Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in the information. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt:
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in Count Three of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt, and establish a basis for forfeiture of the property described elsewhere in this Plea Agreement:
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in the information. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt: Defendant owned and operated several businesses, including Certifibre, LLC, Xxxxxxxx International Global, LLC, which had an assumed name of Worldwide Paper Company, Inc., American Surplus Supply, Southernmost Exports, LLC, Southernmost Holdings, LTD; and Sea Consulting, LLC. Defendant operated these businesses from Cary, Illinois, and other locations, including Florida. Defendant represented and advertised that these companies were suppliers of wood pulp and other raw materials. Defendant admits that from at least April of 2009, through at least January of 2013, at Cary, in the Northern District of Illinois, Western Division, and elsewhere, he knowingly devised and engaged in a scheme to defraud certain manufacturers, raw materials brokers and suppliers, shipping and trucking companies, and freight forwarders, and to obtain money, funds, credit, and property belonging to these businesses by means of materially false and fraudulent pretenses, representations, and promises. As part of his scheme, defendant entered into contracts to sell wood pulp and other raw materials to certain manufacturers and raw materials brokers and suppliers. Usually, these businesses were located in foreign countries. The description, quantity, and quality of the materials defendant agreed to sell to the manufacturers and raw materials brokers and suppliers were reflected on Pro Forma Invoices that defendant created on the stationery of his businesses. Defendant also entered into agreements with shipping and trucking companies and freight forwarders for the transporting and overseas shipment of the materials he had agreed to sell to the manufacturers and raw materials brokers and suppliers. Defendant usually promised to pay the freight charges for the overseas shipments sent by his companies. Defendant admits that, instead of loading the shipping containers with the agreed upon wood pulp or other raw materials, he knowingly caused the shipping containers to be loaded with worthless scrap materials, or materials with a value substantially less than the wood pulp or other raw materials he had agreed to sell. On other occasions, instead of causing the shipping containers to be loaded with the agreed upon weight and volume of wood pulp or other raw materials, ...
Factual Basis. 21. The Defendant is pleading guilty because it is guilty of the charge contained in the Information. The Defendant admits, agrees, and stipulates only that the factual allegations with respect to its conduct as set forth in the Statement of Facts, attached hereto as Exhibit 3 and incorporated herein, are true and correct, that it is responsible for the acts of its officers and employees described in the Statement of Facts, and that the Statement of Facts accurately reflects the Defendant’s criminal conduct.
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3: From on or about November 6, 2015, and continuing until on or about November 12, 2015, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, XXXXXXX XXXXX attempted to obstruct, delay, and affect commerce, by extortion, in that he obtained United States currency from another person, with that person's consent induced under color of official right, and by the wrongful use of fear of economic harm, in violation of Title 18, United States Code, Section 1951. More specifically, XXXXX was employed by the City of Chicago Department of Buildings as a building inspector. On or about November 6, 2015, XXXXX, in his capacity as a building inspector, approached a two-story building in Chicago (“the building”) that was undergoing renovations, including the replacement of front façade the windows. XXXXX asked the workers at the building if they had a permit for the renovations. In response, one of the workers called Individual A, the part- owner of the company that owned the building, and handed the phone to XXXXX so that he could speak directly to Individual A, who informed XXXXX that they did not have a permit. In response, XXXXX stated that he could put a stop to the renovation work and that XXXXX and Individual A needed to talk. XXXXX and Individual A agreed to meet at the building the following Monday (November 9, 2015) and XXXXX told Individual A that, in the meantime, the renovation work on the building could continue. On or about the morning of November 9, 2015, XXXXX and Individual A spoke over the phone to confirm their plan to meet later that same day at the building to discuss the permit matter. During this conversation, XXXXX stated words to the effect of, “This being the City of Chicago, this can be worked out,” by which XXXXX meant to imply that he would be willing to overlook the lack of permit and allow the renovation to continue in exchange for a cash payment from Individual A. On or about the afternoon of November 9, 2015, XXXXX met with Individual A at the building in Chicago. Unbeknownst to XXXXX, Individual A had reported their prior communications to the FBI and was equipped with a recording device that recorded the meeting. During t...
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts One and Count Two of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt: On or about September 19, 2010, XXXX XXXXX XXXXXXX, attempted, without lawful authority, to use a weapon of mass destruction against people and property in a manner that would have affected interstate and foreign commerce in violation of Title 18, United States Code, Section 2332a(a)(2)(D), and attempted to damage and destroy, by means of an explosive, real property affecting interstate and foreign commerce in violation of Title 18, United States Code, Section 844(i). In early June 2010, XXXXXXX told a law enforcement cooperating source (hereinafter, the “CS”) that he wanted to commit acts of violence in Chicago for monetary gain and to cause political instability. The CS asked XXXXXXX about his ideas for a terrorist attack. XXXXXXX suggested bombing the commercial area surrounding Wrigley Field as one option. XXXXXXX explained that an attack against an entertainment center like the one near Wrigley Field could “paralyze” Chicago commerce. In response, the CS told XXXXXXX that he/she had “friends” who might be willing to pay XXXXXXX to perpetrate such an attack. Over the following weeks, the CS and XXXXXXX continued to discuss XXXXXXX’x ideas for perpetrating a terrorist act. XXXXXXX indicated that he wanted to meet with the CS’s contacts and was anxious to act against Chicago. The CS arranged a meeting between XXXXXXX and an individual the CS represented to be one of his/her purported contacts on July 8, 2010. Then unbeknownst to XXXXXXX, the contact was an undercover FBI task force officer (hereinafter “UC-1”). During their initial meeting, XXXXXXX told UC-1 that he had been contemplating how to perpetrate terrorist attacks in Chicago. XXXXXXX stated that he believed that a series of escalating violent acts could be used to undermine the city’s political establishment. When asked by UC-1 what XXXXXXX was personally willing to do, XXXXXXX indicated that he would be willing to facilitate a car bombing or the assassination of Chicago police officers. XXXXXXX assured UC-1 that he wanted to participate in some violent act. When asked if he was concerned about those who would be hurt by such violence, XXXXXXX stated that casualties were the inevitable result of what he termed “revolution.” XXXXXXX met with U...
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in Count Three of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3: On or about November 25, 2013, at Elgin, in the Northern District of Illinois, Eastern Division, XXXXX XXXXXXX, knowingly transported and caused to be transported child pornography, as defined in Title 18, United States Code, Section 2256(8)(A), namely, a computer file titled (1) “SSPX0060.3g2” and (2) “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528 withsound_2529.avi,” using a means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computer, in violation of Title 18, United States Code, Section 2252A(a)(1). Specifically, defendant used the Yahoo! email addresses “kimdavid5582” and “george_mason57” to receive, trade, and distribute child pornography while at his office and residence in Elgin, Illinois, among other locations. For example, on November 25, 2013, at approximately 10:43 a.m., defendant, using the Yahoo! email address “kimdavid5582,” sent an email while in his Elgin office with the following message: “do you trade. This is what I lik.” The defendant attached two files that defendant knew contained child pornography. The first attachment was a video clip titled “SSPX0060.3g2,” which depicted a naked female, approximately 6 to 7 years old, lying on her back and holding her legs behind her head while an adult male rubbed his penis against her labia and anus. The second attachment was a video clip titled “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528withsound_2529.avi,” which depicted a naked female, approximately 2 to 3 years old, being vaginally penetrated by an adult male penis. In addition, defendant possessed images and videos depicting child pornography on computers and electronic storage devices in his residence, car and offices, including on his (1) Seagate, 320 GB hard drive, model Momentus 5400.6, bearing serial number 6VDHZZSG, stamped “Product of China”; (2) Dell Dimension 9200 computer, which contained a Seagate, 160 GB hard drive, model Barracuda 7200.9, bearing serial number 5LS8KGSX, stamped “Made in China”; (3) HP Compaq Pro 6305 computer, which contained a Seagate, 500 GB hard drive, model Barracuda, bearing serial number Z3TJJZMG, stamped “Prod...
Factual Basis. Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit that the facts set forth below are true, and were this case to go to trial, the United States would be able to prove those specific facts and others beyond a reasonable doubt: FACTS
Factual Basis. The defendant agrees that, were this matter to go to trial, the United States would be able to prove beyond a reasonable doubt that officers and/or agents of Xxxxx did the following acts. Xxxxx admits, accepts and acknowledges that it is responsible for the acts of its officers, employees and agents, as set forth in the Factual Basis. Should the United States Attorney’s Office initiate the prosecution that is deferred by this Agreement, Xxxxx agrees that it will neither contest the admissibility of, nor contradict, in any such proceeding, such facts. Beginning in at least 2006 and through May 2011, Xxxxxx Xxxxxxx Xxxxxxxx, an agent of Xxxxx, aiding and abetting and being aided and abetted by Individual A, an officer of Xxxxx, and others, did knowingly, willfully, and unlawfully, by the use of means and instrumentalities of interstate commerce, directly and indirectly use and employ manipulative and deceptive devices in connection with the sale of securities, and make untrue statements of material facts and omit to state material facts necessary in order to make the statements not misleading in connection with the sale of said securities, in violation of Title 15, United States Code, Sections 78ff and 78j(b). Beginning in at least 2006 through May 2011, Xxxxxxxx held various positions including contract Chief Financial Officer (CFO) and consultant for Xxxxx Energy Systems, Inc. (hereinafter referred to as "Xxxxx"). Desender, acting in concert with Individual A (an officer of Xxxxx), was primarily charged with raising funds for Xxxxx and its business projects. In his official capacity for Xxxxx, Desender, Individual A, and others communicated with prospective investors and shareholders by telephone, mail, email, and in person, for the purpose of fraudulently inducing those investors or shareholders to provide funds to Xxxxx. Both Individual A and Desender knowingly and willfully caused investors who were not accredited investors to be solicited to invest in Xxxxx in violation of federal securities laws. In exchange for investment funds, Desender, Individual A, and others sold Xxxxx securities to investors. To entice the investors, Desender, Individual A, and others made, and caused to be made, numerous material false statements, false representations, and omissions about Xxxxx’x business and the prospects of conducting an initial public offering of Xxxxx’x shares. Based on the misrepresentations made by Desender, Individual A, and others, investors provided ...
Factual Basis. 6. Defendant will plead guilty because she is in fact guilty of the charge contained in the indictment. In pleading guilty, defendant admits the following facts and that those facts establish her guilt beyond a reasonable doubt: Beginning in at least January 2003 and continuing through on or about June 30, 2011, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant Xxxxxx, did conspire with Individuals A and B, Xxxx Xxxxx, Xxxxxx X’Xxxxxx and others to corruptly give, offer, and agree to give things of value, namely cash payments and other personal financial benefits for the benefit of Bills and X’Xxxxxx, with intent to influence and reward Xxxxx, an agent of the City of Chicago, a local government that received in excess of $10,000 in federal funding during each of the twelve-month calendar years from 2003 through 2011, in connection with any business, transaction, and series of transactions of $5,000 or more of the City of Chicago, namely contracts for the Digital Automated Red Light Enforcement Program. Specifically, in early 2003, Xxxxx Xxxxxx was the Vice President of Operations at Redflex Traffic Systems, Inc., at a time when Redflex was competing with another company for a red light camera contract with the City of Chicago. In the course of the competition, Xxxxxx learned that Xxxx Xxxxx, who was the City official in charge of Chicago’s red light camera program, was assisting and championing Redflex by providing pointers and inside information to Redflex. In approximately late May 2003, Xxxxxxx was awarded Chicago’s contract. In return for Xxxxx’ assistance to Redflex, and in an effort to ensure that Bills would continue to provide such assistance, Xxxxxx agreed with Individual B that Redflex would hire Xxxxxx X’Xxxxxx as an independent contractor. Xxxxxx understood that X’Xxxxxx was a friend of Bills and that it was important to Bills that Redflex hire X’Xxxxxx. Xxxxxx interviewed X’Xxxxxx before Xxxxxxx offered him a position, but at the time she interviewed him, Xxxxxx understood that Xxxxxxx would in fact hire X’Xxxxxx in exchange for Xxxxx’ help in getting Redflex the Chicago contract and in order to ensure Xxxxx’ assistance to Redflex in the future. In the fall of 2003, Xxxxxx and Individual B finalized X’Xxxxxx’x contract with Redflex, which included provisions for lucrative increases in X’Xxxxxx’x compensation as new red light cameras were added. The addition of such provisions were out of the ordinary, as the cust...
