Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 1 of 19 PageID #:257

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1 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 1 of 19 PageID #:257 UNITED STATES OF AMERICA v. CZIMER'S GAME AND SEAFOODS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT No. 02 CR 418-i& Judge Blanche M. -._) ',8. u i'. LUUJ Mlf'HAEI!N 0 CLER.x _ 0Bf:li!IIS u S Mann, ing. UIST RICT COURT DOCKETED MAR This Plea Agreement between the United States Attorney for the Northern District of Illinois, PATRICK J. FITZGERALD, and the defendant, CZIMER' S GAME AND SEAFOODS, INC., and its attorney, ALAN BRUGGEMAN, is made pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and is governed in part by Rule 11 (c) ( 1) (C), as more fully set forth in Paragraph 19, below. This Plea Agreement is entirely voluntary and represents the entire agreement between the United States Attorney and defendant regarding defendant's criminal liability in Case No. 02 CR This Plea Agreement concerns criminal liability only, and nothing herein shall limit or in any way waive or release any administrative or judicial civil claim, demand or cause of action, whatsoever, of the United States or its agencies. Moreover, this Agreement is limited to the United States Attorney's Office for the Northern District of Illinois and cannot bind any other federal, state or local prosecuting, administrative or regulatory authorities except as expressly set forth in this Agreement. By this Plea Agreement, PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, and the defendant,

2 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 2 of 19 PageID #:258 RICHARD CZIMER, JR., and its attorney, ALAN BRUGGEMAN, have agreed upon the following: l. Defendant acknowledges that it has been charged in the indictment in this case with knowingly selling, receiving, acquiring, and purchasing wildlife that was taken, possessed, transported, and sold, in violation of laws, treaties, and regulations of the United States, knowing that said wildlife had been taken, transported and sold unlawfud; + it violation of 16;2() Q u. s.c (a) (l) and 3373 (d) (l) (B) (C@;;mt ); and knowingly _/ purchasing, receiving, and acquiring wildlife that was taken, possessed, transported, and sold, in violation of laws, treaties, and regulations of the United States, when, in the exercise of due care, defendant should have known that the wildlife was taken, possessed, transported, and sold unlawfully, in violation of 16 U. S. C (a) ( 1) and (d) ( 2). 2. Defendant has read the charges against it contained in the indictment, and those charges have been fully explained to it by its attorney. 3. Defendant fully understands the nature and elements of the crimes with which it has been charged. 4. Defendant will enter a voluntary plea of guilty to Count Six of the indictment in this case. 5. Defendant will plead guilty because it is in fact guilty of the charge contained in Count Six of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish its guilt beyond a reasonable doubt: 2

3 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 3 of 19 PageID #:259 On or about August 7, 1997, Northern District of Illinois, at Lockport, Illinois, in the Eastern Division, defendant knowingly received, acquired, and purchased wildlife, namely, the meat of one endangered leopard (panthera pardus) that was taken, possessed, transported, and sold, in violation of laws, treaties, and regulations of the United States; in violation of Title 16, United States Code, Sections 3372 (a) (1) and 3373 (d) (1) (B). More specifically, during the period January 1997 through May 5, 1999, Richard J. Czimer, Jr. ("Czimer" ) was the owner, president, and general manager of defendant, and acted as defendant's agent. Defendant was in the business of purchasing the meat and parts of exotic and game animals, and selling, and offering for sale, the meat and parts of said wildlife to wholesale and retail customers, including the public, for human consumption. On or about August 7, 1997, defendant, through Czimer, agreed to purchase the meat of two lions from co-defendants William R. Kapp and Steven Galecki. Czimer met Kapp and Galecki, as well as co-defendant Kevin Ramsey and an individual referred to herein as "Individual A, " who were with Kapp and Galecki, at defendant's premises. Czimer assisted Kapp, Galecki, Ramsey, and Individual A in moving the freshly killed carcasses of two lions, two mountain lions, and one black, spotted leopard (panthera pardus) from Galecki 's van to the back building on defendant's premises. Defendant acknowledges that the five cats were killed at the Funky Monkey Animal Park in Crete, Illinois shortly before being brought to defendant's premises. 3

4 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 4 of 19 PageID #:260 After the carcasses had been hung on hooks, they were photographed. Knowing that the leopard was a member of an endangered species, and that it was illegal to kill or possess an endangered species, Czimer moved the leopard carcass away from the other carcasses so that it would not be photographed. Thereafter, in Czimer' s presence, Kapp, Galecki, Ramsey, and Individual A gutted and skinned the cats, including the leopard. Kapp and Galecki offered to sell the meat of the mountain lions at the same price as the two lions defendant had previously agreed to purchase, and Czimer agreed. Czimer then volunteered to purchase the meat of the leopard at the same price. In doing so, Czimer acknowledged to Kapp that the leopard was not something he was supposed to have, but said that, once the skin was removed, the leopard would be indistinguishable from a small lion. Czimer informed Kapp that he would have to sell the meat of the leopard labeled as "lion. Czimer paid for the carcasses of all of the cats, including the leopard (without skins), with a check in the amount of $2, , drawn on the account of defendant, and made payable to Steven Galecki. With the assistance of one of defendant's employees, Czimer then butchered all five cats, including the leopard, and sold the meat and other parts, labeled as "lion, for profit. Knowing that its conduct was unlawful, defendant sold, and offered to sell, the meat and other parts of the leopard purchased 4

5 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 5 of 19 PageID #:261 from Kapp and Galecki on August 7, 1997 for a total price of approximately $1, 300. During the month of August 1997, leopards were listed as endangered under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Endangered Species Act, and Title 50, Code of Federal Regulations, Sections and Defendant also acknowledges that for the purpose of computing its sentence under the U. S. Sentencing Guidelines, the following conduct, to which it stipulates, constitutes relevant conduct under Section 1B1. 3 of the Guidelines: On or about August 19, 1997, Richard J. Czimer, defendant' s owner, president, and general manager, acting as defendant' s agent, agreed to purchase the carcasses of two tigers from co-defendant William Kapp. On or about August 20, 1997, Czimer met codefendants Kapp and Galecki at defendant' s premises, and allowed Kapp and Galecki to unload the freshly-killed carcasses of two Bengal tigers (Panthera tigris) (with skins) into the back building on defendant' s premises. Czimer paid for the carcasses of the two tigers (without skins) with a check in the amount of $1, 626, drawn on the account of defendant, and made payable to William Kapp. Kapp informed Czimer that he was selling the hide of one of the tigers to a doctor. After the tigers were skinned by Kapp and Galecki, Czimer butchered both tigers, with the assistance of one of defendant' s employees. Knowing that its conduct was unlawful, defendant sold 5

6 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 6 of 19 PageID #:262 the meat and other parts of the tigers the tigers purchased from Kapp on August 20, 1997, labeled as "lion, " for profit. After August 1997, defendant knew that any exotic cats brought to defendant by Kapp as likely as not were members of species listed as endangered, such as tigers or leopards. On or about February 18, 1998, during a telephone conversation with William Kapp, Czimer agreed to purchase from Kapp the carcasses of four exotic cats. Based on Kapp' s representation that he would be unable to deliver the carcasses until late at night, Czimer arranged to leave a key so that Kapp could enter the back building on defendant's premises, and leave the carcasses in the cooler. Kapp and Kevin Ramsey delivered the carcasses of four freshly-killed tigers to defendant's premises during the night or early morning hours of February 18, Subsequently, Kapp returned to defendant's premises to skin the tigers, and one of defendant's employees butchered them. Czimer paid for the carcasses (without skins) with a check in the amount of $2, , drawn on the account of defendant, and made payable to William Kapp. Defendant sold the meat and other parts, labeled as "lion, " for profit. In the exercise of due care, defendant should have known that the carcasses it purchased on February 18, 1998 were endangered tigers that had been taken, possessed, regulations transported, and sold in violation of the laws and of the United States, and that its conduct was unlawful. 6

7 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 7 of 19 PageID #:263 On or about March 25, 1998, during a telephone conversation with Kapp, Czimer agreed to purchase from Kapp the carcasses of eight exotic cats. Once again, Czimer arranged to leave a key so that Kapp could enter the back building on defendant's premises and leave the carcasses in the cooler. During the night or early morning hours of March 25, 1998, defendant' s cooler the carcasses Kapp and Ramsey delivered to of eight freshly-killed and skinned tigers. Czimer paid for the carcasses (without skins) with a check in the amount of $4, 986, drawn on the account of defendant, and made payable to William Kapp. Subsequently, Czimer and one of defendant' s employees butchered the tigers. Defendant sold the meat and other parts, labeled as "lion, " for profit. In the exercise of due care, defendant should have known that the carcasses he purchased on March 25, 1998 were endangered tigers that had been taken, possessed, transported, and sold in violation of the laws and regulations of the United States, and that its conduct was unlawful. On or about April 1, 1998, during a telephone conversation with Kapp, Czimer agreed to purchase from Kapp the carcasses of three exotic cats. Subsequently, Kapp and Ramsey delivered the freshly-killed carcasses of two lions and one small tiger to Czimer' s premises. After the carcasses were skinned, defendant and one of defendant' s employees butchered them. Czimer paid for the carcasses (without skins) with a check in the amount of $2, 290, drawn on the account of defendant, and made payable to William 7

8 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 8 of 19 PageID #:264 Kapp. Defendant sold the meat and other parts of all three carcasses, including that of the tiger, labeled as "lion," for profit. In the exercise of due care, defendant should have known that one of the carcasses it purchased on April l, 1998 was an endangered tiger that had been taken, possessed, transported, and sold in violation of the laws and regulations of the United States, and that its conduct was unlawful. On or about October 31, 1998, during a telephone conversation with Kapp, Czimer agreed to purchase from Kapp the carcass of two exotic cats. Once again, Czimer arranged to leave a key so that Kapp could enter the back building on defendant's premises at night, and leave the carcasses in the cooler. Kapp, together with another individual referred to herein as "Individual B, " brought one tiger and one " liger " (one parent of which was a tiger, while the other was a lion) to the parking lot on defendant' s premises during the night or early morning hours of October 31, 1998, and shot and killed the animals in a trailer parked in defendant's parking lot. Kapp and Individual B moved the carcasses of the two animals into defendant's cooler, and left them there, with their skins. Subsequently, Kapp returned and skinned the two animals, and Czimer and one of defendant's employees thereafter butchered the carcasses. Czimer paid for the carcasses (without skins) with a check in the amount of $1, 431, drawn on the account of defendant, and made payable to William Kapp. Defendant sold the meat and other parts of the two cats, including the tiger, labeled as 8

9 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 9 of 19 PageID #:265 "lion, " for profit. In the exercise of due care, defendant should have known that one of the carcasses it purchased from Kapp on October 31, 1998 was a tiger that had been taken, possessed, transported, and sold in violation of the laws and regulations of the United States, and that its conduct was unlawful. The tiger meat sold by defendant included the following: (a) one package marked "lion chops, " three packages marked "lion steak, " and one package marked "lion neck bones, " which was purchased by an undercover agent on February 25, 1999; (b) one package marked "lion neck bones" and one package marked "lion cutlets, " which was purchased by an undercover agent on March 9, 1999; and (c) one package marked "lion neck bones, " which was purchased by an undercover agent on March 16, Defendant sold, and offered to sell, the meat and other parts of the tigers purchased from Kapp and Galecki during the period August 1997 through October 1998, for prices totaling approximately $52,635, earning a total profit of approximately $38, At all relevant times, Czimer knew that tigers were endangered, and that it was illegal to kill, sell, or offer for sale, tiger meat and parts. Beginning in or about March 1998 and continuing through May 1999, Czimer allowed co-defendant William Kapp to store on defendant's premises skins and other wildlife parts, including the following: (a) one tiger hide labeled "Foshee;" (b) one leopard hide labeled "Hetzel;" (c) one tiger hide labeled "Greg' s T 1;" (d) one tiger hide labeled "Dan's T 1;" (e) one tiger hide labeled 9

10 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 10 of 19 PageID #:266 "Dan's #2 Tl;" and (f) one tiger hide labeled "Bill's tiger. " While Czimer was aware that Kapp was engaged in the business of selling, and performing taxidermy work on, hides and other parts of exotic animals, including endangered species, defendant did not inquire or look to see the type of wildlife parts Kapp stored on his business premises. During the period August 1997 through October 1998, tigers were listed as endangered under Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Endangered Species Act, and Title 50, Code of Federal Regulations, Sections and The information set forth in this paragraph, and in paragraph 5 of this plea agreement, is provided solely for the purpose of establishing a factual basis for this guilty plea, and summarizing relevant conduct. It does not reflect all the information about the crimes charged in the indictment, and related events, known by defendant. 7. For purposes of applying the guidelines promulgated by the United States Sentencing Commission pursuant to Title 28, United States Code, Section 994, the parties agree, and disagree, on the following: (a) The sentencing guidelines in effect on November 1, 1998 should be used because they are more favorable to defendant. (b) A remedial order pursuant to USSG 8Bl. 2(a) is appropriate. 10

11 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 11 of 19 PageID #:267 (c) Community service pursuant to USSG 8B1. 3 is not appropriate. (d) An order of notice to victims, pursuant to USSG 8Bl. 4 is not appropriate. (e) Defendant has the ability to pay a fine and, thus, a fine is appropriate pursuant to USSG 8C (f) A term of probation is necessary to ensure that changes are made within the organization to reduce the likelihood of future criminal conduct, pursuant to 8Dl. l (a) ( 6). Because the offense of conviction is a felony, the term of probation shall be at least one year but not more than five years, pursuant to 8D1.2 (a) (1); and (g) Defendant and its attorney and the government acknowledge that the above calculations are preliminary in nature and based on facts known to the government as of the time of this Agreement. Defendant understands that the Probation Department will conduct its own investigation and that the Court ultimately determines the facts and law relevant to sentencing, and that the Court's determinations govern the final Sentencing Guidelines calculation. Accordingly, the validity of this Agreement is not contingent upon the probation officer's or the Court's concurrence with the above calculations. 8. Errors in calculations or interpretation of any of the guidelines may be corrected by either party prior to sentencing. The parties may correct these errors or misinterpretations either by stipulation or by a statement to the probation office and/or 11

12 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 12 of 19 PageID #:268 Court setting forth the disagreement as to the correct guidelines and their application. The validity of this Agreement will not be affected by such corrections, and defendant shall not have a right to withdraw its plea on the basis of such corrections. 9. Defendant understands that the count to which it will plead guilty carries the following penalties: (a) a term of probation of five (5) years, a maximum fine of $250, 000, together with any forfeiture and restitution ordered by the Court. 10. Defendant understands that in accord with federal law, Title 18, United States Code, Section 3013, upon entry of judgment of conviction, defendant will be assessed $200 on the count to which it has pled guilty, in addition to any other penalty imposed. Defendant agrees that it will pay the special assessment of $200 at the time of sentencing with a check or money order made payable to the Clerk of the U. S. District Court. 11. Defendant understands that by pleading guilty it surrenders certain rights, including the following: (a) If defendant persisted in a plea of not guilty to the charges against it, it would have the right to a public and speedy trial. The trial could be either a jury trial or a trial by the judge sitting without a jury. Defendant has a right to a jury trial. However, in order that the trial be conducted by the judge sitting without a jury, defendant, the government, and the judge all must agree that the trial be conducted by the judge without a jury. 12

13 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 13 of 19 PageID #:269 (b) If the trial were a jury trial, the jury would be composed of twelve laypersons selected at random. Defendant and its attorney would have a say in who the jurors would be by removing prospective jurors for cause where actual bias or other disqualification is shown, or without cause by exercising so-called peremptory challenges. The jury would have to agree unanimously before it could return a verdict of either guilty or not guilty. The jury would be instructed that defendant is presumed innocent, and that it could not convict it unless, after hearing all the evidence, it was persuaded of defendant's guilt beyond a reasonable doubt, and that it was to consider each count of the indictment separately. (c) If the trial were held by the judge without a jury, the judge would find the facts and determine, after hearing all the evidence, and considering each count separately, whether or not the judge was persuaded of defendant's guilt beyond a reasonable doubt. (d) At a trial, whether by a jury or a judge, the government would be required to present its witnesses and other evidence against defendant. Defendant would be able to confront those government witnesses and its attorney would be able to crossexamine them. In turn, defendant could present witnesses and other evidence in its own behalf. If the witnesses for defendant would not appear voluntarily, it could require their attendance through the subpoena power of the court. 12. Defendant understands waiving all the rights set that by pleading guilty it is forth in the prior paragraph. 13

14 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 14 of 19 PageID #:270 Defendant's attorney has explained those rights to it, and the consequences of its waiver of those rights. Defendant further understands it is waiving all appellate issues that might have been available if it had exercised its right to trial. 13. Defendant is also aware that Title 18, United States Code, Section 3742 affords a defendant the right to appeal the sentence imposed. Acknowledging this, defendant knowingly waives the right to appeal any sentence within the maximum provided in the statutes of conviction or the manner in which that sentence was determined, in exchange for the concessions made by the United States in this Plea Agreement. Defendant also waives its right to challenge its sentence or the manner in which it was determined in any collateral attack, including but not limited to a motion brought under Title 28, United States Code, Section The waiver in this paragraph does not apply to a claim of involuntariness, or ineffective assistance of counsel, which relates directly to this waiver or to its negotiation. 14. Defendant understands that the indictment and this Plea Agreement are matters of public record and may be disclosed to any party. 15. The parties agree that Czimer's Game and Seafoods, Inc., a corporation authorized to do business in Illinois, is entering into this plea agreement pursuant to the directive of its president, Richard J. Czimer, Jr., which directive has been authorized in a resolution by its sole director. The parties agree 14

15 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 15 of 19 PageID #:271 that this resolution is sufficient authorization for Czimer's Game and Seafoods, Inc. to enter into this plea agreement. 15. Defendant understands that the United States Attorney's Office will fully apprise the District Court and the United States Probation Office of the nature, scope and extent of defendant's conduct regarding the charges against it, and related matters, including all matters in aggravation and mitigation relevant to the issue of sentencing. 16. In return for the concessions made by the government pursuant to this agreement, defendant agrees that any term of probation ordered by the Court will include as a special condition the requirement that defendant pay $116,000 to the United States Fish and Wildlife Foundation's Save the Tiger Fund ("Save the Tiger Fund"), due immediately, which obligation shall be joint and several. with Richard J. Czimer, Jr. Defendant understands and agrees that this payment to the Save the Tiger Fund shall not be treated as satisfaction of any fine, cost of imprisonment, or any other penalty the Court may impose upon defendant. 17. At the time of sentencing, the parties agree to jointly recommend: (a) that the Court impose a sentence within the applicable sentencing guidelines range; (b) that the sentence imposed by the court include as a special condition of supervised release that defendant pay $116,000 to the United States Fish and Wildlife Foundation's Save the Tiger Fund, due immediately, which obligation shall be joint and several with Richard J. Czimer, Jr. 15

16 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 16 of 19 PageID #:272 Both parties are free to recommend any sentence within the applicable guidelines range. 19. This Plea Agreement is governed, in part, by Federal Rule of Criminal Procedure 11 (c)(1)(c). That is, the parties have agreed that the sentence imposed by the Court shall include (a) a sentence within the applicable sentencing guidelines range; and (b) a requirement that defendant pay $116, 000 to the United States Fish and Wildlife Foundation's Save the Tiger Fund as a special condition of probation, due immediately, which obligation shall be joint and several with Richard J. Czimer, Jr. Other than the agreed sentence set forth above, the parties have agreed that the Court remains free to impose any fines, costs, restitution, and/or term and conditions of probation, the Court deems appropriate. If the Court accepts and imposes the agreed sentence set forth above, defendant may not withdraw this plea as a matter of right under Federal Rule of Criminal Procedure 11(d) and (e) If, however, the Court refuses to impose the agreed sentence set forth herein, thereby rejecting the Plea Agreement, or otherwise refuses to accept defendant's plea of guilty, then this Agreement shall become null and void and neither party will be bound thereto. 20. Defendant understands that Section SC of the Sentencing Guidelines sets forth the factors to be weighed in setting a fine, if any, and in determining the schedule, if any, according to which a fine is to be paid in this case. Defendant agrees to provide full and truthful information to the Court, the United States Probation Office, and the United States Attorney's Office regarding 16

17 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 17 of 19 PageID #:273 all details of its economic circumstances in order to determine the proper fine and fine schedule, if any. Defendant understands that providing false or incomplete information may be prosecuted as a violation of Title 18, United States Code, Section 1001, or as a contempt of the court, and would constitute a breach of this Plea Agreement. 21. The parties agree that there exist no aggravating or mitigating circumstances of any kind, or to a degree, not adequately taken into account by the Sentencing Commission in formulating the guidelines that should result in a departure from the applicable guidelines range. Accordingly, the parties agree not to move for a sentence outside of the applicable guidelines range. 22. Defendant acknowledges that, pursuant to Title 16, United States Code, Section 3374 (a), certain personal property was alleged in the indictment to be subject to forfeiture; specifically, the indictment charges that, pursuant to Title 16, United States Code, Section 3374 (a), defendant and its co-defendants subjected personal property to forfeiture, namely: (a) the following items seized from the premises of Czimer's Game and Sea Foods, Inc., on May 5, 1999: (1) one tiger hide marked with the name of a customer of Kapp; and (2) one leopard hide marked "Foshee;" and (b) the following items recovered from defendant Richard C. Czimer, Jr. on or about May 12, 1999: (l) one tiger hide marked "Greg's T1;" (2) one tiger hide marked "Don' s T1;" ( 3) one tiger hide marked "Don' s #2 T1;" and (4) one tiger hide marked "Bill's Tiger," which 17

18 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 18 of 19 PageID #:274 property constitutes wildlife taken, sold, purchased, offered for sale and purchase, transported, received, acquired, delivered, carried and shipped, contrary to the provisions of Title 16, United States Code, Sections 3372 and 3373, and regulations issued pursuant thereto. Defendant acknowledges and represents that it has no right, title, or interest in the above-described property, and has no objection to the forfeiture of this property. 23. After sentence has been imposed on the count to which defendant pleads guilty as agreed herein, the government will move to dismiss the remaining counts of the indictment, as to defendant. 24. Defendant understands that its compliance with each part of this Plea Agreement extends throughout and beyond the period of its sentence, and failure to abide by any term of the Plea Agreement is a violation of the Agreement. Defendant further understands that in the event that it violates this Agreement, the government, at its option, may move to vacate the Plea Agreement, rendering it null and void, and thereafter prosecute defendant not subject to any of the limits set forth in this Agreement, or to resentence defendant. Defendant understands and agrees that in the event that this Plea Agreement is breached by defendant, and the Government elects to move to vacate the Plea Agreement and prosecute defendant, any prosecutions that are not time-barred by the applicable statute of limitations on the date of the signing of this Agreement may be commenced against defendant in accordance with this paragraph, notwithstanding the expiration of the statute 18

19 Case: 1:02-cr Document #: 92 Filed: 02/28/03 Page 19 of 19 PageID #:275 of limitations between the signing of this Agreement and the commencement of such prosecutions. 25. Defendant and its attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in this Agreement, to cause defendant to plead guilty. 26. Defendant agrees this Plea Agreement shall be filed and become a part of the record in this case. 27. Defendant acknowledges that it has read this Agreement and carefully reviewed each provision with its attorney. Defendant further acknowledges that it understands and voluntarily accepts each and every term and condition of this Agreement. AGREED THIS DATE: IJ4 if TRIC FITZG RALD United States Attorney \ By: c IMER' S GAME AND SEAFOODS, INC. Defendant Q, fiij;,.- (),_ RrcHARDJ./CziM / President DEBRA RIGGS NAMICI Assistant United States Attorney 19