Factual Basis Clause Examples

Factual Basis. Defendant will plead guilty because he is in fact guilty of the charge contained in Count Two 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: Beginning no later than on or about March 17, 2010, and continuing until at least March 23, 2010, at Chicago, in the Northern District of Illinois, and elsewhere, defendant, a citizen of the United States, did knowingly attempt to provide material support and resources, namely, property (funds) and currency, as those terms are defined in Title 18, United States Code, Section 2339A(b) and 2339B(g), to a foreign terrorist organization, namely al Qaeda, which was designated by the United States Secretary of State as a foreign terrorist organization on October 8, 1999, and redesignated on October 5, 2001, October 2, 2003, and January 22, 2009, knowing that al Qaeda had engaged and was engaging in terrorist activity (as defined in Section 212(a)(3)(B) of the Immigration and Nationality Act), and that al Qaeda had engaged and was engaging in terrorism (as defined in Section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989); in violation of Title 18, United States Code, Section 2339B(a)(1). Specifically, on October 8, 1999, the U.S. Secretary of State designated al Qaeda as a foreign terrorist organization. The Secretary of State redesignated al Qaeda as a foreign terrorist organization on October 5, 2001, October 2, 2003, and January 22, 2009. Defendant, who became a naturalized U.S. citizen in 1988, was born and resided in the Azad Kashmir region of Pakistan prior to immigrating to the United States in the late 1970's. Although he maintained a permanent residence in the United States, defendant usually traveled to Pakistan annually, for months at a time, to visit with family and tend to other affairs. During one such trip, in or around the early to mid-2000s, defendant was contacted by several individuals seeking monetary donations for ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, who, as defendant knew, was a leader of the Kashmir independence movement and was involved in, among other things, leading, participating in, coordinating, and training others for attacks against the Indian government in an effort to force India out of the portions of the Kashmir region it controlled. Defendant supported Kashmir independence from India. Defendant and the individuals trave...

Factual Basis. 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. 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, and establish a basis for forfeiture of the property described elsewhere in this Plea Agreement: Beginning no later than in or around 2013, and continuing until at least in or around November 2020, at Chicago, in the Northern District of Illinois, and elsewhere, defendant ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ knowingly executed a scheme to obtain money owned by and under the care, custody, and control of a financial institution, namely, Huntington Bank, by means of materially false and fraudulent pretenses, representations, and promises, as further described below. Specifically, ▇▇▇▇▇▇ acknowledges that at times material, Huntington Bank (“Huntington”) was a financial institution whose deposits were insured by the Federal Deposit Insurance Corporation. Business 1 was a private health club located in Chicago, Illinois. Business 1 was a depositor at Huntington Bank and maintained a blank check stock that drew on Business 1’s bank accounts at Huntington Bank. ▇▇▇▇▇▇ was employed as Business 1’s Controller. As Controller, ▇▇▇▇▇▇ oversaw Business 1’s financial bookkeeping and was custodian of Business 1’s blank check stock, which, among other things, was used to issue manual payroll checks to employees. Manual payroll checks required the authorizing signatures of Business 1’s Controller and Chief Financial Officer. Individuals A, B, C, and D were Business 1 employees. Beginning no later than 2013, and continuing until November 2020, ▇▇▇▇▇▇ generated and caused to be generated multiple false Business 1 manual payroll checks payable to Individuals A, B, C, and D (the “payees”) from Business 1’s blank check stock. ▇▇▇▇▇▇ signed the false payroll checks as Business 1’s Controller and, without the knowledge or approval of Business 1’s Chief Financial Officer, forged the Chief Financial Officer’s signature for purposes of fraudulently authorizing the checks. Without the knowledge or approval of the payees, ▇▇▇▇▇▇ forged the payees’ signatures for purposes of fraudulently endorsing the checks. ▇▇▇▇▇▇ then deposited the false payroll checks into bank accounts that he controlled and converted the funds to his own personal use. To conceal the fraud and embezzlement, ▇▇▇▇▇▇ regularly made false entries into ...

Factual Basis. The Defendant is pleading guilty because it is guilty of the charges contained in the Information. The Defendant admits, agrees, and stipulates that the factual allegations set forth in the Information and Attachment A are true and correct, that it is responsible for the acts of its officers, employees, and agents described in the Information and Attachment A, and that the Information and Attachment A accurately reflect the Defendant’s criminal conduct.

Factual Basis. The Defendant is pleading guilty because it is guilty of the charge contained in the Information. The Defendant admits, agrees, and stipulates that the factual allegations set forth in the Information and the Statement of Facts are true and correct, that it is responsible for the acts of its officers, directors, employees, and agents described in the Information and Statement of Facts, and that the Information and Statement of Facts accurately reflect the Defendant’s criminal conduct. The Defendant stipulates to the admissibility of the Statement of Facts in any proceeding by the Offices, including any trial, guilty plea, or sentencing proceeding, and will not contradict anything in the attached Statement of Facts at any such proceeding.

Factual Basis. 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, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ about his ideas for a terrorist attack. ▇▇▇▇▇▇▇ suggested bombing the commercial area surrounding Wrigley Field as one option. ▇▇▇▇▇▇▇ explained that an attack against an entertainment center like the one near Wrigley Field could “paralyze” Chicago commerce. In response, the CS told ▇▇▇▇▇▇▇ that he/she had “friends” who might be willing to pay ▇▇▇▇▇▇▇ to perpetrate such an attack. Over the following weeks, the CS and ▇▇▇▇▇▇▇ continued to discuss ▇▇▇▇▇▇▇’▇ ideas for perpetrating a terrorist act. ▇▇▇▇▇▇▇ indicated that he wanted to meet with the CS’s contacts and was anxious to act against Chicago. The CS arranged a meeting between ▇▇▇▇▇▇▇ and an individual the CS represented to be one of his/her purported contacts on July 8, 2010. Then unbeknownst to ▇▇▇▇▇▇▇, the contact was an undercover FBI task force officer (hereinafter “UC-1”). During their initial meeting, ▇▇▇▇▇▇▇ told UC-1 that he had been contemplating how to perpetrate terrorist attacks in Chicago. ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ was personally willing to do, ▇▇▇▇▇▇▇ indicated that he would be willing to facilitate a car bombing or the assassination of Chicago police officers. ▇▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇ stated that casualties were the inevitable result of what he termed “revolution.” ▇▇▇▇▇▇▇ met with UC-1...

Factual Basis. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts One and Two of the Information. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt. On or about September 26, 2014, at Aurora, in the Northern District of Illinois, Eastern Division, defendant ▇▇▇▇▇ ▇▇▇▇▇▇ willfully set fire to, damaged, destroyed, and disabled an air navigation facility, namely the Chicago Air Route Traffic Control Center, and willfully interfered by force and violence with the operation of that facility, likely endangering the safety of aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce, in violation of Title 18, United States Code, Section 32(a)(3). In addition, on or about September 26, 2014, at Aurora, Illinois, in the Northern District of Illinois, Eastern Division, defendant used fire to commit a felony which may be prosecuted in a court of the United States, namely willfully setting fire to, damaging, destroying, and disabling an air navigation facility, and willfully interfering by force and violence with the operation of such a facility, in violation of Title 18, United States Code, Section 844(h). Specifically, the Chicago Air Route Traffic Control Center (the “Control Center”) is an FAA-owned, access-controlled facility located in Aurora, Illinois. The Control Center is an “en route facility” responsible for safely guiding airplanes at higher altitudes across its geographic territory. The Control Center’s geographic territory included the air space over parts of Illinois, Indiana, Iowa, Wisconsin, and Michigan. On September 26, 2014, defendant was employed by an FAA contractor as a Lead Aerospace Engineer. In this capacity, and in his predecessor roles, defendant worked on telecommunications matters at the Control Center and at other FAA facilities for approximately eight years. Defendant had specialized knowledge regarding the Control Center’s telecommunications infrastructure, and was often his employer’s lead troubleshooter for telecommunications issues affecting FAA air navigation facilities. Defendant was responsible for maintaining the federal telecommunications infrastructure at the Control Center, as well as at other FAA facilities. On September 26, 2014, at approximately 5:00 a.m., defendant entered the Control Center using his FAA-issued crede...

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: Defendant is the managing member of OM Global Investment Fund LLC (the “OM Global Fund”), an unregistered pooled investment vehicle fund formed in 2009. Defendant is also the principal owner and operator of OM Investment Management LLC, a formerly registered investment advisor. Defendant and the OM Global Fund were investment advisers within the meaning of Section 202(a)(11) of the Investment Advisers Act, 15 U.S.C. Section 80-b2(a)(11). Beginning in or about 2011, defendant began soliciting investments for the OM Global Fund by, among other methods, touting its access to pre-IPO shares of Facebook, Inc. By the end of 2012, defendant had secured investments exceeding $15 million for the OM Global Fund. As part of the investments for the OM Global Fund, defendant raised more than $9 million “side pocket” investments based on representations to approximately 130 investors that their investments in the OM Global Fund would be used exclusively for the purchase of shares of Facebook. Contrary to these representations and unbeknown to “side pocket” investors, defendant later sold Facebook shares and thereafter used certain of those funds designated exclusively for the purchase of Facebook shares for other investments. Defendant made material misrepresentations and omissions through OM Investment Management to investors in order to mislead investors about the nature and value of their investment in the OM Global Fund and to conceal from “side pocket” investors that he had used their money for investments other than Facebook. The OM Global Fund lost approximately $9 million before it went into receivership in September 2013.

Factual Basis. 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: Beginning in approximately October 1999, and continuing through approximately September 2003, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and co-defendant ▇▇▇▇▇ ▇▇▇▇▇▇ knowingly executed a scheme to defraud Central Illinois Bank, a financial institution, and to obtain moneys and funds owned by and under the custody and control of CIB, by means of materially false and fraudulent pretenses and representations. Specifically, between approximately October 1999 and September 2003, ▇▇▇▇▇▇▇▇▇, together with ▇▇▇▇▇▇, caused and attempted to cause CIB, a financial institution, the deposits of which were insured by the Federal Deposit Insurance Corporation, to lend money for the acquisition and development of properties located at ▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇. ▇▇▇ ▇▇▇▇▇ Street in Chicago, Illinois, by falsely representing the sales price of the properties, their equity in the projects, and the use of the loan proceeds.