Free Plea Agreement - District Court of Delaware - Delaware

Case 1:O7—cr—OO142-SLR Document 14 Filed O1/22/2 g/eJ*©> y/
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action No. 07~142—SLR
KEVIN B. SIRMAN, )
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
Christopher I. Burke, Assistant United States Attorney, and Edson Bostic, Esq., attcmey for the
Defendant, Kevin B. Sirman (hereinafter "Defendant"), the following agreement is hereby
entered into by the respective parties:
1. The Defendant agrees to waive indictment and plead guilty to a one—count
Information charging him with wire fraud, in violation of Title 18, United States Code, Section
1343. The Defendant understands that if he were to proceed to trial on the Information, the
Govermnent would have to prove each of the following elements of the offense beyond a
reasonable doubt: (1) defendant’s knowing and willful participation in a scheme or artifice to
defraud, (2) with the specific intent to defraud, and (3) the use of an interstate wire
communication in furtherance of the scheme. The maximum penalties for this charge are twenty
(20) years imprisonment, a $250,000 fine, three years of supervised release following any term of
imprisonment, and a $100 special assessment, as well as restitution.
2. The Defendant knowingly, voluntarily, and intelligently waives his right to be
charged by Indictment and agrees to execute any fonns necessary to effectuate his waiver.

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3. The Defendant knowingly, voluntarily, and intelligently admits that, as the owner
and operator of Joseph Phillips & Gray ("JP&G"), a debt collection agency, he falsely and
fraudulently collected funds from debtors of JP&G’s clients and then retained those funds
without authorization from JP&G’s clients. ln particular, in or about November 2006 through
January 2007, Defendant caused an employee of "Company 1," in Mississippi, to fax to him in
Delaware checks made out to a JP&G client, "Client A," for $8,800. "Company 1" was a debtor
of "Client A." These faxes were provided by "Company 1" to Defendant to enable Defendant to
make payments to "Client A." Defendant withdrew $8,800 from “Company 1's" bank account
but did not forward any of that amount to "Client A," instead keeping the funds for himself.
Defendant knowingly, voluntarily, and intelligently admits that, between approximately
December 2005 and January 2007, Defendant defrauded approximately 13 JP&G clients by using
JP&G to collect and retain approximately $145,000 that belonged to JP&G’s clients.
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, the Government will not oppose a two—point A
reduction in the Offense Level for the Defendant’s affirmative acceptance of responsibility. The
Government will move for an additional one—point reduction under United States Sentencing
Guideline Section 3E1.1(b).
5. Based on information and analyses disclosed by the government to Defendant
prior to the date of this memorandum, the government and Defendant stipulate that for purposes
of U.S.S.G. § 2B1.1(b)(l) the loss involved in the instant offense, including relevant conduct as
defined in U.S.S.G. § 1B1.3, is more than $120,000 and less than $200,000. The government
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and Defendant further stipulate that for purposes of U.S.S.G. § 2B1.l(b)(2) the offense involved
more than 10 victims but fewer than 50 victims. The government reserves the right to withdraw
these stipulations if, in its sole discretion, it determines prior to sentencing that the Defendant has
not provided truthful or complete information regarding this stipulation. Defendant understands
that if the government exercises the right described in the preceding sentence, Defendant still
may not withdraw his guilty plea.
6. The United States explicitly retains the right to make whatever recommendations
at the time of sentencing that it believes are appropriate and to defend the rulings of the
sentencing court upon appeal.
7. 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 attomey or the United States, the Defendant will not be allowed to
withdraw his guilty plea on that basis.
8. The Defendant agrees to pay the $100 special assessment at the time of
sentencing.
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9. 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 Attorney
ii. i M.
Edson Bostic, Esq. Christopher J. B ke
Attorney for Defendant Assistant United States Attorney
gevin B. Sirman
Defendant
Dated: gwpr/1,i,a/M1 J-Z, ZW?
AND NOW this Jdnd day of H , , 2008, the foregoing
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Memorandum of Plea Agreement is here y (accepted (rejected) by the Court.
The Honorable sg L. Robinson
United States District Judge
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