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 February 2005 and continuing through about May 21, 2007, at Xxx’x Summit and Raymore, in the Western District of Missouri, and elsewhere, defendant Xxxxx conspired with others including co-defendants Xxxxxx Xxxxx, Xxxxxx Xxxxxx, 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. The defendant does not dispute that as part of the scheme, the co-conspirators:
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 offense to which he is pleading guilty are as follows: The facts and overt acts included in the indictment are incorporated into this plea agreement and paragraph 3 by reference. The Seneca-Cayuga Tobacco Company (SCTC), located in Grove, Oklahoma, is a corporation operated by the Seneca Cayuga Tribe of Oklahoma, a federally recognized Indian tribe. During the relevant time period, Xxxxxx X. Xxxxxx was the president of SCTC. 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. During the relevant time period, Unindicted Co-conspirator 1 (UCC1) and Xxxxx Xxxxxxxx owned and operated Cheap Tobacco Wholesale (CTW), a cigarette wholesale business located in Independence, Missouri. UCC1 operated the business with the assistance of Xxxxxxxx until UCC1’s death on October 27, 2011, at which time Xxxxxxxx took over operations. During the relevant time period, Xxxxxxxxxx “Xxxx” Xxxxxxxx owned and...
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 Xxxxx Xxxxxxx 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 Xxxxxxx. 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, investigators learned that Xxxxxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This cocaine was then distributed to Xxxxxxx’x associates, including the defendant, as cocaine or cocaine base. Xxxxxxx and his associates would distribute cocaine base from various houses located in Kansas City neighborhoods. The location sites for distribution were changed frequently in order to defeat law enforcement attempts at surveillance and search warrants. 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, Xxxxxxx’x organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following paragraphs are representative of the intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On February 8, 2010, a call was intercepted between Xxxxxx and Xxxxxxx discussing a transaction for an ounce of cocaine base. During the call, Xxxxxx asked Xxxxxxx, “What’s good?” Xxxxxxx responded, “I’m at the house. I’m putting shit together. I’m about to come out though. What you want...just one?” Xxxxxx replied, “Yup. The whole. Yeah.” On March 25, 2010, an incoming telephone call was intercepted on Xxxxxxx’x cellular telephone between Xxxxxxx and the defenda...
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 conduct underlying the offense to which defendant is pleading guilty include the following: On April 21, 2011, Detective Xxxxx and undercover officer with the Jackson County Drug Task Force, wearing a transmitter, met Xxxxx X. Xxxxxxxx at a Lowes home improvement store located at 0000 Xxxxxxxx, Xxxxxx Xxxx, Xxxxxxxx. Xxxxx saw that Xxxxxxxx was standing next to a white Ford F-150, extended cab pickup, and that a dark-skinned male wearing round- rim glasses (later identified as Xxxx Xxxxxx) was sitting in the driver’s seat. Xxxxxxxx then got into Doogs’ undercover vehicle and they drove to a McDonalds a short distance east of the Lowes location. Xxxxxxxx gave Xxxxx a clear plastic bag containing methamphetamine, and Doogs paid Xxxxxxxx $800. Xxxxxxxx told Xxxxx he had another 1/4 ounce of meth for sale at his residence. Xxxxx declined to purchase the extra meth, but agreed to buy more than one-half ounce the next time. Xxxxx then drove Xxxxxxxx back to the Ford pickup. He heard Xxxxxxxx answer his cell phone and tell a female caller that he had “a quarter left.” Xxxxxxxx told Xxxxx he was in “deep” with a Mexican cartel, and could get “weight” for Doogs. The drugs purchased on this occasion weighed about 14.6 grams, and field tested positive for methamphetamine. The transmissions from the transmitter were monitored and recorded. On May 5, 2011, Detective Xxxxx, again working in an undercover capacity and wearing a transmitter, met Xxxxxxxx at the Pick-n-Pull located at 0000 X. Xxxxxx Road, Kansas City, Missouri. Xxxxxxxx arrived in a white Ford cargo van, riding in the passenger seat. Doogs paid Xxxxxxxx $800 for a small bag of methamphetamine. The drugs purchased on this occasion weighed about 14.6 grams, and field tested positive for methamphetamine. The transmissions from the transmitter were monitored and recorded. Detective Xxxxxxx Xxxxx of the Mid- Missouri Drug Task Force interviewed Xxxxxx Xxxxxx at the Benton County, Missouri, Sheriff’s office on May 11, 2011, after Xxxxxx was found inside the duplex cabin where Xxxxxxxx had been arrested. Xxxxxx admitted to being a meth addict, and said that Xxxxxxxx had sold about four ounces of meth in the Warsaw area between May 5th and May 11th. Detective Xxxxx then interviewed Xxxxxxxx, who waived his rights and admitted buying and selling meth in the Warsaw area. Xxxxxxxx also admitted having traded meth for the guns found on his person. Detective Xxxxx then ...
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 and evidence the Government would admit at trial to prove the offenses to which the defendant is pleading guilty are as follows: This is a historical conspiracy with approximately a pound of methamphetamine seized in 2006. This case grew out of three other cases indicted in 2007 and 2006 in Kansas City, MO, Jefferson City, MO and the District of KS. Following a series of arrests, statements of defendants and others, and various law enforcement investigations, it was discovered that defendant Xxxx-Xxxx (a/k/a “Hill”) (previously convicted in the Jefferson City case) was distributing methamphetamine, directly and through others, to a number of individuals from the St. Xxxxxx area. Between November 28, 2007 and January 15, 2009, approximately 25 statements were taken that directly impacted this case. Those statements came from four defendants previously indicted and convicted in federal court with methamphetamine distribution conspiracies, from four defendants charged in this case and from three people involved in this case that are not charged. Those statements set out that Xxxx was distributing methamphetamine through co-defendant Xxxxxxxxx and others to everyone indicted herein. Most of the defendants herein were in direct dealings with Hill at one point or another. From those 25 statements, the amount of methamphetamine distributed in total is approximately 100 pounds. The amount actually distributed by or to each defendant ranges from several ounces to several kilos. Based on drugs bought directly by them, sold in their presence, seen packaged or in bulk, each defendant is directly or forseeably liable for no less than the statutory minimum amount to which they are now charged. The money laundering conspiracy is based on cash (obtained from drug sales or otherwise) paid by various defendants for the methamphetamine they bought (and then distributed), upon vehicles and guns traded by various defendants for methamphetamine, and upon items taken as trade by and from various defendants for either methamphetamine or drug debt reduction. Count Two is the overall conspiracy count based on all the facts herein. Count Thirteen is a money laundering conspiracy count that takes into account the drug sale proceeds used by all defendants to further the drug conspiracy by using the sales proceeds to purchase more drugs, the car that defendants Xxxx and Xxxxxxxxx traded to Hill for a pound of methamphetamine and the guns and motorcycle ...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which he is pleading guilty are as follows: From 2005 through the February of 2008, the defendants, Xxxxx and Xxxxxx Xxxxxxxx owned and operated Ozark National Mortgage (ONM). While operating this mortgage brokerage house, XXX worked and was sharing office space with Xxxxxxxxx I.P Holdings, L.L.C (Xxxxxxxxx) in Xxxxxx County, within the Western District of Missouri. During this period of time, Xxxxxxxxx would sponsor real estate investment seminars. These seminars were designed to recruit potential investors to apply for mortgage loans for the construction and sale of residential homes in the southwest region of Missouri and northwest region of Arkansas. The sales pitch that was made to potential investors by Xxxxxxxxx that included that that they would not have to put any of their money down and after two to three years, they would receive $10,000 per investment. Xxxxx Xxxxxxxx was personally aware of these representations as they were present at several of these sales seminars and introduced several individuals to Xxxxxxxxx as prospective investors. ONM, through Xxxxx X. Xxxxxxxx and Xxxxxx X. Xxxxxxxx, would review the personal and financial information of each investor to determine whether each individual had sufficient assets and a credit score that would result in the approval of a loan with a lending institution. Once it was determined that the investor was eligible to obtain a loan, ONM would then create the necessary mortgage loan documentation to submit to a prospective lending institution for potential funding. In each of these mortgage loan applications and specifically on the HUD-1 Settlement Statement, it was stated that the borrower, who is also the investor, was providing their cash as part of the closing transaction to obtain the loan from the lending institution. A HUD-1 Settlement Statement is a document that was created and utilized by the Department of Housing and Urban Development, a federal agency, to ensure the full and accurate disclosure of all information related to each individual real estate transaction submitted for consideration by lending institutions. Prior to the closing of each mortgage loan, Xxxxxxxxx would transfer monies to an escrow account and a cashier’s check from such escrow account would be drawn in the name of the borrower. The cashier’s check drawn from the escrow account was in the exact dollar amount that the borrower owed at the time of the closing...
