USA v. Quinonez-Soto et al
Criminal

Middle District of Florida, flmd-8:2017-cr-00355-339530

PLEA AGREEMENT re: count(s) One of the Indictment as to Brian Quinonez-Soto

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Case 8:17-cr-00355-MSS-TGW Document 46 Filed 02/12/18 Page 1 of 23 Pageld 175 AF Approval Sa Chief Approval Alesd UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION 18 UNITED STATES OF AMERICA CASE NO.8:17-cr-355-T-35TGW SLOTTW BRIAN QUINONEZ-SOTO PLEA AGREEMENT Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by Maria Chapa Lopez, United States Attorney for the Middle District of Florida, and the defendant, BRIAN QUINONEZ-SOTO, and the attorney for the defendant, David E. Little, mutually agree as follows: Particularized Terms 1. Count Pleading To The defendant shall enter a plea of guilty to Count One of the Indictment: Count One charges the defendant with conspiracy to distribute and conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine (actual), in violation of 21 U.S.C. 88 841(a)(1), (b)(1)(A)(viii), and 846. 2. Minimum and Maximum Penalties Count One is punishable by a mandatory minimum term of imprisonment of 20 years up to a maximum term of life, a fine of up to Defendant's Initials AS 3 PagelD 176 $20,000,000, a term of supervised release of at least 10 years and up to life, and a special assessment of $100. 3. Alleyne v. United States and Apprendi v. New Jersey Under Alleyne v. United States, 570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466 (2000), a minimum sentence of twenty years' imprisonment and a maximum sentence of life imprisonment may be imposed because the following facts have been admitted by the defendant and are established by this plea of guilty: The weight of the methamphetamine (actual) that the defendant conspired to distribute and conspired to possess with the intent to distribute was 50 grams or more, Elements of the Offenses The defendant acknowledges understanding the nature and elements of the offense with which defendant has been charged and to which defendant is pleading guilty. The elements of Count One are; First: That two or more persons in some way or manner, came to a mutual understanding to try to accomplish a common and unlawful plan, as charged in the Indictment; Second: That the defendant, knowing the unlawful purpose of the plan, willfully joined in it; and Third: That the object of the plan was to distribute or possess with intent to distribute 50 grams or more of methamphetamine (actual). Defendant's Initials 3 PageID 185 make a full and complete disclosure of all assets over which defendant exercises control, including all assets held by nominees, to execute any documents requested by the United States to obtain from any other parties by lawful means any records of assets owned by the defendant, and to consent to the release of the defendant's tax returns for the previous five years. The defendant agrees to be interviewed by the government, prior to and after sentencing, regarding such assets. The defendant further agrees to be polygraphed on the issue of assets, if it is deemed necessary by the United States. The defendant agrees that Federal Rule of Criminal Procedure 11 and USSG § 1B1.8 will not protect from forfeiture assets disclosed by the defendant as part of the defendant's cooperation. The defendant agrees to take all steps necessary to assist the government in obtaining clear title to any substitute assets before the defendant's sentencing. In addition to providing full and complete information about substitute assets, these steps include, but are not limited to, the surrender of title, the signing of a consent decree of forfeiture, and signing of any other documents necessary to effectuate such transfers. Forfeiture of the defendant's assets shall not be treated as satisfaction of any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon the defendant in addition to forfeiture. Defendant's Initials_ņS 11 3 Pageld 186 The defendant agrees that, in the event the Court determines that the defendant has breached this section of the Plea Agreement, the defendant may be found ineligible for a reduction in the Guidelines calculation for acceptance of responsibility and substantial assistance, and may be eligible for an obstruction of justice enhancement. The defendant agrees that the forfeiture provisions of this plea agreement are intended to, and will, survive the defendant, notwithstanding the abatement of any underlying criminal conviction after the execution of this agreement. The forfeitability of any particular property pursuant to this agreement shall be determined as if the defendant had survived, and that determination shall be binding upon defendant's heirs, successors and assigns until the agreed forfeiture, including the forfeiture of any substitute assets, is final. B. Standard Terms and Conditions 1. Restitution, Special Assessment and Fine The defendant understands and agrees that the Court, in addition to or in lieu of any other penalty, shall order the defendant to make restitution to any victim of the offense, pursuant to 18 U.S.C. $ 3663A, for all offenses described in 18 U.S.C. § 3663A(C)(1); and the Court may order the defendant to make restitution to any victim of the offense, pursuant to 18 U.S.C. $ 3663, including restitution as to all counts charged, whether or not the defendant enters Defendant's Initia Defendant's Initials B 12 Case 8:17-cr-00355-MSS-TGW Document 46 Filed 02/12/18 Page 13 of 23 Pageld 187 a plea of guilty to such counts, and whether or not such counts are dismissed pursuant to this agreement. The defendant further understands that compliance with any restitution payment plan imposed by the Court in no way precludes the United States from simultaneously pursuing other statutory remedies for collecting restitution (28 U.S.C. $ 3003(b)(2)), including, but not limited to, garnishment and execution, pursuant to the Mandatory Victims Restitution Act, in order to ensure that the defendant's restitution obligation is satisfied. On each count to which a plea of guilty is entered, the Court shall impose a special assessment pursuant to 18 U.S.C. $ 3013. The special assessment is due on the date of sentencing. The defendant understands that this agreement imposes no limitation as to fine. 2. Supervised Release The defendant understands that the offenses to which the defendant is pleading provide for imposition of a term of supervised release upon release from imprisonment, and that, if the defendant should violate the conditions of release, the defendant would be subject to a further term of imprisonment. 3. Immigration Consequences of Pleading Guilty The defendant has been advised and understands that, upon conviction, a defendant who is not a United States citizen may be removed from Defendant's Initi 3 Pageld 188 the United States, denied citizenship, and denied admission to the United States in the future. 4. Sentencing Information The United States reserves its right and obligation to report to the Court and the United States Probation Office all information concerning the background, character, and conduct of the defendant, to provide relevant factual information, including the totality of the defendant's criminal activities, if any, not limited to the count to which defendant pleads, to respond to comments made by the defendant or defendant's counsel, and to correct any misstatements or inaccuracies. The United States further reserves its right to make any recommendations it deems appropriate regarding the disposition of this case, subject to any limitations set forth herein, if any. 5. Financial Disclosures Pursuant to 18 U.S.C. $ 3664(d)(3) and Fed. R. Crim. P. 32(d)(2)(A)(ii), the defendant agrees to complete and submit to the United States Attorney's Office within 30 days of execution of this agreement an affidavit reflecting the defendant's financial condition. The defendant promises that his financial statement and disclosures will be complete, accurate and truthful and will include all assets in which he has any interest or over which the defendant exercises control, directly or indirectly, including those held by a spouse, Defendant's Initia Defendant's Initials B S 14 14 3 PageID 189 dependent, nominee or other third party. The defendant further agrees to execute any documents requested by the United States needed to obtain from any third parties any records of assets owned by the defendant, directly or through a nominee, and, by the execution of this Plea Agreement, consents to the release of the defendant's tax returns for the previous five years. The defendant similarly agrees and authorizes the United States Attorney's Office to provide to, and obtain from, the United States Probation Office, the financial affidavit, any of the defendant's federal, state, and local tax returns, bank records and any other financial information concerning the defendant, for the purpose of making any recommendations to the Court and for collecting any assessments, fines, restitution, or forfeiture ordered by the Court. The defendant expressly authorizes the United States Attorney's Office to obtain current credit reports in order to evaluate the defendant's ability to satisfy any financial obligation imposed by the Court. 6. Sentencing Recommendations It is understood by the parties that the Court is neither a party to nor bound by this agreement. The Court may accept or reject the agreement, or defer a decision until it has had an opportunity to consider the presentence report prepared by the United States Probation Office. The defendant understands and acknowledges that, although the parties are permitted to make recommendations Defendant's Initials BS 15 3 PageID 190 and present arguments to the Court, the sentence will be determined solely by the Court, with the assistance of the United States Probation Office. Defendant further understands and acknowledges that any discussions between defendant or defendant's attorney and the attorney or other agents for the government regarding any recommendations by the government are not binding on the Court and that, should any recommendations be rejected, defendant will not be permitted to withdraw defendant's plea pursuant to this plea agreement. The government expressly reserves the right to support and defend any decision that the Court may make with regard to the defendant's sentence, whether or not such decision is consistent with the government's recommendations contained herein. 7. Defendant's Waiver of Right to Appeal the Sentence The defendant agrees that this Court has jurisdiction and authority to impose any sentence up to the statutory maximum and expressly waives the right to appeal defendant's sentence on any ground, including the ground that the Court erred in determining the applicable guidelines range pursuant to the United · States Sentencing Guidelines, except (a) the ground that the sentence exceeds the defendant's applicable guidelines range as determined by the Court pursuant to the United States Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory maximum penalty; or (c) the ground that the sentence violates the Eighth Amendment to the Constitution; provided, however, that if the Defendant's Initial Defendant's Initials 15 16 3 PageID 191 government exercises its right to appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the defendant is released from his waiver and may appeal the sentence as authorized by 18 U.S.C. $ 3742(a). 8. Middle District of Florida Agreement It is further understood that this agreement is limited to the Office of the United States Attorney for the Middle District of Florida and cannot bind other federal, state, or local prosecuting authorities, although this office will bring defendant's cooperation, if any, to the attention of other prosecuting officers or others, if requested. 9. Filing of Agreement This agreement shall be presented to the Court, in open court or in camera, in whole or in part, upon a showing of good cause, and filed in this cause, at the time of defendant's entry of a plea of guilty pursuant hereto. 10. Voluntariness The defendant acknowledges that defendant is entering into this agreement and is pleading guilty freely and voluntarily without reliance upon any discussions between the attorney for the government and the defendant and defendant's attorney and without promise of benefit of any kind (other than the concessions contained herein), and without threats, force, intimidation, or coercion of any kind. The defendant further acknowledges defendant's Defendant's Initials 65 17 3 PageID 192 understanding of the nature of the offense or offenses to which defendant is pleading guilty and the elements thereof, including the penalties provided by law, and defendant's complete satisfaction with the representation and advice received from defendant's undersigned counsel (if any). The defendant also understands that defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that defendant has the right to be tried by a jury with the assistance of counsel, the right to confront and cross-examine the witnesses against defendant, the right against compulsory self-incrimination, and the right to compulsory process for the attendance of witnesses to testify in defendant's defense; but, by pleading guilty, defendant waives or gives up those rights and there will be no trial. The defendant further understands that if defendant pleads guilty, the Court may ask defendant questions about the offense or offenses to which defendant pleaded, and if defendant answers those questions under oath, on the record, and in the presence of counsel (if any), defendant's answers may later be used against defendant in a prosecution for perjury or false statement. The defendant also understands that defendant will be adjudicated guilty of the offenses to which defendant has pleaded and, if any of such offenses are felonies, may thereby be deprived of certain rights, such as the right to vote, to hold public office, to serve on a jury, or to have possession of firearms. Defendant's Initials BS 18 3 PageID 193 11. 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 From at least October 2016 to July 2017, Brian Quinonez-Soto led a methamphetamine-trafficking organization that distributed well in excess 45 kg of 3 kilograms of ICE-quality methamphetamine in numerous shipments to lower-level distributors in the Middle District of Florida. Among these distributors, at least six have identified Quinonez-Soto as their source of supply. Corroborating evidence--such as recorded phone calls, text messages, other communications, and financial wire-transfer records-supports each of these cooperators' identification. As part of this conspiracy, Quinonez-Soto partnered with Reyandra Camorlinga. Camorlinga knowingly and willingly aided Quinonez-Soto's methamphetamine-trafficking organization by, among other things, contacting distributors about upcoming methamphetamine shipments and organizing and receiving wire transfers for the methamphetamine that Quinonez-Soto delivered. In all, Quinonez-Soto or Defendant's Initials Defendant's Initialis 10 3 Pageld 194 his designees received at least $33,214 for the methamphetamine from the above-noted conspiracy. One example of Quinonez-Soto's organization's activities came in October of 2016. On or about October 20, 2016, a package of 438.7 grams of 100%-pure methamphetamine that Quinonez-Soto had sent to one of his distributors arrived in the Middle District of Florida. Law-enforcement officers conducted a controlled delivery of this package to its intended address, the home of Cooperators 1 and 2 ("C1" and "C2"), which is also in the Middle District of Florida. Phone records from Cl's phone show numerous phone conversations and text messages between him, Quinonez-Soto, and Camorlinga around the date of the package's arrival. For instance, on October 20, 2016, the day that the package arrived in Tampa, Quinonez-Soto texted CI to say: "I just checked it's in Tampa but be careful bro." Additionally, on that same day, Quinonez-Soto texted C1 and directed him to wire $1125 to Reyandra Camorlinga. Wire records confirm that Cl and C2 in fact wired $1120 to Reyandra Camorlinga on that day. Cl also texted Camorlinga a copy of the wire receipt that day, when she asked him via text: "Ru going now cuz I'm about to be where it's at." Defendant's Initials_6S Defendant's Initia 20 20 Case 8:17-cr-00355-MSS-TGW Document 46 Filed 02/12/18 Page 21 of 23 PageID 195 Quinonez-Soto and Camorlinga's conspiracy continued, and by May of 2017, unbeknownst to both of them, one of their distributors in the Middle District of Florida had begun cooperating with the DEA. DEA arrested the cooperator ("C3") in January 2017, when he received a package from Quinonez-Soto that contained over 400 grams of 98%-pure methamphetamine. In May and June of 2017, C3 engaged in numerous recorded calls and texts with both Quinonez-Soto and Camorlinga, with the latter using the false name of "Michelle." During one call on June 21, 2016, "Michelle" indicated that she was "business partners" with Quinonez-Soto. "Michelle" said that she would send C3 information regarding the account that he should wire money into, and negotiated (using code) the sale of four ounces of methamphetamine for $2000, with $1000 to be paid before shipment and another $1000 to be paid after. Shortly, after this call, "Michelle" sent C3 a text with a bank account number, and later that day, DEA agents put $1000 in that account. "Michelle" confirmed that she had received the money, and C3 sent her a name and address to send the methamphetamine to. On June 29, 2017, Quinonez-Soto called C3. The call was recorded, and Quinonez-Soto confirmed C3's desired addressing information for the package of methamphetamine. Within a few days, a package arrived in the Middle Defendant's Initials B S 21 21 3 Pageld 196 District of Florida. It was addressed according to C3's instructions. Inside was 53.1 grams of 100%-pure methamphetamine. Postal records confirm that the package containing this methamphetamine was mailed within minutes of the telephone conversation between C3 and Quinonez-Soto. . Quinonez-Soto has a prior final conviction for trafficking in methamphetamine. 12. Entire Agreement This plea agreement constitutes the entire agreement between the government and the defendant with respect to the aforementioned guilty plea and no other promises, agreements, or representations exist or have been made to the defendant or defendant's attorney with regard to such guilty plea. Defendant's Initials BS: 22 Defendant's Initials 3 Pageld 197 13. Certification: The defendant and defendant's counsel certify that this plea agreement has been read in its entirety by (or has been read to) the defendant and that defendant fully understands its terms DATED this_8_day of Febfebruary, 2018. MARIA CHAPA LOPEZ United States Attorney 11 Greg I Nor Brian'Quinonez-Soto Defendant Gregory T. Nolan Assistant United States Attorney SSSSSS Cheve siganan, AUSA David E. Little Attorney for Defendant Stacie B. Harris Assistant United States Attorney Chief, Major Crimes Section T:\_Cases\Criminal Cases Q\Quinonez-Sota, Bryan_2017R01551_GTN\p_plea agreement Quinonez-Soto.docx 23 3 PageID 177 5. Counts Dismissed At the time of sentencing, the United States will move to dismiss the remaining counts against the defendant, Counts Two through Five, pursuant to Fed. R. Crim. P. 11(c)(1)(A). 6. No Further Charges If the Court accepts this plea agreement, the United States Attorney's Office for the Middle District of Florida agrees not to charge defendant with committing any other federal criminal offenses known to the United States Attorney's Office at the time of the execution of this agreement, related to the conduct giving rise to this plea agreement. 7. Guidelines Sentence Pursuant to Fed. R. Crim. P. 11(C)(1)(B), the United States will recommend to the Court that the defendant be sentenced within the defendant's applicable guidelines range as determined by the Court pursuant to the United States Sentencing Guidelines, as adjusted by any departure the United States has agreed to recommend in this plea agreement. The parties understand that such a recommendation is not binding on the Court and that, if it is not accepted by this Court, neither the United States nor the defendant will be allowed to withdraw from the plea agreement, and the defendant will not be allowed to withdraw from the plea of guilty. Defendant's Initials_BS 3 Case 8:17-cr-00355-MSS-TGW Document 46 Filed 02/12/18 Page 4 of 23 Pageld 178 8. Acceptance of Responsibility - Three Levels At the time of sentencing, and in the event that no adverse information is received suggesting such a recommendation to be unwarranted, the United States will recommend to the Court that the defendant receive a two-level downward adjustment for acceptance of responsibility, pursuant to USSG $3E1.1(a). The defendant understands that this recommendation or request is not binding on the Court, and if not accepted by the Court, the defendant will not be allowed to withdraw from the plea. Further, at the time of sentencing, if the defendant's offense level prior to operation of subsection (a) is level 16 or greater, and if the defendant complies with the provisions of USSG $3E1.1(b) and all terms of this Plea Agreement, including but not limited to, the timely submission of the financial affidavit referenced in Paragraph B.5., the United States agrees to file a motion pursuant to USSG $3E1.1(b) for a downward adjustment of one additional level. The defendant understands that the determination as to whether the defendant has qualified for a downward adjustment of a third level for acceptance of responsibility rests solely with the United States Attorney for the Middle District of Florida, and the defendant agrees that the defendant cannot and will not challenge that determination, whether by appeal, collateral attack, or otherwise. Defendant's Initial Defendant's Initials BS 4 4 3 PageID 179 9. Cooperation - Substantial Assistance to be Considered Defendant agrees to cooperate fully with the United States in the investigation and prosecution of other persons, and to testify, subject to a prosecution for perjury or making a false statement, fully and truthfully before any federal court proceeding or federal grand jury in connection with the charges in this case and other matters, such cooperation to further include a full and complete disclosure of all relevant information, including production of any and all books, papers, documents, and other objects in defendant's possession or control, and to be reasonably available for interviews which the United States may require. If the cooperation is completed prior to sentencing, the government agrees to consider whether such cooperation qualifies as "substantial assistance" in accordance with the policy of the United States Attorney for the Middle District of Florida, warranting the filing of a motion at the time of sentencing recommending (1) a downward departure from the applicable guideline range pursuant to USSG $5K1.1, or (2) the imposition of a sentence below a statutory minimum, if any, pursuant to 18 U.S.C. S 3553(e), or (3) both. If the cooperation is completed subsequent to sentencing, the government agrees to consider whether such cooperation qualifies as "substantial assistance" in accordance with the policy of the United States Attorney for the Middle District of Florida, warranting the filing of a motion for a reduction of sentence within one year of Defendant's Initials BS 5 Defendant's Initials 3 PageID 180 the imposition of sentence pursuant to Fed. R. Crim. P. 35(b). In any case, the defendant understands that the determination as to whether "substantial assistance" has been provided or what type of motion related thereto will be filed, if any, rests solely with the United States Attorney for the Middle District of Florida, and the defendant agrees that defendant cannot and will not challenge that determination, whether by appeal, collateral attack, or otherwise. 10. Use of Information - Section 1B1.8 Pursuant to USSG $1B1.8(a), the United States agrees that no self- incriminating information which the defendant may provide during the course of defendant's cooperation and pursuant to this agreement shall be used in determining the applicable sentencing guideline range, subject to the restrictions and limitations set forth in USSG $1B1.8(b). 11. Cooperation - Responsibilities of Parties a. The government will make known to the Court and other relevant authorities the nature and extent of defendant's cooperation and any other mitigating circumstances indicative of the defendant's rehabilitative intent by assuming the fundamental civic duty of reporting crime. However, the defendant understands that the government can make no representation that the Court will impose a lesser sentence solely on account of, or in consideration of, such cooperation. Defendant's Initials 655 6 3 Pageld 181 b. It is understood that should the defendant knowingly provide incomplete or untruthful testimony, statements, or information pursuant to this agreement, or should the defendant falsely implicate or incriminate any person, or should the defendant fail to voluntarily and unreservedly disclose and provide full, complete, truthful, and honest knowledge, information, and cooperation regarding any of the matters nöted herein, the following conditions shall apply: (1) The defendant may be prosecuted for any perjury or false declarations, if any, committed while testifying pursuant to this agreement, or for obstruction of justice. (2) The United States may prosecute the defendant for the charges which are to be dismissed pursuant to this agreement, if any, and may either seek reinstatement of or refile such charges and prosecute the defendant thereon in the event such charges have been dismissed pursuant to this agreement. With regard to such charges, if any, which have been dismissed, the defendant, being fully aware of the nature of all such charges now pending in the instant case, and being further aware of defendant's rights, as to all felony charges pending in such cases (those offenses punishable by imprisonment for a term of over one year), to not be held to answer to said felony charges unless on a presentment or indictment of a grand jury, and further being aware that all such felony charges in the instant case have heretofore properly been returned by the Defendant's Initi Defendant's Initials BS __ 7 3 PageID 182 indictment of a grand jury, does hereby agree to reinstatement of such charges by recision of any order dismissing them or, alternatively, does hereby waive, in open court, prosecution by indictment and consents that the United States may proceed by information instead of by indictment with regard to any felony charges which may be dismissed in the instant case, pursuant to this plea agreement, and the defendant further agrees to waive the statute of limitations and any speedy trial claims on such charges. (3) The United States may prosecute the defendant for any offenses set forth herein, if any, the prosecution of which in accordance with this agreement, the United States agrees to forego, and the defendant agrees to waive the statute of limitations and any speedy trial claims as to any such offenses. (4) The government may use against the defendant the defendant's own admissions and statements and the information and books, papers, documents, and objects that the defendant has furnished in the course of the defendant's cooperation with the government. (5) The defendant will not be permitted to withdraw the guilty pleas to those counts to which defendant hereby agrees to plead in the instant case but, in that event, defendant will be entitled to the sentencing limitations, if any, set forth in this plea agreement, with regard to those counts to which the defendant has pled; or in the alternative, at the option of the United Defendant's Initials BS 8 3 Pageld 183 States, the United States may move the Court to declare this entire plea agreement null and void. 12. Forfeiture of Assets The defendant agrees to forfeit to the United States immediately and voluntarily any and all assets and property, or portions thereof, subject to forfeiture, pursuant to 21 U.S.C. 8 853, whether in the possession or control of the United States, the defendant or defendant's nominees. The assets to be forfeited specifically include, but are not limited to, the $33,214 in proceeds the defendant admits he obtained, as the result of the commission of the offense to which the defendant is pleading guilty. The defendant acknowledges and agrees that: (1) the defendant obtained this amount as a result of the commission of the offense, and (2) as a result of the acts and omissions of the defendant, the proceeds have been transferred to third parties and cannot be located by the United States upon the exercise of due diligence. Therefore, the defendant agrees that, pursuant to 21 U.S.C. 3 853(p), the United States is entitled to forfeit any other property of the defendant (substitute assets), up to the amount of proceeds the defendant obtained, as the result of the offense of conviction. The defendant further consents to, and agrees not to oppose, any motion for substitute assets filed by the United States up to the amount of proceeds obtained from commission of the Defendant's Initials AS 9 3 Pageld 184 offense. The defendant agrees that forfeiture of substitute assets as authorized herein shall not be deemed an alteration of the defendant's sentence. The defendant also agrees to waive all constitutional, statutory, and procedural challenges (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the forfeiture described herein constitutes an excessive fine, was not properly noticed in the charging instrument, addressed by the Court at the time of the guilty plea, announced at sentencing, or incorporated into the judgment. The defendant admits and agrees that the conduct described in the Factual Basis below provides a sufficient factual and statutory basis for the forfeiture of the property sought by the government. Pursuant to Rule 32.2(b)(4), the defendant agrees that the preliminary order of forfeiture will satisfy the notice requirement and will be final as to the defendant at the time it is entered. In the event the forfeiture is omitted from the judgment, the defendant agrees that the forfeiture order may be incorporated into the written judgment at any time pursuant to Rule 36. The defendant agrees to take all steps necessary to identify and locate all substitute assets and to transfer custody of such assets to the United States before the defendant's sentencing. To that end, the defendant agrees to Defendant's Initials & 10