throbber
Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 1 of 9
`Case lZl3-CV-O3905- |,\GS—FM Document 35-2 Filed 08/30/13 Page 1 of9
`
`AV:JSS:jss
`F. #l998ROl996
`SATERCOO.AGR
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRlCT OF NEW YORK
`
`_ M M _ _ M M _ _ M W W W W W _x
`
`UNTTED STATES OF AMERICA
`
`gggfifififilggfl AGREEMENT
`
`~ against W
`
`98 CR 1101 (ILG)
`
`FELIX SATER,
`
`Defendant.
`
`W W 1
`
`M
`
`_
`
`M _ m _ _ W M _ lx
`
`Pursuant
`
`t
`
`0 Rule 11 of the Federal Rules of Criminal
`
`Procedure,
`
`the Unite
`
`d States Attorney's Office for the Eastern
`
`District of New York
`
`(the "Office") and FELIX SATHR (the
`
`"defendant") agree t
`
`O the following:
`
`1.
`
`The d
`
`efflmdant will waive indictment and plead
`
`guilty to an informa
`
`Lion to be filed in this district charging
`
`violation of 18 U.S.
`
`C.
`
`§ 1962(c).
`
`The Count carries the
`
`following statutory
`
`penalties:
`
`E1 .
`
`Maximum term of imprisonment: 20 years
`(18 U.S.C. § 1963(a)).
`
`Minimum term of imprisonment:
`(18 U.S.C. § l963(a)).
`
`0 years
`
`Maximum supervised release term:
`follow any term of imprisonment;
`Condition of release is violated,
`
`3 years,
`if a
`the
`
`to
`
`defendant may be sentenced to up to 2 years
`without credit for pre~release imprisonment
`or time previously served on post—release
`supervision
`(18 U.S.C. §§ 3583 (b),
`
`(8)).
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 2 of 9
`Case 1:13—cv—O3905—LGS—FM Document 35-2 Filed 08/30/13 Page 2 of 9
`
`2
`
`”’
`
`d.
`
`2 times the gross gain or
`Maximum fine:
`gross 1033, or $250,000, whichever is
`greater
`(18 U.S.C.
`
`§ 357l(b) and (d)).
`
`e.
`
`Restitution: $60 million approx.
`
`(18 U.S.C.
`
`§ 3663).
`
`$100 special assessment
`18 U.S.C.
`§ 3013).
`
`er penalties: N/A.
`
`
`
`States Sen encin
`
`The Office will advise the Court
`
`ant’s sentence is governed by the United
`
`and the Probatio
`
`epartment of information relevant
`
`to
`
`sentencing,
`
`incl
`
`ing all criminal activity engaged in by the
`
`deiendant, and s
`
`information will be used to calculate the
`
`Sentencing Guide
`
`nes range. Based on iniormation known to it
`
`now,
`
`the Office
`
`ll not oppose a downward adjustment of three
`
`levels for aece
`
`nee of responsibility under U.S.S.G.
`
`§ 3El.l.
`
`3.
`
`defendant will provide truthful, complete and
`
`accurate inform on and will cooperate fully with the Office.
`
`This cooperatior
`
`ill include, but is not
`
`limited to,
`
`the
`
`following:
`
`The defendant agrees to be fully debriefed
`and to attend all meetings at which his
`presence is requested, concerning his
`participation in and knowledge of all
`criminal activities.
`
`The defiendant agrees to furnish to the Ofiice
`all documents and other material
`that may be
`relevant to the investigation and that are in
`the defendant's possession or control and to
`participate in undercover activities pursuant
`
`

`
`
`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 3 of 9
`Case 1213-
`O3905—LGS—FM Document 35-2 Filed 08/30/13 Page3of9
`
`to the specific instructions of law
`enforcement agents or this Office-
`
`
`
`to reveal his
`The defendant agrees not
`cooperation, or any information derived
`rrom,
`to any third party without prior
`nt of the Office.
`
`defendant agrees to testify at any
`ceeding in the Eastern District of New
`k or elsewhere as requested by the Office.
`
`he defendant consents to adjournments of his
`*entence as requested by the Office.
`
`f.
`
`A
`
`The defendant agrees to provide the Office
`with a financial statement making truthful
`and complete disclosure under oath concerning
`his financial worth,
`including all of his
`assets and income in his own name and in the
`
`name of other persons and entities. The
`defendant further agrees that, upon request
`of the Office, he will provide truthful and
`complete information and assistance with
`respec:
`to the identification and recovery of
`assets,
`inclding but not limited to real
`property located at 27 Real Nautic Court,
`Hampton Bays, New York, held in the name of
`Avanpark Corp. N.V. All of the defendant's
`assets may be applied to pay any fine and
`restitution to victims of :he defendant's
`
`criminal activities, as ordered by the Court.
`
`4.
`
`The Office agrees that:
`
`a.
`
`Except as provided in paragraphs 1, 8, and 9,
`no criminal charges will be brought against
`the defendant for his heretofore disclosed
`
`participation in criminal activity involving
`fraudulent securities transactions, and the
`unlawful
`laundering and structuring of
`proceeds therefrom,
`from approximately
`February l993 through October 5, 1998; false
`tax reporting and filings for the years 1993
`through l997 as a result of the
`threats of
`aforementioned criminal activity;
`violence in connection with securities
`
`transactions from approximately October 1993
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 4 of 9
`Case 1:13—cv—O3905—LGS—FM , Document 35-2 Filed 08/30/13 Page 4 of 9
`
`through September 1996; and unlawful
`possession of firearms from approximately
`March 1996 through January 1998.
`
`b.
`
`No statements made by the defendant during
`the course of this cooperation will be used
`against him except as provided in paragraphs
`2, 8, and 9.
`7
`
`'5.
`
`The defendant agrees that the Office may meet with
`
`and debrief him without
`
`the presence of counsel, unless the
`
`defendant specifically requests counsel‘s presence at such
`
`debrietings and meetings.
`
`Upon request of the defendant,
`
`the
`
`Office will endeavor to provide advance notice to counsel of the
`
`place and time of meetings and debricfings,
`
`it being understood
`
`that the Office's ability to provide such notice will vary
`
`according to time constraints and other circumstances.
`
`The
`
`Office may accommodate requests to alter the time and place of
`
`such debriefings.
`
`It is understood, however,
`
`that any
`
`cancellations or reschedulings of debriefings or meetings
`
`requested by the defendant that hinder the Office's ability to
`
`prepare adequately for trials, hearings or other proceedings may
`
`adversely affect the defendant's ability to provide substantial
`
`assistance. Matters Occurring at any meeting or debriefing may
`
`be Considered by the Office in determining whether the defendant
`
`has provided substantial assistance or otherwise complied with
`
`this agreement and may be considered by the Court
`
`in imposing
`
`sentence regardless of whether counsel was present at the meeting
`
`or debriefing.
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 5 of 9
`Case 1:13—cv—O3905;LGS—FM Document 35-2 Filed 08/30/13 Page 5 of 9
`v
`
`6.
`
`If the Office determines that
`
`the defendant has
`
`cooperated fully, provided substantial assistance to law
`
`enforcement authorities and otherwise complied with the terms of
`
`this agreement,
`
`the Office will file a motion pursuant to
`
`U.S.S.G.
`
`§ 5K1.l with the sentencing Court setting forth the
`
`nature and extent of his cooperation.
`
`Such a motion will permit
`
`the Court,
`
`in its discretion,
`
`to impose a sentence below the
`
`applicable Sentencing Guidelines range.
`
`In this connection,
`
`it
`
`is understood that a good faith determination by the Office as to
`
`whether the defendant has cooperated fully and provided
`
`substantiai assistance and has otherwise complied with the terms
`
`of this agreement, and the Office's good faith assessment of the
`
`value,
`
`truthfulness, completeness and accuracy of
`
`the
`
`cooperation, shall be binding upon him.
`
`The defendant agrees
`
`that,
`
`in making this determination,
`
`the Office may consider facts
`
`known to it at this time.
`
`The Office will not
`
`recommend to the
`
`Court a specific sentence to be imposed. Further,
`
`the Office
`
`cannot and does not make a promise or representation as to what
`
`sentence will be imposed by the Court.
`
`7.
`
`The defendant agrees that with respect to all
`
`charges reterred to in paragraphs 1 and 4(a) he is not a
`
`"prevailing party" within the meaning of the "Hyde Amendment,"
`
`Section 617, P.L. 105-119 (Nov. 26, 1997), and will not file any
`
`claim under that law.
`
`The defendant waives any right
`
`to
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 6 of 9
`Case 1:13—cv—O3905—LGS—FM Document 35-2 Filed 08/30/13 Page 6 of 9
`
`6
`
`additional disclosure from the government
`
`in connection with the
`
`guiltyflplea.
`
`B.
`
`The defendant must at all times give complete,
`
`truthful, and accurate information and testimony, and must not
`
`commit, or attempt
`
`to commit, any further crimes.
`
`Should it be
`
`judged by the Office that the defendant has failed to cooperate
`
`fully, has intentionally given false, misleading or incomplete
`
`information or testimony, has committed or attempted to commit
`
`any further crimes, or has otherwise violated any provision of
`
`this agreement,
`
`the defendant will not be released from his plea
`
`of guilty but this Office will be released from its obligations
`
`under this agreement,
`
`including (a) not
`
`to oppose a downward
`
`adjustment of three levels for acceptance of responsibility
`
`described in paragraph 2 above, and (b)
`
`to file the motion
`
`described in paragraph 6 above.
`
`The defendant will also be
`
`subject
`
`to prosecution for any federal criminal violation of
`
`which the Office has knowledge,
`
`including, but not
`
`limited to,
`
`the criminal activity described in paragraph 4 above, P%rjury and
`
`obstruction of justice.
`
`9.
`
`Any prosecution resulting from the defendantfs
`
`failure to comply with the terms of this agreement may be
`
`premised upon:
`
`(a) any statements made by the defendant
`
`to the
`
`Office or to other law enforcement agents on or after October 8,
`
`1998;
`
`(b) any testimony given by him before any grand jury or
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 7 of 9
`Case 1:13—cv—O3905—LGS—FM Document 35-2 Filed 08/30/13 Page 7 of 9
`
`other tribunal, whether before or after the date this agreement
`
`is signed by the defendant; and (C) any leads derived from such
`
`statements or testimony.
`
`Prosecutions that are not
`
`time-barred
`
`by the applicable statutes of limitation on the date this
`
`agreement is signed may be commenced against
`
`the defendant in
`
`accordance with this paragraph, notwithstanding the expiration of
`
`the statutes of limitation between the signing of this agreement
`
`and the commencement of any such prosecutions.
`
`Furthermore,
`
`the
`
`defendant waives all claims under the United States Constitution,
`
`Rule ll(e)(6) of the Federal Rules of Criminal Procedure, Rule
`
`410 of the Federal Rules of Evidence, or any other federal
`
`statute or rule,
`
`that statements made by him on or after October
`
`8, 1998, or any leads derived therefrom, should be suppressed.
`
`10,
`
`If the defendant requests, and in the Office's
`
`judgment
`
`the request is reasonable,
`
`the Office will make
`
`application and recommend that
`
`the defendant and,
`
`if appropriate,
`
`other individuals be placed in the Witness Security-Program, it
`
`being understood that the Office has authority only to recommend
`
`and that the final decision to place an applicant
`
`in the Witness
`
`Security Program rests with the Department of Justice, which will
`
`make its decision in accordance with applicable Departmental
`
`regulations.
`
`11. This agreement does not bind any federal, state,
`
`or local prosecuting authority other than the Office, and does
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 8 of 9
`Case 1:13—cv—O3905—LGS—FM . Document 35-2 Filed 08/30/13 Page 8 of 9
`
`not prohibit the Oifice from initiating or prosecuting any civil
`
`or administrative proceedings directly or indirectly involving
`
`the defendant.
`
`12.
`
`No promises, agreements or Conditions_haVe been
`
`entered into other than those set forth in this agreement, and
`
`none will be entered into unless memorialized in writing and
`
`signed by all parties. This agreement supersedes any prior
`
`promieee, agreements or conditions between the parties.
`
`To
`
`

`
`Case 1:13-cv-03905-LGS-FM Document 35-2 Filed 08/30/13 Page 9 of 9
`Case 1:13—cv—O3905—LGS—FM Document 35-2 Filed 08/30/13 Page 9 of 9
`~43‘
`
`become effective,
`
`this agreement must be signed by all
`
`signatories listed below.
`
`Dated: Brooklyn, New York
`Decemberifl, 1998
`
`ZACHARY W. CARTER
`
`United States Attorney
`Eastern District of New York
`
`Agreed and consented to;
`
`By:
`
`_/
`
`
`
`X,
`f__A__w_V
`___’_J'
`ack
`Jo/a ham 3.
`A sistant United States Attorney
`
`4_____
`
`fl-V
`-U
`- \''f -4.’
`'/6* rd’
`t‘<'/L/1_tw.-...t
`Defendant
`
`App Qved by:
`
`Approved by:
`/"'4'
`
`‘I
`
`/
`5/":
`
`,
`
`,
`
`.
`
`'
`
`rmMr_rrr_rrr..._,t
`
`.drew weissmann ‘
`Supervising Assistant U.S. Attorney

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