Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows:
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which he is pleading guilty are as follows: Beginning about April 2006 and continuing through about May 21, 2007, at Xxx’x Summit and Raymore, in the Western District of Missouri, and elsewhere, defendant Xxxxxxx conspired with co-defendants Xxxxxx Xxxxx, Xxxxxx Xxxxxx, and Xxxxxxx Xxxxxx, and others including Xxxxx Xxxxxxx, to obtain money from mortgage lenders and title companies, and to retain the money obtained, by means of material false and fraudulent pretenses, representations and promises, and by the concealment of material facts, and in the execution of the scheme to commit the offenses of interstate transportation of funds obtained by fraud, in violation of 18 U.S.C. §§ 2314 and 2, and wire fraud, in violation of 18 U.S.C.§§ 1343 and 2. As part of the scheme, coconspirators:
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which he is pleading guilty are as follows: During all times relevant, Xxxxxxx X. Xxxxx owned and operated Wolf's Run, a business located in Irving, New York. Wolf's Run was a business that operated a gas station, convenience store and trucking transport business. Neither Xxxxxxx X. Xxxxx nor Xxxx'x Run was a licensed tobacco wholesaler in New York authorized to bring untaxed cigarettes into New York State. New York State imposes excise taxes on all cigarettes sold in the state, unless expressly exempted by law or by private agreement between New York State and an Indian nation or tribe (either approved by the legislature or part of a stipulation and order approved by a federal court). Under New York State law, cigarettes can only be transported into the state by a limited number of state-licensed stamping agents (i.e. wholesalers). The New York Department of Taxation and Finance pre-collects the cigarette excise tax from these state-licensed stamping agents on cigarettes that are sold to retailers, but prior to their delivery to the retailers. This taxing scheme was upheld as specifically applicable against Indian nations on May 9, 2011, by the United States Court of Appeals for the Second Circuit in Oneida Nation of New York x. Xxxxx, 645 F.3d 154 (2d Cir. 2011). Federal and New York State law require that tax stamps be affixed to cigarette packages—prior to their delivery to retailers—reflecting that the required state taxes have been paid. During the relevant time period, New York State imposed a cigarette excise tax of $4.35 per pack or $43.50 per carton. In New York State, only licensed wholesalers may purchase unstamped cigarettes. This is done either directly through the cigarette manufacturer or through other wholesalers. Under New York State law, it is the obligation of state-licensed stamping agents to prepay the excise tax and affix stamps on all cigarette packs. Under New York state and federal law, tobacco wholesalers must report the sales of cigarettes to the state. Codefendant Xxxxxxxxxx Xxxxxxxx would make regular purchases in Kansas City, Missouri, of contraband cigarettes from undercover agents (UCAs) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in exchange for U.S. Currency. Xxxxxxxx, X. Xxxxxxx Xxxxx, Xxxxx Xxxxxx and Xxxxxx X. Xxxxxx would coordinate the cigarette orders and wire transfers from the vendors in New York State – including Xxxxxxx X. Xxxxx, X...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows: In June of 2010, the Xxxxxxxx County Drug Strike Force (BCDSF) began an investigation into the methamphetamine distribution activities of Xxxxx X. Xxxxxx, Xx. Xxxxxx was starting to be identified in various interviews as a regular and prolific methamphetamine source for the St. Xxxxxx area. Before BCDSF could start a proactive investigation, Xxxxxx wrecked a motorcycle (later found to have been taken that day for payment on a drug debt), which caught on fire on impact, and he was hospitalized for a period of time. Evidence obtained through a number of arrests, searches, controlled buys, recorded calls, interviews, and other investigative work, resulted in this nine defendant historical methamphetamine and heroin distribution conspiracy, money laundering conspiracy and firearm possession indictment.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with Xxxxxxx Xxxx, Xxxxx Xxxxxxx, Xxxxx Xxxx and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(A). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of Hampton. In October 2009, U.S. Immigration and Customs Enforcement (ICE) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) joined the investigation. Xxxxxxx sold ounce quantities of cocaine base to a confidential informant on October 27, November 11, and December 3 of 2009. Through the interception of court-authorized wire and electronic communications of target telephones used by Xxxxxxx and Xxxxxxx, investigators learned that Xxxxxxx and Xxxxx Xxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This cocaine was then distributed to Xxxxxxx’x associates in Kansas City and Xxxx’x associates in St. Louis. Investigators learned that almost immediately after acquiring cocaine from Xxxxxxx, usually in the amount of one or two kilograms, Xxxxxxx and his associates would begin calling and receiving calls from hundreds of potential customers for cocaine base. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, this organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following two paragraphs are representative of the hundreds of drug-related intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On March 4, 2010, at approximately 9:53 p.m. an outgoing telephone call regarding a transaction for cocaine was intercepted between Xxxxxxx and Xxxxxxx Xxxxxxx. During this conversation, Xxxxxxx made a reference to what is believed to have been a previous electronic text message and he asked Xxxxxxx, “Five more dollars?” Xxxxxxx responded, “Yeah, it’s gonna be five bucks more.” Xxxxxxx said, “Oh well, that’s cool, but uh...I wants three of them.” Xxxxxxx replied, “Aughh, you’re pretty much gonna take everything I got, ‘cause I’m only gonna be able to get a handful, ‘cause I was still trying to go east,” and “Let me see exactly what I get tom...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows: CASE NUMBER 20-CR-04071-01 June 5, 2017 Automobile Incident On June 5, 2017, at approximately 2:58 p.m. (CST), Boone County Sheriff deputies were dispatched to the intersection of Oakland Church Road and North Brown Station Road, Boone County, Missouri in relation to a reported automobile incident. An anonymous caller called 911 and reported that there had been a vehicle crash where two occupants of one of the vehicles were unconscious and the occupant of the other vehicle ran from the scene. The caller was not cooperative and hung up. When deputies arrived at the scene, they observed a black Nissan Altima with a female in the driver’s seat (“Driver 1”) who was lethargic and disoriented and a male standing outside of the Altima. The male was identified as the defendant. The deputies also observed a maroon late model Ford Taurus behind the Altima with no one in that vehicle. The defendant advised the deputies that he hit his head on the dashboard but was okay. The defendant told the deputies that he and Driver 1 were “playing with each other” and stopped at the intersection when they were struck from behind. The defendant told deputies a black male approached the driver’s side door and said, “hold on 1 second, I’ll be right back”. The defendant told deputies that the male then took off. The defendant said he did not recognize the guy and probably could not identify him in a line-up. The defendant and Driver 1 were transported to University Hospital via ambulance. Deputies looked at the maroon Ford Taurus. The deputies ran the license plate and found it was registered to a female owner (“Owner 1”). Deputies noted the bumper to the vehicle was missing, but not at the crash site. They also noted that the license plate was being held to the vehicle by a wire that was attached to the grill. Deputies also observed the Nissan Altima and noted minor damage to the bumper and the air bags did not deploy. According to Boone County Sheriff Department reports, Owner 1 reported the vehicle stolen shortly after the June 5, 2017 automobile incident. The parties agree if called to testify, a Special Agent with the Federal Bureau of Investigation (“FBI SA”) would testify as outlined, infra. The FBI SA began her investigation into a series of automobile incidents resulting in insurance claims being submitted by the indicted defendants. The primary focus of the ...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows: In early 2008, the DEA and KCMOPD began an investigation into a loosely affiliated crack distribution ring operating in Kansas City, Missouri. That investigation eventually lead to a number of arrests and indictments and resulted in several cooperators. In the Spring and Summer of 2009, one of those cooperators began buying crack and powder cocaine from their Hispanic sources within the Western District of Missouri. Eventually, the cooperator worked up to buying direct from defendant XXXX XXXXXX, a/k/a CASPER. Over the course of several months sufficient probable cause was obtained to initiate Title III wire interceptions on XXXXXX’x phone in November 2009, and May and June of 2010. This indictment is a result of that investigation. XXXXXX was determined to be the main supplier for most of the indictees herein and XXXXXX had one main source, co-defendant XXXXX XXXXXXXXX XXXXXXX, and a few smaller, as needed, suppliers. While XXXXXX was mainly an ounce cocaine (crack and powder) supplier and pound marijuana supplier, he would try to accommodate whatever anyone wanted, with varying results.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: That between on or about January 1, 2002, and May 31, 2007, in the Western District of Missouri and elsewhere, XXXXXX X. XXXXXX, defendant herein, did knowingly and intentionally combine, conspire, confederate, and agree with others, both known and unknown, to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in an amount of 50 grams or more, contrary to the provisions of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B); all in violation of Title 21, United States Code, Section 846. Defendant was a member of the El Forastero Motorcycle Club chartered in Kansas City, Missouri. The El Forastero have an affiliate organization known as the Galloping Goose Motorcycle Club and in fact, the clubs share a common clubhouse in Kansas City, Missouri. As a member of the El Forastero, he was required to annually pay dues and attend a certain number of motorcycle trips, known as “runs” per year. On each run, the members were required to pay run money that was pooled, or collected by each club charter, forwarded to the specific El Forastero or Galloping Goose charter that hosted the particular motorcycle run, and was used to purchase methamphetamine, cocaine, and marijuana. Those drugs were maintained in run bags and were distributed, or made available, to all the club members that attended the run. The defendant knew what the money was going be used for and knowingly contributed run money and in so doing, the defendant admits that he distributed methamphetamine, cocaine, and marijuana and assisted others in the distribution of those drugs. As an active member of the El Forastero Motorcycle Club, defendant participated in the distribution of between 500 - 1500 grams of methamphetamine, figuring at least 20 runs over 5 years, each involving the distribution of 1 ounce (28 grams) of methamphetamine or more per run.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which defendant is pleading guilty are as follows: From in or about 2014 through January 2017, the defendant knowingly and intentionally participated in the racketeering conspiracy charged in Count One of the Superseding Indictment. In joining the conspiracy, the defendant understood that a racketeering enterprise existed, as described in paragraphs 1 through 8 of the Superseding Indictment, and that the activities of the enterprise affected interstate commerce. The defendant also understood that two or more people had reached a conspiratorial agreement to conduct or participate in the conduct of the affairs of the enterprise, directly or indirectly, through a pattern of racketeering activity, as described in paragraph 8 of the Superseding Indictment. The defendant associated himself with the enterprise and joined the conspiracy by knowingly and intentionally agreeing with another member of the conspiracy that the defendant and/or another conspirator would commit at least two acts of racketeering of the type or types alleged in paragraph 8 of the Superseding Indictment. To this end, the defendant agreed to commit and did commit the following types of racketeering activity: First, from 2014 through January 2017, the defendant participated in a conspiracy to violate the federal narcotics laws. In furtherance of this illegal narcotics conspiracy, the defendant distributed to customers in St. Xxxxxx, Missouri quantities of heroin, cocaine and methamphetamine. The defendant acquired most of the illegal narcotics he distributed from sources in Kansas City, Kansas. It was foreseeable to the defendant that members of the conspiracy distributed more than 5 kilograms of heroin, more than 5 kilograms of cocaine, and more than 5 kilograms of methamphetamine. Second, on or about September 27, 2014, in St. Xxxxxx, Missouri, the defendant attempted to kill or cause serious physical injury to the person identified in the Superseding Indictment as Rival #2, in violation of Section 565.050 of the Missouri Revised Statutes. The defendant did so by firing gunshots at Rival #2 in response to an accusation that the defendant had provided fake cocaine to Rival #2. The defendant agrees that the Government can prove that one of the gunshots hit Rival #2 in the foot, causing Rival #2 to be hospitalized.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which he is pleading guilty are as follows: The defendant, Xxxxxxx Xxxxxx (hereinafter “Xxxxxx”), was employed as a mortgage broker at various entities during the time frame encompassed in the Information. Xxxxxx was married to Xxxxxxx Xxxxxx, whose parents were Xxxxx and Xxxx Xxxxxxxx. While Xxxxxx was working at Empire Lending, an individual who was interested in purchasing duplexes as investment properties backed out of the deal. Xxxxxx, believing that the duplexes would be a good investment, decided that he would prepare the loan paperwork to purchase the properties for himself. Xxxxxx, knowing that the loans would not be approved with his current financial situation, created phony W-2s, pay stubs, rental lease agreements, and bank statements to support the inflated income and asset numbers on the phony loan applications. Utilizing this scheme, Xxxxxx purchased a number of rental properties. Xxxxxx formed a company called KAE Management (KAE), which was created to manage the rental properties for Xxxxxx and other individuals whom he assisted in obtaining rental properties utilizing the above-mentioned scheme. In particular, Xxxxxx created false and fraudulent loan applications for several of his extended family members, including Xxxx and Xxxxx Xxxxxxxx (his mother and father-in-law). In order to qualify the Xxxxxxxx, Xxxxxx would falsely inflate their salary and employer on the loan applications. In several of the loan applications, Xxxxxx would false indicate that the borrower worked for KAE Management making a substantial salary. Additionally, at the time of closing, the HUD-1 forms would oftentimes include a substantial payment of the loan proceeds from the lender to KAE Construction, which was intended to be used as money to make the mortgage payments on the properties until renters could be secured. The majority of the properties involved are located in the Western District of Missouri, and in order to complete the loan application process, the defendant and others involved, obtained appraisals of the various locations. As a result of this conspiracy and scheme, the defendant and several other uncharged individuals caused a number of mortgage lenders to provide financing for 45 loans involving 36 different properties, resulting in $2,695,883.16 in loss. As it relates to one of those transactions, on or about August 26, 2004, defendant Xxxxxx caused to be wire-transferred from Accredited...
