David M. Zorn ow, Esq. 

Christopher J. Gunther, Esq. 

Skadden, Arps, Slate, Meagher & Flom LLP 

Four Times Square 

New York, NY 1003 

U.S. Department of Justice 

S. Amanda Marshall 

United States Attorney 

District of Oregon 

1000 SWThird Avenue, Suite 600 

Portland, OR 97204-2902 

April27, 2015 

Re: United States v. George R. Levey, Case No. 3:14-CR-201-HZ 

Plea Agreement Letter 

Dear Counsel: 

(503) 727-1000 

Fax (503) 727-1117 

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

District of Oregon (USAO or government), and defendant George Levey. This plea 

agreement does not bind any other federal, state, or local prosecuting, administrative, or 

regulatory authority. 

2. Charges: The defendant agrees to plead guilty to the single Count in the Information 

charging him with Honest Services Wire Fraud, in violation of 18 U.S.C. § 131; 1346. 

3. Elements: In order for the defendant to be found guilty, the government must prove the 

following elements beyond a reasonable doubt: 

(A) The defendant devised a scheme or artifice to defraud and to deprive the City of 

Portland, Oregon, ofthe intangible right of honest services of Ellis K. McCoy; 

(B) Ellis K. McCoy had a fiduciary duty to the citizens of the City of Portland, Oregon; 

(C) The scheme or artifice to defraud and to deprive the City ofPortland, Oregon, of the 

intangible right of honest services of Ellis K. McCoy involved the payment of 

bribes to Ellis K. McCoy; 

(D) The scheme or artifice to defraud and to deprive the City of Portland, Oregon, ofthe 

intangible right of honest services ofEllis K. McCoy involved material misrepresentations 

and/or omissions of material facts; 

(E) The defendant acted with the intent to defraud, that is, with the intent to deceive for 

the purpose of depriving the citizens of Portland, Oregon, of the honest services of Ellis K. 

Case 3:14-cr-00201-HZ Document 17 Filed 04/29/15 Page 1 of 6
Plea Agreement Letter for defendant George Levey 

Page 2 

McCoy. 

4. Penalties: The maximum sentence is twenty (20) years imprisonment, a fine of$250,000 

and three (3) years of supervised release. Conviction requires payment of a $100 fee 

assessment. 

The defendant agrees to pay the $100 fee assessment by the time of entry of guilty 

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

5. Factual Admissions: The defendant admits that the following is an accurate, though 

non-exhaustive, statement of the offense conduct with respect to Count One of the 

Information: 

During the time period alleged in Count One, defendant GEORGE R. LEVEY was either 

an executive for Schlumberger Industries, Inc. or the owner and president ofCale Parking 

Systems, USA, Inc. Schlumberger Industries, Inc. and Cale Parking Systems, USA, Inc. 

conducted business with the City of Portland in connection with the City of Portland's 

smart parking meter program. In conducting such business, defendant LEVEY signed 

contracts with the City of Portland in which he affirmed no City of Portland employee 

would financially benefit from the business relationship between Schlumberger Industries 

I Cale Parking Systems and the City of Portland. 

Ellis K. McCoy was employed as the Transportation Division Manager- Parking 

Operations, Portland Bureau of Transportation, in Portland, Oregon. McCoy was the City 

of Portland employee primarily responsible for the day-to-day operation of the City of 

Portland's smart parking meter program. In this position, McCoy had a fiduciary duty to 

the citizens of the City of Portland, Oregon. 

From approximately January 2002 through July 2011, defendant GEORGE R. LEVEY 

devised a scheme or artifice to defraud and to deprive the City of Portland, Oregon, ofthe 

intangible right of honest services of Ellis K. McCoy by paying bribes to Ellis K. McCoy 

intending to influence Ellis K. McCoy in connection with the business of, and the 

transactions of, the City of Portland's Bureau of Transportation. To effectuate the 

scheme, defendant LEVEY transmitted wire communications in interstate commerce, 

principally e-mail communications to Ellis K. McCoy and to the employees of 

Schlumberger Industries and Cale Parking Systems. 

Beginning in 2002 and continuing to July 2011, defendant GEORGE R. LEVEY bribed 

Ellis K. McCoy by: paying some or all of the travel, lodging, meals, and greens fee 

expenses associated with golf trips defendant Ellis K. McCoy took to golfing destinations; 

paying some or all of the travel, lodging, meals, adult entertainment, and other expenses 

associated with gambling trips Ellis K. McCoy took to casinos, including casinos located in 

Las Vegas, Nevada; paying some or all ofthe meals, adult entertainment, and other 

entertainment expenses associated with Ellis K. McCoy attending parking industry 

conventions or conferences; paying for some or all of the travel, lodging, and meals 

expenses associated with vacation trips by Ellis K. McCoy; using a consulting company 

Case 3:14-cr-00201-HZ Document 17 Filed 04/29/15 Page 2 of 6
Plea Agreement Letter for defendant George Levey 

Page 3 

owned and operated by a former employee as a conduit for bribe payments characterized as 

consulting fees to Ellis K. McCoy; and disguising $56,675 in bribe payments as consulting 

fees paid to EKM Consulting, an entity McCoy created to conceal the true nature of the 

bribe payments. 

From June 2008 through July 2011, defendant GEORGE R. LEVEY maintained a 

spreadsheet on which he tracked the number of smart parking meters defendant LEVEY's 

company installed in Portland, Oregon, Hood River, Oregon, and in three cities in the state 

of Washington, and multiplied the total number of smart parking meters installed by $1 00 

per meter, intending to pay the resulting amount $13 7,100- to Ellis K. McCoy when 

McCoy ended his employment with the City of Portland. Defendant LEVEY 

communicated to McCoy in e-mails that defendant LEVEY intended to pay this amount to 

McCoy. [The government and the defendant agree that the inclusion of this 

paragraph in the Factual Admissions section of this Plea Agreement does not 

constitute the defendant's agreement that the $137,100 was a bribe and can be used 

to calculate the defendant's sentencing guideline range and further agree the 

defendant can, as set out in paragraph 6(B), below, oppose the use of the $137,100 to 

calculate the defendant's sentencing guideline range.] 

It was part of the scheme to defraud that defendant GEORGE R. LEVEY made bribe 

payments to Ellis K. McCoy in return for McCoy, acting in his official capacity as a 

Manager in the Portland Bureau of Transportation: 1) speaking favorably about the 

products and services of defendant LEVEY's companies to public employees in cities 

other than Portland involved in the decision about which companies to use to supply 

products and services relating to smart parking meters; and 2) disclosing to defendant 

LEVEY information that would assist defendant LEVEY's companies in securing 

contracts to install smart parking meters in cities other than Portland, Oregon, that McCoy 

had learned during conversations with public employees in these other cities. 

It was further part of the scheme to defraud that defendant GEORGE R. LEVEY made 

bribe payments to Ellis K. McCoy so that McCoy, acting in his official capacity as a 

Manager in the Portland Bureau of Transportation, would assist LEVEY's companies in 

securing and retaining contracts and contract expansions with the City of Portland. Such 

assistance from McCoy took the form of, among other actions: 1) McCoy providing advice 

to defendant LEVEY concerning the drafting of contract proposals to be submitted to the 

City of Portland; 2) McCoy participating in the drafting and submitting of reports and 

recommendations to the Portland City Council concerning city action in awarding 

contracts to defendant LEVEY's companies; 3) McCoy disclosing to defendant LEVEY 

internal deliberations of the Portland City Council and ofthe Portland Bureau of 

Transportation; and 4) McCoy testifying before the Portland City Council in favor of 

awarding contracts and contract expansions to defendant LEVEY's companies. 

Case 3:14-cr-00201-HZ Document 17 Filed 04/29/15 Page 3 of 6
Plea Agreement Letter for defendant George Levey 

Page 4 

6. 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. 

7. Bribe Amount: (A) The defendant and the government agree that pursuant to USSG § 

2C 1.1 (b )(2) and 2B 1.1 (b )(I), the $56,675 the defendant paid to Ellis K. McCoy in the form 

of fictitious consulting services and $1 0,131 in the form of checks and cash from the 

defendant to McCoy constitute bribes. 

(B) The defendant understands and agrees that the government will request that the 

Probation Office and the Court include in the total bribe amount to be used to calculate the 

defendant's sentencing guideline range the $137,100 the defendant tracked on a 

spreadsheet and intended to pay Ellis K. McCoy after McCoy ended his employment with 

the City of Portland. The government agrees the defendant can contest the inclusion of 

the $137,100 in the total bribe amount to be used to calculate the defendant's sentencing 

guideline range. 

8. Advisory Guideline Calculation: The parties agree that the following advisory guideline 

calculation applies to Counts One: 

Base offense level [USSG § 2Cl.l(a)(2)] ............................... 12 

More than one bribe [USSG § 2Cl.l(b)(l)] ............................. 2 

lfbribe amount of$66,806 [2Bl.1(b)(l)(D)].............................. 6 

Ifbribe amount of$203,808 [2Bl.1(b)(l)(G)]............................. 12 

9. Acceptance of Responsibility: The defendant must demonstrate to the Court he fully 

admits and accepts responsibility under U.S.S.G. § 3E1.1 for his unlawful conduct in this 

case. If defendant does so, the USAO will recommend a three-level reduction in 

defendant's offense level (two levels if the defendant's offense level is less than 16). The 

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

plea and sentencing, commits any criminal offense, obstructs or attempts to obstruct justice 

as explained in U.S.S.G. § 3Cl.1, or acts inconsistently with acceptance of responsibility 

as explained in U.S.S.G. § 3El.l. 

10. Government Sentencing Recommendation: The government agrees to request a term 

of imprisonment at the low end of the applicable guideline range. 

Case 3:14-cr-00201-HZ Document 17 Filed 04/29/15 Page 4 of 6
11. Waiver of Appeal/Post-Conviction Relief: The 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. Should the defendant seek an appeal despite this waiver, the 

USAO may take any position on any issue on appeal. The 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). 

12. 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 other party. 

13. Breach of Plea Agreement: If defendant breaches the terms of this agreement, or 

commits any new criminal offenses between signing this agreement and sentencing, the 

USAO is relieved of its obligations under this agreement, but defendant may not withdraw 

any guilty plea. 

14. 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. 

Sincerely, 

S. AMANDA MARSHALL 

~;.esAD.ey~ 

SETH D. URAM 

Assistant United States Attorney 

Case 3:14-cr-00201-HZ Document 17 Filed 04/29/15 Page 5 of 6
Plea Agreement Letter for defendant George Levey 

Page 6 

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. 

I represent the defendant as legal counsel. I have carefully reviewed every part of this 

agreement with defendant. To my knowledge, defendant's decisions to make this agreement and 

to plead guilty are informed and voluntary ones. 

Date Attorney for Defendant 

Case 3:14-cr-00201-HZ Document 17 Filed 04/29/15 Page 6 of 6