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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO. 12-CR-60224-WPD

UNITED STATES OF AMERICA

v.

THOMAS GAFFNEY,Defendant.

))))))))

MOTION TO FOR REDUCTION OF SENTENCE

The United States of America, through the undersigned Assistant United States

Attorney, respectfully submits this Motion, requesting that the Court reduce Thomas

Gaffneys sentence by 25% and delay the Defendants surrender date to reflect the

Defendants ongoing cooperation.

By way of brief background, in approximately March 2009, a cooperating defendant

contacted Gaffney because of previous fraudulent stock deals between the two men. In a

series of phone calls and later a meeting, the cooperating defendant proposed that Gaffney

engage in an illegal deal in which Gaffney would pay a pension fund fiduciary to invest the

pension funds money with the Defendants company. This bribe would induce the

fiduciary to violate his important obligations to put the pension fund investors interests

ahead of his own. In addition, as a result of the bribe, the pension fund would purchase less

valuable restricted stock at the non-restricted, or free trading, values, thereby harming the

investors.

Case 0:12-cr-60224-WPD Document 26 Entered on FLSD Docket 03/14/2013 Page 1 of 3

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According to the PSI, Gaffney faces an advisory Guidelines range of 12 to 18 months

imprisonment (without cooperation) for this illegal conduct.

After being confronted by law enforcement, Gaffney agreed to cooperate. He made

approximately eight in-person meetings with subjects, and approximately 70 recorded

phone calls. As a result of his cooperation, the FBI was able to develop two potential cases.

The government is prepared to provide more information regarding the Defendants

cooperation and the status of those cases at sentencing.

Given Gaffneys low Guidelines range, waiting until the two cases are fully

developed will likely result in Gaffney not receiving the full benefit of his cooperation. For

these reasons, a reduction of 25% under Guideline 5K is appropriate at this time, and the

government requests that the Court permit Gaffney to remain on bond (under house arrest)

for four months to allow the government to continue its investigation. Ultimately, if the

Defendants cooperation leads to a further reduction and the Court decides not to sentence

the Defendant to a term of imprisonment, delaying the surrender date will allow the

Defendant to fully enjoy the benefits of his cooperation.

Respectfully submitted,WIFREDO A. FERRERUNITED STATES ATTORNEY

By: /s/ H. Ron DavidsonH. Ron Davidson

Assistant United States AttorneyCourt ID No. A550114499 Northeast 4th StreetMiami, Florida 33132-2111Tel: (305) 961-9405Fax: (305) 530-7976


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 14, 2013, I electronically filed the foregoing with

the Clerk of the Court using CM/ECF.

s/ H. Ron DavidsonAssistant United States Attorney


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