Free Motion for Downward Departure Pursuant to 5K1.1 - District Court of Colorado - Colorado

Case 1:04-cr-00087-REB

Document 37

Filed 11/14/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00087-REB-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. SARA HUME, Defendant. MOTION FOR DOWNWARD DEPARTURE FOR SUBSTANTIAL ASSISTANCE The United States respectfully files this Motion for Downward Departure for Substantial Assistance pursuant to Section 5K1.1 of the United States Sentencing Guidelines. The parties

understand and agree that the federal sentencing guidelines are advisory in nature and their application is not mandatory. In

support of this Motion, the United States states the following: I. Procedural History On February 26, 2004, a one count information was filed in U.S. District Court fo the District of Colorado charging this defendant with False Books and Records and Aiding and Abetting, in violation of 15 U.S.C. §§ 78m(b)(2)(A) and (b)(5), 15 U.S.C. § 78ff, 17 C.F.R. §240.13b2-1, and 18 U.S.C. § 2. On April 29,

2004, the defendant entered a plea of guilty to the one count information before this Honorable Court. The plea agreement,

which is a document of record in this case, contemplated that the

Case 1:04-cr-00087-REB

Document 37

Filed 11/14/2006

Page 2 of 5

United States would file a Motion for Downward Departure because of substantial assistance. This motion fulfills that obligation.

II.

Description of Hume's Cooperation Proffer Sessions Sara Hume, represented by counsel, meet with representatives

of the United States on nine occasions to be debriefed and otherwise supply information. The first meeting took place on She provided

September 4, 2001 and the last on June 9, 2005.

extensive information regarding her own actions, the actions of other Vari-L employees, and the knowledge of others. session, she was cooperative and forthcoming. In each

She admitted her

own involvement in the ongoing accounting fraud and thoroughly described the participation of others. She identified and

described incidents and witnesses that were not previously known to the government. As a result, the government was able to She also provided

obtain the cooperation of other witnesses.

corroboration of some facts already related to the government by other witnesses. Because she was closely associated with highly

placed corporate officers, she was able to provide insight into their actions, much of which was based upon direct conversations, overhears of conversations and observations.

Case 1:04-cr-00087-REB

Document 37

Filed 11/14/2006

Page 3 of 5

III. Value of Hume's Cooperation Sara Hume's cooperation was both substantial and timely. She was the first individual to make the decision to cooperate and her cooperation got the ball rolling on this investigation. She primarily provided information on the actions and activities of then president, David Sherman. Her cooperation was both

important and instrumental in obtaining an indictment of David Sherman. Recommendation The plea agreement and the Presentence Investigation Report ("PSR") contemplate an adjusted offense level of 13 with a criminal history category of I. These computations merit a

guideline range of 12-18 months of incarceration. The plea agreement further contemplates a motion by the United States for Downward Departure pursuant to Section 5K1.1 of the federal sentencing guidelines to an adjusted offense level of 10. The United States respectfully requests that this Honorable Court grant the Motion for Downward Departure, find an adjusted offense level of 10 (Zone B) and a corresponding guideline range of 6-12 months. The United Stats does not object to a sentence

of probation with a condition of home detention, the length of each to be determined by the Court. WHEREFORE, the United States respectfully requests that this Honorable Court grant this motion and sentence this defendant as discussed herein.

Case 1:04-cr-00087-REB

Document 37

Filed 11/14/2006

Page 4 of 5

Respectfully submitted, TROY A. EID United States Attorney

by: s/ Robert E. Mydans ROBERT E. MYDANS Assistant United States Attorney 1225 - 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0402 E-mail: [email protected] Attorney for the Government

by: s/ Patricia Davies PATRICIA DAVIES Assistant United States Attorney 1225 - 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0402 E-mail: [email protected] Attorney for the Government

Case 1:04-cr-00087-REB

Document 37

Filed 11/14/2006

Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that on this 14th day of November, 2006 I electronically filed the foregoing MOTION FOR DOWNWARD DEPARTURE FOR SUBSTANTIAL ASSISTANCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Stanley Marks [email protected] A copy of the Motion was e-mailed to: Grant Hanson U.S. Probation Department [email protected] s/ Charlotte A. Seaton CHARLOTTE A. SEATON Legal Assistant to Robert E. Mydans U.S. Attorney's Office 1225 - 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0244 Fax: (303) 454-0402 E-mail: [email protected]