UNITED STATES DISTRJCT COURT 

SOUTHERN DISTRJCT OF FLORJDA 

CASE NO. 22-60204-CR-RUIZ 

UNITED STATES OF AMERJCA 

V. 

ROY AL AIR MUSEUM, INC., 

Defendant. 

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

PLEA AGREEMENT 

The United States of America and ROY AL AIR MUSEUM, INC. (hereinafter 

referred to as "the defendant") enter into the following agreement: 

1. The defendant agrees to plead guilty to an Information which charges the 

defendant with Major Fraud Against the United States, in violation of Title 18, Uruted 

States Code, Section 1031. 

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

considering the Federal Sentencing Guidelines and Policy Statements (hereinafter 

"Sentencing Guidelines" in an advisory capacity). The defendant acknowledges and 

understands that the Court will compute an advisory sentence under the Sentencing 

Guidelines and that the applicable advisory 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 depai1 from the 

applicable advisory guideline range and impose a sentence that is either more severe or less 

severe than the advisory guidelines range. The Court is permitted to tailor the ultimate 

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sentence m light of other statutory concerns. 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 the maximum 

punishment for a violation of Title 18, United States Code, Section 1031 is five (5) years of 

probation (18 U.S.C. § 356l(c)(l)) and a fine of $5,000,000.00 (18 U.S.C. § 103 l(b)). The 

defendant also understands and acknowledges that the Court shall order restitution to the 

victim (18 U.S.C. § 3663A). 

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. 00 will be imposed on the defendant, which will be paid by the defendant 

at the time of entry of this plea. 

5. The Office of the United States Attorney for the Southern District of Florida 

(hereinafter "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 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. 

6. The United States and the defendant agree that, although not binding on the 

probation office or the Court, they will jointly recommend that the Court impose the 

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following sentence: a fine of $1,000,000.00 and restitution in the amount of$4,000,000.00, 

said sums due and payable at the time of sentencing. 

7. 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 2 

above, that the defendant may not withdraw its 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. 

8. The defendant knowingly and voluntarily agrees to waive any claim or 

defense the defendant may have under the Eighth Amendment to the United states 

Constitution, including any claim of excessive fine or penalty with respect to any order of 

fine or restitution. 

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

affords the defendant the right to appeal the sentence imposed in this case. 

Acknowledging this, and in exchange for the undertakings made by the United States in 

this plea agreement, the defendant hereby waives all rights conferred by Section 3742 to 

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

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which the sentence was imposed, unless the sentence exceeds the maximum permitted by 

statute. 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). However, if the United States appeals the defendant's sentence 

pursuant to Section 3742(b), the defendant shall be released from the above waiver of 

appellate rights. By signing this agreement, the defendant acknowledges that it has 

discussed the appeal waiver set forth in this agreement with the defendant's attorney. 

The defendant further agrees, together with the United States, to request that the district 

court enter a specific finding that the defendant's waiver of its right to appeal the sentence 

to be imposed in this case was knowing and voluntary. 

10. This is the entire agreement and understanding between the United States 

and the defendant. There are no other agreements, promises, representations, or 

understandings. 

Date ~ 

Date: 

JUAN ANTONIO GONZALEZ 

UNITED STATES ATTORNEY 

JU~ AG~ 

ASSISTANT UNITED STATES ATTORNEY 

~--- LA IO 

ASSI TES ATTORNEY 

ROY AL AIR MUSEUM, INC. 

By: MARK DANIELS 

As Director, President, Secretary and Authorized 

Representative of Royal Air Museum, Inc. 

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Attorney for Royal Air Museum, Inc. 

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