UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-60186-CR-WPD 

UNITED STATES OF AMERICA 

vs. 

DAMIAN DA VIS, 

Defendant. 

I ----------------

PLEA AGREEMENT 

The United States Attorney's Office for the Southern District of Florida ("this Office") and 

Damian Davis (hereinafter referred to as the "defendant") enter into the following agreement: 

1. The defendant agrees to plead guilty to counts 3 and 6 of the indictment, which charge 

the defendant with bank fraud, in violation of Title 18, United States Code, Section 1344 and wire 

fraud, in violation of Title 18, United states Code, Section 1343. 

2. This Office agrees to seek dismissal of counts 1, 2, 4, and 5 of the indictment, as to this 

defendant, after sentencing. 

3. 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 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 

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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 more 

severe or less severe than the Sentencing Guidelines' advisory 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 

1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 

4. The defendant also understands and acknowledges that as to count 3, the Court may 

impose a statutory maximum term of imprisonment ofup to thirty (30) years, followed by a term 

of supervised release of up to five (5) years. As to count 6, the Court may impose a statutory 

maximum term of imprisonment of up to twenty (20) years, followed by a term of supervised 

release ofup to three (3) years. In addition to a term of imprisonment and supervised release, the 

Court may impose, as to each count, a maximum fine ofup to $1,000,000 or twice the gross gain 

or gross loss resulting from the offense, as well as restitution and criminal forfeiture. 

5. The defendant further understands and acknowledges that, in addition to any sentence 

imposed under paragraph 4 of this agreement, a special assessment in the amount of 

$200 will be imposed on the defendant. The defendant agrees that any special assessment 

imposed shall be paid at the time of sentencing. If a defendant is financially unable to pay the 

special assessment, the defendant agrees to present evidence to this Office and the Court at the 

time of sentencing as to the reasons for the defendant's failure to pay. 

6. This Office 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 

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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, this Office further reserves the right to make any recommendation as 

to the quality and quantity of punishment. 

7. This Office agrees that it will recommend at sentencing that the Court reduce by two 

levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section 

3El.l(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, this Office will file ~ motion requesting an 

additional one level decrease pursuant to Section 3El.l(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: This Office, however, will not be 

required to make this motion 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 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 any term of release, or making false 

statements or misrepresentations to any governmental entity or official. 

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 

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defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or 

the probation office, is a prediction, not a promise, and is not binding on this Office, the probation 

office or the Court. The defendant understands further that any recommendation that this Office 

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 3 above, that the 

defendant may not withdraw his/her plea based upon the Court's decision not to accept a 

sentencing recommendation made by the defendant, this Office, or a recommendation made jointly 

by the defendant and this Office. 

9. The defendant agrees, in an individual and any other capacity, to forfeit to the United 

States, voluntarily and immediately, any right, title, and interest to any property, constituting or 

derived from, any proceeds obtained, directly or indirectly, as the result of such offense, pursuant 

to Title 18, United States Code, Section 982(a)(2)(A). 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. a forfeiture money judgment in the sum of $274,365 in U.S. currency, which in sum 

represents the value of the property subject to forfeiture. 

10. 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 

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\ 

\ 

\ 

forfeiture proceedings, the requirements of Ped. R. Crim. P. 32.2 and 43(a), and any appeal of the 

forfeiture. 

11. 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 offenses of conviction. The defendant 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 timely 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 with any criminal, 

civil or administrative forfeiture proceeding concerning the forfeiture. 

[SPACE INTENTIONALLY LEFT BLANK] 

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Case 0:22-cr-60186-WPD Document 34 Entered on FLSD Docket 01/13/2023 Page 5 of 6
12. This is the entire agreement and understanding between this Office and the defendant. 

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

Date: q 13~'1.~ By: \ 

Date: _l lt ~; 'Z-3 By: 

Date: 1///3/J.3 By: 

JUAN ANTONIO GONZALEZ 

UNITED STATES ATTORNEY 

BERTILA LILIA FERNANDE 

ASSISTANT UNITED STATE ATTORNEY 

c~- ✓-:)~ 

CARLOS GONZALEZ 

ATT RNEY FOR DEFENDANT 

.J--

VIS 

DEFENDANT 

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