LY 

PORTLAND MAIN OFFICE 

1000 SW Third A venue, Suite 600 

Portland, Oregon 97204 

(503) 727-1000 

www.usdoj.gov/usao/or 

EUGENE BRANCH 

405 E 8th A venue, Suite 2400 

Eugene, Oregon 97401 

(541) 465-6771 

Gary Y. Sussman 

Assistant U.S. Attorney 

gary.sussman@usdoj .gov 

(503) 727-1030 

Reply to Portland Office 

Richard L. McBreen III 

Owens & McBreen, P.C. 

U.S. DEPARTMENT OF JUSTICE 

United States Attorney's Office 

District of Oregon 

Billy J. Williams, United States Attorney 

April30,2018 

319 SW Washington St., Suite 614 

Portland, Oregon 97204 

Re: United States v. Andre Eugene Shaw 

Case No. 3: 15-CR-00227-SI 

Dear Mr. McBreen: 

This letter will set forth the government's plea offer in this case. 

MEDFORD BRANCH 

310 West Sixth Street 

Medford, Oregon 97501 

(541) 776-3564 

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, except as specifically provided herein. This 

agreement does not apply to any charges other than those specifically mentioned herein. 

2. Charges and Penalties: Defendant agrees to waive indictment and plead guilty to 

Counts 1-5 of a superseding information. the USAO will file, charging him as follows: 

a. Count 1 charges the offense of interfering with commerce by extortion, in 

violation of 18 U.S.C. §§ 195 l(a) and 2. That offense carries a maximum penalty of 20 

years' imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 

statutory fee assessment. 

b. Counts 2 and 3 charge the offense of transmitting threatening communications 

in interstate commerce with the intent to extort, in violation of 18 U.S.C. § 875(d). Each of 

those offenses carries a maximum penalty of two years' imprisonment, a $250,000 fine, a 

one-year term of supervised release, and a $100 statutory fee assessment. 

c. Count 4 charges the offense of money laundering, in violation of 18 U.S.C. 

§ 1956(a)(l)(B)(i). That offense carries a maximum penalty of20 years' imprisonment, a 

$500,000 fine, a three-year term of supervised release, and a $100 statutory fee assessment. 

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d. Count 5 charges the offense of possession of an unregistered short-barreled 

rifle, in violation of26 U.S.C. § 586l(d). That offense carries a maximum penalty often 

years' imprisonment, a $10,000 fine, a three-year term of supervised release, and a $100 

statutory fee assessment. 

Defendant will also admit the first, second, and third forfeiture allegations in the 

superseding information, and agrees to forfeit to the United States, or to abandon any right, 

title, or interest in, the property set forth below. 

In addition to the penalties described above, defendant understands that he may be 

required to pay restitution to the victims of the offenses to which he is pleading guilty. 

Defendant agrees to pay the total fee assessment by the change of plea hearing or explain to 

the court why he cannot do so. 

3. Dismissal/No Additional Prosecution: In exchange for defendant's guilty pleas, the 

USAO will move to dismiss the original and superseding indictments at the time of 

sentencing. In addition, the USAO agrees to neither file nor seek any new or additional 

federal criminal charges against defendant in the District of Oregon, presently known to the 

USAO, arising out of the investigation in this case. However, that agreement does not 

include any charges that may arise from anything contained on any computer or electronic 

data storage device or medium seized from defendant during the investigation in this case 

that remains encrypted at the time defendant enters his guilty pleas. Defendant expressly 

understands that the USAO makes no promises of any kind as to any potential future 

charges arising from anything contained on any encrypted device. 

4. Sentencing Factors: The parties agree that the court must determine an advisory 

sentencing guideline range pursuant to the United States Sentencing Guidelines 

(U.S.S.G.). The court will then determine a reasonable sentence within the statutory 

range after considering the advisory sentencing guideline range and the factors listed in 

18 U.S.C. § 3553(a). The parties' agreement herein to any guideline sentencing factors 

constitutes proof of those factors sufficient to satisfy the applicable burden of proof. 

5. Relevant Conduct: The parties agree that defendant's relevant conduct, as 

defined in U.S.S.G. § lBl.3, includes all of the unlawful conduct alleged in both the 

superseding indictment and the superseding information. For sentencing purposes, the 

parties agree that Counts 1 and 2 of the superseding information will constitute one group 

under the sentencing guidelines, Counts 3 and 4 will constitute a second separate group, 

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Page 3 

and Count 5 will constitute a third separate group. The parties agree that the following 

guideline calculations presently apply in this case: 

Count 1 

Base offense level [U.S.S.G. § 2B3.2(a)] .............................................................. 18 

Amount demanded> $95,000 [§§ 2B3.2(b)(2) & 2B3.l(b)(7)] ............................ +2 

Adjusted offense level .......................................................................................... 20 

Count 2 

Base offense level [U.S.S.G. § 2B3.3(a)] ................................................................ 9 

Amount demanded> $95,000 [§§ 2B3.3(b)(l) and 2Bl.l(b)(l)] ......................... +8 

Adjusted offense level .......................................................................................... 17 

Count 3 

Base offense level [U.S.S.G. § 2B3.3(a)] ................................................................ 9 

Amount demanded > $20,000 ................................................................................ +4 

Adjusted offense level .......................................................................................... 13 

Count 4 

Base offense level [U.S.S.G. § 2Sl.l(a)(l)] .......................................................... 13 

Conviction under 18 U.S.C. § 1956 [§ 2Sl.l(b)(2)(B)] ........................................ +2 

Adjusted offense level .......................................................................................... 15 

Count 5 

Base offense level [U.S.S.G. § 2K2.l(a)(5)] ......................................................... 18 

Three or more firearms[§ 2K2.l(b)(l)] ................................................................. +2 

Adjusted offense level .......................................................................................... 20 

Multiple Count Adjustment 

Group One adjusted offense level [Counts 1 & 2] ................................................. 20 

Group Two adjusted offense level [Counts 3 & 4] ................................................ 15 

Group Three adjusted offense level [Count 5] ....................................................... 20 

Case 3:15-cr-00227-SI Document 77 Filed 05/09/18 Page 3 of 14
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April 30, 2018 

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Total number of units [U.S.S.G. § 3Dl.4] ......................................................... 2 1/2 

Combined adjusted offense level. ........................................................................ 23 

Except as provided below, the parties agree that no additional specific offense 

characteristics or cross-references as set forth in U.S.S.G. §§ 2B3.2, 2B3.3, 2K2.l, and 

2Sl.l, and no aggravating or mitigating factors as set forth in U.S.S.G. Chapters Three or 

Five presently apply to this case. 

8. Acceptance of Responsibility: Defendant must demonstrate to the court that he 

fully admits and fully accepts responsibility for his unlawful conduct in this case. If 

defendant does so, the USAO agrees to recommend a three-level reduction for acceptance 

of responsibility under U.S. S. G. § 3E1.1 (two levels if defendant's combined adjusted 

offense level is less than 16). The USAO reserves the right to change this 

recommendation if defendant, between plea and sentencing, commits any new or 

additional criminal offense, obstructs or attempts to obstruct justice as explained in 

U.S.S.G. § 3Cl.l, or does anything inconsistent with acceptance of responsibility as 

explained in U.S.S.G. § 3El. l. 

9. Sentencing Recommendation: So long as defendant demonstrates an acceptance 

of responsibility, the government will recommend a sentence at the high end of the 

applicable advisory guideline range, but will not seek an upward departure or variance. 

Defendant may seek a lower sentence. 

10. Additional Departures, Adjustments, or Variances: 

A. Defendant reserves the right to seek a downward departure, adjustment, or 

variance from the applicable sentencing guideline range determined by the Court. The 

government will oppose any such request. 

B. Defendant agrees that if he seeks such a departure, adjustment, or variance, 

he will provide the government with notice of: (1) the factual basis for such request; (2) 

any evidence he intends to introduce or rely upon at the sentencing hearing; and (3) any 

witnesses, including expert witnesses, he intends to call or rely upon at the sentencing 

hearing. Such notice must be provided to the government no later than the Wednesday 

prior to the week during which the sentencing hearing is scheduled. If defendant fails to 

comply with this notice requirement, he will not oppose a government motion for a 

postponement of the sentencing hearing. 

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Richard L. McBreen III 

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Page 5 

11. Waiver of Appeal/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: (1) 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. Defendant's waiver includes, but 

is not limited to, any challenges to the constitutionality of the statutes to which defendant 

is pleading guilty and any argument that the facts to which defendant admits are not 

within the scope of the statutes. 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). 

12. Court Not Bound: Pursuant to Fed. R. Crim. P. l l(c)(l)(B), the court is not 

bound to adopt or accept the recommendations of the parties or the presentence report 

writer. Defendant may not withdraw any guilty plea or rescind this plea agreement if the 

court does not follow the agreements or recommendations herein. 

13. Full Disclosure/Reservation of Rights: The USAO reserves the right to oppose 

or contest any argument made or motion filed by defendant at any time. The USAO also 

reserves the right to challenge statements of fact or guideline calculations in the 

presentence report, and will fully inform both the comi and the U.S. Probation Office of 

the facts of this case and the bases for its recommendations. 

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

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

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

withdraw any guilty plea. 

If defendant believes that the government has breached the plea agreement, he 

must raise any such claim before the district court, either prior to or at sentencing. If 

defendant fails to raise such a claim in district court, he has waived that claim and is 

precluded from raising such a claim for the first time on appeal. 

Case 3:15-cr-00227-SI Document 77 Filed 05/09/18 Page 5 of 14
Richard L. McBreen III 

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15. Elements and Facts: Defendant understands that the elements of the offense of 

interference with commerce by extortion are as follows: 

a. On or about the dates alleged in Count 1 of the superseding information, in 

the District of Oregon, defendant knowingly induced the victim identified 

in that count to part with property or money by the wrongful use of actual 

or threatened force, violence, or fear; 

b. Defendant acted with the intent to obtain property; and 

c. Commerce from one state to another was or would have been affected in 

someway. 

Defendant understands that the offense of interstate communications with the 

intent to extort are as follows: 

a. On or about the dates alleged in Counts 2 and 3 of the superseding 

information, in the District of Oregon, defendant knowingly sent a message 

in interstate commerce containing a true threat to injure the reputation of 

the person identified in each count, or to accuse that person of a crime; 

b. Defendant did so with the intent to extort money or something else of 

value. · 

Defendant understands that the elements of the offense of money laundering are as 

follows: 

a. On or about the date alleged in Count 4 of the superseding information, in 

the District of Oregon, defendant conducted a financial transaction 

involving property that represented the proceeds of transmitting interstate 

communications with the intent to extort; 

b. Defendant knew that the property represented the proceeds of some form of 

unlawful activity; and 

c. Defendant knew that the transaction was designed in whole or in part to 

conceal or disguise the nature, location, source, ownership, or control of the 

proceeds. 

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Richard L. McBreen III 

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Page 7 

Defendant understands that the elements of possession of a short-barreled rifle are 

as follows: 

a. On or about the date alleged in Count 5 of the superseding information, in 

the District of Oregon, defendant knowingly possessed a firearm, as defined 

in the National Firearms Act; 

b. The firearm was a rifle having a barrel less than 16 inches in length; 

c. Defendant knew the barrel was less than 16 inches in length; 

d. The rifle was in operating condition; and 

e. The firearm was not registered to defendant in the National Firearms 

Registration and Transfer Record. 

Defendant stipulates that the government can present facts sufficient to prove each 

of the foregoing offenses beyond a reasonable doubt, including the following: 

a. "JAD" was a producer of and trader in child pornography. Beginning in or 

around October 2011, JAD was extorted online by a person or persons who 

used the screen names "Blackhands" and "Redeemer." 

b. "Blackhands" contacted JAD via email, told JAD he knew who JAD was 

and what he was doing, and initially demanded payment of $10,000 or his 

life would be over. JAD could not pay that amount in a lump sum, so he 

arranged to pay $1,000 per month. JAD paid $1,000 per month for about a 

year and a half. The monthly payment amount was reduced to $500 after 

JAD agreed to receive payments from other extortion victims and forward 

the payments to someone named "Joe," who was later identified as 

defendant. At first, JAD sent his extortion payments via Western Union 

money transfers. Eventually, he paid defendant directly. 

c. According to JAD, defendant provided him with false identification 

documents, including driver's licenses and military contractor identification 

cards, in a number of different names. JAD received extortion payments 

from a number of individuals via electronic money transfers, and gave the 

money to defendant. 

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Richard L. McBreen III 

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Page 8 

d. At one point, the extortionist increased the amount of money demanded to 

$100,000, and also demanded that JAD turn his own prepubescent daughter 

over to Joe. It was JAD's understanding that Joe or someone else was 

going to use his daughter to produce child pornography. JAD turned his 

daughter over to defendant (who he knew as "Joe") two or three separate 

times. JAD drugged his daughter each time. On the last occasion, JAD 

was directed to bring certain props (such as costumes, make up, arid sex 

toys) and a digital camera with a memory card. He did as he was told. At 

the end of that day, defendant returned JAD's daughter, the box of props, 

and the digital camera (minus the memory card). Defendant's palm print 

was found on the outside of the box. 

e. One of the people from whom JAD collected money for defendant was 

"KAS." KAS, who lived in California, reported receiving an email in or 

around January 2014 that contained screen shots of his computer, including 

work and personal emails, social media profiles, banking information, and 

the like. KAS said he had been viewing homosexual pornography - but not 

child pornography - on the internet. The email threatened to ruin his life if 

he did not pay. He was given seven days to pay $500 or risk exposure. 

KAS sent the money as instructed via a Western Union money transfer. 

f. After making the initial payment, KAS was given the option of continuing 

to pay $500 monthly or make a lump sum payment of $20,000. KAS 

decided to pay the lump sum amount. He was directed to fly to Portland to 

deliver the money in person. KAS took out a personal loan, flew to 

Portland, obtained the money from a local bank branch, and delivered the 

money to JAD at a local coffee shop. JAD gave the money to defendant. 

g. In all, JAD received at least $68,000 in extortion payments from various 

victims, which he then gave to defendant. In addition, Western Union and 

MoneyGram documents revealed numerous wire transfers from multiple 

individuals directly to defendant, under various alias names. 

h. On December 18, 2014, agents and task force officers of the FBI executed a 

search warrant at defendant's residence. They seized computer equipment 

and digital data storage media; false identification documents bearing 

defendant's photograph and many of the alias names used to receive 

electronic money transfers; supplies, equipment, and implements for 

making false identification documents; numerous firearms, magazines, and 

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Richard L. McBreen III 

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Page 9 

ammunition, including a Bushmaster .223 caliber assault rifle with a barrel 

less than 16 inches in length and three homemade silencers; police and 

DEA badges; a ballistic vest; and various coins, cash, and precious metals, 

including silver bars, silver coins, and gold coins. The Bushmaster rifle 

was not registered to defendant in the National Firearms and Transfer 

Record as required by law. 

L Among the digital data storage media were a number of compact discs 

containing a printed image of a black, silhouetted figure with a large, 

prominently extended hand (a "black hand" of sorts). Each disc had a set of 

initials and an alpha-numeric code. The initials match those of many of the 

extortion victims (including JAD and KAS) who sent payments either 

directly to defendant, or to defendant through JAD. Most of the computer 

equipment and data storage media (including the compact discs) remain 

encrypted. Their actual contents are unknown. 

16. Restitution: The Court shall order restitution to each victim in the full amount of 

each victim's losses as determined by the Court. Defendant agrees to pay restitution for 

all losses proximately caused by defendant's conduct, regardless of whether counts of the 

indictment or information dealing with such losses will be dismissed as part of this plea 

agreement. 

Defendant understands and agrees that the total amount of any monetary judgment 

that the court orders defendant to pay will be due and payable immediately. Defendant 

further understands and agrees that pursuant to Title 18, United States Code, Section 

3614, he may be resentenced to any sentence that could have originally been imposed if 

the court determines that he knowingly and willfully refused to pay restitution as ordered 

or failed to make sufficient bona fide efforts to pay restitution. Additionally, defendant 

understands and agrees that the government may enforce collection of restitution imposed 

in this case pursuant to Title 18, United States Code, Sections 3572, 3613, and 3664(m), 

notwithstanding any initial or subsequently modified payment schedule set by the court. 

Defendant understands that any monetary debt he owes in connection with this matter 

may be included in the Treasury Offset Program (TOP) to potentially offset his federal 

retirement benefits, tax refunds, and other federal benefits. 

Pursuant to Title 18, United States Code, Section 3612(b )(F), defendant 

understands and agrees that until a restitution order is paid in full, he must notify the 

USAO of any change in his mailing address or residence address within 30 days of the 

change. Further, pursuant to Title 18, United States Code, Section 3664(k), defendant 

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Richard L. McBreen III 

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Page 10 

must immediately notify the court and the USAO of any material change in his economic 

circumstances that might affect his ability to pay restitution, including but not limited to 

new or changed employment, increases in income, inheritances, monetary gifts, or any 

other acquisition of assets or money. 

Defendant expressly authorizes the USAO to obtain his credit report. Defendant 

agrees to provide waivers, consents, or releases requested by the USAO to access records 

to verify financial information. Defendant also authorizes the USAO to inspect and copy 

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

Defendant agrees to notify the Financial Litigation Unit of the USAO before he 

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. 

17. Forfeiture and Abandonment Terms: 

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

and voluntarily forfeits all right, title, and interest in and to $105,000 pursuant to 18 

U.S.C. § 98l(a)(l)(C) and 28 U.S.C. § 2461(c), which defendant admits represents 

proceeds he personally obtained, directly or indirectly, as a result of his criminal activity 

set forth in Counts 1-3 of the superseding information, and pursuant to 18 U.S.C. 

§ 982(a)(l), which defendant admits represents property, real or personal, involved in the 

money laundering offense as set forth in Count 4 of the superseding information. 

Defendant knowingly forfeits all right, title, and interest in and to the following 

substitute assets, pursuant to 21 U.S.C. § 853(p), in partial satisfaction of the above-listed 

money judgment: 

• Precious Metals/Coins (all valued at $71,013.76): 

o 1B80/1B 108, which consists of 60 silver coins contained in three sleevelike containers, valued at $1,024.80; 

o 1B81/1B109, which consists of 69 silver coins contained in three sleeve-like 

containers, valued at $1,178.52; 

o 1B82/1B 110, which consists of 51 "5 dollar Elizabeth II coins" contained 

in two sleeve-like containers, valued at $871.08; 

o 1B83/1Bl 11, which consists of 57 silver coins contained in three sleevelike containers, valued at $973.56; 

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o B84/1B 112, which consists of 60 silver coins contained in three sleeve-like 

containers, valued at $1,024.80; 

o 1B86, which consists of 45 ten-Troy-ounce silver bars, valued at $7,886.00; 

o 1B87, which consists of 31 ten-ounce silver bars and one 100-ounce silver 

bar, valued at $7,002.80; 

o 1B88, which consists of 15 ten-ounce silver bars, two 100-ounce silver 

bars, eight one-ounce silver coins contained in a sleeve, four fine one-ounce 

gold coins, 160 one-ounce silver coins, and 15 one-ounce gold coins, 

valued at $34,326.44; 

o 1B89, which consists of one 100-ounce silver bar and 31 ten-ounce silver 

bars, valued at $7,002.80; 

o 1Bl05, which consists of one 100-ounce silver bar, 21 loose ten-ounce 

silver bars and ten ten-ounce silver bars in a clear envelope protector, 

valued at $7,002.80; 

o 1Bl06, which consists of two South African collectible gold coins and two 

one-Troy-ounce silver coins, valued at $2, 720.16; 

• $13,344 in U.S. currency 

• Weapons and Ammunition (all valued at $1,770): 

o Glock Model 21 .45 caliber semi-automatic pistol, serial no. BLW363, 

valued at $500 , 

o Glock Model 30 .45 caliber semi-automatic pistol, serial no. CVX542, 

valued at $500 

o Mossberg 20ga shotgun with collapsible stock/taillight, serial no. 

UZ6Z639, valued at $250 

o AR-style upper barrel, DPMS 5.56 w/ rail in tactical bag, valued at $300 

o Six Glock .45 caliber magazines with .45 caliber ammunition, valued at 

$120 

o Four Glock .45 caliber magazines with .45 caliber ammunition with nylon 

magazine pouch, valued at $80 

o Glock .45 caliber magazine, no ammunition, valued at $20 

o Bandolier with 26 20-gauge shotgun shells, valued at $100 

Defendant also knowingly and voluntarily forfeits all right, title, and interest in 

and to a Bushmaster XM15-E2S .223 caliber semi-automatic rifle, with attachments, 

pursuant to 26 U.S.C. § 5842(a), which defendant admits is the firearm involved in the 

violation set forth in Count 5 of the superseding information. 

Defendant admits that he is the sole owner of the property specified in ''Notice of 

Abandonment of Property" provided to defendant with this plea letter. Defendant hereby 

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Page 12 

agrees to abandon all of his right, title, and interest in that property pursuant to Title 41, 

Code of Federal Regulations (CFR), Section 148-48.102.1, and waives any right to notice 

of any abandonment proceedings. 

At the conclusion of the case, including sentencing and any appeals, the United 

States will return to defendant or his designated representative the following property: 

• 707 brand motorcycle helmet with pink Mohawk ornament; 

• Iron mask with camo paint, designed by ColdBlood Art; 

• One collectible Canadian coin: 1883 Victoria half-penny, valuable item l 7C; 

• Collectible U.S. currency from valuable item l 8C - seven quarters; seven nickels; 

and 25 pennies; 

• Collectible U.S. currency from valuable item l 7C - one quarter; eight dimes; 21 

nickels; and 319 pennies; 

• One gold necklace with a gold dolphin and heart charm; and 

• One thumb drive containing files from "Eugene" folder taken from computer in 

RoomK. 

B. Agreement to Civil Forfeiture: Defendant agrees not to file a claim or to 

withdraw any claim already filed to any of the property listed above 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. 

C. No Alteration or Satisfaction: Defendant knowingly and voluntarily 

waives the right to a jury trial on the forfeiture of 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 forfeiture of his 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. 

D. Title Assistance: Defendant agrees to fully assist the USAO in the 

forfeiture of the listed assets and to take whatever steps are necessary to pass clear title to 

the United States, including but not limited to surrender of title and execution of any 

documents necessary to transfer defendant's interest in any of the above property to the 

United States, and assist in bringing any assets located outside the United States within 

the jurisdiction of the United States, and taking whatever steps are necessary to ensure 

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Page 13 

that assets subject to forfeiture are not sold, disbursed, wasted, hidden, or otherwise made 

unavailable for forfeiture. 

E. Assets Not Identified: The USAO reserves its right to proceed against any 

remaining assets not identified either in this agreement or in any civil actions that are 

being resolved along with this plea of guilty, including any property in which defendant 

has any interest or control, if said assets, real or personal, tangible or intangible, are 

subject to forfeiture. 

F. Disclosure of Assets: Defendant agrees to completely and truthfully 

disclose to law enforcement officials, at a date and time to be set by the USAO, the 

whereabouts of defendant's ownership interest in, and all other information known to 

defendant about, all monies, property, or assets of any kind in the possession of defendant 

or nominees, derived from or acquired as a result of, or involved in, or used to facilitate 

the commission of defendant's illegal activities, and to complete and deliver to the USAO 

no later than 30 days following the change of plea hearing a financial disclosure form 

listing all of defendant's assets. Defendant understands and acknowledges that the 

USAO is relying upon defendant's representations in entering into this plea agreement. If 

those representations are false or inaccurate in any way, the USAO may pursue any and 

all forfeiture remedies available, may seek to have the plea agreement voided, and may 

seek to have defendant's sentence enhanced for obstruction of justice pursuant to 

U.S.S.G. § 3Cl.1. The parties agree that defendant's failure to timely and accurately 

complete and sign the financial disclosure statement, and any update thereto, may, in 

addition to any other penalty or remedy, constitute defendant's failure to accept 

responsibility under U.S. S. G § 3E1.1. 

G. Polygraph Examination: Defendant further agrees to submit to a 

polygraph examination on the issue of assets if it is deemed necessary by the United 

States, with an examiner selected by the USAO. If the examination results indicate an 

intent to deceive the USAO with respect to assets, defendant will be afforded the 

opportunity to review and explain the deceptive responses, and to obtain an independent 

polygraph examination. If, after consideration of defendant's responses, the USAO is 

convinced that defendant's financial statement is not complete and truthful, the USAO is 

not limited to the forfeiture set forth in this agreement and is free to pursue all forfeiture 

remedies available. 

18. Total Agreement: This letter states the full extent of the agreement between the 

parties. There are no other promises, representations, or agreements, either express or 

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Richard L. McBreen III 

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Page 14 

implied, by or between the parties. Defendant agrees that no officer, employee, or agent 

of the United States has threatened or coerced him to induce him to accept this offer. 

If defendant wishes to accept this off er under the· terms and conditions set forth 

herein, both of you should sign and date this letter in the spaces provided below. Please 

attach the signed original to the plea petition, and send me a copy at your earliest 

convemence. 

Very truly yours, 

BILLY J. WILLIAMS 

Assistant United States Attorney 

Isl Julia Jarrett 

JULIA JARRETT 

Assistant United States Attorney 

I FREELY AND VOLUNTARILY ACCEPT THE TERMS AND CONDITIONS 

OF THIS PLEA OFFER, AFTER FIRST REVIEWING AND DISCUSSING EACH 

PART OF IT WITH MY ATTORNEY. I AM SATISFIED WITH THE LEGAL 

ASSISTANCE PROVIDED TO ME BY MY ATTORNEY. I WISH TO PLEAD 

GUILTY BECAUSE I AM GUILTY. 

Date 

Defen 

~~ant 

UGENESHAW ~~ 

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. 

5/z f t<i 

Date RICHARD L. McBREEN III 

Attorney for Defendant 

Case 3:15-cr-00227-SI Document 77 Filed 05/09/18 Page 14 of 14