US. Department of Justice The Special Counsel's Office esingon DC 20830 November 30,2017 Robert K. Kelner Stephen P. Anthony Covington & Burling LLP One CityCenter, 850 Tenth Stree, NW ‘Washington, DC 20001-4956 Re: \inted Stats v, Michel T. lyn Dear Counsel: ‘This letter sets forth the fll and complete plea offer to your cleat, Lieutenant General Michael. Flyan (Ret) (hereinafter refered to as “your client” or “defendant”, from the Special Counsel's Office (hereinafter also referred os “the Government” or “this Office”). IF ‘your client accepts the terms and conditions ofthis offer, please have your client execute this ‘document inthe space provided below. Upon receipt ofthe executed document, this leter will ‘become the Ples Agreement (hereinafter refered to as “this Agreement”), The terms ofthe offer area fllows 2, Charges and Statutory Penalties ‘Your clint agrees to pleas guilty to the Criminal Information, «copy of which is amtached, charging your elient with making false statements othe Federal Bureau of lnvestigetion in violation of 18 U.S.C. § 1001. ‘Your cient understands that e violation of 18 U.S.C. § 1001 caries e maximum sentence 3" imprisonment; a fine of $250,000, pursuant io 18 USC. § 3571(0)G); term of supervised release of not more than 3 years, pursuant to 18 US.C. § 3583(8)Q); and an obligation to pay any applicable intrest or penalties on fines and restitution not timely made In addition, your client agrees to pay special assessment of $100 per felony conviction to the Clerk ofthe United States District Court forthe District of Columbia. Your client aso vderstands that, pursuant to 18 U.S.C. § 3572 and § SE1.2 ofthe United Slates Sentencing Guidelines, Gudelines Manual (2016) (hereinafter “Sentencing Guidelines," “Guidelines,” or the Court may also impose w fine that is suficient to pay the federal goverment the cost of any imprisonment, term of supervised release, and period of probation 2 Bact ‘Your client agrees thatthe atached “Statement ofthe Offense” fairly and accurately Aeserbes your clients actions end involvement inthe offense to which your clients pleading Page t of 10pulty, Pease have your client sign and ren the Statement ofthe Offense asa writen proffer ofevidence, along with this Agreement. 3. Additonal Charges In consideration of your liens guilty plea tothe above offense, your clint wl not be further prosected criminally by this Office fr the conduct st forth inthe attached Statement of the Offers, 4 Sentencing Guidelines Analisis ‘Your cient understands thatthe sentence in this ease wil be Jetermined bythe Cour, pursuant fo the factors et forth in 18 U.S.C. §3853(0), including a consideration ofthe Eppicabe guidelines and polices st forth in the Sentencing Guidelines. Pursuant to Federal ule of Criminal Procedure 11(€)1)(B), and asist the Cour in determining the appropriate sentence the parties agree tothe following ‘A. Estimated Offense Level Under the Guidelines “The partis agre tha the following Sentencing Guidelines sections apply: USSG.§2B1.1()2) Base OffenseLevel: “Tota: ‘ B. Acceptance of Responsibility “The Government agres that a 2-level reduction willbe apprepriate {§3E1.1, provided tht your elient clearly demonstrates acceptance of responsibil Satisfaction ofthe Government, through your client's llocution, adherence to every provision of this Agreement, and conduct between entry ofthe pla and imposition of sentence. “Nothing in his Agreement limits the right ofthe Government to seek denial ofthe adjustment for acceptance of responsibility, pursuant o U.SS.G. §2E1.1, andor imposition of ‘an adjustment for obstraction of justice, pursuant to U.S.S.. § 3CL.1, regardless of any ‘agrezment set forth above, should your client move to withdraw your client’ guilty plea afer it is entered, or should it be determined by the Government that your dient has either (a) engaged in conduct, unknown tothe Gavernment st the time of the signing o this Agreement, that constitutes obstruction of justice, or (b) engaged in addtional erimicl conduct aftr signing this ‘Agreement. In accordance withthe above, the applicable Guidelines Offense Level wil beat least 4, Page 2 of 10€.—Restimated Crieninal His ry Category ‘Based upon the information now available to this Office, your cient has no criminal convictions. Accordingly, your client is estimated to have zero criminal history points and your client's Criminal History Category is estimated to be I, Your lint acknowledges tht if additonal convicions ere discovered during the pre-sentence investigation by the United States Probation Office, your clients criminal history points may increase. D. Estimated Applicable Guidelines Range Based upox the agreed total offense level andthe estimated criminal history category set forth above, your clients estimated Sentencing Guidelines range is zero months to sk month imprisonment (the “Estimated es Range”), In addition, the parties agree that, pursuant w US.5.G. § E12, should the Court Impose a fine, a Guidelines level 4, the estimated pplicable fine rrge is $500 to $9,500. Your client reserves the right o ask the Court not to impose any applicable fine, ‘The parte agree thet, solely forthe purposes of clouating the applicable range under the Sentencing Guidelines, neither a downward not upward depart from the Estimated Guidelines Range set forth above is warranted, subject tothe paragraphs regarding cooperation below. Accordingy, nether panty will seek any departure or adjustment to the Estimated Guidelines Range, nor will either party suggest that the Court consider such a departure ot sdjustment, excep as provided in the preceding sentence. Moreover, you cient understands and ‘scknowledges thatthe Estimated Guidelines Range agroed toby the parties isnot binding on the Probation Office c the Court. Should the Court determine that a different guidlines range is applicable, your client will not be permitted to withdrew his guilty plea on that basis, andthe Government and your client will sil be bound by this Agreement. ‘Your client understands and acknowledges that the terms ofthis section apply only to conduct that occured before the execution ofthis Agreement. Should your cient commit any conduct aftr the execution ofthis Agreement that would form the bass for an increase in you client's base offense level or justify an upward departure (examples of which include, but are not limited to, obstruction of justice, fllure to appear for a court proceeding, criminal conduct while ‘pending sentencing, and false statements to law enforcement agents, the probation office, or tie ‘Court, the Governments free under this Agreement to sek an increase inthe baze offense level based Gn that poscagreement conduct. 5 nt. Allocution Based upor te information known tothe Government at the time ofthe signing ofthis ‘Agreement, the pats further agree tha a sentence within te Estimated Guidelines Range Page 3 of 10