Factual Basis Sample Clauses
Factual Basis. 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. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts One and Two of the superseding 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, and establish a basis for forfeiture of the property described elsewhere in this Plea Agreement:
Factual Basis. Defendant will plead guilty because she is in fact guilty of the charge contained in Count Two of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish her guilt beyond a reasonable doubt, and constitute relevant conduct pursuant to Guideline § 1B1.3: XXXX-XXXXXXX was employed as a consultant with the Chicago Public Schools from approximately May 1, 2012 until October 12, 2012, when she became the Chief Executive Officer and General Superintendent of CPS. She was an agent of CPS during the entirety of her employment with CPS. She owed a duty of honest services to CPS and the Board of Education of the City of Chicago in the performance of her public duties. XXXX-XXXXXXX understood that she could not have an economic interest in any vendor contracts with the CBOE once she became a consultant for CPS. She also understood that she could not receive any private or financial benefits for herself or her family in connection with any vendor contracts with CPS. Xxxx Xxxxxxx and Xxxxxx Xxxxxx owned and operated The SUPES Academy, LLC, and Synesi Associates, LLC (collectively, the “SUPES Entities”), which offered education-related services to the public education industry. From approximately the summer of 2011 until approximately April 30, 2012, XXXX- XXXXXXX was a paid consultant for the SUPES Entities. In or about December 2011, Xxxxxxx, Vranas, and The SUPES Academy, LLC entered into a contract with Organization A to provide a leadership development program for CPS network chiefs, which program became known as the Chicago Executive Leadership Academy, or CELA. From approximately December 2011 until approximately July 2012, CELA was funded by a grant of approximately $380,000 from Organization A and approximately $25,000 from CPS. XXXX- XXXXXXX served as Master Teacher and coach for CELA. Beginning no later than in or about April 2012, and continuing until at least April 2015, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, XXXX-XXXXXXX, together with Xxxxxxx, Vranas, and the SUPES Entities, knowingly devised, intended to devise, and participated in a scheme to defraud and to obtain money and property from CPS by means of materially false and fraudulent pretenses, representations, and promises, and by concealment of material facts, and to defraud and deprive CPS and the Chicago Board of Education of their right to the honest services of XXXX-XXXXXXX through bribery and kickbacks. S...
Factual Basis. 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 and constitute relevant conduct pursuant to Guideline § 1B1.3: Beginning no later than 2000 and continuing through at least December 19, 2011, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant XXXXX XXXXXXX did willfully and knowingly conspire with Individual A, and with others known and unknown, to defraud the United States by impeding, impairing, and obstructing the Internal Revenue Service in the correct determination and collection of revenue and income taxes, and by avoiding the payment of taxes due and owing by Company A, Company B, Shareholder A and Shareholder B, in violation of Title 18, United States Code, Section 371. Throughout the period of the charged conspiracy, defendant was employed as the office manager and bookkeeper for Company A and Company B. Company A and Company B were temporary staffing companies operating in the Chicago area that shared office space and administrative personnel. Companies A and B were headquartered in Chicago until 2009, when the headquarters for both companies moved to Northbrook, Illinois. Company A was an S corporation, and as such, was required to annually file a U.S. Income Tax Return for an S Corporation (Form 1120S) that reported the ordinary income or loss and amount of tax owed. As an S corporation, the ordinary income and losses of the business flowed through and were reported on its shareholders’ federal income tax returns (Form 1040). Shareholder A was president of Company A and owned 60 percent of the shares of Company A. Shareholder B was the secretary of Company A and owned 40 percent of the shares of Company A. Company B was required to annually file a U.S. Corporation Income Tax Return (Form 1120) and pay taxes based upon the amount of income reported. For the duration of the charged conspiracy, defendant prepared and filed with the IRS the Employer’s Quarterly Federal Tax Return (Form 941) for Company A and Company B, and prepared and issued Forms W-2 (Wage and Tax Statement) for employees of both companies. Defendant conspired with Individual A, an independent contractor employed by Company A and acting at defendant’s direction, to impede the lawful functions of the IRS and avoid the payment of taxes due and owing by falsifying information repo...
Factual Basis. 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 UC-1...
Factual Basis. The Defendant is pleading guilty because it is guilty of the charge contained in the Information. The Defendant admits, agrees, and stipulates that the factual allegations set forth in the Information and the Statement of Facts are true and correct, that it is responsible for the acts of its officers, directors, employees, and agents described in the Information and Statement of Facts, and that the Information and Statement of Facts accurately reflect the Defendant’s criminal conduct. The Defendant stipulates to the admissibility of the Statement of Facts in any proceeding by the Offices, including any trial, guilty plea, or sentencing proceeding, and will not contradict anything in the attached Statement of Facts at any such proceeding.
Factual Basis. 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 “Product...
Factual Basis. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts 1, 2, and 3 of the superseding indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt: With respect to Counts 1 through 3 of the superseding indictment: From on or about September 17, 2015, to on or about September 18, 2015, at Lansing, in the Northern District of Illinois, and elsewhere, defendant XXXXXXXX XXXX did unlawfully and willfully seize, confine, kidnap, abduct, carry away, and transport Victim A in interstate commerce from the State of Illinois to the State of Indiana, and did hold Victim A for purposes of robbery, sexual assault, and otherwise, in violation of Title 18, United States Code, Section 1201(a)(1). On or about September 18, 2015, at Lansing, in the Northern District of Illinois, and elsewhere, defendant XXXXXXXX XXXX did knowingly and intentionally attempt to kill Victim A, by strangulation and by setting her on fire, with the intent to prevent the communication by Victim A to a law enforcement officer of the United States of information relating to the commission and possible commission of a Federal offense, namely, the Federal offenses charged in Counts 1, 3, 4, 5, 6, 7, 8, and 9 of the Superseding Indictment, in violation of Title 18, United States Code, Section 1512(a)(1)(C). On or about September 18, 2015, at Lansing, in the Northern District of Illinois, and elsewhere, defendant XXXXXXXX XXXX did knowingly use fire to commit any felony which may be prosecuted in a court of the United States, namely, the felony kidnapping charged in Count 1 and the felony attempted murder charged in Count 2 of the Superseding Indictment, in violation of Title 18, United States Code, Section 844(h)(1). A’s bank account. After not being able to withdraw money from BMO Xxxxxx Bank, defendant drove across state lines again, back into Illinois, and back to Victim A’s home. Once back at Victim A’s home, defendant demanded more money from her. Victim A had no more money to give. Defendant forced Victim A into the trunk of her car with her groceries, and he drove back across state lines into Indiana. After making a stop at a store, defendant drove to the parking lot of a vacant commercial business located at 000 Xxxxxx Xxxx in Xxxxx Harbor, Indiana. While in the parking lot, defendant took Victim A out of the trunk and told her to get into the back seat of the car, where he forced he...
Factual Basis. 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 the ...
Factual Basis. 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 under Guideline § 1B1.3: On or about November 10, 2014, at Palos Hills, in the Northern District of Illinois, Eastern Division, XXXXXX XXXXX, previously having been convicted of a crime punishable by a term of imprisonment exceeding one year, did knowingly possess, in and affecting interstate commerce, a firearm, namely, a Xxxxxx Model 000 00-00 rifle with an obliterated serial number; a Xxxxxxxx Gold Model 20-guage shotgun bearing serial number 114MV01301; and a Winchester Model 94 30-30 rifle with an obliterated serial number; which firearm had traveled in interstate commerce prior to the defendant’s possession of the firearm, in violation of Title 18, United States Code, Section 922(g)(1). Specifically, on or about November 10, 2014, XXXXX met with an individual in Palos Hills, Illinois, who unbeknownst to XXXXX, was a confidential informant (the “CI”) who was working at the direction of law enforcement agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives. On that day, XXXXX possessed a Xxxxxx Model 000 00-00 rifle with an obliterated serial number, a Xxxxxxxx Gold Model 20-gauge shotgun bearing serial number 114MV01301, a Winchester Model 94 30-30 rifle with an obliterated serial number, and 40 rounds of assorted ammunition. XXXXX sold the Xxxxxx rifle, the Xxxxxxxx shotgun, the Winchester rifle, and 40 rounds of assorted ammunition to the CI in exchange for $2,500. XXXXX acknowledges that all three of these firearms were manufactured outside of the State of Illinois, and therefore affected interstate commerce during at least one point in time. XXXXX further acknowledges that at the time he sold these firearms to the CI, he had previously been convicted of a crime punishable by a term of imprisonment exceeding on year. Specifically, on or about October 15, 2010, XXXXX pled guilty to Possession of a Controlled Substance in violation of 720 ILCS 570/402(c), a Class 4 felony, punishable by more than one year imprisonment. On or about March 21, 2012, XXXXX pled guilty to Manufacture or Delivery of a Controlled Substance in violation of 720 ILCS 570/401(d)(i), a Class 2 felony, punishable by more than one year imprisonment. In addition, between on or about October 31, 2014, an...