molnar plea agreement

8/11/2019 Molnar plea agreement

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r L}:D,

JOHN P H E H M N ~

IN

THE

UNITED

STATES DISTRICT COURT

CLERK

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION l O \ ~ S P

5

P 3: 46

UNITED

STATES OF AMERICA

v.

JOSEPH

P. MOLNAR

PLEA AGREEMENT

CASE NO.

JUDGE

The United States Attorney for the Southern District o Ohio and the defendant,

JOSEPH P. MOLNAR hereby enter into the

following Plea

Agreement pursuant

to

Rule ll(c) o

the

Federal

Rules

o

Criminal Procedure:

1. Defendant

JOSEPH

P. MOLNAR will enter pleas o guilty to Count 1 and Count

2

o

he Information previously

filed with the Court,

charging

him

with embezzlement

from

a

financial institution in violation o Title 18, United States Code, Section 656, and making false

statements on a tax return in violation o Title

26,

United States Code, Section 7206(1),

respectively.

2. Defendant

JOSEPH

P. MOLNAR understands that the maximum penalty that

may be imposed pursuant

to

his plea o guilty

to

Count

I o

he

Information is a term o

imprisonment o not

more

than 30 years, a

fine

o not more than I 000,000, restitution

to

the

victims ofhis crimes, and up to 5 years o supervised release. Defendant MOLNAR

understands that the maximum penalty that may be imposed pursuant to his plea o guilty to

Count 2

o

the Information is a term o imprisonment

o not more

than

five

years; a fine o not

more

than 250,000; restitution

to

the victims o his crimes, specifically the Department o the

Treasury,

in the amount o approximately 987,0

11.66; and

up

to

3 years o supervised release.

3. Defendant JOSEPH P.

MOLNAR will pay

a special assessment of 200 as

Case: 2:14-cr-00194-ALM Doc #: 2 Filed: 09/05/14 Page: 1 of 6 PAGEID #: 3


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required

in 18

U.S.C. 3013. This assessment shall be paid by defendant before sentence

is

imposed and defendant will furnish a receipt at sentencing. The payment shall be made to the

United States District Court, at the Clerk s Office,

85

Marconi Boulevard, Columbus, Ohio

43215.

4. Defendant JOSEPH P MOLNAR further understands that he has the following

rights, among others:

a To be represented by an attorney at every stage

o

the proceeding,

and that, i 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 beyond a reasonable doubt.

5 Defendant JOSEPH P MOLNAR understands that i his pleas o guilty to Counts

I and 2 o the Information are accepted by the Court there will not be a further trial o any kind,

so that by pleading guilty he waives, or gives up, his right to a trial.

6

Defendant JOSEPH P. MOLNAR understands that the Court intends to question

him on the record about the offense to which

he is

pleading guilty, which questioning may be

under oath and which could provide a basis for a later prosecution

o

this defendant for perjury

or false statements i he does not tell the truth.

7 Defendant JOSEPH P MOLNAR agrees to testify truthfully and completely

concerning all matters pertaining to the Information returned herein and to any and all other tax



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violations and bank embezzlement occurring in the Southern District o Ohio in which

he

may

have been

involved

or as

to

which

he

may

have

knowledge. Defendant further agrees

to

provide a complete statement

to

authorities

o he United

States concerning

such

matters prior

to

sentencing

or at

any

other time that may

be requested by the

United States Attorney or a federal

state or

local

investigative agency. Defendant agrees to submit to supplemental debriefings on

such matters whenever requested by federal state or local authorities.

Pursuant

to

181.8 o the

United

States Sentencing Guidelines ( Guidelines ),

the

government agrees that any self-incriminating information so provided will not

be

used against

the defendant in determining the applicable Guidelines

range

for sentencing, or

as

a basis for

upward departure from the advisory Guidelines range.

8. Defendant JOSEPH

P.

MOLNAR

is aware that

the

United States Sentencing

Guidelines

and Policy Statements are

no

longer mandatory in determining

his

sentence.

However

the defendant also understands that said guidelines and policy statements will be

given

consideration by the

District Court,

in

conjunction with all other sentencing factors set forth

in

18

U.S.C.

3553(a), to determine

an

appropriate sentence. The defendant

is

further aware that

the

District Court

has

jurisdiction and authority to

impose

any sentence within the statutory

maximum set forth for the offense

to

which the

defendant

pleads guilty. Defendant

is

aware

that the Court has not yet determined a sentence. Defendant is also aware that any estimate o

the probable sentencing range

under

the United States Sentencing Guidelines that the defendant

may have

received from the defendant's counsel,

the

United States, or the probation office is a

prediction not a promise,

and

is

not binding

on

the United

States, the probation office, or the

Court. The United States

makes

no

promise

or representation concerning the sentence that

the

defendant

will

receive, and the defendant cannot withdraw a guilty plea based upon the actual

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sentence.

9.

Understanding that the following agreements under the advisory Guidelines

cannot bind

the Probation Department or the

Court, the United

States Attorney for the Southern

District of Ohio and Defendant JOSEPH P.

MOLNAR,

the parties

to

this Plea Agreement,

hereby make

the following agreements

under

the advisory Guidelines:

a.

The

parties agree that

with

respect to Count I of the Information, the

amount

of

loss

described is attributed

to JOSEPH P.

MOLNAR's embezzlement from

his employer, the Huntington National

Bank and

its affiliates, and that the amount of

loss is approximately $4,076,189.44, and between 2.5 million and

7

million, which

constitutes the defendant, JOSEPH P. MOLNAR's relevant conduct for Count I as

the term is applied under the Guidelines; and the resulting base offense level is 25.

b.

The

parties agree that

for

Count 2

the

amount

of

tax loss described

is

attributed to JOSEPH

P.

MOLNAR's

false

statements

on

his personal tax returns

representing his income

for

the years 2008, 2009,

20

I0, 20 II and 2012, and that the

amount of such loss is approximately $987,011.66,

and

between $400,000 and

$1,000,000, which amount constitutes the defendant, JOSEPH P. MOLNAR's

relevant

conduct for Count I as the term is applied

under the

Guidelines,

and

that

the

resulting base offense level is 20.

c. The parties agree that pursuant to 3El.l(a) of the Guidelines, at the time

of his plea, the defendant, JOSEPH

P. MOLNAR,

has accepted responsibility for the

offense and therefore is entitled

to

a two-level reduction in the applicable base

offense

level

under this section

of

he

Sentencing Guidelines. The parties further

agree

that this defendant

has

timely

notified

the

United

States

as to

his intention to

plead guilty and therefore

may

be entitled to an additional one-point reduction of his

offense

level

under Guideline 3E 1.1

(b).

d.

The parties agree that

the

application and final sentencing guideline

calculations for defendant JOSEPH P. MOLNAR will be completed by the probation

office, and that the Guidelines for the offenses

may be

grouped, pursuant

to

the

rules

of he United States Sentencing Guidelines.

10.

The United States Attorney for the

Southern

District of Ohio agrees that if

Defendant JOSEPH

P.

MOLNAR

provides substantial assistance

in

the investigation or

prosecution

of others who

have

committed criminal offenses, the United States Attorney

may

move the Court pursuant to 18 U.S.C. 3553(e) and/or SKI. I of the Guidelines for an

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appropriate departure

from

the otherwise applicable Guidelines range for Defendant s sentence

and will

in connection therewith make

known

to the Court the nature and extent

of

Defendant s

assistance. Defendant understands that whether such motion should

be

made lies within the

discretion

of

the United States Attorney

and

that whether

and

to what extent such motion should

be

granted are solely matters

for

determination

by

the Court.

II If

such a plea

of

guilty

is

entered,

and

not withdrawn,

and

the Defendant JOSEPH

P MOLNAR

acts

in

accordance with

all

other terms

of

this agreement, the United States

Attorney

for

the Southern District ofOhio agrees

not to

file additional criminal charges against

Defendant JOSEPH

P

MOLNAR based

on

his activities charged

in

the Information or

based on

other embezzlement

and tax

violations occurring

in

the Southern District

of

Ohio prior

to

the

date

of

the Information and as

to

which Defendant gives testimony or makes statements pursuant

to

this agreement.

12 By

virtue

of

his plea

of

guilty

to

Counts I and 2 of the Information, this defendant

understands that he

is

not a prevailing party as defined

by

18 U.S.C. 3006A

and

hereby

expressly waives his right to sue the United States.

13

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 civil liability

and

loss

of

any professionallicense(s).

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14 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.

(;--).7

_

f

Date)

6

e f e ~

~ S ~ 9 2

R WILLIAM MEEKS 0014

Meeks Thomas Co.

511

S

High Street

Columbus, OH 432 I 5-5602

Phone: 614) 228-4141

Fax: 614) 228-0899

CARTER M STEW RT

. FULTON VA 72885)

Assistant United States Attorney

303 Marconi Blvd., Suite 200

Columbus, Ohio 43215

614) 469-5715


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