UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CR-20163-SCOLA

UNITED STATES OF AMERICA

vs.

CARLOS ENRIQUE URBANO FERMIN, 

Defendant.

 /

PLEA AGREEMENT

The United States Attorney’s Office for the Southern District of Florida and the Fraud 

Section of the Criminal Division of the United States Department of Justice (collectively the 

“Offices”) and Carlos Enrique Urbano Fermin (hereinafter “the defendant”) enter into the 

following agreement:

1. The defendant understands that he has the right to have the evidence and charges 

against him presented to a federal grand jury for determination of whether or not there is probable 

cause to believe he committed the offense with which he is charged. Understanding the right, and 

after full and complete consultation with his counsel, the defendant agrees to waive his right to 

prosecution by Indictment, agrees to waive any challenges to the statute of limitations or venue,

and agrees that the United States may proceed by way of an information filed pursuant to Rule 7 

of the Federal Rules of Criminal Procedure.

2. The defendant agrees to plead guilty to the sole count of the Information charging 

the defendant with a violation of Title 18, United States Code, Section 371 (Conspiracy to Commit 

an Offense against the United States), specifically, conspiracy to violate 18 U.S.C. § 1956(a)

(laundering of monetary instruments that are proceeds of, and done with the intent to promote,

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specified unlawful activity, to wit, an offense against a foreign nation involving bribery of a public 

official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a 

public official). 

3. The defendant understands and acknowledges that, as to the sole count of the 

Information, the Court may impose a statutory maximum term of imprisonment of up to 5 years 

and a term of supervised release of up to 3 years. The defendant understands that the Court may 

also impose a fine of up to $250,000 or twice the amount of the criminally derived property 

involved in the transactions for which the defendant conspired to launder, whichever is greater. 

The defendant also understands that the Court may also order forfeiture and restitution. The 

defendant also understands that a special assessment in the amount of $100 will be imposed and 

due at the time of sentencing.

4. The defendant is aware that the sentence will be imposed by the Court after 

considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter 

“Sentencing Guidelines”). The defendant acknowledges and understands that the Court will 

compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines 

will 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 Guidelines range that it 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 a sentence within that advisory range; the Court is permitted 

to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either 

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more severe or less severe than the advisory Sentencing Guidelines range. Knowing these facts, 

the defendant understands and acknowledges that the Court has the authority to impose any 

sentence within and up to the statutory maximum authorized by law for the offense identified in 

paragraph 3 and that the defendant may not withdraw his guilty plea solely as a result of the 

sentence imposed.

5. The Offices reserve the right to inform the Court and the probation office of all 

facts pertinent to the sentencing process, including all 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 recommendation, the Offices

further reserve the right to make any recommendation as to the quality and quantity of punishment.

6. The Offices agree that they will recommend at sentencing that the Court reduce by 

two levels the sentencing guideline level applicable to 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. If at the time of sentencing the defendant’s 

offense level is determined to be 16 or greater, the government will file 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 in the investigation or prosecution of the defendant’s 

own misconduct by timely notifying authorities of the defendant’s intention to enter a plea of 

guilty, thereby permitting the government to avoid preparing for trial and permitting the 

government and the Court to allocate their resources efficiently. The Offices, however, will not 

be required to make this motion and these recommendations if the defendant: (1) fails or refuses 

to make a full, accurate and complete disclosure to the probation office of the circumstances 

surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the 

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government prior to entering into this plea agreement; or (3) commits any misconduct after signing 

this plea agreement, including but not limited to committing a state or federal offense, violating 

any term of release, or making false statements or misrepresentations to any governmental entity 

or official. 

7. The Offices agree to recommend a sentence at the low end of the applicable 

advisory guideline range provided the defendant fully complies with the terms of this plea 

agreement, including, but not limited to the provisions regarding forfeiture in paragraph 12. 

8. The defendant is aware that the sentence has not yet been determined by the Court. 

The defendant also is aware that any estimate of the probable sentencing range or sentence that the 

defendant may receive, whether that estimate comes from the defendant’s attorney, the 

government, or the probation office, is a prediction, not a promise, and is not binding on the 

government, the probation office or the Court. The defendant understands further that any 

recommendation that the government makes to the Court as to sentencing, whether pursuant to this 

agreement or otherwise, is not binding on the Court and the Court may disregard the 

recommendation in its entirety. The defendant understands and acknowledges, as previously 

acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the 

Court’s decision not to accept a sentencing recommendation made by the defendant, the 

government, or a recommendation made jointly by both the defendant and the government. 

9. This plea resolves the defendant’s federal criminal liability with regard to the 

Offices for conduct related to that described in the Factual Proffer except criminal tax liability (as 

to which the Offices do not have authority to make any agreement). The defendant understands 

that this agreement is binding only as to the Offices and only relating to conduct described in the 

Factual Proffer. 

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10. The defendant agrees that he shall cooperate fully with the Offices by: (a) providing 

truthful and complete information and testimony, and producing documents, records and other 

evidence, when called upon by the Offices, whether in interviews, before a grand jury, or at any 

trial or other Court proceeding; (b) appearing at such grand jury proceedings, hearings, trials, and 

other judicial proceedings, and at meetings, as may be required by the Offices; and (c) if requested 

by the Offices, working in an undercover role under the supervision of, and in compliance with, 

law enforcement officers and agents. Any assistance the defendant may provide to the United 

States federal criminal investigators shall be pursuant to the specific instructions and control of 

these Offices and designated United States investigators. 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.

11. The defendant agrees to provide an accounting and tracing of all monies involved 

in the defendant’s criminal activity and any available assets for forfeiture to the Offices upon 

request, within 14 calendar days from the request. The defendant further agrees, in an individual 

or any other capacity, to forfeit to the United States, voluntarily and immediately, any right, title, 

and interest to any property, real or personal, which is determined to constitute or is derived from 

proceeds traceable to the violation to which he is pleading guilty, pursuant to Title 18, United 

States Code, Section 981(a)(1)(C), and offenses which he has disclosed to the Offices prior to 

execution of this plea agreement. The property subject to forfeiture includes, but is not limited 

to a forfeiture money judgment in an amount equal to the amount of proceeds traceable to the 

violation. The defendant further agrees that forfeiture is independent of any assessment, fine, 

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cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and 

voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture, 

including excessive fines under the Eighth Amendment to the United States Constitution. In 

addition, except as may be otherwise agreed, the defendant agrees to waive: any applicable time 

limits for administrative or judicial forfeiture proceedings, the requirements of Fed. R. Crim. P. 

32.2 and 43(a), as they relate to forfeiture, and any appeal of the forfeiture.

12. The defendant also agrees to fully and truthfully disclose the existence, nature and 

location of all assets in which the defendant has or had any direct or indirect financial interest or 

control, and any assets involved in the offense of conviction. The defendant agrees to take all 

steps requested by the United States for the recovery and forfeiture of all assets which are subject 

to forfeiture. This includes, but is not limited to, the timely delivery upon request of all necessary 

and appropriate documentation to deliver good and marketable title, consenting to all orders of 

forfeiture, and not impeding in any way any criminal, civil or administrative forfeiture proceeding 

concerning the forfeiture. 

13. In furtherance of the satisfaction of a forfeiture money judgment entered by the 

Court in this case, the defendant agrees to the following:

a. maintain any asset valued in excess of $10,000, and not sell, hide, waste, 

encumber, destroy, or otherwise devalue such asset without prior approval of 

the United States;

b. provide information about any transfer of an asset valued in excess of $10,000 

since the commencement of the offense conduct in this case to date;

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c. cooperate fully in the investigation and the identification of assets, including 

liquidating assets, meeting with representatives of the United States, and 

providing any documentation requested; and 

d. notify, within 30 days, the Clerk of the Court for the Southern District of 

Florida and the Offices of: (i) any change of name, residence, or mailing 

address, and (ii) any material change in economic circumstances. 

The defendant further understands that providing false or incomplete information about assets, 

concealing assets, making materially false statements or representations, or making or using false 

writings or documents pertaining to assets, taking any action that would impede the forfeiture of 

assets, or failing to cooperate fully in the investigation and identification of assets may be used as 

a basis for: (i) separate prosecution, including, under 18 U.S.C. § 1001; or (ii) recommendation of 

a denial of a reduction for acceptance of responsibility pursuant to the United States Sentencing 

Guidelines § 3E1.1.

14. The Offices reserve 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 of 

sentencing. If, in the sole and unreviewable judgment of the Offices, the defendant’s 

cooperation is of 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 Offices may make a motion prior to sentencing pursuant to 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 and recommending that the defendant’s sentence be 

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reduced. The defendant understands and agrees, however, that nothing in this agreement requires 

the Offices to file any such motions, and that the Offices’ assessment of the quality and 

significance of the defendant’s cooperation shall be binding as it relates to the appropriateness of 

the Offices’ filing or non-filing of a motion to reduce sentence.

15. The defendant understands and acknowledges that the Court is under no obligation 

to grant a motion for reduction of sentence filed by the government. In addition, the defendant 

further understands and acknowledges that the Court is under no obligation of any type to reduce 

the defendant’s sentence because of the defendant’s cooperation. 

16. The defendant is aware that Title 18, United States Code, Section 3742 and Title 

28, United States Code, Section 1291 afford the defendant the right to appeal the sentence imposed 

in this case. Acknowledging this, in exchange for the undertakings made by the Offices in this 

plea agreement, the defendant hereby waives all rights conferred by Sections 3742 and 1291 to 

appeal any sentence imposed, including any restitution order, or to appeal the manner in which the 

sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the 

result of an upward departure and/or an upward variance from the advisory guideline range that 

the Court establishes at sentencing. 

17. The defendant further understands that nothing in this agreement shall affect the 

government’s right and/or duty to appeal as set forth in Title 18, United States Code, Section 

3742(b) and Title 28, United States Code, Section 1291. However, if the United States appeals 

the defendant’s sentence pursuant to Sections 3742(b) and 1291, the defendant shall be released 

from the above waiver of appellate rights. In addition to the foregoing provisions, the defendant 

hereby waives all rights to argue on appeal that the statute to which the defendant is pleading guilty 

is unconstitutional and that the admitted conduct does not fall within the scope of the statute. By 

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signing this agreement, the defendant acknowledges that the defendant has discussed the appeal 

waiver set forth in this agreement with the defendant’s attorney.

18. The defendant recognizes that pleading guilty may have consequences with respect 

to the defendant’s immigration status if the defendant is not a citizen of the United States or if the 

defendant is a naturalized citizen of the United States. Under federal law, a broad range of crimes 

are removable offenses, including the offense to which the defendant is pleading guilty. Indeed, 

because the defendant is pleading guilty to conspiracy to commit money laundering, removal is 

presumptively mandatory. Removal and other immigration consequences are the subject of a 

separate proceeding, however, and the defendant understands that no one, including the 

defendant’s attorney or the Court, can predict to a certainty the effect of the defendant’s conviction 

on the defendant’s immigration status. The defendant nevertheless affirms that the defendant 

wants to plead guilty regardless of any immigration consequences that the defendant’s plea may 

entail, even if the consequence is the defendant’s automatic removal from the United States.

19. If, in the sole and unreviewable discretion of the Offices, the Offices determine that 

the defendant’s presence is essential to the success of a federal investigation or prosecution and 

that the defendant has otherwise complied with the terms of this agreement, the Offices may

recommend that the defendant be issued an S Visa classification. It is understood that the Offices 

have authority only to recommend an S visa, and that the final decision whether to seek such relief 

rests with the law enforcement agency (“LEA”) submitting the application requesting an S visa for 

the defendant. The decision whether to submit such an application for consideration by the 

Department of Justice and the Department of Homeland Security will be in the sole discretion of 

the LEA, and may be submitted only if the LEA and the Offices determine that the defendant 

otherwise qualifies under 18 U.S.C. § 101(a)(15)(S) and 8 C.F.R. 214.2(t), including if the 

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defendant’s deportation would pose a significant threat to the defendant’s safety. There is no 

guarantee that if an S visa application is submitted in the future for the defendant that he will be 

granted S nonimmigrant status, even if he may be statutorily eligible. The defendant understands 

and agrees, however, that nothing in this agreement requires the Offices to make any such 

recommendation, and that the Offices’ assessment of the quality and significance of the 

defendant’s cooperation shall be binding as it relates to the appropriateness of the Offices’ 

recommendation.

20. The Offices and the defendant stipulate to and agree not to contest the facts in the 

Factual Proffer, and stipulate that such facts, in accordance with Rule 11(b)(3) of the Federal Rules 

of Criminal Procedure, provide a sufficient factual basis for the plea of guilty in this case. The 

defendant agrees that the facts in the Factual Proffer are true and correct to the best of the 

defendant’s knowledge. Because the factual basis set forth in the Factual Proffer has the limited 

purpose of supporting the defendant’s guilty plea to the charge discussed in paragraph two, the 

factual basis set forth in the Factual Proffer does not purport to represent all facts and 

circumstances relating to the defendant’s participation. Similarly, the factual basis in the Factual 

Proffer is not intended to identify all knowledge the defendant might have of the unlawful activity 

of other individuals.

21. In the event the defendant withdraws from this agreement prior to or after pleading 

guilty to the charge identified in paragraph two above; should the court refuse to accept the 

defendant’s guilty plea; or should the Offices, in their sole discretion, determine that the defendant 

has failed to fully comply with any of the terms of this plea agreement, the Offices will be released 

from their obligations under this agreement, and the defendant agrees and understands that, in that 

event:

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(a) the defendant thereby waives any protection afforded by any proffer letter agreement 

between the parties, Section 1B1.8 of the Sentencing Guidelines, Rule 11(f) of the Federal Rules 

of Criminal Procedure and Rule 410 of the Federal Rules of Evidence; 

(b) any statements made by the defendant as part of the plea discussions, any debriefings 

or interviews, or as part of the Factual Proffer in connection with this agreement, whether made 

prior to or after the execution of this agreement, will be admissible against him without any 

limitation in any civil or criminal proceeding brought by the Offices, including as substantive 

evidence offered by the government in its case-in-chief and rebuttal case, impeachment evidence 

offered by the government on cross-examination, and evidence at any sentencing hearing or other 

hearing; 

(c) the defendant’s waiver of any defense based on the statute of limitations and venue, 

including the waiver set forth in this agreement, or any defense based on the passage of time in 

filing an Indictment or Superseding Information, referred to herein, shall remain in full force and 

effect; 

(d) the defendant stipulates to the admissibility and authenticity, in any case brought by the 

United States in any way related to the facts referred to in this agreement, of any documents 

provided by the defendant or the defendant’s representatives to any state or federal agency and/or 

the Offices; and 

(e) the defendant has adopted the entire factual basis as the defendant’s statements, and the 

defendant has stipulated to the admissibility of the Factual Proffer in any case brought by the 

United States, and the defendant agrees not to assert any claim under the Federal Rules of Evidence 

(including Rule 410 of the Federal Rules of Evidence), the Federal Rules of Criminal Procedure 

(including Rule 11 of the Federal Rules of Criminal Procedure), or the United States Sentencing 

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Guidelines (including USSG § 1Bl.l(a)) thatthe Factual Proffer set forthin connection with this 

agreement should be suppressed oris otherwise inadmissible as evidence(in any fonn).

22. This is the entire agreement and understanding between the Offices and the 

defendant. There are no other agreements, promises, representations, or understandings except 

as may be disclosed to the Court at the plea proceeding.

4/13/2021 

Date:

Date:

Date: � 

Date: '[ /� 2ol/

ARIANA FAJARDO ORSHAN

UNITED STA TES A TIORNEY

By: � 

MICHAEL N. BERGER 

�,,,. '7--

By: 

By: 

ASSISTANT UNITED STA TES ATTORNEY

DANIELS. KAHN 

ACTING CHIEF, FRAUD SECTION

CRIMINAL DIVISION

ALEXANDER KRAMER 

TRIAL ATTORNEY, FRAUD SECTION

NORMAN A. MOSCOWITZ 

ATTORNEY FOR DEFEND A

By:,�·(.... CARLOSENRIQUE - .

URBANO FERMIN

DEFENDANT

12 

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