Beruflich Dokumente
Kultur Dokumente
PLEA AGREEMENT
PLEA
The defendant agrees to (i) plead guilty to COUNT ONE of the Information
filed in the above numbered and captioned matter, (ii) consent to an order of
forfeiture as described below; and (iii) pay restitution in the amount of at least
exchange, the United States Attorney, acting on behalf of the Government and
through the undersigned Assistant United States Attorney, agrees to recommend the
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I. MAXIMUM PUNISHMENT
The defendant understands that the maximum statutory punishment that may
be imposed for the crime of Wire Fraud, in violation of Title 18, United States Code,
(SCCH) registered with the Alabama Secretary of State and began operating as a
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President of SCCH. At all times relevant to this case, RUSERT did not hold a
Alabama. This revocation was the result of RUSERT's previous conduct with his
RUSERT.
advertised and engaged in soliciting individuals and families to hire SCCH to build
their custom residential home. Between 2016 and 2018, RUSERT engaged in a
fraudulent scheme to obtain money from individuals and/or families to build them a
custom home. It was part of the scheme and artifice that the defendant, RUSERT,
recruited individuals and families to sign a contract and use SCCH and specifically
individuals and families to pay SCCH and RUSERT a down payment. During the
time that RUSERT was recruiting individuals and/or families to hire RUSERT and
SCCH, RUSERT knew that he was accepting checks and down payments from
individuals and/or families and using the proceeds on unrelated projects, outstanding
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individual victim with initials E.S.L. RUSERT caused E.S.L. 's check number
867657 in the amount of $71 ,909.07 to be deposited into the SCCH bank account
RUSERT, E.S.L.'s lot was cleared and gravel was delivered and spread on the lot.
Shortly after that all construction work stopped. No workers ever returned. E.S.L.
was later contacted by the company that delivered the gravel, and the company filed
a $2,000 lien against her property because RUSERT never paid for the gravel.
RUSERT later admitted to E.S.L. that he did not have any of E.S.L. 's money
because he spent it building someone else's home. E.S.L. is one of at least sixteen
different individuals and/or families that paid money to RUSERT for the purpose
of SCCH and RUSERT building a custom home, but RUSERT failed to use the
RUSERT assisted individuals and families with obtaining a loan to finance the
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construction of their custom home. After assisting individuals and families with
obtain checks or draws from the construction loans purportedly to pay for materials,
labor and/or expenses associated with their particular home under construction.
RUSERT on many occasions failed to use and apply the money obtained from
construction loans include, but is not limited to, the following examples. In March
no record of being contracted to nor treating that particular new home construction
address. RUSERT fraudulently used the money obtained from individuals, families
and financial institutions to pay for debt and other personal expenses. RUSERT also
provided SCCH invoices to at least two customers that purported to be for kitchen
cabinets, which were then submitted to BancorpSouth to obtain a draw from the
customers' construction loans. Both customers have never received the kitchen
cabinets and their respective home construction never progressed to the point of
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on the framing package and a $9,000 invoice for a deposit on material costs for the
customer's respective home. These invoices were used to support RUSERT and
SCCH receiving a draw from the construction loan. Despite receiving the
construction loan draw, RUSERT never completed any work on the customer's
respective home.
The parties stipulate that the loss amount for guidelines associated with
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
do not constitute all of the evidence of each and every act that the defendant
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following disposition:
admit to each and every item in the factual basis; (b) denies
criminal conduct between the date of this agreement and the date of
sentencing; or (g) attempts to withdraw the plea of guilty for any reason
(b) That the defendant be remanded to the custody of the Bureau of Prisons
and incarcerated for a term consistent with the United States Sentencing
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sentence is pronounced;
(c) That following the term of imprisonment imposed by the court, the
(d) That the defendant be required to pay a fine in accordance with the
accordance with his ability to pay, in full by the expiration of the term
of supervised release;
(e) That the defendant agrees to the entry of an order of forfeiture in the
Forfeiture; and
(f) That the defendant be required to pay restitution to the victim in the
sentence is pronounced;
(g) That the defendant pay a special assessment fee of$100.00 said amount
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conviction and/or sentence in this case, as well as any fines, restitution, and
forfeiture orders, the court might impose. Further, I waive and give up the
sentence, any fines, restitution, and forfeiture orders were determined in any
maximum sentence(s);
imposed; and
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the defendant's case with the defendant's attorney, who explained them to the
that the government retains its right to appeal where authorized by statute.
below to signify that I fully understand the foregoing paragraphs, and that I
JEFF
Defendant's counsel has explained to the defendant, that in light of the United
States Supreme Court's decision in United States v. Booker, the federal sentencing
longer required to be within the guideline range. The defendant agrees that,
pursuant to this agreement, the court may use facts it finds by a preponderance of
the evidence to reach an advisory guideline range, and defendant explicitly waives
any right to have those facts found by a jury beyond a reasonable doubt.
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The defendant fully and completely understands and agrees that it is the
Court's duty to impose sentence upon the defendant and that any sentence
that the Court is not required to accept the government's recommendation. Further,
the defendant understands that if the Court does not accept the government's
recommendation, the defendant does not have the right to withdraw the guilty plea.
The defendant understands that should the defendant move the Court to accept
the defendant's plea of guilty in accordance with, or pursuant to, the provisions of
North Carolina v. Alford, 400 U.S. 25 (1970), or tender a plea of nolo contendere to
the charges, this agreement will become NULL and VOID. In that event, the
condition of pretrial release or violate any federal, state, or local law, or should
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make the recommendations set forth in paragraph III of the Agreement, but
The defendant understands and agrees that this agreement DOES NOT BIND
any other United States Attorney in any other district, or any other state or local
authority.
connection with this prosecution, the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control,
directly or indirectly, including those held by a spouse, nominee or other third party.
The defendant also will promptly submit a completed financial statement to the
United States Attorney's Office, in a form that it provides and as it directs. The
defendant also agrees that the defendant's financial statement and disclosures will
be complete, accurate, and truthful. Finally, the defendant expressly authorizes the
United States Attorney's Office to obtain a credit report on the defendant in order to
evaluate the defendant's ability to satisfy any financial obligation imposed by the
Court.
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As part of the defendant's plea agreement, the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts. The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendant's range of punishment
under the advisory sentencing guidelines. The defendant admits that all of the
crimes listed in the factual basis are part of the same acts, scheme, and course of
conduct. This agreement is not meant, however, to prohibit the United States
Probation Office or the Court from considering any other acts and factors which may
provisions providing for the dismissal of any counts, the defendant agrees to pay any
appropriate restitution to each of the separate and proximate victims related to those
acknowledges that this agreement does not apply to or in any way limit any pending
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respect to his immigration status if he is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the offense(s)
understands that no one, including his attorney or the district court, can predict to a
consequences that he plea may entail, even if the consequence is his automatic
XIII. FORFEITURE
forfeiture against him with respect to the property set out in the forfeiture notice in
the Information which represents materials used in the commission of the offense -
alleged in the COUNT ONE of the Information and to which he is indicating his
desire to plead guilty by way of this written Plea Agreement. More specifically, the
defendant consents to the immediate entry of a forfeiture money against him in the
described above.
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that the property to be forfeited was used to commit the criminal offenses to which
the defendant is pleading guilty. The defendant further acknowledges that the
government is authorized under law to seek the forfeiture of any and all assets of the
defendant as substitute assets for the purpose of satisfying the forfeiture judgment
The defendant agrees to waive any Double Jeopardy challenges that he may
have to the entry of a Forfeiture Order before sentencing. The defendant agrees to
waive any claims, defenses or challenges arising under the Excessive Fines Clause
of the Eighth Amendment resulting from the forfeiture imposed as a result of this
actions based upon the course of conduct that provides the factual basis for the
forfeiture.
The defendant hereby waives the requirements of Fed. R. Crim. P. 43(a) with
respect to the imposition of any forfeiture sanction carried out in accordance with
this Plea Agreement, and further agrees to not contest or challenge in any manner
(including direct appeal, habeas corpus, or any other means) such forfeitures on any
fine or punishment.
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eighteen pages. I have discussed the case and my constitutional and other rights
continue to plead not guilty, to a trial by jury, to the assistance of counsel at that trial,
I further state that I have not had any drugs, medication, or alcohol within
to the Parties only after all necessary signatures have been affixed hereto.
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Agreement and have signed the signature line below to indicate that I have read,
understand, and approve all of the provisions of this Agreement, both individually
f/8/<:2019
/DATE JEFFR
Defendant
I have discussed this case with my client in detail and have advised my client
of all of my client's rights and all possible defenses. My client has conveyed to me
that my client understands this Agreement and consents to all its terms. I believe
the plea and disposition set forth herein are appropriate under the facts of this case
and are in accord with my best judgment. I concur in the entry of the plea on the
Defendant's Counsel
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I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests of justice.
JAYE. TOWN
United States Attorney
~ \ 1A-,'2-0~~
DATE ROBIN B. MARK
Assistant United States Attorney
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