glorvina constant plea agreement

U.S.

UnitedDistrict

000 Lafayette Boulevard, ldh FloorB r i dgep o r l, C onne c ticat 0 6 6 0 4

(203)696-3000\)ww jusl ic e, gov/usao/c I

October 7,2014

Neal Rogan, Esq.The Law Offices of Neal Rogan, LLC315 Post Road V/estWestport, CT 06889

Re: United States v. Glorvina ConstantCriminal No. 3:14CR E3 (AV/T)

Dear Attorney Rogan:

This letter confirms the plea agreement between your client, Glorvina Constant (the"defendant"), nd the United States Attorney's Office for the District of Connecticut (the"Govemment" or "this Offrce") concetning the referenced criminal matter.

THE PLEA AND OFFENSE

Glorvina Constant ("Constant") agrees to waive her right to be indicted and to pleadguilty to a one-count information charging her with a violation of 18 United States Code $ 371(conspiracy to bank fraud).

The defendant understands that, to be guilty of this offense, the following essentialelements of the offense must be satisfied:

Count One: 18 United States Code Q 371 (Conspiracy to Commit Bank Fraud)That on or about the dates charged in the Information, a conspiracy existed tocommit bank fraud; and,

2

J

1

That the defendant knowingly and intentionally became a member of thatconspiracy.

That a member of the conspiracy performed an overt act in furtherance of theconspiracy.

Case 3:14-cr-00197-AWT Document 5 Filed 10/07/14 Page 1 of 12

Neal Rogan, EsqPage 2

THE PENALTIES

This offense carries a maximum penalty of five years imprisonment, and a $250,000 fine.In addition, under 18 U.S.C. $ 3583, the Court may impose a term of supervised release of notmore than three years to begin at the expiration of any term of imprisonment. The defendantunderstands that, should she violate any condition of the supervised release, she may be requiredto serve a further term of imprisonment of up to two years per violation with no credit for timealready spent on supervised release.

The defendant also is subject to the alternative fine provision of 18 U.S.C. $ 3571. Underthis section, the maximum fine that may be imposed on the defendant is the greatest of thefollowing amounts: (1) twice the gross gain to the defendant resulting from the offense; (2) twicethe gross loss resulting from the offense; or (3) $250,000.

In addition, the defendant is obligated by 18 U.S.C. $ 3013 to pay a special assessment of$100 on each count ofconviction for atotal special assessment of$100. The defendant agrees topay the special assessment to the Clerk of the Court on the day the guilty plea is accepted.Interest will be charged on the unpaid balance of the fine or restitution not paid within 15 daysafter the judgment date. 18 U.S.C. $ 3612(. Other penalties and fines may be assessed on theunpaid balance of a fine or restitution pursuant to 18 U.S.C . 3572 (h), ( and $ 3612(g).

Restitution

In addition to the other penalties provided by law, the Court must also order that thedefendant make restitution under 18 U.S.C. $ 36634, and the Govemment reserves its right toseek restitution on behalf of victims consistent with the provisions of $ 3663A. The scope andeffect of the order of restitution are set forth in the attached Rider Concerning Restitution.Restitution is payable immediately unless otherwise ordered by the Court.

The defendant understands and agrees that by virtue of her plea of guilty she waives anyrights or cause of action to claim that she is a "substantially prevailing party" for the purpose ofrecovery ofattorney fees and other litigation costs in any related forfeiture proceeding pursuantto 28 U.S.C. $ 246s(bxl).THE SENTENCING GUIDELINES

Applicabilitv

The defendant understands that the Court is required to consider any applicable UnitedStates Sentencing Guidelines ("Guidelines") as well as other factors enumerated in 18 U.S.C. $3553(a) to tailor an appropriate sentence in this case and is not bound by this plea agreement.The defendant agrees that the Sentencing Guideline determinations will be made by the Court,by a preponderance of the evidence, based upon input from the defendant, the Government, andthe United States Probation Offrce. The defendant further understands that she has no right towithdraw her guilty plea if her sentence or the Guideline application is other than she anticipated,including if the sentence is outside any of the ranges set forth in this agreement.



Acceptance of Responsibility

At this time, the Government agrees to recommend that the Court reduce by two levelsthe defendant's adjusted offense level under $ 3E1.1(a) of the Sentencing Guidelines, based onthe defendant's prompt recognition and affirmative acceptance of personal responsibility for theoffense. Moreover, should the defendant qualify for a decrease under $ 3E1.1(a) and her offenselevel determined prior to the operation of subsection (a) is level 16 or greater, the Governmentwill file a motion with the Court pursuant to $ 3E1.1(b) which recormends that the Court reducethe defendant's Adjusted Offense Level by one additional level based on her prompt notificationof her intention to enter a plea of guilty. The defendant expressly understands that the Court isnot obligated to accept the Govemment's recommendations on the reductions. TheGovernment's agreement to file the motion pursuant to $ 3E1.1(b) is conditioned upon thedefendant entering a guilty plea to the proposed Information by no later than October 712014.

The above-listed recommendations are conditioned upon the defendant's affirmativedemonstration of acceptance of responsibility, bV (1) truthfully admitting the conduct comprisingthe offense(s) of conviction and truthfully admitting or not falsely denying any additionalrelevant conduct for which the defendant is accountable under Sentencing Guideline $ 181.3,and (2) truthfully disclosing to the Probation Office personal information requested, includingthe submission of a complete and truthful financial statement detailing the defendant's financialcondition.

In addition, the Government expressly reserves the right to seek denial of the adjustmentfor acceptance of responsibility if the defendant engages in any acts, unknown to theGovernment at the time of the signing of this agreement, which (1) indicate that the defendanthas not terminated or withdrawn from criminal conduct or associations (Sentencing Guideline $3E1.1); (2) could provide a basis for an adjustment for obstructing or impeding theadministration ofjustice (Sentencing Guideline $ 3C1.1); or (3) constitute a violation of anycondition of release. Moreover, the Government reseryes the right to seek denial of theadjustment for acceptance of responsibility if the defendant seeks to withdraw her plea of guiltyor takes a position at sentencing, or otherwise, which, in the Government's assessment, isinconsistent with affirmative acceptance of personal responsibility. The defendant understandsthat she may not withdraw her plea of guilty if, for the reasons explained above, the Governmentdoes not make one or both of the recommendations or seeks denial of the adjustment foracceptance of responsibility.

Stipulation

Pursuant to $ 681.4 of the Sentencing Guidelines, the defendant and the Governmenthave entered into a stipulation, which is attached to and made aprt of this plea agreement. Thedefendant understands that this stipulation does not set forth all of the relevant conduct andcharacteristics that may be considered by the Court for purposes of sentencing. The defendantunderstands that this stipulation is not binding on the Court. The defendant also understands thatthe Government and the United States Probation Office are obligated to advise the Court of anyadditional relevant facts that subsequently come to their attention.


Neal Rogan, Esq.Page 4

Guideline Stipulation

The parties do not agree on the correct application of the United States SentencingGuidelines at this time.

The Guidelines Manual in effect on the date of sentencing is used to determine theapplicable Guidelines range. Based on an initial assessment, the parties agree that the defendantfalls within Criminal History Category I.

The parties agree that United States Sentencing Guideline $ 281.1 applies to the offensecharged in the Information and further agree that the base offense level is 6.

The parties do not agree on a loss amount for purposes of calculating specific offensecharacteristicspursuanttoU.S.S.G. $ 281.1(b). However,thepartiesdo agreethatthecalculation of a loss amount will be based upon the difference between two mortgage loans fromThe Milford Bank to Glorvina Constant in20I3 (for $390,000 and $ 13 1,000) and the value ofthe property located in New Haven, Connecticut securing the mortgages. The parties furtheragree that the value of the property securing the mortgages is appropriately determined forpurposes of this agreement by either the sale price for a sale to an arms' length purchaser, or inthe event the property has not been sold by the sentencing hearing date, the gross assessed valueof the property as determined by the city tax assessor. The parties rccognze that their agreementon the method of calculating the loss in this case is not binding upon the Court.

V/ith respect to any sentence of incarceration that the Court may impose on defendantConstant, the Government agrees that it will not oppose her request to serve her sentence duringa different time period than the prison sentence to be served by a defendant in a related case.

The Government and the defendant reserve their rights to seek or object to a departure ora non-Guidelines sentence.

The defendant expressly understands that the Court is not bound by any agreement of theparties regarding any aspect of the application of the United States Sentencing Guidelines in hercase. The defendant fuither understands that she will not be permitted to withdraw the plea ofguilty if the Court imposes a sentence that is not in accordance with the parties' agreements orstatements in this plea agreement.

In the event the Probation Offrce or the Court contemplates any sentencing calculationsdifferent from those set forth in this document, the parties reserve the right to respond to anyinquiries and make appropriate legal arguments regarding the proposed alternate calculations.Moreover, the parties expressly reserve the right to defend any sentencing determination, even ifit differs from that stipulated by the parties, in any post-sentencing proceeding.



'Waiver of Rieht to Appeal or Collaterally Attack Conviction and Sentence

The defendant acknowledges that under certain circumstances she is entitled to challengeher conviction and sentence. The defendant agrees not to appeal or collaterally attack herconviction in any proceeding, including but not limited to a motion under 28 U.S.C. S 2255and/or 5 224I. Nor will she pursue such an appeal or collateral attack to challenge the sentenceimposed by the Court if that sentence does not exceed 24 months, a three-year term of supervisedrelease, a $100 special assessment for each count of conviction, a $50,000 fine and restitution,even if the Court imposes such a sentence based on an analysis diffbrent from that specifiedabove. The Government agrees it will not appeal any sentence imposed by the Court if thesentence is as stated in the preceding sentence. The Government and the defendant agree thatthis waiver applies regardless of whether the term of imprisonment is imposed to runconsecutively to or concuffently with, in whole or in part, the undischarged portion of any othersentence that has been imposed on the defendant at the time of sentencing in this case. Thedefendant acknowledges that she is knowingly and intelligently waiving these rights.Furthermore, the parties agree that any challenge to the defendant's sentence that is notforeclosed by this provision will be limited to that portion of the sentencing calculation that isinconsistent with (or not addressed by) this waiver.

Information to the Court

The Government reseryes its right to address the Court with respect to an appropriatesentence to be imposed in this case. Moreover, the Government will discuss the facts of thiscase, including information regarding the defendant's background and character, 18 U.S.C. $366I, with the United States Probation Office and will provide the Probation Offrcer with accessto material in its file, with the exception of grand jury material.

\ryAIVER OF RIGHTS'Waiver of Rieht to Indictment

The defendant understands that she has the right to have the facts ofthis case presented toa federal grand jury, consisting of between sixteen and twenty-three citizens, twelve of whomwould have to find probable cause to believe that she committed the offense set forth in theinformation before an indictment could be returned. The defendant acknowledges that she isknowingly and intelligently waiving her right to be indicted.

Waiver of Trial Rights and Consequences of Guiltv Plea

The defendant understands that she has the right to be represented by an attorney at everystage of the proceeding and, if necessary, one will be appointed to represent her.

The defendant understands that she has the right to plead not guilty or to persist in thatplea if it has already been made, the right to a public trial, the right to be tried by a jury with theassistance of counsel, the right to confront and cross-examine the witnesses against her, the rightnot to be compelled to incriminate herself, the right to testiff and present evidence, and the right



to compel the attendance of witnesses to testify in her defense. The defendant understands thatby pleading guilty she waives and gives up those rights and that, if the plea of guilty is acceptedby the Court, there will not be a further trial of any kind.

The defendant understands that, if she pleads guilty, the Court may ask him questionsabout each offense to which she pleads guilty, and if she answers those questions falsely underoath, on the record, and in the presence of counsel, her answers may later be used against her in aprosecution for perjury or making false statements.

Waiver of Statute of Limitations

The defendant agrees that, should the conviction following defendant's plea of guiltypursuant to this plea agreement be vacated for any reason, then any prosecution that is not time-bared by the applicable statute of limitations on the date of the signing of this plea agreement(including any indictment or counts the Government has agreed to dismiss at sentencing pursuantto this plea agreement) may be commenced or reinstated against defendant, notwithstanding theexpiration of the statute of limitations between the signing of this plea agreement and thecormencement or reinstatement of such prosecution. The defendant agrees to waive alldefenses based on the statute of limitations with respect to any prosecution that is not time-barred on the date the plea agreement is signed.

ACKNO\ryLEDGMENT OF GUILT AND VOLUNTARINESS OF PLEA

The defendant acknowledges that she is entering into this agreement and is pleadingguilty freely and voluntarily because she is guilty. The defendant further acknowledges that sheis entering into this agreement without reliance upon any discussions between the Governmentand her (other than those described in the plea agreement letter), without promise of benefit ofany kind (other than the concessions contained in the plea agreement letter), and without threats,force, intimidation, or coercion of any kind. The defendant further acknowledges herunderstanding of the nature of the offense to which she is pleading guilty, including the penaltiesprovided by law. The defendant also acknowledges her complete satisfaction with therepresentation and advice received from her undersigned attorney. The defendant and herundersigned counsel are unaware of any conflict of interest concerning counsel's representationofthe defendant in the case.

SCOPE OF'THE AGREEMENT

The defendant acknowledges that this agreement is limited to the undersigned parties andcannot bind any other federal authority, or any state or local authority. The defendantacknowledges that no representations have been made to her with respect to any civil oradministrative consequences that may result from this plea of guilty because such matters aresolely within the province and discretion of the specific administrative or governmental entityinvolved. Finally, the defendant acknowledges that this agreement has been reached withoutregard to any civil tax matters that may be pending or which may arise involving her.



COLLATERAL CONSEOUENCES

The defendant understands that she will be adjudicated guilty of each offense to whichshe has pleaded guilty and will be deprived of certain rights, such as the right to hold publicoffrce, to serve on a jury, to possess frrearms, and in some states, the right to vote. Further, thedefendant understands that if she is not a citizen of the United States, a plea of guilty may resultin removal from the United States, denial of citizenship, and denial of admission to the UnitedStates in the future. The defendant understands that pursuant to section 203(b) of the Justice ForAll Act, the Bureau of Prisons or the Probation Office will collect a DNA sample from thedefendant for analysis and indexing. Finally, the defendant understands that the Governmentreserves the right to notiff any state or federal agency by which she is licensed, or with whichshe does business, as well as any current or future employer of the fact of her conviction.

SATISFACTION OF FEDERAL CRIMINAL LIABILITY BRE,ACH

The defendant's guilty plea, if accepted by the Court, will satisff the federal criminalliability of the defendant in the District of Connecticut as a result of her participation in criminalconduct as described in the Stipulation of Offense Conduct, attached to this letter pleaagreement.

The defendant understands that if, before sentencing, she violates any term or conditionof this agreement, engages in any criminal activity, or fails to appear for sentencing, theGovernment may void all or part of this agreement. If the agreement is voided in whole or inpart, defendant will not be permitted to withdraw her plea of guilty.


Neal Rogan, Esq.Page 8

NO OTHER PROMISES

The defendant acknowledges that no other promises, agreements, or conditions have beenentered into other than those set forth in this plea agreement, and none will be entered into unlessset forth in writing, signed by all the parties.

This letter shall be presented to the Court, in open court, and filed in this case.

Very truly yours,DEIRDRE M. DALYUNITED STATES ATTORNEY

M. NEVINSASSISTANT LINITED STATES ATTORNEY

The defendant certifies that she has read this plea agreement letter and its attachment(s)or has it read or translated to him, that she has had ample time to discuss this agreement and

s) with and that she fully understands and accepts its terms.

br 7, ?ot!GLORVINA CThe Defendant

Date

its

I reviewed and explained this plea agreement and its attachment(s)that she understands and accepts its terms.

Date/c ,(

to my client

Attorney for the Defendant



STIPULATION OF OX'F'ENSE CONDUCT

The defendant Glorvina Constant ("Constant") and the Govemment stipulate to thefollowing offense conduct that gives rise to the defendant's agreement to plead guilty to theindi ctment/informati on

l. Constant was not an employee of Infinistafl LLC or any other employer at any timebetween September 10,2010 and September 19,2013.

2. During the month of November 2012, Constant held financial accounts with at least twodifferent financial institutions in her own name (respectively, "Bank 1" and "Bank 3", theidentities of which are known to Constant) and another individual, whose identity isknown to Constant, held an account at another financial institution in his or her name("Bank 2",the identity of which is known to Constant).

3. On or aboutNovember 29,2012, at least $170,000 that originated from Infinistaff, LLCwas on deposit in Constant's account at Bank l.

4. In approximately November 2012 or earlier, Constant agreed with at least one otherindividual (whose identity is known to Constant) that she would file a loan applicationcontaining materially false financial information with a mortgage lender for the purposeof obtaining residential mortgage loan proceeds so that Constant could purchase aresidence in the City of New Haven, Connecticut.

5. In furtherance of the conspiracy and to obtain mortgage loan proceeds totalingapproximately $390,000 from The Milford Bank, Constant and her co-conspirator(s)committed the following overt acts, among others, in the District of Connecticut andelsewhere:

a. On or about November 29,2012, approximately $170,000 was transferred fromConstant's account at Bank 1 to an account held by another individual at Bank2.

b. On or aboutNovember 29,2012,the same funds consisting of approximately$170,000 were transferred from another individual's account held at Bank 2 to anaccount held in the name of Constant at Bank 3.

c. On or about March 22,2013, Constant prepared a Uniform Mortgage LoanApplication ("Loan Application") seeking approval of a $390,000 mortgage loanto purchase real property known as 532 Whitney Avenue, New Haven,Connecticut.

d. On or about March 22,2013, Constant knowingly and fraudulently submitted theLoan Application containing materially false financial and employmentinformation to The Milford Bank.


Neal Rogan, EsqPage I0

6. The Loan Application included the following materially false representations:a. Constant was employed by Infinistaff, LLC as an "Accounting Mgr." when in fact

she was not.

b. Constant had been so employed for 5 years by Infinistaff, LLC and for 9 years rn"this line of work" when in fact she had not.

c. Constant earned $16,856 per month from employment when in fact she did not.

d. Constant owned a bank account with $188,837 on deposit when in fact Constantknew the majority of the funds on deposit had been transferred among severalbank accounts in approximately November 2012 to disguise the origin andownership of the funds.

7 . On or about September 19,2013, in furtherance of the conspiracy and to conceal thefraudulent nature of the $390,000 first mortgage loan from The Milford Bank, Constantsubmitted a Home Equity Credit Line and Home Equity Loan Application ("HomeEquity Loan Application") to The Milford Bank in order to obtain a second mortgageloan in the amount of $131,000.

8. The Home Equity Loan Application included the following materially falserepresentations:

a. Constant was employed by Infinistaff, LLC when in fact she was not.

b. Constant eamed $159,996 in annual income from Infinistaff, LLC when in factshe did not.

9. At the time Constant submitted the Loan Application and the Home Equity LoanApplication to The Milford Bank, she knew and intended that The Milford Bank wouldrely in part on the materially false financial information she provided about herself toapprove the two mortgage loans (totaling $390,000 and $131,000, respectively),including the materially false information about the ownership of funds she held in bankaccounts, the materially false information about her employment and employmenthistory, and the materially false information about her income.

10. Constant submitted the Loan Application and the Home Equity Loan Application to TheMilford Bank knowingly and for the pu{pose of defrauding the bank.

1 1. Constant understands that the Court will calculate the loss resulting from her crime aspart of the sentencing process in this criminal case. Constant understands that thecalculation of a loss amount will be based upon the difference between two mortgageloans from The Milford Bank to Glorvina Constant in20l3 (for $390,000 and $131,000)and the value of the property located in New Haven, Connecticut securing the mortgages.


Neal Rogan, Esq.Page II

Constant further understands and agrees that the value of the property securing themortgages is appropriately determined for purposes of this plea agreement by either thesale price for a sale to an arms' length purchaser, or in the event the property has not beensold by the sentencing hearing date, the gross assessed value ofthe property asdetermined by the city tax assessor. The records of the City of New Haven Tax Assessoravailable through an internet website, www.visionappraisal.com, reflect a "CurrentAssessed Value" for the property of $575,330 as of this date. Constant recognizesthather agreement with the Government on the method of calculating the loss in this case isnot binding upon the Court.

The written stipulation above is incorporated into the preceding plea agreement. Thedefendant and the Government reserve their right to present additional relevant offense conduct

GLORVINA CONSTANTThe Defendant

M.ASSISTANT UNITED STATES ATTORNEY

NEAL ,ESAttorney for the Defendant


Neal Rogan, EsqPage l2

RIDER CONCERNING RESTITUTION

The Court shall order that the defendant make restitution under 18 U.S.C. $ 36634. Theorder of restitution may include:

I . If the offense resulted in damage to or loss or destruction of property of a victim of theoffense, the order of restitution shall require the defendant to:

A. Retum the property to the owner of the property or someone designated by the owner; orB. If retum of the property is impossible, impracticable, or inadequate, pay an amount equal

to:

The greater of -(I) the value of the property on the date of the damage, loss, or destruction; or(II) the value of the property on the date of sentencing, less the value as of the date the

property is returned.

2. Inthe case of an offense resulting in bodily injury to a victim -

A. Pay an amount equal to the costs of necessary medical and related professional servicesand devices related to physical, psychiatric, and psychological care; including non-medical care and treatment rendered in accordance with a method of healing recognizedby the law of the place of treatment;

B. Pay an amount equal to the cost of necessary physical and occupational therapy andrehabilitation; and

C. Reimburse the victim for income lost by such victim as a result of such offense;

3. In the case of an offense resulting in bodily injrrry that results in the death of the victim, payan amount equal to the cost of necessary funeral and related services; and

4. In any case, reimburse the victim for lost income and necessary child care, transportation, andother expenses incurred during participation in the investigation or prosecution of the offenseor attendance at proceedings related to the offense.

The order of restitution has the effect of a civil judgment against the defendant. Inaddition to the court-ordered restitution, the court may order that the conditions of its order ofrestitution be made a condition of probation or supervised release. Failure to make restitution asordered may result in a revocation of probation, or a modification of the conditions of supervisedrelease, or in the defendant being held in contempt under 18 U.S.C. $ 3583(e). Failure to payrestitution may also result in the defendant's re-sentencing to any sentence which mightoriginally have been imposed by the Court. See 18 U.S.C. $$ 361a; 36134. The Court may alsoorder that the defendant give notice to any victim(s) of her offense under 18 U.S.C. $ 3555.


glorvina constant plea agreement

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