UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

UNITED STATES OF AMERICA 

 v. 

KATARZYNA PODGORSKA 

 No. 20 CR 513 

 Judge Sara L. Ellis 

PLEA AGREEMENT 

1. This Plea Agreement between the United States Attorney for the 

Northern District of Illinois, JOHN R. LAUSCH, JR., and defendant KATARZYNA 

PODGORSKA, and her attorney, DONALD ANGELINI, is made pursuant to Rule 11 

of the Federal Rules of Criminal Procedure and is governed in part by Rule 

11(c)(1)(A), as more fully set forth below. The parties to this Agreement have agreed 

upon the following: 

Charges in This Case

2. The indictment in this case charges defendant with conspiracy to 

possess with intent to distribute and distribute a controlled substance, namely, a 

quantity of marihuana, in violation of Title 21, United States Code, Section 841(a)(1) 

and 846 (Count 1) and conspiracy to commit money laundering, in violation of Title 

18, United States Code, Section 1956(a)(1)(B)(i) and 1956(h) (Count 3, 8-10). 

3. Defendant has read the charges against her contained in the indictment, 

and those charges have been fully explained to her by her attorney. 

4. Defendant fully understands the nature and elements of the crime with 

which she has been charged. 

FILED 10/5/2022

THOMAS G. BRUTON CLERK, U.S. DISTRICT COURT

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Charge to Which Defendant Is Pleading Guilty 

5. By this Plea Agreement, defendant agrees to enter a voluntary plea of 

guilty to the following count of the indictment: Count 1, which charges defendant with 

conspiracy to knowingly and intentionally possess with intent to distribute and 

distribute a controlled substance, namely a quantity of a substance containing a 

detectable amount of marihuana, a Schedule I Controlled Substance, in violation of 

Title 21, United States Code, Section 841(a)(1), in violation of Title 21, United States 

Code, Section 846. 

Factual Basis 

6. Defendant will plead guilty because she is in fact guilty of the charge 

contained in Count 1 of the indictment. In pleading guilty, defendant admits the 

following facts and that those facts establish her guilt beyond a reasonable doubt and 

constitute relevant conduct: 

Beginning no later than in or around 2017 and continuing until on or about 

July 2018 in the Northern District of Illinois, Eastern Division, and elsewhere, 

defendant KATARZYNA PODGORSKA did conspire with Noah Grimes, Individual 

A, and others known and unknown, to knowingly and intentionally possess with 

intent to distribute and distribute a controlled substance, namely, a quantity of 

marihuana, a Schedule I Controlled Substance, in violation of Title 21, United States 

Code, Section 841(a)(1), in violation of Title 21, United States Code, Section 846. 

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Specifically, between approximately 2017 and July 2018, PODGORSKA 

assisted Grimes in packaging narcotics for distribution and in performing financial 

transactions concealing the unlawful source of the proceeds of Grimes’s narcotics 

proceeds. In 2017 and 2018, PODGORSKA conducted approximately $563,000 in 

bank transactions involving cash narcotics proceeds at Grimes’s direction. On some 

occasions, PODGORSKA exchanged smaller bills for larger bills, in order to make 

them easier to transport, store and conceal. On other occasions, PODGORSKA 

deposited cash into bank accounts at Grimes’s direction, in amounts under $10,000, 

for the purpose of evading bank currency transaction reporting requirements. 

PODGORSKA also opened a credit card account in her own name, at Grimes’s 

direction, for the purpose of concealing the nature and origin of the funds used to pay 

the credit card. For example, on January 9, 2017, PODGORSKA exchanged $9,100 in 

cash and made a $200 cash payment to a credit card in her name at the Chase Bank 

located at 1122 N. Clark Street in Chicago. That same day, PODGORSKA exchanged 

$8,900 and made another $200 cash payment to her credit card at the Chase Bank 

located at 609 W. North Avenue in Chicago. PODGORSKA conducted structured cash 

exchanges and then made cash payments to her credit cards at multiple Chase 

locations on the same day on January 20, February 6, February 13, March 10, April 

7, April 18, April 25, April 27 and May 11, 2017. 

PODGORSKA also used cash narcotics proceeds to pay rent on an apartment 

where she and Grimes resided together (“Grimes-Podgorska Residence”). For 

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example, on September 29, 2017, PODGORSKA purchased a cashier’s check in the 

amount of $6,300 and used it to make a rent payment for the Grimes-Podgorska 

Residence. PODGORSKA also paid for expenses that GRIMES incurred in his 

narcotics trafficking activities, for the purpose of concealing the nature and source of 

the funds transacted. For example, on January 12, 2017, PODGORSKA paid $3,500 

of charges related to narcotics trafficking activities on a credit card in Grimes’s name 

from funds in a personal checking account in her own name. For example, on October 

14, 2017, PODGORSKA charged $4,633 of transportation expenses related to 

Grimes’s narcotics trafficking activities to a credit card in her own name. 

 PODGORSKA acknowledges that, in total, between 2017 and July 2018, the 

amount of marihuana which was distributed by Grimes, reasonably foreseeable to 

her, and which she helped to conceal, was at least 100 kilograms of marijuana. 

Maximum Statutory Penalties 

7. Defendant understands that the charge to which she is pleading guilty 

carries the following statutory penalties: 

a. A maximum sentence of 20 years’ imprisonment. This offense also 

carries a maximum fine of $1,000,000. Defendant further understands that the judge 

also must impose a term of supervised release of at least three years, and up to any 

number of years, including life. 

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b. Pursuant to Title 18, United States Code, Section 3013, defendant 

will be assessed $100 on the charge to which she has pled guilty, in addition to any 

other penalty imposed. 

Sentencing Guidelines Calculations 

8. Defendant understands that, in determining a sentence, the Court is 

obligated to calculate the applicable Sentencing Guidelines range, and to consider 

that range, possible departures under the Sentencing Guidelines, and other 

sentencing factors under 18 U.S.C. § 3553(a), which include: (i) the nature and 

circumstances of the offense and the history and characteristics of the defendant; (ii) 

the need for the sentence imposed to reflect the seriousness of the offense, promote 

respect for the law, and provide just punishment for the offense, afford adequate 

deterrence to criminal conduct, protect the public from further crimes of the 

defendant, and provide the defendant with needed educational or vocational training, 

medical care, or other correctional treatment in the most effective manner; (iii) the 

kinds of sentences available; (iv) the need to avoid unwarranted sentence disparities 

among defendants with similar records who have been found guilty of similar 

conduct; and (v) the need to provide restitution to any victim of the offense. 

9. For purposes of calculating the Sentencing Guidelines, the parties agree 

on the following points: 

a. Applicable Guidelines. The Sentencing Guidelines to be 

considered in this case are those in effect at the time of sentencing. The following 

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statements regarding the calculation of the Sentencing Guidelines are based on the 

Guidelines Manual currently in effect, namely the November 2021 Guidelines 

Manual. 

b. Offense Level Calculations. 

i. The base offense level is 24, pursuant to Guideline 

§ 2D1.1(c)(8), because the amount of marijuana involved in the offense of conviction 

for which she is accountable is at least 100 kilograms of marihuana. 

ii. Defendant has clearly demonstrated a recognition and 

affirmative acceptance of personal responsibility for her criminal conduct. If the 

government does not receive additional evidence in conflict with this provision, and 

if defendant continues to accept responsibility for her actions within the meaning of 

Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and 

the Probation Office with all requested financial information relevant to her ability 

to satisfy any fine that may be imposed in this case, a two-level reduction in the 

offense level is appropriate. 

iii. In accord with Guideline § 3E1.1(b), defendant has timely 

notified the government of her intention to enter a plea of guilty, thereby permitting 

the government to avoid preparing for trial and permitting the Court to allocate its 

resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court 

determines the offense level to be 16 or greater prior to determining that defendant 

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is entitled to a two-level reduction for acceptance of responsibility, the government 

will move for an additional one-level reduction in the offense level. 

c. Criminal History Category. With regard to determining 

defendant’s criminal history points and criminal history category, based on the facts 

now known to the government, defendant’s criminal history points equal zero and 

defendant’s criminal history category is I. 

d. Anticipated Advisory Sentencing Guidelines Range. 

Therefore, based on the facts now known to the government, the anticipated offense 

level is 21 which, when combined with the anticipated criminal history category of I, 

results in an anticipated advisory sentencing guidelines range of 37 to 46 months’ 

imprisonment, in addition to any supervised release and fine the Court may impose. 

e. Defendant and her attorney and the government acknowledge 

that the above guidelines calculations are preliminary in nature, and are non-binding 

predictions upon which neither party is entitled to rely. Defendant understands that 

further review of the facts or applicable legal principles may lead the government to 

conclude that different or additional guidelines provisions apply in this case. 

Defendant understands that the Probation Office will conduct its own investigation 

and that the Court ultimately determines the facts and law relevant to sentencing, 

and that the Court’s determinations govern the final guideline calculation. 

Accordingly, the validity of this Agreement is not contingent upon the probation 

officer’s or the Court’s concurrence with the above calculations, and defendant shall 

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not have a right to withdraw her plea on the basis of the Court’s rejection of these 

calculations. 

10. Both parties expressly acknowledge that this Agreement is not governed 

by Fed. R. Crim. P. 11(c)(1)(B), and that errors in applying or interpreting any of the 

sentencing guidelines may be corrected by either party prior to sentencing. The 

parties may correct these errors either by stipulation or by a statement to the 

Probation Office or the Court, setting forth the disagreement regarding the applicable 

provisions of the guidelines. The validity of this Agreement will not be affected by 

such corrections, and defendant shall not have a right to withdraw her plea, nor the 

government the right to vacate this Agreement, on the basis of such corrections. 

Agreements Relating to Sentencing 

11. Each party is free to recommend whatever sentence it deems 

appropriate. 

12. It is understood by the parties that the sentencing judge is neither a 

party to nor bound by this Agreement and may impose a sentence up to the maximum 

penalties as set forth above. Defendant further acknowledges that if the Court does 

not accept the sentencing recommendation of the parties, defendant will have no right 

to withdraw her guilty plea. 

13. Defendant agrees to pay the special assessment of $100 at the time of 

sentencing with a cashier’s check or money order payable to the Clerk of the U.S. 

District Court. 

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14. Defendant agrees that the United States may enforce collection of any 

fine or restitution imposed in this case pursuant to Title 18, United States Code, 

Sections 3572, 3613, and 3664(m), notwithstanding any payment schedule set by the 

Court. 

15. After sentence has been imposed on the count to which defendant pleads 

guilty as agreed herein, the government will move to dismiss the remaining counts of 

the indictment as to defendant. 

SOAR COURT PROGRAM 

16. Defendant agrees to participate in the Sentencing Options That Achieve 

Results (SOAR) program, pursuant to the terms set forth in the SOAR Contract for 

Participation attached as Exhibit A. 

17. At or before the time of sentencing or the successful conclusion of the 

defendant’s participation in the SOAR Program, defendant agrees, as detailed above: 

(a) to pay any applicable restitution in full; or (b) in the case of a federal victim, to the 

entry of a consent judgment for the restitution amount; or (c) in the case of a nonfederal victim, to execute a promissory note in the restitution amount. If the 

participant receives a sentence of probation or imprisonment, any applicable 

restitution will be included in the judgment, and the entry of a consent judgment or 

execution of a promissory note will not be required. 

18. Defendant acknowledges that her ongoing participation, successful 

completion, or involuntary termination from the SOAR program rests in the sole 

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discretion of the SOAR program judge. All decisions made by the SOAR program 

judge, including those involving defendant’s continued participation in the program, 

imposition of a sanction for non-compliance, or involuntary termination from the 

program, are not appealable. 

19. If the SOAR program judge determines that defendant has successfully 

completed the SOAR program, defendant will receive a sentence that does not include 

a term of imprisonment. Defendant may also be eligible, with the approval of the 

government: (1) to withdraw her guilty plea and enter a plea to a misdemeanor 

offense; or (2) to have all pending charges dismissed. Defendant acknowledges that 

the decision to decrease the charges to a misdemeanor or to dismiss the charges rests 

solely with the government, and is not appealable. 

20. If the SOAR program judge terminates defendant from the SOAR 

program, defendant will proceed to sentencing. Both parties will be free to 

recommend any sentence, and the Court will impose a sentence taking into 

consideration the factors set forth in 18 U.S.C. § 3553(a) as well as the Sentencing 

Guidelines. Defendant may not withdraw her guilty plea because she has been 

terminated from the SOAR program, or because the government does not agree to 

reduce the charge to a misdemeanor or dismiss the charge. 

21. Defendant understands that her failure to comply with SOAR program 

requirements may result in sanctions, including a period of imprisonment. Defendant 

is aware that under 18 U.S.C. §§ 3142 and 3143, a court may be required to make a 

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finding as to a defendant’s dangerousness or risk of flight before ordering that 

defendant to be detained. Defendant knowingly waives the right to any such judicial 

finding in connection with a sanction of imprisonment assessed during the SOAR 

program. 

Acknowledgments and Waivers Regarding Plea of Guilty

Nature of Agreement 

22. This Agreement is entirely voluntary and represents the entire 

agreement between the United States Attorney and defendant regarding defendant’s 

criminal liability in case 20 CR 513. 

23. This Agreement concerns criminal liability only. Except as expressly set 

forth in this Agreement, nothing herein shall constitute a limitation, waiver, or 

release by the United States or any of its agencies of any administrative or judicial 

civil claim, demand, or cause of action it may have against defendant or any other 

person or entity. The obligations of this Agreement are limited to the United States 

Attorney’s Office for the Northern District of Illinois and cannot bind any other 

federal, state, or local prosecuting, administrative, or regulatory authorities, except 

as expressly set forth in this Agreement. 

Waiver of Rights 

24. Defendant understands that by pleading guilty she surrenders certain 

rights, including the following: 

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a. Trial rights. Defendant has the right to persist in a plea of not 

guilty to the charges against her, and if she does, she would have the right to a public 

and speedy trial. 

i. The trial could be either a jury trial or a trial by the judge 

sitting without a jury. However, in order that the trial be conducted by the judge 

sitting without a jury, defendant, the government, and the judge all must agree that 

the trial be conducted by the judge without a jury. 

ii. If the trial is a jury trial, the jury would be composed of 

twelve citizens from the district, selected at random. Defendant and her attorney 

would participate in choosing the jury by requesting that the Court remove 

prospective jurors for cause where actual bias or other disqualification is shown, or 

by removing prospective jurors without cause by exercising peremptory challenges. 

iii. If the trial is a jury trial, the jury would be instructed that 

defendant is presumed innocent, that the government has the burden of proving 

defendant guilty beyond a reasonable doubt, and that the jury could not convict her 

unless, after hearing all the evidence, it was persuaded of her guilt beyond a 

reasonable doubt and that it was to consider each count of the indictment separately. 

The jury would have to agree unanimously as to each count before it could return a 

verdict of guilty or not guilty as to that count. 

iv. If the trial is held by the judge without a jury, the judge 

would find the facts and determine, after hearing all the evidence, and considering 

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each count separately, whether or not the judge was persuaded that the government 

had established defendant’s guilt beyond a reasonable doubt. 

v. At a trial, whether by a jury or a judge, the government 

would be required to present its witnesses and other evidence against defendant. 

Defendant would be able to confront those government witnesses and her attorney 

would be able to cross-examine them. 

vi. At a trial, defendant could present witnesses and other 

evidence in her own behalf. If the witnesses for defendant would not appear 

voluntarily, she could require their attendance through the subpoena power of the 

Court. A defendant is not required to present any evidence. 

vii. At a trial, defendant would have a privilege against selfincrimination so that she could decline to testify, and no inference of guilt could be 

drawn from her refusal to testify. If defendant desired to do so, she could testify in 

her own behalf. 

b. Waiver of appellate and collateral rights. Defendant further 

understands she is waiving all appellate issues that might have been available if she 

had exercised her right to trial. Defendant is aware that Title 28, United States Code, 

Section 1291, and Title 18, United States Code, Section 3742, afford a defendant the 

right to appeal her conviction and the sentence imposed. Acknowledging this, 

defendant knowingly waives the right to appeal her conviction, any pre-trial rulings 

by the Court, and any part of the sentence (or the manner in which that sentence was 

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determined), including any term of imprisonment and fine within the maximums 

provided by law, in exchange for the concessions made by the United States in this 

Agreement. In addition, defendant also waives her right to challenge her conviction 

and sentence, and the manner in which the sentence was determined, in any 

collateral attack or future challenge, including but not limited to a motion brought 

under Title 28, United States Code, Section 2255. The waiver in this paragraph does 

not apply to a claim of involuntariness or ineffective assistance of counsel, nor does it 

prohibit defendant from seeking a reduction of sentence based directly on a change 

in the law that is applicable to defendant and that, prior to the filing of defendant’s 

request for relief, has been expressly made retroactive by an Act of Congress, the 

Supreme Court, or the United States Sentencing Commission. 

25. Defendant understands that by pleading guilty she is waiving all the 

rights set forth in the prior paragraphs. Defendant’s attorney has explained those 

rights to her, and the consequences of her waiver of those rights. 

Presentence Investigation Report/Post-Sentence Supervision 

26. Defendant understands that the United States Attorney’s Office in its 

submission to the Probation Office as part of the Pre-Sentence Report and at 

sentencing shall fully apprise the District Court and the Probation Office of the 

nature, scope, and extent of defendant’s conduct regarding the charges against her, 

and related matters. The government will make known all matters in aggravation 

and mitigation relevant to sentencing. 

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27. Defendant agrees to truthfully and completely execute a Financial 

Statement (with supporting documentation) prior to sentencing, to be provided to and 

shared among the Court, the Probation Office, and the United States Attorney’s 

Office regarding all details of her financial circumstances, including her recent 

income tax returns as specified by the probation officer. Defendant understands that 

providing false or incomplete information, or refusing to provide this information, 

may be used as a basis for denial of a reduction for acceptance of responsibility 

pursuant to Guideline § 3E1.1 and enhancement of her sentence for obstruction of 

justice under Guideline § 3C1.1, and may be prosecuted as a violation of Title 18, 

United States Code, Section 1001 or as a contempt of the Court. 

28. For the purpose of monitoring defendant’s compliance with her 

obligations to pay a fine during any term of supervised release to which defendant is 

sentenced, defendant further consents to the disclosure by the IRS to the Probation 

Office and the United States Attorney’s Office of defendant’s individual income tax 

returns (together with extensions, correspondence, and other tax information) filed 

subsequent to defendant’s sentencing, to and including the final year of any period of 

supervised release to which defendant is sentenced. Defendant also agrees that a 

certified copy of this Agreement shall be sufficient evidence of defendant=s request to 

the IRS to disclose the returns and return information, as provided for in Title 26, 

United States Code, Section 6103(b). 

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Other Terms 

29. Defendant agrees to cooperate with the United States Attorney’s Office 

in collecting any unpaid fine for which defendant is liable, including providing 

financial statements and supporting records as requested by the United States 

Attorney’s Office. Defendant understands that, if convicted, a defendant who is not 

a United States citizen may be removed from the United States, denied citizenship, 

and denied admission to the United States in the future. 

Conclusion 

30. Defendant understands that this Agreement will be filed with the Court, 

will become a matter of public record, and may be disclosed to any person. 

31. Defendant understands that her compliance with each part of this 

Agreement extends throughout the period of her sentence, and failure to abide by any 

term of the Agreement is a violation of the Agreement. Defendant further 

understands that in the event she violates this Agreement, the government, at its 

option, may move to vacate the Agreement, rendering it null and void, and thereafter 

prosecute defendant not subject to any of the limits set forth in this Agreement, or 

may move to resentence defendant or require defendant’s specific performance of this 

Agreement. Defendant understands and agrees that in the event that the Court 

permits defendant to withdraw from this Agreement, or defendant breaches any of 

its terms and the government elects to void the Agreement and prosecute defendant, 

any prosecutions that are not time-barred by the applicable statute of limitations on 

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