Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. — ) - Criminal Action No. 07-32-JJF
IEFFERY C. WILLIAMS, ) A
Defendant. g
MEMORANDUM OF PLEA AGREEMENT A
Pursuant to discussions between the United States of America, by and through its attorneys, Colm
F. Connolly, United States Attorney for the District of Delaware, and Edmond Falgowski, Assistant
United States Attorney, and Edmund D. Lyons, Jr., Esquire, attorney for the Defendant, Jeffrey C.
Williams, the following memorandum of plea agreement (hereinafter the "agreement" or
"Memorandum") is hereby entered into by the respective parties:
1. The Defendant agrees to waive indictment by grand jury and to plead guilty to a one count
Information, which charges the Defendant with knowingly stealing funds in excess of $5,000 owned
by and under the care, custody and control of a management company, an organization within the
meaning of Title 18, United States Code, Section 666(a) and (b), in violation of Title 18, United States
Code, Section 666(a)(1)(A). The essential elements of the offense, each of which the Government
would have to prove beyond a reasonable doubt at trial, are: (i) the management company was an
organization that received federal funds in excess of $10,000 during the calendar year 2005 , (ii) the
Defendant was an agent ofthe management company, in that the Defendant was the property manager l
of apartment complexes managed by the management company; and (iii) the Defendant intentionally
stole property valued at $5,000 or more and owned by or under the car?
management company. ,ixP·El 1 {5 EQU? in
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Case 1:O7—cr-00032-JJF Document 5 Filed O4/16/2007 Page 2 of 3
2. The maximum penalties for Count One of the Information are ten years imprisonment, a
$250,000 fine, a term of three years of supervised release, restitution, and a $100 special assessment.
3. The Defendant agrees to pay the special assessment of $100 at or before the time of
sentencing. lf the Sentencing Court imposes a sentence that includes a term of imprisonment, and if
the Court orders the payment of any fine as part of the Defendant’s sentence, the Defendant agrees
voluntarily to enter the United States Bureau of Prisons administered program known as the Inmate
Financial Responsibility Program through which the Bureau of Prisons will collect a portion of the
Defendant’s prison salary and apply it on the Defendant’s behalf to the payment ofthe outstanding debt
ordered. 0
4. The Defendant understands that at sentencing, the District Court must consider the United
States Sentencing Guidelines and take them into account in exercising its discretion to determine the
appropriate sentence and must also consider the other factors bearing on an appropriate sentence stated
in Title 18, United States Code, Section 3553(a). The Defendant recognizes that the final-determination
of the Defendant’s sentence will be made by the Court. The Defendant further understands that the
Court is not bound by any stipulations or recommendations of the parties. The Defendant agrees that
he will not be allowed to withdraw his guilty plea because the Court calculates the guidelines differently
than he expects, or imposes a sentence greater than what he expects, or imposes a sentence contrary to
any stipulation of the parties or recommendation of his attorney.
5. Based on information known by the Government to date, at the time of sentencing the
Government agrees to move for a three (3) level reduction in the offense level for the ‘Defendant’s
affirmative acceptance of responsibility under U.S. Sentencing Guideline Section 3El .1, if the offense
level is sixteen (16) or above; otherwise, the Govermnent will recommend a two (2) level reduction in
the offense level pursuant to U.S.S.G. §3El.l. The Government will make this motion because the
Defendant has timely notified authorities of his intention to enter a plea of guilty, thereby allowing the
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» Case 1:O7—cr-00032-JJF I Document 5 Filed O4/16/2007 Page 3 of 3 _
Government to avoid preparing for indictment and trial and permitting the Court to allocate its resources
efficiently.
6. The Defendant acknowledges that the Court can order restitution at the $9,439 loss
referenced in the Information. The Defendant further acknowledges that the Govermnent believes the
actual losses are closer to approximately $40,000, and that at sentencing the Government will argue that
the Sentencing Guidelines be calculated accordingly. The Defendant agrees that the Court can order
restitution for all losses the Court deems "relevant conduct," pursuant to U.S.S.G. § lBl .3, even if that
figure is greater than the loss specified in the Information.
7. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements of the undersigned parties; that this Memorandum may be
modified only in a written agreement executed by all the undersigned parties, and that any and all
promises, representations, and statements made prior to or after this Memorandum are null and void and
have no effect whatsoever. `
SEE EO CY 3
T; · B ,j' *4.
Edmund D. Lyon , ., squire Edmond algo
endant Assistant Unit States Attorney
*4, ./ · .
Jef y illiams
Defenda t -
Dated:(·- ’
AND NOW this / é day of , 2007, the foregoing
Memorandum of Plea Agreement is hereby Y ccepted y the Court.
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HQ · L J. FARNA gg, .
Uni • tates District Court
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