Factual Basis for Guilty Plea Clause Samples
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which the defendant is pleading guilty are as follows:
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows:
A. The Defendant and Arkansas Legislature
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which he is pleading guilty are as follows: Beginning about April 2006 and continuing through about May 21, 2007, at ▇▇▇’▇ Summit and Raymore, in the Western District of Missouri, and elsewhere, defendant ▇▇▇▇▇▇▇ conspired with co-defendants ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and others including ▇▇▇▇▇ ▇▇▇▇▇▇▇, to obtain money from mortgage lenders and title companies, and to retain the money obtained, by means of material false and fraudulent pretenses, representations and promises, and by the concealment of material facts, and in the execution of the scheme to commit the offenses of interstate transportation of funds obtained by fraud, in violation of 18 U.S.C. §§ 2314 and 2, and wire fraud, in violation of 18 U.S.C.§§ 1343 and 2. As part of the scheme, coconspirators:
a. agreed that new homes in ▇▇▇’▇ Summit and Raymore, Missouri, could be sold at inflated prices in order to obtain loan proceeds in excess of the actual sales prices;
b. determined the actual sales prices wanted for the new homes;
c. agreed to structure the sales of the new homes in such a way that the buyers would receive money from the loan proceeds;
d. solicited potential buyers, representing that the buyers would receive from the loan proceeds the difference between the actual sales prices and the inflated prices, less closing costs;
e. agreed to purchase and obtain loans to purchase the new homes in excess of the actual sales prices to be paid to the seller, by material false and fraudulent representations and promises, and omissions of facts;
f. prepared and caused to be prepared loan applications and supporting documentation, containing material false and fraudulent representations and omissions of fact, all for submission to mortgage lenders;
g. obtained and used fraudulent social security account numbers;
h. submitted and caused to be submitted the material false and fraudulent loan applications and supporting documentation to mortgage lenders;
i. created and caused to be created entities, and bank accounts in entity names, in order to receive loan proceeds;
j. prepared and submitted to title companies closing the loans, material false and fraudulent documentation, and made material false and fraudulent material representations, in order to receive funds from the loan proceeds;
k. caused mortgage lenders to approve the loan applications in reliance on the material false, fraudulent and misleading represent...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows: In early 2008, the DEA and KCMOPD began an investigation into a loosely affiliated crack distribution ring operating in Kansas City, Missouri. That investigation eventually lead to a number of arrests and indictments and resulted in several cooperators. In the Spring and Summer of 2009, one of those cooperators began buying crack and powder cocaine from their Hispanic sources within the Western District of Missouri. Eventually, the cooperator worked up to buying direct from defendant ▇▇▇▇ ▇▇▇▇▇▇, a/k/a CASPER. Over the course of several months sufficient probable cause was obtained to initiate Title III wire interceptions on ▇▇▇▇▇▇’▇ phone in November 2009, and May and June of 2010. This indictment is a result of that investigation. ▇▇▇▇▇▇ was determined to be the main supplier for most of the indictees herein and ▇▇▇▇▇▇ had one main source, co-defendant ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and a few smaller, as needed, suppliers. While ▇▇▇▇▇▇ was mainly an ounce cocaine (crack and powder) supplier and pound marijuana supplier, he would try to accommodate whatever anyone wanted, with varying results.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with ▇▇▇▇▇ ▇▇▇▇▇▇▇ and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(B). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of Hampton. In October 2009, U.S. Immigration and Customs Enforcement (ICE) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) joined the investigation. ▇▇▇▇▇▇▇ sold ounce quantities of cocaine base to a confidential informant on October 27, November 11, and December 3 of 2009. Through the interception of court-authorized wire and electronic communications of target telephones used by ▇▇▇▇▇▇▇, investigators learned that ▇▇▇▇▇▇▇ purchased kilogram quantities of cocaine from ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, who was supplied by ▇▇▇▇▇▇▇ ▇▇▇▇. This cocaine was then distributed to ▇▇▇▇▇▇▇’▇ associates, including the defendant, as cocaine or cocaine base. ▇▇▇▇▇▇▇ and his associates would distribute cocaine base from various houses located in Kansas City neighborhoods. The location sites for distribution were changed frequently in order to defeat law enforcement attempts at surveillance and search warrants. Investigators learned that almost immediately after acquiring cocaine from ▇▇▇▇▇▇▇, usually in the amount of one or two kilograms, ▇▇▇▇▇▇▇ and his associates would begin calling and receiving calls from hundreds of potential customers for cocaine base. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, ▇▇▇▇▇▇▇’▇ organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following paragraphs are representative of the intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On February 4, 2010, at approximately 12:30 p.m., a telephone call was intercepted between ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ about a drug transaction for 3.5 grams of crack cocaine. During this call, ▇▇▇▇▇▇▇ asked ▇▇▇▇▇▇▇, “Where you at bro?” ▇▇▇▇▇▇▇ responded, “Out here by you.” ▇▇▇▇▇▇▇ sighed, “Nah just give me a track (slang for 3.5 grams) right now.” Hampton said, “Alright.” ▇▇▇▇▇▇▇ then states, “Make it that first shit I got from you last night. Not the secon...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which the defendant is pleading guilty are as follows: In June of 2010, the ▇▇▇▇▇▇▇▇ County Drug Strike Force (BCDSF) began an investigation into the methamphetamine distribution activities of ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇ was starting to be identified in various interviews as a regular and prolific methamphetamine source for the St. ▇▇▇▇▇▇ area. Before BCDSF could start a proactive investigation, ▇▇▇▇▇▇ wrecked a motorcycle (later found to have been taken that day for payment on a drug debt), which caught on fire on impact, and he was hospitalized for a period of time. Evidence obtained through a number of arrests, searches, controlled buys, recorded calls, interviews, and other investigative work, resulted in this nine defendant historical methamphetamine and heroin distribution conspiracy, money laundering conspiracy and firearm possession indictment.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the conduct underlying the offense to which defendant is pleading guilty include the following: On April 14, 2011, JCDTF Detective ▇▇▇▇▇▇▇ ▇▇▇▇▇, acting in an undercover role, ansd wearing a transmitting device, met with a confidential informant (CI) who introduced Doogs to APete@ (later identified as ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇) at a McDonalds on E. 87th Street in Kansas City, Missouri. ▇▇▇▇▇▇▇▇ made statements during this meeting that he had a friend who had just ▇▇▇▇▇ a burn@ (cooked meth), and that he had several Aclients@ purchasing meth both in and outside Kansas City. Doogs purchased a small bag of methamphetamine from ▇▇▇▇▇▇▇▇ for $500. ▇▇▇▇▇ asked ▇▇▇▇▇▇▇▇ if he could supply ounces of meth. ▇▇▇▇▇▇▇▇ said he could, agreed to sell meth to Doogs in the future, and said that the price would go down as the amounts went up. The meth purchased on this occasion weighed about 6.4 grams, and field-tested poitive for methamphetamine. Other JCDTF officers monitored the transaction by listening to the broadcasts from the transmitter worn by Doogs. The transmissions were also recorded. On April 21, 2011, Detective ▇▇▇▇▇, again working in an undercover capacity and wearing a transmitter, met ▇▇▇▇▇▇▇▇ at a Lowes home improvement store on Sterling in Kansas City, Missouri. Doogs saw that ▇▇▇▇▇▇▇▇ was standing next to a white Ford F-150, extended cab pickup, and that a dark-skinned male wearing round-rim glasses (later identified as ▇▇▇▇ ▇▇▇▇▇▇) was sitting in the driver=s seat. The driver told ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ to go to a nearby McDonalds to do the deal. ▇▇▇▇▇▇▇▇ then got into Doogs= undercover vehicle and they drove to the McDonalds a short distance east of the Lowes location. ▇▇▇▇▇▇▇▇ gave ▇▇▇▇▇ a clear plastic bag containing methamphetamine, and Doogs paid ▇▇▇▇▇▇▇▇ $800. ▇▇▇▇▇▇▇▇ told ▇▇▇▇▇ he had another 1/4 ounce of meth for sale at his residence. ▇▇▇▇▇ declined to purchase the extra meth, but agreed to buy more than one-half ounce the next time. ▇▇▇▇▇ then drove ▇▇▇▇▇▇▇▇ back to the Ford pickup. The drugs purchased on this occasion weighed about 14.6 grams, and field tested positive for methamphetamine. The transmissions from the transmitter were monitored and recorded. On May 5, 2011, Detective ▇▇▇▇▇, again wearing a transmitter, met ▇▇▇▇▇▇▇▇ at the Pick-n-Pull on ▇. ▇▇▇▇▇▇ Road in Kansas City, Missouri. ▇▇▇▇▇▇▇▇ arrived in a white Ford cargo van, riding in the passenger seat. Doogs paid ▇▇▇▇▇▇▇▇ $800 for a small bag of ...
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: That between on or about January 1, 2002, and May 31, 2007, in the Western District of Missouri and elsewhere, ▇▇▇▇▇▇ ▇▇▇▇▇, defendant herein, did knowingly and intentionally combine, conspire, confederate, and agree with others, both known and unknown, to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in an amount of 50 grams or more, contrary to the provisions of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B); all in violation of Title 21, United States Code, Section 846. Defendant was a member of the Galloping Goose Motorcycle Club chartered in Kansas City, Missouri. The Galloping Goose have an affiliate organization known as the El Forastero Motorcycle Club and in fact, the clubs share a common clubhouse in Kansas City, Missouri. As a member of the Galloping Goose, he was required to annually pay dues and attend a certain number of motorcycle trips, known as “runs” per year. On each run, the members were required to pay run money that was pooled, or collected by each club charter, forwarded to the specific Galloping Goose or El Forastero charter that hosted the particular motorcycle run, and was used to purchase methamphetamine, cocaine, and marijuana. Those drugs were maintained in run bags and were distributed, or made available, to all the club members that attended the run. The defendant knew what the money was going to be used for and knowingly contributed run money and in so doing, the defendant admits that he distributed methamphetamine, cocaine, and marijuana and assisted others in the distribution of those drugs. As an active member of the Galloping Goose Motorcycle Club, defendant participated in the distribution of between 500 -1500 grams of methamphetamine, figuring at least 20 runs over 5 years, each involving the distribution of 1 ounce (28 grams) of methamphetamine or more per run.
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which she is pleading guilty are as follows:
Factual Basis for Guilty Plea. The parties agree that the facts constituting the offense to which she is pleading guilty are as follows: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ is a United States citizen, who resided in St. ▇▇▇▇▇▇, Missouri. From on or about November 2009, and continuing until January 10, 2012, in the Western District of Missouri and elsewhere, defendant ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ knowingly and willfully conspired, combined, confederated and agreed with defendants ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ DE ▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇▇ a/k/a “Flaco,” ▇▇▇▇▇▇ DARISEO ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇-FLORES a/k/a “▇▇▇▇▇▇,” ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇ a/k/a “▇▇▇▇” “▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇”, ▇▇▇▇▇▇ ▇▇▇▇-▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇ a/k/a “▇▇▇▇,” ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and others, to violate the laws of the United States, specifically, to commit the following offenses:
a) Transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii);
b) Unlawful production of an identification document in violation of 18 U.S.C. § 1028(a)(1);
c) Unlawful transfer of the means of identification of another person in violation of 18 U.S.C. § 1028(a)(7); and
d) Social security fraud in violation of 42 U.S.C. § 408(a)(7). It was part of the conspiracy that illegal aliens would travel from across the United States to St. ▇▇▇▇▇▇, Missouri, to obtain either a Missouri driver’s or non-driver’s license at the St. ▇▇▇▇▇▇ license office, with unlawfully obtained birth certificates and Social Security cards. From November 2009, until January 10, 2012, it is estimated that over 3,500 Missouri driver and non-driver licenses have been unlawfully issued to illegal aliens as part of this conspiracy. It was further part of the conspiracy that ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and others would accompany illegal aliens into the St. ▇▇▇▇▇▇ license office, under the guise of being translators, in order to assist them with obtaining a Missouri driver’s or non-driver’s license that was in the name of another person who was listed on unlawfully obtained birth certificates and Social Security cards. It was further part of the conspiracy that illegal aliens would request assistance from ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇...