Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00018-GIVIS Document 10 Filed 06/13/2007 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—l8~.lIF
BARRY M. YOUNG, ` i
)
)
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States ofAmerica, by and through its attorney, I lama
H. Eisenstein, Assistant United States Attorney for the District ofDelaware, and the defendant, Barry
M. Young, by and through his attorney, Victor Bittaglia, Sr., Esquire, the following agreement is
hereby entered into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Counts I and II ofthe Indictment, each of which charges him with making a false and
fraudulent material statement, in violation ofl8 U.S.C. § l00l(a). The maximum penalties for caeh
offense are not more than five years of imprisonment, a $250,000 fine, or both, three years of
supervised release, and a $100 special assessment.
2. The defendant understands that ifthere were a trial, the Govemment would have to prove
the following elements with respect to each Count ofthe Indictment; (l) the defendant made a fat lac
statement to a department or agency of United States government regarding Z1 matter within its
jurisdiction; (2) the defendant made the statement intentionally, knowing that it was false; (3) the
statement was material; and (4) the defendant made the false statement for the purpose ofm islead i ng
the federal agency or department.
3. The parties stipulate and agree that, based on information known to date, that the
govemment’s evidence is sufficient to prove that the loss resulting from the defendant`s offense

Case 1:07-cr-00018-GIVIS Document 10 Filed 06/13/2007 Page 2 of 3
conduct and the conduct for which the defendant is held responsible pursuant to United States
Sentencing Guideline ("U.S.S.G.") Section lBl.3(a)(2) (relevant conduct) is greater than $30.000
but less than $70,000, pursuant to U.S.S.G. Section 2Bt .l(b)(t)(D) ofthe November l, 2006, US.
Sentencing Guidelines Manual. Accordingly, before any other adjustments, the defendant ’ s offense
level is l2.
4. 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 ofthe pre—sentence report), the defendant
should expect that the Government will recommend that the Court impose a sentence consistent wi th
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 sentencingjudge, 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 C`tr;;rt
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 on that basis.
5. Provided that the United States does not subsequently learn ofconduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration ofthe
defendant’s timely guilty plea, a two-point reduction in the Offense Level for the dcfendant’s
affirmative acceptance of responsibility is appropriate, pursuant to Sentencing Guideline Section
BE] .l .
6. The defendant agrees to pay the $lO0 special assessment the day ofscntcncing. 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
2

Case 1:07-cr-00018-GIVIS Document 10 Filed 06/13/2007 Page 3 of 3
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.
7. Government agrees that it will dismiss Counts III and IV ofthe Indictment on thc day of
sentencing.
8. The United States Attorney reserves the right to defend any ruling ofthe District Court
should there be an appeal from this case.
9. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe parties; that this Memorandum may be modi lied
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.
COLM F. CONNOLLY
United States Attorney
By: .
Victor Bittaglia, Sr., uire Il a H. Eisenstein
Attorney for Defendant Assistant United States Attorney
E}
Barry M. oung
Defendant
Dated: 6;,% ;»_,Q;?(r,D ya
AND NOW, this [ ii- day of »—··»‘*~i , 2007, the foregoing Memorandum of
Plea Agreement is hereby (accepted) y this Court /
Honorable Joseph J. Painan, Jr.
United States District Judge
F I L E D
tlllil l 3 200/
3
us. Disrnicr counr
olsrntcr OF DELAWARE