Common use of VIOLATION OF PLEA AGREEMENT Clause in Contracts

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 of this Plea Agreement, or have otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2019. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding investigation or prosecution covered by Paragraph 14 is pending, or during the period covered by Paragraph 15, that the defendant or any of its related entities have Related Entities has failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 Paragraphs 14 and 15 of this Plea AgreementAgreement respectively, or have has otherwise violated any provision of this Plea Agreement, except for the conditions of probation set forth in Paragraphs 9(c)(i)-(vi), the violations of which are subject to 18 U.S.C. § 3565, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities Related Entities will be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities Related Entities for any offense referred to in Paragraph 15 16 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2018. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 12 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant or his counsel in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify his counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea AgreementRelevant Offense, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2019. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 11 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees and its related entities agree that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 13 of this Plea Agreement, the statute of limitations period for such offense will shall be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2015. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 11 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant or his counsel in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify his counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant may seek Court review of any determination made by the United States under this Paragraph to void any of its obligations under the Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea AgreementRelevant Offense, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2019. The defendant Defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have Defendant has failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 12 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant Defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will Defendant shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant Defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities Defendant for any offense referred to in Paragraph 15 14 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees and its related entities agree that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities Related Entities have failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 12 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will Related Entities shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees and its Related Entities agree that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities Related Entities for any offense referred to in Paragraph 15 14 of this Plea Agreement, the statute of limitations period for such offense will shall be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2022. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant [or any of its [related entities entities]] have failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 14 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), paragraph),45 and the defendant [and its [related entities will entities]] shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees [and its [related entities]] agree that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant [or its [related entities entities]] for any offense referred to in Paragraph 15 16 of this Plea Agreement, the statute of limitations period for such 45 See “Negotiating The Waters” at § II(H), p. 9 for a discussion of Division policy regarding voiding the Plea Agreement. offense will shall be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 12 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees and its related entities agree that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 14 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2027. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 20 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 22 of this Plea Agreement, the statute of limitations period for such offense that is not time barred as of the date of the signing of this Plea Agreement will be tolled for the period between the date of signature of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2019. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have subsidiaries has failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 11 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will subsidiaries shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities subsidiaries for any offense referred to in Paragraph 15 13 of this Plea Agreement, the statute of limitations period for such offense will shall be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2023. The defendant agrees defendants agree that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the either defendant or any of its their related entities have failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 15 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant defendants in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant defendants and its their related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees defendants may seek court review of any such determination made by the United States. The defendants and their related entities agree that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant defendants or its their related entities for any offense referred to in Paragraph 15 17 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), paragraph),31 and the 31 See “Negotiating The Waters” at § II.H., p. 7-8 for a discussion of Division policy regarding voiding the Plea Agreement. defendant and its related entities will be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea AgreementRelevant Offense, the statute of limitations period for such offense will be tolled for the period between the date of signature of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph paragraph 13 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify its counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and and, thereafter, the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature the signing of this the Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea AgreementAgreement or the date that the court rules that this Plea Agreement is null and void, whichever is later.

VIOLATION OF PLEA AGREEMENT. 20. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, or 31 The Plea Agreement contains this reference to Attachment A when the defendant receives a facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), paragraph),32 and the defendant and its related entities will be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea AgreementRelevant Offense, the statute of limitations period for such offense will be tolled for the period between the date of signature of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2021. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, and continuing cooperation, as defined in Paragraph 13 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery, email, or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of signature of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.

VIOLATION OF PLEA AGREEMENT. 2019. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant or any of its related entities have has failed to provide full, truthful, full and continuing truthful cooperation, as defined described in Paragraph 13 12 of this Plea Agreement, or have has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant or his counsel in writing by personal or overnight delivery, email, delivery or facsimile transmission and may also notify his counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant and its related entities will shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant may seek Court review of any determination made by the United States under this paragraph to void any of its obligations under the Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant or its related entities for any offense referred to in Paragraph 15 13 of this Plea Agreement, the statute of limitations period will be tolled for such offense will be tolled for the period between the date of signature the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.