Violation of Plea Agreement by Defendant/Withdrawal of Plea Sample Clauses

Violation of Plea Agreement by Defendant/Withdrawal of Plea. ‌ 17 If the defendant, cooperating or not, violates this Plea Agreement in any way, withdraws his 18 plea, or tries to withdraw his plea, this Plea Agreement is voidable at the option of the government. The 19 government will no longer be bound by its representations to the defendant concerning the limits on 20 criminal prosecution and sentencing as set forth herein. One way a cooperating defendant violates the 21 plea agreement is to commit any crime or provide any statement or testimony which proves to be 22 knowingly false, misleading, or materially incomplete. Any post-plea conduct by a defendant 23 constituting obstruction of justice will also be a violation of the agreement. The determination whether 24 the defendant has violated the Plea Agreement will be under a probable cause standard.
Sample 1
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Violation of Plea Agreement by Defendant/Withdrawal of Plea. 2 If the defendant violates this plea agreement in any way, withdraws her plea, or tries to withdraw 3 her plea, this plea agreement is voidable at the option of the government. If the government elects to 4 void the agreement based on the defendant’s violation, the government will no longer be bound by its 6 forth herein. A defendant violates the plea agreement by committing any crime or providing or 7 procuring any statement or testimony which is knowingly false, misleading, or materially incomplete in 8 any litigation or sentencing process in this case, or engages in any post-plea conduct constituting 9 obstruction of justice. Varying from stipulated Guidelines application or agreements regarding 10 arguments as to 18 United States Code section 3553, as set forth in this agreement, personally or through 11 counsel, also constitutes a violation of the plea agreement. The government also shall have the right (1) 12 to prosecute the defendant on any of the counts to which she pleaded guilty; (2) to reinstate any counts 13 that may be dismissed pursuant to this plea agreement; and (3) to file any new charges that would 14 otherwise be barred by this plea agreement. The defendant shall thereafter be subject to prosecution for 15 any federal criminal violation of which the government has knowledge. The decision to pursue any or 16 all of these options is solely in the discretion of the United States Attorney’s Office.
Sample 1

Related to Violation of Plea Agreement by Defendant/Withdrawal of Plea

  • Defendant’s Breach of Plea Agreement If the defendant commits any crimes, violates any conditions of release, or violates any term of this plea agreement between the signing of this plea agreement and the date of sentencing, or fails to appear for sentencing, or if the defendant provides information to the Probation Office or the Court that is intentionally misleading, incomplete, or untruthful, or otherwise breaches this plea agreement, the United States will be released from its obligations under this agreement. The defendant, however, will remain bound by the terms of the agreement, and will not be allowed to withdraw his plea of guilty. The defendant also understands and agrees that in the event he violates this plea agreement, all statements made by him to law enforcement agents subsequent to the execution of this plea agreement, any testimony given by him before a grand jury or any tribunal or any leads from such statements or testimony shall be admissible against him in any and all criminal proceedings. The defendant waives any rights that he might assert under the United States Constitution, any statute, Rule 11(f) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal rule that pertains to the admissibility of any statements made by him subsequent to this plea agreement.

  • Waiver of Appellate and Post-Conviction Rights a. The defendant acknowledges, understands and agrees that by pleading guilty pursuant to this plea agreement he waives his right to appeal or collaterally attack a finding of guilt following the acceptance of this plea agreement, except on grounds of (1) ineffective assistance of counsel; or (2) prosecutorial misconduct.

  • Violation of Agreement If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

  • Grant Remedies Termination and Prohibited Activities 18 9.1 Remedies 18 9.2 Termination for Convenience 19 9.3 Termination for Cause 19

  • EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):

  • Effect of Withdrawal The Company shall not be dissolved by the dissolution or other event of withdrawal of a Member if any Member remains to carry on the business of the Company.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • CERTAIN TERMINATIONS PROHIBITED; CERTAIN CANCELLATIONS NON-APPEALABLE The following circumstances will not be considered a valid basis for termination of this agreement, and will be considered non- appealable or irrelevant to an appeal of a cancellation fee assessment:

  • PREVENTION OF FRAUD AND XXXXXXX The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Term: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Customer or any of the Customer’s employees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Term: establish, maintain and enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; keep appropriate records of its compliance with its obligations under Clause 14.3.1 and make such records available to the Customer on request; if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing that the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Ordered Panel Services in connection with this Legal Services Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Customer in writing if it becomes aware of any breach of Clause 14.1, or has reason to believe that it has or any of the Supplier Personnel have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Legal Services Contract or otherwise suspects that any person or Party directly or indirectly connected with this Legal Services Contract has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Customer pursuant to Clause 14.4, the Supplier shall respond promptly to the Customer's enquiries, co-operate with any investigation, and allow the Customer to audit any books, records and/or any other relevant documentation. If the Supplier breaches Clause 14.3, the Customer may by notice: require the Supplier to remove from performance of this Legal Services Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Legal Services Contract. Any notice served by the Customer under Clause 14.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Customer believes has committed the Prohibited Act and the action that the Customer has elected to take (including, where relevant, the date on which this Legal Services Contract shall terminate).

  • Grievance Withdrawal A grievance may be withdrawn at any level without establishing precedent.

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