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In Columbus, Oh, officer Steven E. Dean was recently sentenced to two and a half years in jail earlier this month after a similar federal investigation found that he had stolen and sold federally owned property issued through the equipment-sharing program for a profit of over $250,000.
In Columbus, Oh, officer Steven E. Dean was recently sentenced to two and a half years in jail earlier this month after a similar federal investigation found that he had stolen and sold federally owned property issued through the equipment-sharing program for a profit of over $250,000.
In Columbus, Oh, officer Steven E. Dean was recently sentenced to two and a half years in jail earlier this month after a similar federal investigation found that he had stolen and sold federally owned property issued through the equipment-sharing program for a profit of over $250,000.
EASTERN DIVISION UNITED STATES OF AMERICA, Case No. 2:13-CR-283 Plaintiff, JUDGE MICHAEL H. WATSON vs. STEVEN EDWARD DEAN, Defendant. PLEA AGREEMENT 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 1 Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 1 of 7 PAGEID #: 58 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). 2 Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 2 of 7 PAGEID #: 59 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 3 Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 3 of 7 PAGEID #: 60 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 4 Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 4 of 7 PAGEID #: 61 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 5 Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 5 of 7 PAGEID #: 62 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). 6 Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 6 of 7 PAGEID #: 63 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 ~ D TED 1 7 STEVEN EDWARD DEAN Defendant Attorney for Defendant DUGL/ij w. SQUiREs:s;:--- DEBORAH A. SOLOVlf_.) Assistant United States Attorneys 303 Marconi Blvd., Suite 200 Columbus, Ohio 43215 (614) 469-5715 Attorneys for the Government Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 7 of 7 PAGEID #: 64