Common use of Government’s Agreements Clause in Contracts

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's Office for the Western District of Missouri, the other 92 United States Attorney's Offices (the "other USAOs"), and the Environmental Crimes Section of the Environment and Natural Resources Division, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's Office for the Western District of Missouri, ECS, and the other USAOs, are free to prosecute defendant or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date of this Plea Agreement. The defendant recognizes that the United States' agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreement. If the defendant breaches this Plea Agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its right to challenge the initiation of the dismissed or additional charges against for such breach of this Plea Agreement. The defendant expressly waives its right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant following a breach of this Plea Agreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it following a breach of this Plea Agreement that: (1) any statements made by the defendant's representative, under oath, at the guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissible.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's ’s Office for the Western District of Missouri, the other 92 United States Attorney's Offices (the "other USAOs")as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to conspiracy to commit unregistered securities fraud and the Environmental Crimes Section wire fraud for which it has venue and which arose out of the Environment defendant’s conduct described above. In exchange for Xx. Xxxxxxx being available for an interview with representatives of the Social Security Administration and Natural Resources Divisionin recognition of his willingness to voluntarily pay back any monies owed back to the Social Security Administration, if any, the Western District of Missouri will also agree not to prosecute Xx. Xxxxxxx for any potential claims as to facts surrounding SSI supplements. In exchange for Xx. Xxxxxxx being available for an interview with representatives of the United States Department of Justice ("ECS"). Defendant understands Agriculture and agrees that in recognition of his willingness to voluntarily pay back any monies owed back to the United States Attorney's Office Department of Agriculture, if any, the Western District of Missouri also agrees not to prosecute Xx. Xxxxxxx for fraudulent statements related to his receipt of food stamp benefits. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri, ECS, and the other USAOs, are free to prosecute defendant or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its his right to challenge the initiation of the dismissed or additional charges against for such breach of him if he breaches this Plea Agreementagreement. The defendant expressly waives its his right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant him following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it him following a his breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the he will not be allowed to withdraw his guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's ’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the other 92 defendant’s spam email scheme for which it has venue and which arose out of the defendant’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss the remaining counts of the Indictment against the defendant at sentencing. The United States Attorney's Offices (the "other USAOs"), and the Environmental Crimes Section of the Environment and Natural Resources Division, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's ’s Office for the Western District of MissouriMissouri further agrees not to charge the defendant’s parents, ECSXxxxxx X. Xxxx and Xxxxx Xxxx Xxxx, and the other USAOsdefendant’s brother, are free Xxxxxx Xxxx, with any offenses related to prosecute defendant the defendants’ spam email scheme described in this agreement, for which the Western District of Missouri has venue and which occurred on or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after between January 1, 2004, and the date of the Indictment. The defendant understands that this Plea Agreementplea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its his right to challenge the initiation of the dismissed or additional charges against for such breach of him if he breaches this Plea Agreementagreement. The defendant expressly waives its his right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant him following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it him following a his breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the he will not be allowed to withdraw his guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's ’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the other 92 United States Attorney's Offices (conspiracy alleged in the "other USAOs"), indictment for which it has venue and the Environmental Crimes Section which arose out of the Environment and Natural Resources Divisiondefendant’s conduct described above. Additionally, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's Office Attorney for the Western District of MissouriMissouri agrees to dismiss Counts Four, ECSSix, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-two, and Twenty-four at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the other USAOsperson of another, are free or a conspiracy to prosecute defendant commit any such acts of violence or any criminal activity of which the aforementioned persons or entities United States Attorney for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date Western District of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its his right to challenge the initiation of the dismissed or additional charges against for such breach of him if he breaches this Plea Agreementagreement. The defendant expressly waives its his right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant him following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it him following a his breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the he will not be allowed to withdraw his guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of JusticeMissouri, as part of this Plea Agreementplea agreement, (i) agrees to recommend a sentence of imprisonment near or, if the low end of the imprisonment guideline range is greater than zero, at the low end of the imprisonment guideline range the Court determines is applicable to the offenses of conviction, (ii) agrees not to further prosecute bring any additional charges against the defendant for any federal criminal offenses related to the crimes charged in the indictment for which it has venue and which arose out of the defendant’s conduct that is presently disclosed by the evidence in the case, and (iii) agrees, following the defendant's sentencing on the offenses of conviction, to dismiss Counts Four through Twenty-seven and Thirty through Forty-one of the indictment as to the defendant. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on which the United States Attorney's Office Attorney for the Western District of Missouri, the other 92 United States Attorney's Offices (the "other USAOs"), and the Environmental Crimes Section of the Environment and Natural Resources Division, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's Office for the Western District of Missouri, ECS, and the other USAOs, are free to prosecute defendant or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its his right to challenge the initiation of the dismissed or additional charges against for such breach of him if he breaches this Plea Agreementagreement. The defendant expressly waives its his right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant him following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it him following a his breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the he will not be allowed to withdraw his guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissiblepleas.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of JusticeMissouri, as part of this Plea Agreementplea agreement, agrees not to further prosecute bring any additional charges against defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising offenses related to conspiracy to distribute controlled substances, and conspiracy to commit promotional and concealment money laundering, for which it has venue and which arose out of the defendant’s conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreementabove. Additionally, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's Office Attorney for the Western District of MissouriMissouri agrees to dismiss Counts Twenty-One through Twenty-Four as to defendant Xxxxxx at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the other 92 United States Attorney's Offices (the "other USAOs")person of another, and the Environmental Crimes Section or a conspiracy to commit any such acts of the Environment and Natural Resources Division, United States Department violence or any criminal activity of Justice ("ECS"). Defendant understands and agrees that which the United States Attorney's Office Attorney for the Western District of Missouri, ECS, and the other USAOs, are free to prosecute defendant or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its her right to challenge the initiation of the dismissed or additional charges against for such breach of her if she breaches this Plea Agreementagreement. The defendant expressly waives its her right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant her following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it her following a her breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the she will not be allowed to withdraw her guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's ’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the other 92 armed bank robberies of the United States Attorney's Offices (the "other USAOs")Missouri Bank located at 7901 Wornall Road, Kansas City, Missouri on February 9th, 2006, and the Environmental Crimes Section February 24, 2006 (as described in more detail in ¶ 3 above for which it has venue and which arose out of the Environment and Natural Resources Divisiondefendant’s conduct described above. Additionally, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's Office Attorney for the Western District of MissouriMissouri agrees to dismiss counts Three, ECSFour, and Six through Nine at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the other USAOsperson of another, are free or a conspiracy to prosecute defendant commit any such acts of violence or any criminal activity of which the aforementioned persons or entities United States Attorney for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date Western District of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its his right to challenge the initiation of the dismissed or additional charges against for such breach of him if he breaches this Plea Agreementagreement. The defendant expressly waives its his right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant him following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it him following a his breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the he will not be allowed to withdraw his guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's ’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against the other 92 defendants for any federal criminal offenses related to the defendants’ spam email scheme for which it has venue and which arose out of the defendants’ conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss the remaining counts of the Indictment against the defendants at sentencing. The United States Attorney's Offices (the "other USAOs"), and the Environmental Crimes Section of the Environment and Natural Resources Division, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's ’s Office for the Western District of MissouriMissouri further agrees not to charge the defendant’s parents, ECSXxxxxx X. Xxxx and Xxxxx Xxxx Xxxx, and the other USAOsdefendant’s brother, are free Xxxxxx Xxxx, with any offenses related to prosecute defendant the defendants’ spam email scheme described in this agreement, for which the Western District of Missouri has venue and which occurred on or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after between January 1, 2004, and the date of this Plea Agreementthe Indictment. The defendant recognizes defendants understand that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendants recognize that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant defendants might be charged is based solely on the promises made by the defendant defendants in this Plea Agreementagreement. If the defendant breaches defendants breach this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant defendants expressly waives its waive their right to challenge the initiation of the dismissed or additional charges against for such them if they breach of this Plea Agreementagreement. The defendant defendants expressly waives its waive their right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant them following a breach of this Plea Agreementagreement. The defendant defendants further understands understand and agrees agree that if the Government elects to file additional charges or proceed with the original charges against it them following a their breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the they will not be allowed to withdraw their guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's ’s Office for the Western District of Missouri, the other 92 United States Attorney's Offices (the "other USAOs")as part of this plea agreement, and the Environmental Crimes Section of the Environment and Natural Resources Divisionagrees not to bring any additional charges against defendant for any federal criminal offenses that may be prosecuted under Title 18, United States Department Code, and that are related to the theft of Justice ("ECS")funds from the State of Missouri and Saline County for which it has venue and which arose out of the defendant’s conduct described above. Defendant The defendant understands and agrees that the United States Attorney for the Western District of Missouri is not authorized to make agreements regarding the prosecution of federal criminal offenses that are prosecutable under Title 26, United States Code. Additionally, the United States Attorney's ’s Office for the Western District of MissouriMissouri agrees to recommend a total sentence of no more than twelve months and one day imprisonment, ECSnot more than three years of supervised release, no fine, mandatory restitution to Saline County in the amount of $51,162.09, and to the other USAOsState of Missouri in the amount of $27,749.14, are free resulting in an aggregate amount of $78,911.20. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to prosecute defendant commit any such acts of violence or any criminal activity of which the aforementioned persons or entities United States Attorney for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date Western District of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its his right to challenge the initiation of the dismissed or additional charges against for such breach of him if he breaches this Plea Agreementagreement. The defendant expressly waives its his right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant him following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it him following a his breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the he will not be allowed to withdraw his guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissibleplea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of JusticeMissouri, as part of this Plea Agreementplea agreement, (i) agrees to recommend a sentence of imprisonment near or, if the low end of the imprisonment guideline range is greater than zero, at the low end of the imprisonment guideline range the Court determines is applicable to the offenses of conviction, (ii) agrees not to further prosecute bring any additional charges against the defendant for any federal criminal offenses related to the crimes charged in the indictment for which it has venue and which arose out of the defendant’s conduct that is presently disclosed by the evidence in the case, and (iii) agrees, following the defendant's sentencing on the offenses of conviction, to dismiss Counts Thirty through Thirty-seven and Forty through Forty-three of the indictment as to the defendant. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on which the United States Attorney's Office Attorney for the Western District of Missouri, the other 92 United States Attorney's Offices (the "other USAOs"), and the Environmental Crimes Section of the Environment and Natural Resources Division, United States Department of Justice ("ECS"). Defendant understands and agrees that the United States Attorney's Office for the Western District of Missouri, ECS, and the other USAOs, are free to prosecute defendant or any of the aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the date of this Plea AgreementMissouri has no knowledge. The defendant recognizes that the United States' ’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this Plea Agreementagreement. If the defendant breaches this Plea Agreementplea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives its her right to challenge the initiation of the dismissed or additional charges against for such breach of her if she breaches this Plea Agreementagreement. The defendant expressly waives its her right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against defendant her following a breach of this Plea Agreementagreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against it her following a her breach of this Plea Agreement that: (1) any statements made by the defendant's representativeplea agreement, under oath, at the she will not be allowed to withdraw her guilty plea hearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be suppressed or are inadmissiblepleas.