Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 1 of 15 UNITED STAYES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No . 18-20108-CR-ALTONAGA UNIYED STATES OF AMERICA ARTURO ESCOBAR DOMINGUEZ / PLEA AGREEMENT The United States Attorney's Office for the Southern District of Florida, the United States Department of Justice, Criminal Division, Fraud Section and Money Laundering Asset Recovery Section (collectively, the qGovernment'' or the uUnited Statesz'), - and Arturo Escobar Dominguez (hereinafter referred to as the hdefendant'') enter into the following agreement: The defendant agrees waive indictment and to plead guilty the one-count Information filed this case, which l charges the defendant with conspiracy to launder money, in violation of Title United States Code, Section 1956(h). The defendant is aware that the sentence wili be imposed by the Court after considering the Federal Sentencing Guidelines and Pölicy Statements (hereinafter, the uSentencing Guidelinesv), as well as other factors enumerated in Title 18, United States Code, Section 3553(a). The defendant acknowledges and understands Ehat the Court will compute an advisory sentence under the 1 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 2 of 15 sentencing Guidelines and that the applicable guidelines w ill be determined by the Court relying in part on the results of a Pre- Sentence Investigation by the Court 's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines . The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence light of other statutory concerns, and such sentence mày be either more severe or less severe than the Sentencing Guidelines ' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up the statutory maximum authorized by law for the offense identified in paragraph and that the defendant may not withdraw the plea solely as a result of the sentence imposed . The defendant also understands and acknowledges that for the chqrge in the Information of conspiracy to launder money in violation of TitleUnited States Code , Section 1956(h), the Court may impose a statutory maximum term of imprisonment of up to years, followed by a term of supervised release of up to five 2 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 3 of 15 years. In addition to a term imprisonment and supervised ! release, the Court may impose a fine of up to $500,000, or twice the value of the property involved the transactions which the defendant conspired to launder, whichever is greater, and the Court may also order forfeiture and restitution. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph of this agreement, a special assessment in the amount $100 per count will be imposed on the defendant . The defendant agrees that any special assessment imposed shall be paid at the time of sentencing . the defendant is financially unable to pay the special assessment, the defendant agrees to present evidence to the Government and the Court at the time of sentencing as to the reasons for the defendant's failure to pay . The Government reserves the right to inform the Court and the probation office of al1 facts pertinent to the sentencing process, including relevant information concerning the offenses committed , whether charged or not, as well as concerning the defendant and the defendant's background. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this agreement, the Government further reserves the right to make any recommendation as to the quality and quantity of punishment . 3 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 4 of 15 The Government agrees to recommend at sentencing that the Court reduce by two levels sentencing guideline level applicable the defendant 's offense, pursuant to Section 3E1.1(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative and timely acceptance of personal responsibility. the time sentencing the defendant 's offense level is determined to be 16 or greater, the Government will make a motion requesting an additional one-level decrease ' pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that the defendant has assisted authorities the investigation or prosecution his own misconduct timely notifying authorities of his intention to enter plea of guilty, thereby permitting the Government to avoid preparing trial and permitting the Government and the Court to allocate their resources efficiently . The Government, however, not be required to make this motion and this recommendation if the defendant : fails or refuses to make a full, accurate, and complete disclosure to the probation office of the circumstances surrounding the relevant offense conduct; is found to have misrepresented facts to the Government prior to entering into this plea agreement; or (3) commits any misconduct after entering into this plea agreement, including but not limited to committing a state or federal offense, violating anyh term of release, ör making false statements or misrepresentations to any goverpmental entity or official. 4 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 5 of 15 The Government ,b and the defendant agree that, although not binding on the probation office or the Court, they will jointly recommend that the Court make the following findings and conclusions as to the sentence to be imposed : Base offense level: Pursuant to U.S.S.G. 5 2S1.1(a)(2), that the base offense level for purposes of sentencing guideline calculations for the charged offense is 8 plus the number of * . offense levels from the table in 5281 .1 corresponding to the value of the laundered funds (more than $1.5 million and less than $3.5 million), adding 16 levels, for a total base offense level of 24; Offense of conviction : That a two-level enhancement of the guideline offense level applies under U .S.S.G. 5 2.S1.1(b)(2)(B) for a conviction under Title 18, United States Code, Section 1956; Sophisticated means : That a two-level increase to the offense level applies since the offense involved sophisticated means pursuant to U.S.S.G. 5 2S1.1(b)(3); and The defendant has a Criminal History Category of 8. The defendant Jgrees that he shall cooperate fully with the Government by: (a) providing truthful and complete information and testimony , and producing documents, records and other evidence, when called upon by the Government, whether in interviews, before a grand jury, or at any trial or other Court proceeding; appearing such grand jury proceedings, 5 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 6 of 15 hearings, trials, and other judicial proceedings, and at meetings, as may be required by the Gove'rnment ; and if requested by the Government, working in an undercover role under the . supervision of, and in compliance with, 1aw enforcement officers and agents. In addition, the defendant agrees that he will not protect any person or entity through false information or omission, that he will not falsely implicate any person or entity, and that he will not commit any further crimes. The defendant agrees not to reveal his cooperation, or any information derived therefrom, to any third party without prior consent of the Government . The Government reserves the right to evaluate the nature and extent of the defendant 's cooperation and to make that cooperation , or lack thereof, known to the Court at the time sentencing. the sole and unreviewable judgment of the Government, the defendant 's cooperation such quality and significance to the investigation or prosecution of other 'criminal matters as to warrant the Court's downward departure from the advisory sentencing range calculated under the Sentencing Guidelines and/or any applicable minimum mandatory sentence, the Government may make a motion prior sentencing pursuant Section 5K1.1 of the Sentencing Guidelines and/or Title 18, United States Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 of the Federal Rules of Criminal Procedure, informing the Court that the defendant has provided substantial assistance 6 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 7 of 15 and recommending that the defendant's sentence be reduced . The defendant understands and agrees, however, that nothing in this agreement requires the Government to file any such motions, and that the Government's assessment of the quality and significance of the defendant's cooperation shall be binding as it relates to the appropriateness the filing or non-filing of motion to reduce sentence . In addition, because the defendant agrees that the Government shall have sole and unreviewable discretion to move sentencing reduction based on his cooperation, the 5 defendant agrees that will not seek variance from the guideline range under Title 18, United States Code, Section 3553(a) because of any cooperation, although the defendant may move for a variance, he chooses, because of other grounds, any, which do not involve ?cooperation . The defendant understands and acknowledges that the Court under no obligation to grant a motion for reduction of sentence filed by the Government.