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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.

UNITED STATES OF AMERICA

vs.

JUAN RIBAS DOMENECH,

Defendant.

 ______/

PLEA AGREEMENT

The United States Department of Justice, Criminal Division,

Fraud Section (the “Government” or the “United States”), and JUAN 

RIBAS DOMENECH (hereinafter referred to as the “defendant”) enter 

into the following agreement:

1. The defendant agrees to waive indictment and to plead 

guilty to the one-count Information filed in this case, which 

charges the defendant with conspiracy to launder money, in 

violation of Title 18, United States Code, Section 1956(h).

2. The defendant is aware that the sentence will be imposed 

by the Court after considering the Federal Sentencing Guidelines 

and Policy Statements (hereinafter the “Sentencing Guidelines”),

as well as other factors enumerated in Title 18, United States 

Code, Section 3553(a). The defendant acknowledges and understands 

that the Court will compute an advisory sentence under the 

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Sentencing Guidelines and that the applicable guidelines will be 

determined by the Court relying in part on the results of a PreSentence 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 

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 that sentence; the Court is permitted to tailor 

the ultimate sentence in light of other statutory concerns, and 

such sentence may 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 to the statutory 

maximum authorized by law for the offense identified in paragraph 

1 and that the defendant may not withdraw the plea solely as a 

result of the sentence imposed.

3. The defendant also understands and acknowledges that for 

the charge in the Information of conspiracy to launder money in 

violation of Title 18, United States Code, Section 1956(h), the 

Court may impose a statutory maximum term of imprisonment of up to 

20 years, followed by a term of supervised release of up to three

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years. In addition to a term of imprisonment and supervised 

release, the Court may impose a fine of up to $500,000, or twice 

the value of the property involved in the transactions for which 

the defendant conspired to launder, whichever is greater, and the 

Court may also order forfeiture and restitution. 

4. The defendant further understands and acknowledges that, 

in addition to any sentence imposed under paragraph 3 of this 

agreement, a special assessment in the amount of $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. 

If 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.

5. The Government reserves 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 sentencing recommendations 

contained in this agreement, the Government further reserves the 

right to make any recommendation as to the quality and quantity of 

punishment.

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6. The Government agrees to 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 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 in the investigation 

or prosecution of his own misconduct by timely notifying 

authorities of his 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 Government, however, will not be required to 

make this motion and this recommendation if the defendant: (a) 

fails or refuses to make a full, accurate, and complete disclosure 

to the probation office of the circumstances surrounding the 

relevant offense conduct; (b) is found to have misrepresented facts 

to the Government prior to entering into this plea agreement; or 

(c) commits any misconduct after entering into 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.

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7. The Government 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:

a. Base offense level: Pursuant to U.S.S.G. § 2S1.1(a)(2), 

that the base offense level for purposes of sentencing guideline 

calculations for the charged offenses is 8, plus the number of 

offense levels from the table in §2B1.1 corresponding to the value 

of the laundered funds (more than $1.5 million and less than $3.5 

million), adding 16 levels;

b. Offense of conviction: That a two-level enhancement of the 

guideline offense level applies under U.S.S.G. § 2.S1.1(b)(2)(B) 

for a conviction under Title 18, United States Code, Section 1956;

c. Sophisticated means: That a two-level increase to the 

offense level applies since the offense involved sophisticated 

means pursuant to U.S.S.G. § 2S1.1(b)(3); and

d. Total Offense Level: Accordingly, the total offense level 

is 28 less any adjustment for Acceptance of Responsibility. The 

defendant has a Criminal History Category of I.

8. The defendant agrees 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 

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proceeding; (b) appearing at such grand jury proceedings, 

hearings, trials, and other judicial proceedings, and at meetings, 

as may be required by the Government; and (c) if requested by the

Government, working in an undercover role under the supervision 

of, and in compliance with, law 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.

9. 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 of 

sentencing. If in the sole and unreviewable judgment of the

Government, 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

Government 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 

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the Court that the defendant has provided substantial assistance 

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 of the filing or non-filing of a motion to 

reduce sentence. In addition, because the defendant agrees that 

the Government shall have sole and unreviewable discretion to move 

for any sentencing reduction based on his cooperation, the 

defendant agrees that he will not seek a 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, if he chooses, because of other grounds, if any, which 

do not involve cooperation. 

10. 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. 

11. In the event that the defendant chooses to seek a 

variance from the sentencing guideline range, the defendant 

further agrees that any such application shall be filed in writing

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with the Court and served on the United States no later than the 

deadline for submitting objections to the Pre-Sentence 

Investigation Report stated in Federal Rule of Criminal Procedure 

32(f)(1), subject to any extension of time agreed upon between the 

parties or ordered by the Court.

12. The defendant agrees, in an individual and any other 

capacity, to forfeit to the United States, voluntarily and 

immediately, all rights, title, and interest to any property, real 

or personal, involved in the violation of Title 18, United States 

Code, Section 1956(h) or any property traceable to such property. 

In addition, the defendant agrees to forfeiture of substitute 

property pursuant to 21 U.S.C. § 853(p). The property subject to

forfeiture includes, but is not limited to a forfeiture money 

judgment in the sum of $5,036,465 in United States currency, which 

sum represents the value of the property subject to forfeiture.

13. The defendant further agrees that forfeiture is 

independent of any assessment, fine, 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, 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), and any appeal of 

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the forfeiture. 

14. 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 also agrees to take all steps requested by the United 

States for the recovery and forfeiture of all assets identified by 

the United States as subject to forfeiture. This includes, but 

is not limited to, the delivery upon request of all necessary and 

appropriate documentation to deliver good and marketable title, 

consenting to all orders of forfeiture, and not contesting or 

impeding in any way any criminal, civil or administrative 

forfeiture proceedings concerning the forfeiture. 

15. In furtherance of the collection of a forfeiture money 

judgment and/or a restitution judgment, the defendant agrees to 

the following:

(a) The defendant agrees to make full and accurate 

disclosure of his financial affairs to this Office. Specifically, 

within 14 calendar days from a request by this Office, the 

defendant shall submit a completed Financial Disclosure Statement 

(form provided by this Office), and shall fully disclose and 

identify all assets in which the defendant has any interest and/or 

over which the defendant exercises control, directly or 

indirectly, including those held by a spouse, nominee, or other 

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third party. Upon request by this Office, the defendant agrees 

to provide in a timely manner all financial information requested, 

including all financial information provided to the United States 

Probation Office, and to meet in person to identify assets which 

may be used to satisfy a forfeiture money judgment and/or the 

restitution judgment. 

(b) The defendant agrees to not sell, hide, waste, 

encumber, destroy, or otherwise devalue any asset until the 

forfeiture money judgment and the restitution judgment are paid in 

full without prior approval of the United States. The defendant 

shall also identify any transfer of assets valued in excess of 

$5,000 since the commencement of the offense conduct to date, 

including the identity of the asset, the value of the asset, the 

identity of the third party to whom the asset was transferred, and 

the current location of the asset.

(c) The defendant agrees to cooperate fully in the 

investigation and the identification of assets to be applied toward 

forfeiture and/or restitution. The defendant agrees that 

providing false or incomplete information about assets, or hiding, 

selling, transferring or devaluing assets and/or failing to 

cooperate fully in the investigation and identification of assets 

may be used as a basis for: (i) separate prosecution, including, 

under Title 18, United States Code, Section 1001; or (ii) 

recommendation of a denial of a reduction for acceptance of 

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responsibility pursuant to the United States Sentencing Guidelines 

§ 3E1.1.

(d) The defendant further agrees to liquidate assets, 

or complete any other tasks which may result in immediate payment 

of the forfeiture money judgment and/or the restitution judgment 

in full, or full payment in the shortest amount of time, as 

requested by the United States. 

(e) The defendant understands that he is responsible 

for the full amount of the forfeiture but that joint and several 

liability may be imposed as to similarly-situated defendants.

(f) The defendant shall notify, within 30 days, the 

Clerk of the Court for the Southern District of Florida and this 

Office of: (i) any change of name, residence, or mailing address, 

and (ii) any material change in economic circumstances that affects 

the ability to pay the forfeiture.

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 United States 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 

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of an upward departure and/or an upward variance from the advisory 

guideline range that the Court establishes at sentencing. 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 signing this agreement, the defendant 

acknowledges that the defendant has discussed the appeal waiver 

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

17. 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 

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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 2 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.

18. The defendant agrees that, effective as of the date the 

defendant signs this Plea Agreement, and notwithstanding any other 

subsequent event, including but not limited to the defendant’s 

failure to plead guilty, the Court’s refusal to accept the 

defendant’s guilty plea, or the defendant’s withdrawal (or 

attempted withdrawal) of his guilty plea, the Factual Proffer

entered in connection with this Plea Agreement shall be admissible 

against the defendant in any criminal case involving the Fraud

Section and the defendant, as: (a) substantive evidence offered by 

the government in its case-in-chief and rebuttal case; (b) 

impeachment evidence offered by the government on crossexamination; and (c) evidence at any sentencing hearing or other 

hearing. In addition, the defendant also 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 Guidelines (including 

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U.S.S.G. § 1B1.1(a)) that the Factual Proffer entered in connection 

with this Plea Agreement should be suppressed or is otherwise 

inadmissible as evidence (in any form).

19. 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 a conspiracy 

to launder money, removal is presumptively mandatory. Removal and 

other immigration consequences are the subject of a separate 

proceeding, however, and 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. 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.

20. This is the entire agreement and understanding between 

the United States and the defendant. There are no other 

agreements, promises, representations, or understandings.

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