Violation of Plea Agreement by Defendant/Withdrawal of Plea. 17 If the defendant, cooperating or not, violates this Plea Agreement in any way, withdraws his 18 plea, or tries to withdraw his plea, this Plea Agreement is voidable at the option of the government. The 19 government will no longer be bound by its representations to the defendant concerning the limits on 20 criminal prosecution and sentencing as set forth herein. One way a cooperating defendant violates the 21 plea agreement is to commit any crime or provide any statement or testimony which proves to be 22 knowingly false, misleading, or materially incomplete. Any post-plea conduct by a defendant 23 constituting obstruction of justice will also be a violation of the agreement. The determination whether 24 the defendant has violated the Plea Agreement will be under a probable cause standard.
Violation of Plea Agreement by Defendant/Withdrawal of Plea. 2 If the defendant violates this plea agreement in any way, withdraws her plea, or tries to withdraw 3 her plea, this plea agreement is voidable at the option of the government. If the government elects to 4 void the agreement based on the defendant’s violation, the government will no longer be bound by its 6 forth herein. A defendant violates the plea agreement by committing any crime or providing or 7 procuring any statement or testimony which is knowingly false, misleading, or materially incomplete in 8 any litigation or sentencing process in this case, or engages in any post-plea conduct constituting 9 obstruction of justice. Varying from stipulated Guidelines application or agreements regarding 10 arguments as to 18 United States Code section 3553, as set forth in this agreement, personally or through 11 counsel, also constitutes a violation of the plea agreement. The government also shall have the right (1) 12 to prosecute the defendant on any of the counts to which she pleaded guilty; (2) to reinstate any counts 13 that may be dismissed pursuant to this plea agreement; and (3) to file any new charges that would 14 otherwise be barred by this plea agreement. The defendant shall thereafter be subject to prosecution for 15 any federal criminal violation of which the government has knowledge. The decision to pursue any or 16 all of these options is solely in the discretion of the United States Attorney’s Office.
