Plea Agreement—Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA

v.

NICOLE MCBEE

NO. 3:22-CR-385-S

PLEA AGREEMENT

Nicole McBee, the defendant, John Helms, the defendant’s attorney, and the 

United States of America (the government) agree as follows:

1. Rights of the defendant: The defendant understands that the defendant

has the rights:

a. to plead not guilty;

b. to have a trial by jury;

c. to have the defendant’s guilt proven beyond a reasonable doubt; 

d. to confront and cross-examine witnesses and to call witnesses in the 

defendant’s defense; and

e. against compelled self-incrimination.

2. Waiver of rights and plea of guilty: The defendant waives these rights 

and pleads guilty to the offense alleged in Count One of the Superseding Indictment, 

charging a violation of 18 U.S.C. § 1343, that is, Wire Fraud. The defendant understands 

the nature and elements of the crime to which the defendant is pleading guilty, and agrees 

that the factual resume the defendant has signed is true and will be submitted as evidence.

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3. Sentence: The maximum penalties the Court can impose include:

a. imprisonment for a period not to exceed 20 years;

b. a fine not to exceed $250,000, or twice any pecuniary gain to the 

defendant or loss to the victim(s);

c. a term of supervised release of not more than three years, which may 

be mandatory under the law and will follow any term of 

imprisonment. If the defendant violates the conditions of supervised 

release, the defendant could be imprisoned for the entire term of 

supervised release;

d. a mandatory special assessment of $100; 

e. restitution to victims or to the community, which is mandatory under 

the law, and which the defendant agrees may include restitution 

arising from all relevant conduct, not limited to that arising from the 

offense of conviction alone; 

f. costs of incarceration and supervision; and 

g. forfeiture of property.

4. Immigration consequences: 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. The defendant understands this may include the offense 

to which the defendant is pleading guilty, and for purposes of this plea agreement, the 

defendant assumes the offense is a removable offense. 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 district court, can 

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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 of guilty 

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

States.

5. Court’s sentencing discretion and role of the Guidelines: The defendant 

understands that the sentence in this case will be imposed by the Court after consideration 

of the United States Sentencing Guidelines. The guidelines are not binding on the Court, 

but are advisory only. The defendant has reviewed the guidelines with the defendant’s 

attorney, but understands no one can predict with certainty the outcome of the Court’s 

consideration of the guidelines in this case. Pursuant to Federal Rule of Criminal 

Procedure 11(c)(1)(B), the government recommends that the defendant is sentenced at the 

low end of the applicable advisory guideline range. However, the defendant understands 

that this recommendation is not binding on the Court, and the defendant will not be 

allowed to withdraw the defendant’s plea if the recommendation is not adopted, if the 

applicable advisory guideline range is higher than expected, or if the Court departs from 

the applicable guideline range. The defendant fully understands that the actual sentence 

imposed (so long as it is within the statutory maximum) is solely in the discretion of the 

Court.

6. Mandatory special assessment: Prior to sentencing, the defendant agrees 

to pay to the U.S. District Clerk the amount of $100, in satisfaction of the mandatory 

special assessment in this case. 

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7. Defendant’s agreement. The defendant shall not knowingly provide false 

information to the U.S. Probation Office (“USPO”), the Court, or the government relating 

to the offenses of conviction and all relevant conduct, or any information the defendant 

must provide related to this agreement. 

8. Financial Obligations: The defendant understands that any financial 

obligation imposed by the Court for restitution, fines, or special assessments is due and 

payable immediately. In the event the Court imposes a schedule for payment, the 

defendant agrees that such a schedule represents a minimum payment obligation and does 

not preclude the U.S. Attorney’s Office from pursuing any other means by which to 

satisfy the defendant’s full and immediately enforceable financial obligation. The 

defendant understands that the defendant has a continuing obligation to pay in full as 

soon as possible any financial obligation imposed by the Court. The defendant further 

agrees as follows:

a. Financial Disclosures: Within 21 days of the execution of this plea 

agreement, the defendant shall submit an accurate and complete 

personal financial statement under oath to the U.S. Attorney’s 

Office. The financial disclosure must identify all property in which 

the defendant has an interest—whether direct or indirect; whether 

held individually or jointly; whether held by a spouse, relative, 

associate, nominee, business, trust, or other third party; and whether 

held in this country or outside the country. Upon demand, the 

defendant shall provide any and all additional financial 

documentation requested to the USPO, the Court, or the government 

until her financial obligations have been paid in full. The financial 

disclosures may be shared between and among the government and 

the USPO as needed. 

b. Financial Interviews: The defendant shall submit to interviews by 

the government and the USPO regarding the defendant’s capacity to 

satisfy any fine, restitution, or special assessment.

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c. Credit Check: The defendant expressly authorizes the United 

States Attorney’s Office to immediately obtain a credit report on the 

defendant to evaluate the defendant’s ability to satisfy any financial 

obligation imposed by the Court.

d. Asset Preservation: Until the defendant’s financial obligations are 

paid in full, the defendant agrees not to dissipate, dispose of, or 

transfer any asset in which the defendant has an interest without 

prior express written consent of the U.S. Attorney, except for: (1) 

ordinary living expenses necessary to house, clothe, transport, and 

feed the defendant and those to whom the defendant owes a legal 

duty of support; and (2) attorney’s fees incurred in connection with 

this criminal case. The defendant further agrees to fully cooperate 

with the government in the liquidation of assets to be applied 

towards any financial obligations imposed in this case. The 

defendant understands the government will review all financial 

disclosures submitted and require the defendant to make good-faith 

efforts toward payment of all financial obligations imposed by this 

Court. The defendant understands and agrees that the defendant’s 

failure to comply with this provision of the Plea Agreement may 

result in the defendant receiving no credit for acceptance of 

responsibility. 

e. Treasury Offset Program: The defendant consents to enrollment 

upon sentencing in the Treasury Offset Program, at the sole 

discretion of the government, which would allow for funds 

otherwise payable to the defendant from any federal agency, 

including the Internal Revenue Service and the Social Security 

Administration, to be applied to the defendant’s outstanding 

financial obligations imposed by the Court. 

9. Restitution: Pursuant to 18 U.S.C. § 3663A, the defendant agrees that the 

Court is authorized to order, and the defendant agrees to pay, restitution for all losses 

resulting from the offense of conviction and all relevant conduct, in an amount to be 

determined by the Court. Defendant agrees that, for purposes of this Plea Agreement, 

restitution for relevant conduct shall include all acts and omissions described in USSG 

§ 1B1.3(a)(1)(A) and (1)(B), as well as all acts and omissions that were part of the same 

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course of conduct or common scheme or plan, regardless whether the grouping rules in 

USSG § 3D1.2 might apply to computation of the advisory imprisonment range. 

Restitution at a minimum shall include all losses suffered by Company A and Company 

B as the result of the defendant’s embezzlement between approximately January 2014 

and February 2021. The defendant understands that, should the Court order that 

restitution be paid jointly and severally with others who are required to pay restitution for 

the same loss, credit may not be received for all payments made by any other person with 

joint and several liability. The defendant agrees that any restitution ordered to be paid 

jointly and severally remains the responsibility of the defendant until the defendant has 

paid the defendant’s ordered amount of restitution in full or the respective victim has 

been paid in full.

10. Government’s agreement: The government will not bring any additional 

charges against the defendant based upon the conduct underlying and related to the 

defendant’s plea of guilty. The government will file a Supplement in this case, as is 

routinely done in every case, even though there may or may not be any additional terms. 

This agreement is limited to the United States Attorney’s Office for the Northern District 

of Texas and does not bind any other federal, state, or local prosecuting authorities, nor 

does it prohibit any civil or administrative proceeding against the defendant or any 

property.

11. Violation of agreement: The defendant understands that if the defendant

violates any provision of this agreement, or if the defendant’s guilty plea is vacated or 

withdrawn, the government will be free from any obligations of the agreement and free to 

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prosecute the defendant for all offenses of which it has knowledge. In such event, the 

defendant waives any objections based upon delay in prosecution. If the plea is vacated 

or withdrawn for any reason other than a finding that it was involuntary, the defendant

also waives objection to the use against the defendant of any information or statements 

the defendant has provided to the government, and any resulting leads.

12. Voluntary plea: This plea of guilty is freely and voluntarily made and is 

not the result of force or threats, or of promises apart from those set forth in this plea 

agreement. There have been no guarantees or promises from anyone as to what sentence 

the Court will impose.

13. Waiver of right to appeal or otherwise challenge sentence: The 

defendant waives the defendant’s rights, conferred by 28 U.S.C. § 1291 and 18 U.S.C. § 

3742, to appeal the conviction, sentence, fine and order of restitution or forfeiture in an 

amount to be determined by the district court. The defendant further waives the 

defendant’s right to contest the conviction, sentence, fine and order of restitution or 

forfeiture in any collateral proceeding, including proceedings under 28 U.S.C. § 2241 and 

28 U.S.C. § 2255. The defendant, however, reserves the rights (a) to bring a direct appeal 

of (i) a sentence exceeding the statutory maximum punishment, or (ii) an arithmetic error 

at sentencing, (b) to challenge the voluntariness of the defendant’s plea of guilty or this 

waiver, and (c) to bring a claim of ineffective assistance of counsel.

14. Representation of counsel: The defendant has thoroughly reviewed all 

legal and factual aspects of this case with the defendant’s attorney and is fully satisfied 

with that attorney’s legal representation. The defendant has received from the 

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defendant’s attorney explanations satisfactory to the defendant concerning each 

paragraph of this plea agreement, each of the defendant’s rights affected by this 

agreement, and the alternatives available to the defendant other than entering into this 

agreement. Because the defendant concedes that the defendant is guilty, and after 

conferring with the defendant’s attorney, the defendant has concluded that it is in the 

defendant’s best interest to enter into this plea agreement and all its terms, rather than to 

proceed to trial in this case.

15. Entirety of agreement: This document is a complete statement of the 

parties’ agreement and may not be modified unless the modification is in writing and 

signed by all parties. This agreement supersedes any and all other promises, 

representations, understandings, and agreements that are or were made between the 

parties at any time before the guilty plea is entered in court. No promises or 

representations have been made by the United States except as set forth in writing in this 

plea agreement.

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27th July

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