Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 1 of 8. U.S. Department ofjustice

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1 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 1 of 8 U.S. Department ofjustice Carmen M. Ortiz UnitedStates Attorney District ofmassachusetts Main Reception: (617) Walter B. Prince, Esq. Prince, Lobel, Glovsky & Tye, LLP One International Place, Suite 3700 Boston, MA John Joseph Moakley United States Courthouse I Courthouse fvay Suite 9200 Boston. Massachusetts September 14, 2016 Ko C-R W R3 Re: United States v. Rafia Feghi Dear Mr. Prince: The United States Attorney for the District of Massachusetts ("the U.S. Attorney") and your client, Rafia Feghi ("Defendant"), agree as follows with respect to the above-referenced 1. Change ofplea At the earliest practicable date but in no event later than September 23, 2016 (or such other date as the Court may set), Defendant shall waive indictment and plead guilty to the Information attached to this Plea Agreement charging her with one count of conspiracy to defraud the United States and to obstruct justice, in violation of 18 U.S.C Defendant expressly and unequivocally admits that she committed that crime, did so knowingly, and is in fact guilty ofthat offense. The United States Attorney agrees not to charge Defendant pursuant to 18 U.S.C. 1001, 1341, 1343, 1503, or 1623 based on the conduct underlying the crime charged in this case and known to the United States Attomey at this time. In addition, the United States Attomey agrees not to charge Defendant's former husband Yousef Bina, and Defendant's sons A. Kayvon Bina and Joseph K. Yerardi, pursuant to 18 U.S.C. 371, 1001, 1341, 1343, 1503, or 1623 for sworn deposition testimony any of them have previously given in United States v. Yerardi, 93-cr NMG and for sworn grand jury testimony any of them have previously given in connection with this matter, and for statements they have previously submitted in motion papers, affidavits, or depositions in United States v. Yerardi, 93-cr NMG, if (a) Defendant Rafia Feghi complies with all terms of this Plea 1

2 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 2 of 8 Agreement; (b) the Court accepts this Plea Agreement; and (c) no later than September 15, 2016, Yousef Bina, A. Kayvon Bina, and Joseph K. Yerardi all sign the attached Settlement Agreement in United States v. Yerardi, 93-cr NMG, which will be held in escrow by attorney Robert L. Skeketoff, to befiled with the Court at such time as the Court approves Defendant's guilty plea pursuantto Fed. R. Crim. P. 11(c)(1)(C). Defendant agrees to the accuracy ofthe attached statement of facts. 2. Penalties Defendant faces the following maximum penalties on the Information: incarceration for five (5) years; supervised release for three (3) years; a fine of $250,000, or twice the gross gain/loss, whichever is greater; a mandatory special assessment of$100; and restitution. 3. Fed. R. Crim. P. 1Uc l 0 Plea This Plea Agreement is made pursuant to Fed. R. Crim. P. 11(c)(1)(C), and Defendant's guilty plea will be tendered pursuant to that provision. In accordance with Rule 11 (c)(1)(c), ifthe District Court ("Court") accepts this Plea Agreement, the Court must include the agreed disposition in the judgment. If the Court rejects any aspect of this Plea Agreement, the U.S. Attorney may deem the Plea Agreement null and void. Defendant understands and acknowledges that she may not withdraw her plea ofguilty unless the Court rejects this Plea Agreement under Fed. R. Crim. P. 11(c)(5). 4. Sentencing Guidelines The parties agree jointly to take the following positions at sentencing under the United States Sentencing Guidelines ("USSG" or"guidelines"). The parties agree that Defendant's total adjusted offense level under the Guidelines is calculated as follows: in accordance withussg 2B1.1 (a)(2). Defendant's base offense level is 6; in accordance with USSG 2B1.1 (b)(1)(h), Defendant's offense level is increased by 14, because the loss was more than $550,000 and less than $1,500,000; in accordance with USSG 2B1.1(b)(9)(C), Defendant's offense level is increased by 2, because the offense involved a violation of a prior specific judicial order notaddressed elsewhere inthe Sentencing Guidelines; in accordance withussg 2B1.1 (b)(l0)(b) and2b1.1 (b)(l0)(c), Defendant's offense level is increased by 2, because a substantial part of the fi-audulent scheme was committed from outside the United States and the offense otherwise involved sophisticated means and Defendant engaged in and caused the conduct constituting sophisticated means;

3 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 3 of 8 in accordance with USSG 3Bl.l(a), Defendant's offense level is increased by 4, because Defendant was an organizer and leader of a criminal activity that involved five or more participants or was otherwise extensive; in accordance with USSG 3C 1.1, Defendant's offense level is increased by 2, because Defendant willfully obstructed or impeded the administration of justice with regard to the investigation of the instant offense of conviction, and the obstructive conduct related to Defendant's offense of conviction and related conduct; in accordance with USSG 3C1.3, Defendant's offense level is increased by 3, because a statutory enhancement under 18 U.S.C applies because Defendant committed the instant offense in part while released under 18 U.S.C and 3143; in accordance with Application Note 4 to USSG 3E1.1, there is no decrease to the offense level under USSG 3E1.1. The parties also agree that USSG 4A1.1(d) applies, and adds 2 points to Defendant's Criminal History Category, since Defendant committed parts ofthe instant offense while under a criminal justice sentence. The U.S. Attorney's agreement that the disposition set forth below is appropriate in this case is based, in part, on Defendant's prompt acceptance of personal responsibility for the offense ofconviction in this case. The U.S. Attorney may, at her sole option, be released from her commitments under this Plea Agreement, including, but not limited to, her agreement that Paragraph 5 constitutes the appropriate disposition ofthis case, if at any time between Defendant's execution of this Plea Agreement and sentencing. Defendant: (a) (b) Fails to admit a complete factual basis for the plea; Fails to truthfully admit Defendant's conduct in the offense ofconviction; (c) Falsely denies, or fnvolously contests, relevant conduct for which Defendant is accountable under USSG IB1.3; (d) (e) Fails to provide truthful information about Defendant's financial status; Gives false or misleading testimony in any proceeding relating to the criminal conduct charged in this case and any relevant conduct for which Defendant is accountable under USSG IB 1.3, provided that the government will not require Defendant to give testimony against Yousef

4 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 4 of 8 Bina, A. Kayvon Bina, and Joseph K. Yerardi in such a proceeding; (f) (g) (h) (i) (j) Engages in acts that form a basis for finding that Defendant has obstructed or impeded the administration ofjustice under USSG 3C1.1; Intentionally fails to appear in Court or violates any conditionofrelease; Commits a crime; Transfers any asset protected under any provision ofthis Plea Agreement; or Attempts to withdraw Defendant's guilty plea. Nothing in this Plea Agreement affects the U.S. Attorney's obligation to provide the Court and the U.S. Probation Office with accurate and complete information regarding this case. 5. Agreed Disposition Pursuant to Fed. R. Crim. P. 11(c)(1)(C), the U.S. Attorney and Defendant agree that the following is a reasonable and appropriate disposition ofthis case: (a) (b) (c) (d) incarceration for one year plus one day, plus a consecutive sentence ofone additional day under 18 U.S.C. 3147(1); a fine of approximately $100,000 to be paid solely from funds on deposit in EFG Bank von Ernst account ending in0882'; 36 months of supervised release; and a mandatory special assessment of$100, which Defendant must pay to the Clerk of the Court on or before the date of sentencing (unless Defendant establishes to the Court's satisfaction that Defendant is unable to do so). 6. Protection ofassets for Pavment ofrestitution. Forfeiture and Fine Defendant and her sons A. Kayvon Bina and Joseph K. Yerardi agree not to transfer, or authorize the transfer of, any asset that has been restrained by Order ofthe Court in this case or any asset, specifically including funds or other assets in any account in any name at EFG Bank von Ernst in Liechtenstein, whether or not restrained, that Defendant has agreed to forfeit pursuant to this Plea Agreement. ' The United States and the Defendant agree to a fine that is equal to all funds on deposit in EFG Bank von Ernst AG account ending in 0882 less payment of $916,000 in satisfaction of the money judgment entered on or about July 28, 1995 in United States v. Yerardi^ 93-cr-10278, which based upon the current account balance and applicable exchange rates is approximately $100,000. 4

5 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 5 of 8 7. Waiver ofright to Appeal and to Bring Future Challenge (a) (b) (c) (d) Defendant has conferred with her attorney and understands that she has the right to challenge her conviction in the United States Court ofappeals for the First Circuit ("direct appeal"). Defendant also understands that, in some circumstances. Defendant may be able to challenge her conviction in a future proceeding (collateral or otherwise), such as pursuant to a motion under 28 U.S.C or 28 U.S.C Defendant waives any right to challenge Defendant's conviction on direct appeal or in any future proceeding (collateral or otherwise). Defendant has conferred with her attorney and understands that defendants ordinarily have a right to challenge in a direct appeal their sentences (including any orders relating to supervised release, fines, forfeiture, and restitution) and may sometimes challenge their sentences (including any orders relating to supervised release, fines, forfeiture, and restitution) in a future proceeding (collateral or otherwise). The rights that are ordinarily available to a defendant are limited when a defendant enters into a Rule 11(c)(1)(C) agreement. In this case, Defendant waives any rights Defendant may have to challenge the agreed-upon sentence (including any agreement relating to supervised release, fines, forfeiture, and restitution) on direct appeal and in a future proceeding (collateral or otherwise), such as pursuant to 28 U.S.C and 28 U.S.C Defendant also waives any right Defendant may have under 18 U.S.C to ask the Court to modify the sentence, even if the USSG are later amended in a way that appears favorable to Defendant. Likewise, Defendant agrees not to seek to be resentenced with the benefit of any change to Defendant's Criminal History Category that existed at the time ofdefendant's original sentencing. Defendant also agrees not to challenge the sentence in an appeal or future proceeding (collateral or otherwise) even if the Court rejects one or more positions advocated by any party at sentencing. In sum. Defendant understands and agrees that in entering into this Plea Agreement, the parties intend that Defendant will receive the benefits of the Plea Agreement and that the sentence will be final. The U.S. Attorney agrees that she will not appeal the imposition by the Court of the sentence agreed to by the parties as set out in Paragraph 5, even ifthe Court rejects one or more positions advocated by either party at sentencing. Regardless of the previous subparagraphs, Defendant reserves the right to claim that: (i) Defendant's lawyer rendered ineffective assistance of counsel under Strickland v. Washington', or (ii) the prosecutor in this case engaged in misconduct that entitles Defendant to relief from Defendant's conviction or sentence. 5

6 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 6 of 8 8. Forfeiture Defendant agrees to consent to the entry of an order offorfeiture for funds on deposit in EFG Bank von Ernst AG account ending in 0882 toward satisfaction of the $916,000 money judgment entered on or about July 28, 1995 in United States v. Yerardi, 93-cr-10278, and waives any and all claims to such assets. Defendant agrees to assist fully in the forfeiture of the foregoing assets and Defendant agrees to promptly take all steps necessary to pass clear title to the forfeited assets to the United States, including but not limited to executing any and all documents necessary to transfer such title, assisting in bringing such assets into the jurisdiction ofthe United States, and taking all steps necessary to ensure that assets subject to forfeiture are not sold, disbursed, wasted, hidden or otherwise made unavailable for forfeiture. Defendant further agrees not to assist any third party in asserting a claim to the forfeited assets in an ancillary proceeding. The Defendant acknowledges that her sons A. Kayvon Bina and Joseph K. Yerardi also waive any and all claims to the funds on deposit in EFG Bank von Ernst AG account ending in 0882 as reflected in the attached settlement agreement. 9. Information For Presentence Report Defendant agrees to provide all information requested by the U.S. Probation Office concerning Defendant's assets. 10. Civil Liabilitv By entering into this Plea Agreement, the U.S. Attorney does not compromise any civil liability, including but not limited to any tax liability. Defendant may have incurred or may incur as a result of Defendant's conduct and plea of guilty to the charges specified in Paragraph 1 of this Plea Agreement. 11. Withdrawal ofplea Bv Defendant or Rejection ofplea bv Court Should Defendant move to withdraw her guilty plea at any time, or should the Court reject the parties' agreed-upon dispositionof the case or any other aspect of this Plea Agreement, this Plea Agreement shall be null and void at the option of the U.S. Attorney, In this event. Defendant agrees to waive any defenses based upon the statute of limitations, the constitutional protection against pre-indictment delay, and the Speedy Trial Act with respect to any and all charges that could have been timely brought or pursued as ofthe date ofthis Plea Agreement. 12. Breach ofplea Agreement Ifthe U.S. Attorney determines that Defendant has failed to comply with any provision of this Plea Agreement, has engaged in any of the activities set forth in Paragraph 4(a)-(j), has violated any condition of Defendant's pretrial release, or has committed any crime following Defendant's execution of this Plea Agreement, the U.S. Attorney may, at her sole option, be released from her commitments under this Plea Agreement in their entirety by notifying Defendant, through counsel or otherwise, in writing. The U.S. Attorney may also pursue all remedies available to her under the law, regardless whether she elects to be released from her 6

7 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 7 of 8 commitments under this Plea Agreement. Further, the U.S. Attorney may pursue any and all charges which otherwise may have been brought against Defendant and/or have been, or are to be. dismissed pursuant to this Plea Agreement. Defendant recognizes that lier breach of any obligation under this Plea Agreement shall not give rise to grounds for withdrawal of Defendant's guilty plea, but will give the U.S. Attorney the right to use against Defendant before any grand jury, at any trial or hearing, or for sentencing purposes, any statements made by Defendant and any information, materials, documents or objects provided by Defendant to the government, without any limitation, regardless of any prior agreements or understandings, written or oral, to the contrary. In this regard, Defendant hereby waives any defense to any charges that Defendant might othei*wise have based upon any statute of limitations, the constitutional protection against pre-indictment delay, or the Speedy Trial Act. 13. Who Is Bound Bv Plea Aizreement This Plea Agreement is limited to the U.S. Attorney for the District of Massachusetts, and cannot and does not bind the Attorney General ofthe United States or any other federal, state or local prosecutive authorities. 14. Complete Agreement This Plea Agreement can be modified or supplemented only in a written memorandum signed by the parties or on the record in court. If this letter accurately reflects the agreement between the U.S. Attorney and Defendant, please have Defendant sign the Acknowledgment of Plea Agreement below. Please also sign below as Witness. Return the original ofthis letter to Assistant U.S. Attorney Michael L. Tabak. Very truly yours, CARMEN M. ORTIZ United States Attorney By: Cynj Chief, Criminal Division Michael L. Tabak Assistant U.S. Attorney

8 Case 1:16-cr RGS Document 3 Filed 09/16/16 Page 8 of 8 ACKNOWI-KnOMENTOF PLEA AGREEMENT I have- read this letter in its entirety and discussed it with my attorney, ^ereby acknowledge that it fully sets forth my agreement with die United States Attorney s the District of Massachusetts. Ifurther state that no additional promises or representation toye been made to me by any ofbcial of the United States in connection with this m^to, and that I have received no prior offers to resolve this case. Iunderstand the cnme to which Ihave agreed to plead guilty, the maximum penalties for that offense and Sent^cmg Gw^ehne pen^dw potentially applicable to it I am satisfied with the legal representation prowded to me ^ my attorney We have had sufficient time to meet and discuss my case. We have discuss^ toe charge against me, possible defenses Imight have, the terms ofthis Ishould go to trial. Iam entering into this Plea Agreement fi:eely, voluntank^ o gy because 1am guilty of the offense to which I am pleadmg guilty and^l^eheve this Plea Agreement is inmy best interest RAFIAF Defendant Date:. I certify that Rafia Feghi has read this Plea Agreement and that we have discussed its meaning. Ibelieve she understands the Plea Agreement and is entering into the Plea A^ment "voluntarily, and toowingly. Ialso certify that the U.S. ^ey has not extended any other offers to resolve this matter. / Walter B. Prince Attomey for Defendant Date:

9 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 1 of 7 AGREED STATEMENT OF FACTS The United States of America and defendant Rafia Feghi ("Feghi") agree that Feghi is guilty as charged in the Information of conspiracy to defraud the United States and to obstruct justice, in violation of 18U.S.C The United States and Feghi further agree to the following facts: Feghi was bom in Iran and is a dual citizen ofiran and ofthe United States. Feghi has been married to Joseph A. Yerardi, Jr. ("Yerardi") since They began living together in Between approximately 1986 and 1993, Yerardi earned cash from illegal racketeering activities including bookmaking and extortion. Yerardi was indicted in 1993 and convicted in 1995 in the United District Court for the District of Massachusetts for racketeering, operating an illegal gambling business, extortionate transactions, money laundering, and other crimes. Yerardi's sentence on that 1993 indictment included 135 months' imprisonment, a $916,000 forfeiture in the form of a personal money judgment, and a $50,000 fine. In the more than 21 years since that judgment of conviction, the forfeiture and the fine have never been paid. While serving his prison sentence on the 1993 indictment, Yerardi's illegal businesses continued, with the day-to-day operations being conducted by Arthur Gianelli and other criminal associates of Yerardi who were not in prison. Throughout that period, Feghi received what she knew were criminal proceeds, which she received mainly in cash and sometimes in money orders. In 2005, shortly after Yerardi completed his prison sentence from the 1993 indictment, Yerardi, Feghi, Gianelli, and others were indicted in the District of Massachusetts for racketeering and other crimes committed in the years between 1999 and Gianelli and three

10 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 2 of 7 other defendants went to trial on that indictment and were convicted. Yerardi, Feghi, and other defendants pled guilty to felonies charged in the 2005 indictment. In December 2008, before pleading guilty in that case, Feghi filed a motion in which she falsely swore that she was financially unable to afford counsel. In June 2009, shortly after being sentenced in that case, Feghi filed a motion to eliminate the $3,000 fme that had been ordered, falsely claiming that she could not afford to pay the fine. Also during 2009, after being sentenced in that case, Yerardi filed a motion in which he falsely claimed to be indigent and asked the Court to eliminate the $50,000 fine from the 1993 indictment as well as the $72,500 in interest charges that had accrued on that unpaid fine. That motion was granted by the Court. However, on March 24, 2010, the Principality of Liechtenstein notified the United States that Feghi controlled a suspicious account at EFG Bank von Ernst in Liechtenstein which held over $800,000. A judge in Liechtenstein fi-oze that account. During July 2010, on motion ofthe United States, the United States District Court for the District of Massachusetts found that the United States had established probable cause that the funds in that Liechtenstein account were subject to forfeiture to the United States pursuant to the judgment against Feghi's husband Yerardi from the 1993 indictment. Accordingly, the Court issued an order restraining those funds. But, between September 2010 and July 2016, Feghi and her co-conspirators took a series ofsteps to defraud the United States ofthe funds in the Liechtenstein account and to obstruct justice. Those acts - which took place in Massachusetts, Canada, and Liechtenstein ~ included the following, among others:

11 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 3 of 7 On August 29, 1991, hours after a search warrant was executed at the apartment of Feghi and her husband Yerardi, and in anticipation of Yerardi being prosecuted, Feghi had Co-Conspirator travel to Canada and open a bank account there in his own name, with $200,000 of proceeds from Yerardi's criminal activities that Feghi withdrew from a bank account that she controlled at Brookline Savings Bank. On or about December 30, 1991, after additional proceeds had been added to that account, Co-Conspirator A closed the account and the balance of $283, was deposited into an account in Feghi's own name at the Royal Bank ofcanada. During August 1993, shortly before Yerardi was indicted, Feghi removed all the funds from the Royal Bank of Canada account that was in her own name. A new bank account, with an initial deposit of $400,000, was opened at Royal Bank of Canada in the name of Co-Conspirator B but as to which Feghi had power of attomey, and the address on the account was Feghi's address in Massachusetts, even though Co-Conspirator B was a citizen and full-time resident ofiran. On January 27, 1995, after the government learned (through another search warrant) and informed the Court ofthe existence of the account in the name of Co-Conspirator B at the Royal Bank of Canada, the Court issued an Order directing that Yerardi's assets up to a total of$916,000 ~ explicitly including the account in the name of Co-Conspirator B at the Royal Bank of Canada - be ' The identities ofco-conspirators Athrough Eand Individual 1are known to the United States and to Feghi but are not being publicly disclosed since those individuals have not been indicted.

12 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 4 of 7 restrained and repatriated in order to protect the assets for forfeiture in the event that Yerardi was convicted on the pending indictment that had been filed on October 14,1993. During February 1995, Co-Conspirator Bclosed the account at the Royal Bank of Canada, causing its balance of $409,000 to be deposited into a new account at LOT Bank in Liechtenstein in the name of Co-Conspirator B but as to which Feghi had power ofattorney. In addition, on February 1, 1995, defendant Feghi opened an account in Feghi's own name at LOT Bank in Liechtenstein, giving power of attomey to Co-Conspirator A. On this account, Feghi falsely listed as Feghi's own address the address in Iran of Co-Conspirator B. During 1995, defendant Feghi deposited more than $272,000 into this account. 4 Yerardi's sentence on July 28,1995 included the forfeiture of$916,000 and a fine of$50,000, and the Court, under 18 U.S.C. 1963(j), ordered "Yerardi, and all other persons within the jurisdiction ofthis Court who are holding Yerardi assets outside of the United States... to repatriate those assets forthwith." Defendant Feghi closed her account at LOT Bank in Liechtenstein on September 27, 1995 and transferred its entire remaining balance of $282,000 into an account at LGT Bank in Liechtenstein in the name of Co-Conspirator A, with Feghi having signature authority over that account. On March 1,1996, the account in the name ofco-conspirator Awas closed, with the balance of $304,600 being deposited into a new account at LGT Bank in 4

13 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 5 of 7 Liechtenstein in the name of Co-Conspirator C, with Feghi having power of attomey. During December 1999, Feghi opened an account at Bank von Ernst (which later became EFT Bank von Ernst) in Liechtenstein in Feghi's own name, but falsely gave, as her home address, the Iranian address of Co-Conspirator B. By mid- January 2000, Feghi had transferred into this account $533,000 in securities from the LOT Bank in Liechtenstein account in the name of Co-Conspirator B plus $281, from the LOT Bank in Liechtenstein account in the name of Co-Conspirator C, thereby closing those accounts in the names ofco-conspirator B and Co-Conspirator C. During 2002, EFG Bank von Ernst in Liechtenstein notified Feghi that because of a new regulation, the bank would be required to notify the United States government of all accounts held by United States citizens. Feghi thereupon traveled to Liechtenstein and submitted account opening documents in the name ofco-conspirator B, with Feghi having power ofattomey over that new account. Feghi closed the existing account that was in Feghi's own name at EFG Bank von Ernst, and transferred the balance of $866,181 into the new account in the name ofco-conspirator B. Between 2002 and 2010, Feghi withdrew money and conducted transactions on the account, never notifying EFG Bank von Emst that Co-Conspirator B died in 2004, which would have terminated Feghi's power ofattomey over that account.

14 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 6 of 7 During March 2005, Co-Conspirator A testified under a statutory use immunity order, inthe grand jury that was investigating Yerardi and Feghi. Co-Conspirator Aknowingly and intentionally testified falsely about Feghi's assets and source of funds. During December 2008 and June 2009, in connection with the 2005 indictment of Feghi, Feghi filed motions and affidavits with this Court in which Feghi falsely claimed that she was indigent and did not disclose any of the accounts mentioned above. Beginning in November 2010, after the Principality of Liechtenstein concluded that the EFG Bank von Ernst account in the name of Co-Conspirator B ~ as to which Feghi had power ofattorney ~ was a suspicious account and obtained a court order freezing that account, Feghi, Co-Conspirator D, and Co-Conspirator E, with the assistance of Co Conspirator A, filed documents with the court in Liechtenstein in which they sought removal ofthe freeze on the account, based on a series of statements that were materially false, regarding the true owner of that account and the true source ofthe funds in that account. On July 28, 2010, the District Court (Gorton, J.) granted the government's motion to restrain the funds in that Liechtenstein account in order to preserve them for forfeiture pursuant to the July 28, 1995 orders that the Court (Keeton, J.) had entered. But, Feghi, Co-Conspirator D, and Co-Conspirator E filed documents with this Court in which they sought removal of the restraint on the account.

15 Case 1:16-cr RGS Document 3-1 Filed 09/16/16 Page 7 of 7 based on a series of statements that were materially false, regarding the true owner of that account andthetrue source of the funds in thataccount. During June 2011, August 2011, and April 2012, Co-Conspirator D and Co- Conspirator Efiled amotion, personal affidavits, and legal briefs with this Court, which contained false material statements about that account. During May 2014, Co-Conspirator Dand Co-Conspirator Eprovided materially false testimony in depositions conducted in connection with the pending proceedings before this Court concerning forfeiture to the government of the account in the name of Co-Conspirator B at EFG Bank von Ernst. Between October 2015 and June 2016, Feghi demanded that the government take sworn testimony from Individual 1, whom Feghi falsely claimed could and would provide testimony exculpating Feghi and her co-conspirators.