Freitas Plea Deal

Doc 52 Filed 06/01/UNITED STATES DISTRICT COURT JUN 1 - 2017 EASTERN DISTRICT OF MICHIGAN SOFFICE SOUTHERN DIVISION UNITED STATES OF AMERICA, CRIMINAL NO. 16-20732 vs. HON. ROBERT H. CLELAN OFFENSE: 18 U.S.C. 371 D4 CLIFFORD FREITAS, MAXIMUM PENALTIES: Up to 5 Years Imprisonment Defendant. Up to $250,000 ?ne Supervised Release; 3 years RULE 11 PLEA AGREEMENT Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant CLIFFORD FREITAS and the government agree as follows: 1. Guilty Plea A. Count of Conviction The defendant will enter a plea of guilty to Count One of the Third-Superseding Information, which charges him with Conspiracy to Commit Federal Program Bribery, in violation of 18 U.S.C. 371 and 666(a). B. Elements of Offense The following are the elements of the crime of ConSpiracy to Commit Federal Program Bribery: Doc 52 Filed 06/01/Defendant agreed with at least one other person to commit the crime of federal program bribery; 2. Defendant joined the conspiracy knoWing of its object and intending to help accomplish the object; and 3. A member of the conspiracy committed at least one overt act in furtherance of the conspiracy. 4. The following are the elements of the crime of federal program bribery: a) Defendant, an agent of a local government, corruptly accepted or agreed to accept something of value; b) Defendant did so with the intent to be in?uenced or rewarded in connection with a business, transaction or series of transactions with that local government; c) The business, transaction or series of transactions involved something of value of $5,000 or more; and d) The local government received $10,000 or more in federal assistance in a one-year period before or after the time of the offense. C. Factual Basis for Guilty Plea The following facts are a suf?cient and accurate basis for defendant?s guilty plea: In 2015, the defendant was serving as an elected Trustee of Macomb Township, Michigan, located in Macomb County, Michigan, in the Eastern District of Michigan. In 2015, the defendant agreed to accept and did corruptly accept payments of money, as described below, from an executive at a company (?Company which was seeking, and then secured, a contract with Macomb Township. The -2- Doc 52 Filed 06/01/290 contract was worth approximately $17 million dollars. The defendant accepted the money in exchange for his assistance as a public official to Company A. In 2015 besides being a Macomb Township Trustee, the defendant also had a job with?Company A. The defendant had been employed with Company A since accepting a position in June 2014. In July 2015, Macomb Township put out a request for proposal for a contract. Soon after the RFP was put out, the defendant approached the executive at Company A. The defendant told the executive that he would use his of?cial position with the township in order to help Company A obtain the contract with Company A, but that he (the defendant) wanted to be paid for his assistance. The executive offered, and the defendant accepted, a promise to pay the defendant $7,500 for his assistance in getting the contract. During the process leading up to the award of the contract, the defendant supplied inside information concerning the bid process to the executive in order to assist Company A in winning the contract. Ultimately, the defendant recused himself from actually voting as a trustee on the award of the contract. because of his employment with Company A. Macomb Township awarded the contract to Company A. The executive then paid the defendant the promised $7,500 by adding $7,500 to the defendant?s pay as an employee of Company A. In. the calendar year 2015, Macomb Township received in excess of $10,000 in federal assistance. Doc 52 Filed 06/01/Sentencing Guidelines A. Standard of Proof The Court will ?nd sentencing factors by a preponderance of the evidence. B. Agreed Guideline Range There are no sentencing guideline disputes. Except as provided below, the partiesrecommend that the defendant?s guideline range is 30 months, as set forth on the attached worksheets. If the Court ?nds: 1. That defendant?s criminal history category is higher than re?ected on the attached worksheets, or 2. that the offense level should be higher because, after pleading guilty, defendant made any false statement to or withheld information from his probation of?cer; otherwise demonstrated a lack of acceptance of responsibility for his offense; or obstructed justice or committed any crime, and if any such ?nding results in a guideline range higher than 30 months, the higher guideline range becomes the agreed range. The Court is not bound by this recommendation concerning the guideline range, and the defendant understands that he will have no right to withdraw his guilty plea if the Court does not follow this recommendation. However, if the Court ?nds that defendant is a career offender, an armed career criminal, or a repeat and dangerous sex offender as de?ned under the Doc 52 Filed 06/01/292 sentencing guidelines or other federal law, and that ?nding is not already re?ected in the attached worksheets, this paragraph does not authorize a corresponding increase in the agreed range. Neither party may take a position concerning the applicable guidelines that is different than any position of that party as re?ected in the attached worksheets, except as necessary to the Court?s determination regarding subsections 1) and 2), above. 3. Sentence The Court will impose a sentence pursuant to 18 U.S.C. 3553, and in doing so must consider the sentencing guideline range. A. Imprisonment Pursuant to Rule the government makes a non-binding recommendation that the sentence of imprisonment be no higher than 30 months. B. Supervised Release A term of supervised release follows the term of imprisonment. The Court must impose a term of supervised release, which in this case is up to three years. The agreement concerning imprisonment described above in Paragraph 3A does not apply to any term of imprisonment that results from any later revocation of supervised release. C. Special Assessment The defendant will pay a special assessment of $100 at the time of sentencing. -5- Doc 52 Filed 06/01/Fine The parties agree that the ?ne will be no more than the maximum amount of $250,000. E. Restitution The Court shall order restitution to every identi?able victim of the defendant?s offense. 4. Use of Withdrawn Guilty Plea If the Court allows the defendant to withdraw his guilty plea for a ?fair and just reason? pursuant to Fed. R. Crim. P. the defendant waives his rights under Fed. R. Evid. 410, and the government may use his guilty plea, any statement made under oath at the change-of-plea hearing, and the factual basis statement in this plea agreement, against him in any proceeding. 5. Other Charges If the Court accepts this agreement, the government will not bring any additional charges based on defendant?s conduct described in this agreement. 6. Each Party?s Right to Withdraw from This Agreement The recommendations in Paragraph 3 are not binding on the Court. Defendant has no right to withdraw his guilty plea and the parties have no right to withdraw from this agreement if the Court decides not to follow them. Doc 52 Filed 06/01/Appeal Waiver The defendant waives any right he may have to appeal his conviction on any grounds. If the defendant?s sentence of imprisonment does not exceed 30 months, the defendant also waives any right he may have to appeal his sentence on any grounds. If the defendant?s sentence of imprisonment is at least 30 months, the government waives any right it may have to appeal the defendant?s sentence. This waiver does not bar ?ling a claim of ineffective assistance of counsel in court. 8. Cpnsequences of Withdrawal of Guilty Plea or Vacation of Conviction If defendant is allowed to withdraw his guilty plea or if any conviction entered pursuant to this agreement is vacated, the Court shall, on the government?s request, reinstate any charges that were dismissed as part of this agreement. If additional charges are ?led against defendant within six months after the date the order vacating defendant's conviction or allowing him to withdraw his guilty plea becomes ?nal, which charges relate directly or indirectly to the conduct underlying the guilty plea or to any conduct re?ected in the attached worksheets, defendant waives his right to challenge the additional charges on the ground that they were not ?led in a timely manner, including any claim that they were ?led after the limitations period expired. Doc 52 Filed 06/01/Parties to Plea Agreement Unless otherwise indicated, this agreement does not bind any government agency except the United States Attomey?s Of?ce for the Eastern District of Michigan. 10. Scope of Plea Agreement This agreement, which includes all documents that it explicitly incorporates, is the complete agreement between the parties. This agreement supersedes all other promises, representations, understandings and agreements between the parties concerning the subject matter of this plea agreement that were made at any time before the guilty plea is entered in court. Thus, no oral or written promises made by the government to defendant or to the attorney for the defendant at any time before defendant pleads guilty are binding except to the extent they have been explicitly incorporated into this agreement. Notwithstanding the previous paragraph, if defendant has entered into a proffer agreement in writing or a cooperation agreement in writing with the government, this plea agreement does not supersede or abrogate the terms of any such prior written agreement. This agreement also does not prevent any civil or administrative actions against defendant, or any forfeiture claim against any property, by the United States or any other party. Doc 52 Filed 06/01/296 11. Acceptance of Agreement by Defendant This plea offer expires unless it has been received, fully signed, in the Of?ce of the United States Attorney by 5:00 P.M. on June 1, 2017. The government reserves the right to modify or revoke this offer at any time before defendant pleads guilty. VID A. ARDEY R. MICHAEL BULLOTTA Assistant United States Attorney Assistant United States Attorney Chief, Public Corruption Unit DANIEL L. LEMISCH Actin United States Attorney Dated: June 1, 2017 Doc 52 Filed 06/01/signing below, defendant acknowledges that he has read (or been read) this entire document, understands it, and agrees to its terms. He also acknowledges that he is satis?ed with his attorney?s advice and representation. Defendant agrees that he has had a full and complete opportunity to confer with his lawyer, and has had all of his questions answered by his lawyer. WW DANIE .GA ON FREITAS Attorne for fe Defendant (eii Dated i I Dated -10- Doc 52 Filed 06/01/298 Defendant: Clifford reitas Count: One Docket No.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(a) WORKSHEET A (Offense Levels] Complete one Worksheet A for each count of conviction (taking into account relevant conduct and treating each stipulated offense as a separate count of conviction) before applying the multiple?count rules in U.S.S.G. ch. 3, pt. D. However, in any case involving multiple counts of conviction, if the counts of conViction are all ?closely related? to each other Within the meaning of U.S.S.G. complete only a single Worksheet A. 1. BASE OFFENSE LEVEL AND SPECIFIC OFFENSE CHARACTERISTICS (U.S.S.G. ch. 2) Guideline Section D_esc_ripm Base Offense Level Offense involved elected public official Value of benefit received by bribe payer $3,500,000 2C1 281 .1 but less than $9,500,000 2. ADJUSTMENTS (U.S.S.G. ch. 3, pts. A, B, C) Guideline Section Description Levels A-l Doc 52 Filed 06/01/299 Defendant: Clifford Freitas Count: One Docket No.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(a) 3. ADJUSTED OFFENSE LEVEL Enter the sum of the offenselevels entered in Items 1 and 2. If this Worksheet A does not cover every count of conviction (taking into account relevant conduct and treating 36 each stipulated offense as a separate count of conviction), complete one or more additional Worksheets A and a single Worksheet B. If this is the only Worksheet A, check this box and skip Worksheet B. If the defendant has no criminal history, check this box and skip Worksheet C. DOC 52 Filed 06/01/300 Defendant: Clifford Freitas One Count: Docket N0.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(a) WORKSHEET {Multiple Counts! Instructions (U.S.S.G. ch. 3, pt. D): 0 Group the counts of conviction into distinct Groups of Closely Related Counts. ?All counts involving substantially the same harm shall be grouped together into a single Group.? (See U.S.S.G. 3D1.2.) 0 Determine the offense level applicable to each Group. (See U.S.S.G. 3D1.3.) 0 Determine the combined offense level by assigning ?units? to each Group as follows (see U.S.S.G. 3D1.4): 1. GROUP ONE: ADJUSTED OFFENSE LEVEL . un1t 2. GROUP Two: ADJUSTED OFFENSE LEVEL . un1t 3. GROUP THREE: ADJUSTED OFFENSE LEVEL . un1t 4. GROUP FOUR: ADJUSTED OFFENSE LEVEL unit 5. TOTAL UNITS assign 1 unit to the Group with the highest offense level, assign 1 unit to each additional Group that is equally serious as, or 1 to 4 levels less serious than, the Group with the highest offense level, assign 1/2 unit to each Group that is 5 to 8 levels less serious than the Group with the highest offense level, - assign no units to each Group that is 9 or more levels less serious than the Group with the highest offense level. units B-l Doc 52 Filed 06/01/301 Defendant: Clifford Freitas Count: One Docket No.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(3) 6. INCREASE IN OFFENSE LEVEL 1 unit no increase 2 1/2 3 units add 3 levels 1 1/2 units add 1 level 3 1/2 5 units add 4 levels 2 units add 2 levels 5 levels add 5 levels 7. ADJUSTED OFFENSE LEVEL OF GROUP - WITH THE HIGHEST OFFENSE LEVEL - 8. COMBINED ADJUSTED OFFENSE LEVEL Enter the sum of the offense levels entered in Items 6 and 7. B-2 Doc 52 Filed 06/01/302 Defendant: Clifford Freitas Count: One Docket No.: 15-C R620732 Statute(s): 18 U.S.C. 371 and 666(8) WORKSHEET {Criminal History) Date of defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses): 1. PRIOR SENTENCES Prior Sentence of Imprisonment Exceeding 13 Months Enter 3 points for each prior adult sentence of imprisonment exceeding one year and one month that either (1) was imposed within 15 years of the defendant's commencement of the instant offenses (taking into account relevant conduct and stipulated offenses) or (2) resulted in the defendant?s con?nement during any part of that 15-year period. (See U.S.S.G. 4A1 Prior sentence of Imprisonment of at Least Days 4A1.1(bn: Enter-2 points for each prior sentence of imprisonment of at least 60 days not counted under U.S.S.G. 4A1.1(a) that either (1) resulted from an offense committed after the defendant turned 18 and was imposed within 10 years of the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) (see U.S.S.G. or (2) resulted from an offense committed before the defendant turned 18 and resulted in the defendant?s con?nement during any part of the 5- year period preceding the defendant?s commencement of the instant offense (see U.S.S.G. Other Prior Sentences 4A1.1(cn: Enter 1 point for each prior sentence not counted under U.S.S.G. 4A1.1(a) or that either (1) resulted from an offense committed after the defendant turned 18 and was imposed within 10 years of the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) (see U.S.S.G. or (2) resulted from an offense committed before the defendant turned 18 and was imposed within 5 years of the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) (see U.S.S.G. NOTE: No more than 4 points may be added under this item. C-1 3 POINTS 2 POI TS DOC 52 Filed 06/01/303 Defendant: Clifford Freitas Count: One Docket N0.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(8) Date of Status* Offense Sentence Release Points Imposition Date** If the defendant committed the offense before turning 18, indicate whether he or she was sentenced as a juvenile (J) or as an adult (A). A release date is required in only two situations: (1) when a sentence covered under U.S.S.G. 4A1.1(a) was imposed more than 15 years before the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) but resulted in his or her con?nement during any part of that 15?year period; or (2) when a sentence counted under U.S.S.G. 4A1.1(b) was imposed for an offense committed before the defendant turned 18 but resulted in his or her con?nement during any part of the 5-year period preceding his or her commencement of the instant offense (taking into account relevant conduct and stipulated offenses). C-2 Doc 52 Filed 06/01/304 Defendant: Clifford Freitas Count: One Docket No.: 16-C Statute(s): 18 U.S.C. 371 and 666(3) 2. COMMISSION OF INSTANT OFFENSE WHILE UNDER PRIOR SENTENCE (U.S.S.G. Enter 2 points if the defendant committed any part of the instant offense (taking into account relevant conduct and stipulated offenses) while under any criminal justice sentence having a custodial or supervisory component, including probation, parole, supervised release, imprisonment, work release, and escape status. (See U.S.S.G. List the type of control and identify the sentence from which it resulted. 3. PRIOR SENTENCE RESULTING FROM CRIME OF VIOLENCE (U.S.S.G. Enter 1 point for each prior sentence resulting from a conviction for a crime of violence that did not receive any points under U.S.S.G. or because such sentence was considered related to another sentence resulting from a conviction for a crime of violence. But enter no points where the sentences are considered related because the offenses occurred on the same occasion. (See U.S.S.G. Identify the crimes of violence and brie?y explain why the cases are considered related. NOTE: No more than 3 points may be added under this item. 4. TOTAL CRIMINAL HISTORY POINTS Enter the sum of the criminal history points entered in Items 1-4. 5. CRIMINAL HISTORY CATEGORY Total Criminal History Points 04 2?3 4-6 7-9 10-12 213 Criminal History Categog: I II IV VI C-3 DOC 52 Filed 06/01/305 Defendant: Clifford Freitas Count: One Docket N0.: 16-C Statute(s): 18 U.S.C. 371 and 666(a) WORKSHEET (Guideline Range) 1. (COMBINED) ADJUSTED OFFENSE LEVEL Enterthe adjusted offense level entered in Item 3 of Worksheet A or the combined adjusted offense level entered in item 8 of Worksheet B. 2. ADJUSTMENT FOR ACCEPTANCE OF RESPONSIBILITY (U.S.S.G. 3E1.1) 3. TOTAL OFFENSE LEVEL Enter the difference between Items 1 and 2. 4. CRIMINAL HISTORY CATEGORY Enter if thedefendant has no criminal history. Otherwise, enter the criminal history category entered in Item 6 of Worksheet C. 5. CAREER CAREER SEX OFFENDER (U.S.S.Total Offense Level: If the career offender provision (U.S.S.G. 4B1.1), the criminal livelihood provision (U.S.S.G. 4B1.3), the armed career criminal provision (U.S.S.G. 4B1.4), or the dangerous sex offender provision (U.S.S.G. results in a total offense level higher than the total offense level entered in Item 3, enter the higher offense level total. Criminal History Category: If the career offender provision (U.S.S.G. 4B1.1), the armed career criminal provision (U.S.S.G. 4B1.4), or the dangerous sex offender provision (U.S.S.G. results in a criminal history category higher than the criminal history category entered in Item 4, enter the higher criminal history category. GUIDELINE RANGE FROM SENTENCING TABLE (U.S.S.G. CH. 5, PT. A) Enter the guideline range in the Sentencing Table (see U.S.S.G. ch. 5, pt. A) produced by the total Offense level entered in Item 3 or 5.a and the criminal history category entered in Item 4 or 5.b. D-l months DOC 52 Filed 06/01/306 Defendant: Clifford Freitas Count: One Docket N0.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(a) 7. STATUTORY RESTRICTIONS ON OR SUPERSESSION 0F GUIDELINE RANGE If the maximum sentence authorized by statute is below, or a minimum sentence required by statute is above, the guideline range entered in Item 6, enter either the guideline range as restricted by statute or the sentence required by statute. (See U.S.S.G. 5G1.1.) If the sentence on any count of conviction is required by statute to be consecutive to the sentence on any other count of conviction, explain why. months D-2 Doc 52 Filed 06/01/307 Defendant: Clifford reitas Count: One Docket N0.: . Statute(s): 18 U.S.C. 371 and 666(a) WORKSHEET (Authorized Guideline Sentences) 1.1 PROBATION a. Imposition of a Term of Probation (U.S.S.G. 5B1 .1) 1. Probation is not authorized by the guidelines (minimum of guideline range 2 10 months or statute of conviction is a Class A or a Class felony). If this box is checked, go to Item 2 (Split Sentence). 2. Probation is authorized by the guidelines (minimum of guideline range zero months). 3. Probation is authorized by the guidelines, provided the court imposes a condition or combination of conditions requiring intermittent con?nement, community con?nement, or home detention satisfying the minimum of the guideline range (minimum of guideline range 0 months but 5 9 months). b. Length of Term of Probation (U.S.S.G. 5B1.2) 1. At least 1 year but not more than 5 years (total offense level 2 6) 2. No more than 3 years (total offense level 6). c. Conditions of Probation (U.S.S.G. 5B1.3) SPLIT SENTENCE (U.S.S.G. 5 a. A split sentence is not authorized (minimum of guideline range 0 months or 2 15 months). - b. A split sentence is authorized (minimum of guideline range 0 months but ?12 months). The court may impose a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community con?nement or home detention for imprisonment, provided that at least one-half of the minimum of the guideline range is satis?ed by imprisonment (if the minimum of the guideline range is 10 or 12 months), or that at least one month is satis?ed by imprisonment (if the minimum of the guideline range months). The authorized length of the term of supervised release is set forth below in Item 4.b. 3. IMPRISONMENT (U.S.S.G. CH. 5, PT. C) A term of imprisonment is authorized by the guidelines if it is within the applicable guideline range (entered in Item 6 of Worksheet D). (See U.S.S.G. 5C1 E-l Doc 52 Filed 06/01/308 Defendant: Clifford Freitas Count: One Docket No.: Statute(s): 18 U.S.C. 371 and 666(3) 4. SUPERVISED RELEASE (U.S.S.G. ch 5., pt. D) a. Imposition of a Term of Supervised Release (U.S.S.G. 5D1 .1) The court must impose a term of supervised release if it imposes a term of imprisonment of more than one year, or if it is required to do so by statute. The court may impose a term of supervised release if it imposes a term of imprisonment of one year or less. . The statute of conviction requires a minimum term of supervised release of Length of Term of Supervised Release (U.S.S.G. 5D1.2) . At least 2 years but not more than 5 years, where the count of conviction is a Class A or a Class felony, an offense carrying a maximum term of imprisonment 25 years. . At least 1 year but not more than 3 years, where the count of conviction is a Class or a Class felony, an offense carrying a maximum term of imprisonment 2 5 years but 25 years. 1 year, where the count of conviction is a Class felony or a Class A misdemeanor, an offense carrying a maximum term of imprisonment 6 months but 5 years. years. i 0. Conditions of Supervised Release (U.S.S.G. 5D1.3) The court must impose certain conditions of supervised release and may impose other conditions of supervised release. 7X 2 3. ?233:2? 4 5. l. 2. RESTITUTION (U.S.S.G. 5E1.1) The court must order full restitution to the victim(s) of the offense(s) of conviction. (See 18 U.S.C. 3556, 3663A, 3664.) The court will determine who the victims are and their restitution amounts. The court must order full restitution to the victim(s) of the offense(s) of conviction. (See ?18 U.S.C. 3556, 3663A, 3664) The parties agree that full restitution is Doc 52 Filed 06/01/309 Defendant: Clifford Freitas One Count: Docket No.: 1 Statute(s): 18 U.S.C. 371 and 666(3) 6. FINE (U. a. The parties agree that the court may order restitution to the Victim(s) of the offense(s) of conviction in any amount up to and including 55 i (See 18 U.S.C. 3663(a)(3), 3664.) The parties agree that the court may also order restitution to persons other than the victim(s) the offense(s) of conviction in any amount up to and including .4 (See 18 U.S.C. 3663(a)(1)(A), 3663A(a)(3), 3664.) Restitution is not applicable. S.S.G. 5E1.2) Fines for Individual Defendants The court must impose a ?ne unless ?the defendant establishes that he [or she] is unable to pay and is not likely to become able to pay any (See U.S.S.G. Generally, the ?ne authorized by the guidelines is limited to the range established in the Fine Table. (See U.S.S.G. However, there are exceptions to this general rule. (See U.S.S.G. Fine Range from Fine Table' (U.S.S.G. Minimum Fine $353000 Maximum Fine E-3 Doc 52 Filed 06/01/Defendant: Clifford Freitas Count: One Docket No.: 16-CR-20732 Statute(s): 18 U.S.C. 371 and 666(a) 7. (U.S.S.G. 5E1.3) 10. The court must impose a special assessment on every count of conviction. assessments for individual defendants are: I $100.00 for every count charging a felony ($400 for a corporation), $25.00 for every count charging a Class A misdemeanor ($125 for a corporation), $10.00 for every count charging a Class misdemeanor ($50 for a corporation), and I $5.00 for every count charging a Class misdemeanor or an infraction ($25 for a corporation). The defendant must pay a special assessment or special assessments in the total amount of $100, The special FORFEITURE (U.S.S.G. 5E1.4) Assets of the defendant will not be forfeited. Assets of the defendant will be forfeited. ADDITIONAL APPLICABLE GUIDELINES, POLICY STATEMENTS, AND STATUTES List any additional applicable guideline, policy statement, or statute. UPWARD OR DOWNWARD DEPARTURE (U.S.S.G. ch. 5, pts. K) List any applicable aggravating or mitigating circumstance that might support a term of imprisonment above or below the applicable guideline range. The government and the defendant agree that a departure under U.S.S.G. 5K2.0 is appropriate in this case based on the fact that the defendant recused himself from voting as a trustee on the municipal contract. The defendant had agreed to accept $7,500 in exchange for his assistance as a public official in getting the proposed contract approved. The parties agree to recommend a departure to a guideline range of 30 months from the otherwise applicable guideline range. The government will move for a downward departure if defendant provides substantial assistance, pursuant to U.S.S.G. 5K1 .1. (Rev. April 2014) E4