Factual Basis for Guilty Plea Sample Clauses

Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he 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: a. agreed that new homes in Xxx’x Summit and Raymore, Missouri, could be sold at inflated prices in order to obtain loan proceeds in excess of the actual sales prices; b. determined the actual sales prices wanted for the new homes; c. agreed to structure the sales of the new homes in such a way that the buyers would receive money from the loan proceeds; d. solicited potential buyers, representing that the buyers would receive from the loan proceeds the difference between the actual sales prices and the inflated prices, less closing costs; e. agreed to purchase and obtain loans to purchase the new homes in excess of the actual sales prices to be paid to the seller, by material false and fraudulent representations and promises, and omissions of facts; f. prepared and caused to be prepared loan applications and supporting documentation, containing material false and fraudulent representations and omissions of fact, all for submission to mortgage lenders; g. obtained and used fraudulent social security account numbers; h. submitted and caused to be submitted the material false and fraudulent loan applications and supporting documentation to mortgage lenders; i. created and caused to be created entities, and bank accounts in entity names, in order to receive loan proceeds; j. prepared and submitted to title companies closing the loans, material false and fraudulent documentation, and made material false and fraudulent material representations, in order to receive funds from the loan proceeds; k. caused mortgage lenders to approve the loan applications in reliance on ...

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 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: XXXXXX XXXXXXXXX XXXXXX-XXXXXXXXX is a citizen and national of Mexico, who is unlawfully present in the United States and resided in San Antonio, Texas. XXXXXX XXXXXXXXX XXXXXX-XXXXXXXXX has been previously deported from the United States to Mexico. From on or about November 2009, and continuing until January 10, 2012, in the Western District of Missouri and elsewhere, defendant XXXXXX XXXXXXXXX XXXXXX-XXXXXXXXX knowingly and willfully conspired, combined, confederated and agreed with defendants XXXXXX XXXXXXXXX, XXXXXXX XXXXXX, XXXXXXX XXXXXXXXX, XXXX XXXXXXXX, XXXXXXXXX XXXXXXXX, XXXXXXX XXXXXXXX, XXXXXX DE XX XXXX, XXXXX XXXXX XXXXXX-XXXXXXXXX, XXXXX XXXXXXX XXXXXXX-XXXXXX a/k/a “Xxxxx,” XXXXXX DARISEO XXXXXXXX-XXXXXX, XXXXX XXXXXX XXXXXXXXX-FLORES a/k/a “Xxxxxx,” XXXX XXX a/k/a “Xxxxx Xxxx Xxxxxx-Xxxxxx,” XXXXXX XXXX-XXXXXXXXX, XXXXXX XXXXXXXXX-XXXXX a/k/a “Xxxx,” XXXXXXXXXXX XXXXXXX, XXXXXX XXXXXXXXX, XXX XXXXXXXXX, XXXXXXX XXXXXXXXX and others, to violate the laws of the United States, specifically, to commit the following offenses: a) Transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii); b) Unlawful production of an identification document in violation of 18 U.S.C. § 1028(a)(1); c) Unlawful transfer of the means of identification of another person in violation of 18 U.S.C. § 1028(a)(7); and, d) Social security fraud in violation of 42 U.S.C. § 408(a)(7). It was part of the conspiracy that illegal aliens would travel from across the United States to St. Xxxxxx, Missouri, to obtain either a Missouri driver’s or nondriver’s license at the St. Xxxxxx license office, with unlawfully obtained birth certificates and Social Security cards. From November 2009, until January 10, 2012, it is estimated that over 3,500 Missouri driver and nondriver licenses have been unlawfully issued to illegal aliens as part of this conspiracy. It was further part of the conspiracy that XXXXXX XXXXXXXXX, XXXXXXX XXXXXX, XXXXXXX XXXXXXXXX, XXXX XXXXXXXX, XXXXXXXXX XXXXXXXX, XXXXXXX XXXXXXXX and others would accompany illegal aliens into the St. Xxxxxx license office, under the guise of being translators, in order to assist them with obtaining a Missouri driver’s or nondriver’s license that was in the name of another person who was listed on unlawfully obtained birth certificates and Social Security cards. It was further part of the conspiracy that illega...

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 offense to which she is pleading guilty are as follows: From at least on or about October 19, 2007 and continuing to on or about January 10, 2008 in the Western District of Missouri, defendant Xxxxxxx Xxxxxx knowingly and intentionally conspired and agreed with others to cause the unlawful interstate transportation of stolen vehicles and she unlawfully possessed and distributed methamphetamine to further the conspiracy led by co-defendant Xxxxx Xxxxxxxx (Xxxxx) Xxxxxxxx (Xxxxxxxx). The purpose of the conspiracy was to steal checks, credit cards, social security cards, driver’s licenses and the accompanying personal identifying information in order to make fraudulent purchases at various retail establishments in the Kansas City metropolitan area in the Western District of Missouri and to obtain methamphetamine. On or about November 8, 2007 and November 9, 2007, defendant and co-defendant Xxxxxxxx stole a Chevrolet pickup belonging to JR in Grain Valley, Missouri. On or about November 9, 2007, defendant used a stolen credit card belonging to JR to purchase merchandise at a Wal-Mart store in Liberty, Missouri. On or about November 11, 2007, defendant and co-defendant Xxxxxxxx stole a black Jeep belonging to SM in Leawood, Kansas. On or about November 12, 2007, defendant possessed a stolen 1994 Cadillac, belonging to NM in Sugar Creek, Missouri. On that same date, defendant possessed a stolen Kansas driver’s license, a Eufora Prepaid Debit MasterCard, a University of Kansas Student ID Card, a Premier Business PayPal MasterCard, an Orchard Bank MasterCard, and an Imagine Gold MasterCard in Sugar Creek, Missouri, belonging to DB; stolen mail in Sugar Creek, Missouri belonging to SMB and GB; a stolen Mission Bank Statement for Uptown Monkey Bottoms in Sugar Creek, Missouri; an altered Missouri driver’s license in Sugar Creek, Missouri, belonging to SCB, from a vehicle pilfered on October 30-31, 2007 in Blue Springs, Missouri; a stolen paycheck stub for AMB in Sugar Creek, Missouri, from a vehicle pilfered in late 2006 in Kansas City, Kansas; a stolen personal check belonging to DC and BH in Sugar Creek, Missouri, from a vehicle pilfered on August 17, 2007 in North Kansas City, Missouri; a stolen check holder containing a bank deposit slip and earnings statement, stolen from Kansas City, Missouri, belonging to RG in Sugar Creek, Missouri; several stolen identification cards including a Kansas City Station Casino Bo...

Factual Basis for Guilty Plea. The parties agree that the Government can prove the following facts, including, but not limited to: In 2002, the defendant met the Female Victim (hereafter, FV) when she was 16 years old and dating his teenage son. FV visited his trailer residence on numerous occasions, which was located in Lebanon, Missouri, in the Western District of Missouri. The defendant knew that FV grew up in xxxxxx care, came from a troubled home life and had suffered emotional, physical, and sexual abuse in her past. FV also suffered from mental deficiencies and had previously sustained a traumatic head injury. During FV’s visits to the defendant’s trailer residence, the defendant showed FV images and videos of pornography on the internet and downloaded from the internet, including images and videos of bondage and sadomasochistic conduct. The defendant provided FV with controlled substances. The defendant taught FV about bondage and sadomasochistic activities. The defendant’s wife, Xxxxxxx Xxxxxx, modeled stripper and bondage clothing for FV. The defendant and Xxxxxxx Xxxxxx told FV that she would love being a “slave” for the defendant. The defendant began a sexual relationship with FV prior to her seventeenth birthday. FV viewed the defendant as her boyfriend and moved in the Xxxxxx trailer residence in 2003. The defendant provided FV her own room, clothes, and promised her a great life. Over the course of the next six years, the defendant executed sadomasochistic acts on FV, including, but not limited to: sewing the victim’s vagina closed, whipping and flogging her body, penetrating her breasts with needles and skewers, suffocating her with plastic bags, strangling her with rope, putting her in a dog cage, and electrocuting FV’s sexual organs with devices which produced electrical voltage. The defendant further photographed and videotaped many of the acts he performed on her.

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. Ho-Chunk, Inc. (HCI), located in Winnebago, Nebraska, is a corporation operated by the Winnebago Tribe of Nebraska, a federally recognized Indian tribe. HCI is the parent company of HCI Distribution (HCID), also located in Winnebago, Nebraska, which claims to be one of the largest tribal cigarette and tobacco distributors in the United States. Xxxxx Xxxxxxxx is the officer in charge of operating HCID. During the relevant time period, Xxxxx Xxxxxxxxx was the HCID warehouse manager. Further, HCI is the parent company of HCI Logistics (HCIL), located in Omaha, Nebraska, which is a commercial transportation company. HCID often uses HCIL to transport product from the HCID warehouse in Winnebago, Nebraska. Neither HCI nor HCID are licensed tobacco wholesalers or state stamping agents in Nebraska or 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...

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.