Responsive Docs - CREW Versus Department of Justice (DOJ) : Regarding Investigation Records of Magliocchetti: 11/12/13 - Part 2

Case 1:10-cr-OO286-TSE Document 3 Filed 08/04/10 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA,
V.
PAUL J. MAGLIOCCHETTI, Defendant.
) ) ) ) ) ) ) )
ORDER TO SEAL
CRIMINAL NO. 1:10CR286
The UNITED STATES, pursuant to Local Rule 49(B) of the Local Criminal Rules for the United States District Court for the Eastern District of Virginia, having moved to seal the Indictment, Criminal Case Cover Sheet, Arrest Warrant, and this Motion to Seal and proposed Order; and The COURT, having found that revealing the material sought to be sealed would jeopardize an ongoing criminal investigation; having considered the available alternatives that are less drastic than sealing, and finding none would suffice to protect the governments legitimate interest in concluding the investigation; and finding that this legitimate government interest outweighs at this time any interest in the disclosure of the material; it is hereby ORDERED, ADJUDGED, and DECREED that, the Indictment, Criminal Case Cover Sheet, Arrest Wanant, and this Motion to Seal and proposed Order be Sealed until the defendant is arrestedf /~~~ /~~~-~2 ~t~.~_,.~ ~ ~
ff~ 1~ ~/" ~/~, ~ ~ /) .,]~,~_ ~ \ __ Date: ~3 1- /~ Alexandria, Virginia
Thomas Rawles Jones, Jr.

United States Magistrate Judge
EAOUSAFOIA0000431
Case 1 10-cr-OO286-TSE Document 5

^0, -, ~,.-~,. 01/09) Anes! Warran!
Filed 08/05/10 Page 1 of 1
UNITED STATES DISTRICT COURT

for the Eastern District of Virginia United States of America
V.
PAUL J. MAGLIOCCHETTI
Defendant
) ) ) ) )
Case No. 1:10CR286
ARREST WARRANT
To:
Any authorized law enforcement officer YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name of person to be arrested) PAUL J. MAGLIOCGHETTI
who is accused of anoffense or violation based on the following document filed with the court: ~t Indictment I:l Superseding Indictment ID Information 171 Superseding Information [D Violation Notice
CI Probation Violation Petition
173 Supervised Release Violation Petition
~3 Complaint 173 Order of the Court
This offense is briefly described as follows: False Statements in violation of 18 U.S.C. Sections 1001, 2 Illegal Conduit Campaign Contributions in violation of 2 U.S.C. Section 441f Illegal Corporate Campaign Contributions in violation of 2 U.S.C. Section 441b
Date: August 4, 2010

Issuing officers si "ntiture
City and state: Alex_a_pd_r!a_,~._v.!_rg!n.ia~.

Printed name and title
Return
at (city and state) ~f,~_.__~,~tl.| ~%)~..l"~_ ~ I ~) ~"
This warrant was received on (date) .~-.~ _q _.
and the person was arrested on (date) .~,t.
Date:
--"" ,4rr~cer "s signature
Printed flame and title
EAOUSAFOIA0000432
Case 1 10-cr-002~D ~!~|~IR!!~$(I]/I~I 0 Page 1 of 1 EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DMSION UNITED STATy,~ d I~~ ~1 ~ ~i ~.~%, !~"-it. 2~~1~ JUDGE" THOMAS RAWLES JQNES, JR. ~ --~" " ~ ":)~"~ ~ ~ ""~~~ ~ _ DEFENDANT(S) ~ ~, CASE 1~O.: \ ("~V" 2--~ ~ HEARING: ~.[7"~ DATE:
CLERK: CHRISTINA MARQUEZ
COUNSELFOR UNITEDSTA.T_~.ES:-~ "~,~ (~ ~V~V~--J ./~(~k-~/~ ~ A-__t~] /~N/\ ~ COUNSEL FOR DEFENDANT: ~.|i-"~ L..~l)~).r--[ ~d)t II~Ocv"~ I--(~x2~c"],_.~V)/~ INTERPRETER: LANGUAGE: f"~~d ~,~._/ i~3~l- ~3 .,~Di~FT. APPEARED ( ) THROUG_H COUNSEL ( ) FAILED TO APPEAR ( ) WARRANT TO BE ISSUE~~RULE 5 ADVISEMENT ~(~ ( ) DEFT. ADMITS ( ) DENIES VIOLATION ( ) COURT TO APPOINT COUNSEL ( ) COURT FINDS DEFT. IN VIOLATION ( ) DEFT. TO RETAIN COUNSEL ( ) CONTACT PREVIOUS COUNSEL & REAPPOINT ( ) PRELIMINARY EXAMINATION WAIVED ( ) COURT FINDS PROBABLE CAUSE ()U.S. REQUESTS DETENTION ( )GRANTED( ) DENIED ~) D~FVT NOT DETENTION T. ( ) SEEKING REMANDED( ) DETAINED ( ) DEFT. CONTINUED ON BOND/PROBATION
CONDITIONS OF RELEASE: ($~lll !)~)NSECURED ($ ) SECURED.(2~PTS ( ) 3m PARTY_K~.~ffrRAVEL RESTRICTED .~-)~k. PPROVED RESIDENCE ( ) SATT ( ) PAY CO~TS ( ) ELECTRONIC MxON[TORING . ..~VlENTAL HEALTH TESTfFREAT ( ) ROL ( ) NOT DRIVE ( ) F|REA~ASSPORT "[.~VOID CONTACT( ) ALCOHOL & DRUG USE ( ) EMPLOYMENT MINUTES: ( ( )GOVT ADDUCED EVIDENCE & RESTS ( ) EXHIBITS: ) DEFT ADDUCED EVIDENCE & RESTS ( ) EXHIBITS:
( )GOVT. ( ) DEFT. ( ) JOINT MOTION TO CONTINUE ( NEXT APPEARANCE:
) GRANTED (
) DENIED
AT AM OR )R5 PM ( )DIt( )P[I( )STATUS( )TRIAL( )JURY( )PLEA( )SENT( )PBV( )SRV( )VCR( ( ) ARRAIGN ( ) INDENT( )OTFIER JUDGE
( ) MAITER CONTINUED FOR FURTHER PROCEEDINGS BEFORE TI IE GRAND JURY (

) REI.EASE ORDER GIVEN TO USMS
EAOUSAFOIA0000433
Case 110-cr-00286-TSE Document 7 Filed 08/05/10 Page 1 of 1

AO458(Rcv. 06/09) AppcaranccofCounscl
UNITED STATES DISTRICT CO!

for the Eastern District of Virginia
United States
Plaintiff
AUG - 5 2010
{;LERK, U.S. DIS]RI0] C0URI ALEXANDRIA, VIRG!I.~IA
)
)
Paul Magliocchetti
D~ndant
)
)
APPEARANCE OF COUNSEL To: The clerk of court and all parties of record I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: Paul Magliocchetti
Date:
Auaust 5, 2010
Attorneys signature
Tirzah S. Lollar VA 68145 Printed name and bar number
Vinson & Elkins, LLP 1455 Pennsylvania Ave., NW STE 600 Washington, DC 20004
Address
tlollar@velaw.com
E-mail address
(202) 639-6670 Telephone number
(202) 639-6604
FAX mtmber
EAOUSAFOIA0000434
Case 110-cr-OO286-TSE Document 8 Filed 08/05/10 P.age 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
FILED
APPLICATION TO QUALIFY AS A FOREIGN ATTORNEY UNDER LOCAL CIVIl .. _ ,,, CRIMINAL RULE 57.4 ~4r~:~;!~. vig~r,~tA In Case Number l0/f~ , Case Name ... United States v. Paul Mag~etti Party Represented by ~,pplieant: Paul Mafflioechetti To: The Honorable Judges of the United States District Court for the Eastern District of Virginia PERSONAL STATEMENT FULL NAME (no initials, please) William Edward Lawler III Bar Identification Number 398951 State D C Firm Name Vinson & Elkins L.L.P. Firm Phone# 202/639-6500 Direct Dial# 202/639-6676 FAX # 2021639-6604 E-Mail Address wlawler@velaw.eom Office Mailing Address 1455 Pennsylvania Ave., N.W., #600, Washington, DC 20004 Name(s) of federal court(s) in which I have been admitted D.D.C. ; D. Md. ; S.D. Tx.
I certify that the rules of the federal court in the district in which I maintain my office extend a similarpro hac vice admission privilege to members of the bar of the Eastern District of Virginia. I have not been reprimanded in any court nor has there been any action in any court pertaining to my conduct or fitness as a member of the bar.
I hereby certify that, within ninety (90) days before the submission of this application, I have read the Local Rules of this Court and that my knowledge of the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and the Federal Rules o Evidence is current.
1 am
__ am not X a full-time employee of the United States of America, and i~s~, reqlzest~x~nptiq0frorla the,~mi~. "on fee. (Applicants Signature)
I, the undersigned, do certify that I am a member of the bar of this Court, not related to the applicant; that I know the applicant personally, that the said applicant possesses all of the qualifications required for admission to the bar of this Court; that I have examined the applicants personal statement. I affirm that his/her personal and professional character and standing are good, and petition the court to admit the applicant pro hac vice. (Signature) Tirzah S. Lollar .__(.Ty.Eed or Printed Name)
Court Use Only:
(Da{e) 68145 .(VA Bar Number]
,~/ I~ or Exemption Granted Clerks Fee Paid .1 The motion for admission is GRANTED ~or DENIED
/s/
Thomas Rawles Jones, Jr. United States Magistrate Judge
(Date)
EAOUSAFOIA0000435
Case 110-cr-OO286-TSE Document 9 Filed 08/05/10 Pa IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
APPLICATION TO QUALIFY AS A FOREIGN ATTORNEY UNDER LOCAL CIVIL LE ~~ ~,~l~t& Vlt~Glrtl,~ CRIMINAL RULE 57.4 In Case Number ID~.,l~ ~o , Case Name United States v.Paul Magliocehetti Party Represented by Applicant: Paul Maglioechetti
To: The Honorable Judges of the United States District Court for the Eastern District of Virginia PERSONAL STATEMENT
FULL NAME (no initials, please) Amy Lamoureux Riella State DC Bar Identification Number 76488 Firm Name Vinson ~ Elkins L.L.P. Direct Dial# 202/639-6760 FAX# 2021639-6604 FirmPhone # 202/639-6500 E-Mail Address ariella@velaw.eom Washington, DC 20004 Officc MailingAddress 1455 Pennsylvania Ave., N.W., #600,
Name(s) of federal court(s) in which I have been admitted Fourth Circuit; W.D.N.C. ; D.D.C. ; N.D. Ga. ; C.D. III I certify that the rules of the federal court in the district in which I maintain my office extend a similarpro hac vice admissio privilege to members of the bar of the Eastern District of Virginia. I have not been reprimanded in any court nor has there been any action in any court pertaining to my conduct or fitness as a member of the bar.
I hereby certify that, within ninety (90) days before the submission of this application, I have read the Local Rules of this Court and that my knowledge of the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and the Federal Rules Evidence is current.
I am
am not X a full-time employee of lhc United States of America, and if so,.,.,.,.,.,.,.,.,.ff~uest,~cmpt~ ,fr, gfll the admission fe (A~5"~licants Signature)
I, the undersigned, do certify that I am a member of the bar of this Court, not related to the applicant; that I know the applicant personally, that the said applicant possesses all of the qualifications required for admission to the bar of this Court; that I have examined the applicants personal statement. I affirm that his/her personal and professional character and standing are good, an petition the court to admit the applicant pro hac vice.
(Si~ Tirzah S. Lollar (Typed or Printed Name)
(Dtite) 68145 (VA Bar Number)
Court Use Only: Clerks Fee Paid ~-~or Exemption Granted The motion for admission is GRANTED-or DENIED
/s/
Thomas Rawles Jones, Jr. United States Magistrate Judge
(Date)
EAOUSAFOIA0000436
Case 110-cr-OO286-TSE Document 10 Filed 08/05/10 Page 1 of 3

~AO 199A (Rev. 6/97) Order Setting Conditions of Release page ! o~Pages
FILED
UNITED STATES DISTRICT COUI
Eastern District of Virginia
AUG - 5 2010
CLERK, LI.S. DISIRIC!
United States of America
ORDER SETTING CONDITIONS OF RELEASE
IT IS ORDERED that the release of the defendant is subject to the following conditions: (1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this ease. (2) The defendant shall immediately advise the court, defense counsel and the U.S. attorney in writing before any change in address and telephone number. (3) The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. The defendant shall appear at (if blank, to be notified) United States District Court
401 Courthouse Sq.~ Alexandria, VA on {~ ~! ~-~~Pla~e Date and Time
Release on Personal Recognizance or Unsecured Bond IT IS FURTHER ORDERED that the defendant be released provided that: ( / ) (4) The defendant promises to appear at ali proceedings as required and to surrender for service of any sentence imposed.
an (~(~ (5) The defendant executes unsecured bond binding the defendant to pay the United States the sum
of
in the event of ~ failure to appear as required or to surrender as directed for service of any sentence[impos~.
DISTRIBUTION:
COURT
DEFENDANT
PRETRIAL
SERVICES
U,S. ATTORNEY
U.S. MARSHAL
EAOUSAFOIA0000437
Case 1 10-cr-OO286-TSE Document 10 Filed 08/05/10 Page 2 of 3

~Rcv. 1/98) Order S~ldng Conditions of Release
Additional Conditions of Release Upon finding that release by one of the above methods will not by itself reasonably assure the appearance of the defendant and the safety of other persons and the community, it is FURTHER ORDERED that the release of the defendant is subject to the conditions marked below: ( ) (6) The defendant is placed in the custody of: (Name of person or organization) (Address) (City and State) (Tel.No.) who agrees (a) to supervise the defendant in accordance with all conditions of release, (b) to use every effort to assure the appearance of the defendant at all scheduled court proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears. Signed: Custodian of Proxy ( X )(7) The defendant shall: ( ) (a) maintain or actively seek employment. ..()~b) maintain or commence an educational program. the ,~ (c) abide by following restriction on his personal associations, place of abode, or travel: Do not denart the Washin~o~ D.C_,.~etroDolitan area without prior approval of Pretrial Services
.~) avoid all contact with the.following named persons, who are~consider~ either alleged victims or potential wi.tn.esses: ~_13 t~t"~t~"~X.~-, L~~I"~I~ ~ (e) report on a regular basis to the following agency: Pretriai~Services. ( ) (f) comply with the following curfew: ( ) (g) retrain from possessing a firearm, destructive device, or other dangerous weapons. ( ) (h) refrain from excessive use of alcohol, and any use or unlawful possession of a narcotic drug or controlled substance defined in 21 U.S.C. 802 unless prescribed by a licensed medical person. undenzo m..e~.~-ut,vsvchtaui,, t, ca*--.,~r,__a,,.~a/,~ ,-~,~;, ;, ~.. . . .
.-. o
~ execute a bond or an agreement to forfeit upon failing to appear as ~equired~ the following sum of money o.~ ~d.gsignated property: / ( ) (k)post with the court th~ f~llo-wing indicia-of - " of the above-described property, or the ownership following amount or percentage of the above-described money: ( ) (1) execute a bail bond with the solvent sureties in the amount of $ ( ) (m)return to custody each (week) day as of oclock after being released each (week) day as of ~oclock for employment, schooling, or the, l~l_owiog limited purRose(s): ~ s.urrender any passport other travel documents to: [_(~i=Y~t~_l ...~).~o) ootain no or passport or travel documents " t ~l- ~"~ I .....~~FI ,U~ -()(p) undergo substance abuse testing and/or treatment as directed at the direction of Pretrial Services. ( ) (q) the defendant shall not operate a motor vehicle without a valid license. ( ) (r) the defenda~nt is plac~d on home detention with electrQnic monitoriog as directed.
WHITE COPY - COURT
YELLOW - DEFENDANT
BLUE - U.S, ATTORNEY
PINK - U.S. MARSHAL
GREEN -PRETRIAL SERVICES
EAOUSAFOIA0000438
Case 110-cr-OO286-TSE Document 10 Filed 08/05/10

~AO 199C (Rev. 6/97) Advice of Penalties...
Page.~,/" of
.Pages
Advice of Penalties and Sanctions

TO THE DEFENDANT: YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS: A violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of release, an order of detention, and a prosecution for contempt of court and could result in a term of imprisonment, a fine, or both. The commission of a Federal offense while on pretrial release will result in an additional sentence of a term of imprisonment of not more than ten years, if the offense is a felony; or a term of imprisonment of not more than one year, if the offense is a misdemeanor. This sentence shall be in addition to any other sentence. Federal law makes it a crime punishable by up to 10 years of imprisonment, and a $250,000 fine or both to obstruct a criminal investigation. It is a crime punishable by up to ten years of imprisonment, and a $250,000 fine or both to tamper with a witness, victim or informant; to retaliate or attempt to retaliate against a witness, victim or informant; or to intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing. If after release, you knowingly fail to appear as required by the conditions of release, or to surrender for the service of sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of: (1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, you shall be fined not more than $250,000 or imprisoned for not more than 10 years, or both; (2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, you shall be fined not more than $250,000 or imprisoned for not more than five years, or both; (3) any other felony, you shall be fined not more than $250,000 or imprisoned not more than two years, or both; (4) a misdemeanor, you shall be fined not more than $100,000 or imprisoned not more than one year, or both. A term of imprisonment imposed for failure to appear or surrender shall be in addition to the sentence for any other offense. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of Defendant
I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions of release, to appear as directed, and to surrender for service of any sentence imposed. I am aware of the penalties and sanctions set forth above.
Address City and State Telephone ~3 clot[
q,O
Directions to United States Marshal ( ( T~he defe ndant is ORDERED released after processing. ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judicial officer that the defendant has posted bond and/or complied with all other conditions for release. The defendant shall be produced before the appropriate judicial o~ficer at the time and place specified, if still in custody. Date: ~l .~ ] )~:> /s/Thornas Rawles Jone8, Jr.
ature of Judicial Officer
U.S. ~,GISTRATE JUDGE

Name and Title of Judicial Officer
DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S, MARSHAL
EAOUSAFOIA0000439

AO 98 (Rev. 8/85) Appearance Bond
................................
EASTERN DISTRICT OF VIRGINIA r _
UNITED STATES OF AMERICA v. Paul Magliocchetti ~~0~,~_TJ APPEARANCE BOND
CASE NUMBER: 1 "10cr286
Non-surety: I, the undersigned defendant acknowledges that I and my... Surety: We, the undersigned, jointly and severally acknowledge that we and our... personal representatives, jointly and severally, are bound to pay the United States of America the sum of $$2,000,000.00 (TWO MILLION) (UNSECURED), and there has been deposited in the Registry of the Court the sum of $NONE in cash or XXXXXXXX (describe other security.) The conditions of this bond are that the defendant Paul Maqliocchett is to appear before this court and at such other places as the defendant may be required to appear, in accordance with any and all orders and directions relating to the defendants appearance in this case, including appearance for violation of a condition of defendants release as may be ordered or notified by this court or any other United States district court to which the defendant may be held to answer or the cause transferred. The defendant is to abide by any judgment entered in such a matter by surrendering to serve any sentence imposed and obeying any order or direction in connection with such judgment. It is agreed and understood that this is a continuing bond (including any proceeding on appeal or review) which shall continue until such time as the undersigned are exonerated. If the defendant appears as ordered or notified and otherwise obeys and performs the foregoing conditions of this bond, then this bond is to be void, but if the defendant fails to obey or perform any of these conditions, payment of the amount of the bond shall be due forthwith. Forfeiture of this bond for any breach of its conditions may be declared by any United States district court having cognizance of the above entitled matter at the time of such breach and if the bond is forfeited and if the forfeiture is not set aside or remitted, judgment may be entered upon motion in such United States district court against each debtor jointly and severally for the amount above stated, together with interests and costs, and execution may be issued and payment secured as provided by the Federal Rules of Criminal Procedure and any other laws of the United States. This/~d is signed on August 5, 2010 at 401 Courthouse Square, Alexandria, VA 22314 ~ Defendant ~.~~c,.~--[://~ etti Address:::~=" " c/ ~ ~ P~J~ Surety: / \ ,~ --"---~..../~tJ v t Paul Magliocchetti Surety: ~ Address: Address:
Signed and acknowledged before me on
Galindo
Approved: Judicial Officer
UtS. Deputy Clerk
EAOUSAFOIA0000440
Case 1:10-cr-00286-TSE Document 12-1 Filed 08/10/10 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria, Virginia
UNITED STATES OF AMERICA
PAUL J. MAGLIOCCHETTI,
Defendant.
) ) ) ) ) ) ) ) ) )
Crim. No. l:10-cr-00286-TSE-1
[PROPOSED] ORDER Upon consideration of the Motion to Reschedule Arraignment, filed by Defendant Paul J. Magliocchetti, IT IS HEREBY ORDERED that Defendants motion is GRANTED, and Defendants arraignment is scheduled for IT IS SO ORDERED, this day of August, 2010.
Judge T.S. Ellis, III
EAOUSAFOIA0000441
Case 1:10-cr-00286-TSE Document 13 Filed 08/11/10 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
UNITED STATES OF AMERICA) v. PAUL J. MAGLIOCCHETTI Defendant.
)
) ) )
Criminal No. 1:10cr286 Hon. T. S. Ellis III
) )
PRAECIPE FOR ENTRY OF APPEARANCE

TO THE CLERK:
Please enter the appearance of Kevin Driscoll, Special Assistant United States Attorney in the Eastern District of Virginia, as co-counsel for the United States of America in the abovecaptioned matter. Respectfully submitted, Neil H. MacBride United States Attorney
By:
/s/ Kevin O. Driscoll Attorney for the United States Public Integrity Section 1400 New York Avenue NW, Suite 12100 Washington, DC 20005 (202) 307-6465 (phone) (202) 514-3003 (fax) E-mail: Kevin.driscoll2@usdoj .gov
EAOUSAFOIA0000442
CERTIFICATE OF SERVICE
I hereby certify that on the 1 lth day of August, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send a notification of such filing (NEF) to the following: William Lawler, Esq. Amy Riella, Esq. Attorneys for Defendant Paul Magliocchetti 1455 Pennsylvania Avenue NW, Suite 600 Washington, DC 20004-1008 Wlawler@velaw.com Ariella@velaw.com
By:
/s/ Kevin Driscoll Attorney for the United States Public Integrity Section 1400 New York Avenue NW, Suite 12100 Washington, DC 20005 (202) 307-6465 (phone) (202) 514-3003 (fax) E-mail: Kevin.driscoll2@usdoj .gov
EAOUSAFOIA0000443
Case 110-cr-OO286-TSE Document 14 Filed 08/10/10
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria, Virginia UNITED STATES OF AMERICA
~LERK, U.S. DISTRICT ALEXANDRIA, VIRGI~qlA
) ) ) ) ) ) ) )
Crim. No. 1:10-,r-00286-TSE-|
Defendant.
ORDER, Upon consideration of the Motion [o Rcschoflui Anaignment, filed by Defendan! Paul J. Magliocchetti, IT IS HEREBY ORDERED that Defendants mvtion is GRANTED, a~d Defendants arra~gnmcnt is sch~ulcd for .~.k.~,)A~" IT IS SO ORDERED. tiffs ~~~/~y otAvbnlsh 2010.
Judge T.S. Ellis. HI
T. S. Ellis, III United States
EAOUSAFOIAO000444

AO 458 (Rev. 06/09) Appearance of Counsel

for the Eastem District of Virginia United States
Plaintiff
V.
Paul Magliocchetti
Defendant
) ) ) ) )
Case No.
1:10-cr-00286-TSE
APPEARANCE OF COUNSEL
To;
The clerk of court and all parties of record I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: Paul Magliocchetti
Date:
08/16/2010
Lindsey R. Vaala - VA 77424

Printed name and bar number
Vinson & Elkins, LLP 1455 Pennsylvania Ave., NW Suite 600 Washington, DC 20004
Address
Ivaala@velaw.com
E-mail address
(202) 639-6523
Telephone number
(202) 639-6604
FAX number
EAOUSAFOIA0000445
Case 1 10-cr-00286-TSE Document 16 Filed 08/20/10 Page 1 of 1 Da,e: 8/20/20L0 Ju~e,: {LL1S Time: q;/Ckt3- to \ UNITED STATES of AMERICA
VS.
Reporter: Interpreter: Language:
Paul J. Magliocchelti Defendants Name
1:10cr286 Case Number Mark Lvtle, Kevin Driscoll IS~t t,, "~tll" Counsel for U.S.
Tirzah Lollar, William Lauler (pro hac vice) Counsel for Defendant Amy Riclla (pro hac vice) Matter called for: Motions __ Setting Trial Date _~Arraignment __ Appeal from USMC Probation/Supervised Release Hrg.
Change of Plea Hrg. ~ Plea Sentencing __ Rule 20 & Plea Pre-lndictment Plea __ Other:
Defendant appeared: ~. v/in person "with Counsel __ without Counsel __ through counsel Filcd in open court: __ Criminal Inh~rmalion ~ Plea Agreement ~ Statement of Facts ~ Waiver of Indictment __ Discovery Order Arraignment & Pica: PG ~"PNG Trial by Jury: I/Demanded ~ Waivcd ~-"WFA ~ FA c~,~) Days to file Motions with Argument od O q-. "" ! O Defendant entered Plea of Guilty as to Count(s) ~ by U.S. ~ by Deft. Motion for Dismissal of Count(s) ~ Order entered in open court __ Order to follow Defendant directed to USPO for PSI: ~ Yes ~ No for: Jury Trial at I !~ ,O~3 ~ ~ Case continued to I/")- b5 - I b "___ Bench Trial ~ Sentencing ~ Guidelines Policy Statement given US Rule 35 motion for reduction of sentence __ Granted __ Denied. Sentence of ~Months heretolbre imposed is reduced to a term of Defendant Admits __ Denies violation of the conditions of probation/supervised release. Court: ( ) fi"h"~s ( ) does not find defendant in violation of conditions of probation/supervised release. Months. Defendant is committed to the custody of the US Atty general to serve a term of:
V---All Exhibits [ bc filed with the Clerk Bond Set at: $ Release Order Entered Deft. Remanded ior Deft. Released on Bond Deft. Detaioed
Dcl~ndanl is: __ In Custody__ ~ On bond ~ Summons Issued __ Warrant lssucd ~;._~
__ us o
EAOUSAFOIA0000446
Case 1 10-cr-00286-TSE Document 17 Filed 08/20/10 Page 1 of 3

~AO 199A (Rev. 6/97) Order Selling Conditions of Release Page I of --~ :~ Pages
F1LEO

Eastern District of VirRinia
(;[[RK U.S. DISTI~ICI COUld[
United States of America
ORDER SETTING CONDITIONS OF RELEASE

Case Number: I: I~)~J~~6
"l~ndant
IT IS ORDERED that the release of the defendant is subject to the following conditions: (1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this case. (2) The defendant shall immediately advise the court, defense counsel and the U.S. attorney in writing before any change in address and telephone number. (3) The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. The defendant shall appear at (if blank, to be notified) 401 Courthouse Sq., Alexandria, VA on ] (~ -- (~ ~ "
Date and Time
United States District Court

Place
Release on Personal Recognizance or Unsecured Bond

IT IS FURTHER ORDERED that the defendant be released provided that: The defendant promises to appear at all proceedings as required and to surrender for service of any sentence imposed.
The defendant executes an unsecured bond binding the defendant to pay the United States the sum of in the event of a failure to appear as required or to surrender as directed for service of any sentence imposed.
DISTRIBUTION: COURT DEFENDANT
PRETRIAL SERVICES
U.S. ATTORNEY U.S. MARSHAL
EAOUSAFOIA0000447

Page 2 o~Pages (Rev. 1/98) Order Svttlng Conditiom of Release
Additional Conditions of Release Upon finding that release by one of the above methods will not by itself reasonably assure the appearance of the defendant and the safety of other persons and the community, it is FURTHER ORDERED that the release of the defendant is subject to the conditions marked below: ( ) (6) The defendant is placed in the custody of: (Name of person or organization) (Address) (Tel.No.) (City and State) who agrees (a) to supervise the defendant in accordance with all conditions of release, (b) to use every effort to assure the appearance of the defendant at all scheduled court proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears. Signed: Custodian of Proxy
( X )(7) The defendant shall: ( ) (a) maintain or actively seek employment. ( ) (b) maintain or commence an educational program. ~ (c) abide by the following restriction on his personal associations, place of abode, or travel: Do not depart the Washington D.C. metropolitan area without orior approval of,Pretrial Services
~d all contact with the following named persons, who are considered either alleged victims d avo"
. or potential wlu,cn~, i -
eretrtat a t~e~ renort on at regular basis~o the following agency: ) (0 comply wt& the following cuffe .
" ,
~,~ - -~i t t -
a nnea U S.C. 802
" y"
"P
..... ~22 _~_~~ ~-~-~-reem~nt to forfeit ~non failing to appe~ as required, the following ( ) ~) execute u ou.u ~t ~ ~ of money or designated property: ( ) (k)post with the court the following indicia of ownership of the above-described property, or the following amount or percentage of the above-described money:. ( ) (1) execute a bail bond with the solvent sureties in the amount of $ ( ) (m)return to custody each (week) day as of oclock after being released each (week) day as of. oclock for employment, schooling, or the following limited purpose(s): _~(n) surrender any passport or other travel documents to: ~,4~!~. k_~\3~ ~ ~5 ~0,.(o) obtain no passport or travel documents. ( ) (p) undergo substance abuse testing and/or treatment as directed at the direction of Pretrial Services. ( ) (q) the defendant shall not operate a motor vehicle without a valid license. ( ) (r) the defendant is placed on home detention with electronic monitoring as directed.
WHITE COPY - COURT
YELLOW I DEFENDANT
BLUE - U.S. ATTORNEY
PINK - U.S. MARSHAL
GREEN - PRETRIAl.. SERVICES
EAOUSAFOIA0000448

~AO 199C (Rev. 6/97) Advice of Penalties..
Page~of .j.~.~Pages
._
Advice of Penalties and Sanctions

TO THE DEFENDANT: YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
A violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of release, an order of detention, and a prosecution for contempt of court and could result in a term of imprisonment, a fine, or both. The commission of a Federal offense while on pretrial release will result in an additional sentence of a term of imprisonment of not more than ten years, if the offense is a felony; or a term of imprisonment of not more than one year, if the offense is a misdemeanor. This sentence shall be in addition to any other sentence. Federal law makes it a crime punishable by up to 10 years of imprisonment, and a $250,000 fine or both to obstruct a criminal investigation. It is a crime punishable by up to ten years of imprisonment, and a $250,000 fine or both to tamper with a witness, victim or informant; to retaliate or attempt to retaliate against a witness, victim or informant; or to intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing. If after release, you knowingly fail to appear as required by the conditions of release, or to surrender for the service of sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of: (l) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, you shall be fined not more than $250,000 or imprisoned for not more than 10 years, or both; (2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, you shall be fined not more than $250,000 or imprisoned for not more than five years, or both; (3) any other felony, you shall be fined not more than $250,000 or imprisoned not more than two years, or both; (4) a misdemeanor, you shall be fined not more than $100,000 or imprisoned not more than one year, or both. A term of imprisonment imposed for failure to appear or surrender shall be in addition to the sentence for any other offense. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of Defendant
I acknowledge that I am the defendant in this case and that I am aware of the conditions of release I promise to obey all conditions of release, to appear as directed, and to surrender for service of any sentence imposed. I am aware of the penalties and sanctions set forth
City and State
"/
Telephone
Directions to United States Marshal

(~) The defendant is ORDERED released after processing ( ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judicial officer that the defendant has posted bond and/or complied with all other conditions for release. The defendant shall be produced before the appropriate~udicial officer at the time and place specified, if still in custody Date: f~ tabk3~ ~~ ~b ; ~)~ 0
Signature of Judicial Officer
T. S. Ellis, III United States ]

DISTRIBUTION: COURT DEFENDANT
Judge
Name and Title of Judicial Officer

U.S. ATTORNEY U.S. MARSHAL
PRETRIAL SERVICE
EAOUSAFOIA0000449
Case 110-cr-00286-TSE Document 18 Filed 08/20/10 Page 1 of 2 _ m.o. P,~N coup

FILED
IN THE UNITED STATES DISTRICT COURT FOR TH! EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA
Vo
AUG 20 mlO l i
GLERK, U.S.DISTRICT COURlr ,~;~
ALEXAIfl)RIA, VIRGIfilA
PAUL J. MAGLIOCCHETTI Defendant.
) ) ) ) ) )
)
CRIMINAL NO. 1:10cr286
GOVERNMENTS UNOPPOSED MOTION FOR PROTECTIVE ORDER COMES NOW the United States of America by undersigned counsel, and moves this Court, pursuant to Federal Rule of Criminal Procedure 16(d)(1), for a Protective Order. As grounds therefore, the Government states as follows: 1. Pursuant to the Governments discovery obligations in this case, the Government
intends to provide to the Defendant wide ranging discovery on a variety of topics. 2. A number of the records that the Government intends to disclose are of a
sensitive, non-public nature, such as personal financial information, including the release of individuals bank records. 3. In addition, some of the materials that the Government intends to disclose were
generated or subpoenaed in connection with other, still on-going, criminal investigations. As such, the public disclosure of these documents could potentially jeopardize ongoing criminal investigations, as well as cause unfair embarrassment or ridicule to individuals who have not been and may never be charged with any crimes. 3. The Defendant does not oppose the proposed Order.
EAOUSAFOIA0000450
WHEREFORE, the United States respectfully requests that the Court grant the Governments instant motion and issue the attached proposed Protective Order.
Dated this 7-J~day of August 2010.
Justin V. Shur Mark Lytle Kevin Driscoll Assistant United States Attorneys
am E. Lawler Counsel for Defendant Paul J. Magliocchetti
EAOUSAFOIA0000451

RED IN OPEN COURT
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA v. PAUL J. MAGLIOCCHETTI Defendant. )
AUG 2 0 2010
CLERK, U.S. DISIR~CI COURI
ALEXANDRIA, YlRGINJA
)
) CRIMINAL NO. 1 : 10cr286
)
)
)
) ORDER
Having considered the Governments Unopposed Motion for a Protective Order concerning its disclosure of discovery materials to the Defendant, and in light of the confidential and sensitive information contained in those materials, the Court orders that any and all discovery materials the Government produces to the Defendant shall be reviewed by only (1) him, (2) his attorneys of record, (3) employees of those attorneys, (4) a photocopying or dataprocessing service to whom it is necessary that the Defendant show the materials for the purposes of preparation, trial, and direct appeal of this matter, (5) witnesses or potential witnesses, and (6) experts assisting in the preparation, trial, and direct appeal of this matter. The Court further orders that the Defendant shall not disclose the contents of any discovery material to any individual or entity except as provided above, as agreed to by the parties, or as further ordered by the Court. The Defendant shall use discovery materials solely for the preparation, trial, and direct appeal of this matter and for no other purpose whatsoever. No additional copies of the discovery materials shall be made except as necessary for those purposes. Before first disclosing discovery material to a witness or expert, the Defendant must give
EAOUSAFOIA0000452
him or her a copy of this order and he or she shall execute an agreement stating the following: "I hereby acknowledge that [name, position of employment], am about to receive information protected by the attached court order entered in the case of United States v. Paul d. Magliocchetti. I certify my understanding that such information is to be provided to me pursuant to the terms and restrictions of this court order. I have been given a copy of and have read this order and agree to be bound by its terms. I agree to submit to the jurisdiction of the United States District Court for the Eastern District of Virginia for the sole purpose of having the terms of this order enforced." The original of such executed agreement as well as records regarding the identification of the information or documents provided shall be retained by the Defendant until such time as all appeals in this matter are concluded. The Defendant may include discovery materials or their contents in a public filing only with the Governments prior approval, or, in the event the Government opposes such disclosure, prior approval of the Court. Should the Defendant, his attorneys of record, or any of the other individuals or entities listed above with whom the Defendant may share the discovery materials for the preparation, trial, and direct appeal of this matter, find any material inadvertently produced by the Government that appears to be classified or is marked as such, they shall immediately double-seal the material and all copies of the material, mark them as classified, and inform the Government. Within 60 business days following the running of any applicable time to appeal any order or ruling entered in this action, the Defendant shall either (i) return to the Government all copies of material obtained through discovery in this action or (ii) certify to the Government that all
EAOUSAFOIA0000453
such materials have been destroyed.
SO ORDERED this ~0 day of August, 2010.
T. S. Ellis, HI United
EAOUSAFOIA0000454
2. !:;. C ~ i\,E D
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
~.:L:L~I:{ US UISi RiC[ gUUR ,,LL~,AhBI,I,~,, VIR61NIA
) )
) Crim No. 1:10CR286
PAUL J. MAGLIOCCHETTI
) ) )
PRAECIPE FOR SUBPOENA
It is respectfully requested that the Clerk of said Court issue subpoenas as indicated below for appearance before said Court at Alexandria, Virginia in United States District Court at 10:00 a.m., on the 5t~ day of October, 2010, then and there to testify on behalf of the United States:
30 sets (60 blanks)
This 23rd day of August, 2010. Respectfully submitted,
Neil H. MacBride United States Attorney
ssistant United ~tcates Attorney
EAOUSAFOIA0000455

AO 89 (Key. 01/09) Subpoena to Testify at a Hearing or TriaJ in a Criminal Case

for the Eastern District of Virginia United States of America
V.
PAUL J. MAGLIOCCHETTI Defendant
) ) ) ) )
Case No.
1:10CR286
SUBPOENA TO TESTIFY AT A HEARING OR TRIAL IN A CRIMINAL CASE To:
YOU ARE COMMANDED to appear in the United States district court at the time, date, and place shown below to testify in this criminal case. When you arrive, you must remain at the court until the judge or a court officer allows you to leave.
Place of Appearance: U.S. District Court 401 Courthouse Square Alexandria, VA 22314 I Courtroom No.: Judge Ellis, 9th Floor 1
Date and Time: l October 5, 2010 10:00 a.m. You must also bring with you the following documents, electronically stored information, or objects (blank if not
applicable):
Date:
08/23/2010
CLERK OF COURT
Signature of Clerk or Deputy Clerk
The name, address, e-mail, and telephone number of the attorney representing (name of party) the United States of America , who requests this subpoena, are:
Mark D. Lytle, AUSA U.S. Attorneys Office 2100 Jamieson Avenue Alexandria, VA 22314 703-299-3700
EAOUSAFOIA0000456

Date: 9/24/2010 Judge: ELLIS Time: 1:47 to 2:54 UNITED STATES of AMERICA Vs. Paul Magliocchetti Defendants Name Lindsey Vaala. William Lawler. Tirzah Lollar Counsel for Defendant l: 10cr286 Case Number Reporter: M.Rodriquez Interpreter: Language:
Kevin Driscoll. Mark Lytle Counsel for U. S.
Matter called for:

Motions __ Setting Trial Date Arraignment __ Appeal from USMC __ Probation!Supervised Release Hrg. Defendant appeared: Change of Plea Hrg. __ Plea Sentencing __ Rule 20 & Plea Pre-Indictment Plea __ Other:
" in person " with Counsel __ without Counsel __ through counsel
Filed in open court: __ Criminal Information " Plea Agreement " Statement of Facts __ Waiver of Indictment__ Discovery Order
Arraignment & Plea: Deft withdrew PNG __ WFA __ FA " PG __ PNG Trial by Jury: __ Demanded __ Waived
at __ Days to file Motions with Argument on Defendant entered Plea of Guilty as to Count(s) 1.7. 11 of the pending Indictment Motion for Dismissal of Count(s)_ 2. 3.4.5.6. 8.9. 10 by U.S. __ by Deft. " Order entered in open court __ Order to follow Defendant directed to USPO for PSI: " Yes __ No Case continued to 12/17/2010 at 9:00 a.m. for: __ Jury Trial " Sentencing __ Guidelines Policy Statement given __ Bench Trial US Rule 35 motion for reduction of sentence Granted Denied. Sentence of__Months heretofore imposed is reduced to a term of Defendant__ Admits __ Denies violation of the conditions of probation/supervised release. Court: ( ) finds ( ) does not find defendant in violation of conditions of probation/supervised release. Defendant is committed to the custody of the US Atty general to serve a term of: Months. Court accepts plea and refers matter to USPO for PSI rpt. Deft continued on the bond with all the previously imposed conditions.
All Exhibits must be filed with the Clerk __ days prior to trial. Bond Set at: $ Unsecured __ Surety __ Personal Recognizance __ Release Order Entered __ Deft. Remanded __ Deft. Released on Bond __ Deft. Detained
Defendant is: __ In Custody " On bond __ Summons Issued __ Warrant Issued
X CM/ECF Email USPO
Email JURY
EAOUSAFOIA0000457
IN THE UNITED STATES DISTRICT COURT F:OR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED =STATES OF AMERICA ) ) ) )
)
CRIMINALNO 1 10~c>286 Ho~orablo T:Si Eliis, IIi
PAUL J. MAGL|OCCHETTI,
PLEA AGREEMEN ! Tile United States of America, by and through the undersigned attorneys tbr the PuNic Integiit:y Section, Criminal Division, United States Depm~ment ofJustlce, the United States Attorneys Office tbr lhe Eastern District of V~rginia (colIectivety referred m as the "UN~ed States,), Paul J. Magliocchetti (hereinafle~ ~eferred to as ~he "defendan{,), and the det:endants counsel enter into the lbllowing agreement pursuant to Rule Ii of the Federal Rules of Criminal Procedure~ The te~ms of the agreement are as iblk~ws: Offense and The defendant agrees to plead #dt~y to three counts containcd in the indictment flied in the above,captioned matter. Spedfica!!y, the defbndant agrees to #lead guil~ m: Count One of the i~Nictment~ wl;ich charges him with making Ntse statements in violation of Title 18, Unitc~ States Code, Section 100!; Count Seven of the Indictment; which charges him with making ilIegal conduit campaign contributions in violation of Title 2, United States Code, Section 44!1~ and Count Eleven o ftlie IndiCtment wh:ic!! charges him w:[t|I making illegal comorate campaign contributions in violation of Title 2: United States Code; Section 44 ! b.
EAOUSAFOIA0000458
Count One carries a maximum sentence of 5 years of imprisonment, a fine of $250,000, and a 3 year term of supervised release. Count Seven carries a maximum sentence of 5 years of imprisonment, a fine of not less than 300 percent of the amount involved in the violation and not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation, and a 3 year term of supervised release. Count Eleven carries a maximum sentence of 5 years of imprisonment, a fine of $250,000, and a 3 year term of supervised release. 2. 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 filed with this plea agreement and agrees that those facts establish guilt of the offenses charged beyond a reasonable doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a stipulation of facts for purposes of Section 1B 1.2(a) of the Sentencing Guidelines. 3. Assistance and Advice of Counsel
The defendant is satisfied that the defendants attomeys have rendered effective assistance. The defendant understands that by entering into this agreement, defendant surrenders certain rights as provided in this agreement. The defendant understands that the rights of criminal defendants include the following:
ao
the right to plead not guilty and to persist in that plea; the right to a jury trial; 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
b.
C.
do
the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present evidence, and to compel the attendance of witnesses. 2
EAOUSAFOIA0000459
4.
Role of the Court and the Probation Office
The defendant understands that the Court has jurisdiction and authority to impose any sentence within the statutory maximum described above but that the Court will determine the defendants actual sentence in accordance with 18 U.S.C. 3553(a). The defendant understands that the Court has not yet determined a sentence and that any estimate of the advisory sentencing range under the U.S. Sentencing Commissions Sentencing Guidelines Manual the defendant may have received from the defendants counsel, the United States, or the Probation Office, 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 Courts decision in United States v. Booker, 125 S. Ct. 738 (2005), the Court, atter considering the factors set forth in 18 U.S.C. 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. Further, in accordance with Rule 11 (c)(1)(B) of the Federal Rules of Criminal Procedure, the United States and the defendant agree to recommend that, for purposes of calculating the advisory range under the Sentencing Guidelines for the conduct specifically described in the Statement of Facts, the counts contained in the indictment be grouped pursuant to U.S.S.G. 3D1.2 and that, pursuant to U.S.S.G. 3D1.3, the following offense level computation applies: Base Offense Level: U.S.S.G. 2C1.8(a), 2B1.1(c)(3) +8
2-Level Upward Adjustment for 30 or More Transactions +2 U.S.S.G. 2C1.8(b)(4) 12-Level Upward Adjustment for More than $200,000 U.S.S.G. 2C1.8(b)(1) and 2BI.I(H) + 12
EAOUSAFOIA0000460
4-Level Upward Adjustment for Leadership Role U.S.S.G. 3Bl.l(a) Total Offense Level
+4
26
In addition to the parties agreed recommendation regarding the guidelines range, the parties agree that the United States may provide information to the Court and the U.S. Probation Officer pursuant to 18 U.S.C. 3661 about additional campaign contributions involving the defendant that are not set forth in the Statement of Facts. The parties disagree about whether the additional campaign contributions constitute a violation of law. The United States retains the ability to argue at sentencing that the additional campaign contributions are illegal and should be considered by the court in determining the appropriate sentence within the recommended guidelines range. The United States agrees, however, that even if the Court determines that the additional campaign contributions were illegal and constitute relevant conduct - thereby warranting an increase in the defendants offense level - it will not recommend a sentence beyond the recommended guidelines range set forth above, because a variance would be appropriate to reduce the guidelines range to the guidelines range recommended above. The defendant retains the fight to argue that the additional campaign contributions did not constitute a violation of law and, therefore, should not be considered at sentencing. The United States and the defendant agree that the defendant has assisted the government in the investigation and prosecution of the defendants own misconduct by timely notifying authorities of the defendants intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government 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. 3El. 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. 3El .l(b), a motion
EAOUSAFOIA0000461
prior to, or at the time of, sentencing for an additional one-level decrease in the defendants offense level. The defendant understands that these stipulations and agreements as to guideline factors are not binding on the Probation Office or the Court. 5. Waiver of Appeal, FOIA, and Privacy Act Rights
The defendant also understands that Title 18, United States Code, Section 3742 affords a defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to 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, United States Code, Section 3742 or on any ground whatsoever, in exchange for the concessions made by the United States in this plea agreement. This agreement does not affect the rights or obligations of the United States as set forth in Title 18, United States Code, Section 3742(b). The defendant also hereby waives all fights, whether asserted directly or by a representative, to request or receive from 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 552a. 6. 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 conviction. 7. Payment of Monetary Penalties
The defendant understands and agrees that, pursuant to Title 18, United States Code, Section 3613, whatever monetary penalties are imposed by the Cour~ will be due and payable immediately and subject to immediate enforcement by the United States as provided for in
EAOUSAFOIA0000462
Section 3613. Furthermore, 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 debtors 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 States 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 specifically directs participation or imposes a schedule of payments. 8. Immunity from Further Prosecution
If the Court accepts the defendants plea of guilty and the defendant fulfills each of the terms and conditions of this agreement, the Public Integrity Section, Criminal Division, United States Department of Justice, and the United States Attorneys Office for the Eastern District of Virginia agree that it will not further prosecute the defendant for any crimes described in the indictment or statement of facts or for any conduct of the defendant now known to the undersigned attorneys from the above offices and to the law enforcement agents working with those attomeys on the present investigation. 9. Dismissal of Other Counts
As a condition of the execution of this agreement, and the Courts acceptance of the defendants plea of guilty, the United States will move to dismiss the remaining counts of the indictment against the defendant. 10. Breach of the Plea Agreement and Remedies This agreement is effective when signed by the defendant, the defendants attomey, 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 defendants
EAOUSAFOIA0000463
attorneys). If the defendant withdraws from this agreement, or commits or attempts to commit any additional federal, state or local crimes, or intentionally gives materially false, incomplete, or misleading testimony or information, or otherwise violates any provision of this agreement, then: a. The United States will be released from its obligations under this agreement. The defendant, however, may not withdraw the guilty plea entered pursuant to this agreement; b The defendant will be subject to prosecution for any federal criminal violation, including, but not limited to, perjury and obstruction of justice, that is not time-barred by the applicable statute of limitations on the date this agreement is signed. Notwithstanding the subsequent expiration of the statute 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 information provided, or statements made, by the defendant, and all such information, 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 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. 1 l(f), the Sentencing Guidelines or any other provision of the Constitution or federal law.
7
EAOUSAFOIA0000464
Anyalleged breach o f this agreement by eitlaer pa:~ly shall be deten~ined by ~qe Cou~ in
be required to establish a breach of the pica agreement by a preponde~ ance of the evidence: 11. Nature el the Agreement and Medificadons This written agreement constitutes the complete plea agreenient between the United StNes, the det?endant, and the detendant ~ counsel. The de[}anda:nt and Ns attorneys acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in writing in this plea agreement, to cause the defe~idant m piead gu:ilty. Any m0dil~eation of ~his plea agreement shall be valid only as set in a supplementa! or revised plea agreement signed by all parties: in w~iting
Respect[~aily submitted,
Neil H. MacBride
Jack Smiti~
Mink D, AssiStant United States Attorney
J~stln V: Shur Trial Attorneys
EAOUSAFOIA0000465
Dcfendanls Si
: 1 hereby agree that I have consulted with my altorneys and i:alty
undel~mnd all rights with respect to the criminal intimnation. Further, i fully understand all rights with respect to 18 U.S.C. 3553 and the provisions {)lthe Senmncing Guidelines Manual that may apply in my case. I have read this plea agreemeut and carefully reviewed eveW pa~ of it with my attorneys. I undersland |his agreement and voluntarily aDee to it.
Pau~ J. Defendant Defense Counsel Signature: Wc arc counsel |:iu" the defendmnt in this case. We have tlally explained to the defendant the det~ndants rights with respect to the criminal information. Further we have reviewed 18 U.S.C. 3553 and the Sentencing Guidelines Manual. and we have ihlly explained to the defendant the provisions that may apply in this case. We have c~el;ally reviewed every part ofthis l~lea agreement with the defendant. To our knowledge, the det~ndan{s decision to enter into thi s agreement is an inlb,~ed and voluntary one.
W~limn E. Lawler~ Esq. Amy Eamourcux Riella~ Esq. Vinson & E~kins 1455 Pcm~sylvania Avenue, N.W. Suite 600 Washingtou, DoC. 20004 Attorneys tbr the Delimdanl
EAOUSAFOIA0000466
INTHE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
) )
CRIMINAL NO. 1 : 10~er,286 Honorable T,S. Ellis, III
PAUL J, MAGLIOCCHETTI, Defendant.
) )
STATEMENT OF FACTS
Were this matter m go to trial, the United States of America would prove the fbllowing
tScts beyond a reasonable doubt: PAUL J, MAGLIOCCHE~I, the defendant~ was the founder and owner of PMA Group, [nc~ (tbnnerl:y known as Paul Magliocchetti Associates, Inc,) (hereinaRer refe~ed to as
2.
PMA was a lobbying finn incorporated in the State of Virginia and located in
Arlington, Virginia, within the Eastern District of Virginia. PMA had as clients various private companies and individuals, including many that worked in the defense industry. On their behalf. PMA acting through MAGL1OCCHETTI regularly sought funding or benefits in the fbrm of federal appropriations, commonly known as earmarks. 3. As the founder and president of the comp~my that bore his narne,
MAGLIOCCHETTI sou~t to increase PMA s influence, power, and prestige - both among PMAs base of cmTent and polential cliems as well as mnong the elected public officials to whom PMA and its lobbyists sought access. Political contributions to campaign committees and political action committees of various c~didates for federa! off;ice (collectively, "federal
EAOUSAFOIA0000467
campaign contributions") were a key part of MAGLIOCCHETTIs plan to increase PMAs profile and its profitability. 4. In an effort to achieve his goals of increasing PMAs visibility and influence,
MAGLIOCCHETTI made hundreds of thousands of dollars in illegal conduit and corporate federal campaign contributions. Aware of the strict limits on individual federal campaign contributions - and the outright ban on corporate contributions - MAGLIOCCHETTI, unbeknownst to the federal campaigns, funneled personal and corporate money to friends, family members, and PMA lobbyists in order to make these unlawful contributions. 5. From 2005 through 2008, MAGLIOCCHETTI used members of his family,
friends, and PMA lobbyists to make $386,250.00 in illegal federal campaign contributions. MAGLIOCCHETTI directly and indirectly instructed these individuals to write checks out of their personal checking accounts to specific candidates for federal office. At various times, for the purpose of making these contributions, MAGLIOCCHETTI advanced funds to or reimbursed these individuals using personal and corporate monies. 6. MAGLIOCCHETTI caused various campaign and political action committees to
unwittingly file reports with the FEC which falsely stated that the conduits had made federal campaign contributions when in truth and in fact each contribution was made by MAGLIOCCHETTI or PMA. In doing so, it was MAGLIOCCHETTIs intent to conceal from the Federal Election Cormnission ("FEC") the fact that MAGLIOCCHETTI and PMA were the true source of the funds for these illegal federal campaign contributions. 7. MAGLIOCCHETTI engaged in the conduct described above knowingly,
corruptly, and willfully and not because of accident, mistake, or other innocent reason.
EAOUSAFOIA0000468
Respectfia!~y suNnitted,
Eastern District of Virginia
iBy: Assistant United States Attorney Kendall Day iustin V, Shur Kevin O, Ddscoll
EAOUSAFOIA0000469
After consulting with iny attorneys and pursuant to the plea agreement entered into this day be~,veen hereby stipulate that tile above Statement o~ Facts is true and accmate, and that had the mallet proceeded to trial, the United States wou~d have proved the same beyond a ~easonable doubt,
We are Paul J. Magliocchetfi s attorneys. We have cavefuily reviewed the above :Statement of Facts with him. To ou~ knowledge, his decision to stipu!ate to these thets is an inibrmed and volunlaw one; William E; LaMer, Esq, Amy Lamoureux Rieiia, Esq; Vinson & Eikin:s LLP 1455 PennsyivavSa Avenue, N.W~ Washington~ D:C. 20004 Attorneys tbr tim Defendant
EAOUSAFOIA0000470
THE UNITED STATES DISTRICT COURT FOR THI EASTERN D[STRtCT OF VIRGINIA Alexandria Division
UNITED STATES OF AMEF~CA
CR!MDqAI NO~ t:10-c>286 Honorable T,S. Eilis, I{II
PAUL Ji MAGL!OCCHETTii
MOTION FOR DISMISSAL
The United States of America, by and ttnough the under:;igned attorneys tbr the: Public Integrib; Sectioni Criminal Division, United States Depa~ment of Justice, and the United States Attorney s Ol~ice fbr the Eastern District of virginia (collectivei~ re~rred to as the "United States"), hereby moVes tl~is Court pursuant to Fed, R. Crim~ P~ 48(a) to dismiss Counts 2, 3, 4i 5, 6, 8, 9 and I 0 of the Indictment in the above-captioned case pnrsuant to tbe Plea Agreement entered into between the United States and defendant Paui J, Magliocche{ti and his counsel.
Re:spectfttliy submitted,
Neii it. MacBride United States Attorney Eastern District of Virginia

By:
Public Integrity Section M~ Kendall Day Justin V. Sh~r
EAOUSAFOIA0000471
IN THE UNITED STATES DISTRICT COI_!RT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
> )
CRIMINAL NO, 1 :i0~c>286 Honorable T:S. Ellis, ill
Defendant.
) )
Upon Motion of the United States to Dismiss Comets 32, " 4, 5, 6, 8~ 9, and I0 of tlne ~, Indictment in the above,captioned case, it is hereby ORDEF~D~ tl~at Counts 2, 3, 4, 5, 6, 8, 9~ and 10 of the Indictment n the above,captioned case are dismissed as to defendant Paul J, Magliocchettl,
EAOUSAFOIA0000472
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION
) ) ) ) ) ) ) .)
CRIMINAL ACTION NO. 1 : 10-cr-00286-TSE
DEFENDANTS CONSENT MOTION TO MODIFY THE CONDITIONS OF RELEASE TO ALLOW FOR TRAVEL TO A FAMILY WEDDING Defendant Paul J. Magliocchetti, by and through undersigned counsel, and with the consent of the United States, submits the foregoing consent motion requesting that this Court modify the conditions of his release to permit him to travel from Florida to Pittsburgh, Pennsylvania between the dates of October 22, 2010 and October 25, 2010 to allow him to attend a family wedding. In open court on September 24, 2010 this Court indicated it would grant Mr. Magliocchettis request to modify the conditions of his release. This consent motion is submitted pursuant to the Courts request. The reasons for the request are set forth below: 1. Mr. Magliocchetti was charged in a multi-count indictment and was arraigned before this Court on August 20, 2010. 2. During the August 20, 2010 arraignment, this Court modified the previously imposed condition of release restricting Mr. Magliocchettis travel outside of Washington, D.C. to his home in Amelia Island, Florida, to also include travel within the Middle District of Florida.
EAOUSAFOIA0000473
3.
Mr. Magliocchettis niece will be married in Pittsburgh, Pennsylvania on October 23, 2010.
4.
On September 24, 2010, Mr. Magliocchetti requested in open court to temporarily modify the conditions of release to permit him to travel to Pittsburgh to attend the wedding.
5.
In open court on September 24, 2010, the government confirmed that it does not oppose Mr. Magliocchettis request.
6.
On September 24, 2010, this Court indicated it would grant Mr. Magliocchettis request and requested that Mr. Magliocchetti submit this written request to the Court.
For the foregoing reasons, it is respectfully requested that this Court modify the conditions of Mr. Magliocchettis release to allow him to travel from the Middle District of Florida to Pittsburgh, Pennsylvania between October 22, 2010 and October 25, 2010 to allow him to attend his nieces wedding. Respectfully submitted, /s/ Lindsey R. Vaala Lindsey R. Vaala Va. Bar No. 77424 V1NSON & ELK1NS L.L.P. 1455 Pennsylvania Avenue, N.W. Suite 600 Washington, DC 20004 Telephone: (202) 639-6500 Facsimile: (202) 639-6604 lvaala@velaw.com Attorney for Defendant Paul J. Magliocchetti
EAOUSAFOIA0000474
Of Counsel: William E. Lawler III Amy L. Riella VINSON & ELKINS L.L.P. 1455 Pennsylvania Avenue, N.W. Suite 600 Washington, DC 20004 Telephone: (202) 639-6500 Facsimile: (202) 639-6604 Admitted Pro Hac Vice
September 30, 2010
EAOUSAFOIA0000475
CERTIFICATE OF SERVICE I hereby certify that on this 30th day of September, 2010, I electronically filed the foregoing CONSENT MOTION TO MODIFY THE CONDITIONS OF RELEASE TO ALLOW FOR TRAVEL TO A FAMILY WEDDING using the CM/ECF system, which will send notification of such filing to all counsel of record.
/s/ Lindsey R. Vaala Counsel for Defendant Paul J. Magliocchetti
EAOUSAFOIA0000476
) ) ) ) ) ) ) .)
CRIMINAL ACTION NO. 1 : 10-cr-00286-TSE
PROPOSED ORDER Upon consideration of Defendant Paul J. Magliocchettis Consent Motion to Modify the Conditions of Release to Allow for Travel to a Family Wedding, Defendants motion is GRANTED. It is further ORDERED: (1) Mr. Magliocchettis conditions of release are modified to allow him to
travel from Florida to Pittsburgh, Pennsylvania between October 2010 22, and October 25, 2010. IT IS SO ORDERED, this day of September, 2010
Judge T.S. Ellis, III Copies to all Counsel.
EAOUSAFOIA0000477
Case 1:10-cr-00286-TSE Document 27 Filed 09/30/10 Page

V.
) ) ) ) ) ) ) )
CRIMINAL ACTION NO. ! : 10-cr-00286-TSE
ORDER Upon consideration of Defendant Paul J. Magliocchettis Consent Motion to Modify the Conditions of Release to Allow for Travel to a Family Wedding, Defendants motion is GRANTED. It is further ORDERED: (I) Mr. Magliocchettis conditions of release are modified to allow him to travel fiom Florida to Pittsburgh, Pennsylvania between October 22, 2010 and October 25, 2010. IT IS SO ORDERED, this ~ 4~,/ day of September, 2010
Judge T.S. Ellis, 11I
Copies to all Counsel.
EAOUSAFOIA0000478
) ) ) ) ) ) ) ) .)
CRIMINAL ACTION NO. 1 : 10-cr-00286-TSE Sentencing Date: December 17, 2010
DEFENDANTS MOTION TO PRESENT WITNESS TESTIMONY AT SENTENCING Defendant Paul J. Magliocchetti, by and through undersigned counsel, submits this motion requesting this Court to allow the presentation of testimony at the sentencing hearing scheduled for 9:00 a.m. on Friday, December 17, 2010. Specifically, Mr. Magliocchetti requests permission to present testimony from Dr. Edward Curcio, a psychiatrist in Falls Church, Virginia who has treated Mr. Magliocchetti since November 2008 and is knowledgeable about his mental health condition and on-going treatment. As this Court is aware, and as described in the Presentence Report, Mr. Magliocchettis mental health issues are numerous and complex. These issues bear directly on relevant sentencing considerations and we believe that having Dr. Curcio testify at the hearing and answer any questions the Court may have will provide clarification regarding the complex conditions at issue and aid the Courts sentencing determination in this matter.
EAOUSAFOIA0000479
For the foregoing reasons, it is respectfully requested that this Court allow Dr. Edward Curcio to present live testimony at the sentencing hearing scheduled in this matter. Respectfully submitted, /s/Lindsey R. Vaala Lindsey R. Vaala Va. Bar No. 77424 V1NSON & ELK1NS L.L.P. 1455 Pennsylvania Avenue, N.W. Suite 600 Washington, DC 20004 Telephone: (202) 639-6500 Facsimile: (202) 639-6604 lvaala@velaw.com Attorney for Defendant Paul J. Magliocchetti
December 10, 2010
EAOUSAFOIA0000480
CERTIFICATE OF SERVICE I hereby certify that on this 10th day of December, 2010, I electronically filed the foregoing MOTION TO PRESENT WITNESS TESTIMONY AT SENTENCING using the CM/ECF system, which will send notification of such filing to all counsel of record.
/s/Lindsey R. Vaala Attorney for Defendant Paul J. Magliocchetti
EAOUSAFOIA0000481
Case 110-cr-00286-TSE Document 30-2 Filed 12/13/10 Page 1 of 8
Exhibit 2
DEFENDANTS MEMORANDUM IN AID OF SENTENCING
United States of America v. Paul J. Magliocchetti Criminal Action No. l10-cr-00286-TSE
EAOUSAFOIA0000482
Sheppard Pratt 6S01 N. Charles Street P.O. Box 6815 Baltimore. ~D 21285-6815 (4.10) 936-3000 F~x [410) 936-453Z
RETREAT
PATIENTS NAME: BIRTH DATE: I~D REC #; ADMIT #: U~IT #: ADHITDATE: DISCHARGE DATE:
MA~LIOCCHETTI, PAUL 07/22/1946 4804472 652295 RET~ 07/1612010 08/18/2010
I.
SUMMARY OF PATIEI/F INFORF~TIO~UPONADMISSI0~:
A. Identifying Information: The patient is a 64-year-old married white man, currently unemployed wi~h a complicated legal situation, who presented wi~h chief complaints of depression, anxiety, and suicidal ideation in context of legal difficulties, B. Brief Revie~ of HPI and Past Psychiatric Hx: The patien~ identifies the start of his mood and anxiety symptoms to be 20 months ago when an investigation began into illegal campaign contributions his lobbying firm had reportedly made. In ~ovemher 2008, the federal investigators ca~e into his home and from that point on he has lost his company and has had extensive financial loss resulting from legal fees nnd loss of income. Since r.he legal situation has been ongoing with possibility of indictment versus a plea bargain, the patient has felt "under siege" and has retreated from participating in his llfe due to constant ~uminnting thoughts, ~r~xiety and hopelessness regarding the outcome of the c~e. He identifies the option o suicide as "plan A", the ultimate ~ay to solve the problem o potential incarceration, further loss of financial assets, and decreased inheritance to his wife mild grandchildren. On admission, his self-reported plan at home would be tm overdose on medications and "never ~ke up." He describes the experience of the last 20 months as a roller coaster that he has had a hard time keeping up with. There is no defined end, no way to predict the outcome. He has essentially lost control over his future and the po~er and financial freedom that he has once had. As a result of his low mood, loss of sleep, hopelessness, lack of energy, anhedonla, shame, and embarrassment, it was recommended ~he Paul start seeing a psychiatrist to treat his s~mptoms. He began ~o work with Dr. Ed Curcio in December 2008 with medication management, which included Remeron for mood symptoms and sleep and Lithium for chronic suicidality as well as psychotherapy. Paul has a solid relationship mlthhls pyfchiatrist and has a great deal of trust in their relationship. The patient was referred to The Retreat by Dr. ~urcio as a resul~ of mos~ recent changes in the legal situation a week or ~o prior to his =dmisslon tm The Retrea~, which left the patient feeling more hopeless, more depressed, end continuing to ruminate over the potential outcomes of the situation ~ith more pressing need oz resolution ~hich, for the patient, includes suicide. Dr.Cur~io ~ressed ~ great deal of concer~ about Pauls safety and felt that he needed to take more aggressive steps in the ~stients trea~aent.
There are no reported psychiatric problems prior to 2 years ago. Paul reports having a lot of
EAOUSAFOIA0000483
Case 110-cr-OO286-TSE Document 30-2 Filed 12/13/10 Page 3 of 8
anxiety as a child ~nd a lot of conflict wi~h his father, however, none of which translated to
seeking ureatment or therapy in the past. The patient reports history of increased alcohol intake since the legal difficulties began. On admission, he reported having several alcoholic drinks a day and several glasses of wine wi~h dinner as well as a drink before bedtime, for ~otal of 8-10 drinks a day. Paul dld nod report requiring medical attention of alcohol intoxication or withdrawal, but did report that he noticed on multiple occasions tha~ he would develop a tremor when ~ drinking less throughout the day or missing his Xanax dose in the morning. The lack ofistructure he describes throughout the day, spending time by the pool and only having a few things to do in ~he morning in the her his Eamiiy om%st have contribused to a lifestyle that worsens his mental ~tate as well as memory and allo~s him to continue tm focus solely on his legal situation. C. ~ental Status Upon Admission: The patient is a pleasant, cooperarive~man appearing about his sta~ed age, ~ell-kept. He ~as eager ~o ~alk ~ith me and had good eye contact throuohout our session. At times~ he has become ~ear~ul, but Eo~Id contain his e~otlon. His speech was clear wi~h normal in volume, rate, and rhl~ch~. He expressed himself elo~D~.entIy. He his mood az "tired, been hatter," ~d his affec~ was appropriate.. Thou~h~ process was linear. He is able tO gi~e a cohesive account of the difficulties he has been ~hrough. . Thought content focused on the stress he h~d been under in the last ZO months, hlsthoughts of having a ray out by s~icide e~%d his faint ho~e tha~ something may chsnge with him being here because "something,s got to give." He had so~e J_nsight into the depressive sy~l~oms, but feels so trapped that he does not see an outcome ~o the situation other than "the~ winning on me, winning by taking myself ou$ of the fight." Judgment rega~dlng ~he true reality consequences of his suicide appeared clouded and not entirely reality based.
D. Patients and F~milys Goals for Admission: Paul ca~e to The Retreat at the recommendation of his outside psychiatrist due to growing concern of both Dr. Curcio and the patient that his chronic suicidal ideation ~rill ultimately result in self-harm in l~ght of the legal situation and lack of resolution thus far. The patient certainly identifies hopelessness, ~nger, and rage as key factors in his suicidal ideation. The patients goal for huis admission was to learn about coping skills and ways to deal with the ongoing uncer~ain~f and fluctuations in his situation. He has also been encouraged by his psychiatrist and by his wife to share more Of his feelings (intense rage and shame) and find more comfortable ways ~o express them.
II
COURSE IN TREAT~E~IT O~I THE RETREAT:
A. Firs~ T~o Weeks: Paul was admitted to the Retreat on 7/16 and developed frank hamaturia which led to a hospitalization at GBMC and a T~RP procedure to rasect a prostate infection on 7/17. He ~as also discovered to have non-insulin dependent Diabetes ~ellitus (HO~ AIC of 9.7) and was monitored for signs and symptoms of alcohol withdrawal. He has had ongoing hypertension (BP 160s-17Os/lOOs) and elevated heart rate, whiuh slowly resolved as his infection improved and more time passed since his last drL~zk. Upon re~urn to the Re,rear, Paul engaged in treatment, participated in grou~s and in individual treatment sessions with multiple providers. His mood continued to be low, with extreme rumination and a sense of hopelessness about his situation. He was able ~o express some of his anger and rage in individual sessions, but had a. difficult time adjusting his rigid thinking patterns rm consider othe~ outcomes of t.his situation aside from s~icide. Paul acknowledged that using alcohol throughout the day has been a coping mechanism in the last year. He has used it to numb his feelings and to decrease the anxiety that has come on r,hroughout the day from his ruminating thoughts. While he had never before addressed his d~inking as problem, he recognized working with other residents and staff on the unit, that his alcohol use had become chronic and increasing in amounr~, which indicates
EAOUSAFOIA0000484
Case 1:10-cr-00286-TSE Document30-2 Filed 12/13/10 Page4of8
a degree of dependence and addiction. B. Summary of Diagnostic Assessmen~ and Treatment Plarming Conference: Paul ~s treatment has focused on ~inding heal~ie~ ~ays ~o e~ess ~s ~eelings ~d be~te~ ~ays o~ coping ~a~ leave him ~ess isola~ed ~d depressed. In individua~ and g~oup DBT session~ Pa~ wo~ed wi~ ~e ~e~api~ to gain psychological space ~o consider o~eK outcomes besides ~cide. He has ~o~ked ~o find activities such as exercise, expe~i~ial ~erapies, ~d pee~ suppoz~ as help~ ~a~s ~o shif~ focus in his ~houg~ p~ocess. Paul ~d ~s ~ife ~o~ked ~ ~e f~i~y ~e~apis~ iden~if~ ~ziezs co o~ca~ion ~ s~zessful si~aCio~. Nu~s~g encouraged Paul ~ use DBT skills of ~ndf~ness and ~adlcal accep~ce. Paul had reported ~d had been obse~ed co have some memory diffi~l~ies. Pauls ou~ide ps~atzis~ and his ~fe bo~h expressed conce~s =egaz~g Pauls. ~ili~y ~o process information. ~ere appeared ~ be some cognitive ~paiKmen~ in Paul z ~ili~y no ~e in, process ~d respond appropriately complicated legal situation. ~ a =es~, ~ ~I of ~e bra~ ~d neurop~c~acKic testing =eco~ended ~o fur~er ev~ua~ion ~y o~i~ive ~fficlties. As Paul cont~ues ~ s~cid~ ideation as well as some zageful vlolen~ .~ough~s ag~n people in ~s li~e who have hu=~ him or his family, n foK~ic evaluation was ~so zeco~ended. Recommendntio~ fo~ individual ~d group ~e=~ias included m~g =corn in his mind for on, crees o~ez ~ suicide, for finding acti~cies he c~ focus on to shif~ focus f~om ~na~ing ~ough~s, finding ways to express his sage ~d anger in non ~entening o= in~i~da~ng wn~s.
C. Subsequent Course:. Paul had multiple setbacks ~hrough uhe rest of his stay. He got news of being indicted shortly after his diagnostic and attended ~he flrs~ part of his arraignment where he was put in shackies and handcuffs, ~hich ~as very stressful for him. He subsequently found out that his son had provided r-he majority of information used in the case against him, which for Paul signified a verypowerful betrayal he had a difficult time ~ri~h. Paul becene increasingly depressed and concerns were raised about his safety while on ~he unit. His privileges were ~emporari!y reduced ~o s~aff escort, ~o assure that he had more frequent contact with ssaff. Throughout ~he following week, Paul used nhe skills he has been learning in groups to process the events of the court situation. He was able to gain some perspective and be more at peace with the idea that there is not anything he can do at the moment to rectify the situation with his son. Paul began to focus on opportunities in Florida ~o be more engaged in his llfe while he is waiting for the trial. These included spending more time ~ith his wife, working in the bar his family o~ns, and engaging in other activities ~uch as tennis and ~imming, focusing on his. physical health, and monitoring his diabetes properly. He explored the need t~ share his feelings with his wife, to minimize isolatin~ both in his behavior and in his mind, and be more engaged in his legal process. Paul was seen b~ Dr. John Lion on Friday, August 13 for forensic evaluation. The evaluation stated that Paul is not an imminent danger to himself or others at this point in time although the long term risk of suicide for him remains worrisome and will depend on the possibility of plea agreements, outcome of the case, and any potential resolution of the conflic~ with his son. D~. Lion also commented on the concern of ea~Iy cognitive impairment, stemming from patients depKession~ anxiety, history! of chronic alcohol use, and vasculopathy evident by cardiac disease.
The concern over Pauls cognitive state has mounted as it has become evident nha~ Paul does not always hea~ or process importan~ inormahion correctly. This may stem from his a~xie~!, desperate need for "good news" among the negativity of his side,ion, ~fl nega~s~ic ~ing/ca~s~rop~z~g ~a~ often azcompa~es depressed ~ood s~a~es. In conn~ues ~ be ~clear how much ~his lack of objectivity h~ ~fluenced his leg~ decisions so f~, ~Chou~ Ic has become evldenc ~ha~ Pa~ h~ no~ heard or ~ered ac~Ka~ely ~esDio~ ~s la~er h~ posed ~roughou~ ~he process which ~ay co~ro~ise his ~ilI~ Do m~e sold decisions.
EAOUSAFOIA0000485
Pauls indivldual psychotherapy has focused on barriers to being an act+ire, effective participant in his o~n legal process. Ha ~dent~fmed hms fears of f~nancial loss as being so mntense that he ms not able tm imagine his wife or his granddaughters being bet~a= off with him hein~ allve and having little ~o no financial means. He st~/ggles with the idea that he is worth more to hls ~mily than just his inheritance slnce he comes from a blue collar fanil~ in Pittsburgh and has achieved great professional and f~nsnc~al success.. His strained relaSionshlp with his father has also been reflected ~n this process, as the lack of control in the sltuatlon is quite reminiscent of his childhood with a controlling and ~isparaging father. Pauls ultimate fear and source of great anxiety has Dean the possibility of serving a jell sentence. He has a very difficult ~ime imaglnin~ what ~-ilI become of his marriage if he is to be apart from his ~ife, and the anxiety of losing her is so great, ha considers taking himself out of the situation by suicmde to avoid dealing ~th i~. Finally, the scramn on his relationshmp with his son has left Paul devastated. He ms very ambivalent about his anger towards the son, the need to punish hlm for the betrayal but realizing that anythlno he cou!d do to puz~ish his son would inevitably hurt his grandchildren with whom he is extremely close. TI:e ~mbivalence, lack of clear direction for a~tion, and the ~otlonal ~nd fin~nolal devastation of this process have left Paul seeking escape and relief. These thoughts frequently end in suicide in his mind. Throughout individual ~reatment, ~e have b~an successful in challeng:ng Pauls depress:re belle that the world would he better off ~ir~hout him, however he remains extremely fra~11e, and would ILkely revert ~o thls belief with further serious setbacks in the case. P. Summary of Hed~catlon Trials: Pauls medicatmons on admission included Mirtazapine 1S mg at bedtime, Lithium ER 450 mg at bedtime, Xanax 0.25 mg in the morning, Klonopin 0.25 mg at bedtime. As a result of his T~RP p~ocedure and medical complications with the prostate, Ktrtazapine was ~e~orarlly stropped as It h~s been normd to cause urinary re~antlon and w~ restarted I-2 weeks prior tm discharge at a Icier dose of 7.5 mg at bedtime. ~ith this lower dose Paul reported improved mood through stable sleep, without ~rogginess or sedation in the morning. Llthiu~ was started at 450 m~, tittered to 900 mg ~ith level ~f 0.88. UnfoK~Inately, P~ul developed very notable coarse tremor of both h~ Ehlch Ess ~tr~ely ~s~pti~e to him. Llthi~ ~as th~ tapered hack down ~ 450 mg with resolution of ~e ~emor. Paul cont~ued ~ing X~ ~d K1onopmn wi~ ade~nce control of ~s ~zety. ~ conce~ over co~i~Ive dullm~ or worsening of ~e impairer r~n~ as Pauls p~cho~roplc medicaDlons are likely ~o m~luence h~s m~ory ~d conc~ratlon if doses ~e increased s~st~ially.
E. Summary of Medical Conditions, Leboratory Test and Medical Treatment: Shortly afrmr the admission to The Retreat on July 16, 2010, Paul was U~ ~ ~e ~ ~d hospitalized at Greater B~t~ore Hedic~ C~ter Hospital for gross h~a~ria ~d ~derw~t tr~sure~ral resection of pros~ proced~e on ~u~y 17, Z010, wl~ resection o negative pros~ b~opsy. He ~as ~iso disposed ~ ne~ onse~ nonlnsulln-dep~den~ dmabe~s ~alli~s ~hile ~ ~e ho~lt~. 0~er ~edical pmoble~ ~clude h~er~nsion poorly co~trolled ~e Depar~en~ of Heroine ~i~ several reco~da~io~ ~ ad~us~ ~s BP me~ca~ons, ~ good effect.~e psUi~u ~so h~ a ~suo~ of be~ ~ros~auic biopsy in ~e past. ~ was done on 7/21 ~d showed No SR, ~I PR xnU ~d no~al ~c n~e~al. ~ of the ~r~n ~ m~o~ ch~ges. Resul~ showed "ue~ ~Id proh~le microvas~lar ch~ges mater, no Isch~ic event." F. ~ental S~atus at Time of Discharge: Paul ~as pleasant and cooperative, approprlataly ~zessed and well groomed. He had constant eye contact, ~as engaged in conversation. His speech was clear and fluent, nl volume, rate, and rhythm. His mood was "better" and his a~fect had
EAOUSAFOIA0000486
more range than at admission. His thought process was linear and goal directed. Thought content focused on getting discharged, getting plugged in wi~h treatment in Florida and attending his arzaignmen~ in court. He was much less ruminative and more hopeful. There were no immediate suicidal ~hougthts, no pl~n or insent. Paul denied homocidal ideation. Judgman~ ~nd insight wez e imp roved.
III DHH-IV DI~N05E5:
Axis I: ~ajo~ Depressive Disorder, Single Episode, Severe. Anxiety Disorder Not O~herwise Specified. Alcohol Dependence in Early Full Remission. Axis II: Deferred.
Axis III : ]~oninsul in-dep andent di abate s reel litus. HMp er~ension. D[fs lipidemia. C~rdiac disease, status post csrdiac s~ent. H~s post tr~sure~ral resection of pzos~te procedure on July 17, 2010. ~stozy o~ beni~ prostatic h~a~trophy.
Axis IV: Legal difficulties. Social isolation. Axis V: 60. IV DISCHARGE PLAN:
A. Living Arrangements: Paul will return ~o his home in Fernsndina Beach, Florida~ith his wife, Becky. B. To Be Followed By: i. Paul is scheduled 1o meet with Dr. Ed Curcio for follow up appt on Thursday, 8/19/10 a~ IOAI~ 2. A referral was made to Dr. Ron Kirsner in Jacksonville Beach, Florida for local follow up while paul resides in Florida. 3. Paul is scheduled %o have a ~europschiatric ~ssessment to further work up cognitive impairement and memory difficulties on 9/15/10 with Dr. Ann~ew~n. He will also explore availability of Neuropsychia~ric testing Ioc~lly in Florida and canoel~his appt if other opportunities are avail~ble. 4. Paul is ~o follow up with a PC~ in Florida with regard ~o his hypertension, DM, and cardiac disease.
C. Discharge Hedications: Prilosec 20 milligrams daily. GIyburide 2.5 milligrams 2 times
EAOUSAFOIA0000487
I~e~ormin 500 milligrams 2 ~imes a day. }[e~oprolol succina~e ER 50 milligra~s 2 ~es a day. Lovaza 2000 taillights 2 ~imes a da~. Hydrochloro~iazide ~2. S mllli~ams daily. Coza~ I00 milligz~ da~ly. C~diza~ CD 180 ~l~i~s daily. Asplr~ 81 milli~z~ d~ly. ~i~hi~ 450 milligr~s d~ly. ~ir~apine 7.5 m%lli~ d~ly. Alpr~ol~ 0.25 ~illi~s d~l~. ~onopin 0.2~ ~lli~r~s d~ly. D. Therapy Recommendations: Paul will participate in weekly psychotherapy with Dr. Ron Kirsner in Jacksonville Beach, Florida. E. O~her Specific Discharge Recommendations: Paul is to follow a diabetics cardiac healthy diet. He will continue checking his own fingersticks twice daily before breakfast and before dinner. STATUS UPON DISCHARGE: A. Condition at Discharge: Improved. Pauls mood, hopelessness, and resolve to participate in the legal process have improved in the course of tree,ant. Type of Discharge: Straighn. C. Prognosis: Guarded. ~nile Paul has made strides in his treatment, t~here remains a Io~ of po~enDial for setbacks i~ his legal si~ation. If he is noc able rm cope with the stress end uncertainty of this process, he will likely become depressed, self destructive, and suicidal
PRIF~I~Y CLINICIAN Marina Igikklnson, ~D DICTATED BY: ~a~ina ~ikhinson, C0UBFERS IGNED BY: D: 081191Z010 09:24:00 T: 08]19/2010 23:52:41
CONFIDENTIAL - FOR PROFESSI0~AL USE ONLY This material concalns both confiden~i81 ~nd subjective ma~erial which is released for professional use onl~. It should not be shared with patients or relatives excep~ in the context of professional in~rpre~acion. Permission has not been graI1~ed ~o copy ~h~s mar~rial and/or
EAOUSAFOIA0000488
Case 1 10-cr-OO286-TSE Document 30-2 Filed 12/13/10 Page 8 of 8
in orm~ion.
Electronic Signatures: Nikhinson, Marina (MD) (Signed 08/241201013:56) Au~ored Last Updated: 08/24/2010 13:56 Interfaces, Interfaces (Analyst) ~ntered 08~20/2010 08:26) ~.nte~e4
EAOUSAFOIA0000489

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Case 1:10-cr-OO286-TSE Document 3 Filed 08/04/10 Page 1 of 1

PAUL J. MAGLIOCCHETTI, Defendant.

CRIMINAL NO. 1:10CR286

ff~ 1~ ~/" ~/~, ~ ~ /) .,]~,~_ ~ \ __ Date: ~3 1- /~ Alexandria, Virginia

Thomas Rawles Jones, Jr.

Case 1 10-cr-OO286-TSE Document 5

Filed 08/05/10 Page 1 of 1

UNITED STATES DISTRICT COURT

Case No. 1:10CR286

(name of person to be arrested) PAUL J. MAGLIOCGHETTI

CI Probation Violation Petition

173 Supervised Release Violation Petition

~3 Complaint 173 Order of the Court

Date: August 4, 2010

City and state: Alex_a_pd_r!a_,~._v.!_rg!n.ia~.

This warrant was received on (date) .~-.~ _q _.

and the person was arrested on (date) .~,t.

Printed flame and title

CLERK: CHRISTINA MARQUEZ

( )GOVT. ( ) DEFT. ( ) JOINT MOTION TO CONTINUE ( NEXT APPEARANCE:

( ) MAITER CONTINUED FOR FURTHER PROCEEDINGS BEFORE TI IE GRAND JURY (

Case 110-cr-00286-TSE Document 7 Filed 08/05/10 Page 1 of 1

UNITED STATES DISTRICT CO!

Tirzah S. Lollar VA 68145 Printed name and bar number

(202) 639-6670 Telephone number

Court Use Only:

(Da{e) 68145 .(VA Bar Number]

(Dtite) 68145 (VA Bar Number)

Case 110-cr-OO286-TSE Document 10 Filed 08/05/10 Page 1 of 3

United States of America

ORDER SETTING CONDITIONS OF RELEASE

401 Courthouse Sq.~ Alexandria, VA on {~ ~! ~-~~Pla~e Date and Time

Case 1 10-cr-OO286-TSE Document 10 Filed 08/05/10 Page 2 of 3

WHITE COPY - COURT

BLUE - U.S, ATTORNEY

PINK - U.S. MARSHAL

GREEN -PRETRIAL SERVICES

Case 110-cr-OO286-TSE Document 10 Filed 08/05/10

Advice of Penalties and Sanctions

Address City and State Telephone ~3 clot[

ature of Judicial Officer

U.S. ~,GISTRATE JUDGE

Case 110-cr-00286-TSE Document 11 Filed 08/05/10 Page 1 of 1

Signed and acknowledged before me on

Approved: Judicial Officer

UtS. Deputy Clerk

Case 1:10-cr-00286-TSE Document 12-1 Filed 08/10/10 Page 1 of 1

Crim. No. l:10-cr-00286-TSE-1

Judge T.S. Ellis, III

Case 1:10-cr-00286-TSE Document 13 Filed 08/11/10 Page 1 of 2

UNITED STATES OF AMERICA) v. PAUL J. MAGLIOCCHETTI Defendant.

PRAECIPE FOR ENTRY OF APPEARANCE

Case 1:10-cr-00286-TSE Document 13 Filed 08/11/10 Page 2 of 2

Case 110-cr-OO286-TSE Document 14 Filed 08/10/10

~LERK, U.S. DISTRICT ALEXANDRIA, VIRGI~qlA

Judge T.S. Ellis. HI

T. S. Ellis, III United States

Case 1:10-cr-OO286-TSE Document 15 Filed 08/16/10 Page 1 of 1

UNITED STATES DISTRICT COURT

Lindsey R. Vaala - VA 77424

Reporter: Interpreter: Language:

Paul J. Magliocchelti Defendants Name

Dcl~ndanl is: __ In Custody__ ~ On bond ~ Summons Issued __ Warrant lssucd ~;._~

Dcl~ndanl is: In Custody ~ On bond ~ Summons Issued __ Warrant lssucd ~;._~

" in person " with Counsel without Counsel through counsel

Defendant is: In Custody " On bond Summons Issued __ Warrant Issued