Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00013-SLB Document 67 __ji};<;%5g6/20% Cgjgil of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Piaimirr, Z
v. Criminal Action No. 07-13-SLR
MICHAEL Form, B
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by Colm F. Connolly,
United States Attomey for the District of Delaware, and Beth Moskow-Schnoll, Assistant United
States Attorney for the District of Delaware, and the defendant, Michael Ford, by and through his
attomey, Elayne C. Bryn, Esquire, the following agreement is hereby entered into by the respec-
tive parties:
1. The defendant, Michael Ford, agrees to plead guilty to Count Seven of the
Indictment. Count Seven charges the defendant with conspiracy to commit wire fraud in
violation of 18 U.S.C. § 1343, all in violation of 18 U.S.C. § 371, which, pursuant to 18 U.S.C.
§ 1349, carries a maximum penalty of 20 years imprisonment, a $250,000 fine, 3 years
supervised release and a $100 special assessment.
2. The defendant understands that if there were a trial, the government would have to
prove the following elements with respect to Count Seven of the Indictment: (a) that two or more
persons agreed to commit the crime of wire fraud in violation of 18 U.S.C. § 1343; (b) that the
defendant knowingly and voluntarily joined the conspiracy; and (e) that a member of the

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conspiracy did one of the overt acts described in the indictment for the purpose of advancing or
helping the conspiracy.
3. The defendant knowingly, voluntarily, and intelligently admits the following facts:
(a) during the relevant time period, and continuing until February 23, 2006, Annabelle Luna, the
defendant’s acquaintance, was an office manager for Access Labor; (b) on or about September 2,
2005, Annabelle Luna added the defendant, who did not work for Access Labor, to the weekly
payroll list emailed to Access Labor’s payroll company; (c) in this way, the defendant was issued
and cashed 14 fraudulent Access Labor paychecks totaling $10,166.83; and (d) after receiving
and cashing each fraudulent paycheck, the defendant returned a portion of the proceeds to
Annabelle Luna.
4. The defendant understands that the District Cou1·t must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation of the pre-sentence report), the
defendant should expect that the Government will recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines. The defendant
understands, however, that the ultimate determination of an appropriate sentence will be up to the
sentencing judge. The Court may impose a sentence which exceeds, falls below, or is contained
within the sentencing range prescribed by the sentencing guidelines. The defendant expressly
acknowledges that if the Court imposes a sentence outside the range set forth in the sentencing
guidelines, or otherwise different than the defendant expected, or contrary to the recommendation
of his attomey or the United States, the defendant will not be allowed to withdraw his guilty plea
on that basis.
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5 . Provided that the United States Attomey does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, at sentencing, the United States
agrees not to contest a reduction under USSG §3El.l(a) based on the defendant’s conduct to
date.
6. The defendant agrees to pay the $100 special assessment at the time of sentencing.
Should he fail to do so, the defendant agrees to voluntarily 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 of the outstanding debt ordered.
7. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing cou1t’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. The defendant understands and agrees that if the Court decides not to follow any
stipulation or recommendation in this Memorandum of Plea Agreement, or if the defendant does
not receive the benefits he expects from any such stipulation or recommendation, the defendant
may not withdraw his guilty plea on that basis.
8. It is further agreed by the 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 document signed by all the parties; and that any and all promises,
representations and statements made prior to or after this Memorandum are null and void and
/ / / /
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have no effect whatsoever, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
W BY: M ZE C4? Ci Li
Michael Ford Beth Moskow-Schnoll
Defendant Assistant United States Attorney
Elayne C. ryn
Attorney for Defendant
Dated: Q /26, /0 7
AND NOW, thisiiioday of gg; , 2007, the foregoing Memorandum of
Plea Agreement is hereby ccept • (rejected) by this Court.
BONORABLEQUE L. ROBINSON
Chief United States District Court Judge
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