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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page 1 of 19 PageID #: 9
`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Pageiofi9
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`MERRICK B. GARLAND
`Attorney General of the United States
`TRACY L. WILKISON
`United States Attorney
`SCOTT M. GARRINGER
`Assistant United States Attorney
`Chief, Criminal Division
`MARK A. WILLIAMS (Cal. Bar No. 239351)
`Special Attorney Appointed Under 28 U.S.C. § 515
`DENNIS MITCHELL (Cal. Bar No. 116039)
`Special Attorney Appointed Under 28 U.S.C. § 515
`ERIK M. STLBER (Cal. Bar No. 190534)
`Special Attorney Appointed Under 28 U.S.C. § 515
`1300 United States Courthouse
`312 North Spring Street
`Los Angeles, California 90012
`Telephone:
`(213) 894-3359/2484/2231
`E-mail:
`mark.a.williams@usdoj.gov
`dennis.mitchell@usdoj.gov
`erik.silber@usdo}.gov
`
`
`Attorneys for Plaintiff
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`UNITED STATES OF AMERICA
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`UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF HAWATT
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`UNITED STATES OF AMERICA,
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`Plaintiff,
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`Vv.
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`MONSANTO COMPANY,
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`Defendant.
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`
`
`Case No. 19-CR-00162-UMS
`00140
`Case No. 21-CR-00140 -gms
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`PLEA AGREEMENT FOR DEFENDANT
`MONSANTO COMPANY
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`
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`1.
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`This constitutes the binding plea agreement between
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` defendant MONSANTO COMPANY (“defendant” or “Monsanto”) and the
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`United States Attorney’s Office for the Central District of
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`California, acting as Special Attorney in the District of Hawaii
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`(“the USAO”),
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`in the two above-captioned cases. This agreement is
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`limited to the USAO and cannot bind any other federal, state,
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`local,
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`FR
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`N W
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`w a o
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`1
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page2of19
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`PagelD #: 10
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`or foreign prosecuting, enforcement, administrative, or regulatory
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`authorities.
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`RULE 11(c) (1) (C) AGREEMENT
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`2.
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`Defendant understands that this agreement is entered into
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`pursuant to Federal Rule of Criminal Procedure 11(c) (1) (Cc).
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`Accordingly, defendant understands that, if the Court determines
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`that it will not accept this agreement, absent a breach of this
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`
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`agreement by defendant prior to that determination,
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`this agreement
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`will, with the exception of paragraph 21 below, be rendered null
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`and
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`void and both defendant and the USAO will be relieved of their
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`obligations under this agreement. Defendant agrees, however,
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`tha
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`t
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`if defendant breaches this agreement prior to the Court’s
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`13
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`determination whether or not to accept this agreement,
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`the breach
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`provisions of this agreement, paragraphs 23 and 24 below, will
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`control, with the result that defendant will not be able to withdraw
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`ol
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`any guilty pleas entered pursuant to this agreement,
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`the USAO wil
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`ka
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`N o
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`s)
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`we
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`OY
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`1 h
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`and
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`TWO
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`be relieved of all of its obligations under this agreement, and t
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`Court’s failure to follow any recommendation or request regarding
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`sentence set forth in this agreement will not provide a basis for
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` defendant to withdraw defendant’s guilty pleas.
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`DEFENDANT’ S OBLIGATIONS
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`
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`
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`3.
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`
`Defendant agrees to:
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`
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`a)
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`At the earliest opportunity requested by the USAO
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`provided by the Court, appear and plead guilty to counts one and
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`of the information in United States v. Monsanto Company, No. 19-CR-
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`00162-JMS, which charges defendant with two felony counts of
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`unlawful storage of acute hazardous waste in violation of 42 U.S.
`
`on
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`§ 6928 (d) (2) (A).
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`

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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page3o0f19
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`PagelD #: 11
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`b)
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`At the earliest opportunity requested by the USAO and
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`provided by the Court, appear and plead guilty to the 30-count
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`information filed independently in a separate case number,
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`in the
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`
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`form attached to this agreement as Exhibit A or a substantially
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`similar form, charging defendant with knowingly using a pesticide
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`
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`inconsistent with its label in violation of 7 U.S.C.
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`§§ 13693 (a) (2) (G), 1361 (b) (1) (A).
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`c)
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`qd)
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`Not contest facts agreed to in this agreement.
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`Abide by all agreements regarding sentencing
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`contained in this agreement, and affirmatively recommend to the
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`court that it impose sentence in accordance with paragraph 15 of
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`this agreement.
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`e)
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`Appear for all court appearances, obey all conditions
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`of any bond, and obey any other ongoing court order in this matter.
`
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`£
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`Not commit any federal felony or misdemeanor offense
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`or state felony offense; however, offenses that would be excluded
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`for sentencing purposes under United States Sentencing Guidelines
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`
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`(“U.S.S.G.” or “Sentencing Guidelines”)
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`§ 4Al1.2(c) are not within
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`the scope of this agreement.
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`Be truthful at all times with Pretrial Services,
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`g)
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`the
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`he
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`NO
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`Ww
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`ws
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`oO
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`oo
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`CO
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`ie)
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`h ~I
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`United States Probation Office, and the Court.
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`h)
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`Pay the applicable special assessment, community
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`service payments, and fine no more than 14 days from the sentencing
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`24
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`hearing date.
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`1)
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`Because defendant committed the 30 misdemeanor
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`violations identified in paragraph 3(b) above (and explained in more
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`detail in Exhibit C to this agreement)
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`in violation of the 2019
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` deferred prosecution agreement between the parties, defendant agrees
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`3
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page 4of19
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`PagelD #: 12
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`that the 2019 deferred prosecution agreement between the parties
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`does not require dismissal of the felony unlawful storage of acute
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`hazardous waste charges identified in paragraph 3(a) above.
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`Instead, as stated above, defendant agrees to plead guilty to those
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`charges.
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`THE USAO’S OBLIGATIONS
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`4,
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`The USAO agrees to:
`a)
`Not contest facts agreed to in this agreement.
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`Abide by all agreements regarding sentencing
`b)
`contained in this agreement, and affirmatively recommend to the
`
`court that it impose sentence in accordance with paragraph 15 of
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`this agreement.
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`CORPORATE AUTHORIZATION
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`5.
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`Defendant represents that it is authorized to enter into
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`this agreement.
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`On or before the change of plea hearing pursuant to
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`this agreement, defendant shall provide the USAO and file with the
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`Court a notarized legal document(s) certifying that defendant is
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`authorized to enter into and comply with all of the provisions of
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`this agreement.
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`Such legal document(s) shall designate a company
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`representative who is authorized to take the actions specified in
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`this agreement, and shall also state that all legal formalities for
`
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`such authorizations have been observed.
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`ORGANIZATIONAL CHANGES AND APPLICABILITY
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`6.
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`This agreement shall bind defendant, its successor
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`entities (if any), parent companies, and any other person or entity
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`
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`be
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`No
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`OO
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`ws
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`ol
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`oN
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`~~]
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`co
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`©
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`that assumes the liabilities contained herein (“successors-in-
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`interest”) including, but not limited to, Monsanto Company, Monsanto
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`Technology LLC, Bayer Production Supply LLC, Monsanto Production
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`4
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page5of19
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`PagelD #: 13
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`Supply LLC, and each entities’ wholly owned corporate subsidiaries.
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`Defendant, or its successors-in-interest, if applicable, shall
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` £
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`provide the USAO and the United States Probation Office for the
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`District of Hawaii with reasonably prompt notice of any name change,
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`business reorganization, sale or purchase of assets, divestiture of
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`assets, or similar action impacting their ability to pay the fine or
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`affecting this agreement.
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`No change in name, change in corporate or
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`individual control, business reorganization, change in ownership,
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`merger, change of legal status, sale or purchase of assets, or
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`similar action shall alter defendant’s responsibilities under this
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`agreement. Defendant shall not engage in any action to seek to
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`avoid the obligations and conditions set forth in this agreement.
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`NATURE OF THE OFFENSES
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`7.
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`Charges Filed in 2019 (Pursuant
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`
`
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`Agreement): Defendant understands that for defendant
`to be guilty
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`to Deferred Prosecution
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`
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`of the felony crimes charged in counts one and two of the three-
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`count
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`information in United States v. Monsanto Company, 19-CR-00162-
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`JMS,
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`that is, unlawful storage of an acute hazardous waste,
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`in
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`violation of 42 U.S.C. § 6928(d) (2) (A),
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`the following must be true:
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`(1) defendant knowingly stored more than one kilogram of an acute
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`hazardous waste;
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`(2) defendant knew that the material had the
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`substantial potential to be harmful to others or to the environment;
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`and (3) defendant did not have a permit or interim status.
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`New Charges: Defendant understands for defendant to be
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`8.
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`guilty of the 30-count misdemeanor information in the separately
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`charged case,
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`that is knowingly using a pesticide inconsistent with
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`its labeling in violation of 7 U.S.C. §§ 1363 (a) (2) (G),
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`
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`1361 (b) (1) (A),
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`the following must be true:
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`(1) defendant was a
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`5
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`bh
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`NO
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`QW
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`a o
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`i
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`o>)
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`Ne}
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`fa oe)
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page6of19
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`PagelD #: 14
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`registrant; and (2) defendant knowingly used a registered pesticide
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`inconsistent with its labeling.
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`PENALTIES
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`9.
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`Defendant understands that the statutory maximum sentence
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`that the Court can impose for each violation of 42 U.S.C.
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`§ 6928 (d) (2) (A)
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`is: five years’ probation; a fine of $500,000 or
`-
`twice the gross gain or gross loss resulting from the offense,
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`whichever is greatest; and a mandatory special assessment of $400.
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`
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`
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`10. Defendant understands that the statutory maximum sentence
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`that the Court can impose for each violation of 7 U.S.C.
`
`§§ 1363) (a) (2) (G), 1361 (b) (1) (A)
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`is: five years’ probation; a fine of
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`
`
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`$200,000 or twice the gross gain or gross loss resulting from the
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`offense, whichever is greatest; and a mandatory special assessment
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`of $125.
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`11. Defendant understands that the statutory maximum sentence
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`that the Court can impose for violation of all 32 counts in the two
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`separate informations is:
`
`(1)
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`ten years’ probation;
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`(2) a fine of
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`$7,000,000 or twice the gross gain or gross loss resulting from the
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`offense, whichever is greatest; and (3) a mandatory special
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`assessment of $4,550.
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`SUSPENSION, REVOCATION, AND DEBARMENT
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`
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`12. Defendant understands that if defendant holds any
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`regulatory licenses or permits,
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`the convictions in this case may
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`
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`result in the suspension or revocation of those licenses and
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`permits.
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`The USAO makes no representation or promise concerning
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`suspension or debarment of defendant from contracting with the
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`United States or with any office, agency, or department thereof.
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`Suspension and debarment of organizations convicted under various
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`6
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`bh
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`NO
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`W a O
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`o
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`fom)
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`~]
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`co
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`Ke)
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page7of19
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`PagelD #: 15
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` federal environmental protection and criminal statutes is a
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`discretionary administrative action solely within the authority of
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`the federal contracting agencies. Defendant understands that
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`unanticipated collateral consequences such as this will not serve as
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`grounds to withdraw defendant’s guilty pleas.
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`FACTUAL BASIS
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`13. Defendant admits that defendant is,
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`
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`in fact, guilty of the
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`offenses to which defendant is agreeing to plead guilty. Defendant
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`and the USAO agree to the statement of facts attached hereto as
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`Exhibits B and C, which are incorporated by reference herein, and
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`
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`agree that the statement of facts are sufficient to support the
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`pleas of guilty to the charges in the two informations described in
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`this agreement as well as the sentence, conditions of probation,
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`compliance program, fine, and community service payments specified
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`
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`The attached statement of facts is not meant to
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`in this agreement.
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`be a complete recitation of all facts relevant to the underlying
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`criminal conduct or all facts known to either party that relate to
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`that conduct.
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`SENTENCING AGREEMENT
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`14. Defendant and the USAO agree and stipulate that, pursuant
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`to United States Sentencing Guidelines (“U.S.S.G.”%) $§ 8C2.1 and
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`8C2.10,
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`the sentencing guidelines are not applicable in determining
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`the fine for an organization violating statutes relating to the
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`environment, but that all other sections of Chapter 8 of the
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`including the provisions
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`U.S.S.G. are applicable in this case,
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`regarding probation and restitution. Defendant understands that in
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`determining defendant’s sentence,
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`the Court is required to consider
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`the factors set forth in 18 U.S.C. § 3553(a),
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`including the kinds of
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`7
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page 8of19
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`PagelD #: 16
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`sentence and sentencing range established under the Sentencing
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`Guidelines. Defendant agrees that at the time of sentencing the
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`Court may consider any uncharged conduct in determining the
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`applicable Sentencing Guidelines range,
`
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`the propriety and extent of
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`any departure from that range, and the sentence to be imposed after
`
`consideration of the Sentencing Guidelines and all other relevant
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`
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`factors under 18 U.S.C.
`
`§ 3553{a).
`
`15.
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`
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`Pursuant to U.S.S.G. §§ 8D1.1 and 8D1.2 and the factors
`
`set forth in Title 18, United States Code, Section 3553(a),
`
`including the nature and circumstances of the offense and the
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`history and characteristics of the defendant,
`
`the need for the
`
`
`fsentence imposed to reflect the seriousness of the offense,
`
`to
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`promote respect for the law,
`
`to provide just punishment for the
`
`offense,
`
`to afford adequate deterrence to criminal conduct, and to
`
`
`protect the public from further crimes of the defendant,
`
`the parties
`
`agree that defendant shall be sentenced as follows:
`
`
`a)
`Probation: Defendant shall be sentenced to a three-
`year term of probation with conditions to be fixed by the Court,
`
`including, but not limited to,
`
`the conditions of probation set forth
`
`
`in Exhibit D to this agreement.
`
`b)
`
`
`Criminal Fine: Defendant shall pay a criminal fine of
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`$6,000,000.
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`The criminal fine shall be paid by certified check or
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`wire transfer to the Clerk of the United States District Court for
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`the District of Hawaii, and confirmation of the completed wire
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`
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`transfer or certified check shall be provided by defendant
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`to the
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`USAO, within 14 days of the date the sentence is imposed.
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`c)
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`Community Service Payments: Defendant shall pay a
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`total of $6,000,000 in the form of community service payments to the
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`8
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`he
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`N W
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`w
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`a)
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`b)
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`c)
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`The right to a speedy and public trial by jury.
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`The right to be represented by counsel at trial.
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page9of19
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`PagelD #: 17
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`Hawaii government entities as described in the conditions of
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`probation set forth in Exhibit D to this agreement, within 14 days
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`of the date the sentence is imposed.
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`d)
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`Special Assessment: Defendant shall pay a total
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`special assessment of $4,550 within 14 days of the date the sentence
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`is imposed.
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`WAIVER OF CONSTITUTIONAL RIGHTS
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`16. Defendant understands that by pleading guilty, defendant
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`
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`gives up the following rights:
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`
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`The right to persist in a plea of not guilty.
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`Defendant understands, however,
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`that, defendant retains the right to
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`be represented by counsel at every other stage of the proceeding.
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`d)
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`The right to be presumed innocent and to have the
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`burden of proof placed on the government to prove defendant guilty
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`beyond a reasonable doubt.
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`e)
`
`c
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`The right to confront and cross-examine witnesses
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`against defendant.
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`f)
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`The right to testify and to present evidence in
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`opposition to the charges,
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`including the right to compel the
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`attendance of witnesses to testify.
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`g)
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`Any and all rights to pursue any affirmative
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`defenses, Fourth Amendment or Fifth Amendment claims, and other
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`pretrial motions that have been filed or could be filed.
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`WAIVER OF STATUTE OF LIMITATIONS
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`17. Having been fully advised by defendant’s attorney
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`regarding application of the statute of limitations to the offenses
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`be
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`No
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`W w
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`a
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`Oo
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`oY
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`~J
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`© ©
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page10o0f19
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`PagelD #: 18
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`to which defendant is pleading guilty, defendant hereby knowingly,
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`voluntarily, and intelligently waives, relinquishes, and gives up:
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`
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`(a) any right that defendant might have not to be prosecuted for the
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` offenses to which defendant is pleading guilty because of the
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`expiration of the statute of limitations for the offense prior to
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`the filing of the informations alleging the offenses; and (b) any
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`defense, claim, or argument defendant could raise or assert that
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`prosecution of the offense to which defendant is pleading guilty is
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`barred by the expiration of the applicable statute of limitations,
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`pre-indictment delay, or any speedy trial violation.
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`WATVER OF APPEAL OF CONVICTIONS
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`18. Defendant understands that, with the exception of an
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`appeal based on a claim that defendant’s guilty pleas were
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`involuntary, by pleading guilty defendant is waiving and giving up
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`any right to appeal defendant’s convictions on the offenses to which
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` defendant is pleading guilty.
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`LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
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`19. Defendant agrees that, provided the Court
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`imposes the
`
`sentence specified in paragraph 15, defendant gives up the right to
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`appeal any portion of the sentence.
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`20.
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`The USAO agrees that, provided the Court imposes the
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`sentence specified in paragraph 15,
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`the USAO gives up its right to
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`appeal any portion of the sentence.
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`RESULT OF WITHDRAWAL OF GUILTY PLEAS
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`21. Defendant agrees that if, after entering the guilty pleas
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`pursuant to this agreement, defendant seeks to withdraw and succeeds
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`in withdrawing one or more of defendant’s guilty pleas on any basis
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`other than a claim and finding that entry into this agreement was
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`10
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Pageilof19
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`involuntary,
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`then:
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`(a)
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`the USAO will be relieved of all of its
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`obligations under this agreement; and (b) should the USAO choose to
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`pursue any charge or any civil, administrative, or regulatory action
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`that was either dismissed or not filed as a result of this
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`agreement,
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`then (i) any applicable statute of limitations will be
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`tolled between the date of defendant’s signing of this agreement and
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`the filing commencing any such action; and (ii) defendant waives and
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`gives up all defenses based on the statute of limitations, any claim
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` f
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`of pre-indictment delay, or any speedy trial claim with respect to
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`any such action(s), except to the extent that such defenses existed
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`as of the date of defendant’s signing this agreement.
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`EFFECTIVE DATE OF AGREEMENT
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`22. This agreement is effective upon signature and execution
`
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`of all required certifications by defendant, defendant’s counsel,
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`and government counsel.
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`BREACH OF AGREEMENT
`
`
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`23. Defendant agrees that if defendant, at any time after the
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`signature of this agreement and execution of all required
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`certifications by defendant, defendant’s counsel, and government
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` £
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`obligations under this agreement
`
`(“a breach”),
`
`the USAO may declare
`
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`counsel, knowingly violates or fails to perform any of defendant's
`
`
`this agreement breached. All of defendant’s obligations are
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`material, a single breach of this agreement is sufficient for the
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`USAO to declare a breach, and defendant shall not be deemed to have
`
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`cured a breach without the express agreement of the USAO in writing.
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`Tf the USAO declares this agreement breached, and the Court finds
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`such a breach to have occurred,
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`then:
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`(a) if defendant has
`
`previously entered guilty pleas pursuant to this agreement,
`
`il
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`i N
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`h
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`Ww
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`we
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`o1
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`an
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`~]
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`oO
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`Oo
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`4 ke
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page1i2o0f19
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`PagelD #: 20
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`defendant will not be able to withdraw the guilty pleas,
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`(b)
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`the
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`USAO will be relieved of all its obligations under this agreement,
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`and (c)
`
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`the Court’s failure to follow any recommendation or request
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`regarding sentence set forth in this agreement will not provide a
`
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`basis for defendant to withdraw defendant’s guilty pleas.
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`24.
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`Following the Court’s finding of a knowing breach of this
`
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`agreement by defendant, should the USAO choose to pursue any charge
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`or any civil, administrative, or regulatory action that was either
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` nos
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`dismissed or not filed as a result of this agreement,
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`then:
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`limitations is tolled between the date of defendant’s signing of
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`Defendant agrees that any applicable statute of
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`a)
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`this agreement and the filing commencing any. such action.
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`b)
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`Defendant waives and gives up all defenses based. on
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`the statute of limitations, any claim of pre-indictment delay, or
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`
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`any speedy trial claim with respect to any such action, except to
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`the extent that such defenses existed as of the date of defendant’s
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`signing this agreement.
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`c)
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`Defendant agrees that:
`
`(i) any statements made by
`
`defendant, under oath, at the guilty plea hearing (if such a hearing
`
`occurred prior to the breach); (ii) the agreed to factual basis
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`statement attached to this agreement; and (iii) any evidence derived
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`from such statements, shall be admissible against defendant in any
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`such action against defendant, and defendant waives and gives up any
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`claim under the United States Constitution, any statute, Rule 410 of
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`the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of
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`Criminal Procedure, or any other federal rule,
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`that the statements
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`or any evidence derived from the statements should be suppressed or
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`are inadmissible.
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`12
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`bt
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`ay
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`©
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`PagelD#: 21
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`COURT AND PROBATION OFFICE NOT PARTIES
`
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`25. Defendant understands that the Court and the United States
`
`Probation Office are not parties to this agreement and need not
`
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`accept any of the USAO’s sentencing recommendations or the parties’
`
`
`agreements to facts, sentencing factors, or the sentence. Defendant
`
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`understands that the Court will determine the facts, sentencing
`
`factors, and other considerations relevant to sentencing and will
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`decide for itself whether to accept and agree to be bound by this
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`agreement.
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`26. Defendant understands that both defendant and the USAO are
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`free to:
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`(a) supplement the facts by supplying relevant information
`
`to the United States Probation Office and the Court,
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`(b) correct any
`
`and all factual misstatements relating to the Court’s Sentencing
`
`
`
`
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`Guidelines calculations and determination of sentence, and (c) argue
`
`on appeal and collateral review that the Court’s Sentencing
`
`Guidelines calculations and the sentence it chooses to impose are
`
`
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`not error, although each party agrees to maintain its view that the
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`calculations and sentence referenced in paragraph 15 are consistent
`
`
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`with the facts of this case. While this paragraph permits both the
`
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`USAO and defendant to submit full and complete factual information
`
`to the United States Probation Office and the Court, even if that
`
`
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`factual information may be viewed as inconsistent with the facts
`
`this paragraph does not affect
`
` ce
`
`
`
`
`agreed to in this agreement,
`
`defendant’s and the USAO’s obligations not to contest the facts
`
`agreed to in this agreement.
`
`
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`NO ADDITIONAL AGREEMENTS
`
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`27. Defendant understands that, except as set forth herein,
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`and in the parties’ tolling agreements,
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`there are no promises,
`
`13
`
`he
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`i)
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`QW
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`fing
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`on
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`OY
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`~J
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`oO
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`Ne)
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page 14 of 19
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`PagelD #: 22
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`understandings, or agreements between the USAO and defendant or
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`defendant’s attorney, and that no additional promise, understanding,
`
`or agreement may be entered into unless in writing signed by all
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`parties or on the record in court.
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`///
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`///
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`be
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`N G a o
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`1
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`[o>
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`~J
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`© K
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`e)
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`IB oO
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`hb ae
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`ny No
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Pagei5of19
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`PagelD#: 23
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`
`PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
`
`28.
`
`The parties agree that this agreement will be considered
`
`part of the record of defendant’s guilty plea hearing as if the
`
`entire agreement had been read into the record of the proceeding.
`
`
`
`AGREED AND ACCEPTED
`
` MERRICK B. GARLAND
`
`
`Attorney General of the United States
`
`
`
`TRACY LL. WILKISON
`United States Attorney
`
`MARK A. WILLIAMS
`DENNIS MITCHELL
`
`
`ERIK M. SILBER
`Special Attorneys Appointed Under
`28 U.S.C.
`§ 515
`
`
`
`12) ¢/2\
`
`Date
`
`
`
`
`
`NAME:
`
`
`TITLE:
`
`Authorized Representative of
`Defendant
`MONSANTO COMPANY
`
`Date
`
`
`
`
`
`Date
`
`
`ALICE S. FISHER
`Attorney for Defendant
`MONSANTO COMPANY
`
`
`Date
`
`
`WILLTAM M. HARSTAD
`
`Attorney for Defendant
`MONSANTO COMPANY
`
`bh
`
`No
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`Ww
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`wa
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`Oo
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`Oo
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`~l
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`© O
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`o
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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page1i6o0f19
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`PagelD#: 24
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`
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`
` 9
`
`
`PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
`1
`
`The parties agree that this agreement will be considered
`28.
`2
`3|part of the record of defendant's guilty plea hearing as if the
`4llentire agreement had been read into the record of the proceeding.
`
`
`5|AGREED AND ACCEPTED
`
`6||MERRICK B, GARLAND
`Attorney General of the United States
`
`TRACY L, WILKISON
`8 United States Attorney
`
`=~ —_——
`
`11|MARK A. WILLIAMS Date
`DENNIS MITCHELL
`
`Special Attorneys Appointed Under
`28 u.S.c.
`§ 515
`
`12|BRIK M. SILBER .
`
`
`
`
`10
`
`13
`
`14
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`16
`17
`
`Ht
`18 /t fat
`NAME:
`;
`Date
`~-
`.
`
`Vranas Senior Assrsmar Gener] Conse!
`Mary M. Shaffe
`ry
`-
`
`pO
`
`4
`
`}
`
`Oe?
`
`:
`
`|
`
`|
`
`muthorized Representative of
`19|pefendant
`MONSANTO COMPANY
`i
`
`20
`
`
`
`12/06/2021 |
`Date
`ALICE S. FISHER
`23|Attorney for Defendant
`MONSANTO COMPANY
`
`21
`22
`
`24
`
`25
`
`26
`
`,
`|.
`(rflfrort.
`
`1Oe ae
`WILLIAM M. HARSTAD
`Date
`27 Attorney for Defendant
`MONSANTO COMPANY
`
`proms ae
`
`LS
`
`
`
`

`

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`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page17of19
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`PagelD#: 25
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`20
`
`CERTIFICATION OF DEFENDANT
`
`I have been authorized by defendant MONSANTO COMPANY
`
`(“defendant”)
`
`to enter into this agreement on behalf of defendant.
`
`I have read this agreement
`
`in its entirety.
`
`TI have had enough time
`
`to review and consider this agreement, and I have carefully and
`
`thoroughly discussed every part of it with defendant’s attorney.
`
`I
`
`understand the terms of this agreement, and I voluntarily agree to
`
`those terms on behalf of defendant.
`
`I have discussed the evidence
`
`with defendant’s attorney, and defendant's attorney has advised me
`
`of defendant’s rights, of possible pretrial motions that might be
`
`filed, of possible defenses that might be asserted either prior to
`
`or at trial, of the sentencing factors set forth in 18 U.S.C.
`
`§ 3553(a), of relevant Sentencing Guidelines provisions, and of the
`
`consequences of entering into this agreement.
`No promises,
`inducements, or representations of any kind have been made to me or
`
`to defendant other than those contained in this agreement.
`
`No one
`
`has threatened or forced me or defendant
`
`in any way to enter into
`
`this agreement.
`
`I am satisfied with the representation of
`
`defendant's attorney in this matter, and I am pleading guilty on
`
`behalf of defendant because defendant is guilty of the charges and
`
`wishes to take advantage of the promises set forth in this
`
`agreement, and not for any other reason,
`
`(foJee.
`WM Mn SCH
`NAME? ¢ Mary M.Shaffer
`rite: Senior Ass'star Gene) Canse/
`
`;
`
`Authorized Representative of
`Defendant
`MONSANTO COMPANY
`
`16
`
`
`
`

`

`
`
`
`
`ase 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page 180f19
`
`PagelD #: 26
`
`
`
`
`
`CERTIFICATION OF DEFENDANT’ S ATTORNEY
`
`I am defendant MONSANTO COMPANY’s attorney.
`
`
`I have carefully
`
`
`and thoroughly discussed every part of this agreement with the
`
`authorized representative of my client. Further,
`
`
`
`I have fully
`
`advised my client and its authorized representative of its rights,
`
`
`of possible motions that might be filed, of possible defenses that
`
`
`
`
`
`
`
`might be asserted either prior to or at trial, of the sentencing
`
`factors set forth in 18 U.S.C. § 3553(a), of relevant Sentencing
`
`
`Guidelines provisions, and of the consequences of entering into this
`
`agreement.
`
`To my knowledge: no promises,
`
`inducements, or
`
`
`representations of any kind have been made to my client other than
`
`those contained in this agreement; no one has threatened or forced
`
`my client in any way to enter into this agreement; my client’s
`
`
`decision to enter into this agreement is an informed and voluntary
`
`
`one; and the factual basis set forth in this agreement is sufficient
`
`
`
`to support my client’s entry of guilty pleas pursuant to this
`
`
`
`
`
`18
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`i
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`agreement.
`
`
`
`
`ALICE S. FISHER
`
`Attorney for Defendant
`MONSANTO COMPANY
`
`12/06/2021
`
`Date
`
`17
`
`

`

`
`
`
`
`Case 1:21-cr-00140-JMS Document 4 Filed 12/09/21 Page 190f19
`
`PagelD #: 27
`
`CERTIFICATION OF DEFENDANT’ S ATTORNEY
`
`
`I am defendant MONSANTO COMPANY’s attorney.
`
`I have carefully
`
`and thoroughly discussed every part of this agreement with the
`authorized representative of my client. Further,
`I have fully
`advised my client and its authorized representative of its rights,
`of possible motions that might be filed, of possible defenses that
`
`might be asserted either prior to or at trial, of the sentencing
`
`factors set forth in 18 U.S.C. § 3553(a), of relevant Sentencing
`Guidelines provisions, and of the consequences of entering into this
`agreement.
`To my knowledge: no promises,
`inducements, or
`
`representations of any kind have been made to my client other than
`
`those contained in this agreement; no one has threatened or forced
`
`my client in any way to enter into this agreement; my client’s
`decision to enter into this agreement is an informed and voluntary
`one; and the factual basis set forth in this agreement is sufficient
`to support my client’s entry of guilty pleas pursuant to this
`
`agreement.
`
`WILLIAM M. HARSTAD. .
`Attorney for Defendant
`MONSANTO COMPANY
`
`wot
`
`ef bfrors
`
`Date
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`.
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`-
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`Ln
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`be
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