Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00017-GIVIS Document 11 Filed 05/23/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action No. 07-17-GMS
ALBERT B. SEENEY, 3
I )
)
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney, llana
H. Eisenstein, Assistant United States Attorney for the District of Delaware, and the defendant,
Albert B. Seeney, by and through his attorney, Peter J. Scuderi, Esquire, the following agreement
is hereby entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One ofthe Indictment, which charges him with passing counterfeited obligations
of the United States, in violation of Title 18, United States Code, Section 472. The maximum
penalties for this offense are not more than twenty years of imprisomnent, a $250,000 fine, or both,
three years of supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the Government would have to prove
three elements of the offense: (l) on or about November 6, 2006, the defendant passed counterfeit
currency obligations ofthe United States, to wit, six Federal Reserve Notes each in the denomination
of one hundred dollars; (2) which he knew to be counterfeit; and (3) did so willfully and with the
intent to defraud.
3. 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. It is likely that the Government will recommend that the Court impose a

Case 1:07-cr-00017-GIVIS Document 11 Filed 05/23/2007 Page 2 of 3
l 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 is within, or which exceeds or falls
below, 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 his attorney or the United States, the defendant will not be allowed to withdraw his guilty plea.
4. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of the
defendant’s timely guilty plea, a two—point reduction in the Offense Level for the defendant’s
affirmative acceptance of responsibility is appropriate, pursuant to Sentencing Guideline Section
3El.l. C
5. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the Defendant agrees to voluntarily enter the United States Bureau of Prisons’
administered program known as the Inmate Financial Responsibility Program through which the
Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defendant’s
behalf to the payment of the outstanding debt ordered.
6. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
7. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements of the parties; that this Memorandum may be modified
only in writing signed by all the 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.
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Case 1:07-cr-00017-GIVIS Document 11 Filed 05/23/2007 Page 3 of 3
COLM F. CONNOLLY
_' United States Attorney
jx
/*""‘-·__-____"`T”· ` ,. l
\» 1 ~//’“ ;
C/’ By: /7/ _;`*""~
Peter J. Scuderi, Esquire ana H. Eisenstein
Attomey for Defendant Assistant United States Attomey
Albert B. Seeney . »·’“`
Defendant
Dated:
{A
AND NOW, this 2 3 day of H , 2007, the foregoing Memorandum of
Plea Agreement is hereby (accepted) ` te this Court.
Hono a le G gory M. Sleet
Unit d States District Judge
F I L E D
MAY 2 3 2007
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