Free Plea Agreement - District Court of Delaware - Delaware

Case 1:06-cr—OOO19-JJF Document 17 Filed 08/1 {H gzael Flap Mm_—5·\,5,{,;\,
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- IN THE UNITED STATES DISTRICT COURT BlL*
FOR THE DISTRICT OF DELAWARE -
UNITED STATES OF AMERICA, : ·
rnimeirr E A g
v. Criminal Action No. 06- l 9-IJF
_ TRACY THOMPSON, a/k/a TRACY SCOTT,
_ Defendant.
MEMORANDUM OF PLEA AGREEMENT
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 Beth
Moskow-Sclmoll, Assistant United States Attorney, and Christopher Koyste, Esq., attorney for
the defendant, Tracy Thompson, a/k/a Tracy Scott, the following agreement is hereby entered
into by the respective parties:
1. The defendant agrees to plead guilty to Count One of the Indictment. Count One
i charges the defendant with identity theft in violation of 18 U.S.C. § lO28(a)(7) and carries a
maximum sentence of 15 years imprisonment, a $25.0,000 fine, 3 years supervised release, and a
$100 special assessment.
i 2. The defendant understands that if she were to proceed to trial on Count One ofthe
Indictment, the Government would have to prove each of the following elements of that offense
beyond a reasonable doubt: (a) that the defendant knowingly used, without lawful authority, a
means of identification of another person; (b) that the defendant so acted with the intent to
commit an unlawful activity that constitutes a violation of Federal law, i.e. credit card fraud in

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violation of Title 18, United States Code, Section 1029(a)(2); and (c) that the defendant's use l
was in or affected interstate commerce. A U
3. The defendant knowingly, voluntarily, and intelligently admits that: (a) on or
n about July 14, 1999, with the intent to deceive Capital One and for the purpose of obtaining a .
credit card, she knowingly and without lawful authority used another’s social security number; r
(b) on or about August 1, 1999, with the intent to deceive Famous Barr and for the purpose of
obtaining a credit card, she knowingly and without lawful authority used another’s social security
A number; (c) on or about August 1, 1999, with the intent to deceive American Express and for the
purpose of obtaining a credit card, she knowingly--and without lawful authority used another’s
social security number; (d) on or about November 18, 2000, with the intent to deceive Capital
One and for the purpose of obtaining a credit card, she knowingly and without lawful authority
used another’s social security number; (e) on or about July 1, 2001, with the intent to deceive
Bank First and for the purpose of obtaining a credit card, she knowingly and without lawful
authority used another’s social security number; (t) on or about July 8, 2001, with the intent to
deceive Target and for the purpose of obtaining a credit card, she knowingly and without lawful
authority used another’s social security number; (g) on or about August 4, 2001, with the intent
to deceive First Premier Bank and for the purpose of obtaining a credit card, she knowingly and _
without lawful authority used another’s social security number; and (h) on or about October 26,
2002, with the intent to deceive Wilmington Trust Company and for the purpose of obtaining a
car loan, she knowingly and without lawful authority used another’s social security number.
4. The defendant understands that at sentencing the district court must consult the

· Case 1:06-cr—00019-JJF Document 17 Filed 08/15/2006 Page 3 of 4
_ United States Sentencing Guidelines ("U.S.S.G.") and take them into account in exercising its
discretion to determine the appropriate sentence and must also consider the other factors bearing C
on an appropriate sentence pursuant to 18 U.S.C. § 3553(a). The defendant further understands
that the Government will recommend that the Court impose a sentence consistent with the
sentencing range set forth by the sentencing guidelines.
. 5. Provided that the United States Attorney does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, at sentencing, the United States
agrees not to contest a two level reduction under USSG §3El . l (a) based on the defendant‘s
conduct to date. G
6. The defendant agees to pay the $100 special assessment at the time of sentencing.
If the Court orders the payment of any fine and/or restitution as part of the defendant’s sentence,
the defendant agrees voluntarily to 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 the defendant’s prison salary and apply it on the defendant’s
behalf to the payment of the outstanding debt ordered.
7. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing Court’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. Furthermore, if the Court decides not to follow any stipulation or
recommendation in this Memorandum of Plea Agreement, or if the defendant does not receive
the benefits she expects from any such stipulation or recommendation, that will not provide a
basis for the defendant to withdraw her guilty plea.
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8. It is further agreed by the undersigned parties that this Memorandum supersedes
M ailprior promises, representations, and statements ofthe tmdersigned parties; that this
Memorandum may be modified only in a written agreement executed by all the undersigned
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. i ‘
COLM F. CONNOLLY `
‘ United States Attorney
`” M M . ‘ BY: QM ML; ;(Q@Ql
Tracy ompson, a/k/ a Tracy Scott Beth Moskow—SchnoH
Defen ant Assistant United States Attorney
i n t" stopher Ko e, Esq.
Attomey for Defendant
"··.._
Dated: f ··//5 /dé
Q _./ _pV=
AND NOW this day of , 2006, the foregoing
M Memorandum of Plea Agreement is hereby ccepte y the Court.
A (" \ l
QP ` · M ··
Honor • M· Josepd J. F an, Jr. K
Unite _ M tes District Judge
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