Lovelock Plea Deal

Doc 24 Filed 06/01/ORIGINAL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF ANIERICA, CREVIINAL NO. 16-20793 vs. HON. ROBERT H. CLELAND OFFENSE: 18 U.S.C. 371 D-l MICHAEL LOVELOCK, 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 MICHAEL LOVELOCK 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 Indictment, 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 24 Filed 06/01/7,4; 124;? "-iiw .L?aux . Doc 24 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: Between 2010 and 2016, the defendant was serving as an elected Supervisor of Chester?eld TOWnship, Michigan, located in Macomb County, Michigan, in the Eastern District of Michigan. During this time, the defendant agreed to accept and did corruptly accept payments of money, totaling approximately $30,000 ?'om an executive at a company (?Company which was seeking, and then secured, a -2- DOC 24 Filed 06/01/contract with Chester?eld Township. The defendant accepted the money in exchange for his assistance as a public of?cial to Company A. The defendant assisted Company A in obtaining the contract with Chester?eld Township. In each of the calendar years between 2010 and 2016, Chester?eld Township received in excess of $10,000 in federal assistance. 2. 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. The parties reCommend that the defendant?s guideline range is 37 -46 months, as set forth on the attached worksheets. Defendant is free to argue for a sentence below the guideline 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 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. DOC 24 Filed 06/01/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. 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 46 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. D. Fine The parties agree that the ?ne will be no more than the maximum amount of $250,000. Doc 24 Filed 06/01/Restitution The Court shall order restitution to every identi?able victim of the defendant?s offense. I 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 dismiss the remaining counts in the indictment (Counts Two through Four) and 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. i 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 46 months, DOC 24 Filed 06/01/the defendant also waives any right he may have to appeal his sentence on any grounds. 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 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 Attorney?s Of?ce for the Eastern District of Michigan. DOC 24 Filed 06/01/10. 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 conceming 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 24 Filed 06/01/11. 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 May 5, 2017. The government reserves the right to modify or revoke this offer at any time before defendant pleads guilty. DANIEL L. LEMISCH Acting United States Attorney R. MICHAEL Assistant United States Attorney Chief, Public Corruption Unit Dated: April 21, 2017 By 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 attomey?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. ?ap/52%? JE MICHAEL. LOVELOCK A orney for Defendant Defendant l/w/z Date/d Dated DOC 24 Filed 06/01/Defendant: iMichael Lovelock Count: One Docket No.: Statute(s): 18 U.S.C. 371 and 666(a) 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) MW 1mm evels 2C1 Base Offense Level Offense involved elected public official Offense involved more than one bribe 2B1.1 Value of payment $15,000 but less than $40,000 2. ADJUSTMENTS (U.S.S.G. ch. 3, pts. A, B, C) Guideline Section Description evels DOC 24 Filed 06/01/Defendant: IMichael Lovelock Count: One DocketNo.: Statute(s): 18 U.S.C. 371 and 666(8) 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 24 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. A-2 DOC 24 Filed 06/01/Defendant: Michael Lovelock Count: One DocketNo.: . Statute(s): 18 U.S.C. 371 and 666(a) (Guideline Range) 1. (COMBINED) ADJUSTED OFFENSE LEVEL 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. 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 the defendant 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. b. Criminal History Categog? 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. 6. 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 5.3. and the criminal history category entered in Item 4 or 5.b. 3.746}: months Doc 24 Filed 06/01/Defendant: MiChael Lovelock Count: One Docket N0.: 16-CR-20793 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 DOC 24 Filed 06/01/Defendant: MiChael LoVeIock Count: One Docket No.: 16-CR-20793 Statute(s): 18 U. S. C. 371 and 666(a) l. 2. x. 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 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 1s 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 o??ense 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 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.) annual-.1 u-u-n DOC 24 Filed 06/01/Defendant: Michael Lovelock Count: One Docket No.: 1 6-0 R-20793 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. b. Lengm of Term of Supervised Release (U.S.S.G. 5D1.2) c. Conditions of Supervised Release (U .S.S.G. 5D1.3) 1. 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 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 imprisomnent 6 months but 5 years.~ 1 The statute of conviction requires a minimum term of supervised release of years. The court must impose certain conditions of supervised release and may impose other conditions of supervised release. 5. RESTITUTION (U.S.S.G. 5151.1) ix 7. 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. E-2 2. The court must order full restitution to the victim(s) of the offense(s) of conviction. (See 3556, 3663A, 3664) The parties agree that ?ll] restitution is Doc 24 Filed 06/01/Defendant: Michael Lovelock Count: One Docket No.: Statute(s): 18U.S.C. 371 and 666(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 . (See 18 U.S.C. 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 39 . . a .(See 18 U. S. C. Restitution is not applicable. 6. FINE 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. 5E1 Fine Ran efrom Fine Table .S.S.G. 5E1.2 3 Minimum Fme Maximum Fine $15, 000 $150 000 DOC 24 Filed 06/01/Defendant: Michael Lovelock Count: One DocketNo.: Statute(s): 18 U.S.C. 371 and 666(8) 7. SPECIAL 5E1.3) The court must impose a special assessment on every 'count of conviction. The special 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 $1100 . FORFEITURE (U.S.S.G. 5E1.4) Assets of the defendant will be if Assets of the defendant will not be forfeited. .7 forfeited. . ADDITIONAL APPLICABLE GUIDELINES, POLICY STATEMENTS, AND STATUTES List any additional applicable guideline, policy statement, or statute. UPWARD 0R 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)