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  • Flynn Plea Agreement

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    Michael Flynn's full plea agreement

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    © All Rights Reserved
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    45K Ansichten10 Seiten

    Flynn Plea Agreement

    Hochgeladen von

    CNBC.com
    Michael Flynn's full plea agreement

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 10
    US. Department of Justice The Special Counsel's Office esingon DC 20830 November 30,2017 Robert K. Kelner Stephen P. Anthony Covington & Burling LLP One CityCenter, 850 Tenth Stree, NW ‘Washington, DC 20001-4956 Re: \inted Stats v, Michel T. lyn Dear Counsel: ‘This letter sets forth the fll and complete plea offer to your cleat, Lieutenant General Michael. Flyan (Ret) (hereinafter refered to as “your client” or “defendant”, from the Special Counsel's Office (hereinafter also referred os “the Government” or “this Office”). IF ‘your client accepts the terms and conditions ofthis offer, please have your client execute this ‘document inthe space provided below. Upon receipt ofthe executed document, this leter will ‘become the Ples Agreement (hereinafter refered to as “this Agreement”), The terms ofthe offer area fllows 2, Charges and Statutory Penalties ‘Your clint agrees to pleas guilty to the Criminal Information, «copy of which is amtached, charging your elient with making false statements othe Federal Bureau of lnvestigetion in violation of 18 U.S.C. § 1001. ‘Your cient understands that e violation of 18 U.S.C. § 1001 caries e maximum sentence 3" imprisonment; a fine of $250,000, pursuant io 18 USC. § 3571(0)G); term of supervised release of not more than 3 years, pursuant to 18 US.C. § 3583(8)Q); and an obligation to pay any applicable intrest or penalties on fines and restitution not timely made In addition, your client agrees to pay special assessment of $100 per felony conviction to the Clerk ofthe United States District Court forthe District of Columbia. Your client aso vderstands that, pursuant to 18 U.S.C. § 3572 and § SE1.2 ofthe United Slates Sentencing Guidelines, Gudelines Manual (2016) (hereinafter “Sentencing Guidelines," “Guidelines,” or the Court may also impose w fine that is suficient to pay the federal goverment the cost of any imprisonment, term of supervised release, and period of probation 2 Bact ‘Your client agrees thatthe atached “Statement ofthe Offense” fairly and accurately Aeserbes your clients actions end involvement inthe offense to which your clients pleading Page t of 10 pulty, Pease have your client sign and ren the Statement ofthe Offense asa writen proffer ofevidence, along with this Agreement. 3. Additonal Charges In consideration of your liens guilty plea tothe above offense, your clint wl not be further prosected criminally by this Office fr the conduct st forth inthe attached Statement of the Offers, 4 Sentencing Guidelines Analisis ‘Your cient understands thatthe sentence in this ease wil be Jetermined bythe Cour, pursuant fo the factors et forth in 18 U.S.C. §3853(0), including a consideration ofthe Eppicabe guidelines and polices st forth in the Sentencing Guidelines. Pursuant to Federal ule of Criminal Procedure 11(€)1)(B), and asist the Cour in determining the appropriate sentence the parties agree tothe following ‘A. Estimated Offense Level Under the Guidelines “The partis agre tha the following Sentencing Guidelines sections apply: USSG.§2B1.1()2) Base OffenseLevel: “Tota: ‘ B. Acceptance of Responsibility “The Government agres that a 2-level reduction willbe apprepriate {§3E1.1, provided tht your elient clearly demonstrates acceptance of responsibil Satisfaction ofthe Government, through your client's llocution, adherence to every provision of this Agreement, and conduct between entry ofthe pla and imposition of sentence. “Nothing in his Agreement limits the right ofthe Government to seek denial ofthe adjustment for acceptance of responsibility, pursuant o U.SS.G. §2E1.1, andor imposition of ‘an adjustment for obstraction of justice, pursuant to U.S.S.. § 3CL.1, regardless of any ‘agrezment set forth above, should your client move to withdraw your client’ guilty plea afer it is entered, or should it be determined by the Government that your dient has either (a) engaged in conduct, unknown tothe Gavernment st the time of the signing o this Agreement, that constitutes obstruction of justice, or (b) engaged in addtional erimicl conduct aftr signing this ‘Agreement. In accordance withthe above, the applicable Guidelines Offense Level wil beat least 4, Page 2 of 10 €.—Restimated Crieninal His ry Category ‘Based upon the information now available to this Office, your cient has no criminal convictions. Accordingly, your client is estimated to have zero criminal history points and your client's Criminal History Category is estimated to be I, Your lint acknowledges tht if additonal convicions ere discovered during the pre-sentence investigation by the United States Probation Office, your clients criminal history points may increase. D. Estimated Applicable Guidelines Range Based upox the agreed total offense level andthe estimated criminal history category set forth above, your clients estimated Sentencing Guidelines range is zero months to sk month imprisonment (the “Estimated es Range”), In addition, the parties agree that, pursuant w US.5.G. § E12, should the Court Impose a fine, a Guidelines level 4, the estimated pplicable fine rrge is $500 to $9,500. Your client reserves the right o ask the Court not to impose any applicable fine, ‘The parte agree thet, solely forthe purposes of clouating the applicable range under the Sentencing Guidelines, neither a downward not upward depart from the Estimated Guidelines Range set forth above is warranted, subject tothe paragraphs regarding cooperation below. Accordingy, nether panty will seek any departure or adjustment to the Estimated Guidelines Range, nor will either party suggest that the Court consider such a departure ot sdjustment, excep as provided in the preceding sentence. Moreover, you cient understands and ‘scknowledges thatthe Estimated Guidelines Range agroed toby the parties isnot binding on the Probation Office c the Court. Should the Court determine that a different guidlines range is applicable, your client will not be permitted to withdrew his guilty plea on that basis, andthe Government and your client will sil be bound by this Agreement. ‘Your client understands and acknowledges that the terms ofthis section apply only to conduct that occured before the execution ofthis Agreement. Should your cient commit any conduct aftr the execution ofthis Agreement that would form the bass for an increase in you client's base offense level or justify an upward departure (examples of which include, but are not limited to, obstruction of justice, fllure to appear for a court proceeding, criminal conduct while ‘pending sentencing, and false statements to law enforcement agents, the probation office, or tie ‘Court, the Governments free under this Agreement to sek an increase inthe baze offense level based Gn that poscagreement conduct. 5 nt. Allocution Based upor te information known tothe Government at the time ofthe signing ofthis ‘Agreement, the pats further agree tha a sentence within te Estimated Guidelines Range Page 3 of 10 ‘would constitute «reasonable sentence in light ofall ofthe factors set forth in 18 U.S.C. § '3553(a), should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. Reservation of Allocution ‘The Government and your clint reserve the right to describe fly, both orally and in -wriing,to the sentencing judge, the nature and seriousness of your elent’s misconduct, Including any misconduct not described in the cherges to which your cient is pleading guilty ‘The parties also reserve the right to inform the presentence report writer and the Court of any relevant facts, to dispute any fectual inaccuracies inthe presentece repo, and to contest {ny maters not provides for in his Agreement. In the event thatthe Court considers any Sentencing Guidelines adjustments, departures, of calculations different from any agreements contained inthis Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing fects listed in 18 U.S.C. §3553(), the partes reserve the right to answer any related inguiies from the Court. In addition if inthis Agreement the parties have ‘greed to recommend or refain from recommending tothe Court a particular resolution of any Sentencing isu, the parties reserve the right to fll allocution in eny post-sentece litigation “The pares retain the ull right of allocuton in connection with any postsentence mation which ‘may be filed in this matter and/or any proceeding() before the Bureau of Prisons. In alton, {your clint ecknowiedges thatthe Government isnot obligated and currently des not intend to file any post-sentence dovmvard departure motion in this case pursuant to Rue 35(6) ofthe Federal Rules of Criminal Procedure. 7. Court Not Bound by this Agroement or the Sen sidelines Your client understands that the sentence inthis case wil be imposed in accordance with 18 USC. §3553(a), upon consideration of the Sentencing Guidelines, Your sien further understands tha the sentence tobe imposed i a matter solely within the discretion ofthe Cour. ‘Your client acknowledges that the Cour isnot obligated to follow eny recommendation ofthe Goverment a the time of sentencing of fo grant a downward departure baseé on your ei substanal assistance tothe Government, even ifthe Government files a moti pursuant to Section SKI. ofthe Sentencing Guidelines. Your elient understands that nether the Government's recommendation nor the Sentencing Guidelines are binding onthe Court. ‘Your client acknowledges that your client's entry of a guilty plea to the charged offense authorizes the Court to impose any setence, up to and including the statutory maximum Sentence, which may be greater than the applicable Guidelines range, The Gevernment cannot, tnd doesnot, make any promise or representation as to wht sentence your client will receive “Moreover, its understood that your client wll have no right to withdrew your client's ples of auiltystould the Court impose a sentence thats outside the Guidelines range or ifthe Court ‘does nt follow the Governments sentencing recommendation. The Government and your client willbe bound by this Agreement, regardless ofthe sentence imposed by the Court. Any effort by yourelient to withdraw the guilty plea because of the length ofthe sentence shall constitute a breech of this Agreement. Page 4 of 10 8. Cooperation ‘Your client agrees to cooperate with tis Offic onthe follwing terme and conditions: (Your client shall cooperate fully, truthfully, completely, and forthright with this Office and other Federal, state and local law enforcement authorities Identified by this Office in ‘ny and all matters as to which this Office deems the cooperation relevant. Your elient ‘acknowledges that your clients cooperation may include, but wil rot necessarily be limited to: answering questions; providing sworn written statements; taking governmentadministered polygraph examinations); and participating in covert aw enforcerent activities. Any refusal by ‘your client to cooperate fll, tstfully, completely, and forthright as directed by this Ofice ‘and other Federal, state, and local law enforcement authorities identified by tis Office in any and all mates in which this Office deems your client’ assistance relevant wil constitute & ‘breach of this Agreement by your een, and wil relieve this Office of ts obligations under this Agreement, including, but no limited o, it obligation to inform ths Court of any assistance your client has povided. Your client agrees, however, tha such breach by your elient will not Constitute a basis for withdrawal of your clients plea of guilty oF otherwise relieve your client of ‘Your clients obligations under this Agreement (&) Your clint shall promptly tum over to this Office, or other law enforcement authorities, or direct such la enforcement authorities to, any and al evidence of erimes about ‘hich you een is aware; all contraband and proceeds of such erimes; and al assets traceable to the proceeds of such erimes. Your client agres tothe forfeiture of al essets which are roceeds of crimes or traceable to such proceeds of erimes, (©) Yourclient shall submit a fll and complete accountng ofall your client's financial assets, whether such assets ae in your eens name ori he name of «third party. (® Your client acknowledges and understands that, during the course ofthe ‘cooperation outlined in this Agreement, your client will be interviewed by law enforcement agents andor Government attomeys. Your client waives any right have counsel present ‘during thes interviews and agrees to meet with law enforcement agents and Government attomeys outside ofthe presence of counsel If, at some future poin, you ot your client desire to ‘have counsel present during interviews by law enforcement agents endlor Government attorneys, and you communicate tis decision in writing o this Offic, this Ofice wil honor this request, sand this change will hve no effect on any other terms and conditions ofthis Agreement. (©) Your client shall testy fully, completly nd tuthfily before eny and all Gand Juries inthe District of Columbia and elsewhere, and at eny ad all rials of eases or other court, ‘proceedings inthe Distr of Columbia and elsewhere, at which your client's testimony may be ‘deemed relevant by the Government. (Your client understands and acknowledges that nothing in this Agreement allows _your lien to commit any criminal violation of local, tate or federa! law uring the period of ‘your client's cooperation with law enforcement authorities or at anytime prior to the sentencing Page 5 of 10 inthis case. The commission of criminal offense during the period of your cles cooperation ‘rat eny time prior t sentencing wll constitute a breach ofthis Agreement and wil relive the ‘Goverment of al ofits obligations under this Agreement, ineluding, but not limited to, its ‘obligation to inform ‘his Court of any assistance your client has provides. However, your cent ‘Scknowiedges and agrees tat such a breach of this Agreement wll not entitle your client to ‘withdeaw your elient’s ple of guilty or elieve your client ofthe obligations unde this “Agreement (©) Yourslient grees thatthe sentencing in this ease may be delayed until your liens effort to cooperate have been comploted, as determined by the Government, so tht the Court wil have the tenefit of ll relevant information before a sentence is imposed. 9. Waters A Vonwe ‘Your lint waves any challenge to venue inthe Distt of Columbia B, Statute of Limitations ‘Your client agrees tha, should the conviction following your clients ples of guilty ‘pursuant to tis Agreement be vacated fr ny reason, any prosecution, based on the conduct set Forth in the attached Statement ofthe Offense, that snot time-barred by the applicable statute of limitations on the die of the signing ofthis Agreement (inluding any counts thatthe Government has epreed not to prosecute oo dismiss at sentencing pursuant otis Agreemen') may be commenced or reinstated agnnst your cen, notwithstanding the expiration of the statute of limitations between the signing of this Agreement andthe commencement or reinstatement of Such prosecution. Its the intent of this Agreement to waive all defenses based onthe statue of limitations with espect to any prosecution of conduct set forth inthe attached Statement ofthe Offense that snot time-barred on the date that this Agreement is signed. CTriat Rights ‘Your clint understands that by pleading guilty in his case your cent agrees to waive certain right afforded by the Constitution of the United States andor by statuteor rule. Your ‘ent egres to forgo the right to any Furie discovery or disclosures of information not already provided athe time ofthe entry of your liens guilty plea. Your client also agrees to waive, trnong other rights, he right tobe indicted by a Grand Jury, the right to plead not guilty, and the Fight to jury teal. [there were a jury ral, your elient would have the right tobe represented by counsel, to confront and cross-examine witnesses against your client, to challenge the dmissibility of evidence offered against you client, to compel witesss to appear forthe purpose of tenting end presenting other evidence on your client's behalf, and choose ‘whether to testify. IFthere were a jury til and your client chose otto testify al that tra, your Client would have the right to have the jury instructed that your clint’ flue to testify could hot be held agnnst your client, Your client would further have the right to have the jury ‘nsreted that your lent is presumed innocent until proven gully and thatthe burden would be Page 60f 10 ‘on the United States to prove your clients guilt beyond «reasonable doubt. If your lien were {ound guilty after @ tril, your elent would have the righ to appeal your client’ conviction, Your client understands thatthe Fifth Amendment to the Constitution of the United States protects your client fram the use of compelled self-neriminating statements ina criminal prosecution. By entering «ple of guilty, your client knowingly and voluntarily waives or gives up your elent's right against compelled selt-ncriminaticn, ‘Your client acknowledges discussing with you Rule 11(f ofthe Federal Rules of (Criminal Procedure and Rule 410 ofthe Federal Rules of Evidence, which ordinarily limit the ‘admissibility of statements made by a defendant in the ccurseof plea discussions or plea proceedings if guilty pea is later withdrawn. Your clint knowingly and voluntarily waives the Fights that arise under these rules in the event your eient widnrawvs your clients guilty plea or Withdraws from this Agreement after signing i. ‘Your client also agrees to waive al constitutional and statutory right toa speedy sentence and agrees thatthe plea of guilty pursuant to this Agreement willbe entered a time

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