Back to DC Public Schools main page
Government and People
Re: Michael Martin
This letter sets forth the full and complete plea offer to your client, Mr. Michael Martin. This offer is binding only upon the Criminal Division of the United States Attorney's Office for the District of Columbia (sometimes referred to hereinafter as "the United States," "the government," or "this Office"). This plea offer will expire today. Upon receipt, the executed letter will itself become the plea agreement. The terms of the offer are as follows:
Charges: Mr. Martin agrees to waive indictment and to plead guilty to a one-count information changing conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). It is understood that the guilty plea will be based on a factual admission of guilt to the offense charged to be made before the Court by Mr. Martin and will be entered in accordance with Rule I 11(c)(1)(B) of the Federal Rules of Criminal Procedure. Mr. Martin agrees that the attached "Statement of the Offense" fairly and accurately describes Mr. Martin's actions and involvement in the conspiracy. It is anticipated that during the Rule 11 plea hearing, Mr. Martin will adopt and sign the Statement of the Offense as a written proffer of evidence.1. Potential penalties, assessments, and on: Mr. Martin understands that the maximum sentence that can be imposed is 20 years imprisonment, a fine of $500,000, or a fine of twice the pecuniary gain or loss pursuant to 18 U. S. C. § 3571(d), a $100 special assessment, a 3-year term of supervised release, an order of restitution, and an obligation to pay any applicable interest or penalties on fines or restitution not timely made. Notwithstanding the maximum sentence, Mr. Martin understands that the sentence to be imposed in this case will be determined in accordance with the guidelines and policies promulgated by the United States Sentencing Guidelines
Commission, 'defines Manual (2001) (hereinafter "Sentencing Guidelines"). Mr. Martin understands that this sentence, including the applicable sentencing guideline range, will be determined solely by the Court, and the government cannot and. does not make any promises, representations or predictions regarding what sentence the Court will impose. Mr. Martin further understands that if the Court imposes a sentence greater than that provided in the. Sentencing Guidelines range as determined by the Court, ox which is in any other way unsatisfactory to ham, he cannot withdraw his guilty plea.
2. Federal Sentencing Guidelines: The parties agree that the following Guideline calculations apply:
3. Financial Arrangements: Mr. Martin agrees that prior to or at the time of the sentencing, he will deliver to the Clerk's Office, United States District Court, a certified check in the amount of $100.00, to cover the special assessment, as required in Title 18, United States Code, Section 3013. Mr. Marten also agrees to provide a full and complete accounting of all assets, real or tangible; held by him or in any other name for his benefit, anal, to that cad, to submit a standard Form. 500 (Financial Statement of Debtor).
4. Cooperation: Mr. Martin agrees to cooperate completely, candidly, and truthfully in the investigation by this Office and federal, state, and local law enforcement agencies. Specifically, Mr. Martin agrees:
5. Government Concessions: It exchange for his guilty plea, the government agrees not to oppose Mr. Martin's release pending sentencing; agrees not to oppose a -3-level adjustment for acceptance of responsibility pursuant to Sentencing Guidelines, Section 3E1. I (b), agrees not to seek upward adjustments or departures from, the Sentencing Guidelines calculation set forth in Paragraph 2 above, agrees not to oppose Mr. Martin's voluntary surrender to commence serving any sentence which is imposed, provided that Mr. Martin continues to show his acceptance of responsibility by: (a) cooperating with the presentence report writer (including answering all, material questions truthfully and providing all financial information requested); (b) cooperating fully and truthfully with the court in any proceeding arising from this matter; (c) complying with the other provisions of this agreement; and (d) abiding by the conditions set for his. release by the Court. Also, subject to other paragraphs in this agreement, the United States will not bring any additional criminal charges against Mr. Martin in the United States District Court in the District of Columbia or the Superior Court of the District of Columbia for the fraud and corruption outlined in the Information.? this agreement not to prosecute Mr. Martin does not extend to federal or local crimes of violence as those terms are defined in 1$ U.S.C. § 1, 6. and D.C. § 23-1331(4). It is understood that the United States has no evidence, as of the date of this agreement, of any crimes of violence involving Mr. Martin.
6. Departure Committee: At the time of Mr. Martin's sentencing, the United States will advise the sentencing judge and the probation office of the full nature, extent, and 'value of the cooperation provided by Mr. Martin to the United States. In addition, before sentencing, the United States will inform the Departure Committee of the United States Attorney's Office for the District of Columbia of the full nature, extent and value of the cooperation provided by Mr. Martin to the United States. If the Departure Committee determines that Mr. Martin. has provided substantial assistance in the investigation or prosecution of another person or entity that has committed any offense, then this Office will file a motion pursuant to $ 5K1.1 of the sentencing guidelines. Mr. Martin understands that the determination of whither he has provided "substantial assistance" is within. the sole discretion of the United States Attorney for the District of Columbia. Mr. Martin, further understands that the failure of this Office to file a "substantial assistance" departure motion is not a ground for him to move to withdraw his plea of guilty in this case.
7. Court is not bound: Mr. Martin understands that the Court is not obligated to follow any recommendation of the government at the time of sentencing arid that the final decision regarding his bond status. or detention will be made by the Court at the time of his plea of guilty. The Court's decision in these regards are tot grounds for withdrawal from this agreement.
8. Reservation of Allocution: The United States reserves allocution, including, among other things, the right: to inform the presentence report writer of any relevant facts; to dispute factual inaccuracies in the presentence report and to contest any matters not provided for in this plea agreement; to set forth at sentencing and at any proceedings before the Bureau of Prisons all of its evidence with respect to all of Mr. Martin's criminal activities, subject to the provisions of tile following paragraph.
9. The United States and Mr. Martin hereby agree that since Mr. Martin has agreed to cooperate with the United States, information provided by Mr. Martin shall not be held against him for purposes of calculating his sentence (See Sentencing Guidelines Section 1B1.8), and will not otherwise be used against him, except as follows:
a. information that was known to the United States prior to the date this plea agreement was agreed to by Mr. Martin may be used directly and indirectly against Mr. Martin in any criminal proceeding;
10. 1f in this plea agreement the Government has agreed to recommend or refrain from recommending to the sentencing judge a particular resolution of any sentencing issue, the Government reserves the right to full allocution in any post-sentence litigation in order to defend the sentencing judge's ultimate decision on such issues.11. Breach of Agreement: If Mr. Martin fails to make a. complete, truthful, and candid disclosure of information to federal law enforcement officers government attorneys; and grand juries conducting this investigation, or to the Court, and/or if he commits any further crimes, or attempts to withdraw the plea, the United States will have the right to characterize such conduct as a breach of this plea agreement. If during this investigation or prosecution Mr. Martin should commit perjury, knowingly give any false statement, commit any act of contempt, or obstruct justice, the United States may prosecute him for these offenses to the fullest extent provided bylaw. In. the event of a breach, (a) the United States will be free from its obligations under the agreement and may take whatever position it believes appropriate as to the sentence and the conditions of Mr. Martin's release (for example, should your client commit any conduct after the agreement that would form the basis for an use in your client's offense level or justify an upward departure -- examples of which include but are not limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while pending sentencing, and false statements to law agents, the probation officer or Court -- the Government is free under this agreement to seek an increase an increase in the offense level based that post-agreement conduct); (b) Mr. Martin will not have the right to withdraw the guilty plea; (c) Mr. Martin shall be fully subject to criminal prosecution for any other crimes which he has committed or might commit, if any, including perjury and obstruction of justice; and (d) the United States will be free to use against Mr. Martin, directly and indirectly, in any criminal or civil proceeding any of the information or materials provided by him pursuant to this cooperation agreement. Any such prosecutions of the defendant not time-barred by the applicable statute of limitations on the date of the signing of this agreement may be commenced against the defendant in accordance with this paragraph, notwithstanding the running of the applicable statute of limitations before the commencement of such prosecutions. Mr. Martin knowingly and voluntarily agrees to waive any and all defenses based on the statute of limitations for any prosecutions commenced pursuant to the provisions of this paragraph.
12. Ins the event of a dispute as to whether Mr. Martin has knowingly given materially false, incomplete or misleading information in fulfilling the terms of his cooperation agreement or whether Mr. Martin has knowingly committed any other material breach of this agreement, and if the United States wants to exercise its rights under this agreement, and if Mr. Martin so requests, the matter shall be submitted to the Court and shall be determined by the Court in an appropriate proceeding at which Mr. Martin's disclosures and documents shall be admissible and at which time the United States shall have the burden to establish the same by a preponderance of the evidence.
13. Presence of Counsel: At all briefing and interviewing sessions conducted by investigators and/or attorneys for the government, Mr. Martin shall be entitled to the presence, advice, and assistance of counsel, unless waived.
14. USAO's Criminal Division: Mr. Martin understands that this agreement is binding only upon the Criminal Division of the United States Attorney's Office for the District of Columbia. This does not bind the Civil Division of this Office or any other United States Attorney's Office. Nor does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax, or administrative claim pending or that maybe made against Mr. Martin.
15. Waiver of Appeal: Mr. Martinis aware that federal law, specifically 18 U.S.C. § 3742, . affords him the right to appeal his sentence. Mr. Martin is aware that the parties' calculation of the sentencing range under the Sentencing Guidelines is not a promise of the sentence to be imposed on him and is not binding on the Judge. Knowing that, Mr. Martin waives the right to appeal his sentence or the manner in which it was determined pursuant to 18 U.S.C. § 3742, except to the extent that (a) the Court sentences Mr. Martin. to a period of imprisonment longer than the statutory maximum or (b) the Court departs upward from, the applicable Sentencing Guideline range pursuant to the provisions of U.S.S.G. §§ 5K2. Further, Mr. Martin reserves his right to make a collateral attack upon his sentence pursuant to 28 U.S.C. § 2255 if new and currently unavailable information becomes mown to him. In agreeing to this Waiver, Mr. Martin is aware that his sentence has not yet been, determined by the Judge. Realizing the uncertainty in estimating what sentence the Judge will ultimately impose, Mr. Martin knowingly and willingly waives his right to appeal the sentence, to the extent noted above, in exchange for the concessions made by the United States in this agreement. See In re Sealed Case, 283 F.3d 349,355 (D.C. Cir.), cert. denied. 123 S. Ct. 158 (2002).16. Complete Agreement: No other agreements, promises, understandings or representations have been made by the parties or their counsel than those contained in writing herein, nor will. any such agreements, promises, understandings, or representations be made unless committed to writing and signed by Mr. Martin, Mr. Martin's counsel and an Assistant United States Attoney for the Distract of Columbia.
If the foregoing terms and conditions are satisfactory, Mr. Martin may indicate his assent by signing the agreement in the space indicated below and returning the original to us once it has been signed by Mr. Martin and his counsel.Sincerely yours,
ROSCOE C.. HOWARD, JR.
UNITED STATES ATTORNEY
ANTHONY M. ALEXIS
I have read this plea agreement and have discussed it with my attorney, Vandy L. Jamison, Jr., Esquire. I fully understand this agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to ante nor am I under, the influence of anything that could impede my ability to understand this agreement fully. I am pleading guilty because I am in fact guilty of the offenses) identified in paragraph one.
I reaffirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in this plea agreement. I am satisfied with the legal services provided by my attorney in connection with this plea agreement and matters related to it.Date: 03-27-03
I have read each of the pages constituting this plea agreement, reviewed them with my client, and discussed the provisions of the agreement with my client, fully. These pages accurately and completely sets forth the entire plea agreement. I concur in my client's desire to plead guilty as set forth in this agreement.
Vandy L. Jamison, Jr., Esquire
STATEMENT OF OFFENSE
Back to top of page
Send mail with questions or comments to email@example.com
Web site copyright ©DCWatch (ISSN 1546-4296)