Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 04-73M
CALVIN DAVIS,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Beth Moskow-Schnoll, Assistant United States Attorney for the District of Delaware,
and on behalf of and with the consent and knowledge of Colm F. Connolly, United States
Attorney for the District of Delaware, and the defendant, Calvin Davis, by and through his
attorney, Christopher Koyste, Esquire, the following agreement is hereby entered into by the
respective patties:
1. The defendant, Calvin Davis, agrees to plead guilty to Count One ofthe
Information charging him with a violation of Title 18, United States Code, Section 1030(a)(2),
computer fraud, in that, while employed by Discover Bank, the defendant did knowingly and
intentionally exceed his authorized access to the bank’s computer files, thereby obtaining
information contained in a financial record of Discover Bank. This violation carries a maximum
penalty ofimprisonment for not more than 1 year, a $100,000.00 fine, 1 year of supervised
release, and a $25.00 special assessment.
2. The defendant knowingly, voluntarily, and intelligently admits the following
facts:

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(a) in or around January, 2004, after viewing the account information of A.L. during the course
of his employment with Discover Bank, he used that account infomation to take over A.L.’s
Discover Card account; (b) between January 21, 2004, and January 29, 2004, using A.L.’s
Discover Card account that he had taken over, he made and attempted to make purchases and
cash advances totaling $2,331.74; (c) in or around February, 2004, after viewing the account
information ofJ.B. during the course of his employment with Discover Bank, he used that
account information to take over J .B.’s Discover Card account; (d) in or around December ,
2003, after viewing the account information of W.W. during the course of his employment with
Discover Bank, he used that account information to take over W.W.’s Discover Card account;
and (e) in or around December, 2003, using W.W.’s Discover Card account that he had taken
over, he made and attempted to make purchases and cash advances totaling $2,559.10.
3. The defendant agrees to pay the $25 special assessment at the time of
sentencing.
4. At sentencing, the United States agrees to move to dismiss Counts Two and Three
ofthe Infomiation.
5. The defendant acknowledges that the actual loss to Discover Bank as a result
of his conduct was $3,060.85. The defendant agrees to pay restitution in that amount to
Discover Bank.
6. The parties hereby agree and stipulate that, for sentencing guideline purposes, the
intended loss to Discover Bank was $4,890.84. The defendant understands that at sentencing the
Court must consider the United States Sentencing Guidelines and take them into account in
exercising its discretion to determine the appropriate sentence and must also consider the other
factors bearing on an appropriate sentence pursuant to l8 U.S.C. § 3553(a). The defendant

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further understands that the Government will recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines.
‘ 7. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the undersigned 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, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
United States Attomey
if i ¢‘7ii-Win ;
3 ' i - ·i _ W " BY;
Calvi vis Beth Moskow-Schnoll
Defendant, ri' _, Assistant United States Attorney
C ristopher Koy
Attorney for Defendant
Dated: //»»/ T?-C; i»-·
AND NOW, this Qlqdaly of O5, the foregoing Memorandum of
Plea Agreement is hereb (rejected) by this Court.
Q /
·-L / I 4.-Q4 V
r ble Mary Pat Thy ’
L • States Magistrate udge