Sorrentino Plea Deal

DOC 12 Filed 10/03/UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, CRIMINAL NO. 17-20568 vs. HON. ROBERT H. CLELAND OFFENSE: 31 U.S.C. 5324 D-l CHRISTOPHER SORRENTINO, 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 CHRISTOPHER SORRENTINO 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 Information, which charges him with structuring ?nancial transactions to evade a reporting requirement, in Violation of 31 U.S.C. 3524. B. Elements of Offense The following are the elements of the crime of structuring ?nancial transactions to evade a reporting requirement: Doc 12 Filed 10/03/(1) The defendant conducted or attempted to conduct a ?nancial transaction that involved a domestic ?nancial institution. (2) At the time the defendant conducted or attempted to conduct a ?nancial transaction, the defendant knew of the domestic ?nancial institution?s obligation to report currency transactions in excess of $10,000. (3) The defendant purposefully structured the transaction with the intent to evade that reporting requirement. C. Factual Basis for Guilty Plea The following facts are a suf?cient and accurate basis for defendant?s guilty plea: In 2014, the defendant owned a company that could perform work for municipalities in southeast Michigan. In approximately August 2014, an elected public of?cial in Macomb Township, Michigan asked the defendant to prepare a proposal for a job re-paving the parking lot of the Macomb Township Hall. The defendant prepared a proposal that quoted a price of $254,500 for the job to be conducted by his company, and he gave it to the elected of?cial. About two weeks later, the elected of?cial called the defendant and told him to immediately appear at the parking lot of the town hall to start work on the job. After the defendant appeared at the township hall parking lot that evening, he found that another company, which was unknown to the defendant, was already tearing up the old parking lot for purposes Doc 12 Filed 10/03/re-paving it. Other than taking some photographs of the work, the defendant and his company subsequently did none of the work removing the old asphalt parking lot and replacing it with it a new concrete parking lot. Instead, the other company completed all of the work on the parking lot. After the parking lot job was completed by the other company, the defendant received a check from Macomb Township for $254,500. The elected of?cial instructed the defendant to send a check for $181,055 to the other company which had actually performed the work. In addition, the elected of?cial instructed the defendant to give the elected of?cial the remaining money, at least $73,000, to the of?cial in cash. When the defendant objected to not receiving any portion of the $254,500 because the defendant would be responsible for paying taxes on the money he was paid by Macomb Township, the elected of?cial told the defendant that he could keep approximately $7,000 in order to pay a portion of the taxes. Finally, the elected of?cial informed the defendant that the elected of?cial would direct some future work for the township to the defendant and his company in compensation. As instructed, the defendant sent a check for $181,055 to the other company. On November 5, 2014, the defendant then wrote the following series of seven checks each made out to ?cash?: (1) $9,429, (2) $9,429, (3) $9,429, (4) $9,429, (5) $9,429, (6) $9,429, and (7) $9,450. The total amount of the checks was for $66,024. On November 5, 2014, the defendant caused all seven checks to be cashed at his bank in Doc 12 Filed 10/03/the Eastern District of Michigan. The defendant wrote the checks for amounts under $10,000 in order to evade the currency transaction reporting requirement at his bank. The defendant also was seeking to conceal the fact that he was gathering a large amount of cash to give to the elected of?cial. After the checks were cashed and the defendant had collected $66,024 in cash, the defendant delivered all of the cash to the elected of?cial in the building housing the Macomb County Department of Public Works in Clinton Township, Michigan. In 2015, the defendant was ?awarded? another job by the elected of?cial to re- pave a parking lot at the Macomb Township ?re station. Again, the other company performed all of the work on the job. In November 2015 the defendant?s company was paid $264,703 for this second job by Macomb Township. Again, as instructed by the elected of?cial, the defendant paid the second company for performing all of the work. In addition, the defendant gave at least $30,000 in cash to the elected of?cial. Again, the defendant was allowed to keep a portion of the money paid by Macomb Township in order to pay taxes. In the end, the defendant made no money on the two jobs for Macomb Township, but he instead lost money because of the taxes that he had to pay on the two jobs ?awarded? by the elected of?cial of Macomb Township. Doc 12 Filed 10/03/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 parties recommend that the defendant?s guideline range is 10-16 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 10-16 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 12 Filed 10/03/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 at the low end of the sentencing guideline range as determined by Paragraph 2B. 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. DOC 12 Filed 10/03/Special Assessment The defendant will pay a special assessment of $100 at the time of sentencing. D. 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. Doc 12 Filed 10/03/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. 7. 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 16 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 10 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. Consequences 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 Doc 12 Filed 10/03/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. 9. 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. Doc 12 Filed 10/03/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. 11. Acceptance of Agreement by Defendant This plea offer expires unless it has been received, fully signed, in the Office of the United States Attorney by 5:00 P.M. on June 30, 2017. The government reserves the right to modify or revoke this offer at any time before defendant pleads guilty. DANIEL L. LEMISCH Acting U1 ed State ttorney A. GMEY R. MICHAEL QULLOTTA Assistant United States Attorney Assistant United States Attorney Chief, Public Corruption Unit Dated: June 6, 2017 -10- DOC 12 Filed 10/03/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 hi lawyer. AETHUR SORRENTINO Attorney for Defendant Defendant Dated/ Dated -11- Doc 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 17-CR- Statute(s): 31 U.S.C. 5324 WORKSHEET A (Offense Levelsi 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 complete only a single Worksheet A. 1. BASE OFFENSE LEVEL AND SPECIFIC OFFENSE CHARACTERISTICS (U.S.S.G. ch. 2) Guideline Section MM 281 Base Offense Level 6 Funds 6 Defendant knew the funds were the proceeds of 281 unlawful activity 2 2. ADJUSTMENTS (U.S.S.G. ch. 3, pts. A, B, C) Guideline Section Description Levels DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 1 7-C R- Statute(s): 31 use. 5324 3. ADJUSTED OFFENSE LEVEL Enter the sum of the offense levels entered in Items 1 and 2. If this Worksheet A does not cover every count of conviction (taking into account relevant conduct and treating each stipulated offense as a separate count of conviction), complete one or more additional Worksheets A and a single Worksheet B. 14 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. A-2 DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 1 7-C R- Statute(s): 31 U.S.C. 5324 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.) - Determine the combined offense level by assigning ?units? to each Group as follows (see U.S.S.G. 3D1.4): 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. 1. GROUP ONE: ADJUSTED OFFENSE LEVEL 2. GROUP Two: ADJUSTED OFFENSE LEVEL 3. GROUP THREE: ADJUSTED OFFENSE LEVEL 4. GROUP FOUR: ADJUSTED OFFENSE LEVEL 5. TOTAL UNITS B-l unit unit unit unit units I DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One DocketN0.: Statute(s): 31 use. ?5324 6. INCREASE IN OFFENSE LEVEL 1 unit no increase 2 1/2 3 units add 3 levels 1 l/2 units add 1 level 3 l/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 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One DocketNo.: Statute(s): 31 U.S.C. 5324 WORKSHEET (Criminal Histog) Date of defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses): 1. PRIOR SENTENCES Erior Sentence of Imprisonment Exceeding 13 Months (U.S.S.G. 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 Erior Sentence of Imprisonment at Least 60 Days (U.S.S.G. 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. MW U.S.S.G. 4A1.1 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-l PO NTS DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 17-CR- Statute(s): 31 U.S.C. 5324 Date of Status* Offense Sentence Release Points Imposition gate? If the defendant committed the offense before turning 18, indicate whether he or she was sentenced as ajuvenile (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 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket N0.: 1 7-C R- Statute(s): 31 .S.C. 5324 2. COMMISSION OF INSTANT OFFENSE WHILE UNDER PRIOR SENTENCE 4. (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. 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 mav be added under this item. 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 Criminal Historv Categorv 010-12 213 VI C-3 DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 17-CR- Statute(s): 31 U.S.C. 5324 WORKSHEET (Guideline Range) 1. (COMBINED) ADJUSTED OFFENSE LEVEL D-l Enter the adjusted offense level entered in Item 3 of Worksheet A or the combined adjusted offense level entered in item 8 of Worksheet B. 14 2. ADJUSTMENT FOR ACCEPTANCE OF RESPONSIBILITY (U.S.S.G. 3E1.1) _2 3. TOTAL OFFENSE LEVEL Enter the difference between Items 1 and 2. 12 4. CRIMINAL HISTORY CATEGORY Enter if the defendant has no criminal history. Otherwise, enter the criminal history category entered in Item 6 of Worksheet C. I 5. CAREER CAREER SEX OFFENDER (U.S.S.G. ch. 4, pt. B) a. Total Offense Level: If the career offender provision (U.S.S.G. 4B1.l), 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. b. Criminal History Categom 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. 4B1.5) results in a criminal history category higher than the criminal history category entered in Item 4, enter the higher criminal history category. 6. GUIDELINE RANGE FROM SENTENCING TABLE (U.S.S.G. CH. 5, PT. A) 7 Enter the guideline range in the Sentencing Table (see U.S.S.G. ch. 5, pt. A) produced by 10-16 the total offense level entered in Item 3 or 5.a and the criminal history category entered in Item 4 or 5.b. months Doc 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 17-CR- Statute(s): 31 U.S.C. 5324 7. STATUTORY RESTRICTIONS ON OR SUPERSESSION OF 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 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket N0.: 17-CR- Statute(s): 31 U.S.C. 5324 l. 2. 3. WORKSHEET (Authorized Guideline Sentences) 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 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 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. a. A split sentence is not authorized (minimum of guideline range 0 months or 15 months). b. A split sentence is authorized (minimum of guideline range 0 months but 5 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. 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. 5C1.1.) E-l 2: DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket N0.: 17-CR- Statute(s): 31 U.S.C. 5324 4. SUPERVISED RELEASE (U.S.S.G. ch 5., pt. D) a. Imposition ofa Term of Supervised Release (U.S.S.G. SDI .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. b.L 1. DJ ength ofTerm 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 2 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 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. The statute of conviction requires a minimum term of supervised release of years. 0. Conditions ofSupervised Release (U.S.S.G. 5D1.3) The court must impose certain conditions of supervised release and may impose other CO nditions of supervised release. 5. RESTITUTION (U.S.S.G. 5E1.1) l. 2. 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 2: DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 17-CR- Statute(s): 31 U.S.C. 5324 3. 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 . (See 18 U.S.C. 3663(a)(3), 3664.) 4. The parties agree that the court may also order restitution to persons other than the victim(s) of the offense(s) of conviction in any amount up to and including . (See 18 U.S.C. 3664.) 5. Restitution is not applicable. 6. FINE (U.S.S.G. 5E1.2) a. 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 Maximum Fine $3,000 $30,000 DOC 12 Filed 10/03/Defendant: Christopher Sorrentino Count: One Docket No.: 17-CR- Statute(s): 31 U.S.C. 5324 7. SPECIAL (U.S.S.G. 5E1.3) The court must impose a special assessment on every count of conviction. The special assessments for individual defendants are: $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 $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 8. FORFEITURE (U.S.S.G. 5E1.4) Assets of the defendant will be Assets of the defendant will not be forfeited. forfeited. 9. ADDITIONAL APPLICABLE GUIDELINES, POLICY STATEMENTS, AND STATUTES List any additional applicable guideline, policy statement, or statute. l0. 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. (Rev. April 2014) 13-4