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4. AGREEMENT TO DISMISS OR NOT TO PROSECUTE

a. This office shall not prosecute the defendant for any other offenses
committed by the defendant, and known by the United States, in connection with the
matters detailed in the factual basis of this plea agreement.

b. This agreement does not, in any manner, restrict the actions of the United
States in any other district or bind any other United States Attorney’s Office.

5. COURT APPROVAL REQUIRED; REINSTITUTION OF PROSECUTION

a. If the Court, after reviewing this plea agreement, concludes that any
provision contained herein is inappropriate, it may reject the plea agreement and give the
defendant the opportunity to withdraw the guilty plea in accordance with Fed. R. Crim. P.
11(c)(5).

b. If the defendant’s guilty plea or plea agreement is rejected, withdrawn,
vacated, or reversed at any time, this agreement shall be null and void, the United States
shall be free to prosecute the defendant for all crimes of which it then has knowledge and
any charges that have been dismissed because of this plea agreement shall automatically
be reinstated. In such event, the defendant waives any and all objections, motions, and
defenses based upon the Statute of Limitations, the Speedy Trial Act, or constitutional
restrictions in bringing later charges or proceedings. The defendant understands that any
statements made at the time of the defendant’s change of plea or sentencing may be used
against the defendant in any subsequent hearing, trial, or proceeding subject to the
limitations of Fed. R. Evid. 410.

6. WAIVER OF DEFENSES AND APPEAL RIGHTS

The defendant waives (1) any and all motions, defenses, probable cause
determinations, and objections that the defendant could assert to the indictment or
information; and (2) any right to file an appeal, any collateral attack, and any other writ
or motion that challenges the conviction, an order of restitution or forfeiture, the entry of
judgment against the defendant, or any aspect of the defendant's sentence, including the

manner in which the sentence is determined, including but not limited to any appeals

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APPROVAL OF DEFENSE COUNSEL

I have discussed this case and the plea agreement with my client in detail and have
advised the defendant of all matters within the scope of Fed. R. Crim. P. 1], the
constitutional and other rights of an accused, the factual basis for and the nature of the
offense to which the guilty plea will be entered, possible defenses, and the consequences
of the guilty plea including the maximum statutory sentence possible. I have further
discussed the concept of the advisory Sentencing Guidelines with the defendant. No
assurances, promises, or representations have been given to me or to the defendant by the
United States or any of its representatives that are not contained in this written
agreement. I concur in the entry of the plea as indicated above and that the terms and
conditions set forth in this agreement are in the best interests of my client. I agree to
make a bona fide effort to ensure that the guilty plea is entered in accordance with all the
requirements of Fed. R. Crim. P. 11.

[24 fé Pe i

Date William Foreman
Attorney for Defendant

APPROVAL OF THE UNITED STATES
I have reviewed this matter and the plea agreement. I agree on behalf of the
United States that the terms and conditions set forth herein are appropriate and are in the
best interests of justice.
JOHN S. LEONARDO

United States Attorney
DistrigVof Arizona

| [ve lo ——N_
e 7 ul DOMINIC LANZA
Assistant U.S. Attorney

Dat

ACCEPTANCE BY THE COURT

Date United States District Judge

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or transfer of returned property the defendant receives may be offset and applied to
federal debts (which offset will not affect the periodic payment schedule). If the Court
imposes a schedule of payments, the schedule of payments shall be merely a schedule of
minimum payments and shall not be a limitation on the methods available to the United
States to enforce the judgment.
9. ELEMENTS
Theft/Embezzlement From Indian Tribal Organization
Beginning in or around 2006, and continuing to in or around 2013, in the District
of Arizona:
1. The defendant embezzled, stole, converted to his/her own use or the use of
another, misapplied, or permitted another person to misapply property;
2. The property belonged to an Indian tribal organization or was intrusted to
the custody or care of any officer, employee, or agent of an Indian tribal organization;
3. The property was valued in excess of $1,000.00; and
4, The defendant did so willfully.
10. FACTUAL BASIS
a. The defendant admits that the following facts are true and that if this matter
were to proceed to trial the United States could prove the following facts beyond a
reasonable doubt:
Between 2001 and September 2013, I was employed in the finance division of the
Salt River Pima-Maricopa Indian Community (“SRPMIC”). One of my job
responsibilities was to manage the financial accounts of approximately 35 tribal
members who could not, due to mental illness or other reasons, manage their own
affairs. In this capacity, I was responsible for collecting these individuals’ per
capita and Social Security checks and using the money to pay for their hospital
bills and living expenses. Between 2006 and 2013, I collected approximately
$326,000 on behalf of these individuals but embezzled a portion of this money—
more than $85,000 but not more than $290,000—so I could spend it on myself. I

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under 18 U.S.C. § 3742 (sentencing appeals) and motions under 28 U.S.C. §§ 2241 and
2255 (habeas petitions), and any right to file a motion for modification of sentence,
including under 18 U.S.C. § 3582(c). This waiver shall result in the dismissal of any
appeal, collateral attack, or other motion the defendant might file challenging the
conviction, order of restitution or forfeiture, or sentence in this case. This waiver shall
not be construed to bar an otherwise-preserved claim of ineffective assistance of counsel
or of “prosecutorial misconduct” (as that term is defined by Section II.B of Ariz. Ethics
Op. 15-01 (2015)).

7 DISCLOSURE OF INFORMATION

a. The United States retains the unrestricted right to provide information and
make any and all statements it deems appropriate to the U.S. Probation Office and to the
Court in connection with the case.

b. Any information, statements, documents, and evidence that the defendant
provides to the United States pursuant to this agreement may be used against the
defendant at any time.

c. The defendant shall cooperate fully with the U.S. Probation Office. Such
cooperation shall include providing complete and truthful responses to questions posed
by the U.S. Probation Office including, but not limited to, questions relating to:

(1) criminal convictions, history of drug abuse, and mental illness; and
(2) financial information, including present financial assets or liabilities
that relate to the ability of the defendant to pay a fine or restitution.
8. FORFEITURE, CIVIL, AND ADMINISTRATIVE PROCEEDINGS

a. Nothing in this agreement shall be construed to protect the defendant from
administrative or civil forfeiture proceedings or prohibit the United States from
proceeding with and/or initiating an action for civil forfeiture. Pursuant to 18 U.S.C. §
3613, all monetary penalties, including restitution imposed by the Court, shall be due
immediately upon judgment, shall be subject to immediate enforcement by the United

States, and shall be submitted to the Treasury Offset Program so that any federal payment

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probation/supervised release, my probation/supervised release may be revoked and upon
such revocation, notwithstanding any other provision of this agreement, 1 may be
required to serve a term of imprisonment or my sentence otherwise may be altered.

This written plea agreement, and any written addenda filed as attachments to this
plea agreement, contain all the terms and conditions of the plea. Any additional
agreements, if any such agreements exist, shall be recorded in a separate document and
may be filed with the Court under seal; accordingly, additional agreements, if any, may
not be in the public record.

I further agree that promises, including any predictions as to the Sentencing
Guideline range or to any Sentencing Guideline factors that will apply, made by anyone
(including my attorney) that are not contained within this written plea agreement, are null
and void and have no force and effect.

Iam satisfied that my defense attorney has represented me in a competent manner.

I fully understand the terms and conditions of this plea agreement. I am not now
using or under the influence of any drug, medication, liquor, or other intoxicant or
depressant that would impair my ability to fully understand the terms and conditions of
this plea agreement.

t/; s/h ‘BA. Mo

Datel 7 reida Battise-Moore
Defendant



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va
___ FLED J open
___REOEIVED _ Copy

JAN 2 8 2016 E

CLERK U 8 DISTRICT COURT
JOHN S. LEONARDO DISTRICT OF ARIZONA
United States Attorney BY, EPUTY
District of Arizona v

Dominic Lanza

Assistant U.S. Attorney
California State Bar No. 225989
Two Renaissance Square

40 N. Central Ave., Suite 1200
Phoenix, Arizona 85004
Telephone: 602-514-7500
Email: dominic:lanza@usdoj.gov
Attorneys for Plainti

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

United States of America, CR-16-00130-PHX-SPL

Plaintiff,
PLEA AGREEMENT

., WV: .
Freida Ann Battise-Moore (TN stated)
Freida Battise-Moore,

Defendant.

Plaintiff, United States of America, and the defendant, Freida Battise-Moore,
hereby agree to dispose of this matter on the following terms and conditions:
1, PLEA

The defendant will plead guilty to an Information charging her with a violation of
Title 18, United States Code (U.S.C.) § 1163, Theft/Embezzlement From Indian Tribal
Organization, a Class D felony offense.
2. MAXIMUM PENALTIES

a. A violation of 18 U.S.C. § 1163 is punishable by a maximum fine of
$250,000, a maximum term of imprisonment of 5 years, or both, and a term of supervised
release of 3 years. A maximum term of probation is five years.

b. According to the Sentencing Guidelines issued pursuant to the Sentencing

Reform Act of 1984, the Court shall order the defendant to:



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used the embezzled money to, among other things, pay my taxes, purchase

expensive sports tickets, gamble, pay my credit cards, and make cash withdrawals.

b. The defendant shall swear under oath to the accuracy of this statement and,
if the defendant should be called upon to testify about this matter in the future, any
intentional material inconsistencies in the defendant’s testimony may subject the
defendant to additional penalties for perjury or false swearing, which may be enforced by
the United States under this agreement.

APPROVAL AND ACCEPTANCE OF THE DEFENDANT

I have read the entire plea agreement with the assistance of my attorney. I
understand each of its provisions and I voluntarily agree to it.

I have discussed the case and my constitutional and other rights with my attorney.
I understand that by entering my plea of guilty I shall waive my rights to plead not guilty,
to trial by jury, to confront, cross-examine, and compel the attendance of witnesses, to
present evidence in my defense, to remain silent and refuse to be a witness against myself
by asserting my privilege against self-incrimination, all with the assistance of counsel,
and to be presumed innocent until proven guilty beyond a reasonable doubt.

I agree to enter my guilty plea as indicated above on the terms and conditions set
forth in this agreement.

I have been advised by my attorney of the nature of the charges to which I am
entering my guilty plea. I have further been advised by my attorney of the nature and
range of the possible sentence and that my ultimate sentence shall be determined by the
Court after consideration of the advisory Sentencing Guidelines.

My guilty plea is not the result of force, threats, assurances, or promises, other
than the promises contained in this agreement. I voluntarily agree to the provisions of
this agreement and I agree to be bound according to its provisions.

J understand that if 1 am granted probation or placed on supervised release by the
Court, the terms and conditions of such probation/supervised release are subject to

modification at any time. I further understand that if I violate any of the conditions of my

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e. Assets and Financial Responsibility. The defendant shall make a full

accounting of all assets in which the defendant has any legal or equitable interest. The
defendant shall not (and shall not aid or abet any other party to) sell, hide, waste, spend,
or transfer any such assets or property before sentencing, without the prior approval of
the United States (provided, however, that no prior approval will be required for routine,
day-to-day expenditures). The defendant also expressly authorizes the United States
Attorney’s Office to immediately obtain a credit report as to the defendant in order to
evaluate the defendant’s ability to satisfy any financial obligation imposed by the Court.
The defendant also shall make full disclosure of all current and projected assets to the
U.S. Probation Office immediately and prior to the termination of the defendant’s
supervised release or probation, such disclosures to be shared with the U.S. Attorney’s
Office, including the Financial Litigation Unit, for any purpose. Finally, the defendant
shall participate in the Inmate Financial Responsibility Program to fulfill all financial
obligations due and owing under this agreement and the law. If the defendant is a
member of a Native American tribe that provides “per capita” payments to its members,
the defendant agrees that any such “per capita” payment shall be paid over to the Clerk of
the Court and applied to the defendant’s restitution obligation until restitution to all
victims is paid in full.

f. Acceptance of Responsibility. If the defendant makes full and complete

disclosure to the U.S. Probation Office of the circumstances surrounding the defendant’s
commission of the offense, and if the defendant demonstrates an acceptance of
responsibility for this offense up to and including the time of sentencing, the United
States will recommend a two-level reduction in the applicable Sentencing Guidelines
offense level pursuant to U.S.S.G.§ 3E1.1(a). If the defendant has an offense level of 16
or more, the United States will recommend an additional one-level reduction in the

applicable Sentencing Guidelines offense level pursuant to U.S.S.G. § 3E1.1(b).



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defendant will not be subject to a “sophisticated means” enhancement under USSG
§ 2B1.1(b)(10).

b. Stipulation—Low-End_ Sentence Cap: Pursuant to Fed. R. Crim. P.
11(c)(1)(C), the United States and the defendant stipulate that the length of the term of
imprisonment imposed by the Court shall not exceed the low end of the applicable
sentencing range under the U.S. Sentencing Guidelines, which range will be determined
by the Court at sentencing. The parties further recognize that, at sentencing, the
defendant may request (but the Court is not required to impose) a below-guidelines
sentence or probation.

c. Contingent Recommendation—Below-Guidelines Sentence. Pursuant to
Fed, R. Crim. P. 11(c)(1)(B), the United States agrees that if, by the time of sentencing,
the defendant has fully satisfied the restitution obligation set forth below, the United
States will recommend that the Court impose a sentence below the low end of the
applicable sentencing range under the U.S. Sentencing Guidelines, which range will be
determined by the Court at sentencing.

d. Restitution. Pursuant to 18 U.S.C. § 3663 and/or 3663A, the defendant
specifically agrees to pay full restitution, regardless of the resulting loss amount but in no
event more than $290,000, to all victims directly or proximately harmed by the
defendant’s “relevant conduct,” including conduct pertaining to any dismissed counts or
uncharged conduct, as defined by U.S.S.G. § 1B1.3, regardless of whether such conduct
constitutes an “offense” under 18 U.S.C. §§ 2259, 3663 or 3663A. (The parties are still
in the process of calculating the precise restitution amount, which they anticipate will be
between $85,001 and $290,000, and hope to reach a stipulated figure by the time of
sentencing. If the parties are unable to reach such a stipulation, they will be entitled to
present their conflicting positions, and supporting evidence, to the Court for resolution.)
The defendant understands that such restitution will be included in the Court’s Order of
Judgment and that an unanticipated restitution amount will not serve as grounds to

withdraw the defendant’s guilty plea or to withdraw from this plea agreement.

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() make restitution to any victim of the offense pursuant to 18 U.S.C. §
3663 and/or 3663A, unless the Court determines that restitution would not be
appropriate;

(2) pay a fine pursuant to 18 U.S.C. § 3572, unless the Court finds that a
fine is not appropriate;

(3) serve a term of supervised release when required by statute or when
a sentence of imprisonment of more than one year is imposed (with the understanding
that the Court may impose a term of supervised release in all other cases); and

(4) pay upon conviction a $100 special assessment for each count to
which the defendant pleads guilty pursuant to 18 U.S.C. § 3013(a)(2)(A).

c. The Court is required to consider the Sentencing Guidelines in determining
the defendant’s sentence. However, the Sentencing Guidelines are advisory, and the
Court is free to exercise its discretion to impose any reasonable sentence up to the
maximum set by statute for the crime(s) of conviction, unless there are stipulations to the
contrary that the Court accepts.

3. AGREEMENTS REGARDING SENTENCING

a. Stipulation—Guidelines Calculations: Pursuant to Fed. R. Crim. P.
11(c)(1)(C), the United States and the defendant stipulate that (i) the applicable guideline
in this case is USSG § 2B1.1; (ii) the base offense level under USSG § 2B1.1(a)(2) is +6;
(iii) the defendant will be subject to a loss-based enhancement under USSG
§ 2B1.1(b)(1), because the applicable loss was more than $85,000 but not more than
$290,000, (iv) the defendant will be subject to a +2 enhancement under USSG
§ 2B1.1(b)(2) because the offense involved more than 10 victims; (v) the defendant will
be subject to a +2 enhancement under USSG § 3A1.1(b)(1) because a victim of the
offense was a vulnerable victim; and (vi) the defendant will be subject to a +2
enhancement under USSG § 3B1.3 because the offense involved the abuse of a position

of public or private trust. The United States and the defendant further stipulate that the