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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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Case 1:14-cr-00026-AT Document 22-1 Filed 03/10/14 Page 2 of 20


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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 Î lo] f iSIGNATURE(DefenseAttorney)

ShawnArnold

DATE

ShawnArnold

6279Dupont Station Gourt

Jacksonville,FL 32217(904) 731-3800

ThomasAllenDye

11964Elizabeth Ann Gourt

Jacksonville,FL32223

/ O Ô 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 TTECJvêrk

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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