5:21-cr-00841-MGL Date Filed 12/08/21 Entry Number 2 Page 1 of 14

IN THE D]STRICT COURT OF THE UNITED STATES

EOR THE DISTRICT OE SOUTH CAROLINA
COLUMBIA DIV] S ]ON

IINITED STATES OF AMERICA Criminal No: 3-21-841

PLE]A AGREEMENT
DAVID CORTEZ MARSITAIL I .IR

General Provisions

This PLEA AGREEMENT is made this 4 day of \**W-

2O2l, between the United StaLes of America, as represented by
Acting United States Attorney Rhett Dehartr Assistant United
States AtLorney Brook Andrews; the Defendant, DAVID CORTEZ
MARSIIALL JR and Defendant's attorney, Jonathan Harvey.
IN CONSIDERATION of the mutual promises made herej-n, the
parties agree as fol Iows :

The Defendant agrees to waive Indictment and arraignment,

At 1.
and plead gullt.y to an Information charging wire fraud in
vio.Lation of Title 18, United States Code, Section 1343.
In order Lo sustain its burden of proof, the

Government is required to prove the following:

Count 1

{rl/t A. Ei.rst, 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 t.hat were material,. and
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e. Second, that, for the purpose of executing the scheme,

$,,ri
the defendant transmltted or caused to be transmitted
by means of wire, radio, or tel"evision communication
in j,nterstate or foreign commerce any writj-ngs, signs,
signals, pictures, or sounds.

The penalty for th.is offense is:

up to 20 years in prison, a fine of up to $250,000,

supervised refease of up to 3 years, and a special-
assessment of $100.
2. The Defendant understands and agrees that monetary
l)
penalties Ii. e. , speciat assessments. restitution, flnes
and other payments required under the sentencel imposed by
the Court are due and payable rmmediately and subject to
enforcement by the United States as civil judgments,

pursuant to 1B U.S.C. S 3613. In the event the Court

imposes a schedule for payment of restitution, the
Defendant afso understands that payments made in accordance
wlth installment schedules set by the Court are minimum

payments only and do not preclude the Government from

seekrng to enforce the judgment against other assets of the
Defendant at any time, as provided in 18 U.S.C. SS 3612,
3 613 and 3664 (m) .
The Defendant furl--her agrees to enter into the Bureau of
Prisons lnmaLe Einancia.L Repayment program if sentenced to
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a term of incarceration with an unsatisfied monetary

pena.l ty. The Defendant further understands t.hat any

moneLary penalty rmposed is not dischargeable in

bankruptcy.
li, .A. Special Assessment: Pursuant to 18 U.S.C. S 3013,

the Defendant must pay a special assessment of

$100.00 for each felony count for which he is
convicted. This special assessment must be paid
aL or before the time of the guiLty plea hearing,
or during particrpation in the Bureau of Prisons
Inmate Financia.I Repayment Program if this plea
re su] t s in incarceration.
,. B. Restitution: The Defendant agrees to make fuIl
restituti-on under 18 U,S.C. S 3556 in an amount

to be determined by the Court at the time of

sentencing, which amount is noL limited to the
count (s) to which the Defendant pled guilty, but
will include restitution to each and every
idenLifiable victjm who may have been harmed by
his scheme or pattern of crimj-nal- activj_ty,
pursuant to 18 U.S.C. S 3663. The Defendant
agrees to cooperate fully with the Government in
identifying aIf victims. Upon demand, the
Defendant shall submit a personal financial
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statement under oath and submit to interviews by

the Government 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 Lo

immedlately obtain a credit report on the

Defendant in order to evaluate the Defendant's
ability to satisfy 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 flnancial
obligation imposed by the Court.
C. Fines: The Defendant understands that the Court
0q
may impose a fine pursuant to 18 U.S.C. SS 3571

and 3572.
3. The Defendant understands that the obligations of the
0rtt
Government within the PIea Agreement are expressly
conr-ingent upon the Defendant's abiding by federal and

state .l aws and complying with any bond executed in this

case. In the event that the Defendant faifs to comp.Iy with
any of the provisions of this Agreement, either express or
implied, the covernment will have the right, at its sole
election, to void a11 of its obligations under this
Agreement and the Defendant will not have any right to
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withdraw his plea of guilty to the offense (s) enumerated

herein.

Coope ration and Forfeiture

4. The Defendant agrees to be fully truthful and forthright
with federal, state and Iocal .Iaw enforcement agencies by
providing f uJ-1, complete and truthful information about alf
criminal activities about which he has knowledge. The

Defendant must provide fulI, complete and truthfuf

debriefrngs about these unlawfu.l- actrvities and must fulJ-y
disclose and provide truthful information to the Government

including any books, papers, or documents or any other

items of evidentiary value to the investigation. The

Defendant must also testify fully and truthfully before any

grand luries and at any trials or other proceedings if

called upon to do so by the Government, subject to
proseclrtlon for perjury for not testifying truthfuJ-J-y. The

failure of the Defendant to be fully truthful and

forthright at any stage wiJ-1, at the sole efection of the

Government, cause the obligations of the Government within
this Agreement- to become null and void. Further, it is
expressly agreed that if the obligations of the Government
wiLhin Lhis Agreement become nu.Il and void due to the lack
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of truthfulness on the part of the Defendant, the Defendant

understands that:
A. the Defendant will not be permitted to withdraw
(ft.'
his pl-ea of guilty to the offenses described
above;

B. aIl additionaf charges known to the Government

may be filed in the appropriate district;

the Government will- argue for a maximum sentence

for the offense to which the Defendant has

pleaded guilty; and

o
fl/r,(
tne Government wilt use any and alf information
and testimony provided by the Defendant pursuant
to this Agreement, or any prior proffer
agreements, in the prosecution of the Defendant
of all charges.
s.l6sArr,. Defendant agrees to submit to such polygraph
examinations as may be requested by the Government and

agrees that any such examinatlons shall be performed by a

polygraph examiner selected by the Government. Defendant

furLher agrees that his refusal to take or his faj-lure to
pass any such poLygraph examination to the Government, s
satisfaction wiIl result, at the Government, s sole
discretion. in the obligations of the covernment within the
Agreement becoming nuf .I and vord.
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The Government agrees that any self-incriminating

information provided by the Defendant as a result of the
cooperation required by the terms of this Agreement,

although avail-abIe to the Court, will not be used against

the DefendanL in determrnrng the Defendant's applicabfe
guideline range for sentencing pursuant to the United
States Sentenc.ing Commission Gurdelines ' The provisions of

this paragraph shafl not be applied to restrict any such

information:
A.[rl\ \ known to the Government prior to the date of this

Agreement;

B.l, l'concernlng the existence of prior convictions and

sentences;
(1 . lr. a prosecution for perjury or giving a false
statement; or
o.ff/t in the event the Defendant breaches any of the
terms of the Plea Agreement; or
E Jl^, used to rebut any evidence or arguments offered
by or on behalf of the Defendant (including
arguments made or issues raised sua sponLe by the
District Court) at any stage of the crimina.l-
prosecution (including bai1, tria1, and
sentencing) .

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1 Provided the Defendant cooperates pursuant to the

DN\
provisions of this Plea Agreement, and that cooperation is
deemed by the Government as providing substantial
assistance in the investigation or prosecution of another
person, the Government agrees to move the Court for a

downward departure or reduction of sentence pursuant to

United States Sentencing Commission Guidelines S5K1 '1, l8
U.S.C S 3553 (e) or Eedera.I Rule of Criminal Procedure
35 (b) . Any such motion by the Government .is not binding
upon the Court, and shoufd the Court deny the motion, the
Defendant wi-1,1 have no right to withdraw his p1ea.
The Defendant agrees to voluntarily surrender to, abandon,
and not to contest the forfeiture of any and all assets and
property, or portions thereof, which are subject to
forreiture 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 vofuntarily surrender, and not contest
the forf e j.ture of property j.dentified in the Information,
and any forfeiture Bill of particulars: a forfeiture
j udgment equal to all proceeds the Defendant obtained,
directly or indirectly, from the wire fraud offenses, and
any propert.y, real or personal, subject to forfeiture from
the wire fraud offenses.
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With regard to each and every asset listed in the

fnformation or seized in a related investigation or
administrative, state, or focal action, the Defendant
stipulates and agrees:
The Defendant agrees and consents to the forfeiture of
t.hese assets pursuant to any federal criminal, civil
judicial or administrative forfeiture action. The
Defendant also hereby agrees to wai,ve aff constitutionaf,
statutory and procedural challenges in any manner
(including direct appeal, habeas corpus, or any other
means) to any forfeiture carried out j-n accordance with
this Plea Agreement on any grounds, including that the
forfeiture described herein constitutes an excessive
fine, was not properly noticed j-n the charging
instrument, addressed by the Court at the time of the
guilty pIea, announced at sentencing, or incorporated
into the j udgment.
To its forfeiture herei-n, if necessary as substitute
property under 21 U.S.C.'853(p) , as made applicable by
18 U.S.C. ' 982 (b) (1) or any other statute, or in a
separate administrative or civil judlcial proceeding.
That the Defendant has or had a possessory interest or
other lega I interest in each item or property.
To assist the United States in the recovery of al-l- assets
by (i) taking whatever steps are necessary or requested
by the United States to pass cl-ear titfe to the United
States; (ii) preventing the disbursement of any moneys
and sale of any property or assets; (iii) not encumberj-ng
or transferrj.ng any real estate after the Defendant, s
signing of this PIea Agreement; and (iv) directing all
financial institutions to turn over and surrender to the
United States all funds and records regarding accounts
fisted in any document signed by the Defendant pursuant
to t.his plea agreement, as criminaf proceeds or
substitute property.
The Defendant waives afI rights to notice of forfeiture
under Rule 32.2 and of any other action or proceeding
regarding such assets. The Defendant consents and waives
all right.s to compliance by the United States with any
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applicabfe deadlines under 18 U.S.C S 983 (a) . Any

re.I a ted administrative clarm filed b,y the Defendant is
hereby withdrawn.
Pursuant to Rule 32.2lbl l4), the Defendant agrees that
the preliminary order of forfeiture wifl satisfy the
notice requirement and wil,l be final- as to the Defendant
at the ti-me it is entered. In the event the forfeiture
is omitted from the judgment, the Defendant agrees Lhat
the forfe.1ture order may be incorporated into the written
judgment at any time pursuant to Rule 36.
If the United States discovers that the Defendant has not
fu11y disclosed afI assets. the United States may seek
forfeiture of any subsequent I y-di s cove red assets, and the
Defendant agrees to the immediate forfeiture of any su ch
assets.
The Defendant further agrees to make a ful-I and complete
disclosure of all assets over which Defendant exercises
conLrof and those which are held or controlfed by
nominees. The Defendant agrees that Federal Rufe of
Criminal Procedure 11 and S lBl .8 of the United States
Sentencing Commission Guidelines wil-l- not protect from
forfeiture, assets disclosed by the Defendant as part of
his/her cooperation. The Defendant further agrees to
submrt to a polygraph examination on the issue of assets
if it is deemed necessary by the United States.
The Defendant agrees to waive any double jeopardy claims
the Defendant may have as a result of a forfeiture
proceedlng against any of these properties as provided
for by this Plea Agreement and agrees to waive any claims
that the forfeiture described herein constitutes an
excessive fine.
Forfeiture of the Defendant, s assets shalL not be treated
as satisfaction of any fine, restj-tutj.on, cost of
j-mprisonment, or any other penalty the Court may impose
upon the Defendant in addition to forfej-ture. The United
States may use the vafue of forfej-ted property for
restltution, but is not required to do so,

&l\ r. The Defendant arso agrees to voluntarily transfer al_ 1

right, tit1e, interest and claim in the above-described
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property and,/or assets to the United States of America.

Eurthermore, the Defendant attests, under penalty of
perj ury, that Lhe Defendant owns the above-described
property and/or assets free of any J-iens and encumbrances,
and Lhat no other person or entity has a claim to the
above-described property and/or assets.
Merqe r and other Provisions
9. The Defendant is aware that 18 U.S.C. S 3742 and 28 U.S.C
S 2255 afford every defendant certain rights to contest a
conviction and/or sentence. Acknowledging those rights,
the Defendant. in exchange for Lhe concesslons made by the
covernment in this Plea Agreement, waives the right to
conLest either the conviction or the sentence in any direct
appeal or other post-conviction action, including any

proceedings under 28 U.S.C. S 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 r ight s or obligations of the Government as set
forth in 1B U.S.C. S 3742 (b) . Nor does it limj-t the
Government in its comments in or responses to any post_
sentencing matters.
Defendant waives a1l rights, whether asserted
directly
or by a repr:esen tatlve, to request or receive from any
1,),
 5:21-cr-00841-MGL Date Filed 12/08/21 Entry Number 2 Page 12 of 14

department or agency of Lhe United SLates any records

pertaining to the investlgation or prosecution of this
case. including without fimitation any records that may be

sought under the Ereedom of Information Act, 5 U.S'C. S

552, or Lhe Privacy Act of 191 4, 5 U.S.C. S 552a.

11. The parties hereby agree that this Plea Agreement contains
qvA
the entire agreement of the parties; t-hat this Agreement

supersedes aIl prior promises, representations and

statements of the parties; that this Agreement shal-.I not be

binding on any party until the Defendant tenders a p.Iea of

guilty to the court having jurisdiction over this matteri
that this Agreement may be modified only in writing signed
by al I parties,' and that any and all other prom.ises,

representations and statements, whether made prior to,

contemporaneous with or after this Agreement, are nulf and
void.

.L
'7nu ,LL /L4,^..,.^ 11.
\.L
Date DA\II CORTEZ MARSHALL. .JR. , E'ENDANT

t) irJ I fil\ u/*

Da 1,
JONATHAN HARVEY
ATTORNEY EOR THE DEFEND
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 5:21-cr-00841-MGL Date Filed 12/08/21 Entry Number 2 Page 13 of 14

M. RHETT DEHART
ACTING UNITE STATES ATTORNEY

t1- '+ ?.6L1

Date ROO ,A EWS (#10231)
ASS] TANT UNlTED STATES ATTORNEY

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U.S. DEPARTMENT OF JUSTICE

Statement of Special Assessment Amount

This statement reflects your special assessment only. There

may be other penalties imposed at sentencing . This Special
Assessment is due and pay able at the time of the execution
of the plea aqreement.

ACCOUNT INFORMATION
CRIM. ACTION NO.:

DEFENDANT'S NAME: DAVID CORTEZ MARSHALL, JR.

PAY THIS AMOUNT: $100.00
PAYMENT DUE ON OR (date plea agreement signed)
BEFORE:

MAKE CHECK OR MONEY ORDER PAYABLE TO:

CLERK, U.S. D'STRICT COURT

PAYMENT SHOULD BE SENT TO:

Clerk, U.S. District Court
Matthew J. Perry, Jr. Courthouse
901 Richland Street
Golumbia, SC 29201

OR HAND DELIVERED TO:

Clerk's Office
Matthew J. Perry, Jr. Courthouse
901 Richland Street
Golumbia, SC 29201 (Mon. - Fri. B:30 a.m.- 4:30 p.m.)
INCLUDE DEFENDANT,S NAME ON CHECK OR MONEY ORDER (D_Ip_Nplsg4sesb)

ENCLOSE THIS COUPON rO /NSURE PROPER and PROMPT A??L|CATION OF ?AYMENT

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