Mark C. Cogan, Esq. 

Crown Plaza Building, Suite 780 

1500 SW First A venue 

Portland, Oregon 97201 

U.S. Department of Justice 

S. Amanda Marshall 

United States Attorney 

District of Oregon 

I 000 SW Third Avenue, Suite 600 

Portland, OR 97204-2902 

AUSA Ryan W. Bounds 

April 16,2015 

Re: United States v. Tung Wing Ho, Case No. 3:14-cr-00282-KI-1 

Updated Plea Offer 

Dear Mr. Cogan: 

(503) 727-1000 

Fax (503) 727-ll 17 

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 1 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 Counts 2 and 3 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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Mark Cogan, Esq. 

Re: United States v. Tung Wing Ho 

April 16, 2015 

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

fraudulent theft, conversion, and sale of shoes worth at least $679,650. This conduct generates an 

offense level of20 pursuant to USSG § 281 .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 § 3E 1.1 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 § 3C1 .1, or acts inconsistently with acceptance ofresponsibility as explained in USSG 

§ 3El.l. 

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

and additional discovery, acceptance of responsibility forthe 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 § 3C 1.1, or acts inconsistently with acceptance of 

responsibility as explained in USSG § 3El.1. 

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

IO. Restitution: The parties agree that full restitution has been made to the victim, Nike Inc., 

through settlement and stipulated dismissal of the civil lawsuit Nike Inc. v. Ho, et al., 

3: 14-cv-00696-MO. 

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. § 98I(a)(l)(C) and 28 U.S.C. § 246l(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 

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Mark Cogan, Esq. 

Re: United States v. Tung Wing Ho 

April 16, 2015 

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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 

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 

$50,000 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 1 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 ofineffective 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 15, infra. 

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Mark Cogan, Esq. 

Re: United States v. Tung Wing Ho 

April 16, 2015 

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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 11 ( c )( 1 )(B) 

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

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

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. 

I 5. 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 63 Filed 04/21/15 Page 4 of 5
• 

Mark Cogan, Esq. 

Re: United States v. Tung Wing Ho 

April 16, 2015 

Page 5 

17. Deadline: This plea offer expires if not accepted by noon on April 21, 2015. 

Sincerely, 

S. AMANDA MARSHALL 

United States Attorney 

RY AN W. BOUNDS 

Assistant United States 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 

f'fao/I~ I Tung Wing 

Defendant 

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 Mark Cogan, Esq. C 

Attorney for Defendant 

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