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Plaintiff United States of America and Defendant STEVEN EDWARD DEAN
(the "Parties") hereby enter into the following Plea Agreement ("Agreement") pursuant to Rule
11 (c) and Rule II (c)( 1 )(C) of the Federal Rules of Criminal Procedure:
1. Defendant STEVEN EDWARD DEAN, will enter pleas of guilty to two counts of
a Superseding Information charging him in Count 1 with embezzlement from a program
receiving federal funds in violation of 18 U.S.C. 666(a)(l)(A); and in Count 2 with theft of
public property in violation of 18 U.S.C. 641. Defendant further agrees to a Forfeiture by entry
of a forfeiture judgment in the amount of $251,570.94 in violation of 18 U.S.C. 982(a)(3).
The defendant understands his right to proceed by Indictment returned by a Grand Jury instead
of by Information, but hereby waives his right to prosecution by Indictment filed in this case.
2. Defendant understands the penalties which may be imposed pursuant to his pleas
of guilty to Count 1 and Count 2 of the Superseding Information, as to each count, are a
maximum term of imprisonment of ten (10) years; a fine of $250,000; three (3) years of
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supervised release. The defendant understands that the Court could impose each term of
imprisonment consecutively, that is, one term of imprisonment could be added to the amount of
prison time to be served on the other count. The Parties agree that the provisions of U.S.S.G.
3D1.2 and 3D1.3 apply so that each count of conviction of the two closely related counts in
the Superseding Information should be grouped and not imposed consecutively.
3. Defendant STEVEN EDWARD DEAN will pay a special assessment of $200.00,
as required in 18 U.S.C. 3013. This payment shall be made to the United States District Court
Clerk, 85 Marconi Boulevard, Columbus, Ohio 43215. This assessment shall be paid by
defendant before sentence is imposed and defendant will furnish a receipt or other evidence of
payment at the time of sentencing.
4. Defendant STEVEN EDWARD DEAN, agrees to voluntarily surrender for
forfeiture to the United States all of his right, title and interest in any and all property real or
personal, which represents or is traceable to the gross receipts obtained, directly or indirectly as a
result of the activities alleged in Count 1 and Count 2 of the Superseding Information, including
but not limited to, the forfeiture of $251,570.94 by entry of a forfeiture money judgment.
Defendant STEVEN EDWARD DEAN, agrees to assist the United States in identifying assets to
satisfy the money judgment. Further, Defendant STEVEN EDWARD DEAN, agrees not to
contest the forfeiture, whether administrative, civil or criminal of the assets identified to satisfy
said money judgment. In addition, Defendant STEVEN EDWARD DEAN, agrees to assist the
United States to resolve in its favor any third-party claims to the subject property. Finally, the
Defendant waives any failure by the Court to fully comply with the requirements in Fed R. Crim.
P. 32.2(b)(4).
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5. Defendant STEVEN EDWARD DEAN further understands that he has the
following rights, among others:
a. To be represented by an attorney at every stage of the proceeding,
and that, if necessary, one will be appointed to represent him;
b. To plead not guilty and to be tried by a jury;
c. To be assisted by counsel during such trial;
d. To confront and cross-examine adverse witnesses;
e. To use compulsory process to summon witnesses for the defense;
f. Not to be compelled to testify; and
g. To be presumed innocent throughout trial until and unless found
guilty by a jury.
6. Defendant STEVEN EDWARD DEAN understands that if his pleas of guilty to
the charges set forth in the Superseding Information are accepted by the Court, there will not be a
further trial of any kind, so that by pleading guilty to each offense, he waives or gives up his
right to a trial.
7. Defendant STEVEN EDWARD DEAN understands that the Court intends to
question him on the record about the offenses to which he pleads guilty, which questioning may
be under oath and which could provide a basis for a later prosecution of this defendant for
perjury or false statements if he does not tell the truth.
8. The Parties agree that: (a) defendant's guilty pleas to the two counts in the
criminal Superseding Information herein shall be entered and not withdrawn; (b) defendant shall
remain in custody through the time of service of any term of imprisonment; and (c) defendant
shall act in accordance with all other terms of this Agreement. If these terms are met, the
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United States Attorney agrees: ( 1) not to charge the defendant with any other offense involving
theft and/or embezzlement from government funded programs, any acts regarding the
defendant's role as a police officer involved with the DRMO program, and other acts arising
from the circumstances of this case as set forth in the Superseding Infonnation and Statement of
Facts; and (2) at sentencing, to dismiss the cuiTent Indictment which charges threats in violation
of 18 U.S.C. 875(c), in the above entitled case.
9. Pursuant to Fed.R.Crim.P. 11(c)(l)(C) the Parties enter into a binding agreement
that pursuant to U.S.S.G. 2B1.1, the loss in this case totals $251,570.94, and the factual basis
for this amount is set forth in the Statement of Facts.
10. The United States Attorney for the Southern District of Ohio recommends that as
of the time of the execution of this Plea Agreement Defendant STEVEN EDWARD DEAN has
accepted responsibility for the offenses to which he has agreed to plead guilty and is entitled to a
2 level decrease in his offense level pursuant to U.S.S.G. 3E 1.1. If he continues to accept
responsibility through the time of sentencing, and his offense level is 16 or greater, the United
States will inform the Court pursuant to U.S.S.G. 3El.l(b) that the defendant has timely
notified authorities of his intention to plead guilty and will recommend a further 1 level decrease
in his offense level.
11. Defendant STEVEN EDWARD DEAN is aware that, in light of United States v.
Booker, 125 S.Ct. 738 (2005), the United States Sentencing Guidelines are advisory and are no
longer mandatory and that the Court otherwise is required to impose a sentence consistent with
the factors set forth in 18 U.S.C. 3553(a). The defendant is aware that the Court has
jurisdiction and authority to impose any sentence within the statutory maximum set forth for the
offenses to which the defendant pleads guilty. The defendant is aware that the Court has not
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yet determined a sentence. The defendant is further aware that any estimate of a probable
sentencing range under the guidelines that the defendant may have received, or may receive in
the future, from his counsel, the United States, or the probation office is a prediction, not a
promise, and is not binding on the United States, the Probation Department or the Court. The
United States makes no promise or representation concerning the sentence that the defendant will
receive, and the defendant cannot withdraw his guilty pleas based upon the actual sentence.
12. Defendant understands that this Agreement does not protect him from prosecution
for perjury, should he testify untruthfully, or for making false statements, nor does it protect him
from prosecution for other crimes or offenses to which he does not make admissions or give
truthful information and which the United States discovers by independent investigation.
Further, should defendant fail to comply fully with the terms and conditions set forth herein or
should he fail to appear as required for sentencing, this Agreement is voidable at the election of
the United States, in which case the defendant shall be subject to prosecution as if the Agreement
had never been made.
13. The defendant waives any motions described in Fed.R.Crim.P.l2(b)(3), regarding
pretrial motions, any and all motions, defenses, probable cause determinations, and objections
which the defendant could assert to the Superseding Information or the Court's entry of judgment
against the defendant and imposition of sentence upon the defendant, providing the sentence is
consistent with this Agreement. However, the defendant retains the right to contest and argue the
application of any and all U.S. Sentencing Guidelines and appeal all Guideline calculations and the
application thereof. The defendant further waives: (a) any right to appeal the Court's entry of
judgment against defendant; (b) any right to collaterally attack defendant's conviction and
sentence under 28 U.S.C. 2255, or any other collateral attack; and (c) any right to file a motion
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for modification of sentence, including under 18 U.S.C. 3582(c). The defendant acknowledges
that this waiver shall result in the dismissal of any appeal or collateral attack the defendant might
file challenging his conviction or sentence in this case. If the defendant files a notice of appeal or
a habeas petition, notwithstanding this agreement, defendant agrees that this case shall, upon
motion of the United States, be remanded to the District Court to determine whether defendant is
in breach of this agreement and, if so, to permit the United States to withdraw from the plea
agreement. This waiver shall not be construed to bar a claim by defendant of ineffective
assistance of counsel or prosecutorial misconduct.
14. The Patties understand that this Agreement and each of its terms are not binding
on the Court, except for pargraph 9 regarding the loss amount, and the final determination
concerning the terms rests with the Court. If the Court is not inclined to accept the loss amount
as agreed to in paragraph 9, this Agreement is null and void and the Government may proceed
with an Indictment for any offense conduct.
15. Defendant STEVEN EDWARD DEAN understands that he is not a prevailing
party as defined in 18 U.S.C. 3006A (statutory note captioned "Attorney Fees and Litigation
Expenses to Defense") and hereby expressly waives his right to sue the United States.
16. Defendant further understands and accepts that in addition to any criminal
sanctions, defendant may be subject to other civil and/or administrative consequences, including,
but not limited to, a prohibition against owning or possessing firearms, civil liability, and loss of
any professional license(s).
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17. No additional promises, agreements, or conditions have been made relative to this
matter other than those expressly set forth herein, and none will be made unless in writing and
signed by all Parties.
.;.f 1= I' L/ T ~
Attorney for Defendant
DUGL/ij w. SQUiREs:s;:---
Assistant United States Attorneys
303 Marconi Blvd., Suite 200
Columbus, Ohio 43215
(614) 469-5715
Attorneys for the Government
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