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Office of Labor-Management Standards (OLMS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OAKLAHOMA

UNITED STATES OF AMERICA,

 

Plaintiff,

 

v.

No. CR-06-216-HE

NATHANIEL MARC GREEN

CRIMINAL NO. 1:07CR-044

Defendant.

 

PLEA AGREEMENT

Introducing

  1. This document contains the entire plea agreement between defendant, NATHANIEL MARL GREENE, and the United States through its undersigned attorney. No other agreement or promise exists, nor may any additional agreement be entered into unless in writing and signed by all parties. Any unilateral modification of this agreement is hereby rejected by the United States. This agreement applies only to the criminal violations described and does not apply to any civil matter or any civil forfeiture proceeding except as specifically set forth. This agreement binds only the United States Attorney's Office of the Western District of Oklahoma and does not hind any other federal, state or local prosecuting administrative or regulatory authority. If defendant does not accept the terms of this agreement by April 4, 2007 at 5:00 p.m., the offer is withdrawn.
  2. Defendant agrees to enter a plea of guilty to Count Five in Case Number CR-06-219-HE charging the making of a false statement in violation of 18 U.S.C. 1001(a)(3). To be found guilty of violating 18 U.S.C. 1001 (a)(3), as charged in the Superseding Indictment, defendant must admit that he: 1) made or used false writing or document; 2) the defendant knew the LM-3 reports contained a false statement or entry at the time he made or used the report; 3) acted willfully; 4) the matter involved was within the jurisdiction of the United States; and the 5) the false writing was material.

Maximum Penalty, Restitution and Special Assessments

  1. The maximum penalty that could be imposed as a result of this plea is not more than five (5) year imprisonment or a fine of $250,000.00, or both such fine and imprisonment, as well as a mandatory special assessment of $100.00, and a term of supervised release of not more than (1) year.
  2. In addition, the Court must order the payment of restitution to the victim(s) of the offense.
  3. Defendant agrees to pay the special assessment due the United States to the Office of the United States Court Clerk immediately following sentencing. Defendant understands that any fine or restitution ordered by the Court is immediately due unless the Court provides for payment on a date certain or in installments.
  4. For certain statutory offenses, the Court must also impose a term of supervised release, which defendant will begin to serve after being released from custody. For all other offenses, the court may impose a term of supervised release to be served following release from and include prohibitions against violating local, state or federal law, reporting requirements, restrictions on travel and residence, and possible testing for controlled substance use. If defendant violates the conditions this supervised release. The Court may revoke his supervised release, and sentence him to an additional term of imprisonment. This additional term of imprisonment would be served without credit for the time defendant successfully spent on supervised release. When combined, the original term of imprisonment and my subsequent term of imprisonment the Court imposes may exceed the statutory maximum prison term allowable for the offense.

Sentencing Guidelines

  1. The parties acknowledge that Title 18, United States Code, Section 3553(a), directs the Court to consider certain factors in imposing sentence, including the Sentencing Guidelines promulgated by the United States Sentencing Commission. Consequently, although the parties recognize that the Sentencing Guidelines are only advisory, they have entered into certain stipulations and agreements with respect to the Guidelines. Hasid upon, the information that is known to the parties on the date this agreement is executed, they expect to take, but are not limited to, the following positions at sentencing: None

    To the extent the Court finds defendant qualifies under USSG 3E1.1 (a) for a 2-level downward adjustment for acceptance of responsibility, and USSG 3E1.1(b) is applicable, the government does not agree to move for the additional l-level downward adjustment of 3E1.1(b).

    Apart from any expressed agreements and stipulations, the parties reserve the right to advocate for, and present evidence relevant to, other guideline adjustments and sentencing factors for consideration by the U.S. Probation Office and the Court.

    Defendant also acknowledges and understands that the Court is not bound by, nor obligated to accept, these stipulations, agreements, or recommendations of the United States or defendant. And, even if the Court rejects one or more of these stipulations, agreements, or recommendations, that fact alone would not allow defendant to withdraw his plea of guilty. It is the expectation of the United States that its criminal investigation of defendant's conduct (as opposed to the wrongdoing of others) wilt cease upon the signing of this plea agreement. However, subject to the terms and conditions of this plea agreement {particularly the conditions concerning I B 3.8 set out in paragraph 11), the United States expressly reserves the right to take positions that deviate from the foregoing stipulations, agreements, or recommendations is the event that material credible evidence requiring such a deviation is discovered during the course of the United States investigate on subsequent to the signing of this agreement or arises from sources independent of the United States, including the U.S. Probation Office.

Waiver of Mt to Appeal and Bring Collateral Challenge

  1. Defendant understands that the Court will consider those factors in Title 18, United States Code, Section 3553(a) in determining his sentence. Defendant also understands that the Court has jurisdiction and authority to impose any sentence within the statutory maximum for the offense (6) to which he is pleading guilty. Defendant further understands that Title 28, United States Code, Section 1291, and Title 18, United States Code, Section 3742, give him the right to appeal the judgment and sentence imposed by the Court. Acknowledging all LM5, defendant in exchange for the promises and concessions made by the United States in this plea agreement, knowingly and voluntarily waives his right to:
    1. imposed, and any other aspect of his conviction, including but not limited to any rulings an pretrial suppression motions or any other pretrial dispositions of motions mid issues;
    2. Appeal, collaterally challenge, or move, to modify under 18 U.S.C. 3582(c)(2) or some other ground, his sentence as imposed by the Court and the mariner in which the sentence is determined, provided the sentence is within or below the advisory guideline range determined by the Court to apply to this case. Defendant acknowledges that this waiver remains in M effect and is enforceable, even if the Court rejects one or more of the positions of the United Status Dr defendant set forth in paragraph 7.
    3. It is provided that defendant specifically does not waive the right to appeal a sentence above the advisory sentencing guideline range determined by the Court to apply to this case.
  2. The United States agrees to waive its right under 18 U.S.C. 3742 to appeal the sentence imposed by the Court and the manner in which the sentence was determined, provided defendant's sentence is within the advisory guideline range; determined by the Court to apply to this case. By this agreement, the United States specifically does not waive its right to appeal a sentence below the advisory sentencing guideline range determined by the Court to apply to this Cape.

Waiver of Claim to Prevailing Party Status

  1. Defendant expressly acknowledges that he is not a "prevailing party' within the meaning of 18 U.S.C 3006A with respect to the count of conviction or any other count or charge that may be dismissed pursuant to this agreement. If defendant is represented by retained counsel, attorney's fees and other litigation expenses under 18 U.S.C. 3006A.

Obligations of Defendant

  1. Defendant agrees to cooperate fitly with the United States by providing truthful, candid and complete information as to all matters within his knowledge concerning his wrongful conduct as well as any wrongful conduct involving others. Defendant shall commit no further crimes.
  2. Moreover, the parties also recognize that the United States specifically reserves the right to (a) use any statements made by defendant to impeach him if he ever testifies in an inconsistent or contrary manner daring any trial or other proceeding; and (b) to pursue and investigate any leads which may arise from statements made by defendant.
  3. It is understood that, should defendant commit any further crimes or should it be determined that he has knowingly given false, incomplete, or misleading testimony or information, or should he otherwise violate any provision of this agreement, the United States may declare this agreement null and void and prosecute defendant for any and all his federal criminal violations, including perjury and obstruction of justice. Any such prosecution that is not time-barred by the applicable statute of limitations on the date of the signing of this agreement may be brought against defendant, notwithstanding the expiration of the statute of limitations between the signing of this agreement and the commencement of such prosecution. Defendant herby waives all defenses based on the statute of limitations with respect to any prosecution that is not time-barred on the date that this agreement is signed.
  4. Committed any further crimes, knowingly given false, incomplete, or misleading testimony or information, or otherwise violated any provision of this agreement, (a) all statements made by defendant to the United States or other designated law enforcement agents, and any leads from such statements or testimony shall be admissible in evidence in any criminal proceeding brought against defendant; and (b) defendant shall assert no claim under the United States Constitution, any statute, Rule I I (f) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal rule or law that such statements or any leads therefrom should be suppressed. It is the intent of this agreement to waive all rights in the foregoing respects.

The Obligations of the United States

  1. If defendant enters a plea of guilty as described above and fully meets all obligations under this agreement the United States will move to dismiss the Indictment and Counts One through Four and Count Six of the Superseding Indictment and he will not be further prosecuted by the United States Attorneys Office far the Western District of Oklahoma for any crimes related to his participation in any embezzlement from AFGE Local Union 2562 or for the filing of false LW Reports for AFG8 Local Union 2562 during the period from January 1, 2001 through December 11, 2003. This agreement does not provide any protection against prosecution for any crime not specifically described above.
  2. It is understood that the sentence to be imposed upon defendant is within the sole discretion of the Court. The United States does not make any promise or representation as to what sentence defendant will receive. The United States reserves the right to inform the Probation Office and the Court of (a) the nature and extent of defendant's activities with respect to this case and all other activities of defendant which the United States deems relevant to sentencing.
  3. By signing this agreement, defendant acknowledges that he has discussed its terms with his attorney and understands and accepts those terms. Further, defendant acknowledges that this document contains the only terms of the agreement concerning his plea of guilty in this case, and that there are no other deals, bargains, agreements, or understandings which modify or alter these terms.

Dated this 2nd day of April 2007

APPROVED:

JOHN C. RICHTER
United States Attorney

VICKI ZEMP BEHANA
Assistant U.S. Attorney
Western District of Oklahoma
210 W. Park Avenue, Suite 400
Oklahoma City, Oklahoma 73102
(405) 553-8753 (Office)
(405) 553-8888 (Fax)

NATHANIEL MARC GREENE
Defendant

JEFFERY W. MASSEY
Attorney for Defendant