UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-20420-CR-JEM 

UNITED STATES OF AMERICA 

vs. 

ARMANDO ARIEL DE LEON, 

Defendant. 

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

PLEA AGREEMENT 

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

Armando Ariel De Leon (hereinafter referred to as the "defendant") enter into the following 

agreement: 

1. The defendant agrees to plead guilty to the sole count of the Information, which 

charges the defendant with Conspiracy to Commit Wire Fraud in violation of 18 U.S.C. § 1349. 

2. 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 is required to consider the advisory guideline range determined under the Sentencing 

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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 offenses 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 Court may impose a 

statutory maximum term of imprisonment of up to twenty (20) years. The Court may impose a 

statutory maximum term of supervised release of up to three (3) years. In addition, the Court may 

impose a fine of up to $250,000. 

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

sentence imposed under paragraph three (3) of this agreement, a special assessment in the amount 

of $100 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 this Office and the Court at the 

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

5. 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. 

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

two (2) levels the sentencing guideline level applicable to the defendant's offense, pursuant to 

Section 3El.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 sixteen (16) or greater, this Office will file a motion 

requesting an additional one (1) 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. 

7. The defendant agrees that he shall cooperate fully with this Office by: (a) providing 

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

evidence, when called upon by this Office, 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 this Office; and ( c) if requested 

by this Office, 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 

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any person or entity through false information or omission, that he will not falsely implicate any 

person or entity, and that he that he will not commit any further crimes. 

8. This Office 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 this Office 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, this Office may 

make a motion prior to sentencing pursuant to Section 5Kl .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 reduced. The 

defendant understands and agrees, however, that nothing in this agreement requires this Office to 

file any such motions, and that this Office's assessment of the quality and significance of the 

defendant's cooperation shall be binding as it relates to the appropriateness of this Office's filing 

or non-filing of a motion to reduce sentence. 

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

to grant a motion for reduction of sentence filed by this Office. 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. 

10. This Office 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: 

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a. Base Offense: Pursuant to U.S.S.G. §§ 2B1.l(a)(l), 2Xl.l(a), the base offense 

level is 7. 

b. Specific Offense Characteristics: 

1. Pursuant to U.S.S.G. § 2B1.l(b)(l)(K), the offense level shall be increased 

by 20 levels because the relevant amount of actual, probable, or intended 

loss resulting from the offense committed in this case is more than 

$9,500,000 but less than or equal to $25,000,000. 

11. Pursuant to U.S.S.G. § 2B 1. l(b)(l 0)(C), the offense level shall be increased 

by 2 levels because the offense involved sophisticated means and the 

defendant intentionally engaged in or caused the conduct constituting 

sophisticated means. 

c. Adjustments: Pursuant to U.S.S.G. § 3B I. I ( c ), the offense level shall be increased 

by 2 levels because the defendant was an organizer, leader, manager, or supervisor. 

d. Total Offense Level: The total offense level is 31 less any adjustment for 

acceptance of responsibility. 

11. 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, 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 two (2) above, that the 

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defendant may not withdraw his 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. 

12. The defendant agrees to pay restitution in the amount of $7,130,056.00, pursuant 

to 18 U.S.C. §3663A. 

13. 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, real or 

personal, which constitutes or is derived from proceeds obtained directly or indirectly, as a result 

of the commission of the offense, in violation of 18 U.S.C. § 13494, 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 $464,002.44 in United States 

currency, which sum represents the value of any property constituting or 

derived from proceeds the defendant obtained as the result of the commission 

of the offense. 

14. 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 the 

forfeiture. 

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15. 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 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. 

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

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

a. submit a financial statement to the Offices upon request, within 14 

calendar days from the request; 

b. 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; 

c. 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; 

d. 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 

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

District of Florida and the Offices of: (i) any change of name, 

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residence, or mailing address, and (ii) any material change m 

economic circumstances. 

1 7. 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 § 3El.1. 

18. The defendant is aware that Title 28, United States Code, Section 1291 and Title 

18, United States Code, Section 3742 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 1291 and 3742 

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. 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 his right to appeal his sentence. 

19. The defendant further hereby waives all rights conferred by Title 28, United States 

Code, Section 1291 to assert any claim that (1) the statute(s) to which the defendant is pleading 

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guilty is/are unconstitutional; and/or (2) the admitted conduct does not fall within the scope of the 

statute(s) of conviction. 

20. 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. The 

defendant further agrees, together with this Office, to request that the Court enter a specific finding 

that the defendant's waiver of his right to appeal the sentence imposed in this case and his right to 

appeal his conviction in the manner described above was knowing and voluntary. 

21. 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. Under 

federal law, a broad range of crimes are removable offenses. 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. 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. 

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22. This is the entire agreement and understanding between this Office and the 

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

Date (0 /i-s-]2,L 

Date: / ;;/-z d '2?:-

By: 

By: 

By: 

JUAN ANTONIO GONZ 

~~ESATO 

ELIS. RUBIN 

ASSISTANT UNI D STATES ATTORNEY 

PAUL PETRUZZI 

COUNSEL FOR DEFENDANT 

~ - ~ 

A~OARIEL fiEoN 

DEFENDANT 

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