BHBM. (a) consents to the filing of a one-count Information in the United States District Court for the Southern District of New York charging BHBM and its subsidiary, Hapoalim (Switzerland) Ltd. with conspiring with others, including U.S. taxpayers, in violation of Title 18, United States Code, Section 371, to (i) defraud the United States and an agency thereof, to wit, the United States Internal Revenue Service; (ii) file false federal income tax returns in violation of Title 26, United States Code, Section 7206(1); and (iii) evade federal income taxes in violation of Title 26, United States Code, Section 7201; (b) waives indictment on such charges; (c) waives its rights to a speedy trial pursuant to the Sixth Amendment to the United States Constitution, Title 18, United States Code, Section 3161, and Federal Rule of Criminal Procedure 48(b); and (d) agrees to pay a total of $214,385,612 to the United States Treasury, which includes a monetary penalty of $100,811,584, forfeited funds of $35,696,929, and restitution in the amount of $77,877,099;
