dye guilty plea
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GUILTY PLEAandPLEA AGREEMENTUnited States Attorney
NorthernDistrict of Georgia
UNITEDSTATESDISTRICTGOURT
NORTHERNDISTRICTOFGEORGIAATLANTA DIVISION
CRIMINALNO.l:14-GR-26-AT
TheUnitedStatesAttorney for the NorthernDistrictof Georgia and theCriminal
Division of the United States Department of Justice ("the Government") and
DefendantThomas AllenDye, enter into this plea agreement as set forthbelow
in Part IV pursuant to Rule 11 (c)(1)(B) of the Federal Rules of Criminal
Procedure.Thomas AllenDye, Defendant, having received a copy of the above-
numberedInformationandhavingbeenarraigned, herebypleadsGUILTYto theInformation.
L ADMISS ION OFGUILT
1.The Defendant admits that he is pleadingguiltybecausehe is in factguilty
of the crime charged in the Information,namely, conspiring to commitcriminal
copyright infringementinviolationof 18 U.S.C 371.
II. ACKNOWLEDGMENT &WAIVER OFRIGHTS
2.The Defendant understands that by pleading guilty, he is giving up the
right to plead not guilty and the right to be tried by a jury. At a trial, the
Defendantwould h^v thefight to an attorn
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provinghimguiltybeyond areasonabledoubt. The Defendantwouldhave the
right to confront and cross-examine thewitnessesagainst him. f the Defendant
wished,he could testify on his own behalf andpresentevidence in hisdefense,
and he could subpoena witnesses to testify on his behalf. If however, theDefendantd id notwish to testify, that fact could not be used against him, and
theGovernment could not compel him to incriminate himself. If the Defendant
werefoundguiltyafter atrial,hewouldhavetherightto appeal theconviction.
3.The Defendantunderstands that by pleading guilty, he isgiving up all of
theserights and therewil lnot be ahrialof anykind.4.By pleading gui l ty . Defendant also gives up any and all rights to pursue
anyaffirmativedefenses.Fourth Amendment or FifthAmendment claims, andotherpretrial motions thathave beenfiledor couldhave beenfiled.
5.The Defendant alsounderstandsthat he ordinarilywouldhavetheright to
appealhissentenceand, under somecircumstances, to attack theconvictionand
sentence in post-conviction proceedings. By entering this Flea Agreement, the
Defendant may be waivuig some or all of those rights to appeal and tocollaterallyattack hisconvictionandsentence,asspecifiedbelow.
6.Finally, the Defendantunderstands that, to plead guilty, he may have to
answer,under oath, questions posed to him by the Gourt concerning the rights
that he is giving up and the facts of thiscase, and the Defendant's answers, if
untruthful,may later be used against him in a prosecution for perjury or false
statements.
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in ACKNOWLEDGMENT OFPENALTIES7.The Defendant understands that, based on his plea of guilty, he wil l be
subjectto thefollowingmaximum and mandatory minimum penalties:
Asto thesolecharge in theInformationa. Maximumterm of imprisonment: 5years.
b. Mandatorymhiimumterm of imprisonment: None.c. Term of supervised release:0 year(s) to 3years.
d. Maximumfine:$250,000.00, due and payable immediately.
e. Full restitution, due and payable immediately, to all victims of the
offense(s) and relevant conduct.
f. Mandatory special assessment: $100.00, due and payable
immediately.
g. Forfeiture of any and all proceeds from the commission of the
offense.
8.The Defendantunderstandsthat, before imposkigsentencein thiscase,the
Gourt wil l be required to consider, among other factors, the provisions of the
United States Sentencing Guidelines and that, under certain circumstances, the
Gourt has the discretion todepartfromthoseGuidelines. The Defendant further
understands that the Gourt may impose a sentence up to and mcluding the
statutorymaximum as set forth inparagraph 7 and that no one can predict his
exactsentenceat this time.
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9.REMOVALFROMTHEUNITEDSTATES: The Defendant recognizes that
pleadingguiltymayhaveconsequenceswithrespectto hisimmigrationstatus if
he is not a citizen of the United States. Under federal law, a broad rangeof
crimes are removable offenses,including the offense towhich the Defendant is
pleadingguilty. Indeed,becausethe Defendant is pleadingguiltyto this offense,
removal is presumptively mandatory. Removal and other immigration
consequences are the subject of a separate proceedhig, however, and theDefendantunderstands that no one, includinghis attorney or the district court,
canpredict to a certainty the effect of his conviction on his immigrationstatus.
The Defendant nevertheless affirms that he wants to plead guilty regardlessof
any immigrationconsequencesthat his plea may entail, even if theconsequence
is his automatic removalfromtheUnitedStates.
IV. PLEA AGREEMENT
10.The Defendant, his counsel, and the Government, subject to approval by
theGourt,haveagreed upon a negotiated plea in thiscase,the terms ofwhich are
asfollows:
NoAdditional Charges
11.TheUnitedStatesAttorney for the NorthernDistrict of Georgia and the
riininf l Divifsinnnf thpTInitpd StatesDeparfmpntof Justice agreenot tobringfurthercriminalchargesagainst the Defendant related to thechargestowhichhe
is pleadingguilty. The Defendantunderstands that this provisiondoesnot bar
prosecution by any other federal,state,orlocaljurisdiction.
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Sentencing Guidelines Recommendations
12.Based upon the evidence currently known to the Government, the
Governmentagreesto make thefollowingrecommendations and/ortoenterintothefollowingstipulations.
Base/AdjustedOffenseLevel
13.The Governmentagreesto recommend and the Defendantagreesthat:
a. The applicable offense guideline is Section2B5.3(a),providing for a
baseoffenselevelof 8.
b. Defendant receive the 14-level upward adjustment pursuant toSection2B5.3(b)(l)(B).
c. Defendant receive the 2-level upward adjustment pursuant toSection2B5.3(b)(3)(A).
Acceptance of Responsibility
14.The Governmentwil l recommend that the Defendant receive thetwo-level
adjustment for acceptance of responsibility pursuant to Section 3E1.1 of the
Sentencing Guidelines, and the additional one-level adjustment if the offense
level is 16 or higher. However, the Government wil l not be required to
recommend acceptance of responsibility if , after entering thisPleaAgreement,
the Defendant engages in conduct inconsistent with accepting responsibility.
Thus, by way of example only, should the Defendant falsely deny or falselyattempt tominimizeDefendant's involvement in relevant offense conduct, give
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conflicting statements about Defendant's involvement, fail to pay the special
assessment, fail to meet any of the obligations set forth in the Financial
Cooperation Provisions set forth below, or participate in additional criminal
conduct, including unlawful personal use of a controlled substance, the
Governmentwi l lnot be required to recommend acceptanceofresponsibility.
Rightto Answer Questions,CorrectMisstatements,
andMake Recommendations
15.The Governmentreservestheright to informthe Gourt and the Probation
Officeof all facts and circumstances regarding the Defendant and thiscase,and
to respond to any questions fromthe Court and the ProbationOfficeand to any
misstatements of fact or law. Except as expressly stated elsewhere in this Plea
Agreement, the Government also reserves the right to make recommendations
regarding application of the Sentencing Guidelines. As to any Guidelineissues
not specificallyaddressed in this Agreement, the parties are free to advocate
theirrespective positions at sentencing.
Rightto Modify Recommendations
16.With regard to the Government's recommendation as to any specific
application of the Sentencing Guidelines as set forth elsewhere in this Plea
Agreement,the Defendantunderstandsandagreesthat, should the Government
obtainor receive additional evidence concerning the facts underlying any such
recommendation,the Governmentwil lbringthat evidence to the attention of the
Gourt and the Probation Office. In addition, if the additional evidence is
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sufficient to support a finding of a different application of the Guidelines, the
Governmentwil lnot be bound to make the recommendation set forth elsewhere
in this Plea Agreement, and thefailureto do sowil lnot constitute aviolationof
this Plea Agreement.
Cooperation
GeneralRequirements
17.The Defendant agrees to cooperate truthfully and completely with the
Government,includingbeing debriefed andproviding truthfultestimony at any
proceeding resulting from or related to Defendant's cooperation. Defendant
agrees to so cooperate in any investigation or proceeding as requested by the
Government. Defendantagrees that Defendant's cooperation shall include, but
not belimitedto:
a. producing all records, whether written, recorded, electronic, or
machine readable, in his actual or constructivepossession,custody,
orcontrol,of evidentiary value or requested by attorneys andagents
of the Government;
b. makinghimself available foruiterviews, not at the expense of theGovernment if he is on bond, upon the request of attorneys andagentsof the Government;
c. responding fullyand truthfullyto all inquiries of the Government inconnection with any investigation or proceeding, without falsely
implicating any person or intentionally withholding any
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information, subject to the penalties of making falsestatements(18
U.S.C. 1001), obstruction of justice (18 U.S.C. 1503) and related
offenses;
d. when called upon to do so by the Government in connection with
any investigation or proceeding, testifyingin grand jury, trial, and
otherjudicialproceeduigs, fully,truthfully, and under oath, subjecttothe penalties ofperjury(18 U.S.C 1621),makuigfalsestatementsordeclarations in grandjuryor court proceedings (18U.S.C. 1623),
contempt (18 U.S.C 401 - 402), obstruction of justice (18 U.S.C
1503),and related offenses.
The Defendant understands that the Government alone wil l determine what
formsof cooperation torequest from the Defendant, and the Defendantagrees
that Defendant wil l not engage in any investigation that is not specifically
authorized by the Government.
UndercoverWork
18.Upon request by the Government, the Defendant agrees to act in an
undercoverinvestigative capacity to thebestof hisability. The Defendantagrees
that Defendant wil l make himself available to the law enforcement agents
designatedby the Government,wil l fullycomplywithallreasonableinstructions
given by such agents, and wil l allow such agents to monitor and record
conversationsand other interactionwithpersons suspectedofcriminal activity.
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Consentto Contact
19.The Defendant and Defendant's counselagree that Government attorneys
and lav enforcement agents may contact the Defendantwithout notifyingandoutside the presence of Defendant's counsel for purposes relevant to the
Defendant'scooperation.
Section 1B1.8 Protection
20.Pursuant to Section 1B1.8 of the Sentencing Guidelines, the Government
agrees that anyself-incriminating informationthat was previously unknown to
the Government and is provided to the Government by the Defendant in
connectionwithDefendant's cooperation and as a result of this Plea Agreement
will not be used in determining the applicable sentencing guideline range,
although such information may be disclosed to the Probation Office and the
Gourt. The Government alsoagreesnot tobring additionalcharges against the
Defendant, with the exception of charges resulting from or related to violent
criminal activity, based on any information provided by the Defendant in
connectionwithcooperation that was not known to the Governmentpriorto the
cooperation. However, if the Government determines that the Defendant has not
beencompletelytruthfuland candid in his cooperationwith the Government, he
maybe subject to prosecution forperjury,falsestatements,obstruction of justice,
and any other appropriate charge, and allinformationDefendant has provided
may be used against Defendant in such a prosecution. Furthermore, should the
Defendant withdraw his guilty plea in this case and proceed to trial, the
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Governmentis free to use anystatementsand/orother informationprovided bythe Defendant, pursuant to the Defendant's cooperation, as well as any
informationderived therefrom, during any trial or other proceeding related to
theGovernment's prosecution of the Defendant for the offense(s) charged in theabove-numberedtheInformation.
ConditionalSectionSI^Rule35 Motion21.The Governmentagreesto make the extent of the Defendant's cooperation
known to the sentencing court. In addition, if the cooperation is completedbefore sentencing and the Government determines that such cooperation
qualifies as "substantial assistance" pursuant to Title 18, United States Code,
Section 3553(e) and/or Section 5K1.1 of the Sentencing Guidelines, the
Government wi l l file a motion at sentencing recommending a downward
departure from the applicable guideline range. f the cooperation is completed
after sentencing and the Government determines that such cooperation qualifies
as "substantial assistance" pursuant to Rule 35(b) of the Federal Rules of
CriminalProcedure, the Governmentwil l fileamotionfor reduction ofsentence.
In eithercase, the Defendantunderstands that the determination as to whetherDefendant has provided "substantial assistance" rests solely with the
Government. Goodfaitheffortsby the Defendant that do not substantiallyassist
in the investigation or prosecution of another person who has committed a crime
wil lnot result in either amotion for downward departure or a Rule 35motion.
The Defendant also understands that, should the Government decide to filea
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motion pursuant to this paragraph, the Government may recommend any
specificsentence,and the finaldecision as to what credit, if any, the Defendant
shouldreceive for Defendant's cooperationwil l
be determined by the Gourt. f
theDefendantfails tocooperate truthfullyand completely, or if the Defendant
engages in additional criminal conduct or other conduct inconsistent with
cooperation. Defendant wil l not be entitled to any consideration whatsoeverpursuantto this paragraph.
Sentencing Recommendations
JudicialEconomy
22.Based on the factors set forth in 18 U.S.G. 3553(a), the Government
agreesto recommend that the Defendant receive a one-level downward variance
at sentencing. This variance is predicated on the Defendant's expeditiously
entered plea of guilty and the resulting conservation of limited judicial and
prosecutorialresources.
SpecificSentence Recommendation
23.The Governmentagreesto recommend that the Defendant besentencedat
thelow end of the adjusted guideline range.
FineNoRecommendation As To Amount24.The Government agrees to make no specific recommendation as to the
amount of the fine to be imposed on the Defendant within the applicable
guidelinerange.
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understands that this payment schedule represents a minimum obligation and
that,should Defendant'sfinancialsituation establish that he is able to pay more
toward the fineand/or restitution, the Government is entitled to pursue othersourcesof recovery of thefineand/orrestitution. The Defendantfurtheragreesto cooperate fullyin efforts to collect the fineand/or restitutionobligation byanylegalmeansthe Governmentdeemsappropriate. Finally,the Defendant and
hiscounselagreethat the Government may contact the Defendant regarding the
collection of any fine and/or restitution without notifying and outside thepresenceof his counsel.
FinancialDisclosure
28.The Defendantagreesthat Defendantwil l notsell,hide, waste, encumber,
destroy, or otherwise devalue any such asset worth more than $1,000 before
sentencing, without the prior approval of the Government. The Defendant
understandsandagreesthat Defendant'sfailureto complywith thisprovisionof
thePlea Agreement should result in Defendantreceivingno creditforacceptance
ofresponsibility.
29.The Defendantagreesto cooperate fullyi n theinvestigationof the amount
of restitutionand fine;theidentificationof funds andassetsinwhichhe has any
legalor equitable interest to be applied toward restitutionand/or fine; and thepromptpayment ofrestitutionor afine.
30.The Defendant's cooperation obligations include: (A) fullyandtruthfully
completing the Department ofJustice'sFinancial Statement of Debtorform,and
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anyaddendato saidformdeemednecessaryby the Government,withintendays
of the change of plea hearing; (B) submitting to a financial deposition or
interview (should the Government deem it necessary) prior to sentencing
regarding the subject matter of said form; (G) providing any documentation
within his possession or control requested by the Government regarding his
fuiancial condition and that of his household; and (D) fully and truthfullyanswering all questions regarding hispast and present financialcondition and
that of his household in such interview(s); and (E) providing a waiver of his
privacyprotections to permit the Government toaccesshis credit report and tax
informationheld by the Internal Revenue Service.
31. So long as the Defendant is completely truthful, the Government agrees
that anything related by the Defendant during his financial interview or
deposition or in thefinancialforms described above cannot and wi l lnot be used
against him in the Government's crimuial prosecution. However, theGovernmentmay use the Defendant'sstatementstoidentifyand to execute upon
assets to be applied to the fine and/or restitution in this case. Further, theGovernmentis completely free to pursue any and all investigativeleadsderived
in any way from the interview s)/deposition s)/financial forms,which couldresult in the acquisition of evidence admissible against the Defendant in
subsequentproceedings. If the Defendant subsequently takesa position in any
legal proceeding that is inconsistent with the
interview s)/deposition s)/financialforms-whether in pleadings, oral argument,
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witness testimony, documentary evidence, questioning of witnesses, or any other
manner-the Government may use the Defendant's
interview(s)/deposition(s)/financial forms,and all evidence obtaineddirectlyor
indirectly therefrom, in any responsive pleading and argument and for cross-
examination,impeachment, or rebuttal evidence. Further, the Government may
also use the Defendant's interview s)/deposition s)/financial forms to respondto arguments made or issues raised sua sponte by the Magistrate or District
Gourt.
Recommendations/Stipulations Non-binding
32.The Defendantunderstands and agrees that the recommendations of the
Government incorporated within this Plea Agreement, as well as any
stipulations of fact or guideline computations incorporated within this Plea
Agreement or otherwise discussed between the parties, are notbinding on the
Gourtand that the Gourt'sfailuretoacceptone or more of the recommendations,
stipulations, and/or guideline computations wi l l not constitute grounds towithdrawhisguiltyplea or toclaima breach of this Plea Agreement.
LimitedWaiverof Appeal
33.LIMITED WAIVER OFAPPEAL: To the maximum extent permitted by
fodorallaw,thoDofendantvoluntarilyand expressly ^valvesthe right to appealhisconvictionandsentenceand therighttocollaterallyattack hisconvictionand
sentence in any post-conviction proceeding (including, but not limited to,
motions filed pursuant to 28 U.S.G. 2255) on any ground, except that the
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Defendant mayfilea direct appeal of an upward departure or variance above the
sentencing guideline range as calculated by the district court. The Defendant
understands that this Plea Agreementdoesnot limit the Government's right to
appeal,but if the Government initiates a direct appeal of the sentenceimposed,
theDefendant mayfilea cross-appeal of thatsamesentence.
MiscellaneousWaivers
FOIA/PrivacyAct Waiver
34.The Defendant hereby waives all rights, whether asserteddirectlyor by a
representative, to request or receive from any department or agency of the
UnitedStatesany records pertaining to the investigation or prosecution of this
case, including, without limitation, any records that may be sought under the
Freedom of Information Act,Title 5, United States Gode, Section 552, or the
PrivacyAct of1974, Title5,UnitedStatesGode, Section 552a.
Waiverof Right to ChallengePriorConvictions
35.Inconsideration of the benefits received by Defendant under the terms ofthisPlea Agreement, Defendantagreesthat hewil lnot challenge, eitherdirectly
orcollaterally,in any manner, anypriorsentenceand/or convictionin any court.Defendant furtheragreesthat, in the event that apriorsentenceorconvictionis
vacated, this event will not serve as the basis for a reduced sentence in any
collateralattack on thesentencein thiscase.
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NoOtherAgreements
36.There are no other agreements, promises, representations, or
understandingsbetween the Defendant and the Government.
InOpen Gourt this_^ day ofMarch,2014.
SIGNATURE (Attorney for SIGNATURE (Defendant)
Defendant)ShawnArnold ThomasAllenDye
SIGNATURE (Assistant U.S.
Attorney)
GhristopherG.Bly
^SIGNATUR^E (AssistantDeputy Ghii for Litigation,GGIPS)John Zacharia
^ ^ ^ ^ ^
^SIGNATURE (ApprovingOfficial)
gfcygnP.grjinberg
I have read the Information against me and have discussed it with my
attorney. 1 understand the charges and the elements of each charge that the
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Government would have to prove to convict me at a trial. I have read the
foregoingPlea Agreement andhavecarefullyreviewed every part of itwithmy
attorney. 1 understand the terms and conditions contained in the PleaAgreement, and 1voluntarily agree to them. 1 also have discussed with my
attorney the rights 1 may have to appeal or challenge my conviction and
sentence, and 1 understand that the appeal waiver contained in the Plea
Agreement wi l l prevent me,with the narrow exceptions stated, from appealing
my conviction and sentenceor challenging my conviction and sentence in any
post-convictionproceeding. No one has threatened or forced me to plead guilty,
and no promises or inducements have been made to me other than those
discussed in the Plea Agreement. The discussions between my attorney and theGovernment toward reaching a negotiated plea in thiscasetook place with my
permission. 1am fullysatisfiedwith the representation provided to me by my
attorneyin thiscase.
SIGNATURE(Defendant)
ThomasAllenDye
DATE
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I amThomasAllen Dye's lawyer. 1havecarefully reviewed thecharges and
the PleaAgreement with my client. To my knowledge, my client is making an
informed and voluntary decision to plead guilty and to enter uito the PleaAgreement.^ ^ZI ^I lo] f iSIGNATURE(DefenseAttorney)
ShawnArnold
DATE
ShawnArnold
6279Dupont Station Gourt
Jacksonville,FL 32217(904) 731-3800
ThomasAllenDye
11964Elizabeth Ann Gourt
Jacksonville,FL32223
/ O ^O PH StateBar of Georgia Number
Filedin Open Court
Thisi i ^ a y of .20 iHILEDIN PfN OUi
U.S.D.C. -AtlantaMAR 102014
By.JAM l TTECJv^erk
DeputyClerk
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U.S.DEPARTMENTOFJUSTICE
Statementof Special Assessment Account
This statement reflects your special assessment only. There may be other
penaltiesimposed at sentencing.
ACCOUNT INFORMATION
CRIMINALACTIONNO.: l:14-CR-26-AT
DEFENDANT'SNAME: THOMASALLENDYE
PAYTHISAMO UNT : $100Instructions:
1. Payment must be made bycertifiedcheckormoney orderpayable to:
Clerkofcourt,U.S.DistrictCourt^personalcheckswillnot be accepted*2. Payment must reach the clerk'sofficewithin30 days of the entry of your
guiltyplea
3. Payment should besentor hand delivered to:
Clerk, U.S.DisteictCourt2211U.S.Courthouse
75SprmgSteeet,S.W.Atlanta,Georgia 30303
(Do NotSend Cash)4. Include defendant's name oncertifiedcheckormoney order.5. Enclose this coupon to insure proper and promptapplicationof payment.
6. Provideproofof payment to the above-signedAUSAwithin30 days of the
guiltyplea.
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