Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr—OOO26-GIVIS Document 6 Filed O3/O4/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action No. 08- Z/E: "é`N\$
MICHELLE LYNCH, )
Defendant. g
MEMORANDUM OF PLEA AGREEMIQIQ
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attorney for the District of Delaware, and David L. Hall, Assistant
United States Attorney for the District of Delaware, and the defendant, Michelle Lynch, by and
through her attorney, Keir Bradford, Esquire, the following agreement is hereby entered into by the
respective parties: I A `
1. The defendant agrees to plead guilty to Count 1 of an Information, waiving prosecution
by indictment, charging the defendant with wire fraud, in violation of Title 18, United States Code,
Section 1343.
2. The essential elements ofthe offense of wire fraud, each of which the government would
have to prove beyond a reasonable doubt at trial, are: (1) the defendant devised or intended to devise
(2) a scheme and artifice to defraud and (3) used an interstate electronic communication in
furtherance of the scheme to defraud.

Case 1:08-cr-00026-GIVIS Document 6 Filed O3/O4/2008 Page 2 of 4
3. The maximum penalties for Count One of the Information are: not more than twenty
years imprisonment, a $250,000.00 fine, three years supervised release following any term of
imprisonment, restitution, and a $100.00 special assessment.
4. The defendant knowingly, voluntarily, and intelligently admits that during the period
May 2004 to December 2005, she defrauded her employer, Digital Legal Services, of a total of
$123,209 by means of fraudulent interstate wire transfers from Digital Legal Services accounts at
Sun Bank ($90,000) and Wilmington Trust Company ($33,209) to her own personal accounts.
5. The United States will recommend a three level reduction in the offense level for the
defendant’s affirmative acceptance of responsibility under Sentencing Guideline Section 3E1.1.
The United States makes this recommendation because the defendant has timely notified
authorities of her intention to enter a plea of guilty, thereby permitting the United States to avoid
preparing for trial and permitting the Court to allocate its resources efficiently.
6. The defendant stipulates and agrees that the loss set forth in paragraph 4 above is
attributable to her at sentencing as relevant conduct pursuant to Guidelines Section lBl.3, and
that the fraud loss of $123,209 was reasonably foreseeable by the defendant as a consequence of
her conduct. The defendant and the government stipulate and agree that pursuant to Guidelines
Sections 1Bl .3 and 2B1.1, the base offense level is therefore 17.
7. The defendant agrees to make full restitution in the amount of $123,209 to Digital
Legal Services.
8. The defendant agrees to pay any special assessment at the time of sentencing. If the
Court orders the payment of any special assessment or fine as part of the defendant’s sentence,
the defendant agrees to voluntarily enter the United States Bureau of Prisons administered

Case 1:08-cr-00026-GIVIS Document 6 Filed O3/O4/2008 Page 3 of 4
program known as the Inmate Financial Responsibility Program through which the Bureau of
Prisons will collect a portion of the defendant’s prison salary and apply it on the defendant’s
behalf to the payment of the outstanding debt ordered.
9. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation of the pre—sentence report), the
defendant should expect that the Government will recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines. The defendant
understands, however, that the ultimate determination of an appropriate sentence will be up to the
sentencing judge. The Court may impose a sentence which exceeds, falls below, or is contained
within the sentencing range prescribed by the sentencing guidelines. The defendant expressly
acknowledges that if the Court imposes a sentence outside the range set forth in the sentencing
guidelines, or otherwise different than the defendant expected, or contrary to the recommendation
of her attorney or the United States, the defendant will not be allowed to withdraw her guilty plea
on that basis.
l0. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the undersigned parties; that this
memorandum may be modified only in a written agreement executed by all the undersigned

{ Case 1:08-cr-00026-GIVIS Document 6 Filed O3/O4/2008 Page 4 of 4
parties; and that any and all promises, representations, and statements made prior to or after this
Memorandum are null and void and have no effect whatsoever.
COLM F. CONNOLLY
United States Attomey
I . Ir
Keir Bradford, Esquire David L. Hall
Attomey for Defendant Assistant United States Attomey
Michelle Lynch 72
Defendant
% 2% lo 8
L` "\
AND NOW this ;‘ day of bg; , 2008, the foregoing Memorandum
of Plea Agreement is hereby (accepted) Qzeieeted) by the Court.
UnitedgStates District Court
F I L E D
I FEB 2 9 2008 I
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Case 1:08-cr-00026-GMS

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