Darrell Winston Plea
Darrell Winston Plea
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7 UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
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AT SEATTLE
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11 UNITED STATES OF AMERICA, NO. CR20-0126RAJ
12 Plaintiff,
13 v. PLEA AGREEMENT
14 DARRELL N. WINSTON,
15 Defendant.
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18 The United States of America, by and through Brian T. Moran, United States
19 Attorney for the Western District of Washington, and Justin W. Arnold and Andrew C.
20 Friedman, Assistant United States Attorneys for said District, Defendant, DARRELL N.
21 WINSTON, and Defendant’s attorney, Vanessa Pai-Thompson, enter into the following
22 Agreement, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A) & (B):
23 Waiver of Indictment. Defendant, having been advised of the right to be
24 charged by Indictment, agrees to waive that right and enter a plea of guilty to the charge
25 brought by the United States Attorney in an Information.
26 The Charges. Defendant, having been advised of the right to have this
27 matter tried before a jury, agrees to waive that right and enter a plea of guilty to the
28 charge of False Statement, in violation of Title 18, United States Code, Section
Plea Agreement - 1 UNITED STATES ATTORNEY
701 STEWART STREET, SUITE 5220
United States v. Darrell N. Winston, CR20-0126RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 2 of 13
1 imposed. This could result in Defendant serving a total term of imprisonment greater
2 than the statutory maximum stated above.
3 Defendant understands that, as a part of any sentence, in addition to any term of
4 imprisonment and/or fine that is imposed, the Court may order Defendant to pay
5 restitution to any victim of the offense, as required by law.
6 Defendant further understands that the consequences of pleading guilty may
7 include the forfeiture of certain property, either as a part of the sentence imposed by the
8 Court or as a result of civil judicial or administrative process.
9 Defendant agrees that any monetary penalty the Court imposes, including the
10 special assessment, fine, costs, or restitution, is due and payable immediately and further
11 agrees to submit a completed Financial Statement of Debtor form as requested by the
12 United States Attorney’s Office.
13 Rights Waived by Pleading Guilty. Defendant understands that, by
14 pleading guilty, Defendant knowingly and voluntarily waives the following rights:
15 a. The right to plead not guilty and to persist in a plea of not guilty;
16 b. The right to a speedy and public trial before a jury of Defendant’s
17 peers;
18 c. The right to the effective assistance of counsel at trial, including, if
19 Defendant could not afford an attorney, the right to have the Court
20 appoint one for Defendant;
21 d. The right to be presumed innocent until guilt has been established
22 beyond a reasonable doubt at trial;
23 e. The right to confront and cross-examine witnesses against Defendant
24 at trial;
25 f. The right to compel or subpoena witnesses to appear on Defendant’s
26 behalf at trial;
27 g. The right to testify or to remain silent at trial, at which trial such
28 silence could not be used against Defendant; and
Plea Agreement - 3 UNITED STATES ATTORNEY
701 STEWART STREET, SUITE 5220
United States v. Darrell N. Winston, CR20-0126RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 4 of 13
1 the payments from the King Country Treasurer to City Biz). Defendant will receive
2 credit for any amounts already paid by him.
3 The full amount of restitution shall be due and payable immediately on entry of
4 judgment and shall be paid as quickly as possible. If the Court finds that Defendant is
5 unable to make immediate restitution in full and sets a payment schedule as contemplated
6 in 18 U.S.C. § 3664(f), Defendant agrees that the Court’s schedule represents a minimum
7 payment obligation and does not preclude the U.S. Attorney’s Office from pursuing any
8 other means by which to satisfy Defendant’s full and immediately-enforceable financial
9 obligation, including, but not limited to, by pursuing assets that come to light only after
10 the district court finds that Defendant is unable to make immediate restitution.
11 Defendant agrees to disclose all assets in which Defendant has any interest or over
12 which Defendant exercises control, directly or indirectly, including those held by a
13 spouse, nominee, or third party. Defendant agrees to cooperate fully with the United
14 States’ investigation identifying all property in which Defendant has an interest and with
15 the United States’ lawful efforts to enforce prompt payment of the financial obligations to
16 be imposed in connection with this prosecution. Defendant’s cooperation obligations are:
17 (1) before sentencing, and no more than 30 days after executing this Plea Agreement,
18 truthfully and completely executing a Financial Disclosure Statement provided by the
19 United States Attorney’s Office and signed under penalty of perjury regarding
20 Defendant’s and Defendant’s spouse’s financial circumstances and producing supporting
21 documentation, including tax returns, as requested; (2) providing updates with any
22 material changes in circumstances, as described in 18 U.S.C. § 3664(k), within seven
23 days of the event giving rise to the changed circumstances; (3) authorizing the United
24 States Attorney’s Office to obtain Defendant’s credit report before sentencing;
25 (4) providing waivers, consents or releases requested by the U.S. Attorney’s Office to
26 access records to verify the financial information; (5) authorizing the U.S. Attorney’s
27 Office to inspect and copy all financial documents and information held by the U.S.
28 Probation Office; (6) submitting to an interview regarding Defendant’s Financial
Plea Agreement - 9 UNITED STATES ATTORNEY
701 STEWART STREET, SUITE 5220
United States v. Darrell N. Winston, CR20-0126RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 10 of 13
1 Statement and supporting documents before sentencing (if requested by the United States
2 Attorney’s Office), and fully and truthfully answering questions during such interview;
3 and (7) notifying the United States Attorney’s Office before transferring any interest in
4 property owned directly or indirectly by Defendant, including any interest held or owned
5 in any other name, including all forms of business entities and trusts.
6 The parties acknowledge that voluntary payment of restitution prior to the
7 adjudication of guilt is a factor the Court considers in determining whether Defendant
8 qualifies for acceptance of responsibility pursuant to USSG § 3E1.1(a). In addition, in
9 any event, the government will consider Defendant’s cooperation regarding restitution in
10 making its sentencing recommendation.
11 Non-Prosecution of Additional Offenses. As part of this Plea Agreement,
12 the United States Attorney’s Office for the Western District of Washington agrees not to
13 prosecute Defendant for any additional offenses known to it as of the time of this Plea
14 Agreement based upon evidence in its possession at this time, and that arise out of the
15 conduct giving rise to this investigation. In this regard, Defendant recognizes the United
16 States has agreed not to prosecute all of the criminal charges the evidence establishes
17 were committed by Defendant solely because of the promises made by Defendant in this
18 Plea Agreement. Defendant agrees, however, that, for purposes of preparing the
19 Presentence Report, the United States Attorney’s Office will provide the United States
20 Probation Office with evidence of all conduct committed by Defendant.
21 Defendant agrees that any charges to be dismissed before or at the time of
22 sentencing were substantially justified in light of the evidence available to the United
23 States, were not vexatious, frivolous or taken in bad faith, and do not provide Defendant
24 with a basis for any future claims under the "Hyde Amendment," Pub. L. No. 105-119
25 (1997).
26 Breach, Waiver, and Post-Plea Conduct. Defendant agrees that, if
27 Defendant breaches this Plea Agreement, the United States may withdraw from this Plea
28 Agreement and Defendant may be prosecuted for all offenses for which the United States
Plea Agreement - 10 UNITED STATES ATTORNEY
701 STEWART STREET, SUITE 5220
United States v. Darrell N. Winston, CR20-0126RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 11 of 13
1 has evidence. Defendant agrees not to oppose any steps taken by the United States to
2 nullify this Plea Agreement, including the filing of a motion to withdraw from the Plea
3 Agreement. Defendant also agrees that, if Defendant is in breach of this Plea Agreement,
4 Defendant has waived any objection to the re-institution of any charges that previously
5 were dismissed or any additional charges that had not been prosecuted.
6 Defendant further understands that if, after the date of this Agreement, Defendant
7 should engage in illegal conduct, or conduct that violates any conditions of release or the
8 conditions of confinement (examples of which include, but are not limited to, obstruction
9 of justice, failure to appear for a court proceeding, criminal conduct while pending
10 sentencing, and false statements to law enforcement agents, the Pretrial Services Officer,
11 Probation Officer, or Court), the United States is free under this Plea Agreement to file
12 additional charges against Defendant or to seek a sentence that takes such conduct into
13 consideration by requesting the Court to apply additional adjustments or enhancements in
14 its Sentencing Guidelines calculations in order to increase the applicable advisory
15 Guidelines range, and/or by seeking an upward departure or variance from the calculated
16 advisory Guidelines range. Under these circumstances, the United States is free to seek
17 such adjustments, enhancements, departures, and/or variances even if otherwise
18 precluded by the terms of the Plea Agreement.
19 Waiver of Appellate Rights and Rights to Collateral Attacks.
20 Defendant acknowledges that, by entering the guilty plea required by this Plea
21 Agreement, Defendant waives all rights to appeal from Defendant’s conviction and any
22 pretrial rulings of the Court. Defendant further agrees that, provided the Court imposes a
23 custodial sentence that is within or below the Sentencing Guidelines range (or the
24 statutory mandatory minimum, if greater than the Guidelines range) as determined by the
25 Court at the time of sentencing, Defendant waives to the full extent of the law:
26 a. Any right conferred by Title 18, United States Code, Section 3742,
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Plea Agreement - 11 UNITED STATES ATTORNEY
701 STEWART STREET, SUITE 5220
United States v. Darrell N. Winston, CR20-0126RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 12 of 13