Kathy Stewart 2
Kathy Stewart 2
PLEA AGREEMENT
KATHY DRAWDY STEWART
General Provisions
-Llday of .dG
This PLEA AGREEMENT is made this rJ t14.l 202l. between the
Assistant United States Attorneys Elliott B. Daniels and Elle E. Klien; the Defendant, KATHY
IN CONSIDERATION of the mutual promises made herein, the parties agree as follows:
l. The Defendant agrees to waive Indictment and arraignment, and to plead guilty to Counts
U.S.C. $ 1343. [n order to sustain its burden of proof, the Government is required to prove
the following:
Counts 3 and 4
(Wire Fraud)
A. First, that the defendant devised or intended to devise a scheme to defraud or for
obtaining money or property by means of false or fraudulent pretenses,
representations, or promises that were material; and
B. Second, that, for the purpose of executing the scheme, the defendant transmitted or
caused to be transmitted by means of wire, radio, or television communication in
interstate or foreign commerce any writings, signs, signals, picfures, or sounds.
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2 The Defendant understands and agrees that monetary penalties (i.e., special assessments,
restitution, fines and other payments required under the sentence) imposed by the Court
are due and payable immediately and subject to enforcement by the United States as civil
judgments, pursuant to 18 U.S.C. $ 3613. In the event the Court imposes a schedule for
payment of restitution, the Defendant also understands that payments made in accordance
with installment schedules set by the Court are minimum payments only and do not
preclude the Govemment from seeking to enforce thejudgment against other assets ofthe
Defendant at any time, as provided in 18 U.S.C. $$ 3612, 3613, and 3664(m). The
Defendant further agrees to enter into the Bureau ofPrisons Inmate Financial Repayment
Defendant further understands that any monetary penalty imposed is not dischargeable in
bankruptcy.
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interviews by the govemment and the U.S. Probation Office regarding the
Defendant's capacity to satisfy any fines or restitution. The Defendant
expressly authorizes the U.S. Attorney's Office to immediately obtain a
credit report on the Defendant in order to evaluate the Defendant's ability to
satisry any financial obligation imposed by the Court. The Defendant
understands that the Defendant has a continuing obligation to pay in full as
soon as possible any t'inancial obligation imposed by the Court.
C Fines: T"be Defendant understands that the Court may impose a frne
pursuant to 18 U.S.C. $$ 3571 and 3572.
3. Provided the Defendant complies with all the terms of this Agreement, the United States
agrees to move to dismiss the remaining counts ofthe Information (and any other charging
documents under this number) at sentencing. The Defendant understands that the Court
may consider these dismissed counts as relevant conduct pursuant to $ 1B1.3 ofthe United
4. The Defendant understands that the obligations of the Govemment within the Plea
Agreement are expressly contingent upon the Defendant's abiding by federal and state laws
and complying with any bond executed in this case. In the event that the Defendant fails
to comply with any of the provisions of this Agreement, either express or implied, the
Govemment will have the right, at its sole election, to void all of its obligations under this
Agreement and the Defendant will not have any right to withdraw his/her plea of guilty to
Cooneration nd Forfeiture
5 The Defendant agrees to be fully truthful and forthright with federal, state and local law
enforcement agencies by providing full, complete and tn:thful information about all
criminal activities about which he/she has knowledge. The Defendant must provide full,
complete and tnrthfirl debriefings about these unlawful activities and must fully disctose
and provide truthful information to the Govemment including any books, papers, or
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documents or any other items of evidentiary value to the investigation. The Defendant
must also testifo fully and truthfully before any grand juries and at any trials or other
for not testifiing truthfully. The lailure of the Defendant to be fully truthful and forthright
at any stage will, at the sole election of the Govemment, cause the obligations of the
Govemment within this Agreement to become null and void. Further, it is expressly agreed
that if the obligations of the Government within this Agreement become null and void due
to the lack of truthfulness on the part of the Defendant, the Defendant understands that:
A. the Defendant will not be permitted to withdraw his/her plea of guilty to the
offenses described above;
C. the Govemment will argue for a maximum sentence for the offense to which
the Defendant has pleaded guilty; and
D. the Govemment will use any and all information and testimony provided by
the Defendant pursuant to this Agreement, or any prior proffer agreements,
in the prosecution ofthe Defendant ofall charges.
the Govemment and agrees that any such examinations shall be performed by a polygraph
examiner selected by the Govemment. Defendant further agrees that his/her refusal to take
or hiVher failure to pass any such polygraph examination to the Govemment's satisfaction
will result, at the Govemment's sole discretion, in the obligations of the Government within
7 The Govemment agrees that any self-incriminating information provided by the Defendant
as a result of the cooperation required by the terms of this Agreement, although available
to the Court, will not be used against the Defendant in determining the Defendant's
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applicable guideline range for sentencing prusrxxit to the United States Sentencing
Commission Guidelines. The provisions of this paragraph shall not be applied to restrict
D. in the event the Defendant breaches any of the terms ofthe Plea Agreement;
or
8. Provided the Defendant cooperates pursuant to the provisions of this Plea Agreement, and
investigation or prosecution of another person, the Govemment agrees to move the Court
Procedure 35(b). Any such motion by the Government is not binding upon the Court, and
should the Court deny the motion, the Defendant will have no right to withdraw his/her
plea.
9 The Defendant agrees to voluntarily sunender to, and not to contest the forfeiture ofany
and all assets and property, or portions rhereof, which are subject to forfeiture pursuant to
any provision of law, including but not limited to, property in the possession or control of
the Defendant or Defendant's nominees. Specifically, the Defendant agrees to voluntarily
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srnrender, and not contest the forfeiture of property identified in the Information, and any
A sum ofmoney equal to all proceeds the Defendant obtained, directly or indirectly,
from the offenses charged in the Information, that is, a minimum of $280,000 in U.S.
currency, and all interest and proceeds traceable thereto, and/or such sum that equals
all property derived from or traceable to her violations of l8 U.S.C. $ 1343.
With regard to each and every asset listed in the Information or seized in a related
investigation or administrative, state, or local action, the Defendant stipulates and agrees:
The Defendant agrees and consents to the forfeiture of these assets pursuant to any
federal criminal, civit judicial or administrative forfeiture action. The Defendant also
hereby agrees to waive all constitutional, statutory and procedural challenges in any
manner (including direct appeal, habeas corpus, or any other means) to any forfeiture
carried out in accordance with this Plea Agreement on any grounds, including that the
forfeiture described herein constitutes an excessive fine, was not properly noticed in
the charging instrument, addressed by the Court at the time of the guilty plea,
announced at sentencing, or incorporated into thejudgment.
That the Defendant has or had a possessory interest or other legal interest in each item
or property.
To assist the United States in the recovery ofall assets by (i) taking whatever steps are
necessary or requested by the United States to pass clear title to the United States; (ii)
preventing the disbursement ofany moneys and sale ofany property or assets; (iii) not
encumbering or transferring any real estate after the Defendant,s signing of this plea
Agreement; and (iv) directing all financial institutions to tum over and surrender to the
united states all funds and records regarding accounts listed in any document signed
by the Defendant pursuant to this plea agreement, as criminal proceeds or subst]tute
property.
The Defbndant waives all rights to notice offorfeiture under Rule 32.2 and ofany other
action or proceeding regarding such assets. The Defendant consents and waives all
rights to compliance by the united states with any applicable deadlines under lg
U:S.C. $ 983(a). Any related administrative claim filed by the Defendant is hereby
withdrawn.
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Pursuant to Rule 32.2(b)(4), the Defendant agrees that the preliminary order of
forfeiture will satisfu the notice requirement and will be final as to the Defendant at the
time it is entered. In the event the forfeiture is omifted from the judgment, the
Defendant agrees that the tbrl'eiture order may be incorporated into the wdtten
judgment at any time pursuant to Rule 36.
Ifthe United States discovers that the Defendant has not fully disclosed all assets, the
United States may seek forfeiture of any subsequently-discovered assets, and the
Defendant agrees to the immediate forleiture ofany such assets.
The Defendant further agrees to make a full and complete disclosure ofall assets over
which Defendant exercises control and those which are held or controlled by nominees.
The Defendant agrees that Federal Rule of Criminal Procedure I I and $ 181.8 ofthe
United States Sentencing Commission Guidelines will not protoct from forfeiture,
assets disclosed by the Defendant as part of his/her cooperation. The Defendant further
agrees to submit to a polygraph examination on the issue of assets if it is deemed
necessary by the United States.
The Defendant agrees to waive any doublejeopardy claims the Defendant may have as
a result ofa forfeiture proceeding against any ofthese properties as provided for by this
Plea Agreement and agrees to waive any claims that the forleiture described herein
constitutes an excessive fine.
Forfeiture of the Defendant's assets shall not be treated as satisfaction of any fine,
restitution, cost of imprisonment, or any other penalty the Court may impose upon the
Defendant in addition to forfeiture. The United States may use the value of forfeited
property for restitution, but is not required to do so.
10. The Defendant also agrees to voluntarily transfer all right, title, interest and claim in the
above-described property and/or assets to the United States of America. Furthermore, the
Defendant attests, under penalty of perjury, that the Defendant owns the above-described
property and/or assets free of any liens and encumbrances, and that no other person or
I l. The Aftorneys for the Government agree to recommend that the Defendant not be
prosecuted for any similar or related state crimes, stemming from the conduct from in or
around 2016 through in or around 2023, so long as the Defendant complies with the terms
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of this Plea Agreement. The Defendant understands that this is only a recommendation
and is not binding upon the Richland County Solicitor's Office. Furthermore, the
Defendant fully understands that he/she has no right to withdraw hiVher guilty plea should
t2. The Defendant represents to the court that he/she has met with his/her attomey on a
sufficient number ofoccasions and for a sufficient period of time to discuss the Defendant's
case and receive advice; that the Defendant has been truthful with his/her attomey and
related all information of which the Defendant is aware pertaining to the case; that the
Defendant and his/her attomey have discussed possible defenses, ifany, to the charges in
witnesses, discussed the Defendant's right to a public trial byjury or by the Court, the right
to the assistance of counsel throughout the proceedings, the right to call witnesses in the
Defendant's behalfand compel their attendance at trial by subpoena, the right to confront
and cross-examine the Govemment's witnesses, the Defendant's right to testifu in his/her
own behalf, or to remain silent and have no adverse inferences drawn from his/her silence;
and that the Defendant, with the advice ofcounsel, has weighed the relative benefits ofa
trial by jury or by the Court versus a plea of guilty pursuant to this Agreement, and has
entered this Agreement as a matter of the Defendant's free and voluntary choice, and not
13. The Defendant is aware that l8 U.S.C. g 3742 and 28 U.S.C. g 2255 afford every defendant
certain rights to contest a conviction and/or sentence. Acknowledging those rights, the
Defendant, in exchange for the concessions made by the Govemment in this plea
Agreement, waives the right to contest either the conviction or the sentence in any direct
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appeal or other post-conviction action, including any proceedings under 28 U.S.C. $ 2255.
This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial
misconduct, or future changes in the law that affect the Defendant's sentence. This
agreement does not affect the rights or obligations of the Govemment as set forth in 18
U.S.C. $ 3742(b). Nor does it limit the Govemment in its comments in or responses to any
post-sentencing matters.
14. The Defendant waives all rights, whether asserted directly or by a representative, to request
or receive from any department or agency of the United States any records pertaining to
the investigation or prosecution of this case, including without timitation any records that
may be sought under the Freedom of lnformation Act, 5 U.S.C. $ 552, or the Privacy Act
15. The parties hereby agree that this Plea Agreement contains the entire agreement of the
parties; that this Agreement supersedes all prior promises, representations and statements
of the parties; that this Agreement shall not be binding on any party until the Defendant
tenders a plea ofguilty to the court having jurisdiction over this matter; that this Agreement
may be modified only in writing signed by all pa(ies; and that any and all other promises,
representations and statements, whether made prior to, contemporaneous with or after this
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g,
I , Date ho>L+ WDY S
t -3- ).5)\
Date J S. Gasser,
Attomev
ADAIR F. BOROUGHS
Date
3 7o 1 Iil ott B. (Fed. ID
Elle E. Klein (Fed. ID No. 12941)
Assistant United States Attorney
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3:24-cr-00002-JFA Date Filed 01/03/24 Entry Number 4 Page 11 of 11
This statement reflects your special assessment only. There may be other penalties imposed
at sentcncing.
Dlea agreement.
ACCOUNT INFORMATION
INCLUDE DEFENDANT'S NAME ON CHECK OR MONEY ORDER (Do Not send casl)
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