Dean Plea Agreement

8/11/2019 Dean Plea Agreement

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IN THE

UNITED STATES DISTRICT COURT

FOR THE

SOUTHERN

DISTRICT

OF OHIO

EASTERN

DIVISION

UNITED

STATES OF AMERICA

Case

No. 2:13-CR-283

Plaintiff,

JUDGE MICHAEL

H. WATSON

vs.

STEVEN

EDWARD

DEAN,

Defendant.

PLEA AGREEMENT

Plaintiff United States of America and Defendant STEVEN EDWARD DEAN

(the Parties ) hereby enter into the following Plea Agreement ( Agreement ) pursuant to Rule

11 (c) and Rule II (c)( 1 (C)

of

the Federal Rules

of

Criminal Procedure:

1

Defendant STEVEN EDWARD DEAN, will enter pleas of guilty to two counts of

a Superseding Information charging him in Count 1 with embezzlement from a program

receiving federal funds in violation

of

18 U.S.C. 666(a)(l)(A); and in Count 2 with theft

of

public property in violation of

18

U.S.C. 641. Defendant further agrees to a Forfeiture by entry

of a forfeiture judgment in the amount

of

$251,570.94 in violation of 18 U.S.C. 982(a)(3).

The defendant understands his right to proceed by Indictment returned by a Grand Jury instead

of by Information, but hereby waives his right to prosecution by Indictment filed in this case.

2

Defendant understands the penalties which may be imposed pursuant to his pleas

of guilty to Count 1 and Count 2

of

the Superseding Information, as to each count, are a

maximum term of imprisonment of ten (10) years; a fine of $250,000; three (3) years of

Case: 2:13-cr-00283-MHW-TPK Doc #: 23 Filed: 02/07/14 Page: 1 of 7 PAGEID #: 58


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supervised release. The defendant understands that the Court could impose each term

o

imprisonment consecutively, that is, one term o imprisonment could be added to the amount o

prison time to be served on the other count. The Parties agree that the provisions

o

U.S.S.G.

3D1.2 and 3D1.3 apply so that each count o conviction o the two closely related counts in

the Superseding Information should be grouped and not imposed consecutively.

3 Defendant STEVEN EDWARD DEAN will pay a special assessment o 200.00,

as required in

18

U.S.C. 3013. This payment shall be made to the United States District Court

Clerk, 85 Marconi Boulevard, Columbus, Ohio 43215. This assessment shall be paid by

defendant before sentence is imposed and defendant will furnish a receipt or other evidence o

payment at the time

o

sentencing.

4 Defendant STEVEN EDWARD DEAN, agrees to voluntarily surrender for

forfeiture to the United States all o his right, title and interest in any and all property real or

personal, which represents or is traceable to the gross receipts obtained, directly or indirectly as a

result o the activities alleged in Count 1 and Count 2 o the Superseding Information, including

but not limited to, the forfeiture

o

251,570.94 by entry

o

a forfeiture money judgment.

Defendant STEVEN EDWARD DEAN, agrees to assist the United States in identifying assets to

satisfy the money judgment. Further, Defendant STEVEN EDWARD DEAN, agrees not to

contest the forfeiture, whether administrative, civil or criminal o the assets identified to satisfy

said money judgment. In addition, Defendant STEVEN EDWARD DEAN, agrees to assist the

United States to resolve in its favor any third-party claims to the subject property. Finally, the

Defendant waives any failure by the Court to fully comply with the requirements in Fed R Crim.

P 32.2(b)(4).

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5 Defendant STEVEN EDWARD DEAN further understands that he has the

following rights, among others:

a To be represented by an attorney at every stage

of

the proceeding,

and that, if necessary, one will be appointed to represent him;

b To plead not guilty and to be tried by a jury;

c

To be assisted by counsel during such trial;

d

To confront and cross-examine adverse witnesses;

e

To use compulsory process to summon witnesses for the defense;

f

Not to be compelled to testify; and

g To be presumed innocent throughout trial until and unless found

guilty by a jury.

6 Defendant STEVEN EDWARD DEAN understands that

if

his pleas of guilty to

the charges set forth in the Superseding Information are accepted by the Court, there will not be a

further trial of any kind, so that by pleading guilty to each offense, he waives or gives up his

right to a trial.

7 Defendant STEVEN EDWARD DEAN understands that the Court intends to

question him on the record about the offenses to which he pleads guilty, which questioning may

be under oath and which could provide a basis for a later prosecution of this defendant for

perjury or false statements if he does not tell the truth.

8

The Parties agree that: (a) defendant s guilty pleas to the two counts in the

criminal Superseding Information herein shall be entered and not withdrawn; (b) defendant shall

remain in custody through the time of service of any term of imprisonment; and (c) defendant

shall act

in

accordance with all other terms

of

this Agreement. f these terms are met, the

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United States Attorney agrees: (1 not to charge the defendant with any other offense involving

theft and/or embezzlement from government funded programs, any acts regarding the

defendant's role

as

a police officer involved with the DRMO program, and other acts arising

from the circumstances

of

this case

as

set forth

in

the Superseding Infonnation and Statement

of

Facts; and (2) at sentencing, to dismiss the cuiTent Indictment which charges threats in violation

of

18

U.S.C. 875(c), in the above entitled case.

9.

Pursuant to Fed.R.Crim.P. 11(c)(l)(C) the Parties enter into a binding agreement

that pursuant to U.S.S.G. 2B1.1, the loss in this case totals 251,570.94, and the factual basis

for this amount is set forth

in

the Statement

of

Facts.

10.

The United States Attorney for the Southern District of Ohio recommends that

as

of

the time

of

the execution

of

this Plea Agreement Defendant STEVEN EDWARD DEAN has

accepted responsibility for the offenses

to

which he has agreed

to

plead guilty and is entitled

to

a

2 level decrease in his offense level pursuant to U.S.S.G.

3E 1.1. If he continues

to

accept

responsibility through the time

of

sentencing, and his offense level is

16

or greater, the United

States will inform the Court pursuant to U.S.S.G.

3El.l b)

that the defendant has timely

notified authorities

of

his intention

to

plead guilty and will recommend a further 1 level decrease

in his offense level.

11. Defendant STEVEN EDWARD DEAN is aware that, in light

of

United States

v

Booker 125

S.Ct. 738 (2005), the United States Sentencing Guidelines are advisory and are

no

longer mandatory and that the Court otherwise

is

required to impose a sentence consistent with

the factors set forth

in 18

U.S.C.

3553(a). The defendant

is

aware that the Court

has

jurisdiction and authority to impose any sentence within the statutory maximum set forth for

the

offenses to which the defendant pleads guilty. The defendant is aware that the Court has not

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yet determined a sentence.

The defendant is further aware that any estimate o a probable

sentencing range under the guidelines that the defendant may have received, or may receive in

the future, from his counsel, the United States, or the probation office is a prediction, not a

promise, and is not binding on the United States, the Probation Department or the Court. The

United States makes no promise or representation concerning the sentence that the defendant will

receive, and the defendant cannot withdraw his guilty pleas based upon the actual sentence.

12

Defendant understands that this Agreement does not protect him from prosecution

for perjury, should he testify untruthfully, or for making false statements, nor does it protect him

from prosecution for other crimes or offenses to which he does not make admissions or give

truthful information and which the United States discovers by independent investigation.

Further, should defendant fail

to

comply fully with the terms and conditions set forth herein or

should he fail to appear as required for sentencing, this Agreement is voidable at the election o

the United States, in which case the defendant shall be subject to prosecution as i the Agreement

had never been made.

13 The defendant waives any motions described in Fed.R.Crim.P.l2(b)(3), regarding

pretrial motions, any and all motions, defenses, probable cause determinations, and objections

which the defendant could assert to the Superseding Information or the Court s entry o judgment

against the defendant and imposition

o

sentence upon the defendant, providing the sentence is

consistent with this Agreement. However, the defendant retains the right to contest and argue the

application o any and all U.S. Sentencing Guidelines and appeal all Guideline calculations and the

application thereof. The defendant further waives: (a) any right to appeal the Court s entry o

judgment against defendant; (b) any right

to

collaterally attack defendant s conviction and

sentence under 28 U.S.C. 2255, or any other collateral attack; and (c) any right to file a motion

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for modification of sentence, including under 18 U.S.C. 3582(c). The defendant acknowledges

that this waiver shall result in the dismissal

of

any appeal or collateral attack the defendant might

file challenging his conviction or sentence in this case. f the defendant files a notice of appeal or

a habeas petition, notwithstanding this agreement, defendant agrees that this case shall, upon

motion of the United States, be remanded to the District Court to determine whether defendant is

in

breach

of

this agreement and,

if

so, to permit the United States to withdraw from the plea

agreement. This waiver shall not be construed to bar a claim by defendant

of

ineffective

assistance

of

counsel or prosecutorial misconduct.

14 The Patties understand that this Agreement and each

of

its terms are not binding

on the Court, except for pargraph 9 regarding the loss amount, and the final determination

concerning the terms rests with the Court.

f

the Court is not inclined to accept the loss amount

as agreed to

in

paragraph 9, this Agreement

is

null and void and the Government may proceed

with an Indictment for any offense conduct.

15

Defendant STEVEN EDWARD DEAN understands that he is not a prevailing

party as defined in

18

U.S.C. 3006A (statutory note captioned Attorney Fees and Litigation

Expenses to Defense ) and hereby expressly waives his right to sue the United States.

16 Defendant further understands and accepts that in addition to any criminal

sanctions, defendant may be subject to other civil and/or administrative consequences, including,

but not limited to, a prohibition against owning or possessing firearms, civil liability, and loss of

any professional license(s).

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17 No additional promises, agreements, or conditions have been made relative

to

this

matter other than those expressly set forth herein, and none will be made unless in writing and

signed by all Parties.

; f =

I L

T ~

D TED

1

7

STEVEN EDWARD DEAN

Defendant

Attorney for Defendant

DUGL/ij

w.

SQUiREs:s;: -

DEBORAH A SOLOVlf_.

Assistant United States Attorneys

303

Marconi Blvd., Suite 200

Columbus, Ohio 43215

614) 469-5715

Attorneys for the Government


Dean Plea Agreement

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Transcript of Dean Plea Agreement