dean plea agreement
TRANSCRIPT
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8/11/2019 Dean Plea Agreement
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IN THE
UNITED STATES DISTRICT COURT
FOR THE
SOUTHERN
DISTRICT
OF OHIO
EASTERN
DIVISION
UNITED
STATES OF AMERICA
Case
No. 2:13-CR-283
Plaintiff,
JUDGE MICHAEL
H. WATSON
vs.
STEVEN
EDWARD
DEAN,
Defendant.
PLEA AGREEMENT
Plaintiff United States of America and Defendant STEVEN EDWARD DEAN
(the Parties ) hereby enter into the following Plea Agreement ( Agreement ) pursuant to Rule
11 (c) and Rule II (c)( 1 (C)
of
the Federal Rules
of
Criminal Procedure:
1
Defendant STEVEN EDWARD DEAN, will enter pleas of guilty to two counts of
a Superseding Information charging him in Count 1 with embezzlement from a program
receiving federal funds in violation
of
18 U.S.C. 666(a)(l)(A); and in Count 2 with theft
of
public property in violation of
18
U.S.C. 641. Defendant further agrees to a Forfeiture by entry
of a forfeiture judgment in the amount
of
$251,570.94 in violation of 18 U.S.C. 982(a)(3).
The defendant understands his right to proceed by Indictment returned by a Grand Jury instead
of by Information, but hereby waives his right to prosecution by Indictment filed in this case.
2
Defendant understands the penalties which may be imposed pursuant to his pleas
of guilty to Count 1 and Count 2
of
the Superseding Information, as to each count, are a
maximum term of imprisonment of ten (10) years; a fine of $250,000; three (3) years of
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supervised release. The defendant understands that the Court could impose each term
o
imprisonment consecutively, that is, one term o imprisonment could be added to the amount o
prison time to be served on the other count. The Parties agree that the provisions
o
U.S.S.G.
3D1.2 and 3D1.3 apply so that each count o conviction o the two closely related counts in
the Superseding Information should be grouped and not imposed consecutively.
3 Defendant STEVEN EDWARD DEAN will pay a special assessment o 200.00,
as required in
18
U.S.C. 3013. This payment shall be made to the United States District Court
Clerk, 85 Marconi Boulevard, Columbus, Ohio 43215. This assessment shall be paid by
defendant before sentence is imposed and defendant will furnish a receipt or other evidence o
payment at the time
o
sentencing.
4 Defendant STEVEN EDWARD DEAN, agrees to voluntarily surrender for
forfeiture to the United States all o his right, title and interest in any and all property real or
personal, which represents or is traceable to the gross receipts obtained, directly or indirectly as a
result o the activities alleged in Count 1 and Count 2 o the Superseding Information, including
but not limited to, the forfeiture
o
251,570.94 by entry
o
a forfeiture money judgment.
Defendant STEVEN EDWARD DEAN, agrees to assist the United States in identifying assets to
satisfy the money judgment. Further, Defendant STEVEN EDWARD DEAN, agrees not to
contest the forfeiture, whether administrative, civil or criminal o the assets identified to satisfy
said money judgment. In addition, Defendant STEVEN EDWARD DEAN, agrees to assist the
United States to resolve in its favor any third-party claims to the subject property. Finally, the
Defendant waives any failure by the Court to fully comply with the requirements in Fed R Crim.
P 32.2(b)(4).
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5 Defendant STEVEN EDWARD DEAN further understands that he has the
following rights, among others:
a To be represented by an attorney at every stage
of
the proceeding,
and that, if necessary, one will be appointed to represent him;
b To plead not guilty and to be tried by a jury;
c
To be assisted by counsel during such trial;
d
To confront and cross-examine adverse witnesses;
e
To use compulsory process to summon witnesses for the defense;
f
Not to be compelled to testify; and
g To be presumed innocent throughout trial until and unless found
guilty by a jury.
6 Defendant STEVEN EDWARD DEAN understands that
if
his pleas of guilty to
the charges set forth in the Superseding Information are accepted by the Court, there will not be a
further trial of any kind, so that by pleading guilty to each offense, he waives or gives up his
right to a trial.
7 Defendant STEVEN EDWARD DEAN understands that the Court intends to
question him on the record about the offenses to which he pleads guilty, which questioning may
be under oath and which could provide a basis for a later prosecution of this defendant for
perjury or false statements if he does not tell the truth.
8
The Parties agree that: (a) defendant s guilty pleas to the two counts in the
criminal Superseding Information herein shall be entered and not withdrawn; (b) defendant shall
remain in custody through the time of service of any term of imprisonment; and (c) defendant
shall act
in
accordance with all other terms
of
this Agreement. f these terms are met, the
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United States Attorney agrees: (1 not to charge the defendant with any other offense involving
theft and/or embezzlement from government funded programs, any acts regarding the
defendant's role
as
a police officer involved with the DRMO program, and other acts arising
from the circumstances
of
this case
as
set forth
in
the Superseding Infonnation and Statement
of
Facts; and (2) at sentencing, to dismiss the cuiTent Indictment which charges threats in violation
of
18
U.S.C. 875(c), in the above entitled case.
9.
Pursuant to Fed.R.Crim.P. 11(c)(l)(C) the Parties enter into a binding agreement
that pursuant to U.S.S.G. 2B1.1, the loss in this case totals 251,570.94, and the factual basis
for this amount is set forth
in
the Statement
of
Facts.
10.
The United States Attorney for the Southern District of Ohio recommends that
as
of
the time
of
the execution
of
this Plea Agreement Defendant STEVEN EDWARD DEAN has
accepted responsibility for the offenses
to
which he has agreed
to
plead guilty and is entitled
to
a
2 level decrease in his offense level pursuant to U.S.S.G.
3E 1.1. If he continues
to
accept
responsibility through the time
of
sentencing, and his offense level is
16
or greater, the United
States will inform the Court pursuant to U.S.S.G.
3El.l b)
that the defendant has timely
notified authorities
of
his intention
to
plead guilty and will recommend a further 1 level decrease
in his offense level.
11. Defendant STEVEN EDWARD DEAN is aware that, in light
of
United States
v
Booker 125
S.Ct. 738 (2005), the United States Sentencing Guidelines are advisory and are
no
longer mandatory and that the Court otherwise
is
required to impose a sentence consistent with
the factors set forth
in 18
U.S.C.
3553(a). The defendant
is
aware that the Court
has
jurisdiction and authority to impose any sentence within the statutory maximum set forth for
the
offenses to which the defendant pleads guilty. The defendant is aware that the Court has not
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yet determined a sentence.
The defendant is further aware that any estimate o a probable
sentencing range under the guidelines that the defendant may have received, or may receive in
the future, from his counsel, the United States, or the probation office is a prediction, not a
promise, and is not binding on the United States, the Probation Department or the Court. The
United States makes no promise or representation concerning the sentence that the defendant will
receive, and the defendant cannot withdraw his guilty pleas based upon the actual sentence.
12
Defendant understands that this Agreement does not protect him from prosecution
for perjury, should he testify untruthfully, or for making false statements, nor does it protect him
from prosecution for other crimes or offenses to which he does not make admissions or give
truthful information and which the United States discovers by independent investigation.
Further, should defendant fail
to
comply fully with the terms and conditions set forth herein or
should he fail to appear as required for sentencing, this Agreement is voidable at the election o
the United States, in which case the defendant shall be subject to prosecution as i the Agreement
had never been made.
13 The defendant waives any motions described in Fed.R.Crim.P.l2(b)(3), regarding
pretrial motions, any and all motions, defenses, probable cause determinations, and objections
which the defendant could assert to the Superseding Information or the Court s entry o judgment
against the defendant and imposition
o
sentence upon the defendant, providing the sentence is
consistent with this Agreement. However, the defendant retains the right to contest and argue the
application o any and all U.S. Sentencing Guidelines and appeal all Guideline calculations and the
application thereof. The defendant further waives: (a) any right to appeal the Court s entry o
judgment against defendant; (b) any right
to
collaterally attack defendant s conviction and
sentence under 28 U.S.C. 2255, or any other collateral attack; and (c) any right to file a motion
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for modification of sentence, including under 18 U.S.C. 3582(c). The defendant acknowledges
that this waiver shall result in the dismissal
of
any appeal or collateral attack the defendant might
file challenging his conviction or sentence in this case. f the defendant files a notice of appeal or
a habeas petition, notwithstanding this agreement, defendant agrees that this case shall, upon
motion of the United States, be remanded to the District Court to determine whether defendant is
in
breach
of
this agreement and,
if
so, to permit the United States to withdraw from the plea
agreement. This waiver shall not be construed to bar a claim by defendant
of
ineffective
assistance
of
counsel or prosecutorial misconduct.
14 The Patties understand that this Agreement and each
of
its terms are not binding
on the Court, except for pargraph 9 regarding the loss amount, and the final determination
concerning the terms rests with the Court.
f
the Court is not inclined to accept the loss amount
as agreed to
in
paragraph 9, this Agreement
is
null and void and the Government may proceed
with an Indictment for any offense conduct.
15
Defendant STEVEN EDWARD DEAN understands that he is not a prevailing
party as defined in
18
U.S.C. 3006A (statutory note captioned Attorney Fees and Litigation
Expenses to Defense ) and hereby expressly waives his right to sue the United States.
16 Defendant further understands and accepts that in addition to any criminal
sanctions, defendant may be subject to other civil and/or administrative consequences, including,
but not limited to, a prohibition against owning or possessing firearms, civil liability, and loss of
any professional license(s).
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17 No additional promises, agreements, or conditions have been made relative
to
this
matter other than those expressly set forth herein, and none will be made unless in writing and
signed by all Parties.
; f =
I L
T ~
D TED
1
7
STEVEN EDWARD DEAN
Defendant
Attorney for Defendant
DUGL/ij
w.
SQUiREs:s;: -
DEBORAH A SOLOVlf_.
Assistant United States Attorneys
303
Marconi Blvd., Suite 200
Columbus, Ohio 43215
614) 469-5715
Attorneys for the Government
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