Free Plea Agreement - District Court of Delaware - Delaware

. Case 1 :06-cr-00138-GIVIS Document 29 Filed 10/23/2007 Page 1 ot 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. ) Criminal Action No. 06-138-GMS
YAVOR DELCHEV STOEV, g
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by Colm F. Connolly, United
States Attorney for the District of Delaware, and Edmond Falgowski, Assistant United States Attorney
for the District of Delaware, and the defendant, Yavor Delchev Stoev, by and through his attorney,
Edson A. Bostic, Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant agrees to plead guilty to Count Three of the Indictment, charging the
defendant with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371, which carries a
maximum penalty of 5 years imprisonment, a $250,000 fine, 3 years supervised release, and a $100
special assessment.
2. The United States agrees to move to dismiss Counts One and Two of the Indictment at or
about the time of sentencing.
3. The defendant understands that if there were a trial, the Government would have to prove
the following elements with respect to Count Three of the Indictment: (a) that two or more persons
conspired, or agreed, to commit the crime of wire fraud; (b) that the defendant knowingly and
voluntarily j oined the conspiracy; © that one ofthe conspirators thereafter knowingly committed at least

Case 1:06-cr-00138-GIVIS Document 29 Filed 10/23/2007 Page 2 of 3
one of the overt acts charged in Count Three of the Indictment; and (d) that such overt act was
knowingly done in furtherance of some object or purpose of the conspiracy, as charged.
4. The defendant tmderstands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553(a) in determining an appropriate
sentence. At this stage (prior to the preparation ofthe pre—sentence report), the defendant should expect
that the Govemment will recommend that the Court impose a sentence consistent with the sentencing
range set forth bythe 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 attorney or the United States, the defendant will not
be allowed to withdraw his guilty plea on that basis.
5. Provided that the United States Attorney does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, at sentencing, (a) the United States agrees not
to contest a reduction under USSG § 3E1,1(a) based on the defendant’s conduct to date; and (b) if the
Court determines that the defendant’s offense level is 16 or higher, the United States agrees to move
for a three level reduction under USSG § 3El .l(b) 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 volturtarily enter the United States Bureau of Prisons’
administered program known as the Inmate Financial Responsibility Program through which the Bureau
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Case 1:06-cr-00138-GIVIS Document 29 Filed 10/23/2007 Page 3 of 3
of Prisons will collect a portion ofthe defendant’s prison salary and apply it on the defendant’s behalf
to the payment of the outstanding debt ordered.
7. The defendant agrees to forfeit to the United States all interests he may have in all computer
hardware, software, and digital storage media seized from him by Federal Bureau of Investigation
agents dining the execution of a search warrant at his residence on or about October 26, 2006.
8. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe modified only
in writing 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 have no effect whatsoever, unless they comport
with the subsequent written modification requirements of this paragraph.
COLM F. CONNO
United tate tt y
By: ‘
Edson A. Bostic, E uire Edmond Falg ski
Attorney for Defendag Assistant Uni ed S ates Attorney
Yavor Delchev Stoev
Defendant
Dated: /0 ~ ,2/; " 07
3-rd
AND NOW, this _);_ day of O , 2007, the foregoing Memorandum of Plea Agreement
is hereby (accepted) (rq-ected) by this Court
ON BL GRE ORY M. SLEET
Chief Judge, United States District Court Judge
F I L E D
OCT 2 3 200/ l 3
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