Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 1 of 15
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`f
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`JOHNS. LEONARDO
`United States Attorney
`District of Arizona
`Serra M. Tsethlikai
`Assistant U.S. Attorney
`CA State Bar No. 171177
`United States Courthouse
`405 W. Congress Street, Suite 4800
`Tucson, Arizona 85701
`TeleP.hone: 52Q-620-7300
`Email: serra.tsethlikai@usdoj.gov
`Attorneys for Plaintiff
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF ARIZONA
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`United States of America,
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`Plaintiff,
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`vs.
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`Peter Steve Plesinger,
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`Defendant.
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`CR 14-1362-001-TUC-JAS(LAB)
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`Plea Agreement
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`The United States of America and the defendant, Peter Steve Plesinger, agree to
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`the following disposition of this matter:
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`PLEA
`The defendant agrees to plead guilty to Counts Sixteen (16), Thirty-three (33) and
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`Fifty-eight (58) of the Superceding Indictment, charging the defendant with Exportation
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`of Arms and Munitions, in violation of Title 22, United States Code, Sections 2778(b )(2)
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`and 2778(c) and Title 22, Code of Federal Regulations, Sections 121.1 and 123.1, a
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`felony offense, Engaging in the Business without a License (Firearms), in violation of
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`Title 18, United States Code, Sections 922(a)(l)(A), 923(a) and 924(a)(l)(D), a felony
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`offense, and Money Laundering, in violation of Title 18, United States Code, Section
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 2 of 15
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`1 1 1956(a)(2)(A), a felony offense. The defendant also agrees to forfeit any interest in any
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`of the fiream1s, ammunition, and silencers seized as part of this investigation and submits
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`to a money judgment of $64,500. The balance of the Superseding Indictment will be
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`dismissed at the time of sentencing.
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`ELEMENTS OF THE OFFENSES
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`The essential elements of Exportation of Arms and Munitions are that:
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`1. The defendant intentionally exported and caused to be exported from the
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`United States to the country of Hong Kong Special Administrative Region of
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`the People's Republic of China, articles listed on the Munitions List of
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`technology relating to articles on the Munitions List, which are:
`A Ruger model SR22, .22LR semi-automatic pistol, bearing serial
`number 362-21397;
`A Ruger model SR22, .22LR semi-automatic pistol, bearing serial
`number 362-33260;
`2 silencers; and
`1000 rounds of .308 WIN ammunition;
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`2. A license was required frorri the United States State Department for the
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`defendant's export of the defense article;
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`3. The defendant exported the firearms and/or munitions without first obtaining a
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`license or written approval from the U.S. Department of State; and
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`4. The defendant acted willfully.
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`The essential elements of Engaging in the Business Without a License (Firearms) are
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`that:
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`1. The defendant was willfully engaged in the business of dealing in firearms
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`within the dates specified in the indictment; and
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`2. The defendant did not then have a license as a firearms dealer.
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`The essential elements of Laundering of Monetary Instruments are that:
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 3 of 15
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`I. The defendant, ancl others, transfeJTed or transmitted;
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`2. Monetary instruments or funds;
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`3. To a place in the United States from or through a place outsjde the United
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`States, that is, the country of Hong Kong Special Administrative Region of the
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`People's Republic of China;
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`4. And did so, knowing that the monetary instruments or funds were to promote
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`the carrying on of a specified unlawful activity, that is, smuggling or export
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`control violations involving an item controlled on the United States Munitions List
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`established under section 38 of the Arms Export Control Act (22 U.S.C. § 2778).
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`STIPULATIONS,TERMS AND AGREEMENTS
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`Maximum Penalties:
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`Exportation of Arms and Munitions: The defendant understands and agrees that the
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`maximum penalty for the offense of to which he is pleading are a fine of $1,000,000, a
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`maximum term of twenty (20) years imprisonment, or both, and a maximum term of three
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`(3) years supervised release.
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`Dealing without a License: The defendant understands and agrees that the maximum
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`c
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`penalty for the offense of to which he is pleading are a maximum term of five ( 5) years
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`imprisonment, a fine of $250,000, or both, and a maximum term of three (3) years
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`supervised release.
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`Laundering of Monetary Instruments: The defendant understands and agrees that the
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`maximum penalty for the offense of to which he is pleading are a maximum term of
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`twenty (20) years imprisonment, a fine of not more than $500,000, or both, and a
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`maximum term of three (3) years supervised release.
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`The defendant agrees to pay a fine unless the defendant establishes the
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`applicability of the exceptions contained in§ 5El.2(e) of the Sentencing Guidelines.
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`Special Assessment: The defendant understands that in accordance with Title 18, .
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`United States Code, Section 3013, upon entry of judgment of conviction, there shall be
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`assessed a $100.00 special assessment for each felony count.
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 4 of 15
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`Immigration consequence: The defendant recognizes that pleading guilty may
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`have consequences with respect to his immigration status if defendant is not a citizen of
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`the United States. Under federal law, a broad range of crimes are removable offenses,
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`1ncluding the offense(s) to which defendant is pleading guilty. Removal and other
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`i1mnigration consequences are 'the subject of a separate proceeding, however, and
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`defendant understands that no ope, including defendant's attorney or the district com1,
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`can predict to a certainty the effect of defendant's conviction on defendant's immigration
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`status. Defendant nevertheless affirms that he wants to plead guilty regardless of any
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`immigration consequences that this plea may entail, even if the consequence is
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`defendant's automatic removal from the United States.
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`Agreement Regarding Sentencing:
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`a. Pursuant to Fed. R. Crim. P. ll(c)(l)(C), the parties agree that the below
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`stipulated sentence is an appropriate disposition of this case:
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`Eighty-seven (87) months of imprisomnent.
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`Furthermore, in reaching this stipulated and agreed upon sentencing range, the Court may
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`consider all the facts related to this investigation and consider the relevant conduct
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`involved in the counts of the Superseding Indictment that will be dismissed at the time of
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`sentencing. The Court may also consider:
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`1. The defendant sent 21 firearms, 14 ,917 rounds of vanous calibers of
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`ammunition, and 2 silencers (as charged in the Superseding Indictment);
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`2. The defendant possessed an additional 10 firearms and 7,703 rounds of various
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`calibers of ammunition which were seized from his home during the execution of
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`, a federal search warrant that were intended to be shipped to the country of Hong
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`Kong Special Administrative Region of the People's Republic of China at a later
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`date;
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`3. The defendant possessed 65 items that appeared to be silencers which were
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`seized from his home during the execution of a federal search warrant. One of the
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`items was sent to the ATF laboratory where it was tested and detennined to be a
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`Parker-Hale model MMI silencer, bearjng no serial number. The~e items also
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`appeared to be intended to be shipped 10 the country of Hong Kong Special
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`Administrative Region of the People's Republic of China; and
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`,, 4. The defendant received $64,500 from Kjn Wai Wong via wire transfers from
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`the country of Hong Kong Special Adminisfrative Region of the People's
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`Republic of China into the defendant's designated Pay Pal account in the United
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`States for the acquisition and shipment of firearms, ammunition and silencers from
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`the United States to Hong Kong on Mr. Wong's behalf.
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`b. The defendant may withdraw from the plea agreement if he receives a sentence in
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`excess of the stipulated eighty-seven (87} month sentence.
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`c. The defendant understands and agrees that this plea agreement contains all the
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`terms, conditions and stipulations regarding sentencing. If the defendant requests
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`or if the Court authorizes any reduction of sentence, either by departure or
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`variance, not specifically agreed to in writing by the parties, the government may
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`withdraw from the plea agreement.
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`d. If the Court . departs from the terms and conditions set forth m this plea
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`agreement, either party may withdraw.
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`e. If the Court, after reviewing this plea . agreement, concludes any prov1s10n 1s
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`inappropriate, it may reject the plea agreement and allow the defendant an
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`opportunity to withdraw the defendant's guilty plea, all pursuant to Rule 11 ( c )( 5)
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`and Rule 1 l(d)(2)(A), Fed. R. Crim. P.
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`f. The defendant understands that if the defendant violates any of the conditions of
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`the defendant's supervised release, his supervised release may be revoked. Upon
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`such revocation, notwithstanding any other provision of this agreement, the
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`defendant may be required to serve an additional term of imprisonment or the
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`defendant's sentence may otherwise be altered.
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 6 of 15
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`g. The defendant and the government agree that this agreement does not in any
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`manner restrict the actions of the government in any other district or bind any
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`other United States Attorney's Office.
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`h. The defendant agrees that he will surrender to the US Marshals Service within a
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`week from the date of his entry of his guilty plea.
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`i. Finally, this agreement is· contingent upon the successful guilty pleas of the co(cid:173)
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`defendants, Irina 'Cvetkovic, Stephen Edward Smith and Earl Richmond. If any
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`of the co-defendants does not plead guilty in this case, the defendant agrees that
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`he will be called to testify and that be will testify truthfully.
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`Disclosure of Information to U.S. Probation:
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`The defendant understands the government's obligation to provide all information
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`in its file regarding defendant to the United States Probation Office.
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`The defendant understands and agrees to cooperate fully with the United States
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`Probation Office in providing:
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`a.
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`All criminal history information, i.e., all criminal convictions as defined
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`under the Sentencing Guidelines.
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`b.
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`All financial inform~tion, i.e., present financial assets or liabilities that
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`relate to the ability of the defendant to pay a fine or restitution.
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`c.
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`All history of drug and alcohol abuse which would warrant a treatment
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`condition as part of sentencing.
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`d.
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`All history of mental illness or conditions which would warrant a treatment
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`condition as part of sentencing.
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`Reinstitution of Prosecution:
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`If the defendant's guilty plea is rejected, withdrawn, vacated, or reversed by any
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`court in a later proceeding, the government will be free to prosecute the defendant for all
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`charges as to which it has knowledge, and any charges that have been dismissed because
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`of this plea agreement will be automatically reinstated. In such event, defendant waives
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 7 of 15
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`any objections, motions, or defenses based upon the Speedy Trial Act or the Sixth
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`2 Amendment to the Constitution as to the delay occasioned by the later proceedings.
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`3 Waiver of Defenses and Appeal Rights:
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`The defendant waives any and all motions, defenses, probable cause
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`determinations, and objections which the defendant could assert to the information or
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`indictment, or to the petition to revoke, or to the Court's entry of judgment against the
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`defendant and imposition of sentence upon the defendant providing the sentence is
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`consistent with this agreement. The defendant further waives: (1) any right to appeal the
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`9 Court's entry of judgment against defendant; (2) any right to appeal the imposition of
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`sentence upon defendant under Tille 18, United States Code, Section 3742 (sentence
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`appeals); and (3) any right to collaterally attack defendant's conviction and sentence
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`under Title 28, United States Code, Section 2255, or any other collateral attack. This
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`assistance of counsel or of "prosecutorial misconduct" (as that term is defined by Section
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`ILB of Ariz. Ethics Op. 15-01 (2015)). The defendant acknowledges that this waiver shall
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`result in the dismissal of any appeal or collateral attack Jn~ defendant might file
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`challenging his conviction or. sentence in this case. If the defendant files a notice of
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`appeal or a habeas petition, notwithstanding this agreement, defendant agrees that this
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`case shall, upon motion of the government, be remanded to the district court to determine
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`Plea Addendum
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`This written plea agreement, and any written addenda filed as attachments to this
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`plea agreement, contain all the terms and conditions of the plea. Any additional
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`agreements, if any such agreements exist, shall be recorded in separate documents and
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`26 may be filed with the Court under seal. Accor~ingly, additional agreements, if any, may
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`not be in the public record.
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`AGREEMENT AS TO FORFEITURE
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 8 of 15
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`a. Defendant, Peter Steve Plesinger, knowingly and voluntarily agrees to forfeit
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`all right, title and interest in:
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`Description
`No
`Ruger model 10/22, .22LR semi-automatic rifle
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`Smith and Wesson .357 Magnum revolver
`2.
`Benelli shotgun
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`Remington model 700 .308 caliber rifle
`4.
`Heniy model AR-7, .22LR semi-automatic rifle
`5.
`Henry model AR-7, .22LR semi-automatic rifle
`6.
`Henry model AR-7, .22LR semi-automatic rifle
`7.
`5000 rounds of .22 LR ammunition
`8.
`300 rounds of .308 WIN ammunition
`9.
`600 rounds of .223 REM ammunition
`10.
`2700 rounds of .22LR ammunition
`11.
`100 rounds of .40 S&W ammunition
`12.
`13.
`100 rounds of .308 WIN subsonic ammunition
`100 rounds of .357 caliber Cowboy Load ammunition
`14.
`15.
`100 rounds of .357 caliber Hollow Point ammunition
`Just Right Carbine model Jr. Carbine 9 mm rifle
`16.
`130 rounds of .223 REM ammunition
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`500 rounds of9 mm Luger ammunition
`18.
`Ruger model 22/45 Lite, .22LR semi-automatic pistol
`19.
`Ruger model 22/45 Lite,pistol
`20.
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`24.
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`\
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`Ruger model 22/45 Lite pistol
`Ruger model 22/45 Lite pistol
`Ruger model 22/45 Lite pistol
`Sig Sauer model 556, 5.56x45 mm semi-automatic pistol
`Tactical Solutions model X-Ring, .22LR semi-automatic rifle -
`Colt model Government (1911), .45 ACP semi-automatic
`pistol
`Til<l<:a model Sporter .223 REM semi-automatic rifle
`, Henry model AR7, .22LR semi-automatic rifle
`A silencer
`Remington model 700 Stainless, .308 WIN bolt-action rifle
`Remington model 700, .308 WIN bolt-action rifle
`Ruger model SR22, .22LR semi-automatic pistol
`Smith & Wesson model M&P 15/22, .22LR semi-automatic
`rifle
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`27.
`28.
`29.
`30.
`31.
`32.
`33.
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`Serial Number
`352-46288
`Unknown
`Unknown
`S6762527
`Unknown
`Unknown
`Unknown
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`JRCV031886
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`390-24967
`390-43416
`390-42507
`390-43455
`390-43454
`TP002199
`TSX-03150
`2847175
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`Unknown
`Unknown
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`RR92489C
`RR82463C
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`363-75565
`HBZ3159
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`I R;;-g~-;- model SR22_' .22LR sen~'.-automat~c p'.stol
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`~:J_Ruger model SR22, .22L,R se1m-automatic pistol
`36. Two Silencers
`37. 1,000 rounds of .308 WlN ammunition
`38. CZ model 455, .22LR bolt-action .22 rifle
`39. CZ model 455, .22LR bolt-action .22 rifle
`40. Benelli model Ethos, 12 GA shotgun
`41. Benelli model M4 Tactical,12GA shotgun
`42. CZ model 527, 7.62x39 mm bolt-action rifle
`43. Ruger model SR22, .22LR semi-automatic pistol
`44. Ruger model SR22, .22LR semi-automatic pistol
`45. STI model Edge, .45 ACP semi-automatic pistol
`46. 260 rounds .500 caliber ammunition
`47. Big Hom Armory model 89 Spikedriver .500 S & W
`Magnum lever-action rifle
`48. Beretta model M9, 9 mm Luger semi-automatic pistol
`49. Heckler and Koch model HK45, .45 ACP semi-automatic
`pistol
`50. Ruger model 22/45 Lite Mark III, .22LR semi-automatic
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`pistol
`51. 501 rounds of9mm Luger ammunition
`52. Beretta model 92 M9, 9 mm Luger semi-automatic pistol
`53. 9,200 rounds .22 caliber ammunition
`54. 187 rounds of Federal .45 ACP ammunition
`55. 730 rounds of .223 caliber ammunition
`56. 800 rounds of .223 caliber ammunition
`57. 200 rounds of .223 caliber ammunition
`58. 624 rounds of Federal .45 ACP ammunition
`59. 502 rounds of 9mm Luger ammunition
`60. 3 Ruger 9 mm pistol magazines
`61. Cqlt model Mustang, .380 ACP semi-automatic pistol
`62. CZ model 452, .22LR bolt-actidn rifle
`63. CZ model 452, .22LR bolt-action rifle
`64. Dan Wesson Arm .22LR handgun
`65. High Standard .22 caliber pistol
`66. High Standard .22 caliber rifle
`67. Rada Drulux 9 mm pistol
`68. Remington .22LR rifle
`69. Smith and Wesson Colt 9 mm pistol
`70. Witness EAA Highland handgun
`71. 6 rounds .380 ACP ammunition
`72. 7,063 rounds of .22 caliber ammunition
`73. 120 rounds of20 GA ammunition
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`-
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`-
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`362-21397
`362-33260
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`B357994A
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`B357999A
`F318003V
`Y071598F
`B404002
`. 363-96236
`363-95946
`CM8572
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`BHA0194
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`M9-170679
`HKU-013280
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`390-78566
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`M9-169746
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`MP03015
`836129
`A697716
`81426
`797166
`_ML8_3810
`489
`A2164179
`V1053BAF
`AE22630
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 10 of 15
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`lli'-L 100 rnunds of g_GA ammuniti.~~-
`. I 91 rounds of .25 6_~~J~-~1!1m11niti?n
`7i. : 161 rounds of .357 caliber amm~nition
`. 1106 rounds of!) mm ammunition
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`--
`78. 28 rounds of 6.5 mm Remington ammunition
`79. 28 rounds of .38 caliber special ammunition
`80. 12 silencers
`81. Parker-Hale model MMI silencer
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`no serial number
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`b. Defendant knowingly and voluntarily agrees not to pursue any filed claims,
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`and to waive all interest in the assets listed above, in any administrative, civil or criminal
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`judicial proceeding, whether state or federal, which may be initiated.
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`c. Defendant knowingly and voluntarily agrees to consent to the entry of orders
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`of forfeiture for the forfeitable assets and waives the requirements of Federal Rules of
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`Criminal Procedure, Rule 32.2 regarding notice of the forfeiture in the charging
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`announcement of the forfeiture at sentencin~, and incorporation of the
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`instrument,
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`forfeiture in the judgment.
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`d.
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`The defendant acknowledges that he understands that the forfeiture of assets
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`is part of the sentence that may be imposed in this case and waives any failure by the
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`Court to advise him of this, pursuant to Federal Rule of Criminal Procedure ll(b)(l)(J),
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`at the time his guilty plea is accepted.
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`e. Defendant knowingly and voluntarily agrees to waive all constitutional, legal,
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`and equitable defenses to all constitutional and statutory challenges in any manner
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`(including direct appeal, habeas corpus, any jeopardy defense or claim of double
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`jeopardy, or any other means), and knowingly and voluntarily agrees to waive any claim
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`or defense under the Eighth Amendment to the United States Constitution, including any
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`claim of excessive fine or punishment, to any forfeiture carried out in accordance with
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`this plea agreement on any grounds.
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`f.
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`Defendant warrants that he is the owner or has an interest in the property
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`listed above, and knowingly and voluntarily agrees to hold the United States, its agents
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 11 of 15
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`and employees hannless from any claims whatsoever in connection with the seizure or
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`forfeiture of the above-listed assets covered by thjs agreement.
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`g. Defendant knowingly and voluntarily agrees and understands the forfeiture of
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`the assets listed above shall not be treated as satisfaction of any assessment, fine,
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`restitution, cost of imprisonment, or any· other penalty this Court may impose upon the
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`defendant in addition to the forfeiture.
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`h. Defendant agrees to the entry of a money judgment in the amount of $64,500
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`of the offenses. Defendant agrees that the monies were derived from proceeds of
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`violations of Title 18, United States Code, Section 1956(a)(2)(A).
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`I. Defendant agrees that pursuant to Title 21, United States Code, Section
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`853(p ), the United States will seek forfeiture of any other property of said defendant up to
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`the value of the money judgment, including but not limited to all property, both real and
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`personal, owned by the defendant.
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`J. Defendant knowingly and voluntarily agrees to consent to the entry of orders
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`of forfeiture for the forfeitable assets and waives the requirements of Federal Rules of
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`instrument, announcement of the forfeiture at sentencing, and incorporation of the
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`forfeiture in the judgment.
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`k. Defendant agrees that the forfeiture provisions of this agreement are intended
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`to, and will, survive him, notwithstanding the abatement of any underlying criminal
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`conviction after the execution of this agreement. The forfeitability of any particular
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`property pursuant to this agreement shall be determined as if defendant had survived, and
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`that determination shall be binding on defendant's heirs, successors, and assigns until the
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`agreed forfeiture, including any agreed money judgment, is collected in full.
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`WAIVER OF DEFENDANT'S RIGHTS AND FACTUAL BASIS
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`27 Waiver of Rights
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 12 of 15
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`I have read each of the provisions of the entire plea agreement with the assistance
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`2. of counsel and understand its provisions. l have discussed the case and my constitutional
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`and other rights with my attorney. I understand that by entering my plea of guilty, I will
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`b_e giving up my rights to plead not guilty, to trial by jury, to confront, cross-examine, and
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`compel the attendance of witnesses, to present evidence in my defense, to remain silent
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`and refuse to be a witness against myself by asserting my privilege against 1 self-
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`incrimination -- all with the assistance of counsel -- and to be presumed innocent until
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`proven guilty beyond a reasonable doubt.
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`I agree to enter my guilty plea as indicated above on the tenns and conditions set
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`forth in this agreement.
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`I have been advised by my attorney of the nature of the charges to which I am
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`entering my guilty plea. I have fuiiher been advised by my attorney of the nature and
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`range of the possible sentence.
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`My guilty plea is not the result of force, threats, assurances or promises other than
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`the promises contained in this agreement. I agree to the provisions of this agreement as a
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`voluntary act on niy part, rather than at the direction of or because of the recommendation
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`of any other person, and I agree to be bound according to its provisions.
`I fully understand that, if l am placed on supervised release by the court, the terms
`and conditions of such supervised release are subject to modification at any time. I
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`further understand that, if I violate any of the conditions of my supervised release, my
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`supervised release may be revoked and upon such revocation, notwithstanding any other
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`provision of this agreement, I may be required to serve an additional tenn of
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`imprisonment or my sentence may otherwise be altered.
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`I agree that any Guidelines
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`24 Range referred to herein or discussed with my attorney is not binding on the court and is
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`25 merely an estimate.
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`I agree that this written plea agreement contains all the terms and conditions of my
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`plea and that promises made by anyone (including my attorney), and specifically any
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 13 of 15
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`predictions as to the guideline range applicable, that are not contained withjn this written
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`plea agreement are without force and effect and are null and void.
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`I am satisfied that my defense attorney has represented me in a competent manner.
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`I am fully capable of understanding the terms and conditions of this plea
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`agreement. I am not now on or under the influence of any drug, medication, liquor, or
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`other intoxicant or depressant, which would impair my ability to fully understand the
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`terms and conditions of this plea agreement.
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`Factual Basis:
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`I agree that the following facts accurately describe my conduct in connection with
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`the offense to which I am pleading guilty; and, that if this matter were to proceed to trial,
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`the government could prove the elements of the off ens~ beyond a reasonable doubt based
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`on the following facts:
`On or around March 18, 2014 and up to and including March 19, 2014, at
`or near Green Valley, and elsewhere in the District of Arizona, I, Peter
`Steve Plesinger, did intentionally, knowingly and willfully export from the
`United States to the country of Hong Kong Special Administrative Region
`of the People's Republic of China:
`A Ruger model SR22, .22LR semi-automatic pistol, bearing serial number
`362-21397;
`A Ruger model SR22, .22LR s.emi-automatic pistol, bearing serial number
`362-33260;.
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`2 silencers; and
`1,000 rounds of .308 WIN ammunition;
`The firearms, silencers, and rounds of ammunition are all defense articles
`which are designated as defense articles on the United States Munitions
`I did not have a license nor written approval from the State
`List.
`Department to export these items and I kllew that it was illegal to export
`these items from the United States into Hong Kong.
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`Also, from a time unknown and including January 28, 2014 through July 9,
`2014, at or near Sahuarita and elsewhere in the District of Arizona, I, Peter
`Steve Plesinger, did willfully engage in the business of dealing firearms.
`At the time, I was not a licensed firearms dealer. I sold and exported over
`21 firearms, 14,914 rounds of various calibers of ammunition and 2
`silencers to Kin Wai Wong in the country of Hong Kong Special
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 14 of 15
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`Date
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`Administrative Region of the People's Republic of China. Furthermore, I
`had acquired an additional 10 firearms and 7,703 rounds of various calibers
`of ammunition that I intended to export to Hong Kong but were seized by
`federal law enforcement officers, pursuant to a federal search warrant, prior
`to their shipment.
`I submit that I devoted time, attention, and labor to
`dealing in firearms with Kin Wai Wong as a regular course of trade or
`business with the principal objective of livelihood and profit through the
`repetitive purchase and resale of firearms.
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`Finally, on February 27, 2014, Kin Wai Wong transferred and transmitted
`$83,585.80 in Hong Kong dollars from the country of Hong Kong Special
`Administrative Region of the People's Republic of China to my, Peter
`Steve Plesinger, Pay Pal account in the United States. The money was
`converted to $10,000 in United States currency which are monetary funds.
`I had Kin Wai Wong transfer and transmit those funds to me as payment
`and proceeds of a specified unlawful activity, that is, exporting items on the
`United States Munitions List established under section 38 of the Arms
`Export Control Act (22 U.S.C. § 2778), that is, firearms, magazines,
`silencers and ammunition from the United States to the country of Hong
`Kong Special Administrative Region of the People's Republic of China.
`The money transfers were to promote and continue the carrying on of the
`specified unlawful activity as Kin Wai Wong would order specific firearms,
`including silencers, and ammunition, over the internet through me, Peter
`Steve Plesinger, with payment for such items made via wire transfers of
`monetary instruments and funds from Hong Kong to my United States Pay
`In total, $64,500 in United States currency was transferred
`Pal account.
`and transmitted from Hong Kong to the United States in l 0 money transfers
`during a six month period of time (January 2014 through May 31, 2014).
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`DEFENSE ATTORNEY'S APPROVAL
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`Case 4:14-cr-01362-JAS-LAB Document 246 Filed 07/20/16 Page 15 of 15
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`I have discussed this case and the plea agreement with my client, in detail and
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`have advised the defendant of all matters within the scope of Feµ. R. Crim. P. 11, the
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`constitutional and other rights of an accused, the factual basis for and the nature of the
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`offense to which the guilty plea will be entered, possible defenses, and the consequences
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`of the guilty plea including the maximum statutory sentence possible and the defendant's
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`6 waiver of his right to appeal. I have further discussed the sentencing guideline concept
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`7 with the defendant. No assurances, prmmses, or representations have been given to me
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`or to the defendant by the United States or by any of its representatives which are not
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`contained in this writtyn agreement.
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`I concur in the entry of the plea as indicated above and on the terms and conditions
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`set forth in this agreement as in the best interests of my client. I agree to make a bona
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`fide effort. to ensure that the guilty plea is entered in accordance with all the requirements
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`of Fed. R. Crim. P. 11.
`7 .. ~0--2b)~
`Date
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`GOVERNMENT'S APPROVAL
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`I have reviewed this matter and the plea agreement.
`I agree on behalf of the
`United States that the terms and conditions set forth are appropriate and are in the be~t
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`interests of justice.
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`Date
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`JOHNS. LEONARDO
`United States Attorney
`District of Arizona
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`" JJ~
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`SERRA M. TSETHLIKAI
`Assistant U.S. Attorney
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