Darrell Winston Plea

Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 1 of 13
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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.
16
17
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
1 1001(a)(2), contained in Count 1 of the Information. By entering a plea of guilty,

2 Defendant hereby waives all objections to the form of the charging document. Defendant
3 further understands that, before entering any guilty plea, Defendant will be placed under
4 oath. Any statement given by Defendant under oath may be used by the United States in
5 a prosecution for perjury or false statement.
6 Elements of the Offenses. The elements of the offense of False Statement
7 to which Defendant is pleading guilty are as follows:
8 First, the Defendant made a false statement;
9 Second, the statement was made in a matter within the jurisdiction of the Federal
10 Bureau of Investigation;
11 Third, Defendant acted willfully; that is, Defendant acted deliberately and with
12 knowledge both that the statement was untrue and that his or her conduct was unlawful;
13 and
14 Fourth, the statement was material to the activities or decisions of the Federal
15 Bureau of Investigation; that is, it had a natural tendency to influence, or was capable of
16 influencing, the agency’s decisions or activities.
17 The Penalties. Defendant understands that the statutory penalties
18 applicable to the offense of False Statement to which he is pleading guilty are as follows:
19 a maximum term of imprisonment of up to five (5) years, a fine of up to two hundred
20 fifty thousand dollars ($250,000), a period of supervision following release from prison
21 of up to three (3) years, and a mandatory special assessment of one hundred dollars
22 ($100). If a probationary sentence is imposed, the probation period can be for up to five
23 (5) years.
24 Defendant understands that supervised release is a period of time following
25 imprisonment during which Defendant will be subject to certain restrictive conditions and
26 requirements. Defendant further understands that, if supervised release is imposed and
27 Defendant violates one or more of the conditions or requirements, Defendant could be
28 returned to prison for all or part of the term of supervised release that was originally
(206) 553-7970
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
(206) 553-7970
1 h. The right to appeal a finding of guilt or any pretrial rulings.

2 United States Sentencing Guidelines. Defendant understands and
3 acknowledges that the Court must consider the sentencing range calculated under the
4 United States Sentencing Guidelines, and possible departures under the Sentencing
5 Guidelines, together with the other factors set forth in Title 18, United States Code,
6 Section 3553(a), including: (1) the nature and circumstances of the offense;
7 (2) Defendant’s history and characteristics; (3) the need for the sentence to reflect the
8 seriousness of the offense, to promote respect for the law, and to provide just punishment
9 for the offense; (4) the need for the sentence to afford adequate deterrence to criminal
10 conduct; (5) the need for the sentence to protect the public from further crimes of
11 Defendant; (6) the need to provide Defendant with educational and vocational training,
12 medical care, or other correctional treatment in the most effective manner; (7) the kinds
13 of sentences available; (8) the need to provide restitution to victims; and (9) the need to
14 avoid unwarranted sentence disparity among defendants involved in similar conduct who
15 have similar records. Accordingly, Defendant understands and acknowledges that:
16 a. The Court will determine Defendant’s Sentencing Guidelines range
17 at the time of sentencing;
18 b. After consideration of the Sentencing Guidelines and the factors in
19 18 U.S.C. § 3553(a), the Court may impose any sentence authorized by law, up to the
20 maximum term authorized by law;
21 c. The Court is not bound by any recommendation regarding the
22 sentence to be imposed, or by any calculation or estimation of the Sentencing Guidelines
23 range offered by the parties or the United States Probation Department, or by any
24 stipulations or agreements between the parties in this Plea Agreement; and
25 d. Defendant may not withdraw a guilty plea solely because of the
26 sentence imposed by the Court.
27 Ultimate Sentence. Defendant acknowledges that no one has promised or
28 guaranteed what sentence the Court will impose.
(206) 553-7970
1 Statement of Facts. The parties agree on the following facts. Defendant

2 admits he is guilty of the charged offense:
3
4 Defendant, DARRELL N. WINSTON, operated a
small business named City Biz that purportedly performed
5
electrical, plumbing, and excavation work. Defendant was a
6 long-time friend of A.T. Until his resignation in May 2019,
A.T. was a commissioner for King County Drainage Districts
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5 and 5A (collectively, “DD5”). The commissioners of DD5
8 were responsible for the construction and maintenance of
drainage systems, including drains and ditches, within DD5.
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10 In 2018, A.T. asked Defendant to provide him invoices
for work supposedly done cleaning DD5 ditches. Defendant
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subsequently provided A.T. with two invoices: one dated
12 October 8, 2018, in the amount of $24,083.57; and one dated
January 2, 2019, in the amount of $29, 671.37.
13
After receiving these invoices, A.T. and A.T.’s wife, J.T.,
14 who acted as secretary for DD5, submitted requests to the
King County Treasurer’s office to pay the invoices. The King
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County Treasurer’s office subsequently issued two checks to
16 City Biz, the first dated October 30, 2018, in the amount of
$24,083.57, and the second dated January 11, 2019, in the
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amount of $30,759.51.
18
Defendant deposited each of these checks into a
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business checking account associated with City Biz.
20 Defendant deposited the $24,083.57 check on November 2,
2018. That same day, he withdrew money from the account
21
and purchased a cashier’s check in the amount of $20,760.00
22 payable to A.T, which in turn was deposited into the joint
bank account of A.T. and J.T. that same day. Defendant
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deposited the $30,759.51 check on January 14, 2019. The
24 next day, he withdrew money from the account and purchased
a cashier’s check in the amount of $21,125.00 payable to A &
25
L Dairy. A.T. and J.T. deposited that check into an account
26 that A.T. and J.T. controlled on that same day.
27
In May 2019, the Federal Bureau of Investigation
28 opened an investigation into A.T.’s and J.T.’s theft of tax
(206) 553-7970
1 revenues from the taxpayers of DD5 during the period from

2012 through 2019. On September 25, 2019, Defendant
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agreed to be interviewed outside his residence by a Special
3 Agent of the Federal Bureau of Investigation. Early in the
interview, the FBI Special Agent told Defendant that it was a
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crime to lie to a federal law enforcement officer.
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During the interview, Defendant stated that: he had
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submitted a formal bid to win the two contracts with DD5; he
7 had had to rent equipment to perform each job; and, he had
performed approximately a week’s work on each contract.
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When asked whether he had paid any money to A.T. related
9 to the work for DD5, Defendant initially denied that he had
paid any money to A.T. or provided any cashier’s checks to
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A.T. Defendant subsequently stated that he might have given
11 A.T. “a couple thousand dollars” as “a tip” for helping him
out, but that this was not “a bribe.”
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13 After being shown copies of his cashiers’ checks to
A.T. and A & L Dairy, Defendant changed his account and
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stated that A.T. had paid for the equipment rental and that
15 A.T. had done a lot of the work, and that that was why
Defendant had paid money to A.T. Defendant denied that
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there had been any advance agreement that he would pay
17 A.T. in return for winning the contract.
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On October 18, 2019, Defendant agreed to be
19 interviewed at the United States Attorney’s Office by an FBI
Special Agent and two Assistant United States Attorneys. At
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the start of the interview, Defendant was again advised that it
21 was a crime to lie to a federal law enforcement officer.
During the interview, Defendant again denied that there had
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been any understanding upfront that he would pay A.T..
23 Defendant stated that A.T. ended up doing most of the work
and that Defendant therefore gave A.T. most of the money.
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25 During the interview, Defendant again stated that he
had submitted a bid proposal to A.T. to win the two contracts
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with DD5. Defendant initially stated that he had created this
27 on S.Y.’s computer and that S.Y. had helped him do so.
Defendant subsequently stated that S.Y. had created the bid
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proposal, because he did not know how to do so. In fact, as
(206) 553-7970
1 Defendant knew, and as further investigation by the FBI

revealed, neither Defendant nor S.Y. created a bid proposal,
2
and Defendant did not submit a bid proposal to A.T. This
3 misrepresentation was material to the FBI’s investigation
because it concealed the extent to which Defendant actions
4
had been taken in furtherance of, A.T. and J.T.’s criminal
5 activity.
6
During the interview, Defendant was asked why he
7 had withdrawn more than $20,000 from City Biz’ business
account on July 19, 2019, the same day on which law
8
enforcement officers executed a search warrant at A.T. and
9 J.T.’s residence. Defendant initially stated that he did not
recall, but later stated that he withdrew the money because
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unknown people had been withdrawing money from his
11 account. Defendant denied that he had learned of the search,
and denied that the withdrawal related to the search. In fact,
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as further investigation by the FBI revealed, Defendant
13 learned of the search on the same day on which it occurred
and withdrew the money to conceal it from law enforcement.
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This misrepresentation was material to the FBI’s investigation
15 because it concealed the degree of coordination between
Defendant and A.T. and J.T.
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17 The parties agree that the Court may consider additional facts contained in the
18 Presentence Report (subject to standard objections by the parties) and/or that may be
19 presented by the United States or Defendant at the time of sentencing, and that the factual
20 statement contained herein is not intended to limit the facts that the parties may present to
21 the Court at the time of sentencing.
22 Sentencing Factors. The parties agree that the following Sentencing
23 Guidelines provisions apply to this case:
24 a. Defendant’s offense is governed by § 2B1.1 of the Sentencing
25 Guidelines, pursuant to § 1B1.2(a) and the Statutory Index
26 b. Defendant’s base offense level is 6, pursuant to §2B1.1(a)(2);
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c. No specific offense characteristics set forth in § 2B1.1 apply;
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(206) 553-7970
1 d. As a result, Defendant’s total offense level, prior to any adjustment

2 for acceptance of responsibility, is 6.
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Defendant understands, however, that at the time of sentencing, the Court is free to
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reject these stipulated adjustments, and is further free to apply additional downward or
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upward adjustments in determining Defendant's Sentencing Guidelines range.
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Acceptance of Responsibility. At sentencing, if the Court concludes
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Defendant qualifies for a downward adjustment acceptance for acceptance of
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responsibility pursuant to USSG § 3E1.1(a) and Defendant’s offense level is 16 or
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greater, the United States will make the motion necessary to permit the Court to decrease
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the total offense level by three (3) levels pursuant to USSG §§ 3E1.1(a) and (b), because
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Defendant has assisted the United States by timely notifying the United States of
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Defendant’s intention to plead guilty, thereby permitting the United States to avoid
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preparing for trial and permitting the Court to allocate its resources efficiently.
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Recommendation Regarding Imprisonment. The parties agree that they
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will both recommend that Defendant be sentenced to three (3) years’ probation, and that
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Defendant serve six (6) months of this sentence on home confinement with electronic
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monitoring. Defendant understands that this recommendation is not binding on the Court
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and the Court may reject the recommendation and may impose any term of imprisonment
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up to the statutory maximum penalty authorized by law. Defendant further understands
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that Defendant cannot withdraw a guilty plea simply because of the sentence imposed by
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the Court. Defendant shall be free to recommend any sentence, consistent with the law,
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that Defendant believes is appropriate. Except as otherwise provided in this Plea
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Agreement, the parties are free to present arguments regarding any other aspect of
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sentencing.
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Restitution. Defendant agrees that he will pay restitution to taxpayers of
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DD5 in a total amount of $12,958.08 (which represents the amount that he retained from
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(206) 553-7970
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
(206) 553-7970
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
(206) 553-7970
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,
27
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(206) 553-7970
1 to challenge, on direct appeal, the sentence imposed by the Court,

2 including any fine, restitution order, probation or supervised release
3 conditions, or forfeiture order (if applicable); and
4 a. Any right to bring a collateral attack against the conviction and
5 sentence, including any restitution order imposed, except as it may
6 relate to the effectiveness of legal representation.
7 This waiver does not preclude Defendant from bringing an appropriate motion
8 pursuant to 28 U.S.C. § 2241, to address the conditions of Defendant’s confinement or
9 the decisions of the Bureau of Prisons regarding the execution of Defendant’s sentence.
10 If Defendant breaches this Plea Agreement at any time by appealing or collaterally
11 attacking (except as to effectiveness of legal representation) the conviction or sentence in
12 any way, the United States may prosecute Defendant for any counts, including those with
13 mandatory minimum sentences, that were dismissed or not charged pursuant to this Plea
14 Agreement.
15 Voluntariness of Plea. Defendant agrees that Defendant has entered into
16 this Plea Agreement freely and voluntarily, and that no threats or promises were made to
17 induce Defendant to enter a plea of guilty other than the promises contained in this Plea
18 Agreement or set forth on the record at the change of plea hearing in this matter.
19 Statute of Limitations. In the event this Plea Agreement is not accepted
20 by the Court for any reason, or Defendant breaches any of the terms of this Plea
21 Agreement, the statute of limitations shall be deemed to have been tolled from the date of
22 the Plea Agreement to: (1) thirty (30) days following the date of non-acceptance of the
23 Plea Agreement by the Court; or (2) thirty (30) days following the date on which a breach
24 of the Plea Agreement by Defendant is discovered by the United States Attorney’s
25 Office.
26 //
27 //
28 //
(206) 553-7970
1 Completeness of Agreement. The United States and Defendant

2 acknowledge that these terms constitute the entire Plea Agreement between the parties,
3 except as may be set forth on the record at the change of plea hearing in this matter. This
4 Agreement binds only the United States Attorney’s Office for the Western District of
5 Washington. It does not bind any other United States Attorney’s Office or any other
6 office or agency of the United States, or any state or local prosecutor.
7 DATED: this VW day of September, 2020.
8
9
V9DQHVVD3DL7KRPSVRQ
10 2QEHKDOIRIZLWKSHUPLVVLRQ
11 DARRELL N. WINSTON Defendant
12
13 V9DQHVVD3DL7KRPSVRQ
VANESSA PAI-THOMPSON
14 Attorney for Defendant
15 /s/ Justin W. Arnold
-867IN W. ARNOLD
16 Assistant United States Attorney
17
18 /s/ Andrew C. Friedman
19 ANDREW C. FRIEDMAN
Assistant United States Attorney
20
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(206) 553-7970

Darrell Winston Plea

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Case 2:20-cr-00126-RAJ Document 14 Filed 09/30/20 Page 1 of 13

1 1001(a)(2), contained in Count 1 of the Information. By entering a plea of guilty,

1 h. The right to appeal a finding of guilt or any pretrial rulings.

1 Statement of Facts. The parties agree on the following facts. Defendant

1 revenues from the taxpayers of DD5 during the period from

1 Defendant knew, and as further investigation by the FBI

1 d. As a result, Defendant’s total offense level, prior to any adjustment

1 to challenge, on direct appeal, the sentence imposed by the Court,

1 Completeness of Agreement. The United States and Defendant

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