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EXHIBIT B

QUO WARRANTO

COMPLAINT

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Case 2:17-cr-20568-Rl'-IC(}w

ECF No. 12

filed 10/03/17

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Page 1 of 24

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES OF AMERICA,

CRIMINAL NO. 17-20568

vs.

HON. ROBERT H. CLELAND

OFFENSE: 31 U.S.C. § 5324

D-1

CHRISTOPHER SORRENTINO,

Defendant.

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MAXIMUM PENALTIES:

Up to 5 Years Imprisonment Up to $250,000 fine Supervised Release: 3 years

RULEllPLEAAGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant

CHRISTOPHER SORRENTINO and the government agree as follows:

1. Guilty Plea

A. Count of Conviction

The defendant witl enter a plea of guilty to Count One of the Information,

which charges him with structuring financial transactions to evade a reporting

requirement, in violation of 31 U.S.C. § 3524.

B.

Elements of Offense

 

The

following

are

the

elements

of the

crime

of structuring

financial

transactions to evade a reporting requirement:

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(1) The defendant conducted or attempted to conduct a financial transaction

that involved a domestic financial institution.

(2) At the time the defendant conducted or attempted to conduct a financial

transaction, the defendant knew of the domestic financial institution's obligation to

report currency transactions in excess of $10,000.

(3) The defendant purposefully structured the transaction with the intent to

evade that reporting requirement.

C. Factual Basis for Guilty Plea

The following facts are a sufficient and accurate basis for defendant's guilty

plea:

In 2014, the defendant owned a company that could perform work for

municipalities in southeast Michigan.

In approximately August 2014, an elected

public official in Macomb Township, Michigan asked the defendant to prepare a

proposal for a job re-paving the parking lot of the Macomb Township Hall.

The

defendant prepared a proposal that quoted a price of $254,500 for the job to be

conducted by his company, and he gave it to the elected official. About two weeks

later, the elected official called the defendant and told him to immediately appear at

the parking lot of the town hall to start work on the job. After the defendant appeared

at the township hall parking lot that evening, he found that another company, which

was unknown to the defendant, was already tearing up the old parking lot for purposes

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of re-paving it. Other than taking some photographs of the work, the defendant and

his company subsequently did none of the work removing the old asphalt parking lot

and replacing it with it a new concrete parking lot.

completed all of the work on the parking lot.

Instead, the other company

After the parking lot job was completed by the other company, the defendant

received a check from Macomb Township for $254,500.

The elected official

instructed the defendant to send a check for $181,055 to the other company which

had actually performed the work.

In addition, the elected official instructed the

defendant to give the elected official the remaining money, at least $73,000, to the

official in cash.

When the defendant objected to not receiving any portion .of the

$254,500 because the defendant would be responsible for paying taxes on the money

he was paid by Macomb Township, the elected official told the defendant that he

could keep approximately $7,000 in order to pay a portion of the taxes.

Finally, the

elected official informed the defendant that the elected official would direct some

future work for the township to the defendant and his company in compensation.

As instructed, the defendant sent a check for $181,055 to the other company.

On November 5, 2014, the defendant then wrote the following series of seven checks

each made out to "cash": (1) $9,429, (2) $9,429, (3) $9,429, (4) $9,429, (5) $9,429,

(6) $9,429, and (7) $9,450.

The total amount of the checks was for $66,024.

On

November 5, 2014, the defendant caused all seven checks to be cashed at his bank in

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the Eastern District of Michigan. The defendant wrote the checks for amounts under

$10,000 in order to evade the currency transaction reporting requirement at his bank.

The defendant also was seeking to conceal the fact that he was gathering a large

amount of cash to give to the elected official. After the checks were cashed and the

defendant had collected $66,024 in cash, the defendant delivered all of the cash to the

elected official in the building housing the Macomb County Department of Public

Works in Clinton Township, Michigan.

In 2015, the defendant was "awarded" another job by the elected official to re-

pave a parking lot at the Macomb Township fire station. Again, the other company

performed all of the work on the job. In November 2015, the defendant's company

was paid $264,703 for this second job by Macomb Township.

Again, as instructed

by the elected official, the defendant paid the second company for performing all of

the work.

In addition, the defendant gave at least $30,000 in cash to the elected

official.

Again, the defendant was allowed to keep a portion of the money paid by

Macomb Township in order to pay taxes. In the end, the defendant made no money

on the two jobs for Macomb Township, but he instead lost money because of the

taxes that he had to pay on the two jobs "awarded" by the elected official of Macomb

Township.

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2. Sentencing Guidelines

A. Standard of Proof

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The Court will find sentencing factors by a preponderance of the evidence.

B. Agreed Guideline Range

There are no sentencing guideline disputes. Except as provided below, the

parties recommend that the defendant's guideline range is 10-16 months, as set forth

on the attached worksheets. If the Court finds:

1.

That defendant's criminal history category is higher than reflected on

the attached worksheets, or

2.

that the offense level should be higher because, after pleading guilty,

defendant made any false statement to or withheld information from

his probation officer; otherwise demonstrated. a lack of acceptance of

responsibility for his offense; or obstructed justice or committed any

cnme,

and if any such finding results in a guideline range higher than 10-16 months, the

higher guideline range becomes the agreed range.

The Court is not bound by this

recommendation concerning the guideline range, and the defendant understands that

he will have no right to withdraw his guilty plea if the Court does not follow this

recommendation. However, if the Court finds that defendant is a career offender, an

armed career criminal, or a repeat and dangerous sex offender as defined under the

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sentencing guidelines or other federal law, and that finding is not already reflected in

the attached worksheets, this paragraph does not authorize a corresponding increase

in the agreed range.

Neither party may take a position concerning the applicable guidelines that is

different than any position ofthat party as reflected in the attached worksheets, except

as necessary to the Court's determination regarding subsections 1) and 2), above.

3.

Sentence

The Court will impose a sentence pursuant to 18 U.S.C. § 3553, and in doing

so must consider the sentencing guideline range.

A. Imprisonment

Pursuant

to

Rule

ll(c)(l)(B),

the

government

makes

a

non-binding

recommendation that the sentence of imprisonment be at the low end of the

sentencing guideline range as determined by Paragraph 2B.

B. Supervised Release

A term ofsupervised release follows the term ofimprisonment. The Court must

impose a term of supervised release, which in this case is up to three years. The

agreement concerning imprisonment described above in Paragraph 3A does not apply

to any term of imprisonment that results from any later revocation of supervised

release.

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C. Special Assessment

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The defendant will pay a special assessment of $100 at the time of sentencing.

D.

Fine

The parties agree that the fine will be no more than the maximum amount of

$250,000.

E.

Restitution

The Court shall order restitution to every identifiable victim of the defendant's

offense.

4. Use of Withdrawn Guilty Plea

If the Court allows the defendant to withdraw his guilty plea for a "fair and just

reason" pursuant to Fed. R. Crim. P. I l(d)(2)(B), the defendant waives his rights

under Fed. R. Evid. 410, and the government may use his guilty plea, any statement

made under oath at the change-of-plea hearing, and the factual basis statement in this

plea agreement, against him in any proceeding.

5. Other Charges

If the Court accepts this agreement, the government will not bring any

additional charges based on defendant's conduct described in this agreement.

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6. Each Party's Right to Withdraw from This Agreement

The recommendations in Paragraph 3 are not binding on the Court. Defendant

has no right to withdraw his guilty plea and the parties have no right to withdraw

from this agreement if the Court decides not to follow them.

7. Appeal Waiver

The defendant waives any right he may have to appeal his conviction on any

grounds. If the defendant's sentence of imprisonment does not exceed 16 months, the

defendant also waives any right he may have to appeal his sentence on any grounds.

If the defendant's sentence of imprisonment is at least IO months, the government

waives any right it may have to appeal the defendant's sentence.

This waiver does not bar filing a claim of ineffective assistance of counsel in

court.

8. Consequences of Withdrawal of Guilty Plea or Vacation of Conviction

If defendant is allowed to withdraw his guilty plea or if any conviction entered

pursuant to this agreement is vacated, the Court shall, on the government's request,

reinstate any charges that were dismissed as part of this agreement. If additional

charges are filed against defendant within six months after the date the order vacating

defendant's conviction or allowing him to withdraw his guilty plea becomes final,

which charges relate directly or indirectly to the conduct underlying the guilty plea

or to any conduct reflected in the attached worksheets, defendant waives his right to

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challenge the additional charges on the ground that they were not filed in a timely

manner, including any claim that they were filed after the limitations period expired.

9. Parties to Plea Agreement

Unless otherwise indicated, this agreement does not bind any government

agency except the United States Attorney's Office for the Eastern District of

Michigan.

10. Scope of Plea Agreement

This agreement, which includes all documents that it explicitly incorporates, is

the complete agreement between the parties. This agreement supersedes all other

promises,

representations,

understandings

and

agreements between the

parties

concerning the subject matter of this plea agreement that were made at any time

before the guilty plea is entered in court. Thus, no oral or written promises made by

the government to defendant or to the attorney for the defendant at any time before

defendant pleads guilty are binding except to the extent they have been explicitly

incorporated into this agreement.

Notwithstanding the previous paragraph, ifdefendant has entered into a proffer

agreement in writing or a cooperation agreement in writing with the government, this

plea agreement does not supersede or abrogate the terms of any such prior written

agreement.

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This agreement also does not prevent any civil or administrative actions against

defendant, or any forfeiture claim against any property, by the United States or any

other party.

11. Acceptance of Agreement by Defendant

This plea offer expires unless it has been received, fully signed, in the Office

of the United States Attorney by 5:00 P.M. on June 30, 2017. The government

reserves the right to modify or revoke this offer at any time before defendant pleads

guilty.

DANIELL. LEMISCH

Assistant United States Attorney

Chief, Public Corruption Unit

Dated: June 6, 2017

-

Assistant United States Attorney

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By signing below, defendant acknowledges that he has read (or been read) this entire dacmnent, understands it, and agrees to its terms. He also acknowledges that he is

satisfied with his attorney's advice and representation. Defendant agrees that he has

had a full and complete opportunity to confer with his lawyer, and has had all of his

questions answered by hi

lawyer.

ARTHUR WEISS

Attorney for Defendant

Dated

Defendant

/0--3-/7

Dated

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EXHIBIT C

Case 2:16-cr-20732-RHC-RSW

ECF No. 52

filed 06/01/17

PagelD.288

Page 1 of 23

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICIDGAN

SOUTHERN DIVISION

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JUN 1- 2017

CLERK'S OFFICE

DETROIT

UNITED STATES OF AMERICA,

CRIMINAL NO. 16-20732

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vs.

HON. ROBERT H. CLELAND

OFFENSE: 18 U.S.C. § 371

D-4

CLIFFORD FREITAS,

Defendant.

I

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MAXIMUM PENALTIES:

Up to 5 Years Imprisonment Up to $250,000 fine Supervised Release: 3 years

RULE 11 PLEA AGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant

CLIFFORD FREITAS and the government agree as follows:

1. Guilty Plea

A. Count of Conviction

The defendant will enter a plea ofguilty to Count One ofthe Third Superseding

Information, which charges him with Conspiracy to Commit Federal

Program

Bribery, in violation of 18 U.S.C. §§ 371 and 666(a).

B. Elements of Offense

The following are the elements of the crime of Conspiracy to Commit Federal

Program Bribery:

0.

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1. Defendant agreed with at least one other person to commit the crime of federal program bribery;

2. Defendant joined the conspiracy knowing of its object and intending to help accomplish the object; and

3. A member of the conspiracy committed at least one overt act in furtherance of the conspiracy.

4. The following are the elements of the crime of federal program bribery:

a) Defendant, an agent of a local government, corruptly

accepted or agreed to accept something of value;

b) Defendant did so with the intent to be influenced or

rewarded in connection with a business, transaction or series of transactions with that local government;

c) The business, transaction or series of transactions

involved something of value of $5,000 or more; and

d) The local government received $10,000 or more in federal

assistance in a one-year period before or after the time of the

offense.

C. Factual Basis for Guilty Plea

The following facts are a sufficient and accurate basis for defendant's guilty

plea:

In 2015,

the

defendant was serving as

an

elected Trustee of Macomb

Township, Michigan, located in Macomb County, Michigan, in the Eastern District

of Michigan.

In 2015, the defendant agreed to accept and did corruptly accept

payments of money, as described below, from an executive at a company ("Company

A") which was seeking, and then secured, a contract with Macomb Township. The

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contract was worth approximately $17 million dollars.

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The defendant accepted the

money in exchange for his assistance as a public official to Company A.

In 2015, besides being a Macomb Township Trustee, the defendant also had a

job with Company A. The defendant had been employed with Company A since

accepting a position in June 2014. In July 2015, Macomb Township put out a request

for proposal (''RFP") for a contract.

Soon after the RFP was put out, the defendant

approached the executive at Company A.

The defendant told the executive that he

would use his official position with the township in order to help Company A obtain

the contract with Company A, but that he (the defendant) wanted to be paid for his

assistance. The executive offered, and the defendant accepted, a promise to pay the

defendant $7,500 for his assistance in getting the contract.

During the process leading up to the award of the contract, the defendant

supplied inside information concerning the bid process to the executive in order to

assist Company A in winning the contract. Ultimately, the defendant recused himself

from actually voting as a trustee on the award of the contract because of his

employment with Company A. Macomb Township awarded the contract to Company

A. The executive then paid the defendant the promised $7,500 by adding $7,500 to

the defendant's pay as an employee of Company A.

In the calendar year 2015, Macomb Township received in excess of $10,000

in federal assistance.

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2. Sentencing Guidelines

A. Standard of Proof

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The Court will find sentencing factors by a preponderance of the evidence.

B. Agreed Guideline Range

There are no sentencing guideline disputes. Except as provided below, the

parties recommend that the defendant's guideline range is 30 months, as set forth on

the attached worksheets. If the Court finds:

I.

That defendant's criminal history category is higher than reflected on

the attached worksheets, or

2.

that the offense level should be higher because, after pleading guilty,

defendant made any false statement to or withheld information from

his probation officer; otherwise demonstrated a lack of acceptance of

responsibility for his offense; or obstructed justice or committed any

crime,

and if any such finding results in a guideline range higher than 30 months, the higher

guideline range becomes the agreed range.

The Court is not bound by this

recommendation concerning the guideline range, and the defendant understands that

he will have no right to withdraw his guilty plea if the Court does not follow this

recommendation. However, if the Court finds that defendant is a career offender, an

armed career criminal, or a repeat and dangerous sex offender as defined under the

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sentencing guidelines or other federal law, and that finding is not already reflected in

the attached worksheets, this paragraph does not authorize a corresponding increase

in the agreed range.

Neither party may take a position concerning the applicable guidelines that is

different than any position ofthat party as reflected in the attached worksheets, except

as necessary to the Court's determination regarding subsections 1) and 2), above.

3.

Sentence

The Court will impose a sentence pursuant to 18 U.S.C. § 3553, and in doing

so must consider the sentencing guideline range.

A.

Imprisonment

Pursuant

to

Rule

ll(c)(l)(B),

the

government

makes

a

non-binding

recommendation that the sentence of imprisonment be no higher than 30 months.

B. Supervised Release

A term of supervised release follows the term ofimprisonment. The Court must

impose a term of supervised release, which in this case is up to three years. The

agreement concerning imprisonment described above in Paragraph 3A does not apply

to any term of imprisonment that results from any later revocation of supervised

release.

C. Special Assessment

The defendant will pay a special assessment of $100 at the time of sentencing.

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D.

Fine

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The parties agree that the fine will be no more than the maximum amount of

$250,000.

E.

Restitution

The Court shall order restitution to every identifiable victim of the defendant's

offense.

4. Use of Withdrawn Guilty Plea

If the Court allows the defendant to withdraw his guilty plea for a "fair and just

reason" pursuant to Fed. R. Crim. P. ll(d)(2)(B), the defendant waives his rights

under Fed. R Evid. 410, and the government may use his guilty plea, any statement

made under oath at the change-of-plea hearing, and the factual basis statement in this

plea agreement, against him in any proceeding.

5. Other Charges

If the .Court accepts this agreement, the government will not bring any

additional charges based on defendant's conduct described in this agreement.

6. Each Party's Right to Withdraw from This Agreement

The recommendations in Paragraph 3 are not binding on the Court. Defendant

has no right to withdraw his guilty plea and the parties have no right to withdraw

from this agreement if the Court decides not to follow them.

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7. Appeal Waiver

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The defendant waives any right he may have to appeal his conviction on any

grounds. If the defendant's sentence of imprisonment does not exceed 30 months, the

defendant also waives any right he may have to appeal his sentence on any grounds.

If the defendant's sentence of imprisonment is at least 30 months, the government

waives any right it may have to appeal the defendant's sentence.

This waiver does not bar filing a claim of ineffective assistance of counsel in

court.

8. C~nsequences of Withdrawal of Guilty Plea or Vacation of Conviction

If defendant is allowed to withdraw his guilty plea or if any conviction entered

pursuant to this agreement is vacated, the Court shall, on the government's request,

reinstate any charges that were dismissed as part of this agreement. If additional

charges are filed against defendant within six months after the date the order vacating

defendant's conviction or allowing him to withdraw his guilty plea becomes final,

which charges relate directly or indirectly to the conduct underlying the guilty plea

or to any conduct reflected in the attached worksheets, defendant waives his right to

challenge the additional charges on the ground that they were not filed in a timely

manner, including any claim that they were filed after the limitations period expired.

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9. Parties to Plea Agreement

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Unless otherwise indicated, this agreement does not bind any government

I

agency except the United States Attorney's Office for the Eastern District of

Michigan.

10. Scope of Plea Agreement

This agreement, which includes all documents that it explicitly incorporates, is

the complete agreement between the parties. This agreement supersedes all other

promises,

representations,

understandings

and

agreements

between

the parties

concerning the subject matter of this plea agreement that were made at any time

before the guilty plea is entered in court. Thus, no oral or written promises made by

the government to defendant or to the attorney for the defendant at any time before

defendant pleads guilty are binding except to the extent they have l;,een explicitly

incorporated into this agreement.

Notwithstanding the previous paragraph, if defendant has entered into a proffer

agreement in writing or a cooperation agreement in writing with the government, this

plea agreement does not supersede or abrogate the terms of any such prior written

agreement.

This agreement also does not prevent any civil or administrative actions against

defendant, or any forfeiture claim against any property, by the United States or any

other party.

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11. Acceptance of Agreement by Defendant

This plea offer expires unless it has been received, fully signed, in the Office

of the United States Attorney by 5:00 P.M. on June 1, 2017. The government reserves

the right to modify or revoke this offer at any time before defendant pleads guilty.

DANIEL L. LEMISCH

Assistant United States Attorney Chief, Public Corruption Unit

Dated: June 1, 2017

~H(lfid:(/lgf

Assistant United States Attorney

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By signing below, defendant acknowledges that he has read (or been read) this entire document, understands it, and agrees to its terms. He also acknowledges that he is satisfied with his attorney's advice and representation. Defendant agrees that he has had a full and complete opportunity to confer with his lawyer, and has had all of his questions answered by his lawyer.

DANIE

Attorne

Dated

C~RE~

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Defendant

{{-/- /7

Dated

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EXHIBIT D QUO WARRANTO COMPLAINT

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Case 2:16-cr-20732-RHC-F<SW

ECF No. 119

filed 10/11/17

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1

1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

 

2

SOUTHERN

DIVISION

 

3

UNITED

STATES

OF AMERICA,

 

4

Plaintiff,

 

Case

No.

16-20732

 

-v-

5

 

D-4,

CLIFFORD

FREITAS,

 

6

 

Defendant.

 

7

I

 

-----------------·----

 

8

PLEA HEARING

9

BEFORE

THE

HONORABLE

ROBERT

H.

CLELAND

 

United

States

District

Judge

10

Federal

Building

 

526

Water

Street

11

Port

Huron,

Michigan

June

1,

2017

12

 

APPEARANCES:

 

13

 

FOR

THE

PLAINTIFF:

DAVID

GARDEY

 

14

MICHAEL

BULLOTTA

 

U.S.

Attorney's

Office

 

15

211

W.

Fort

Street

 

Suite

2001

 

16

Detroit,

MI

48226

 

17

FOR

THE

DEFENDANT:

DANIEL

GARON

 
 

Fischer,

Garon,

Hoyumpa

& Ranciolio

18

48

Market

Street

 

Suite

2B

19

Mt. Clemens

,

MI

48043

 

20

21

To

Obtain

a

Certified

Transcript

Contact:

 
 

Christin

E.

Russell,

RMR,

CRR,

FCRR,

CSR

-

(248)

420-2720

22

Proceedings

produced

by

mechanical

stenography.

 

Transcript

produced

by

computer-aided

Transcription.

23

24

01

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2

1

 

TABLE

OF

CONTENTS

2

 

Hearing

3

4

Defendant

Sworn

3

5

6

7

8

9

Exhibits:

 

(None

Offered.)

10

11

12

CERTIFICATE

OF

REPORTER

30

13

14

15

16

17

18

19

20

21

22

23

24

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PLEA

HEARING

-

6/1/2017

3

1

Port

Huron,

Michigan

 

2

June

1,

2017

3

1:41

p.m.

 

4

*

*

*

5

(Call

to

Order

of

the

Court;

all

parties

present.)

 

6

THE

CLERK:

The

Court

calls

case

16-20732,

Defendant

7

4.

United

States

of America

vs.

Clifford

Freitas.

 

8

Counsel,

please

state

your

appearances

for

the

record.

9

MR.

GARDEY:

Good

afternoon,

your

Honor.

David

Gardey

10

on

behalf

of

the

United

States.

11

MR.

BULLOTTA:

Good

afternoon,

your

Honor.

Michael

 

12

Bullotta

for

the

United

States.

13

MR.

GARON:

Daniel

Garon

for

Defendant.

 

14

THE

COURT:

And

the

defendant

is

personally

present,

15

Mr.

Freitas,

Mr.

Garon?

 

16

MR.

GARON:

Yes,

sir.

17

THE

COURT:

And

I

have

a,

what

appears

to

be

a

signed

18

Rule

11

plea

agreement.

The

defendant

intends

to

proffer

a

19

plea

of

guilty

this

afternoon?

 

20

MR.

GARON:

That's

correct,

your

Honor.

 

21

THE

COURT:

Would

you

come

to

the

lectern,

please,

and

22

I'll ask the defendant to be sworn.

 

23

THE

CLERK:

Would

you

please

raise

your

right

hand.

 

24

(Defendant

sworn,

1:43

p.m.)

 

25

THE

COURT:

Your

full

name

is

what?

 

UNITED

STATES

vs.

FREITAS,

D-4

-

16-20732

Case 2:16-cr-20732-RHC-R:::iW

ECF No. 119

PLEA

filed 10/11/17

Paye!D.636

HEARING

-

6/1/2017

Page 4 of 30

4

1

THE

DEFENDANT:

Clifford

Wilhelm

Freitas.

 

2

THE

COURT:

And

Mr.

Freitas,

you

are

under

oath

and

3

it's

important

for

you

to

speak

truthfully

in

answering

 

4

questions

that

I

have

for

you

under

oath.

You

understand

5

that

--

6

THE

DEFENDANT:

Yes.

 

7

THE

COURT:

 

fundamentally,

do

you

not?

 

8

THE

DEFENDANT:

Yes.

 

9

THE

COURT:

It

is

accordingly

important

that

you

 

10

understand

the

questions

that

I'm

asking

you,

so

you

need

to

11

listen

carefully

of

course.

If

you

say

something

under

oath

12

that

you

know

is

not

true,

that

would

be

perjury,

if

it's

a

13

thing

of

some

importance,

any

importance.

And

if

you

were

to

14

be

found

to

have

spoken

falsely

intentionally

and

in

some

15

material

way

while

under

oath,

you

could

be

charged

with

16

committing

perjury,

in

which

case

things

that

you

say

could

be

17

used

against

you.

And

even

if

I

were

to

find

that

you

had

 

18

spoken

falsely

but

not

been

criminally

prosecuted,

I

would

19

certainly

take

those

facts

into

account

in

imposing

a

sentence

20 upon

you.

21

22

23

24

25

You

understand

all

of

those

explanations?

 

THE

DEFENDANT:

Yes.

THE

COURT:

How

old

are

you,

Mr.

Freitas?

 

THE

DEFENDANT:

Forty-three.

 

THE

COURT:

And

what

level

of

education

do

you

have?

UNITED

STATES

vs.

FREITAS,

D-4

-

16-20732

(~),

Case 2:16-cr-20732-RHC-RSW

ECF No. 119

PLEA

r"',.

filed 10/11/17

PagelD.637

HEARING

-

6/1/2017

Page 5 of 30

5

1

THE

DEFENDANT:

A bachelor's

plus.

 

2

THE

COURT:

So

you

understand

me

clearly

today

and

3

understand

the

kind

of

language

that

I'm

using,

true?

 

4

THE

DEFENDANT:

Yes.

 

5

THE

COURT:

If

there's

anything

that

I

say

from

this

6

point

forward

that

you

think

you

don't

understand

or

you

need

7

additional

explanation,

or

you

just need

it

repeated,

feel

 

8

free,

raise

your

hand,

tell me you need some assistance

in

that

9 regard.

I'll be happy to provide it.

Clear?

 

10

THE

DEFENDANT:

Yes.

11

THE

COURT:

Are

you

feeling

the

intoxicating

effects

12

of

any

drugs

or

alcohol

that

you

have

recently

consumed?

13

THE

DEFENDANT:

No.

14

THE

COURT:

Are

you

under

a

doctor's

care

that

15

requires

any

sort

of

significant

medication?

 

16

THE

DEFENDANT:

No.

17

THE

COURT:

Is

there

anything,

as

far

as

you

are

18 concerned,

wrong

with

your

mental

or

physical

state

today?

19

20

21

22

23

 

THE

DEFENDANT:

No.

THE

COURT:

You

feel

alert,

awake

and

prepared

to

proceed,

I

take

it?

THE

DEFENDANT:

Yes.

THE

COURT:

Mr.

Garon,

are

you

in

agreement

on

the

24 defendant's

25

MR.

competence?

GARON:

I

am,

sir.

UNITED

STATES

vs.

FREITAS,

D-4

-

16-20732

('\

Case 2:16-cr-20732-RHC-r<SW

ECF No. 119

PLEA

~

PayelD.638

filed 10/11/17

HEARING

-

6/1/2017

Page 6 of 30

6

1

THE

COURT:

And

I

find

he

is

competent

to

proceed.

2

Mr.

Freitas,

you

have

the

right

to

have

an

attorney

3

represent

you

at

every

stage

of

the

proceeding.

If

you

are

4

financially

able

to

afford

to

hire

an

attorney

of

your

own

5

choosing,

that's

fine.

But

if

you

are

not

able

to

do

so

6

financially,

you,

upon

request,

may

be

afforded

an

attorney

to

7

serve

at

public

expense

throughout

every

stage

of

the

 

8

proceeding,

which

would

include

a

trial

in

the

event

that

you

9

wanted

to

demand

a

trial.

10

Do

you

understand

the

importance

of,

and

the

11

availability

of

an

attorney

to

represent

you

at

every

stage

of

12

the

proceeding?

 

13

THE

DEFENDANT:

Yes.

 

14

THE

COURT:

You've

talked

about

this

case

with

your

15

attorney,

Mr.

Garon

at

some

length,

I

take

it;

is

that

true?

16

THE

DEFENDANT:

Yes.

 

17

THE

COURT:

And

is

it the

case

that

you

hired

him

to

18

represent

you

or

was

he

appointed?

 

19

THE

DEFENDANT:

He

was

hired.

20

THE

COURT:

You've

had

ample

time

to

discuss

this

case

21

with

him?

22

THE

DEFENDANT:

Yes.

 

23

THE

COURT:

Are

you

confident

that

he

understands

the

24

case

against

you

and

the

evidence

and

the

significance

of

it?

25

THE

DEFENDANT:

Yes.

 

UNITED

STATES

vs.

FREITAS,

D-4

-

16-20732

Case 2:16-cr-20732-RHC-k6W

('-

ECF No. 119

filed 10/11/17

Pa.yt!ID.639

PLEA HEARING

-

6/1/2017

Page 7 of 30

7

1

THE

COURT:

 

Are

you

also

confident

that

you

understand

2

his

advice

and

that

you've

been

well

informed

and

well

 

3

prepared?

 

4

THE

DEFENDANT:

Yes.

 

5

THE

COURT:

 

That

won't

be

the

last

time

that

I

ask

you

6

a

question

of

that

sort.

 

7

The

decision

to

plead

guilty

has

 

to

be

on

your

 

8

shoulders.

This

is

a

decision

that

only

a

defendant

can

make.

9

Your

attorney

is

not

permitted

to

make

this

decision

for

you,

10

to

make

the

call

for

you,

so

to

speak.

You

have

to

decide,

 

11

with

careful

consideration

of

his

advice,

one

would

hope,

but

12

ultimately,

it is your decision.

You

do

understand

that?

 

13

THE

DEFENDANT:

Yes.

 

14

THE

COURT:

 

If

I

accept

your

guilty

plea

today,

you

15

will

be

convicted

of

the

crime

to

which

you

are

pleading

guilty

16

and

you

will

not

have

a

trial.

You

understand

that?

 

17

THE

DEFENDANT:

Yes.

 

18

THE

COURT:

 

And

you

understand

that

the

constitutional

19

rights

that

you

would

have

at

a

trial,

you

are

giving

up

in

20

view

of

the

intended

 

guilty

plea,

right?

21

THE

DEFENDANT:

Yes.

 

22

THE

COURT:

 

Mr.

Garon,

the

defendant

is

pleading

 

23

guilty

on

a

Third

Superseding

Information,

upon

which

the

24 defendant

should

be

arraigned.

I

suggest

that

the

complexity

25

of

a

Rule

11

colloquy

substitutes

well

for

UNITED

STATES

vs.

FREITAS,

D-4

-

a

formal

16-20732

~' Case 2:16-cr-20732-RHC-i-.::5W

I

I

ECF No. 119

PLEA

'~

filed 10/11/17

PayelD.640

HEARING

-

6/1/2017

Page 8 of 30

8

1

arraignment,

and

that

you

can

safely

waive

the

formal

 

2

arraignment

and

proceed

with

the

rest

of

the

Rule

11.

3

MR.

GARON:

I

would

agree,

your

Honor.

 

4

THE

COURT:

Thank

you.

5

Mr.

Gardey

agrees?

6

MR.

GARDEY:

Yes,

your

Honor.

7

THE

COURT:

Good.

8

The

rights

that

you

are

giving

up,

I

am

confident

you

9

have

discussed

already

in

some

detail,

very

likely

with

your

10

attorney,

but

I

need

to

go

over

them

and

have

you

acknowledge

11

them

on

the

record

today.

 

12

First,

you're

giving

up

the

right

to

continue

with

a

13

plea

of

not

guilty

or

to

have

one

entered

for

you,

and

to

have

]_ 4

a

trial

by

jury

with

a

lawyer

assisting

you.

Do

you

understand

]_ 5

that?

 

16

THE

DEFENDANT:

Yes.

17