Gerald Needham, Esq. 

Assistant Federal Public Defender 

101 SW Main Street, Suite 1700 

Portland, Oregon 97204 

.J 

U.S. Department of Justice 

S. Amanda Marshall 

United States Attorney 

District of Oregon 

1000 SW Third Avenue, Suite 600 

Portland, OR 97204-2902 

AUSA Ryan W. Bounds 

September 9, 2014 

Re: United States v. Jason Michael Keating, Case No. 3:14-cr-00282-KI-3 

Plea Offer 

Dear Mr. Needham: 

(503) 727-1000 

Fax (503) 727-1117 

Desk (503) 727-1141 

1. Parties/Scope: This plea agreement is between this United States Attorney's Office 

(USAO) and defendant, and thus does not bind any other federal, state, or local prosecuting, 

administrative, or regulatory authority. This agreement does not apply to any charges other than 

those specifically mentioned herein. 

2. Charges: Defendant agrees to plead guilty to Count I of the Indictment, which charges 

him with Conspiracy to Transport, Receive, and Sell Stolen Goods, in violation of 18 U.S.C. 

§ 371, and to admit the Forfeiture Allegation. 

3. Penalties: The maximum sentence for the offense charged in Count 1 is five years' 

imprisonment, a fine of $250,000, and 3 years of supervised release, in addition to a mandatory 

$100 fee assessment. Defendant agrees to pay the $100 fee assessment by the time of entry of his 

guilty plea or to explain to the Court why this cannot be done. 

4. No Prosecution on Other Charges: Upon defendant's conviction pursuant to this 

agreement, the USAO shall dismiss Count 5 of the Indictment and forgo additional charges against 

defendant in the District of Oregon arising out of this investigation, insofar as they are known to 

the USAO as of the date and time of this letter. 

5. Sentencing Factors: The parties agree that the Court must first determine the applicable 

advisory guideline range, then determine a reasonable sentence considering that range and the 

factors listed in 18 U.S.C. § 3553(a). Where the parties agree that sentencing factors apply, such 

agreement constitutes sufficient proof to satisfy the applicable evidentiary standard. 

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Gerald Needham, Esq. u 

Re: United States v. Jason Michael Keating 

September 9, 2014 

Page2 

6. Relevant Conduct: The parties agree that defendant's relevant conduct involved his 

receipt and sale of stolen shoes worth at least $679,650. This conduct generates an offense level 

of20 pursuant to USSG § 2Bl.l(a)(2) and (b)(l)(H). 

7. Acceptance of Responsibility: Defendant must demonstrate to the Court that he fully 

admits and accepts responsibility under USSG § 3El.1 for his unlawful conduct in this case. If 

defendant does so, the USAO will recommend a three-level reduction in his offense level. The 

USAO reserves the right to change this recommendation if defendant, between plea and 

sentencing, commits any criminal offense, obstructs or attempts to obstruct justice as explained in 

USSG § 3C 1.1, or acts inconsistently with acceptance of responsibility as explained in USSG 

§ 3El.1. 

8. Recommendation of Downward Variance: In light of defendant's waiver of motions 

and additional discovery, acceptance of responsibility for the full scope of the scheme of which the 

charged offenses were a part, and cooperation in the investigation, the USAO agrees to 

recommend an additional four-level downward variance from the otherwise applicable advisory 

Sentencing Guideline range. The USAO reserves the right to change this recommendation if 

defendant, between plea and sentencing, commits any criminal offense, obstructs or attempts to 

obstruct justice as explained in USSG § 3Cl.1, or acts inconsistently with acceptance of 

responsibility as explained in USSG § 3E 1.1. 

9. Low-End Recommendation: If defendant enters a timely plea of guilty, accepts 

responsibility as described in paragraphs 7-8, supra, the USAO agrees to recommend that the 

Court impose a low-end sentence of imprisonment for one year and one day, followed by three 

years of supervised release. 

10. Restitution: The recommendations described in paragraphs 7 through 9, supra, are also 

conditioned upon defendant's agreement to restitution and compliance with Title 18, United States 

Code, Section 3664(d)(3) (financial affidavit, Mandatory Victims Restitution Act). 

A. Disclosure of Financial Information: Defendant agrees fully to disclose all assets 

in which he has any interest or over which he exercises control, directly or indirectly, including 

those held by a spouse, nominee or third party. Defendant agrees to truthfully complete the 

financial statement form provided herein by the earlier of 14 days from defendant's signature on 

this plea agreement or the date of defendant's entry of a guilty plea, to sign that form under penalty 

of perjury, and to provide it to both the USAO and the United States Probation Office. Defendant 

agrees to provide updates with any material changes in circumstances, as described in 18 U.S.C. 

§ 3664(k), which occur prior to sentencing, within seven days of the event giving rise to the 

changed circumstances. 

B. Credit Report: Defendant expressly authorizes the USAO to obtain a credit report on 

him. Defendant agrees to provide waivers, consents, and releases as requested by the USAO to 

access records to verify the financial information, such releases to be valid for a period extending 

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Gerald Needham, Esq. '--' 

Re: United States v. Jason Michael Keating 

September 9, 2014 

Page 3 

90 days from the date of sentencing. Defendant also authorizes the USAO to inspect and copy all 

financial documents and information held by the U.S. Probation Office. 

C. Potential Breach: Defendant's failure timely and accurately to complete and to 

execute the financial statement as described in subparagraph A, supra, as well as any update 

thereto, may constitute a failure to accept responsibility under USSG § 3E 1.1 and be deemed a 

material breach of this agreement. 

D. Transfer of Assets: Prior to sentencing, defendant agrees to notify the Financial 

Litigation Unit of the USAO before the defendant transfers any interest in property with a value 

exceeding $1,000 owned directly or indirectly, individually or jointly, by defendant, including any 

interest held or owned under any name, including trusts, partnerships and corporations. 

E. Restitution Amount: The USAO and defendant agree that the preponderance of 

evidence supports a finding that the victims' losses resulting from defendant's charged offenses is 

$35,000, which liability shall be imposed jointly and severally upon defendant and TUNG WING 

HO and KYLE KEO KI Y AMA GU CHI. Defendant expressly agrees to the entry of an order of 

restitution in that amount but acknowledges that the victim, Nike Inc., is entitled to seek, and the 

Court may order, restitution in a greater amount. 

F. Restitution Schedule: The Court shall order restitution to the victims in the full 

amount of their losses as required by law and determined by the Court. Defendant agrees that, 

while the Court sets the payment schedule, this schedule may be exceeded whenever defendant's 

financial circumstances change. In that event, and consistent with its statutory obligations, the 

United States may take any and all actions necessary to collect the maximum amount of restitution 

in the most expeditious manner available. 

11. Forfeiture Terms: 

A. Assets and Authority: By signing this agreement, defendant knowingly and 

voluntarily forfeits all right, title, and interest in and to all assets which are subject to forfeiture 

pursuant to 18 U.S.C. § 981(a)(l )(C) and 28 U.S.C. § 2461(c), including $21,750 in U.S. currency, 

$206,801 in U.S. currency, and a 2014 Mercedes, all of which were previously seized in this case 

and all of which defendant admits constitute the proceeds of defendant's criminal activity as set 

forth in Count 1 of the Indictment. Defendant agrees to the administrative forfeiture of the assets 

listed above, and further agrees not to file a claim to any of the listed property in any civil 

proceeding, administrative or judicial, which may be initiated. Defendant further waives the right 

to notice of any forfeiture proceeding involving this property, and agrees not to assist others in 

filing a claim in any forfeiture proceeding. Defendant knowingly and voluntarily waives the right 

to a jury trial on the forfeiture of the above-listed assets. Defendant knowingly and voluntarily 

waives all constitutional, legal and equitable defenses to the forfeiture of these assets, including 

any claim or defense under the Eighth Amendment to the United States Constitution, and any 

rights under Rule 32.2 of the Federal Rules of Criminal Procedure. Defendant further agrees that 

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Gerald Needham, Esq. '-...J 

Re: United States v. Jason Michael Keating 

September 9, 2014 

Page4 

forfeiture of these assets shall not be treated as satisfaction of any fine, restitution, cost of 

imprisonment, or any other penalty this Court may impose upon defendant in addition to 

forfeiture. 

B. Money Judgment: By signing this agreement, defendant knowingly and 

voluntarily forfeits all right, title, and interest in and to a money judgment in the amount of 

$97,709 pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c), which defendant admits 

represents additional proceeds of defendant's criminal activity set forth in Count I of the 

Indictment. This money judgment shall not be joint and several with defendant's co-defendants. 

Defendant knowingly and voluntarily waives the right to a jury trial on the forfeiture of this money 

judgment. Defendant knowingly and voluntarily waives all constitutional, legal and equitable 

defenses to the forfeiture of this money judgment, including any claim or defense under the Eighth 

Amendment to the United States Constitution, and any rights under Rule 32.2 of the Federal Rules 

of Criminal Procedure. Defendant further agrees forfeiture of this money judgment shall not be 

treated as satisfaction of any fine, restitution, cost of imprisonment, or any other penalty this Court 

may impose upon defendant in addition to forfeiture, nor is it satisfied in whole or in part by the 

assets referenced in 11.A, supra. Defendant agrees that forfeiture of substitute assets as 

authorized pursuant to 21 U.S.C. § 853(p) shall not be deemed an alteration of defendant's 

sentence. 

12. Waiver of Aooeal/Post-Conviction Relief: Defendant knowingly and voluntarily 

waives the right to appeal from any aspect of the conviction and sentence on any grounds, except 

for a claim that: (I) the sentence imposed exceeds the statutory maximum, or (2) the Court 

arrives at an advisory sentencing guideline range by applying an upward departure under the 

provisions of Guidelines Chapters 4 or 5K, or (3) the Court exercises its discretion under 18 U.S.C. 

§ 3553(a) to impose a sentence which exceeds the advisory guideline sentencing range as 

determined by the Court at sentencing. Should defendant seek an appeal, despite this waiver, the 

USAO may take any position on any issue on appeal. Defendant also waives the right to file any 

collateral attack, including a motion under 28 U.S.C. § 2255, challenging any aspect of the 

conviction or sentence on any grounds, except on grounds of ineffective assistance of counsel, and 

except as provided in Fed. R. Crim. P. 33 and 18 U.S.C. § 3582(c)(2). 

Defendant expressly agrees that this waiver shall remain effective in the event that the 

USAO alters its sentencing recommendation as provided in paragraphs 7-9, supra, or if defendant 

breaches this agreement as described in paragraph 14, infra. 

13. Court Not Bound: The Court is not bound by the recommendations of the parties or the 

presentence investigation report (PSR). Because this agreement is made under Rule l l(c)(l)(B) 

of the Federal Rules of Criminal Procedure, defendant may not withdraw any guilty plea or rescind 

this plea agreement if the Court does not follow the agreements or recommendations of the parties. 

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Gerald Needham, Esq. "'--' 

Re: United States v. Jason Michael Keating 

September 9, 2014 

Page 5 

14. Full Disclosure/Reservation of Rights: The USAO will fully inform the PSR-writer and 

the Court of the facts and law related to defendant's case. Except as set forth in this agreement, 

the parties reserve all other rights to make sentencing recommendations and to respond to motions 

and arguments by the opposition. 

15. Breach of Plea Agreement: It is expressly understood and agreed by the parties that, in 

addition to any violation of the terms herein stated, it shall constitute a material breach of this Plea 

Agreement by defendant if he, after executing this agreement, commits any further crime or 

violates any condition of release or supervision imposed by the Court (whether or not such crime 

or violation results in new charges or revocation ofrelease or supervision). 

If defendant breaches this agreement, the USAO shall be relieved of any obligation under 

this agreement, but defendant may not withdraw any guilty plea or his waiver of appeal and 

post-conviction relief as described in paragraph 12, supra. 

16. Memorialization of Agreement: No promises, agreements or conditions other than 

those set forth in this agreement will be effective unless memorialized in writing and signed by all 

parties listed below or confirmed on the record before the Court. If defendant accepts this offer, 

please sign and attach the original of this letter to the Petition to Enter Plea. 

(Continued on next page.) 

Case 3:14-cr-00282-SI Document 66 Filed 04/21/15 Page 5 of 6
Gerald Needham, Esq. <.....,, 

Re: United States v. Jason Michael Keating 

September 9, 2014 

Page6 

17. Deadline: This plea offer expires if not accepted by noon on September 15, 2014. 

Sincerely, 

S. AMANDA MARSHALL 

United States Attom~~ 

RY W.BOUN,. 

Assi ant United S~~ Attorney 

I have carefully reviewed every part of this agreement with my attorney. I understand and 

voluntarily agree to its terms. I expressly waive my rights to appeal as outlined in this agreement. 

I wish to plead guilty because, in fact, I am guilty. 

Date 

'i- 2\ - :20l5 

Defendant 

Jaso~hae~ I am legal counsel for defendant. I have carefully reviewed and discussed every part of 

this plea offer with defendant. To my knowledge defendant's decisions to accept this agreement 

and to plead guilty are informed and voluntary ones. 

Date erald Needham, Esq. 

Attorney for Defendant 

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