Common use of Government’s Agreements Clause in Contracts

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the conspiracy alleged in the indictment for which it has venue and which arose out of the defendant’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-two, and Twenty-four at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against the defendant for any federal criminal offenses related to the conspiracy alleged in the indictment distribution of pesticides and devices with altered and defaced labels or any other FIFRA violations for which it has venue and which arose out of the defendant’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-two, and Twenty-four at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his its right to challenge the initiation of the dismissed or additional charges against him it if he it breaches this agreement. The defendant expressly waives his its right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him it following a breach of this agreement. The defendant further understands and agrees that that, if the Government elects to file additional charges against him it following his its breach of this plea agreement, he it will not be allowed to withdraw his its guilty plea. The defendant agrees to immediately discontinue and cease its receipt, possession, and distribution of pesticides, rodenticides, and insecticide products until or unless it obtains the proper registration(s), license(s), and permit(s) from the Environmental Protection Agency (EPA). In the event the defendant obtains the proper registration(s), license(s), and permit(s), the defendant further agrees to abide by all FIFRA, EPA, and Missouri Department of Natural Resources (MDNR) guidelines and regulations relating to receipt, storage, distribution, and sale of these products.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s 's Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the conspiracy alleged in the indictment to distribute controlled substances, and conspiracy to commit promotional and concealment money laundering, for which it has venue and which arose out of the defendant’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen Twenty-One through Twenty-two, and Twenty-four Four as to defendant Xxxxxx at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his her right to challenge the initiation of the dismissed or additional charges against him her if he she breaches this agreement. The defendant expressly waives his her right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him her following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him her following his her breach of this plea agreement, he she will not be allowed to withdraw his her guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses that may be prosecuted under Title 18, United States Code, and that are related to the conspiracy alleged in theft of funds from the indictment State of Missouri and Saline County for which it has venue and which arose out of the defendant’s conduct described above. Additionally, The defendant understands that the United States Attorney for the Western District of Missouri is not authorized to make agreements regarding the prosecution of federal criminal offenses that are prosecutable under Title 26, United States Code. Additionally, the United States Attorney’s Office for the Western District of Missouri agrees to dismiss Counts Fourrecommend a total sentence of no more than twelve months and one day imprisonment, Sixnot more than three years of supervised release, Eightno fine, Nine, Fifteen, Sixteen, Eighteen through Twenty-twomandatory restitution to Saline County in the amount of $51,162.09, and Twenty-four at sentencingto the State of Missouri in the amount of $27,749.14, resulting in an aggregate amount of $78,911.20. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney’s 's Office for the Western District of Missouri, as part of this plea agreement, (i) agrees to recommend a sentence of imprisonment near or, if the low end of the imprisonment guideline range is greater than zero, at the low end of the imprisonment guideline range the Court determines is applicable to the offenses of conviction, (ii) agrees not to bring any additional charges against the defendant for any federal criminal offenses related to the conspiracy alleged crimes charged in the indictment for which it has venue and which arose out of the defendant’s conduct described above. Additionallythat is presently disclosed by the evidence in the case, and (iii) agrees, following the United States Attorney for defendant's sentencing on the Western District offenses of Missouri agrees conviction, to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen Four through Twenty-two, seven and TwentyThirty through Forty-four at sentencingone of the indictment as to the defendant. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty pleapleas.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant the defendants for any federal criminal offenses related to the conspiracy alleged in the indictment defendants’ spam email scheme for which it has venue and which arose out of the defendant’s defendants’ conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-two, and Twenty-four the remaining counts of the Indictment against the defendants at sentencing. The defendant understands United States Attorney’s Office for the Western District of Missouri further agrees not to charge the defendant’s parents, Xxxxxx X. Xxxx and Xxxxx Xxxx Xxxx, and the defendant’s brother, Xxxxxx Xxxx, with any offenses related to the defendants’ spam email scheme described in this agreement, for which the Western District of Missouri has venue and which occurred on or between January 1, 2004, and the date of the Indictment. The defendants understand that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes defendants recognize that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant defendants might be charged is based solely on the promises made by the defendant defendants in this agreement. If the defendant breaches defendants breach this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant defendants expressly waives his waive their right to challenge the initiation of the dismissed or additional charges against him them if he breaches they breach this agreement. The defendant defendants expressly waives his waive their right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him them following a breach of this agreement. The defendant defendants further understands understand and agrees agree that if the Government elects to file additional charges against him them following his their breach of this plea agreement, he they will not be allowed to withdraw his their guilty plea.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney’s 's Office for the Western District of Missouri, as part of this plea agreement, (i) agrees to recommend a sentence of imprisonment near or, if the low end of the imprisonment guideline range is greater than zero, at the low end of the imprisonment guideline range the Court determines is applicable to the offenses of conviction, (ii) agrees not to bring any additional charges against the defendant for any federal criminal offenses related to the conspiracy alleged crimes charged in the indictment for which it has venue and which arose out of the defendant’s conduct described above. Additionallythat is presently disclosed by the evidence in the case, and (iii) agrees, following the United States Attorney for defendant's sentencing on the Western District offenses of Missouri agrees conviction, to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen Thirty through TwentyThirty-two, seven and TwentyForty through Forty-four at sentencingthree of the indictment as to the defendant. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his her right to challenge the initiation of the dismissed or additional charges against him her if he she breaches this agreement. The defendant expressly waives his her right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him her following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him her following his her breach of this plea agreement, he she will not be allowed to withdraw his her guilty pleapleas.

Government’s Agreements. Based upon the evidence in its possession at this time, the United States Attorney’s 's Office for the Western District of Missouri and the Environmental Crimes Section, United States Department of Justice, as part of this Plea Agreement, agrees not to further prosecute defendant or any of its current or former employees, officers, directors, agents, attorneys, or any of its subsidiaries, affiliated entities, or assignees for any violations of federal criminal law arising out of conduct relating to Xxxxxxxxx during the period of in or about July 2006 through in or about February 2008 as described in Paragraph three of this Plea Agreement, within the scope of the Information referenced in Paragraph two of this Plea Agreement, and occurring 6 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 6 of 60 prior to the execution of this Plea Agreement. This provision is binding on the United States Attorney's Office for the Western District of Missouri, as part of this plea agreementthe other 92 United States Attorney's Offices (the "other USAOs"), agrees not to bring any additional charges against defendant for any federal criminal offenses related to and the conspiracy alleged in the indictment for which it has venue and which arose out Environmental Crimes Section of the defendant’s conduct described aboveEnvironment and Natural Resources Division, United States Department of Justice ("ECS"). Additionally, Defendant understands and agrees that the United States Attorney Attorney's Office for the Western District of Missouri agrees to dismiss Counts FourMissouri, Six, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-twoECS, and Twenty-four at sentencing. The the other USAOs, are free to prosecute defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney aforementioned persons or entities for any other unlawful past conduct not specifically exempted by this Agreement or any illegal conduct that occurs after the Western District date of Missouri has no knowledgethis Plea Agreement. The defendant recognizes that the United States’ ' agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreementPlea Agreement. If the defendant breaches this plea agreementPlea Agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his its right to challenge the initiation of the dismissed or additional charges against him if he breaches for such breach of this agreementPlea Agreement. The defendant expressly waives his its right to assert a statute of limitations defense if the dismissed or additional charges as to which the applicable limitations period had not already expired as of the date that both the defendant and the Government signed this Plea Agreement are initiated against him defendant following a breach of this agreementPlea Agreement. The defendant further understands and agrees that if the Government elects to file additional charges or proceed with the original charges against him it following his a breach of this Plea Agreement that: (1) any statements made by the defendant's representative, under oath, at the guilty plea agreementhearing (if such hearing occurred prior to the breach); (2) the Factual Basis in this Plea Agreement; and (3) any evidence lawfully derived from such statements, he will are admissible against defendant in any such prosecution or action against defendant, and defendant shall not assert any claim under the United States Constitution, Rule 410 of the 7 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 7 of 60 Federal Rules of Evidence, or Rule ll(f) of the Federal Rules of Criminal Procedure that the statements or evidence derived from any statements should be allowed suppressed or are inadmissible. 9. Withdrawal of Plea. Either party reserves the right to withdraw his from this plea agreement for any or no reason at any time prior to the entry of the defendant's plea of guilty pleaand its formal acceptance by the Court. In the event of such withdrawal, the parties will be restored to their pre-plea agreement positions to the fullest extent possible. 10.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the conspiracy alleged in the indictment to commit unregistered securities fraud and wire fraud for which it has venue and which arose out of the defendant’s conduct described above. AdditionallyIn exchange for Xx. Xxxxxxx being available for an interview with representatives of the Social Security Administration and in recognition of his willingness to voluntarily pay back any monies owed back to the Social Security Administration, the United States Attorney for if any, the Western District of Missouri will also agree not to prosecute Xx. Xxxxxxx for any potential claims as to facts surrounding SSI supplements. In exchange for Xx. Xxxxxxx being available for an interview with representatives of the United States Department of Agriculture and in recognition of his willingness to voluntarily pay back any monies owed back to the United States Department of Agriculture, if any, the Western District of Missouri also agrees not to dismiss Counts Four, Six, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-two, and Twenty-four at sentencingprosecute Xx. Xxxxxxx for fraudulent statements related to his receipt of food stamp benefits. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related to the conspiracy alleged in the indictment defendant’s spam email scheme for which it has venue and which arose out of the defendant’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Fourthe remaining counts of the Indictment against the defendant at sentencing. The United States Attorney’s Office for the Western District of Missouri further agrees not to charge the defendant’s parents, Six, Eight, Nine, Fifteen, Sixteen, Eighteen through Twenty-twoXxxxxx X. Xxxx and Xxxxx Xxxx Xxxx, and Twenty-four at sentencingthe defendant’s brother, Xxxxxx Xxxx, with any offenses related to the defendants’ spam email scheme described in this agreement, for which the Western District of Missouri has venue and which occurred on or between January 1, 2004, and the date of the Indictment. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.