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VS.
JOSE PA TW ,
Defendant.
/
PLEA AGREEM EN T
The defendantagrees to plead guilty to Count2 ofthe indictm ent, which chargesthe
defendantw ith possession of m ore than 500 gram s of cocaine with the intentto distribute, in
2. The United States agreesto seek dism issalofCounts 1 and 3 ofthe indictment, as to
thisdefendant,aersentencing.
investigation w illcomm ence afterthe guilty plea hasbeen entered. The defendantisalso aw are
that,under certain circum stances,the courtm ay departfrom the advisory sentencing guideline
the advisory guideline range determ ined under the Sentencing Guidelines, butis notbound to
concerns, and such sentence m ay be either more severe or less severe than the Sentencing
Guidelines' advisory sentence. Know ing these facts, the defendant understands and
term ofsupervised release of life. In addition to a term ofim prisonm entand supervised release,
im posed on the defendant. The defendant agrees thatany specialassessm ent imposed shallbe
The Oftk e of the United States Attorney for the Southern District of Florida
com m itted,whether charged or not, as well as concerning the defendant and the defendant's
background. Subjectonlytotheexpresstermsofanyagreed-uponsentencingrecommendations
Case 1:16-cr-20955-KMW Document 35 Entered on FLSD Docket 04/21/2017 Page 3 of 9
The U nited States agrees that itwillrecom m end at sentencing thatthe courtreduce
by two Ievels the sentencing guideline levelapplicable to the defendant's offense, pursuant to
Section 3E1.1(a) of the Sentencing Guidelines,based upon the defendant's recognition and
affirm ative and tim ely acceptance of personalresponsibility. If atthe tim e of sentencing the
defendant's offense levelisdeterm ined to be 16 orgreater, the governm entw illm ake a m otion
requesting an additional one level decrease pursuant to Section 3El. 1(b) of the Sentencing
perm itting thegoverrlm entto avoidpreparing fortrialand perm ittingthe governm entandthe court
be sentenced within the guideline range, asthatrange is determ ined by the Court. The United
States,how ever,w ill not be required to make this m otion and these recom mendations if the
state or federal offense, violating any term of release, or m aking false statem ents or
officeorthecourt,they willjointlyrecommendthatthecourtmakethefollowingfindingsand
conclusionsasto the sentence to be im posed:
b. Thepartiesagreethatnootherspecificoffense characteristicsunderSection
to be used,to com m it or facilitate the offense to which D efendant is pleading guilty. The
from the contentsofbank accounts, proceedsfrom the saleoftwo aircraftpreviously seized by the
States in collection of the Forfeiture M oney Judgm ent, including by providing truthful and
com pletetestim ony in any proceeding asagainstany third partieswho m ay claim an interestin the
assets to be liquidated to satisfy the Forfeiture M oney Judgm ent and the delivery to thisO ftice
upon this Office's request,any necessary and appropriate docum entation, including 1og books,
consentsto forfeiture and quitclaim deeds,to delivergood and m arketable titleto the assets.
accountnum ber ending 6188 and Banco PopularDom inicano CP, accountnum berending 5687
whichaccountsareidentifiedandthecontentsofwhicharesubjecttoforfeiturein16-25033-C1V-
W illiam sand forwhich claim hasbeen m adeby ServiciosdeA viacion GeneralSAP, SA ,an entity
from the sale of the Challenger. The Defendant agrees that the United States m ay sell the
Challenger. The United Statesagreesto creditthe Defendantwith $1.7 m illion to reduce the
am ountowed by D efendanton theForfeitureM oney Judgm ent.
TheDefendantagreesthatOA P Group, LLC willim m ediately withdraw any claim to the Hawker
and willnotm ake any futureclaim thereto, including asto any proceedsderived from the saleof
the Hawker. The Defendant agreesthat the United States m ay sellthe Hawker. The United
TheDefendantagrees,afterthecreditslisted aboveforassetstobeforfeited
to the United States and used to reduce the Forfeiture M oney Judgm ent owed, thatthe am ount
Judgment,in certified fundsm ade payable to the United StatesM arshal, no later
than one year from the date sentence is imposed on D efendant, unless otherwise
the United States which assignm entand related documents willbe filed ofrecord
in thiscase.
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Eighth A mendment. The Defendant agrees to enter into a Stipulation w ith the United States
including thatthe United Statesm ay dism issthe civilaction at 16-25033-ClV -W illiam swithout
prejudiceandthateachpartyshallbeartheirownfeesandcosts.
This agreem ent resolvesthe defendant's federalcrim inalliability in the Southern
liability in the Southern DistrictofFlorida arising from defendant's m oney laundering activities
involving Plus lnternational Bank Account number ending in 6188 and Banco Popular
G eneral,SA P.
13. The defendantisaware thatTitle l8,United StatesCode, Section 3742 and Title
to appealany sentence imposed,including any restitution order, orto appealthe m annerin which
resultofan upw ard departure ancl/oran upward variance from the advisory guideline range that
the Court establishes at sentencing. The defendant further understands that nothing in this
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The defendantisaw are thatthe sentence hasnotyetbeen determ ined by the court.
Thedefendantalso isaw arethatany estim ate ofthe probable sentencing range orsentencethatthe
defendant m ay receive, whether that estimate com es from the defendant's attorney, the
governm ent,or the probation oftk e, is a prediction,nota prom ise, and is not binding on the
government, the probation oftice or the court. The defendant understands further that any
recomm endation thatthe governm entm akesto the courtasto sentencing,w hetherpursuantto this
agreement or othem ise, is not binding on the court and the court m ay disregard the
recomm endation in its entirety. The defendant understands and acknowledges, as previously
court's decision not to accept a sentencing recom m endation m ade by the defendant, the
government,orarecommendationmadejointlybyb0ththedefendantandthegovernment.
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15. This is the entire agreem entand understanding between the United States and the
Date:
f ?X/X A
By:
MICHAEL MIRER,Eso.
A TTO RNEY FOR DEFEN D
FENDANT