Free Plea Agreement - District Court of Delaware - Delaware

_. Case 1 :08-cr—00033-GIVIS Document 15 Filed 05/16/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Prarmrrr, Z
v_ : Criminal Action No. 08-33 GMS
WENDELL GLOVER,
Defendant.
MEMORANDUM OF PLEA AGREEMLIIEI
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 Edmond Falgowski,
Assistant United States Attomey for the District of Delaware, and the defendant, Wendell Glover, by
and through his attorney, Eugene J. Maurer, J r., Esquire, the following agreement is hereby entered into
by the respective parties:
l . The defendant shall waive indictment and plead guilty to a one count Information charging
False Statement on a Tax Return in violation of 26 U.S.C. § 7206»(l), which carries a maximum
sentence of a term of imprisonment of three years, a fine of $100,000, or both, one year supervised
release, a $100 special assessment, and the costs of prosecution, which the parties stipulate to be zero.
2. The defendant understands that the elements ofthe offense to which he is pleading guilty
are that: (a) he made and signed a tax return for the year 2006 that contained false information as to a
material matter; (b) he knew the information was false; (c) the false statement was material; (d) the
return contained a written declaration that it was being signed subject to the penalties of perjury; and
(e) he acted willfully.
3. The defendant admits that he is in fact guilty of the offense described in paragraph 1.

_ Case 1 :08-cr—00033-GIVIS Document 15 Filed 05/16/2008 Page 2 of 3
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 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 his attorney or the United States, the
defendant will not be allowed to withdraw his guilty plea on that basis.
5. The defendant admits that, in addition to the conduct charged in the Information, he
willfully made and subscribed tax returns for the tax years 2003-2005 that contained false information
as to a material matter, and that this constitutes relevant conduct for sentencing purposes. The
defendant understands and agrees that, including relevant conduct for the years 2003-2005, the amount
of tax avoided is $176,064. The defendant understands and agrees that his offense level under the
Sentencing Guidelines based on this tax loss is therefore level 16. Based on the defendant’s conduct
to date, the United States agrees that the defendant should obtain a two level reduction for acceptance
of responsibility, and that the United States will move for a further one-point reduction for acceptance
of responsibility, provided that the defendant’s offense level before consideration of acceptance of
responsibility is 16 or greater, and the defendant does not engage in any conduct inconsistent with
acceptance of responsibility subsequent to the signing of this agreement.
6. The defendant acknowledges that he has civil tax liabilities for the years 2003-2006. The
defendant understands that, while he may have paid the Internal Revenue Service back taxes and interest
2

~ Case 1 :08-cr—00033-GIVIS Document 15 Filed 05/16/2008 Page 3 of 3
for the years 2003-2006, he still may owe the Internal Revenue Service penalties and additional back
taxes and interest. If full payment to the satisfaction of the lntemal Revenue Service cannot be made
immediately, the defendant agrees to make a complete and accurate financial disclosure to the IRS on
forms prescribed by the IRS (including, but not limited to, IRS Form 433-A and Form 433-B, as
appropriate). The defendant also agrees to provide the above-described information to the probation
office. The defendant further acknowledges that nothing in this agreement satisfies, settles, or limits
his obligation to pay any taxes, back taxes, penalties, and interest, for the years 2003-2006 or for any
other time periods.
7. 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 modified only
in a 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.
F. co o
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’/ Byr ” ”l’{ .
Euge J. Maur ., squire E ond Falg s V
Att · ey for Defendant Assistant Uni l- S at s Attomey
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Wend t over, Def idant
D lt, · <> C6
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AND NOW, this L day of Q , 2008, the foregoing Memorandum
of Plea Agreement is hereby (accepted) by this C0
/ ( if
F I L E D §oN€§;Li [étnecoiwim. 2
Chief ge, United States District Cou
, MAY l 6 2008 I I
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Case 1:08-cr-00033-GMS

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