Young Plea Deal

Case Document 527 Filed 12/13/13 Page 1 of 10 DAVID B. BARLOW, United States Attorney (#13117) ROBERT A. LUND, Assistant United States Attorney (#9579) CY H. CASTLE, Assistant United States Attorney (#4809) STEWART M. YOUNG, Assistant United States Attorney (#14377) TYLER L. MURRAY, Assistant United States Attorney (#10308) Attorneys for the United States of America 185 South State Street, #300 Salt Lake City, Utah 84111 Telephone: (801) 524-5682 Facsimile: (801) 524?6925 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION UNITED STATES OF AMERICA, Case: Plaintiff, BY DEFENDANT IN vs. ADVANCE OF PLEA OF GUILTY PURSUANT TO FED. R. CRIM. P. DAVID YOUNG, Defendant. Judge Tena Campbell I hereby acknowledge and certify that I have been advised of and that I understand the following facts and rights, and. that 1 have had the assistance of counsel in reviewing, explaining, and completing this form: - i 1. As part of this agreement with the United. States, I intend to plead guilty to Count . 1 of the Information, Disclosure of Procurement Information, in violation of 41 i 1957. My attorney has explained the nature of the charge against me, and I have had an opportunity to discuss the nature of the charges with my attorney. I understand the charges and What the government is required to prove in order to convict me. The elements. of Count 1 of the Information, 41 U.S.C. 2102(b) 2105, Violation of the Prohibition of Disclosing Procurement Information are: First, the defendant disclosed contractor bid or proposal information or source selection information; -. . . r- Case Document 527 Filed 12/13/13 Page 2 of 10 Second, the defendant was a federal of?cial at the time of the disclosure; Third, the information had not been previously made available to the public or disclosed publicly; Fourth, the defendant knowingly disclosed the information; Fifth, the defendant knowingly disclosed the information before the award of a Federal agency procurement contract; Sixth, the disclosed information related to a Federal agency procurement contract; and, Seventh, the defendant knowingly either exchanged the information for anything of value or to give a competitive advantage to a third person in the award of a Federal agency procurement contract. The elements of Count 2 ofthe Information, 18 use. 1957(a) 2, Money Laundering, are: First, the defendant knowingly engaged in a monetary transaction involving criminally derived property by, through, or to a ?nancial institution affecting interstate or foreign commerce; Second, the property derived from a specified unlawful activity, to wit: wire fraud; Third, the defendant knew the property derived from criminal activity; Fourth, the monetary transaction involved a value" greater than $10,000. I know that the. maximum possible penalty provided by law for Count 1 of the Information, Disclosure of Procurement Information, a violation of 41 U.S.C. 2102(b) 2105, is a term of imprisonment of up to five (5) years, a fine of up to $250,000 or twice the gross pecuniary gain of loss caused by the offense, and a term of supervised release of up to three (3) years. I know that the maximum possible penalty provided bylaw for Count 2 of the- Information, Money Laundering, a violation of 18 U.S.C. 1957, is a term of imprisonment of not more than 20 years, a fine of up to $250,000, and a term of supervised release up to 3 years. ?1'nn?derst'and?that?'if?the supervised?release term is v?rolate?drl" can be?re'tu'rned?to?prtson for the length oftime provided in 18 U.S.C. - The defendant and the United States agree that all other sentence __provisions_ sopervised release and assessments, etc.) will be imposed in accordance with applicable law, although the defendant may argue for, and the United States may recommend, no supervised release. - Additionally, I know the court is required to impose an assessment in the amount of $100 per felony for each offense of conviction, pursuant to 18 U.S.C. 3013. In addition, I 2 Case Document 527 Filed 12/13/13 Page 3 of 10 know in the United States? Information, the United States provided notice of its intent to seek forfeiture from Mr. Young. 3. I know that the sentencing procedures in this case and the ultimate sentence will be determined pursuant to 18 U.S.C. 3553(a), and that the Court must consider, but is not bound by, the United States Sentencing Guidelines, in determining my sentence. I have discussed these procedures with my attorney. I also know that the ?nal calculation of my sentence by the Court may differ from any calculation the United States, my attorney, or I may have made, and I will not be able to withdraw my plea for that reason. However, because my plea of guilty is being entered pursuant to FED. R. CRIM. P. as explained below, I know that I will be able to withdraw my plea if the Court does not accept the terms of this agreement. 4. I know that I can be represented by an attorney at every stage. of the proceeding, and I know that if I cannot afford an attorney, one will be appointed to represent met. 5.. I know that I have a right to plead "Not Guilty," and I know that if I do plead "Not Guilty, I can have a trial. . 6. I know that I have a right to a trial by jury, and I know that if I stand trial by a jury: I have a right to the aSSistance of counsel at every stage of the proceeding. I have a right to see and observe the witnesses who testifyagainst me. My attorney can cross-examine all witnesses who testify against me. (Cl) I can call witnesses to testify at trial, and I can obtain subpoenas to require the attendance and testimony of those witnesses. If I cannot afford to pay for the appearance of a witness and mileage fees, the government will pay them. I cannot be forced to incriminate myself, and I do not have to testify at any trial. If I do not want to testify, the jury will be told that no- inference adverse to me may be drawn from my election not to testify. The government must prove each and every element of the offense charged againstme beyond a reasonable doubt. It requires a unanimous verdict of a jury to convict me. If I were to be convicted, I could appeal, and if I could not afford to appeal, the government would pay the costs of the appeal, including the services of appointed counsel. Case Document 527 Filed 12/13/13 Page 4 of 10 7. If I plead guilty, I will not have a trial of any kind. 8. - I know that 18 U.S.C. 3742(c)(1) sets forth the circumstances under which I may appeal my sentence. However, fully understanding my right to appeal my sentence, and in consideration of the concessions andfor commitments made by the United States in this plea' agreement, I knowingly, voluntarily and expressly waive my right to appeal as set forth in paragraph 12 below. 9. I know that, under 18 U.S.C. 3742(c)(2), the United States may only appeal In sentence if it is less than the sentence set forth in this agreement. 10. I know that under a plea of guilty the judge may ask me questions under oath about the offense. The questions, if asked on the record and in the presence of counsel, must be answered truthfully and, if I give false answers, I Can be prosecuted for perjury. 11. I stipulate and agree that the following facts accurately describe my conduct. These facts provide a basis for the Court to accept my guilty plea and for calculating the sentence in my case: Between March and June of 2007, I deployed as an activated reservis?t to Afghanistan with the United States Army at the Combined Joint Special Operations Task Force?Afghanistan and acted as an official liaison for Afghan National Security Force Partnering. In that position, I oversaw coordination between and the Combined Security Transition Command?Afghanistan which supervised the transfer of greater responsibility for Afghanistan?s national. security to the Afghans. At that time, a need arose to train the Afghan forces in weapons maintenance and property book management. determined to solicit a pilot contract to meet that need. By virtue of my position as a federal official at I possessed confidential bid, proposal, and source selection information concerning this pilot contract which the Army eventually solicited to US. private contractors. The stipulated a need for logistics and weapons maintenance support for Afghan commando units.? Michael Taylor was the owner .and Chief Executive Of?cer of American International Security Corporation (AISC). During the source selection process and before award of the contract, I disclosed to Michael Taylor and Christopher Harris the government?s price estimate ?f6r_the contract, source selection bid, and other sensitive and protected material. As the contract had not been awarded, the information which I disclosed remained protected. AISC reSponded to a solicitation and used that information to prepare and submit a'bidlon the contract. protected information provided a competitive advantage in the source selection process, and the Army subsequently awarded the contract to AISC. AISC paid Christopher Harris over $17,000,000 throughout the life of the contract. Thereafter, Harris and AISC paid me monies related to the contract, including sending a wire transfer of $196,868.88 to my associate for my benefit. The funds related to the wire transfer 4 Case Document 527 Filed 12/13/13 Page 5 of 10 were derived from a specified unlawful activity, that is wire fraud, and involved an amount of money greater than $10,000. I agree that my conduct violated 41 U.S.C. 2102(b) and 2105, and 18 and 2. 12. The only terms and conditions pertaining to this plea agreement between the defendant and the United States are as follows: . A. The defendant agrees: (1) I will plead guilty to Counts and of the Information; Appellate waiver: Fully understanding my limited right to appeal my sentence, as explained above in paragraph 8, and in consideration of the concessions and/or commitments made by the United States in this plea agreement, I knowingly, voluntarily, and expressly waive my right to appeal any sentence imposed upon me, except that I do not waive the right to appeal as set forth in 18 U.S.C. 3742(c)(l), which states that I may not ?le a notice of'appeal unless the sentence imposed is greater than the sentence set forth in this agreement. Collateral Attack Waiver: I also knowingly, voluntarily, and expressly waive my right to challenge .my'sentence, and the manner in which the-sentence is determined, except as set forth in 2 above, in any collateral review motion, writ or other procedure, including but not limited to a motion brought under 28- U.S.C. 2255, on the issue of counsel?s ineffective assistance; I understand that this waiver of my appeal and collateral review rights concerning my sentence shall not affect the government?s right to appeal my sentence pursuant to 18 U.S.C. 3742(b)(l), (2) 3742(c)(2). However, I understand that the United States agrees that if it appeals my sentence, I am released from my waiver; I further understand and agree that the word ?sentence? appearing throughout this waiver provision is being used broadly and applies to all aspects of the Court?s sentencing authority, including, but not limited to: (1) sentencing. determinations; (2) the imposition of imprisonment, fines, supervised release, probation, and any specific terms and conditions thereof; and any orders of restitution; 1 agree to forfeit all interests. in any assetthat is related to my offensele . . conviction that I currently own or over which I exercise control, directly or indirectly, including any property I have transferred, and any property that is traceable to, derived from, fungible with, or a substitute for property that constitutes the proceeds of my offense, including the following speci?c property: 0 Funds and monies of $5,732.73 seized from the account at Bank of America in the name of World Wide Trainers, Account No. 5 . Case Document 527 Filed 12/13/13 Page 6 of 10 - Funds and monies of $438,3 99.99 seized from the account at Bank of America in the name of Paper Mill Village, Account No. 0- Funds and monies of $4,201 .55 seized from the account at Bank of America in the name of Welventure, Account No. Funds and monies seized from the account at Bank of America in the name of Welventure, Account No. 0 Funds and monies of $170,000 seized from the account at Bank of America in the name of World Wide Trainers, Account No. 0' Funds and monies seized from the account at Bank of America in the name of Hernando County Holdings (HCH), AcCount No. - Funds and monies of $730,000 seized from the account at Bank of America in the name of Welventure, Account No. 0 Funds and monies of $145,000 seized from the account in the name of Woodruffand Company at SunTrust Bank, Account No. Real property at 45- Pleasant Street, Alstead, New Hampshire; 0 Real property at3511 Casa Court, Hernando Beach, Florida; 0 Real property at 4004 Centavo Court, Hernando Beach, Florida; 0 Real property at 4072 Pine Dale Court, Hernando Beach, Florida; 0 Real property at 4483 Flounder Drive, Hernando Beach, Florida;- Rea-l-preperty-at-- 4-1-1-5 0 Real property at 4054 Flamingo Blvd, Hernando Beach, Florida; 0' Real property at 3174Gqu Winds Circle, Hernando Beach, Florida; 0 Real property at 3371 "Gulf Winds Circle, Hernando Beach, Florida; a Real property at 3312 Gqu View Drive, Hernando Beach, Florida; Case Document 527 Filed 12/13/13 Page 7 of 10 Real property at 3166 Gulf View Drive, Hernando Beach, Florida; 0 Real property at 7332 Grand Blvd, New Port Richey, Florida; 0 Real property at Parcel Number New Port Richey, Florida; 0 Real property at 3223 Hibiscus Drive, Hernando Beach, Florida; 0 Real property at 3339 Gulf Winds Circle, Hernando Beach, Florida; 0 Real property at 4104 Pine Dale Court, Hernando Beach, Florida; 0 $5,371.61 from the civil interlocutory sale of the 2006 Hummer H3, - 0 $4,663.87 from the civil interlocutory sale of the 2002 Sea Ray Mercruiser, Title 87282109; One 1999 Jaguar, VIN: 1! 225 one~ounce American Eagle Gold coins; - 175 one?ounce South African Gold Krugerrand coins; I agree to forfeit my'interest in the property listed above, and I agree to hold the United States, its agents and employees harmless from any claims whatsoever in connection with the seizure or forfeiture of property covered by this agreement; I further agree to waive all interest in any such asset in any administrative or judicial forfeiture proceeding, Whether criminal or civil, state or. federal. I agree to consent to the entry of orders of forfeiture for such property and waive the requirements of Federal Rules of Criminal Procedure 32.2 and 43 regarding at sentencing, and incorporation of the forfeiture in the judgment. I acknowledge that the forfeiture of assets is part of the sentence that may be imposed in this case and. waive any failure bythe court to advise me of this, pursuant to Rule at the-time this guilty plea is accepted; and i i I further agree to waive all constitutional and statutory challenges in any manner (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 constitutes an excessive fine or punishment. I Case Document 527 Filed 12/13/13 Page 8 of 10 acknowledge that all property covered by this agreement is- subject to forfeiture as property involved in illegal conduct giving rise to forfeiture. (4) If the Court ?nds that I failed to ful?ll my obligations under this plea agreement, or if I Withdraw my plea of guilty, I shall assert no claim under the United States Constitution, any statute, Rule 410 of the . Federal Rules of Evidence, Rule 110?) of the Federal Rules of Criminal Procedure, or any other federal rule, that my statements pursuant to this agreement, or any leads derived therefrom, should be suppressed or are inadmissible at any trial, hearing, or other proceeding; - (5) To prepare my Pie-?Sentence Report, I acknowledge that the United States Probation Of?ce will ask me to complete the ?Probation 48 Financial Packet? and to provide supporting documentation for the representations 1 make therein. 1 - agree to truthfully and accurately complete the ?Probation 48 Financial Packet? and to provide a copy of it and all supporting documentation attached thereto to the United States Probation Of?ce and to the United States Attorney?s Of?ce Within three weeks of my change of plea, I also consent to allowing the United States Attorney?s Of?ce to run a credit check on me. I understand that providing false or incomplete information or refusing to provide this information may be used as a basis for: (1) a separate prosecution under 18 U.S.C. 1001; (2) the denial of a reduction for acceptance of responsibility pursuant to Sentencing Guideline Section and?or (3) an enhancement of my sentence for obstruction of justice under'Sentencing Guideline 3C1 (6) Should engage in any criminal conduct or violate any conditions of release prior to sentencing, the United States may?move to change my conditions of release or move to revoke my release. The United States agrees: (1) To dismiss the Indictment as to Defendant David Young at the time of sentencing; . (2) To recommend that the Court waive interest for fines and restitution assessed against the Defendant; and (3) As part of this plea agreement, the United States agrees to release and not seek forfeiture of the 1 8,787 currently held in a trust account corresponding to the lavv firm of Ray,_Quinney, and Nebeker. The United States and the Defendant agree: (1) Pursuant to FED. R. CRIM. P. the sentence imposed by the Court shall not be less than thirty six (36) months or more than forty eight (48) months. Case Document 527 Filed 12/13/13 Page 9 of 10 (2) The defendant and the United States understand that this agreement, including the defendant?s plea, the agreed- upon sentence, and all other terms referenced herein, are subject to the approval of, and acceptance by the Court. The defendant and the United States further understand that the Court may order the preparation of a Presentence Report to assist in the determination of whether this plea and the agreement are appropriate, and the parties agree to fully cooperate in the preparation of the Presentence Report. (3) If, after receiving all relevant information, the Court rejects the plea agreement and determines thata sentence different from the agreed upon sentence of not less than thirty six (36) months or more than forty eight (48) months will be imposed, defendant will have the right to withdraw the plea of guilty and the terms of this agreement will become null and void. Likewise, if the Court rejects the plea agreement and determines that the sentence should be less than thirty six (36) months, the United States will have the right to move to vacate this agreement, and the terms of this agreement, including the plea, will become null and void. (4) The defendant and the United States agree that all other sentence provisions supervised release and assessments, etc.) will be imposed in accordance with applicable law, although the defendant may argue for no supervised release. 1 make the following representations to the Court: 1. I am years of age. My education consists of a bachelor?s degree, a master?s degree, and a jurisdoctorate. 2. This Statement in Advance contains all terms of the agreements between me and the government; if there are exceptions, the Court will be specifically advised, on the record, at the time of my guilty plea of the additional terms. I understand the government and I cannot have terms of this plea agreements that are not disclosed to the Court. 3. No one has made threats, promises, or representations to me that have causedlme to plead guilty. . 4. Neither my attorney nor the government has represented to me that I would receive probation or any other form of leniency other than what this Agreement describes because of my plea. I I discussed this'case' and this plea my lawyer as much as I WlSl?l, and I have no additional questions. 6. I am very satisfied with my lawyer. Case Document 527 Filed 12/13/13 Page 10 of 10 7. My decision to enter this plea was made a?er full and careful thought; with the advice of counsel; and with a full understanding of my rights, the facts and circumstances of the case and the consequences of the plea. I was not under the in?uence of any drugs, medication, or i'ntoxicants when I made the decision to enter the plea, and I am not now under the in?uence of any drugs, medication, or intoxicants. 8. I have no mental reservations concerning the plea. 9. I understand and agree to all of the above. I know that I am free to change or delete anything contained in this statement. I do. not wish to make changes to this agreement because I agree with the terms and all of the statements are correct. t? DATED this 15? day ofDecember, 2013. Dnvm? YOUNG Defendant I certify that I have discussed this statement with the defendant, that I have fully explained his rights to him, and I have assisted him in completing this form. I believe that he is knowingly and voluntarily entering the plea with full knowledge of his legal rights and that there is a factual basis for the plea. 31* DA run this i day ofDecember,2013. FRETT TOLMAN Attorney for Defendant I represent that all terms of the plea agreement between the defendant and the government haVe been, or will be at the plea hearing, disclosed to the Court, and there are no undisclosed agreements between the defendant and the United States. DATED this '3 day ofDecember, 2013. DAVID B. B-ARIAOW United ROBERT A. LUND Assistant United States Attorney 10 .. .. .