Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in the information. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt:
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts One and Two of the superseding indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3, and establish a basis for forfeiture of the property described elsewhere in this Plea Agreement:
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in the information. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt: Beginning not later than July 21, 2008, and continuing to at least in or about March 2014, at Rockford, in the Northern District of Illinois, Western Division, and elsewhere, XXXXXXX X. XXXXXX, devised, intended to devise, and participated in a scheme to defraud, and to obtain money and property by means of materially false and fraudulent pretenses, promises and representations, and by concealment of material facts. On or about December 1, 2012, in the Northern District of Illinois, Western Division, and elsewhere, XXXXXX, for the purpose of executing the above-described scheme, knowingly placed or caused to be placed in an authorized depository for mail matter, to be sent by United States mail according to the directions thereon, an envelope addressed to Company A at an address in Westlake, Ohio, containing a Promissory Note signed by Victim A, in violation of Title 18, United States Code, Section 1341. Specifically, between approximately 1996 and 2014, XXXXXX lived in Rockford, Illinois and operated financial advisory companies as well as real estate companies, including Senior Securities of Rockford LLC (“SSOR LLC”) and Chicago Wealth Partners LLC (“CWP LLC”). SSOR LLC and CWP LLC were Illinois limited liability companies with their principal place of business in Rockford, Illinois, and whose sole member was XXXXXX. XXXXXX operated SSOR LLC as a financial planning business. From approximately 1996 through approximately 2008, XXXXXX sold fixed annuities to retirement-age investors. Beginning in approximately 2008, XXXXXX began to encourage some of the individuals to whom XXXXXX had previously sold fixed annuities to move their money from the secure investments in fixed annuities to investments in SSOR LLC and CWP LLC, which XXXXXX told investors were real estate companies in which the investors could make a higher rate of return on their investment. XXXXXX used the investments in SSOR LLC and CWP LLC to rehab and sell homes in the Rockford, Illinois and Chicago, Illinois areas and did not explain to the investors the risky nature of this sort of investment. Instead, XXXXXX told the investors that their investments in SSOR LLC and CWP LLC would remain secure. From approximately July 2008 through December 2011, XXXXXX, through SSOR...
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts One and Count Two of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt: On or about September 19, 2010, XXXX XXXXX XXXXXXX, attempted, without lawful authority, to use a weapon of mass destruction against people and property in a manner that would have affected interstate and foreign commerce in violation of Title 18, United States Code, Section 2332a(a)(2)(D), and attempted to damage and destroy, by means of an explosive, real property affecting interstate and foreign commerce in violation of Title 18, United States Code, Section 844(i). In early June 2010, XXXXXXX told a law enforcement cooperating source (hereinafter, the “CS”) that he wanted to commit acts of violence in Chicago for monetary gain and to cause political instability. The CS asked XXXXXXX about his ideas for a terrorist attack. XXXXXXX suggested bombing the commercial area surrounding Wrigley Field as one option. XXXXXXX explained that an attack against an entertainment center like the one near Wrigley Field could “paralyze” Chicago commerce. In response, the CS told XXXXXXX that he/she had “friends” who might be willing to pay XXXXXXX to perpetrate such an attack. Over the following weeks, the CS and XXXXXXX continued to discuss XXXXXXX’x ideas for perpetrating a terrorist act. XXXXXXX indicated that he wanted to meet with the CS’s contacts and was anxious to act against Chicago. The CS arranged a meeting between XXXXXXX and an individual the CS represented to be one of his/her purported contacts on July 8, 2010. Then unbeknownst to XXXXXXX, the contact was an undercover FBI task force officer (hereinafter “UC-1”). During their initial meeting, XXXXXXX told UC-1 that he had been contemplating how to perpetrate terrorist attacks in Chicago. XXXXXXX stated that he believed that a series of escalating violent acts could be used to undermine the city’s political establishment. When asked by UC-1 what XXXXXXX was personally willing to do, XXXXXXX indicated that he would be willing to facilitate a car bombing or the assassination of Chicago police officers. XXXXXXX assured UC-1 that he wanted to participate in some violent act. When asked if he was concerned about those who would be hurt by such violence, XXXXXXX stated that casualties were the inevitable result of what he termed “revolution.” XXXXXXX met with U...
Factual Basis. 6. Defendant will plead guilty because she is in fact guilty of the charge contained in Count One of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish her guilt beyond a reasonable doubt, and establish a basis for forfeiture of the property described elsewhere in this Plea Agreement: Beginning no later than in or about December 2008, and continuing until at least on or about March 11, 2020, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant XXXXXXX XXXXXX did conspire with Xxxxxxxx Xxxxx, Xxxxxxx Xxxxxx, and others, to commit an offense in violation of Title 18, United States Code, Sections 1956 and 1957, that is, (1) to knowingly conduct and attempt to conduct a financial transaction affecting interstate commerce, which involved the proceeds of a specified unlawful activity, that is the felonious buying and selling and otherwise dealing in a controlled substance, knowing that the transaction was designed in whole and in part to conceal and disguise the nature, location, source, ownership, and control of the proceeds of said specified unlawful activity and that while conducting and attempting to conduct such financial transaction knew that the property involved in the financial transaction represented the proceeds of some form of unlawful activity, in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i), and (2) to knowingly engage in a monetary transaction in and affecting interstate commerce in criminally derived property of a value greater than $10,000, such property having been derived from a specified unlawful activity, namely, the felonious buying and selling and otherwise dealing in a controlled substance, in violation of Title 18, United States Code, Section 1957, all in violation of Title 18, United States Code, Section 1956(h). More specifically, in or about 2008, XXXXXX was living in Mexico with other family members, including her husband (Xxxxxxxxx Xxxxxx, or “Xxxxxxxxx”), her brother-in-law (Xxxxx Xxxxxx, or “Xxxxx”), Xxxxx’s wife (Xxxxxxxx Xxxxx, or “Xxxxxxxx”), and her other brother-in-law (Xxxxxxx Xxxxxx, or “Xxxxxxx”). Between at least May 2005 and December 2008, Xxxxxxxxx and Xxxxx operated a Chicago- based distribution cell for the Sinaloa Cartel and the Xxxxxxx Xxxxx Organization, which involved the transportation and distribution of hundreds of kilograms of cocaine and kilogram quantities of heroin per month to customers in Ch...
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in Count One of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3, and establish a basis for forfeiture of the property described elsewhere in this Plea Agreement: Beginning no later than in or about May 2002, and continuing until in or about December 2008, at Deerfield and elsewhere in the Northern District of Illinois, Eastern Division, XXXXXXX X. XXXXXX (“XXXXXX”) devised and participated in a scheme to defraud U.S. Bank, and to obtain money and funds owned by and under the custody and control of U.S. Bank, by means of materially false and fraudulent pretenses and representations, in violation of Title 18, United States Code, Section 1344. During this period, U. S. Bank was a financial institution, the deposits of which were insured by the Federal Deposit Insurance Corporation (FDIC). More specifically, between May, 2002, and December, 2008, XXXXXX was a certified public accountant licensed by the State of Illinois and a tax preparer doing business as Gross and Xxxxxx, Ltd., and Xxxxxx and Associates, Inc., from offices in Deerfield, Illinois. XXXXXX provided accounting and tax preparation services to small businesses, principally medical and dental firms. As part of these services, XXXXXX prepared tax returns, including payroll tax returns and income tax returns, and monthly financial statements for clients. XXXXXX also advised clients regarding amounts due vendors of the clients, amounts to be periodically set aside and periodically paid for taxes due. XXXXXX was authorized by his clients to made payments to retirement programs and tax authorities for his clients with checks signed by his clients and drawn on clients’ accounts. Between May, 2002, and December, 2008, XXXXXX defrauded U.S. Bank by depositing more than $1.8 million in checks he misappropriated from Clients A - E into two checking accounts that he controlled at U.S. Bank and then withdrawing money from the accounts for personal use. XXXXXX used several means to do this:
Factual Basis. 21. The Defendant is pleading guilty because it is guilty of the charge contained in the Information. The Defendant admits, agrees, and stipulates only that the factual allegations with respect to its conduct as set forth in the Statement of Facts, attached hereto as Exhibit 3 and incorporated herein, are true and correct, that it is responsible for the acts of its officers and employees described in the Statement of Facts, and that the Statement of Facts accurately reflects the Defendant’s criminal conduct.
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in Count Three of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3: On or about November 25, 2013, at Elgin, in the Northern District of Illinois, Eastern Division, XXXXX XXXXXXX, knowingly transported and caused to be transported child pornography, as defined in Title 18, United States Code, Section 2256(8)(A), namely, a computer file titled (1) “SSPX0060.3g2” and (2) “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528 withsound_2529.avi,” using a means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computer, in violation of Title 18, United States Code, Section 2252A(a)(1). Specifically, defendant used the Yahoo! email addresses “kimdavid5582” and “george_mason57” to receive, trade, and distribute child pornography while at his office and residence in Elgin, Illinois, among other locations. For example, on November 25, 2013, at approximately 10:43 a.m., defendant, using the Yahoo! email address “kimdavid5582,” sent an email while in his Elgin office with the following message: “do you trade. This is what I lik.” The defendant attached two files that defendant knew contained child pornography. The first attachment was a video clip titled “SSPX0060.3g2,” which depicted a naked female, approximately 6 to 7 years old, lying on her back and holding her legs behind her head while an adult male rubbed his penis against her labia and anus. The second attachment was a video clip titled “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528withsound_2529.avi,” which depicted a naked female, approximately 2 to 3 years old, being vaginally penetrated by an adult male penis. In addition, defendant possessed images and videos depicting child pornography on computers and electronic storage devices in his residence, car and offices, including on his (1) Seagate, 320 GB hard drive, model Momentus 5400.6, bearing serial number 6VDHZZSG, stamped “Product of China”; (2) Dell Dimension 9200 computer, which contained a Seagate, 160 GB hard drive, model Barracuda 7200.9, bearing serial number 5LS8KGSX, stamped “Made in China”; (3) HP Compaq Pro 6305 computer, which contained a Seagate, 500 GB hard drive, model Barracuda, bearing serial number Z3TJJZMG, stamped “Prod...
Factual Basis. Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit that the facts set forth below are true, and were this case to go to trial, the United States would be able to prove those specific facts and others beyond a reasonable doubt: FACTS
Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in the information. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3: On October 1, 2009, at Beecher, in the Northern District of Illinois, Eastern Division, defendant XXXXXX X. XXXXXXX, XX., together with Xxxxx X. Xxxxxx, knowingly made and caused to be made false entries in the books, reports, and statements of First Community Bank, with intent to injure and defraud the Bank and to deceive the Board of Directors, the Federal Reserve, and the FDIC, namely, a Past Due Accounts report for September 2009 which falsely represented the past due accounts by intentionally omitting to disclose as past due approximately nine of Customer K’s loans and advances in the total principal amount of approximately $367,000, and approximately 39 of Customer M’s loans in the total principal amount of approximately $2.5 million. First Community Bank and Trust in Beecher, Illinois, was a state chartered bank, a member of the Federal Reserve System, and had its deposits insured by the FDIC. XXXXXXX was Senior Vice President for Lending, and responsible for overseeing past due loans, including the preparation of the Note Extension and Past Due Accounts reports. XXXXXXX was also a member of the Board of Directors of First Community Bank. Co-defendant Xxxxxx was Vice President for mortgage lending. As part of her duties as Vice-President, Xxxxxx had authority to access and make entries on customer loan account files. As a result of his position, XXXXXXX owed First Community Bank a fiduciary duty of care, good faith, and loyalty in management. XXXXXXX was aware that First Community Bank had certain lending policies. These policies included: (i) a policy allowing borrowers to skip one loan payment per year provided the borrower paid the interest due on the skipped payment; (ii) allowing extension of loan due dates provided certain conditions, including interest payments being current, were met; (iii) identifying and monitoring loans with due dates that had been extended on a Note Extension report or were past due 30 days or more on a Past Due Accounts report; and (iv) providing the Note Extension and Past Due Accounts reports to the Board of Directors of the Bank on a monthly basis for the Board’s review and approval. As a member of the Board of Directors, XXXXXXX r...
