Professional Documents
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Acuerdo Andrade - DOJ
Acuerdo Andrade - DOJ
Case N o . - - - - - - - - -
Defendant.
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PLEA AGREEMENT
The United States Department of Justice, Criminal Division, Fraud Section and the United
States Attorney's Office for the Southern District of Florida (collectively, the "Govemment") and
ALEJANDRO ANDRADE CEDENO (hereinafter referred to as the "defendant") enter into the
following agreement:
1. The defendant understands that he has the right to have the evidence and charge
against him presented to a federal grand jury for determination of whether there is probable cause
to believe he committed the offense for which he is charged. Understanding that right, and after
full and complete consultation with his counsel, the defendant agrees to waive in open court his
right to prosecution by Indictment, agrees to waive any challenges to the statute of limitations or
venue, and agrees that the Government may proceed by way of an Information filed pursuant to
the defendant with conspiracy to violate Title 18, United States Code, Section 1957, that is, to
knowingly engage and attempt to engage in monetary transactions by, through, or to a financial
institution, affecting interstate and foreign commerce, in criminally derived property of a value
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greater than $10,000, such property having been derived from a specified unlawful activity (i.e. a
violation of the Foreign Corrupt Practices Act ("FCPA"), in violation of Title 15, United States
Code, Section 78dd-3) in violation ofTitle 18, United States Code, Section 1956(h).
3. The defendant is aware that the sentence will be imposed by the Court after
considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter
"Sentencing Guidelines"). The defendant acknowledges and understands that the. Court will
compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines
will be determined by the CouJ1 relying in part on the results of a pre-sentence investigation by the
Court's probation office, which investigation will commence after the guilty plea has been entered.
The defendant is also aware that, under certain circumstances, the Court may depart from the
advisory Sentencing Guidelines range that it has computed, and may raise or lower that advisory
sentence under the Sentencing Guidelines. The defendant is further aware and understands that
the Court is required to consider the advisory guideline range determined under the Sentencing
Guidelines, but is not bound to impose a sentence within that advisory range; the Court is permitted
to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either
more severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts,
the defendant understands and acknowledges that the Court has the authority to impose any ·
sentence within and up to the statutory maximum authorized by law for the offense identified in
paragraph two and that the defendant may not withdraw his plea solely as a result of the sentence
imposed.
4. The defendant also understands and acknowledges that the Court may impose a
release of up to three years. In addition to a term of imprisonment and supervised release, the
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Court may impose a fine of up to $250,000 or not more than twice the amount of the criminally
derived propetiy involved in the transaction relating to the offense set forth in paragraph two
above, and the Com1 may also order forfeiture and restitution.
sentence imposed under paragraph three of this agreement, a special assessment in the amount of
$100 will be imposed on the defendant. The defendant agrees that any special assessment
imposed shall be paid at the time of sentencing. If the defendant is financially unable to pay the
special assessment, the defendant agrees to present evidence to the Government and the Court at
the time of sentencing as to the reasons for the defendant's failure to pay.
6. The Government reserves the right to inforrri the Court and the probation office of
all facts pertinent to the sentencing process, including all relevant information concerning the
offenses committed, whether charged or not, as well as conceming the defendant and the
defendant's background. Subject only to the express terms of any agreed-upon sentencing
recommendations contained in this agreement, the Government further reserves the right to make
7. The Government agrees that it will recommend at sentencing that the Court reduce
by two levels the Sentencing Guidelines level applicable to the defendant's offense, pursuant to
Section 3El.l(a) of the Sentencing Guidelines, based upon the defendant's recognition arid
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affirmative and timely acceptance of personal responsibility. If, at the time of sentencing the
defendant's offense level is determined to be 16 or greater, the Govemment will file a motion
requesting an additional one level decrease pursuant to Section 3El.l(b) of the Sentencing
Guidelines, stating that the defendant has assisted authorities in the investigation or prosecution of
the defendant's own misconduct by timely notifying authorities of the defendant's intention to
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enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting
the Government and the Court to allocate their resources efficiently. The Government, however,
will not be required to make this motion and this recommendation if the, defendant: (a) fails or
refuses to make a full, accurate and complete disclosure to the probation office of the
circumstances s~rrounding the relevant offense conduct; (b) is found to have misrepresented facts
to the Government prior to entering into this plea agreement; or (c) commits any misconduct after
entering into this plea agreement, including, but not limited to, committing a state or federal
offense, violating any term of release, or making false statements or misrepresentations to any
8. The defendant agrees that he shall cooperate fully with the Government by: (a)
providing truthful and complete information and testimony, and producing documents, records and
other evidence, when called upon by the Government, whether in interviews, before a grand jury,
or at any trial or other Court proceeding; (b) appearing at such grand jury proceedings, hearings,
trials, and other judicial proceedings, and at meetings, as may be required by the Government; and
(c) if requested by the Govemment, working in an undercover role under thesupervision of, and
in compliance with, law enforcement officers and agents. In addition, the defendant agrees that
he will not protect any person or entity through false information or omission, that he will not
falsely implicate any person or entity, and that he that he will not commit any further crimes.
9. The Government reserves the right to evaluate the nature and extent of the
defendant's cooperation and to make that cooperation, or lack thereof, known to the Court at the
time of sentencing. If in the sole and unreviewable judgment of the Government, the defendant's
cooperation is of such quality and significance to the investigation or prosecution of other criminal
matters as to warrant the Court's downward departure from the advisory sentencing range
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calculated under the Sentencing Guidelines and/or any applicable minimum mandatory sentence,
the Government may make a motion prior to sentencing pursuant to Section 5Kl.1 of the
Sentencing Guidelines and/or Title 18, United States Code, Section 3553(e), or subsequent to
sentencing pursuant to Rule 35 ofthe Federal Rules of Criminal Procedure, informing the Court
that the defendant has provided substantial assistance and recommending that the defendant's
sentence be reduced. The defendant understands and agrees, however, that nothing in this
agreement requires the Government to file any such motions, and that the Government's
assessment of the quality and significance of the .defendant's cooperation shall be binding as it
sentence.
10. The defendant understands and acknowledges that the Court is under no obligation
to grant a motion for reduction of sentence filed by the Government. In addition, the defendant
further understands and aclmowledges that the Comt is under no obligation of any type to reduce
11. The defendant agrees to forfeit to the United States voluntarily and immediately all
property, real or personal, involved in the violation of Title 18, United States Code, Section
1956(h) charged in the Information, property traceable to such property, and/or property that
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constitute substitute assets, pursuant to Title 18, United States Code, Section 982(a)(1) and Title
21, United States Code, Section 853(p). The defendant agrees that such property includes, but is
not limited to, a sum equal in value to the total amount laundered to, by, and/or for the benefit of
the defendant as part of the charged conspiracy, which the United States may seek as a forfeiture
money judgment. The defendant agrees to consent to the entry of orders of forfeiture for such
property. The defendant admits and agrees that the conduct described in the Information and
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Factual Proffer provides a sufficient factual and statutory basis for the forfeiture sought by the
Government.
12. The defendant agrees to waive any appeal ofthe forfeiture. The defendant waives
the requirements of Rules 32.2 and 43(a) of the Federal Rules of Criminal Procedure regarding
notice of the forfeiture in the Information, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. The defendant also waives any failure by the
Court to advise the defendant of any applicable forfeiture at the time the guilty plea is accepted as
required by Rule lt(b)(l)(J) of the Federal Rules of Criminal Procedure. The defendant further
agrees to waive any applicable time limits for the initiation of administrative or judicial forfeiture
proceedings and/or further notification of any such forfeiture brought against the property sought
for forfeiture.
13. The defendant also agrees to assist the Government in all proceedings,
administrative or judicial, involving forfeiture to the United States of any property, including
substitute property, regardless of its nature or form, real or personal, which the defendant or others
known to the defendant, have accumulated as a result of illegal activities. The defendant agrees
that the United States shall, at its option, be entitled to forfeiture of any prope~ (substitute assets)
of the defendant to satisfy the forfeiture money judgment The defendant agrees that all elements
ofTitle 21, United States Code, Section 853(p) have been satisfied. The defendant further agrees
to take all steps necessary to locate property that could be used to satisfy the forfeiture money
judgment and to pass title to the United States before the defendant's sentencing. To that end, the
defendant agrees to fully assist the Government in the recovery and return to the United States of
any assets, or portions thereof, wherever located. The assistance shall include: identification of
any property subject to forfeiture, agreement to the entry of an order enjoining the transfer or
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encumbrance of such property, and the transfer or repatriation of such property to the United States
by delivery to the Government, upon the Government's request, any necessary and appropriate
. documentation, including consents to forfeiture and quit claim deeds, to d~liver good and
marketable title to such property. The defendant understands that failure to transfer or repatriate
assessments, fines, costs, restitution, or any other penalty that may be imposed by the Court. The
defendant knowingly and voluntarily waives any claim or defense he may have under the Eighth
Amendment to the United States Constitution, including any claim of excessive fine or penalty
15. The defendant agrees to make full and accurate disclosure of his financial affairs to
the Government, and expressly authorizes the Government to obtain a credit report. The
defendant agrees that within 45 calendar days of his change of plea and upon request of the
Government, the defendant shall submit a completed Financial Disclosure Statement (form
provided by the United States), and shall fully disclose and identify all assets in which he lias any
interest and/ot over which the defendant exercises control, directly or indirectly, including those
16. The defendant is aware that Title 18, United States Code, Section 3742 and Title
28, United States Code, Section 1291 afford the defendant the right to appeal the sentence imposed
in this case. Acknowledging this, in exchange for the undertakings made by the Government in
this plea agreement, the defendant hereby waives all rights .conferred by Sections 3742 and 1291
to appeal any sentence imposed, including any restitution order, or to appeal the manner in which
the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the
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result of an upward departure and/or an upward variance from the advisory guideline range that
the Court establishes at sentencing. The defendant further understands that nothing in this
agreement shall affect the Government's right and/or duty to appeal as set forth in Title 18, United
States Code, Section 3742(b) and Title 28, United States Code, Section 1291. However, if the
Government appeals the defendant's sentence pursuant to Sections 3742(b) and 1291, the
defendant shall be released from the above waiver of appellate rights. By sigriing this agreement,
the defendant acknowledges that the defendant has discussed the appeal waiver set forth in this
17. The defendant is aware that the sentence has not yet been determined by the Court.
The defendant also is aware that any estimate of the probable sentencing range or sentence that the
defenclant may receive, whether that estimate comes from the defendant's attorney, the
Government, or the probation office, is a prediction, not a promise, and is not binding on the
Government, the probation office, or the Court. The defendant understands further that any
recommendation that the Government makes to the Court as to sentencing, whether pursuant to
this agreement or otherwise, is not binding on the Court and the Court may disregard the
acknowledged in paragraph three above, that the defendant may not withdraw his plea based upon
the Court's decision not to accept a sentencing recommendation made by the defendant, the
18. The defendant recognizes that pleading guilty may have consequences with respect
to the defendant's immigration status if the defendant is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the offense to which the
defendant is pleading guilty. Removal and other immigration consequences are the subject of a
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separate proceeding, however, and the defendant understands that no one, including the
defendant's attorney or the Court, can predict to a certainty the effect of the defendant's conviction
on the defendant's immigration status. The defendant nevertheless affirms that the defendant
wants to plead guilty regardless of any immigration consequences that the defendant's plea may
entail, even ifthe consequence is the defendant's automatic removal from the United States.
19. The Government and the defendant stipulate to and agree not to contest the facts in
the Factual Proffer, and stipulate that such facts, in accordance with Rule ll(b)(3) of the Federal
Rules of Criminal Procedure, provide a sufficient factual basis for the plea of guilty in this case.
The defendant agrees that the facts in the Factual Proffer are true and correct to the best of the
defendant's lmowledge. Because the factual basis set forth in the Factual Proffer has the limited
purpose of supporting the defendant's guilty plea to the charge discussed in paragraph two, the
factual basis set forth in the Factual Proffer does not purport to represent all facts and
circumstances relating to the defendant's participation. Similarly, the factual basis in the Factual
Proffer is not intended to identify all knowledge the defendant might have of the unlawful activity
of other individuals.
20. In the event the defendant withdraws from this agreement prior to or after pleading
guilty to the charge identified in paragraph two above, or should the Government, in its sole
discretion, determine that the defendant has failed to fully comply with any of the terms of this
plea agreement, the Government will be released from its obligations under this agreement, and
(a) the defendant thereby waives any protection afforded by any proffer letter agreement
between the parties, Section 1B 1.8 of the Sentencing Guidelines, Rule 11 (f) of the Federal Rules
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(b) that any statements made by the defendant as part of the plea discussions, any
debriefings or interviews, or in this agreement, whether made prior to or after the execution of this
agreement, will be admissible against him without any limitation in any civil or criminal
(c) the defendant's waiver of any defense based on the statute of limitations aiJ.d venue,
including the waiver set forth in this agreement, or any defense based on the passage of time in
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filing an Indictment or Information, refen·ed to herein, shall remain in full force and effect;
(d) the defendant stipulates to the admissibility and authenticity, in any case brought by the
United States in any way related to the facts referred to in this agreement, of any documents
provided by the defendant or the defendant's representatives to any state of federal agency and/or
(e) the defendant has adopted the entire factual basis as the defendant's statements, and the
defendant has stipulated to ·the admissibility of the Factual Proffer in any case brought by the
United States.
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21. This is the entire agreement and understanding between the Government and the
SANDRA MOSER
ACTING CHIEF, FRAUD SECTION
Criminal Division
Date: _1"2.._/_1_1__,/,___:J-6J_J1.
_ __ By:
. Date: _ _)_z_,('-I_Cf-J{_2._o_l_~_ __
CURTIS MINER
ATTORNEY FOR DEFENDANT
Date: _ _1z._._/_lc:t--1(1--ZA_._I_~
_ __
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Case N o . - - - - - - - - -
Defendant.
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FACTUAL PROFFER
The following Factual Proffer is incorporated by reference as part of the Plea Agreement
between the United States Department ofJustice, Criminal Division, Fraud Section and the United
States Attorney's Office for the Southern District ofFlorida (collectively, the "Government"), and
the Defendant, Alejandro Andrade Cedeno (the "Defendant"). The Defendant agrees and
stipulates that the following information is true and accurate. Had this matter proceeded to trial,
the Defendant acknowledges that the Government would have proven, beyond a reasonable doubt,
the facts alleged below and the charge and forfeiture allegations set forth in the criminal
Information.
Florida
2. The Oficina Nacional del Tesoro ("ONT") is the Venezuelan National Treasury.
position of Venezuelan National Treasurer. The Defendant served in that position until
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approximately January 2011. During that time period, the Defendant was an official of the
4. The ONT held U.S. dollar accounts at various financial institutions, including at
bonds from its portfolio that were denominated in U.S. dollars or other currencies. The ONT
could then choose to exchange the proceeds from these bond sales at the Venezuelan National
Bank's established exchange rate or at a casa de bolsa, or brokerage house. The casas de bolsa
had access to a parallel market for exchange, which provided a much higher exchange rate than
··the Venezuelan National Bank exchange rate. Because the casas de bolsa received this higher
rate, the casas de bolsa could pay the ONT at a higher rate than the Venezuelan National Bank
Defendant had the ability to influence and decide which brokerage houses received government
7. From approximately 2007 through January 2011, the Defendant agreed to accept
bribes from co-conspirators in exchange for selecting them to carry out the U.S. dollar to bolivar
exchange process with the ONT, which allowed those co-conspirators to obtain substantial profits
on the exchange transactions. The co-conspirators agreed to bribe the Defendant in order to
secure improper advantages from the Defendant and secure additional profits in the business deals.
8. In furtherance of the scheme, one or more of the bribe payers made payments to the
Defendant in the Southern District of Florida, and took acts and caused others to take acts in the
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Southern District of Florida. The Defendant received the bribes from this arrangement through
national who maintains a residence in Miami, Florida, solicited the Defendant to permit a
brokerage house that CC-1 operated to participate in the exchange process. CC-1 offered to pay
the Defendant a share of any profit CC-1 made from the business deals. The Defendant accepted
CC-1 's proposal and selected CC-1 's brokerage house to participate in the exchange process.
10. In addition, one ot more of the bribe-paying co-conspirators used the proceeds of
the corrupt scheme to engage in fmancial transactions in amounts greater than $10,000. For
example, CC-1 purchased real estate, vehicles, and other luxury items for the Defendant and his
family and friends, many of which involved transactions greater than $10,000. CC-I purchased
items, including but not limited to, houses in Wellington, Florida; aircraft; and horses for the
Defendant's use and benefit. CC-1 also controlled one or more bank accounts in Switzerland in
which CC-I held proceeds of the scheme that could be made available to the Defendant. These
accounts contained approximately $70 to $80 million, which CC-1 used to pay the Defendant's
expenses. From approximately 2010 to in or about the present, when the Defendant requested
items from CC-1, CC-1 would send money from his bank account in Switzerland to purchase items
11. For example, on or about the following dates, in furtherance of CC-1's money
laundering conspiracy with the Defendant, CC-I caused four wire transfers in the following
Switzerland to an account in the United States to purchase aircraft used by the Defendant, among
others.
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laundering conspiracy with the Defendant, CC-1 caused a wire transfer in the amount of
in Switzerland to an account at Wells Fargo in Wellington, Florida, to pay expenses related to the
Defendant's horses.
SANDRA MOSER
ACTING CHIEF, FRAUD SECTION
Criminal Division
By:
CURTIS MJNER
ATTORNEY FOR DEFENDANT
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