Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 1 of 14 \ The Honorable Marsha J. Pechman 111111111111 11111 11111 11111 11111 11111 1111 1111 11111111 111111 11111 11111 1111 11111 111111 111111 09-CR-00214-PLAGR 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 12 13 14 15 UNITED STATES OF AMERICA, Plaintiff, v. NATIVE WHOLESALE SUPPLY, Defendant. No. CR09-214MJP PLEA AGREEMENT 16 17 18 19 20 21 22 23 24 25 26 27 The United States of America, by and through Jenny A. Durkan, United States Attorney for the Western District of Washington, and Mary K. Dimke and Mark Parrent, Assistant United S ates Attorneys for said District, Defendant Native Wholesale Supply, and J. Ronald Sim, its attorney, enter into the following Agreement, pursuant to Federal Rule of Criminal Procedure ll(c)(l)(b): 1. The Charge. Defendant, having been advised of the right to have this matter tried before a jury, agrees to waive that right. and enter a plea of guilty to the following charge contained in Count 19 of the Third Superseding Indictment: Obstruction of Justice, in violation of Title 18, United States Code, Section 1503. By entering this plea of guilty, Defendant hereby waives all objections to the form of the charging document. 2. Elements of the Offense. a. Defendant acknowledges that under established principles of corporate 28 liability and respondeat superior, as these principles apply in this case, corporate defendants are PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 1 UNITED STATES ATTORNEY Seattle, Washingtoo98l01-l271 (206) 553-7970
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 2 of 14 liable for the actions of their employees, agents, and servants under circumstances where the ;I 2 employees, agents, and servants are acting within the scope of their agency and their actions are 3 intended, at least in part, to benefit the corporate defendant. To establish Defendant's liability 4 for the offense of Obstruction of Justice, in violation of Title 18, United States Code, Section 5 1503, the United States must prove that Defendant committed the offense through the acts of its 6 employees, agents, or servants. 7 b. The elements of the offense of Obstruction of Justice, in violation of Title 8 18, United States Code, Section 1503, are as follows: 9 First, the judicial proceeding identified in Count 19 of the Third Superseding 10 Indictment (C08-314MJP) was pending at the time alleged in the Third Superseding Indictment; 11 Second, Defendant Native Wholesale Supply knew that this proceeding was 12 pending; 13 Third, Defendant Native Wholesale Supply filed two declarations containing false 14 statements as alleged in Count 19 of the Third Superseding Indictment; and, 15 Fourth, in doing so, Defendant Native Wholesale Supply corruptly endeavored to 16 influence, obstruct, or impede the due administration of justice in the proceeding identified in 17 Count 19 of the Third Superseding Indictment. 18 3. The Penalties. Defendant understands that the statutory penalties for the offense of 19 Obstruction of Justice, in violation of Title 18, United States Code, Section 1503, are a fine of. 20 up to five hundred thousand dollars ($500,000.00), or twice the gross gain or loss resulting from 21 the unlawful conduct, pursuant to Title 18, United States Code, Sections 3571(c) and 3571(d); a 22 period of probation of up to five (5) years; and a four hundred dollar ($400.00) special 23 assessment. Defendant agrees that the special assessment shall be paid at or before the time of 24 sentencing. 25 Defendant understands that in addition to any fine that is imposed, the Court may order it 26 to pay restitution to any victim of the offense, as required by law. Defendant further understands 27 that a consequence of pleading guilty may include the forfeiture of certain property either as a 28 PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 2 UNITED STATES ATTORNEY 700 Stewal1 Street. Suite 5220 Seattle, Washington 98101-1271. (206) 553-7970!. 1 ) '
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 3 of 14,. <\ part of the sentence imposed by the Court, or as a result of civil judicial or administrative 2 process. 3 Defendant agrees that any monetary penalty the Court imposes, including the special 4 assessment, fine, costs, or restitution, is due and payable immediately. ::..,... ' ; ".., 5 4. Rights Waived by Pleading Guilty. Defendant understands that by pleading guilty, 6 it knowingly and voluntarily waives the following rights: 7 a. The right to plead not guilty and to persist in a plea of not guilty; --1 8 9 b. c. The right to a speedy and public trial before a jury of its peers; The right to the effective assistance of counsel at trial; 10 d. The right to be presumed innocent until guilt has been established beyond 11 reasonable doubt at trial; 12 e. The right to confront and cross-examine witnesses against Defendant at 13 trial; 14 f. The right to compel or subpoena witnesses to appear on its behalf at trial;;:,. 15 g. The right to testify or to remain silent at trial, at which trial such silence.): 16 could not be used against Defendant; and 17 h. The right to appeal a finding of guilt or any pretrial rulings. 18 5. United States Sentencing Guidelines. Defendant understands and acknowledges 19 that, at sentencing, the Court must consider the sentencing range calculated under the 20 United States Sentencing Guidelines, together with the other factors set forth in Title 18, 21 United States Code, Section 3553(a), including: (1) the nature and circumstances of the offense;.. I 22 (2) the history and characteristics of the defendant; (3) the need for the sentence to reflect the.. ; 23 seriousness of the offense if applicable, to promote respect for the law, and to provide just 24 punishment for the offense if applicable; (4) the need for the sentence to afford adequate 25 deterrence to criminal conduct; (5) the need for the sentence to protect the public from further.. 26 crimes of the defendant; (6) the need to provide the defendant with educational and vocational i.y_.= : 27 training, medical care, or other correctional treatment in the most effective manner; (7) the kinds 28 of sentences available; (8) the need to provide restitution to victims; and (9) the need to avoid > PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 3 UNITED STATES ATTORNEY 700 Stewart S1Jeet, Suite 5220 Seanl. Washington 98101-1271 (206) 553-7970
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 4 of 14 unwarranted sentence disparity among defendants involved in similar conduct who have similar '. 2 records. Accordingly, Defendant understands and acknowledges that: :: 3 a. The Court will determine the applicable Sentencing Guidelines range at the 4 time of sentencing; 5 b. After consideration of the Sentencing Guidelines and the factors in 6 18 U.S.C. 3553(a), the Court may impose any sentence authorized by law, up to the maximum 7 term authorized by law; 8 c. J,j> The Court is not bound by any recommendation regarding the sentence to 9 be imposed, or by any calculation or estimation of the Sentencing Guidelines range offered by _. 10 the parties or the United States Probation Department, or by any stipulations or agreements 1 1 between the parties in this Plea Agreement; and 12 d. Defendant may not withdraw a guilty plea solely because of the sentence 13 imposed by the Court... il ' 14 6. Ultimate Sentence. Defendant acknowledges that no one has promised or 15 guaranteed what sentence the Court will impose.. :e 16 7. Statement of Facts. The parties agree on the following facts. Defendant admits 17 that, by and through the action of its employees, agents, and servants, it is guilty of the charg d.... a. : 18 offense, and that the below referenced actions of its employees, agents, and servants were 19 intended to benefit Defendant Native Wholesale Supply. 20 a. On February 21,2008 the United States filed a civil forfeiture action (. 21 captioned United States of America v. First Regional Bank Account No. XX1859 Funds Held 22 in the Name ofrk Company Inc., et al., in the United States District Court for the Western 23 District of Washington, Case No. C08-314MJP (the civil forfeiture action). 24 b. The civil forfeiture action included allegations that $50,000.14 that had 25 been seized from a Wells Fargo Bank account in the name of NWS was subject to forfeiture. 26 c. On March 3, 2009, NWS filed motions in the civil forfeiture action that 27 were supported by a declaration that included certain representations of fact concerning the 28 history of NWS's business relationship, if any, with the. Blue Stilly Smoke Shop. The PLEA AGREEMENT INA TIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 4 UNITED STATES ATTORNEY ' 700 Stewan Street. Suite 5220 Sealtle, Washington 98101-1271,,-,. (206) SS3-7970 '.' ' '
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 5 of 14 declaration falsely stated that NWS has never sold cigarettes to Native American Ventures d/b/a 2 Blue Stilly Smoke Shop (' NAV')," and " NAY is not, and has never been, a customer of NWS 3 and the shipment of cigarettes to NAV was at all times directed by Isleta." 4 d. On or about March 23, 2009 in support of further pleadings seeking 5 dismissal of the forfeiture action, NWS caused a second declaration to be filed which contained ; 6 the false statement HNAV has never placed orders with NWS." 7 e. These statements were untrue because for a period of time in 2004 and 2005 s NWS took over the business of its New Mexico distributor and operated the business in its own 9 name. Several direct sales from NWS, operating out of New Mexico, to Blue Stilly Smoke SbQp 10 occurred during this period of time. II f. Transactional documents reflecting direct sales from NWS to Blue Stilly: '. 12 Smoke Shop were included in the business records of NWS at its headquarters in the Seneca 13 Nation Territory at the time when these declarations were submitted. No one from NWS who 14 was involved in the process of drafting the declarations either searched, or directed others to 15 search, the transactional records that would have demonstrated that the declarations were untrue.. ia 16 g. Searching the transactional records to discover the inconsistent documents 17 would not have been difficult, time consuming, or burdensome. 18 h. When NWS submitted the two declarations containing false statements, th. 1, 1 19 civil forfeiture action was still pending. and NWS knew the action was pending. The statements 20 that were untrue in the declarations were submitted to the court to improperly persuade the court 21 to rule in favor of NWS. 22 8. Administrative Forfeiture. As part of the plea agreement, Defendant Native. 23 Wholesale Supply agrees to pay over to the Bureau of Alcohol, Tobacco, and Firearms (ATF) '!;J!.)JJ, 24 two separate sums of U.S. currency, totaling one million dollars ($1,000,000.00). The first sum;,, 25 will be in the amount of five hundred thousand dollars ($500,000.00) (Sum 1 ). The second sum 26 will be in the amount of five hundred thousand dollars ($500,000.00) (Sum 2). The parties agree 27 that the A TF will administratively forfeit these funds. Defendant agrees not to file a claim to 28 Sum 1 or Sum 2 in the administrative forfeiture proceedings, or any other proceeding, including PLEA AGREEMENT INA TIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 5 TED STATES ATTORNEY Seattle, Washington 98101-1271. (206) 553-7970
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 6 of 14 any civil or criminal forfeiture proceeding. Defendant agrees to fully assist the United States.U}, 2 the administrative forfeiture of Sum 1 and Sum 2 and to take whatever steps are necessary to : 3 pass clear title to the United States, but NWS will not be required to admit to any wrongdoing. 4 Sum 1 must be paid over to the ATF by September 15, 2010. Sum 2 must be paid over to ATF. 5 seven days after the sentencing. 6 The parties agree that the total financial obligation (administrative forfeiture, fine, or 7 restitution) imposed on NWS will be $1,000,000.00, plus a $400.00 special assessment. In the s. event the Court imposes a fine or restitution, the amount of the funds administratively forfeited 9 to the A TF will be reduced by the amount of the Court imposed fine or restitution. 10 9. Agreements as to Sentencinji Recommendation. Pursuant to Rule 11(c)(l)(B) of II the Federal Rules of Criminal Procedure, the parties agree to jointly recommend at the time of 12 sentencing that the Court impose the following sentence:.. 13 a.. '. :t!l Defendant shall be placed on un supervised organizational probation for a 14 period to be determined by the Court, pursuant to USSG 8D 1.1, 8D 1.2. 15 b. A $400.00 special assessment. 16 c. The parties will not recommend a fine or restitution in light of the 17 administrative forfeiture set forth in paragraph 8. 18 d. The only condition of the unsupervised organizational probation shall be: 19 Defendant NWS will comply with all federal and state laws with respect to selling cigarettes in 20 the state of Washington. 21 Defendant understands that the Court is not bound by the parties' recommendation, and is 22 free to impose whatever sentence the Court deems appropriate, within the statutorily defined 23 maximum penalties. 24 10. Withdrawal of all pending motions. As part of this Plea Agreement, Defendant :. ' ' 25 Native Wholesale Supply agrees to withdraw all pending motions in this matter, case number 26 CR09 214MJP. 27 11. Dismissal of C08-314MJP. As part of this Plea Agreement, in light of the 28 administrative forfeiture set forth in paragraph 8, the United States agrees to dismiss with., PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP - 6 UNITED STATES ATTORNEY Seattle, Washington 98101-1271 (206) 553-7970
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 7 of 14 1 prejudice the civil forfeiture action in the matter of United States of America v. First Regional. 2 Bank Account # XXXJ859 Funds Held in the Name of RK Company Inc, et al. in the United. 3 States District Court for the Western District of Washington, case number C08 314MJP and 4 return seized funds in the amount of $50,000.14 to NWS. Both parties agree not to seek any 5 attorney's fees or costs associated with the civil forfeiture action (C08 314MJP). ) 6 12. Suspension of Tobacco Importer's License. As a part of this plea agreement, 7 Native Wholesale Supply agrees not to contest a 30 day suspension of its importer's permit by 8 the Alcohol and Tobacco Tax and Trade Bureau (TIB). NWS agrees to execute any 9 documentation required to effectuate the 30 day suspension, but will not admit to any 1 o wrongdoing. The suspension will become effective 60 days after the date of NWS' s sentencing 11 and will be served on consecutive days. In return, TTB, as outlined in the letter that is 12 Attachment A to this plea agreement, agrees that the 30-day suspension is the only action it will 13 take under 26 U.S.C. 5713(b)(l )(E) based on 1) this plea of guilty by NWS, and 2) and the.r.- 14 entire underlying legal proceeding caused by the indictments returned in this case, No. CR 09-15 0214 MJP. TTB makes no promises about any other possible administrative actions based on 16 factors other than the legal proceedings underlying this case. Moreover, nothing in this 17 agreement prevents TTB from using the fact that a 30-day suspension was taken against the 18 permit in the event any subsequent administrative proceeding is necessary in any matter 19 unrelated to the facts that form the basis of the plea agreement. 20 13. Non-Prosecution of Additional Offenses. As part of this Plea Agreement, the 21 United States Attorney's Office for the Western District of Washington agrees to move to 22 dismiss the remaining counts in the Third Superseding Indictment at the time of sentencing and 23 not to prosecute Defendant for any additional offenses known to it as of the time of this 24 Agreement that are based upon evidence in its possession at this time, and that arise out of the 25 conduct giving rise to this investigation. In this regard, Defendant recognizes the United States 26 has agreed not to prosecute all of the criminal charges the evidence establishes were committed 27 by Defendant solely because of the promises made by Defendant in this Agreement. Defendan. 28 agrees, however, that for purposes of preparing the Presentence Report, the United States.; PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP - 7 UNJTED STATES AITORNEY Seattle, Washingtoo 9810 1 1271 (206) 553-7970
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 8 of 14 Attorney's Office will provide the United States Probation Office with evidence of all conduct 2 committed by Defendant. 3 Defendant agrees not to assert any claims under the ''Hyde Amendment," Pub.L. No. 105-4 119 (1997). 5 As part of this Plea Agreement, the United States Attorney's Office for the Western 6 District of Washington agrees to move to dismiss with prejudice the counts in the Third 7 Superseding Indictment charging Arthur Montour and Peter Montour immediately after the 8 Court imposes sentence on NWS, and NWS satisfies any financial penalty imposed or set forth.. 9 in this Agreement, if Arthur Montour and Peter Montour have executed "Hyde Amendment" 10 waivers and have withdrawn all pending motions. 11 As part of this Plea Agreement, the United States Attorney's Office for the Western 12 District of Washington agrees not to prosecute NWS's legal counsel involved in preparing or 13 drafting the First and Second Declarations discussed in paragraph 7, for offenses related to their 14 involvement in preparing or drafting those declarations. 15 14. Acceptance of Responsibility. The United States acknowledges that if Defendant 16 qualifies for an acceptance of responsibility adjustment pursuant to USSG 3El.l(a), 17 its total offense level should be decreased by two (2) levels because Defendant has clearly 18 demonstrated acceptance of responsibility for its offense. 19 15. Corporate Authorization. Defendant represents that it is authorized to enter into.... ' ' 20 this Agreement and to bind itself to the terms of this Agreement. On or before the date of entry 21 and filing of the Plea Agreement, Defendant shall provide to the United States Attorney's Office 22 and the Court proper documentation certifying that Defendant corporation is authorized to enter 23 into and comply with all the provisions of this Plea Agreement; that a representative of Native 24 Wholesale Supply has been authorized by Defendant to enter a guilty plea and attend the -,, 25 sentencing hearing on behalf of Defendant; and that Defendant and its a thorized representative 26 have observed all required corporate formalities for such authorizations. 27 16. Breach. Waiver. and Post-Plea Conduct. Defendant agrees that if Defendant 28 breaches this Plea Agreement, the United States may withdraw from this Plea Agreement and '- PLEA AGREEMENT INA TIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 8 UNITED STATES ATTORNEY Seattle, Washingtoo 98101-1271 (206) 553-7970 ::....,_
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 9 of 14 Defendant may be prosecuted for all offenses for which the United States has evidence. 2 Defendant agrees not to oppose any steps taken by the United States to nullity this Plea.r 3 Agreement, including the filing of a motion to withdraw from the Plea.Agreement. Defendant 4 also agrees that if Defendant is in breach of this Plea Agreement, Defendant has waived any 5 objection to the re-institution of any charges in the Indictment that were previously dismissed or 6 any additional charges that had not been prosecuted. 7 Defendant further understands that if, after the date of this Agreement, Defendant should. : i: l' s engage in illegal conduct, or conduct that is in violation of its conditions of release (examples of 9 which include, but are not limited to: obstruction of justice, failure to appear for a court to proceeding, criminal conduct while pending sentencing, and false statements to law enforcement 11 agents, the Pretrial Services Officer, Probation Officer, or Court), the United States is free under 12 this Agreement to file additional charges against Defendant or to seek a sentence that takes su h 13 conduct into consideration by requesting the Court to apply additional adjustments or..... 14 enhancements in its Sentencing Guidelines calculations in order to increase the applicable 15 advisory Guidelines range, and/or by seeking an upward departure or variance from the 16 calculated advisory Guidelines range. Under these circumstances, the United States is free to 17 seek such adjustments, enhancements, departures, and/or variances even if otherwise precluded 18 by the terms of the plea agreement. 19 17. Waiver of Appeal. As part of this Plea Agreement, Defendant waives to the full 20 extent of the law:,![ 21 22 23 24 a. any right conferred by Title 18, United States Code, Section 3742 to appeal the sentence, including any restitution order imposed; and b. any right to bring a collateral attack against the conviction and sentence, includi g any restitution order imposed, except as it may relate to the effectiveness of legal.-,.,.:...:..... '.. :.n 25 representation.... 26 If Defendant breaches this Plea Agreement at any time by appealing or collaterally 27 attacking (except as to effectiveness of legal representation) the conviction or sentence in any 28 way, the United States may prosecute Defendant for any counts, including those with mandatory PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 9 UNITED STATES ATTORNEY Seattle. Washington 981 0 1-1271 (206) 553.7970..
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 10 of 14 minimum sentences, that were dismissed or not charged pursuant to this Plea Agreement. 2 18. Voluntariness ofplea. Defendant agrees that Defendant has entered into this Plea 3 Agreement freely and voluntarily and that no threats or promises, other than the promises. '.1111. 4 contained in this Plea Agreement, were made to induce Defendant to enter this plea of guilty.,.!/ 5 19. Statute of Limitations. In the event this Agreement is not accepted by the Court' ' 6 for any reason, or Defendant has breached any of the terms of this Plea Agreement, the statute of 7 limitations shall be deemed to have been tolled from the date of the Plea Agreement to: 8 (1) thirty (30) days following the date of non-acceptance of the Plea Agreement by the Court; or 9 (2) thirty (30) days following the date on which a breach of the Plea Agreement by Defendant is 10 discovered by the United States Attorney's Office. 11 20. Completeness of Agreement. The United States and Defendant acknowledge that 12 these terms constitute the entire Plea Agreement between the parties. This Agreement binds 13 only the United States Attomey, s Office for the Western District of Washington. It does not 14 //. ; 15 // 0 16 A i :.' ;.. -:!..... 17 18 19 20 21 22 23 24 25 26 27.... 28 PLEA AGREEMENT/NATIVE WHOLESALE SUPPLY Case No. CR09-214MJP- 10 U}flTEDSTATESATTORNEY Seattle, Was.hingtoo 98101-1271 (206) 553-7970
.. Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 11 of 14 bind any other United States Attorney's Office or any other office or agency of the 2 3 United States, or any state or local prosecutor. Dated this \0+ \ day of September, 2010. 4 5 6 7 8 9 JO II 12 - ttorney for Defendant te//jc R6flli RTtiiDW. Attorney for Defendant..._ 13 14 15 16 17 18 MARY K. DIMKE ey Assistant United States Attorney 19 - :.- 20 21 22 23 24 25 26 27 28 PLEA AGREEMENT INA TIVE WHOLESALE SUPPLY.Case No. CR09-2 14MJP- II UNITED STATES A DORNEY 700 Stewan Street. Suite 5220,,. Sllattle, Washington 98101-1271. ': (206)553 7970...
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 12 of 14 ATTACHMENT A
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 13 of 14 DEPARTMENT OF THE TREASURY ALCOHOL 1\ 0 ToeACCOTAX AND TRAOE BUREAU WA8HING'rol'f, D.C. 20220 CC-92,953 AF:JHR Honorable Jenny A. Durkan United States Attorney Western District of Washington Seattle, WA 98101-1271 Attention: Mary K. Oimke, Assistant United States Attorney Mark Parrent. Assistant United States Attorney In Re: Plea Agreement in United States v. Native Wholesale SUpply, CR-09-0214 MJP Dear Ms. Ourkan: On behalf of the Alcohol and Tobacco Tax and Trade Bureau (TIS) of the United States Department of the Treasury, please be advised that TrB agrees to the terms of the plea agreement as negotiated by your office In the above captioned case. In particular, TTB agrees to the following language in the plea agreement: As a part of this plea agreement, Native Wholesale Supply agrees not to contest a 3o-day suspension of its importer's permit by the Alcohol and Tobacco Tax and Trade Bureau (TIB). NWS agrees to execute any documentation required to effectuate the 30-day suspension but will not admit to any wrongdoing. The suspension will become effective 60 days after the date of NWS's.sentencing and will be served on consecutive days. In return, TTB, as outtined in the letter that is Attachment A to this plea agreement, agrees that the 3<Hiay suspension is the only action it will take under 26 U.S.C. 5713(b)(l}(E) based on 1) this plea of guilty by NWS, and 2) and the entire underlying legal proceeding caused by the indictments returned in this case, No. CR og..0214 MJP. TTB makes n jwjmises about any other Tl"8 A proud pnt.. A focustldfuture www. ITB.gov
Case 2:09-cr-00214-MJP Document 456 Filed 09/10/10 Page 14 of 14 Honorable Jenny A. Durkan United States Attorney 2 possible administrative actions based on factors othlr than the legal proceedings underlying this case. Moreover, n'thlng in this agreement prevents TTB from using the fact that a 30-day suspension was taken against the permit in the even any subsequent administrative proceeding is necessary hll any matter unrelated to the facts that form the basis of the plea agreement. Please do not hesitate to let me know if we may be of further assistance. Respectfully, R. Thomas R. Crone Deputy Assistant Administrator Field Operations