company for any investment that its wholly owned

subsidiary, Overman Associates, made in the Republic of Panama and Overman de Panama had a

management interest in PECC.

4. As President of both PECC and Ovennan de Panama, Co-conspirator A was

responsible for overseeing PECC's and Overman de Panama's business activities.

5. JUMETt a United States citizen, was the Vice President of PECC from 1997

through 2000 and then later replaced Co-conspirator A as the President of PECC in 2000.

JUMET was also Vice President of Overman de Panama. JUMET was a domestic concern and

was an employee and a shareholder ofOvennan Associates, which was a domestic concern.

6. In or about January 1997, with the assislance from Government Official A, the

Administrator of Panama's National Maritime Ports Authority ("APN") and Government Official

B, a Deputy Administrator of APN, JUMET and Co-conspirator A submitted a proposal for the

privatization of APN's engineering department, whereby Ovennan Associates and its affi liate,

2


instrumentalities. in ordcr to assist Ports Engineering Consultants Corporation (PECC) and

Overman de Panama in obtaining and retaining business for and with. and directing business to

Company A and Ovennan de Panama, all in violation of Title 15. United States Code, Sections

78dd-2(a)( t Xi).

2. In or about December 1996, PECC created under the laws of Panama so that

JUMET and Co-conspirator A could corruptly obtain a government contract to, inter alia,


3. In or about December 1996, JUMET and Co-conspirator A, established Overman

de Panama, a wholly owned subsidiary of Overman Associates, under the laws of Panama,

Overman de Panama was a holding company for any investment that its wholly owned

subsidiary, Ovennan Associates, made in the Republic of Panama and Ovennan de Panama had a



responsible for overseeing PECC's and Overman de Panama's business activities.

5. JUMET, a United States citizen, was the Vice President of PECC from 1997

through 2000 and then later replaced Co-conspirator A as the President of PECC in 2000.


was an employee and a shareholder of Oven nan Associates, which was a domestic concern.

6. In or about January 1997, with the assistance rrom Government Official A, the


B, a Deputy Administrator of APN, JUMET and Co-conspi rator A submitted a proposal for the

privatization of APN's engineering department, whereby Ovennan Associates and its affi liate,

2

Case 3;09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 2 of 8

instrumentalities. in order to assist Ports Engineering Consultants Corporation (PECC) and


Company A and Overman de Panama, all in violation of Title 15. United States Code, Sections

78dd-2(a)(t )(i),

2. In or about December 1996, PECC created under the laws of Panama so that



3. In or about December 1996, JUMET and Co-conspirator A. established Overman


Ovennan de Panama was a holding company for any investment that its wholly owned


management interest in PECe.


responsible for overseeing PECC's and Ovennan de Panama's business activities .

5. J UMET, a United States citizen, was the Vicc President of PECe from 1997

through 2000 and then later replaced Co-conspirator A as the President ofPECe in 2000.


was an employee and a shareholder ofOvennan Associatcs, which was a domestic concern.

6. In or about January 1997, with the assistance from Government Official A, the



privatization of APN's engineering department, whereby Ovennan Associates and its affiliate,

2

Case 3;09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 2 of 8

instrumentalities. in order to assist Ports Engineering Consultants Corporation (PEeC) and


Company A and Overman de Panama, all in violation of Title 15. United States Code, Sections

78dd-2(a)( t )(i),

2. In or about December 1996, PEeC created under the laws of Panama so that



3. In or about December 1996, JUMET and Co-conspirator A. established Overman


Ovennan de Panama was a holding company for any investment that its wholly owned




responsible for overseeing PECC's and Ovennan de Panama's business activities .

5. JUMET, a United States citizen, was the Vicc President of PECC from 1997

through 2000 and then later replaced Co-conspirator A as the President ofPECC in 2000.


was an employee and a shareholder ofOvcnnan Associatcs, which was a domestic concern.

6. In or about January 1997, with the assistance from Government Official A, the



privatization of APN's engineering department, whereby Ovennan Associates and its affiliate,

2

Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 18 of 23Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 3 of 8

Overman de Panama would provide the engineering services to APN through PECe. Co

conspirator A promised to hire substantially all of APN's fonner Engineering Department

employees. who were employed by APN as of December 31,1996.

7. In or about January 1997, without seeking any bids from other companies,

Government Official A, the Administrator of APN, awarded PEee a provisional contract

allowing it to collect lamITs directly from ships that went into port in Panama, to maintain the

lighthouses and buoys, to conduct engineering studies, and to maintain aids to navigation.

8. Shortly after PECe was awarded the provisional contract, PECe opened a bank

account at L10yds Bank in January 1997. JUMET and Co-conspirator A were signatories on this

account, which was used to make corrupt "dividend" payments to PEeC's concealed

shareholders.

9. In or about February 1997, APN awarded PECC a 20-year concession allowing

PECC to collect the lighthouse and buoy tarifTs. Under the operative contract, PECC was

allowed to keep 90 percent of the tariffs pursuant to the contract and gave 10 percent to APN.

10. On or about March 7,1997, Co-conspirator A presided over a special PEee's

shareholder meeting, during which he, JUMET, and other members of PEeC's Board of

Directors authorized the issuance of 1,000 non registered common shares, which could be

registered shares or "bearer" shares.

11 . In or about 1997, Co-conspirator A. JUMET, Wannspell Holding Corporation,

Soderville Corporation, and three others who were simply referred to as "bearer" became

shareholders of PECC. Co-conspiralor A and JUMET each had a 10 percent ownership interest

in PECC. Both Wannspell Holding Corporation and Soderville Corporation each held a 30

3

- , Case 3:09-cr-00397-HEH Document 7 Filed 11113/2009 Page 3 of 8

Overman de Panama would provide the engineering services to APN through PEee. Co

conspirator A promised to hire substantially all of APN's fanner Engineering Department

emptoyees, who were employed by APN as or December 31,1996,

7. In or about January 1997, without seeking any bids rrom other companies,

Government Official A, the Administrator of APN, awarded PEee a provisional contract

allowing it to collect tarriffs directly from ships that went into port in Panama, to maintain the


8. Shortly after PEee was awarded the provisional contract, PEee opened a bank

account at L10yds Bank in January 1997. JUMET and Co-conspirator A were signatories on this

account, which was used to make corrupt "dividend" payments (0 PECC's concealed

shareholders.

9. In or about February 1997, APN awarded PEee a 20-year concession allowing

PECC to collect the lighthouse and buoy tarifTs. Under the operative contract? PEee was


10. On or about March 7,1997, Co-conspirator A presided over a special PEeC's

shareholder meeting, during which he, JUMET, and other members ofPECe's Board of



11 . In or about 1997, Co-conspirator A, JUMET, Wannspell Holding Corporation,

Soderville Corporation. and three others who were simply referred to as "bearer" became

shareholders of PECe. Co-conspirator A and JUMET each had a 10 percent ownership interest

in PEeC. Both Wannspell Holding Corporation and Soderville Corporation each held a 30

3

- , Case 3:09-cr-00397-HEH Document 7 Fited 1111312009 Page 3 of 8


conspirator A promised to hire substantially all of APN's former Engineering Depanment

employees. who were employed by APN as of December 31,1996.

7. In or about January 1997, without seeking any bids from other companies,

Government Official A, the Administrator of APN. awarded PEeC a provisional contract



8. Shortly after PEee was awarded the provisional contract. PEee opened a bank

account at Lloyds Bank in January 1997. JUMET and Co-conspirator A were signatories on this

account. which was used to make corrupt "dividend" payments to PEeC's concealed

shareholders.


PECC to collect the lighthouse and buoy tariffs. Under the operative contract, PECC was


10. On or about March 7, 1997, Co-conspirator A presided over a special PECC's

shareholder meeting, during which he, JUMET. and other members of PECC's Board of



II. In or about 1997, Co-conspirator A. JUMET. Wannspell Holding Corporation.


shareholders ofPECC. Co-conspirator A and JUMET each had a 10 percent ownership interest

in PECC. Both Wannspell Holding Corporation and Soderville Corporation each held a 30

3

· , Case 3:09·cr·00397·HEH Dacumenl7 Filed 1111312009 Page 3 of 8


conspirator A promised to hire substantially all of APN's former Engineering Depanment

employees. who were employed by APN as of December 31.1996.

7. In or about January 1997, without seeking any bids rrom other companies,

Government Official A, the Administrator of APN. awarded PEeC a provisional contract



8. Shortly after PEee was awarded the provisional contract. PEee opened a bank

account at Lloyds Bank in January 1997. JUMET and Co-conspirator A were signatories on this

account. which was used to make corrupt "dividend" payments (0 PECC's concealed

shareholders.


PECC to collect the lighthouse and buoy tariffs. Under the operative contract, PECe was

allowed to keep 90 percent of the tariffs pursuant to the comract and gave 10 percent to APN.

10. On or about March 7, 1997, Co-conspirator A presided over a special PECC's

shareholder meeting. during which he, JUMET. and other members ofPECe's Board of



II. In or about 1997, Co-conspirator A. JUMET. Wannspell Holding Corporation,


shareholders of PEeC. Co-conspirator A and JUMET each had a 10 percent ownership interest

in PECC. Both Wannspell Holding Corporation and Sodcrville Corporation each held a 30

3


percent interest in PEeC.

12. Warmspell Corporation and SodelVille COll>Oration were made shareholders of

PEee to conceal the receipt of corrupt payments by Panamanian government officials for

awarding PEee a contract to maintain the lighthouses and buoys in the waterways outside the

Panama Canal.

13. WarmspeJl Holding Corporation had ties to Government Official B, a Deputy

Administrator of APN. SodelVille Corporation had ties to Government Official A, the

Administrator of APN.

14. In or about December 1997, PEee was awarded a 20-year concession to

service the lighthouses and buoys along Panama's waterways outside the Panama Canal. This

service was previously perfomted by the Panamanian government. PEee hired APN workers

and received equipment and office space from APN to perform this task.

15 , In or about December 1997, J UMET, Co-conspirator A, and others authorized

PECC to issue dividend payments totaling $300,000 to its shareholders, including JUMET,

Wannspell Holding Corporation, Soderville Corporation, Co-conspirator A, and three

shareholders who were referred to as "bearer,"

16. Before the dividend payments were issued in 1997, JUMET and Co-conspirator

A were aware that Warmspell Holding Corporation belonged to Government Official B and

Soderville Corporation belonged to Government Official A.

17. On or about December 19, 1997, Co-conspirator A signed a dividend

payment drawn from PECC's account at L10yds Bank in the amount 0($18,000 payable to the

"bearer." This dividend payment was issued to Government Official C. a high ranking

4


percent interest in PEeC,

12. Warmspell Corporation and Soderville Corporation were made shareholders of


awarding PEeC a contract to maintain the lighthouses and buoys in the waterways outside the

Panama Canal.

13. Warmspell Holding Corporation had ties to Government Official B, a Deputy

Administrator of APN. Soderville Corporation had ties to Government Official A, the




service was previously performed by the Panamanian government. PEee hired APN workers

and received equipment and office space from APN to perfonn this task.

15. In or about December 1997. JUMET. Co·conspirator A, and others authorized

PECC to issue dividend payments totaling S3oo,OOO to its shareholders, including JUMET,

Warmspell Holding Corporation, Soderville Corporation, Co·conspirator A, and three

shareholders who were referred to as "bearer,"

16. Before the di vidend payments were issued in 1997, JUMET and Co.conspirator

A were aware that Wannspell Holding Corporation belonged to Government Official B and


17. On or about December 19, 1997. Co--conspirator A signed a dividend

payment drawn from PECC's account at L10yds Bank in the amount of$18,ooo payable to the

"bearer." This dividend payment was issued to Government Official C, a high ranking

4






Panama Canal.

13. Wannspell Holding Corporation had ties to Government Official B, a Deputy

Administrator of APN. Soderville Corporation had ties to Government Official A. the





and received equipment and office space from APN to perform this task.

15 . In or about December 1997. JUMET. Co-conspirator A, and others authorized

PECC to issue dividend payments totaling 5300,000 to its shareholders, including JUMET,

Warmspell Holding Corporation, Soderville Corporation, Co-conspirator A, and three

shareholders who were referred to as "bearer."


A were aware that Warmspell Holding Corporation belonged to Government Official B and


17. On or about December 19, 1997, Co-conspiralor A signed a dividend

payment drawn from PECC's account at L10yds Bank in the amount of$18,ooo payable to the


4






Panama Canal.

13. Wannspell Holding Corporation had ties to Government Official B, a Deputy

Administrator of APN. Soderville Corporation had ties to Government Official A. the





and received equipment and office space from APN to perfonn this task.

15 . In or about December 1997. JUMET. Co-conspirator A, and others authorized

PECC to issue dividend payments totaling 5300,000 to its shareholders, including JUMET,

Warmspell Holding Corporation, Soderville Corporation, Co-conspirator A, and three

shareholders who were referred to as "bearer."


A were aware that Wannspell Holding Corporation belonged to Government Official B and


17. On or about December 19, 1997, Co-conspiralor A signed a dividend

payment drawn from PECC's account at L10yds Bank in the amount of$1 8,ooo payable to the


4


Panamanian elected official, and deposited into his account as a corrupt payment for awarding

PEee the contract.

18, On or about December 22, 1997, a dividend payment 0[$81,000 was issued to

Wannspell Holding Corporation for the purpose of making a corrupt payment to Government

Official B. a Deputy Administrator of APN, for awarding the contract to PEeC.

19. On or about December 22, 1997, a dividend payment 0[581,000 was issued to

Sodervillc Corporation, a company belonging to Government Official A. in order to make a

corrupt payment to Government Official At the Director of APN, for awarding PEee the

contract.

20. On or about December 19, 1997, lumel caused a dividend payment 0[S27,ooO to

be transferred by wire from PEeC's L10yds Bank account to Co-conspirator A's account at First

Virginia Bank of Tidewater in Virginia.

21. On or about December 19. 1997, JUMET received a dividend payment of

S27,OOO, which he had transferred from PEeC's Lloyds Bank account in Panama to his bank

account at Lloyds Bank in Panama.

22. In or about latc 1999. Panama's Comptroller General began investigating APN's

decision to award PEeC a contract without soliciting other bids. As a result of this investigation.

with few exceptions, the Panamanian government did not make any payments to PEeC from

1999 until 2003. The government also did not allow PECC to collect the lighthouse and buoy

tariffs.

23. In or about September 1999, JUMET and Co-conspirator A agree that PECC

would pay $1 09,536.50 to Overman de Panama.

5



PEee the contract.

18. On or about December 22, 1997, a dividend payment 0[$81,000 was issued to


Official B. a Deputy Administrator of APN, for awarding the contract to PEec.

19. On or about December 22, 1997, a dividend payment 0[$81 ,000 was issued to

Soderville Corporation. a company belonging to Government Official A. in order to make a

corrupt payment to Government Official At the Director of APN. for awarding PEeC the

contract.

20. On or about December 19, 1997, Jumct caused a dividend payment 0[S27,000 to



21 . On or about December 19. 1997, J UMET received a dividend payment of

S27,000, which he had transferred from PECC's Lloyds Bank account in Panama to his bank

account at L10yds Bank in Panama.

22. In or about late 1999. Panama's Comptroller General began investigating APN's

decision to award PECC a contract without soliciting other bids. As a result of this investigation,

with few exceptions, the Panamanian government did not make any payments to PECC from

1999 until 2003. The government also did not allow PECC to collect the lighthouse and buoy

tariffs.

23. In or about September 1999, J UMET and Co-conspirator A agree that PECC

would pay $1 09,536.50 to Ovennan de Panama.

5



PEee the contract.

18, On or about December 22, 1997, a dividend payment 0[S81,OOO was issued to



19. On or about December 22, 1997, a dividend payment 0[$81 ,000 was issued to

Soderville Corporation, a company belonging to Government Official A. in order to make a

corrupt pa}t1Tlent to Government Official At the Director of APN. for awarding PEee the

contract.

20. On or about December 19. 1997, lumet caused a di vidend payment 0[S27,000 to



21 . On or about December 19. 1997, JUMET received a dividend payment of

S27.0OO, which he had transferred from PECC's Lloyds Bank account in Panama to his bank


22. In or about late 1999, Panama's Comptroller General began investigating APN's

decision to award PECC a contract without soliciting other bids. As a result of this investigation,


1999 unlil2oo3. The government also did not allow PECC to collect the lighthouse and buoy

tariffs.

23. In or about September 1999, J UMET and Co-conspirator A agree that PECC


5



PEee the contract.

18, On or about December 22, 1997, a dividend payment 0[S81,OOO was issued to



19. On or about December 22, 1997, a dividend payment 0[S81 ,OOO was issued to

Soderville Corporation, a company belonging to Government Official A. in order to make a

corrupt pa}t1Tlent to Government Official At the Director of APN. for awarding PEee the

contract.

20. On or about December 19. 1997, lumet caused a dividend payment 0[S27,000 to



21 . On or about December 19, 1997, JUMET received a dividend payment of

S27.0OO, which he had transferred from PECC's Lloyds Bank account in Panama to his bank


22. In or about late 1999, Panama's Comptroller General began investigating APN's

decision to award PEeC a contract without soliciting other bids. As a result of this investigation,


1999 unlil2oo3. The government also did not allow PEeC to collect the lighthouse and buoy

tariffs.

23. In or about September 1999, JUMET and Co-conspirator A agree that PECC


5


24. In or about February 2000, Co-conspirator A filed a lawsuit on behalf ofOvennan

de Panama against PEee in the Circuit Court for the City of Virginia Beach. Virginia, seeking

S84,536.50 plus expenses and interest.

25. In or about November 2000. the Court ordered PEee to pay Overman de Panama

$94,875.07 plus interest.

26. In 2002, Co-conspirator A sought to recoup the judgement against PEee

through a civil lawsuit brought in Panama.

27. On or about June 24, 2003, PECC paid Overman de Panama $50,000. Co-

conspirator A. who was the President of Overman de Panama and Overman Associates. had the

funds wire transferred from Overman de Panama's account 10 Overman Associates's account at

Wachevia Bank in Virginia Beach, Virginia. Co-conspirator A had the funds distributed to

Overman Associates's shareholders. Co-conspirator A received more than 66 percent of the

funds approximately $33,350.

28. In or about July 23, 2003, PECC paid Ovennan de Panama an additional S50,OOO,

which was later transferred by wire from Ovennan de Panama's account to Ovennan

Associates's account at Wachovia. Co-conspirator A had the funds distributed to PECC's

shareholders. Co-conspirator A received approximately $33,350.

29. In October 2003, Government Official A and SG, a Panamanian lawyer, traveled

LO Miami, Florida and met with JUMET.

30. In November 2003, GC, a Panamanian citizen and a fonner employee of

PECC, traveled to Washington, D.C. to meet with JUMET.

6

· . Case 3:09-cr-00397-HEH Document 7 Filed 11 /13/2009 Page 6 of B

24. In or about February 2000, Co-conspirator A filed a lawsuit on behalfofOvennan

de Panama against PEee in the Circuit Court for the City of Virginia Beach. Virginia, seeking

S84,536.50 plus expenses and intcrest.

25. In or about November 2000. the Court ordered PEee [0 pay Overman de Panama

S94,875.07 plus interest.

26. In 2002, Co-conspirator A sought to recoup the judgement against PEee


27. On or .bout June 24, 2003, PECC paid Overman de Panama $50,000. Co-

conspirator A. who was the President of Overman de Panama and Overman Associates, had the


Wachovia Bank in Virginia Beach. Virginia. Co-conspirator A had the funds distributed to

Overman Associates 's shareholders. Co-conspirator A received more than 66 percent of the

funds approximately $33.350.

28. In or about July 23. 2003. PECC paid Ovennan de Panama an additional S50,OOO,

which was later transferred by wire from Ovennan de Panama's account to Ovennan


shareholders. Co-conspirator A received approximately $33,350.

29. In October 2003, Government Official A and SG, a Panamanian lawyer. traveled

to Miami, Florida and met with JUMET.



6



de Panama against PEee in the Circuit Court for the City of Virginia Beach, Virginia, seeking



$94,875.07 plus interest.

26. In 2002. Co-conspirator A sought to recoup the judgement against PEee


27. On or about June 24, 2003, PECC paid Overman de Panama S50,000. Co-




Overman Associates's shareholders. Co-conspirator A received more than 66 percent of the

runds approximately $33.350.

28. In or about July 23, 2003. PECC paid Ovennan de Panama an additional S50,OOO,

which was later transferred by wire rrom Ovennan de Panama's account to Ovennan


shareholders. Co-conspirator A received approximately S33,350.

29. In October 2003. Government Official A and SG, a Panamanian lawyer, traveled


30. In November 2003, GC, a Panamanian citizen and a fanner employee of

PECC. traveled to Washington, D.C. to meet with JUMET.

6



de Panama against PEee in the Circuit Court for the City of Virginia Beach, Virginia, seeking



S94,875.07 plus interest.

26. In 2002. Co-conspirator A sought to recoup the judgement against PEee


27. On or about June 24, 2003, PEee paid Overman de Panama S50,000. Co-


funds wire transferred from Overman de Panama's ilccounllo Overman Associates's account at


Ovennan Associates's shareholders. Co-conspirator A received more than 66 percent of the

runds approximately $33,350.

28. In or about July 23, 2003, PECC paid Ovennan de Panama an additional S50,OOO,

which was later transferred by wire rrom Ovennan de Panama's account to Ovennan


shareholders. Co-conspirator A received approximately S33,350.

29. In October 2003, Government Official A and SG, a Panamanian lawyer, traveled




6


· . Case 3:09-cr-00397-HEH Document 7 Filed 1111312009 Page 7 of 8

31 . In 2004. sa, a Panamanian lawyer, had $50,000 wired to JUMET's account in

Richmond, Virginia.

32. In January 2005 , JUMET knowingly and willfully made a material false

statement to federal agents about the payment of a $18.000 dividend check issued in December

1997 and endorsed by Government Official C, a high ranking elected Panamanian official.

JUMET falsely stated that the dividend check was a donation for Government Official C's

reelection campaign. JUMET knew that Government Official C was not seeking reelection and

the check was in fact given to the official as a corrupt payment for allowing PEeC to receive the

contract [rom the Panamanian government.

By:

By:

Respectfully submitted,

DANA J. BOENTE Acting United States Attorney

STEVEN R. TYRRELL Chief, Fraud Section U.S. D ment of Justice, Criminal Division

Rina C. Tucker Harris Trial Attorney U.S. Department of Justi ce, Criminal Division

7


31 . In 2004, SG, a Panamanian lawyer. had $50,000 wired to JUMET's account in

Richmond, Virginia.

32. In January 200S, JUMET knowingly and willfully made a material false

statement to federal agents about the payment of a $18,000 dividend check issued in December


JUMET falsely stated that the dividend check was a donation for Government Official C 's


the check was in fact given to the official as a corrupt payment for allowing PECC to receive the

contract from the Panamanian government.

By:

By:




Mi aol S. Dry .,....,.i,stant United States Attorney

Rina C. Tucker Harris Trial Attorney U.S. Department of Justice, Criminal Division

7

Case 3:09-cr-00397-HEH Document 7 Fited 11113/2009 Page 7 of 8

31 . In 2004, SG, a Panamanian lawyer, had $50,000 wired to JUMET's account in

Richmond, Virginia.

32. In January 200S, JUMET knowingly and willfully made a material false

statement to federal agents about the payment of a S 18,000 dividend check issued in December




the check was in fact given to the official as a corrupt payment for allowing PECe to receive the


By:

By:



STEVEN R. TYRRELL Chief, Fraud Section U.S. D mcnt of Justice, Criminal Division

Mi ael S. Dry istant United States Attorney

~.,.......


7

Case 3:09-cr-00397-HEH Document 7 Fited 11113/2009 Page 7 of 8

31 . In 2004, SG, a Panamanian lawyer, had $50,000 wired to JUMET's account in

Richmond, Virginia.

32. In January 2005, JUMET knowingly and willfully made a material false

statement to federal agents about the payment of a S 18,000 dividend check issued in December

J 997 and endorsed by Government Official C, a high ranking elected Panamanian official.



the check was in fact given to the official as a corrupt payment for allowing PEee to receive the


By:

By:




Mi ael S. Dry istant United States Attorney

~.,.......


7

Case 2:08-cr-00059-GW Document 343-1 Filed 04/20/10 Page 23 of 23Case 3:09-cr-00397 -HEH Document 7 Filed 11 /13/2009 Page 8 of 8

PECLARATION

By my signature appearing below, I affinn under penalty ofpeIjury that I have read and

agree with [he contents of this statement of facts and the same is incorporated by reference into

the plea agreement. Moreover. I admit that I participated in the underlying criminal conduct as

staled. This is the _ _ _ day of August 2009.

~~ARDJUMET Defendant

I am the attorney for the defendant and I have read and agree with the statement of facts .

Date Counsel for CHARLES PAUL EDWARD JUMET

8


DECLARATION

By my signature appearing below, I affinn under penalty of perjury that I have read and

agree with the contents of this statement of facts and the same is incorporated by reference into

the plea agreement. Moreover. I admit that I participated in the underlying criminal conduct as

staled. This is the _ _ _ day of August 2009.


I am the attorney for the defendant and I have read and agree with the statement of facts ,


8


DECLARATION

By my signature appearing below, I affinn under penalty ofpeljury that I have read and

agree with the contents of this statement of facts and the same is incorporated by reference into

the plea agreement. Moreover, I admit that I participated in the underlying criminal conduct as

staled. This is the _ __ day of August 2009.


1 am the attorney for the defendant and I have read and agree with the statement of facts ,


8


DECLARATION

By my signature appearing below, I affinn under penalty ofpetjury that I have read and

agree with the conlents of this statement of facts and the same is incorporated by reference into

the plea agreement. Moreover, I admit that I participated in the underlying criminal conduct as

staled. This is the _ __ day of August 2009.


1 am the attorney for the defendant and I have read and agree with the statement of facts ,


8


EXHIBITB TO

GOVERNMENT'S REQUEST FOR JUDiCIAL NOTICE

EXHIBITB TO


EXHIBITB TO


EXHIBITB TO


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API'ENDIX B SENTENCES OF PERSONS wno PLED GUILTY TO FCPA VIOLATIONS S INCE 2000

DEFEN DANT CASE NUMIlE R 5K AMOUNT SENTENCE DOWNWARD OF (exc luding monetary DEPARTURE IlRIIlES penalties)

BASED ON SU BSTANTIAL ASSISTANCE

I Ch:lrlcs Paul Edward JUntct United Slates v. Jumcl. NO - 200K 87 months' impri sonment I (Vice Pres ident : President) 09-CR-397 (E.D. Va. 2008)

2 Mis:w Hioki United States v. Hioki. YES - 1M 24 months' imprisonment I (General Mana. er) 08-CR-795 (S.D. Tex. 2008)

3 Shu QU:II1-Shcng United States v. Quan-Sheng. NO - 189K 51 months' impri sonment I (President , Secretary. and Treasurer) 08-CR- 194 (E.D. Va. 2008)

4 Martin Eric Self United States v. Self, NO - 70K 2 years' probation I (CEO) 08-CR-110 (C.D. Cal. 2008)

5 Jason Edw:tnl Sfcph United States v. Slcnh. YES - 6M 15 months' imprisonment I (General Manager) ' 07-CR-307 (S.D. Tex. 2007)

6 Jim Bob Brown United Siales v. Brown. YES - 6M I year and I day's I (M"naging Direc tor) 06-CR-3 16 (S .D. Tex. 2006) impri sonment

7 Ste"en J . Ott United States v. OU. YES - 267K 6 months' home (Executive Vice President) 07-CR-608 (D. N.J . 2007) confinement: 5 years'

probation 8 Yaw Osci Amoako United Sl:Itcs v. Amoako, YES - 267K 18 months' impri sonment

I (Regional Director) 06-CR-702 (D. N.J . 2006) 9 Roge r Mich~lel Young United States v. Young. YES - 267K 3 months' home

(Managing Director) 07-CR-609 (D. N.J . 2007) confinement: 5 years .

probation 10 Christ i~1II Sllpsizian United States v. Sansiz ian. el a l, YES - 2.4M 30 months' impri sonment

I (Vice Pres ident) 06-C R-20797 (S. D. Fla. 2006) II Slc\'cn Lynwood Hcad l United Stales v. I-lead. YES - 2M 6 months' imprisonment

(Pro~ram Manager) 06-CR-1380 (S. D. Ca l. 2006)

I Judgment states "defendant is hereby committed to the custody of the United States Bureau of Prisons 10 be imprisoned for a ternl o f 18 months_ including 6 momhs to be served in a halfway housc:' IDocket Entry 35) 1 Pled to falsificatio n Of Dooks and records port ion of the FCPA: not anti-bribery.

1

APPENDIX B SENTENCES OF PERSONS wno PLED GU ILTY TO FCPA VIOLATIONS SINCE 2000

DEFENDANT CASE NUMBER SK AMOUNT SENTENCE DOWNWARD OF (exc luding monetary DE PARTURE BRIBES pena It ies)

BASED ON SUBSTANTIAL ASSISTANCE

I Cll:lrles 1':1111 Edward .'ulllet United States v. JUlllel. NO - 200K 87 mon ths . imprisonment (Vice President: President) 09-CR-397 (E.D. Va. 2008)

2 Mis:1O Hioki United States v. I-Ii ok i. YES - 1M 24 months' imprisonment ! (General Mana.uer) 08-CR-795 (S .D. Tex. 2008)

3 Shu QU:II1 -Shcng United States v. Quan-Sheng, NO - 189K 5 1 months' imprisonment I (l>rcsidenl. Secretary. and Treasurer) 08-CR-1 94 (E.D. Va. 2008)

4 Martin Eric Sctr United States v. Selr. NO - 70K 2 years' probation I (CEO) 08-C R- 11 0 (C.D. Cal. 2008)

5 ,':'ISUft Edward S lcph United States v. Stcnh_ YES - 6M 15 months' im prisonment I (General Manager) 07-CR-307 (S .D. Tex. 2007)

6 Jim Bob Brown United States v. Brown. YES - 6M I year and I day's (MaIl3£ing Director) 06-CR-316 (S .D. Tex. 2006) imprisonment

7 S levcn J . ou United States v. Ou. YES - 267K 6 months ' horne (Executive Vice Pres idcnt ) 07-CR-608 (D. N.J . 2007) confinement: 5 years'

probation 8 Yaw Osci Amoako United SWtcs v. Amonko, YES - 267K 18 months' imprisonment

I (Regional Director) 06-CR-702 (D. N.J . 2006) 9 Roger Michllcl Young United States v. Young. YES - 267K 3 months' home

(Managi ng Director) 07-CR-609 (D. N.J . 2007) confinemcnt: 5 years' probation

10 C hl'is li:.UI S:Ips izian United States v. S:IQsizi:IIl, e t Oi l. YES - 2.4M 30 months . imprisonmcnt I (Vice Pres iden t) 06-C R-20797 (S. D. Fla. 2006)

II Sleven Lynwood Heml l United States v. I-lead. YES - 2M 6 months' imprisonment I (I'rogralll M:lIlag-cr) 06-CR- 1380 (S .D. Ca l. 2006)

1 Judgmenlstates "defendant is hereby committed to the custody of the United StllIes Bureau of Prisons to be imprisoned for a ternl o f 18 months. including 6 months to be ser\'ed in a halfway house: ' I Docket Entry 35) 1 Pled to fa lsification of books and records portion of lhe FCPA: not anti-bribery.

1

AI'PENOLX B SENTENCES Of PERSONS WUO PLED GU ILTY TO fCPA VIOLATIONS SINCE 2000

DEfENDANT CASE NUMBER 5K AMOUNT SENTENCE DOWNWARD Of (exc luding monetary DE PARTU RE IJlllBES pella 11 ies)

BASE D ON SU BSTANTIAL ASSISTANCE

I C harlcs P:1U1 Edward .JuUlct United States v. Jumel. NO -200K 87 months · imprisonment (Vicc Pres idcnt : President) 09-CR-397 (E.D. Va. 2008)

2 MislW Hioki United States v. llioki . YES - 1M 24 months · imprisonment (Gcllcrnl Mnna,ger) 08-CR-795 (S.D. Tex. 2008)

3 Shu Quan-Shcng United States v. Quan-Shcng. NO - 189K 51 months · imprisonmcnt I (President. Secretary. and Treasurer) 08-CR-1 94 (E.D. Va. 2008)

4 1\brtin Er ic selr United States v. Selr. NO -70K 2 years' probation I (CEO) 08-CR- 11 0 (C.D. Cal. 2008)

5 .hlS01t Edward Stcllh United States v. StcQ:h. YES - 6M 15 months' imprisonmellt I (General Managcr) 07-CR-307 (S.D. Tex. 2007)

6 .Jim Bob Brown United States v. Brown. YES - 6M I year and I day's I (Managi ng Director) 06-CR-3 16 (S.D. Tex . 2006) imprisonment

7 S levcn J . 011 United States v. Ou. YES - 267K 6 months' home (Exccut ive Vice Pres ident ) 07-CR-608 (D. N.J . 2007) confinement : 5 years'

probation 8 Y,IlV Osl'i Amoaku Uniu.'d Sillies v. Amonko, YES -267K 18 months ' imprisonment

I (Regiona l Director) 06-CR-702 (D. N.J . 2006) 9 Roger Mich:tel Young United States v. Young. YES - 267K 3 months' home

(Managi ng Director) 07-CR-609 (D. N.J . 2007) confinement: 5 years' probation

10 C hris tiliU S!ll's izian Unitcd States v. S:IQ:sizinn, e t ai, YES - 2.4M 30 months · imprisonment I (Vice Pres ide nt) 06-CR-20797 (S. D. Fla. 2006)

II SI('\'CII Lynwood I-lead ': United States v. 1·lcad. YES - 2M 6 months' imprisonment I (Program Manaver) 06-CR- 1380 (S.D. Cal. 2006)

• Judgmcnt st3tcs "defend3n! is hereby cOl11mil1cd to the custody of the United SIllies Bureau of Prisons 10 be imprisoned for 3 ternl of 18 1II0nlhs. including 6 Illonlhs 10 be served in u h3tfw3Y house: ' I Dockcl Emry 35) 1 Pled to f31sifiCUlion of books alld records portion o( tlle FCPA: nOI 3n!i-bribcry.

1

AI'PENOLX B SENTENCES Of PERSONS WUO PLED GU ILTY TO fCPA VIOLATIONS SINCE 2000

DEFENnANT CASE NUMBE R 5K AMOUNT SENTENCE DOWNWARD OF (exc luding monetary DEPARTURE BlllBES penalties)


I C harlcs P:1U1 Edward .'UUlct United States v. Jumel. NO -200K 87 months · imprisonment (Vice Pres ident : President) 09-C/(-397 (E.D. Va. 2008)

2 MislW Hioki United States v. llioki. YES - 1M 24 months · imprisonment (General Mnna,ger) 08-CR-795 (S.D. Tex. 2008)

3 Shu Quan-Shcng United States v. Quan-Sheng. NO - 189K 5 1 months · imprisonmcnt I (President. Secretary. and Treasurer) 08-CR- 194 (E.D. Va. 2008)

4 1\1:Irtill Eric selr United States v. Sel r. NO - 70K 2 years' probation I (CEO) 08-CR- II O (C.D. Cal. 2008)

5 .hlson Edward Stcllh United States v. Stcnh. YES - 6M 15 months' imprisonmellt I (General Manager) 07-CR-307 (S.D. Tex. 2007)

6 .Jim Bob Brown United States v. Brown. YES - 6M I year and I day's I (Managing Director) 06-CR-3 16 (S.D. Tex . 2006) imprisonment

7 Slevcn J . Ott United States v. Ou. YES - 267K 6 months' home (Executive Vice Pres iden t) 07-CR-608 (D. N.J . 2007) confinement: 5 years'

probation 8 Y,IlV Osl'i Amoaku United Sillies v. Amonko, YES - 267K 18 months' imprisonment

I (Regional Director) 06-CR-702 (D. N.J . 2006) 9 Rogcr Mich:tcl Yo ung United States v. Young. YES -267K 3 1110nths' home

(Managi ng Director) 07-CR-609 (D. N.J . 2007) confinement: 5 years' probation

10 C hris tian S!I!,sizian Unitcd SWtcs v. Sansizian, e t ai, YES - 2.4M 30 months · imprisonment I (Vice Pres ide nt) 06-CR-20797 (S. D. Fla. 2006)

II SI('\'CII Lynwood I-lcad " United States v. 1·lcad. YES - 2M 6 months' imprisonment I (Program Mannver) 06-CR- 1380 (S.D. Ca l. 2006)

I Judgmcnt sl3tes "defend3nt is hereby cOl11miued to the custody of the United Stllles Bureau of Prisons 10 be imprisoned for 3 teml o f 18 months. induding 6 months 10

be served in II h31fw3Y house:' I Dockcl Entry 351 1 Pled 10 falsificntion o f books and records portion of the FCPA: nOI 3nti-bribcry.

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A PPEND IX B SENTENCES OF PERSONS WHO PLED GUILTY TO FC ['A VIOLATIONS S INCE 2000

DEFENDANT CASE NUM BER 5K AMOUNT SENT ENCE DOWNWARD OF (excluding moneta ry DEPARTURE BRIBES pena hies)


12 Richa rd John Novak United States v. Randock, ct al. YES - 30K-70K 3 years' probation (Employee) 05-CR- 180 (E. D. Wash. 2005)

13 Fahccm MOllsa 8 .. 1am United States II. Salam, YES - 60K 36 months' imprisonment (Trans lator/Contractor) 06-CR- 157 (D.D.C. 2006)

14 RiclHlnJ G. Pitchford United States v. Pitchford . YES - 400K I year and I day's I (V ice Pres ident ; Country Manager) 02-C R-365 ( D.D.C. 2002) impri sonment

15 GallIum Scngllpl:l United Statcs v. ScnguQla. YES - 127 K 2 months' imprisonment ; (Task Manager) 02-CR-040 (D.D.C. 2002) 4 months' home

confinement 16 Rlllucntlm Bastl United Stales v. Basu. NO - 127K 15 months' imprisonment

(Trust Funds Managcrt 02-CR-475 (D. D.C. 2002) 17 Richard K. Halford United Stales v. Ha lford. YES - 1.5M 5 years' probat ion

(CFO) 0 1-CR-22 1 ( W.O. Mo. 200 1) 18 Albert iteitzJ United States II. Reitz. YES - 1.5M 6 months' home

(Vice Pres ident and Secretary) 0 1-CR-222 (W.O. Mo. 200 1) can Ii nemenl; 5 years' probat ion

19 Daniel Ray n.othrock' United States v. Roth rock, -- - 300K 1 year's probation (Vice Pres ident) 0 1-CR-343 (W.O. Tex. 200 1)

20 A lbert Jackson 4'J .ICk" Sta nley ) United Statcs v. Stanley, -- - 10.8M 84 months' impri sonmcnt ; (Officer/Director) 08-CR-597 (S.D. Tex. 2008) Rule I I (c)( I)(C)

3 Unitcd States Sentencing Guidelines Section 2B4 .1. with :;I base o ffcnse leve l of 8. was the applicable U.S.S.G. Section at this tillle. After Novembcr 2002 , Section 2e l.! , with a base offense leve l of 12. became the applicllble V.5.S.G. Section in accordance with international treaty obligations. ~ No indication on docket. 5 Not yet sentenced: however. included in this chart since plea was pursuant to Rule II(c)(I)(C) with an agreed upon sentenceof84 1110nths. Plea agreement provides for the possibi lity ofa sentence reduction below 84 months.

2

A PPEND IX B SENTENCES OF PERSONS WHO I'LED GUILTY TO FC I'A VIOLATIONS SINCE 2000

DEFEN DANT CASE NUMBER 5K AMOUNT SENTENCE DOWNWARD OF (excluding monetary DEPA RT UR E BRIBES penalties)


12 Richard John Nov:lk United States v. Randock, cl nl. YES - 30K-70K 3 years' probation I (EmDloyee) 05-CR-ISO (E.D. Wash. 2005)

13 F;,hccm Mo usa 8:11 am United States v. Salam. YES - 60K 36 months' impri sonment ~ _ (Translator/Contractor) 06-CR- 157 (D.D.C. 2006)

14 Richun.l G. Pitchford United States v. Pitchford . YES - 400K I year and 1 day' s (Vice Pres ident : Country Manager) 02-CR-365 (D.D.C. 2002) imprisonment

15 Gauhllll Sengupta United Stales v. Seng,uQta. YES - 127K 2 months' impri sonment: (Task Manager) 02-CR-040 (D.D.C. 2002) 4 months' home

confinement 16 R:lnlcndra Basu United States v. BaslI. NO - 127K 15 months' imprisonment

I (Trust Funds Manager) 02-CR-4 75 (D.D.C. 2002) 17 Richard K. Hal ford" Uni td States v. Ha lford. YES - 105M 5 years' probat ion

I (CFO) 0 1-CR-221 (W.D. Mo. 200 1) 18 Albert itcil7./ Un ited States v. Reitz, YES - 105M 6 months' home

(Vice Pres idcnt alld Secrcwry) 01-CR-222 (W.D. Mo. 2001) conlincmcl lt : 5 years' probation

19 Dll1licl Ray n.olhrockJ Un ited Statcs v. ROIhrock . -- - 300K I year's probation (V ice President) 0 1-CR-343 (W.D. Tex. 2001)

20 Alberl J uckso ll u,J1ICk" StulIII'Y' Uni tcd States v. Slanley. -- - IO .SM 84 months' impri sonment : (Officer/Director) OS-CR-597 (S.D. Tex. 2008) Rule II(c)( I)(C)

3 United Slales Sentencing Guidelines Section 2B4. 1, with II base o liense leve l of8, was the applicable U.S.S.G. Section at Ihis tillle. Aller November 2002. Scction 2C 1.1 , with a basc offensc leve l of 12, became the applicable U.S.S.G. Scction in accordance with international trcatyobligations. ~ No indication on docket. 5 Not yct sentenced; howevcr, includcd in this chart sincc plea WAS pursuant to Rule II(c)(J )(C) with an agreed upon sentellceof84 months. Plea agreement provides for the possibi lity ofa senlellce reduction below 84 IlIOll lhs.

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A PPEND IX B SENTENCES or PERSO S W HO PLED G UILTY TO rCI'A VIOLATIONS 51 ' CE: 2000

DEFENDANT CASE NUMBE R 5K AMOUNT SENTENCE DOWNWARD or (excluding monctnry DEPARTURE BRIBE pCIl:11tics)

BASED ON SU BSTANTIAL ASSISTANCE

12 Richard J ohn Nov:lk United States v. Randock, CI al. YES - 30K-70K 3 years' probation (Emplo\,ec) 05-CR-ISO (E.D. Wash. 2005)

13 Fahccm MOllsa Salam United Stutes v. Salam. YES - 60K 36 months ' impri sonment I (Translator/Contractor) 06-CR- 157 (D.D.C. 2006)

14 RiclHlnJ G. Pitchford UniteJ States v. J'itchrord . YES - 400K I year and 1 day' s (Vice Pres ident: Country M,lIlager) 02-CR-365 (D.D.C. 2002) impri sonment

15 GllUlam Scnglllli ll United SHHt'S v. Sengll~ta. YES - 127K 2 months . imprisonment: (Task Manager) 02-CR-040 (D. D.C. 2002) 4 months' home

confinement 16 R,lIucllti ra Basu Uni lCd States v. Basu. NO - 127K 15 months ' imprisonment

(Trust Funds Manager) 02-CR-4 75 (D.D.C. 2002) 17 Richard K. Ha lford" United Slaies v. Halrord. YES - 1.5M 5 years' probat ion

I (CFO) 0 1-CR-22 1 ( W.O. Mo. 200 1) 18 Albert Ileitz ' United States v. Reitz . YES - 105M 6 months' homc

(V ice Pres ident and Secretary) 0 1-CR-222 (W.O. Mo. 200 1) COil Ii Ilcmellt: 5 years' probat ion

19 Dauielll:tv n.olhrock' United Statcs v. ROIh rock, - - 300K I ycar's probat ion (V ice President ) 0 1-CR-343 (W.O. Tex. 200 1)

20 Albert J ackso n '''hlck'' Sta nley' Un ited States v. Stanley. -- - 10.8M 84 months' imprisonmen t: (Officer/Director) OS-CR-597 (S.D. Tex. 200S) Ru le 11 «)( ll(C)

l United Slales Sentenci ng Guideli nes Section 2B4. 1, with a base offense leve l or8. was the Appl icable U.S.S.G. Sel:tion At this tillle. Aller November 2002. Section 2C 1.1 , with A b3se o ffense level of 12. beca me Ihe 3pplicable U.5 .S.0. Section in 3ccord311ce wilh internatiOl131 treaty obligll tions. A No ind ication on docket 5 Not yet sentenced: however, included in this ehart since plea was pursuant to Rule II(eXI XC) with an agreed upon sentence of84 months. Pica Ilgreement provides for the possibi lity of ll sentence reduction below 84 mo nths.

2

A PPEND IX B SENTENCES OF I'ERSO S WHO PLED GUILTY TO FCI'A VIOLATIONS S I ' CE 2000

DEFENDANT CASE NUMBE R 5K AMOUNT SENTENCE IJOWNWARD OF (excluding monctnry DEPARTURE BRIBE pCIl:11tics)

BASED ON SUBSTANTI AL ASSISTANCE

12 Richard John Nov:lk Unitt:d States v. Randock, cl al. YES - 30K-70K 3 years' probation (Emplo\,ec) 05-CR- ISO (E.D. Wash. 2005)

13 Fahccm MOllsa Salam United Stutes v. Salam. YES - 60K 36 months ' impri sonment I (Tnllls lator/Colltr3Clor) 06-CR- 157 (D.D.C. 2006)

14 RiclHlnJ G. Pitchford Uni teJ States v. Pitchrord. YES - 400K I year and 1 day 's (Vice Pres ident : Country M,lIlager) 02-CR-365 (D. D.C. 2002) impri sonment

15 GllUla m Scngupl:l ~ United Sta tes v. Sengll~ta . YES - 127 K 2 months . imprisonment: (Task Manager) 02-CR-040 (D.D.C. 2002) 4 months' home

confinement 16 R,lIuclltira Busu United States v. Basu. NO - 127K 15 months ' imprisonment

I (Trust Funds Manager) 02-CR-4 75 (D.D.C. 2002) 17 Richard K. Ha lford '> Uni ted Slaies v. Halrord. YES - 1.5M 5 years' probat ion

I (CI'O) 01-CR-22 1 ( W.O. Mo. 200 1) 18 Albert neitz' United States v. Reitz. YES - 1.5M 6 months' home

(Vice Pres ident and Secretary) 01-CR-222 (W.O. Mo. 2001) confinement: 5 years' probntion

19 D:llliellhv n.olhrockJ United Statcs v. ROIhrock , - - 300K I years probation (V ice President ) 0 1-CR-343 (W.O. Tex. 2001)

20 Albert J ackso n '''hlck" Stanley' Un ited States v. Stanlc:,:. -- - 10.8M 84 months' imprisonment : (Officer/Director) OS-CR-597 (S.D. Tex . 200S) Rule II (e)( I )(C)

1 United Slates Sentencing Guidelines Section 2B4.1, with a base o ffense leve l of8. was the Applicable U.S.S.G. Section At this tillle. Aller November 2002. Section 2C 1.1 , with a base o ffense level of 12. beca me the applicable U .S.S.G. Section in accordance with international treaty obligations. A No indication on docket . 5 Not yet sentenced: however. included in this chart since plea was pursuant 10 Rule II(eXI Xc) with an agreed upon sentence of84 months. Plea agreement provides for the possibility or a sentence reduction below 84 mo nths.

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andrÉ birotte jr. united states attorney 2 christine c ... · 2/16/2011 · charles paul edward...

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