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, ) S
Plaintiff, )
v. ) Criminal Action No. 08-13-JJF
KATIE C. SINCLAIR, )
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
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 Robert F. Kravetz,
Assistant United States Attomey, and the defendant, Katie C. Sinclair, by and through her attorney,
Keir Bradford, Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant agrees to waive indictment and plead guilty in the United States District
Court for the District of Delaware to Count One of a Felony Information. Count One charges the
defendant with forgery of the signature of a Judge of a Court of the United States, in violation of
Title 18, United States Code, Section 505. The maximum penalties for Count One are tive years
imprisonment; a $250,000 fine; a term of supervised release of three years; and a $100.00 special
assessment.
2. In order to prove that the defendant forged the signature of a Judge of a Court of the
United States, the government must prove beyond a reasonable doubt: (1) the defendant forged the
signature of a judge of a Court of the United States; (2) for the purpose of authenticating any
proceeding or document; (3) knowing such signature to be false or counterfeit.

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3. In connection with the parties’ agreement, the defendant admits that she created a false
document entitled "Discharge of Debtor Before Completion of Chapter 13 Plan." The defendant
acknowledges that she knowingly forged and affixed the signature of E. Stephen Derby, United
States Bankruptcy Judge for the District of Maryland, onto the document. The defendant further
admits that she faxed the counterfeit form containing the forged signature fiom Newark, Delaware,
to Lexington, Massachusetts, in connection with an attempt to convince a property owner that the
defendant and her husband were no longer in Chapter 13 Bankruptcy proceedings. The defendant
acknowledges that she was aware at the time that she forged Judge Derby’s signature that her joint
Bankruptcy proceeding had not been discharged, and that the document she faxed from Newark,
Delaware contained a counterfeit signature.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, 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
her attorney or the United States, the defendant will not be allowed to withdraw her guilty plea on
that basis.
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5. Provided that the United States does not learn after the entry of the defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
States agrees to recommend a two-level reduction in the defendant’s sentencing guideline range
pursuant to U.S.S.G. § 3El.l.
6. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
she fail to do so, the defendant agrees to enter voluntarily into 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 defendant’s prison salary and apply it on the defenda11t’s
behalf to the payment ofthe outstanding debt ordered.
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
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moditiecl only 1n 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 have
no effect whatsoever.
COLM F. CONNOLLY
United States Attorney
Keir Bradford, Esquire éé By: Robert F. Kravetz
Attorney for Defendant Assistant United States At
Katie C. Sinclair
Defendant
Dated:
AND NOW, this Ll day of I % Lt L 2008, the foregoing
Memorandum of Plea Agreement is hereby accepte (rejected) by this Court.
Ho seph . Fam , Jr. ’
Unit tates Distric Judge
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