Free Waiver of Indictment - District Court of Delaware - Delaware

Case 1:O7—cr—OO142-SLR Document 13 Filed O1/22/20wQg {lie}?/e1®1EQ/V` G/DIM/,7,
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UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. g Criminal Action No. 07-142-SLR
KEVIN B. SIRMAN, g
Defendant. g
WAIVER OF INDICTMENT
l. Kevin B. Sirman, the above named defendant, who is accused of violating 18 U.S.C. §
1343 (wire fraud), being advised of the nature of the charges and of his rights, hereby knowingly,
voluntarily and intelligently waives prosecution by indictment and consents that the proceeding may
be by information instead of by indictment.
2. The defendant understands that (a) unless he waives indictment, he could not be charged
with these offenses unless the Grand Jury found probable cause to believe he committed the offense
and returned an indictment; (b) the Grand Jury is composed of at least sixteen, but not more than
twenty-three lay persons, and at least twelve of those grand jurors must find probable cause to
believe that the defendant committed the offenses before an indictment could be returned; and (c)
by waiving indictment, the Government will be proceeding by a document written by the United
States Attorney and called an information and the defendant will be prosecuted on that information,
rather than on an indictment.
3. The defendant has read and reviewed with his counsel the charges in the Information, and
is satisfied that his counsel has properly explained the charges and this waiver to him.
4. No one has made the defendant any promises or threatened or forced the defendant to
waive indictment.
evin B. Sirman If , J
Defendant Counsel for Defendant
Date: January 22, 2008

Case 1:07-cr-00142-SLR

Document 13

Filed 01/22/2008

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