Cusumano v. Bucci, Complaint Quo Warranto, Macomb County Circuit Case No. 2018-3035-CZ. Filed Part 2 of 2.

EXHIBIT B
QUO WARRANTO
COMPLAINT
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Case 2:17-cr-20568-Rl'-IC(}w ECF No. 12 filed 10/03/17 P~~JID.19 Page 1 of 24
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-1 CHRISTOPHER SORRENTINO,
MAXIMUM PENALTIES:
Up to 5 Years Imprisonment
Defendant. Up to $250,000 fine
Supervised Release: 3 years
-------------~/
RULEllPLEAAGREEMENT
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 witl enter a plea of guilty to Count One of the Information,
which charges him with structuring financial 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 financial
transactions to evade a reporting requirement:

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Case 2:17-cr-20568-RHG ":sw ECF No. 12 filed 10/03/17 F ....::,elD.20 Page 2 of 24
(1) The defendant conducted or attempted to conduct a financial transaction
that involved a domestic financial institution.
(2) At the time the defendant conducted or attempted to conduct a financial
transaction, the defendant knew of the domestic financial 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 sufficient 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 official 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 official. About two weeks
later, the elected official 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
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Case 2:17-cr-20568-RH( 1SW ECF No. 12 filed 10/03/17 f--JelD.21 Page 3 of 24
of 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 official
instructed the defendant to send a check for $181,055 to the other company which
had actually performed the work. In addition, the elected official instructed the
defendant to give the elected official the remaining money, at least $73,000, to the
official 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 official told the defendant that he
could keep approximately $7,000 in order to pay a portion of the taxes. Finally, the
elected official informed the defendant that the elected official 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
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Case 2:17-cr-20568-RHC· :W ECF No. 12 filed 10/03/17 Pa::.-'lD.22 Page 4 of 24
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 official. After the checks were cashed and the
defendant had collected $66,024 in cash, the defendant delivered all of the cash to the
elected official 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 official to re-
pave a parking lot at the Macomb Township fire 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 official, 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
official. 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 official of Macomb
Township.
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2. Sentencing Guidelines
A. Standard of Proof
The Court will find 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 finds:
1. That defendant's criminal history category is higher than reflected 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 officer; otherwise demonstrated. a lack of acceptance of
responsibility for his offense; or obstructed justice or committed any
cnme,
and if any such finding 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 finds that defendant is a career offender, an
armed career criminal, or a repeat and dangerous sex offender as defined under the
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Case 2:17-cr-20568-RHC-1 IN ECF No. 12 filed 10/03/17 Pa~_{D.24 Page 6 of 24
sentencing guidelines or other federal law, and that finding is not already reflected 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 reflected 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 ll(c)(l)(B), 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.
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C. Special Assessment
The defendant will pay a special assessment of $100 at the time of sentencing.
D. Fine
The parties agree that the fine will be no more than the maximum amount of
$250,000.
E. Restitution
The Court shall order restitution to every identifiable 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. I l(d)(2)(B), 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.
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Case 2:17-cr-20568-RHC-1 W ECF No. 12 filed 10/03/17 Pa\,-jD.26 Page 8 of 24
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.
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 IO months, the government
waives any right it may have to appeal the defendant's sentence.
This waiver does not bar filing 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 filed against defendant within six months after the date the order vacating
defendant's conviction or allowing him to withdraw his guilty plea becomes final,
which charges relate directly or indirectly to the conduct underlying the guilty plea
or to any conduct reflected in the attached worksheets, defendant waives his right to
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Case 2:17-cr-20568-RHC~. .W ECF No. 12 filed 10/03/17 Pas .,D.27 Page 9 of 24
challenge the additional charges on the ground that they were not filed in a timely
manner, including any claim that they were filed 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 Office 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.
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Case 2:17-cr-20568-RH .~SW ECF No. 12 filed 10/03/17 f-'agelD.28 Page 10 of 24
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.
DANIELL. LEMISCH
-
Assistant United States Attorney Assistant United States Attorney
Chief, Public Corruption Unit
Dated: June 6, 2017
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Case 2:17-cr-20568-RHC-R J ECF No. 12 filed 10/03/17 Pag .. J.29 Page 11 of 24
By signing below, defendant acknowledges that he has read (or been read) this entire
dacmnent, understands it, and agrees to its terms. He also acknowledges that he is
satisfied 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.
ARTHUR WEISS
Attorney for Defendant Defendant
/0--3-/7
Dated Dated
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EXHIBIT C
Case 2:16-cr-20732-RHC-RSW ECF No. 52 filed 06/01/17 PagelD.288 Page 1 of 23
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICIDGAN
~r JUN 1- 2017
SOUTHERN DIVISION CLERK'S OFFICE
DETROIT
UNITED STATES OF AMERICA,

CRIMINAL NO. 16-20732
vs. HON. ROBERT H. CLELAND
OFFENSE: 18 U.S.C. § 371

D-4 CLIFFORD FREITAS,
MAXIMUM PENALTIES:
Up to 5 Years Imprisonment
Defendant. Up to $250,000 fine
Supervised Release: 3 years
- - - - - - - - - - - - -I
RULE 11 PLEA AGREEMENT
Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant
CLIFFORD FREITAS and the government agree as follows:
1. Guilty Plea
A. Count of Conviction
The defendant will enter a plea of guilty to Count One of the Third Superseding
Information, which charges him with Conspiracy to Commit Federal Program
Bribery, in violation of 18 U.S.C. §§ 371 and 666(a).
B. Elements of Offense
The following are the elements of the crime of Conspiracy to Commit Federal
Program Bribery:
0.
1. 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 influenced 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 sufficient and accurate basis for defendant's guilty
plea:
In 2015, the defendant was serving as an elected Trustee of Macomb
Township, Michigan, located in Macomb County, Michigan, in the Eastern District
of Michigan. In 2015, the defendant agreed to accept and did corruptly accept
payments of money, as described below, from an executive at a company ("Company
A") which was seeking, and then secured, a contract with Macomb Township. The
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contract was worth approximately $17 million dollars. The defendant accepted the
money in exchange for his assistance as a public official to Company A.
In 2015, besides being a Macomb Township Trustee, the defendant also had a
job with Company A. The defendant had been employed with Company A since
accepting a position in June 2014. In July 2015, Macomb Township put out a request
for proposal (''RFP") for a contract. Soon after the RFP was put out, the defendant
approached the executive at Company A. The defendant told the executive that he
would use his official position with the township in order to help Company A obtain
the contract with Company A, but that he (the defendant) wanted to be paid for his
assistance. The executive offered, and the defendant accepted, a promise to pay the
defendant $7,500 for his assistance in getting the contract.
During the process leading up to the award of the contract, the defendant
supplied inside information concerning the bid process to the executive in order to
assist Company A in winning the contract. Ultimately, the defendant recused himself
from actually voting as a trustee on the award of the contract because of his
employment with Company A. Macomb Township awarded the contract to Company
A. The executive then paid the defendant the promised $7,500 by adding $7,500 to
the defendant's pay as an employee of Company A.
In the calendar year 2015, Macomb Township received in excess of $10,000
in federal assistance.
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2. Sentencing Guidelines
A. Standard of Proof
The Court will find 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 30 months, as set forth on
the attached worksheets. If the Court finds:
I. That defendant's criminal history category is higher than reflected 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 officer; otherwise demonstrated a lack of acceptance of
responsibility for his offense; or obstructed justice or committed any
crime,
and if any such finding results in a guideline range higher than 30 months, the higher
guideline range becomes the agreed range. The Court is not bound by this
recommendation concerning the guideline range, and the defendant understands that
he will have no right to withdraw his guilty plea if the Court does not follow this
recommendation. However, if the Court finds that defendant is a career offender, an
armed career criminal, or a repeat and dangerous sex offender as defined under the
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Case 2:16-cr-20732-RHC-RSW ECF No. 52 tiled 06/01/17 PagelD.292 Page 5 of 23
sentencing guidelines or other federal law, and that finding is not already reflected 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 reflected 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 ll(c)(l)(B), the government makes a non-binding
recommendation that the sentence of imprisonment be no higher than 30 months.
B. Supervised Release
A term of supervised release follows the term ofimprisonment. 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.
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D. Fine
The parties agree that the fine will be no more than the maximum amount of
$250,000.
E. Restitution
The Court shall order restitution to every identifiable 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. ll(d)(2)(B), the defendant waives his rights
under Fed. R Evid. 410, and the government may use his guilty plea, any statement
made under oath at the change-of-plea hearing, and the factual basis statement in this
plea agreement, against him in any proceeding.
5. Other Charges
If the .Court accepts this agreement, the government will not bring any
additional charges based on defendant's conduct described in this agreement.
6. Each Party's Right to Withdraw from This Agreement
The recommendations in Paragraph 3 are not binding on the Court. Defendant
has no right to withdraw his guilty plea and the parties have no right to withdraw
from this agreement if the Court decides not to follow them.
-6-
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 30 months, the
defendant also waives any right he may have to appeal his sentence on any grounds.
If the defendant's sentence of imprisonment is at least 30 months, the government
waives any right it may have to appeal the defendant's sentence.
This waiver does not bar filing a claim of ineffective assistance of counsel in
court.
8. C~nsequences 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 filed against defendant within six months after the date the order vacating
defendant's conviction or allowing him to withdraw his guilty plea becomes final,
which charges relate directly or indirectly to the conduct underlying the guilty plea
or to any conduct reflected in the attached worksheets, defendant waives his right to
challenge the additional charges on the ground that they were not filed in a timely
manner, including any claim that they were filed after the limitations period expired.
-7-
9. Parties to Plea Agreement
Unless otherwise indicated, this agreement does not bind any government
I
agency except the United States Attorney's Office 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 l;,een 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.
-8-
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 1, 2017. The government reserves
the right to modify or revoke this offer at any time before defendant pleads guilty.
DANIEL L. LEMISCH
Assistant United States Attorney

~H(lfid:(/lgf
Assistant United States Attorney
Chief, Public Corruption Unit
Dated: June 1, 2017
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Case 2:16-cr-20732-RHC-RSW ECF No. 52 filed 06/01/17 PagelD.297 -Page 10 of 23
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
satisfied with his attorney's advice and representation. Defendant agrees that he has
had a full and complete opportunity to confer with his lawyer, and has had all of his
questions answered by his lawyer.
DANIE C~RE~
Attorne Defendant
Dated
{{-/- /7
Dated
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EXHIBIT D
QUO WARRANTO
COMPLAINT
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Case 2:16-cr-20732-RHC-F<SW ECF No. 119 filed 10/11/17 PagelD.633 Page 1 of 30

1
1 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
2 SOUTHERN DIVISION
3 UNITED STATES OF AMERICA,
4 Plaintiff, Case No. 16-20732

-v-
5
D-4, CLIFFORD FREITAS,
6
Defendant.
7 - - - - - - - - - - - - - - - - - · - - - -I
8 PLEA HEARING
9 BEFORE THE HONORABLE ROBERT H. CLELAND

United States District Judge
10 Federal Building
526 Water Street
11 Port Huron, Michigan
June 1, 2017
12
APPEARANCES:
13
FOR THE PLAINTIFF: DAVID GARDEY
14 MICHAEL BULLOTTA
U.S. Attorney's Office
15 211 W. Fort Street
Suite 2001
16 Detroit, MI 48226
17 FOR THE DEFENDANT: DANIEL GARON

Fischer, Garon, Hoyumpa & Ranciolio
18 48 Market Street
Suite 2B
19 Mt. Clemens , MI 48043
20
21 To Obtain a Certified Transcript Contact:

Christin E. Russell, RMR, CRR, FCRR, CSR - (248) 420-2720
22 Proceedings produced by mechanical stenography.
Transcript produced by computer-aided Transcription.
23
24
25
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Case 2:16-cr-20732-RHC-k5W ECF No. 119 filed 10/11/17 Pa~elD.634 Page 2 of 30
2
1
TABLE OF CONTENTS
2
Hearing
3
4 Defendant Sworn 3
9 Exhibits:
(None Offered.)
10
11
12 CERTIFICATE OF REPORTER 30
13
14
15
16
17
18
19
20
21
22
23
24
25
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Case 2:16-cr-20732-RHC-rs:SW ECF No. 119 filed 10/11/17 Pct\:;lelD.635 Page 3 of 30
PLEA HEARING - 6/1/2017
3
1 Port Huron, Michigan
2 June 1, 2017
3 1:41 p.m.
4 * * *
5 (Call to Order of the Court; all parties present.)
6 THE CLERK: The Court calls case 16-20732, Defendant
7 4. United States of America vs. Clifford Freitas.
8 Counsel, please state your appearances for the record.
9 MR. GARDEY: Good afternoon, your Honor. David Gardey
10 on behalf of the United States.
11 MR. BULLOTTA: Good afternoon, your Honor. Michael
12 Bullotta for the United States.
13 MR. GARON: Daniel Garon for Defendant.
14 THE COURT: And the defendant is personally present,
15 Mr. Freitas, Mr. Garon?
16 MR. GARON: Yes, sir.
17 THE COURT: And I have a, what appears to be a signed
18 Rule 11 plea agreement. The defendant intends to proffer a
19 plea of guilty this afternoon?
20 MR. GARON: That's correct, your Honor.
21 THE COURT: Would you come to the lectern, please, and
22 I'll ask the defendant to be sworn.
23 THE CLERK: Would you please raise your right hand.
24 (Defendant sworn, 1:43 p.m.)
25 THE COURT: Your full name is what?
UNITED STATES vs. FREITAS, D-4 - 16-20732

Case 2:16-cr-20732-RHC-R:::iW ECF No. 119 filed 10/11/17 Paye!D.636 Page 4 of 30
4
1 THE DEFENDANT: Clifford Wilhelm Freitas.
2 THE COURT: And Mr. Freitas, you are under oath and
3 it's important for you to speak truthfully in answering
4 questions that I have for you under oath. You understand
5 that --
6 THE DEFENDANT: Yes.
7 THE COURT: fundamentally, do you not?
9 THE COURT: It is accordingly important that you
10 understand the questions that I'm asking you, so you need to
11 listen carefully of course. If you say something under oath
12 that you know is not true, that would be perjury, if it's a
13 thing of some importance, any importance. And if you were to
14 be found to have spoken falsely intentionally and in some
15 material way while under oath, you could be charged with
16 committing perjury, in which case things that you say could be
17 used against you. And even if I were to find that you had
18 spoken falsely but not been criminally prosecuted, I would
19 certainly take those facts into account in imposing a sentence
20 upon you.
21 You understand all of those explanations?
23 THE COURT: How old are you, Mr. Freitas?
24 THE DEFENDANT: Forty-three.
25 THE COURT: And what level of education do you have?

(~), r"',.

5
1 THE DEFENDANT: A bachelor's plus.
2 THE COURT: So you understand me clearly today and
3 understand the kind of language that I'm using, true?
5 THE COURT: If there's anything that I say from this
6 point forward that you think you don't understand or you need
7 additional explanation, or you just need it repeated, feel
8 free, raise your hand, tell me you need some assistance in that
9 regard. I'll be happy to provide it. Clear?
11 THE COURT: Are you feeling the intoxicating effects
12 of any drugs or alcohol that you have recently consumed?
13 THE DEFENDANT: No.
14 THE COURT: Are you under a doctor's care that
15 requires any sort of significant medication?
17 THE COURT: Is there anything, as far as you are
18 concerned, wrong with your mental or physical state today?
20 THE COURT: You feel alert, awake and prepared to
21 proceed, I take it?
23 THE COURT: Mr. Garon, are you in agreement on the
24 defendant's competence?
25 MR. GARON: I am, sir.

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6
1 THE COURT: And I find he is competent to proceed.
2 Mr. Freitas, you have the right to have an attorney
3 represent you at every stage of the proceeding. If you are
4 financially able to afford to hire an attorney of your own
5 choosing, that's fine. But if you are not able to do so
6 financially, you, upon request, may be afforded an attorney to
7 serve at public expense throughout every stage of the
8 proceeding, which would include a trial in the event that you
9 wanted to demand a trial.
10 Do you understand the importance of, and the
11 availability of an attorney to represent you at every stage of
12 the proceeding?
14 THE COURT: You've talked about this case with your
15 attorney, Mr. Garon at some length, I take it; is that true?
17 THE COURT: And is it the case that you hired him to
18 represent you or was he appointed?
19 THE DEFENDANT: He was hired.
20 THE COURT: You've had ample time to discuss this case
21 with him?
23 THE COURT: Are you confident that he understands the
24 case against you and the evidence and the significance of it?

('-...
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7
1 THE COURT: Are you also confident that you understand
2 his advice and that you've been well informed and well
3 prepared?
5 THE COURT: That won't be the last time that I ask you
6 a question of that sort.
7 The decision to plead guilty has to be on your
8 shoulders. This is a decision that only a defendant can make.
9 Your attorney is not permitted to make this decision for you,
10 to make the call for you, so to speak. You have to decide,
11 with careful consideration of his advice, one would hope, but
12 ultimately, it is your decision. You do understand that?
14 THE COURT: If I accept your guilty plea today, you
15 will be convicted of the crime to which you are pleading guilty
16 and you will not have a trial. You understand that?
18 THE COURT: And you understand that the constitutional
19 rights that you would have at a trial, you are giving up in
20 view of the intended guilty plea, right?
22 THE COURT: Mr. Garon, the defendant is pleading
23 guilty on a Third Superseding Information, upon which the
24 defendant should be arraigned. I suggest that the complexity
25 of a Rule 11 colloquy substitutes well for a formal

I
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8
1 arraignment, and that you can safely waive the formal
2 arraignment and proceed with the rest of the Rule 11.
3 MR. GARON: I would agree, your Honor.
4 THE COURT: Thank you.
5 Mr. Gardey agrees?
6 MR. GARDEY: Yes, your Honor.
7 THE COURT: Good.
8 The rights that you are giving up, I am confident you
9 have discussed already in some detail, very likely with your
10 attorney, but I need to go over them and have you acknowledge
11 them on the record today.
12 First, you're giving up the right to continue with a
13 plea of not guilty or to have one entered for you, and to have
]_ 4 a trial by jury with a lawyer assisting you. Do you understand
]_ 5 that?
17 THE COURT: Second, you are giving up the right to be
18 presumed innocent, which requires the Government to prove that
19 you're guilty beyond a reasonable doubt to the satisfaction of
20 a unanimous jury. You understand that?
2 ]_ THE DEFENDANT: Yes.
22 THE COURT: You're giving up the right to confront the
23 witnesses against you, as the law terms it, the right to
24 question the witnesses, to listen and watch while they testify,
25 the right to challenge their testimony, to put a spin on it

f'\ /'"\.
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9
1 different from that which the Government might suggest.
2 And relatedly, you're giving up the right to subpoena
3 additional witnesses into court and have them give testimony,
4 if there are any such witnesses, that you might want to present
5 in your own defense. You understand you're giving that up as
6 well?
8 THE COURT: Finally, you're giving up the right to
9 testify or to avoid testifying at your own trial, a decision
10 that, again, only you can make. No one can force you to plead
11 guilty, no one can prohibit -- I'm sorry. No one can force you
12 to testify at your trial, and no one can prohibit you from
13 testifying at your trial. It remains your choice. Do you
14 understand that?
16 THE COURT: There are two other rights in your Rule 11
17 agreement that you are giving up which we need to discuss and
18 acknowledge.
19 First is with respect to the conviction that I will
20 enter if I accept your guilty plea today. You are giving up in
21 advance whatever right you might otherwise have to appeal your
22 conviction, that is, to complain about the fact that you've
23 been convicted based upon your guilty plea. It seems
24 counterintuitive but it actually is a right that you would
25 otherwise have, almost never successful, but occasionally

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10
1 raised. You're giving it up in advance. You're saying, you're
2 committing yourself I'm not going to appeal the conviction, I'm
3 not going to complain about it, I'm going to accept it. Do you
4 understand that?
6 THE COURT: Now, that means that if I accept your
7 guilty plea, it's permanent. It's not going to get undone.
8 You don't get to change your mind tomorrow or next week. It's
9 just set in cement and that's it, right?
11 THE COURT: The other right similarly that you are
12 giving up is the right to challenge your sentence, as long as
13 your sentence does not exceed 30 months. That's in the Rule 11
14 agreement. If that condition is met, then you are, in other
15 words, if you receive a sentence of 30 months or less, then
16 your promise is sound and solid, and that promise means you
17 will not be permitted to challenge or to quibble about the
18 actual sentence that you did receive, whatever it may turn out
19 to be. Do you understand that?
21 THE COURT: Well, I guess there is this one other
22 right that you have, and that is to be charged by a grand jury.
23 But you've agreed in advance to be charged in a document
24 prepared by the prosecutor specifying this single conspiracy
25 count, bribery conspiracy, and that's a document that's called

.~
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11
1 an Information. And you've agreed to be charged on an
2 Information instead of a grand jury indictment, which could
3 charge you, probably would charge you with more and different
4 offenses. I'm guessing about that, but that's often the case.
5 Do you understand the right that you're giving up by
6 agreement to be charged for purposes of entering this plea on
7 an Information, yes?
9 THE COURT: The charge of conspiracy to commit bribery
10 concerning programs receiving federal funds in violation of
11 Title 18, United States Code, Section 371 and Section 666(a) is
12 an offense which, upon conviction, can result in a sentence up
13 to five years, 60 months, in other words, of imprisonment. A
14 fine of up to $250,000 can be imposed in addition to
15 imprisonment. Do you understand those things?
17 THE COURT: A $100 special assessment is due, even if
18 no fine is imposed. You understand that?
20 THE COURT: Supervised release would follow any term
21 of imprisonment. Supervised release would last for at least
22 one year, and probably longer than that, up to three years
23 maximum.
24 Supervised release requires lawful behavior, regular
25 and truthful reporting, things of that sort. Any significant

I\
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12
1 violation of supervised release could result in revocation and
2 additional imprisonment. Do you understand that?
4 THE COURT: If there is an identifiable victim,
5 financial victim in cases such as this, I could also require
6 you to pay restitution to any person or entity financially
7 victimized. Do you understand that, sir?
9 THE COURT: You were born and raised in the U.S.?
11 THE COURT: So you're a citizen.
12 Any sentence that you receive is going to be governed
13 by federal sentencing law, and that will include the sentencing
14 guidelines calculations that I will make independently of the
15 attorneys.
16 They have suggested in the Rule 11 plea agreement that
17 the guideline range is a straight 30 months. I don't quite
18 understand that. Usually it's a range. But whatever
19 perhaps I will hear from that, Mr. Gardey, in a few moments
20 with respect to that and the terms and the conditions of the
21 plea agreement.
22 But here's the way it works, Mr. Freitas. First, I
23 need to calculate a sentencing range under the sentencing
24 guidelines provision, and that takes into account your behavior
25 in this offense, the amount of money involved, other actors,

0
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13
1 what role you played, how serious it was, how important your
2 role was in any conspiracy that existed and things of that
3 sort. Also, if I didn't say that, the amount of money involved
4 with respect to your behavior.
5 Putting all those things together with your criminal
6 background, if there is any, results in a range of sentences
7 from a low end to a high end ordinarily. And judges are
8 encouraged to consider that range of sentences in imposing an
9 individualized sentence. Are you with me so far?
11 THE COURT: Judges may well often give a sentence to a
12 defendant that is within the guideline range, in other words,
13 somewhere between the low end and the high end or they may
14 deviate from that for sufficient reasons, for other reasons
15 beyond those involved in the calculation of the guidelines. So
16 that could result in a sentence below the low end of ~he
17 guideline range or above the high end of the guideline range.
18 No higher than the statutory maximum, five years, nothing like
19 that is permitted, of course, but those are possibilities with
20 respect to sentencing and the guideline range. Do you
21 understand those things?
23 THE COURT: And you understand I am not required to
24 stay within the range, right?

Case 2:16-cr-20732-RHC-k...,W ECF No. 119 filed 10/11/17 Pa~elD.646 Page 14 of 30
PLEA.HEARING - 6/1/2017
14
1 THE COURT: Whatever the range may happen to be.
2 Also, the attorneys have identified this, an amount of
3 30 months as being the range, which I'll hear about, I am sure
4 in a moment or two, as I said, but whatever their
5 recommendation is, that's only a recommendation. They may have
6 calculated it exactly correctly, or it might be incorrectly
7 calculated for some reason that I'll later find out about.
8 Whatever the case may be, I'm going to independently do that
9 with the help of the Probation Department. And the sentencing
10 range that I calculate is the one I'm going to use. It might
11 be lower than this, it might be higher. I have no idea. That
12 will have to remain for later determination. Do you
13 understand, sir?
15 THE COURT: Any questions about any of these things
16 about sentencing?
17 THE DEFENDANT: No, sir.
18 THE COURT: This is all included in the things you've
19 discussed, I 1 m sure, with your attorney, right?
21 THE COURT: Your plea of guilty is a result of
22 discussions and negotiations and agreements between you and the
23 Government involving your attorney at least, perhaps involving
24 you as well. There's been no involvement of the Court,
25 however. There is no agreement with the Court. I have not

Case 2:16-cr-20732-RHC-R:,W ECF No. 119 filed 10/11/17 Pa~elD.647 Page 15 of 30
15
1 approved of this plea. I have not approved of any sentencing
2 parameters or sentencing results. Whatever arrangements you
3 have, they are strictly with the Government. And by, when I
4 say the Government, I mean the prosecution. Do you understand,
5 sir?
7 THE COURT: Mr. Gardey, would you summarize the
8 significant terms of the plea agreement, please, for the
9 record?
11 Mr. Freitas has agreed to plead guilty to the sole
12 count of the Third Superseding Information for a violation of
13 Section 371, a conspiracy to commit federal program bribery.
14 The parties are in agreement in recommending a
15 guideline range of 30 months, and the 30 months was arrived at
16 as follows:
17 The parties agree that under the sentencing guideline
18 range, the range is above 60 months. Sixty months is the
19 statutory maximum, and so under the guidelines, 60 months
20 becomes the guideline range. However, the parties also agree
21 to recommend a downward departure under Section 5K2.0 for a
22 downward departure to 30 months, and to make the range, the
23 recommended range 30 months.
24 These recommendations by the parties are not binding
25 on the Court. And neither of the parties can withdraw from the

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16
1 agreement if the Court finds a different guideline range should
2 apply, or if the Court sentences the defendant to a higher or a
3 lower sentence at the time of sentencing.
4 The Government has agreed that it will recommend to
5 the Court that the defendant be sentenced to no higher than 30
6 months. The Government has agreed it will not bring any
7 additional charges against the defendant based on the conduct
8 described in the Rule 11 plea agreement.
9 The defendant has agreed to waive any right to appeal
10 his conviction. And if the sentence imposed is no higher than
11 30 months, he has agreed to waive any right he has to appeal
12 his sentence. The Government has agreed to waive its right to
13 appeal if the defendant is sentenced to at least 30 months in
14 prison.
15 There is also in addition a separate agreement between
16 the parties, where the defendant has agreed to cooperate
17 truthfully and completely. He's also agreed to testify as
18 required. The Government has agreed to evaluate the nature and
19 the substance of his cooperation. And if that cooperation
20 reaches a level of substantial assistance, the Government has
21 agreed to bring a motion for a downward departure seeking a
22 sentence below the recommended guideline range.
23 Those are the material terms of the agreements between
24 the parties.
25 THE COURT: Mr. Garon, do you agree with the summary

Case 2:16-cr-20732-RHC-k.:,W ECF No. 119 filed 10/11/17 PagelD.649 Page 17 of 30
17
1 as stated?
2 MR. GARON: That's a correct recitation.
3 THE COURT: And the details are, of course, in the
4 written document, which you went over with your client,
5 answered questions, explained it to him and provided advice in
6 the ordinary course of representation, true?
7 MR. GARON: At length, yes.
8 THE COURT: At some length. And you had -- well,
9 that's the other question. Have you had ample time to do all
10 of that, right?
12 THE COURT: Do you agree with those things, Mr.
13 Freitas?
15 THE COURT: Your attorney explained these things to
16 you and answered your questions?
18 THE COURT: You had plenty of time to consider the
19 situation?
21 THE COURT: And you want to make this your agreement;
22 the terms and conditions, you want to embrace these terms and
23 conditions?
24 THE DEFENDANT: I do.
25 THE COURT: You do understand that the Government's

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18
1 recommendation is only a recommendation. I may not follow it.
2 And if I do not follow it, that's just a judicial determination
3 and has no significance as to whether you have entered a proper
4 plea or waived rights or anything of that sort. There is no
5 change with respect to any of those things if I refuse to
6 accept the Government's recommendation. Do you understand
7 that?
8 THE DEFENDANT: Understood.
9 THE COURT: No sentence can exceed the statutory
10 maximum, however, which is the 60 months. Do you understand
11 that as well?
13 THE COURT: All right. So I'm going to state this for
14 you in academic terms and see if you agree with it.
15 You must be then in a situation recognizing these
16 things where you are prepared to accept a 60-month sentence if
17 that is what ultimately emerges from all of this. You don't
18 want that to happen, but basically you understand that that
19 could happen, and you've waived your right to appeal and to
20 challenge these things. So if that happens, that's just part
21 of what was contemplated here, true?
23 THE COURT: Has anyone -- no. Before I ask that, the
24 Government has just outlined and it's in the Rule 11 agreement
25 as well in your papers that you have agreed to provide

:~
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19
1 assistance in the investigation or prosecution of people beyond
2 your just yourself. Beyond just truthfully admitting what you
3 did, you've agreed to provide assistance, which could include
4 testimony and it could include repeated testimony conceivably,
5 depending upon circumstances. You've agreed to cooperate in
6 that regard and to be straightforward and truthful, and you
7 hope to be substantially of assistance in legitimate
8 governmental investigation and prosecution efforts. Do I state
9 that correctly?
11 THE COURT: Yes? And you are hoping for a government
12 recommendation of a sentence in recognition of the truthful
13 assistance that you intend to provide, true?
15 THE COURT: And once again, similar to other kinds of
16 sentencing recommendations, ultimately if the Government does
17 come to recommend a more lenient or mitigated sentence, it will
18 be put on my desk, it will be for me to decide and that's my
19 decision alone. Although, I will, I will commit to this as I
20 am required to do, I will carefully consider the Government's
21 recommendation and give it substantial weight. Do you
22 understand those, the provisions that I've just suggested?
23 THE DEFENDANT: I understand.
24 THE COURT: Has anyone tried to force you or threaten
25 you to persuade you to plead guilty?

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20
2 THE COURT: Has anyone done anything you think is
3 improper, unethical, out of line or anything of that sort in
4 order to persuade you?
6 THE COURT: And the arrangements are as they have been
7 summarized here. I've heard, maybe not each and every tiny
8 detail about the arrangements, but the outline of the
9 arrangements I've heard, this is what's in your mind, what's
10 motivating you in the direction of a plea of guilty by
11 negotiation; is that correct?
13 THE COURT: So there's no other hidden deals, in other
14 words, nothing else under the table?
16 THE COURT: You're satisfied with your attorney and
17 his advice?
18 THE DEFENDANT: Yes, I am.
19 THE COURT: Do you think he has done what an attorney
20 ought to do in order to prepare you for this decision?
21 THE DEFENDANT: He has.
22 THE COURT: And let us re-confirm that this is your
23 decision?
24 THE DEFENDANT: Yes, it's my decision.
25 THE COURT: To the charge contained in the single

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21
1 count of the charge in the information, conspiracy to commit
2 federal program bribery, how do you plead, sir?
3 THE DEFENDANT: Guilty.
4 THE COURT: I need to go over with you what is
5 required in order to be guilty of this offense, and let's make
6 sure that the facts stack up.
7 In order for you to be guilty of conspiracy there are
8 two things that have to be true. First, there has to be a
9 conspiracy. Second, you have to be part of it. If those two
10 things are true, then you're a co-conspirator, you're guilty of
11 conspiracy aimed at the commission of the underlying offense
12 that's identified in the count.
13 In order for there to be a conspiracy, there has to be
14 an agreement between or among at least two people, or it could
15 be three or four or 100, but at least two people who wrongfully
16 come together and agree to at least try to commit a crime. If
17 they do that, then a conspiracy exists.
18 Then if that, if a conspiracy exists or is in the
19 process of being formed, it also has to be true that you were
20 part of it. In order to be part of the conspiracy, it's
21 necessary that you know what's going on; at least in general
22 terms, know that there is something illegal afoot or in the
23 making, and you, knowing that, have to agree to be a part of
24 it, voluntarily and knowingly and intentionally become a part
25 of the conspiracy with the intent that you move it along or

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22
1 move toward successful completion. Successful completion is
2 not necessary to prove a conspiracy, but the concept is that
3 it's moving forward toward a completion with your effort. And
4 if that's true, then you are a participant in the conspiracy.
5 The third thing that has to be true for, for a
6 conspiracy offense of this kind to exist beyond there being a
7 conspiracy and you being part of it, at least one of the
8 co-conspirators, during the term of the conspiracy, for the
9 purpose of moving the conspiracy forward, has to have done
10 something observable, something beyond mere conversation. It's
11 called an overt act. It doesn't have to be an illegal act, but
12 it has to be some act during the conspiracy that's designed to
13 further or to advance the conspiracy in some fashion.
14 Do you understand those things about conspiracy?
16 THE COURT: The conspiracy in this case was aimed at
17 federal program bribery, which consists of the following, if it
18 were to be proven as a completed offense:
19 You would have to have been an agent of a local
20 government.
21 You would have to have wrongfully agreed to accept
22 something of value, doing so with the intent to be influenced
23 in connection with a transaction with the local government of
24 which you were an agent.
25 The transaction must have involved something of value

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23
1 greater than 5,000 -- equal to or greater than $5,000.
2 And it finally must be true that the local entity, the
3 governmental entity of which you were an agent, must have
4 received more than $10,000, or perhaps equal to $10,000 but
5 greater than that in federal assistance in a one-year period
6 either before or after the time of the offense conduct.
7 You understand what's necessary to be true and so
8 forth?
10 THE COURT: The facts that would be necessary to prove
11 an underlying offense then, yes?
13 THE COURT: Are those adequately stated, as far as Mr.
14 Gardey is concerned for the Government?
16 THE COURT: And Mr. Garon, I correctly stated those?
18 THE COURT: All right. So you've proffered a plea of
19 guilty, Mr. Freitas. The factual basis that is included in the
20 Rule 11 agreement I am going to use as an outline to determine
21 that you acknowledge the truth of these things. You've already
22 signed off on it and acknowledged the truth in writing, but
23 let's go over it on the record as required.
24 In 2015, you were an elected trustee of Macomb
25 Township in Macomb County, correct?
UNITED STATES vs. FREITAS, 0-4 - 16-20732

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Case 2:16-cr-20732-RHC-k...,w ECF No. 119 filed 10/11/17 Pay~ID.656 Page 24 of 30
24
10 ·THE DEFENIJANT ;
11 ~}{:change .for your
12
13 ~thsl 6.ohdudt ;of' that
14 $tateroent, sir?
16 THE COURT: And that was facilitated by the fact that
17 you had an employment relationship with that contracting
18 company, correct?
20 THE COURT: In that position, you received pay from
21 time to time, legitimate pay for legitimate work, I presume in
22 some respect; is that true?
24 THE COURT: That's not in the factual statement but it
25 sounded like that. So your offer to help that company

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25
1 wrongfully with the Township was assisted by your position of
2 employment with the company, true?
4 exEJcuti ve .at the
5 :that ¢orrect? You approached him or he
6 JnfIµence in. conducting
10
11
12 :Jt~elJr Cciid, yol;l, 'have an agreement

13 <3rrtpJoyEJr ~wbu'.[d extend to you loans
14 t:
'.o. yol,ir eni:f:5~loyment th?'t
15 Tri e;xcharige· :for the
16 revel~tiori the. conti0ct?
17 THE' PEFENDAN'F: .Yef;f.
18 MR. GARON: Thank you.
19 THE COURT: So you received -- and when Mr. Garon used
20 the word "loans," he put a verbal emphasis on that which
21 sounded like quotation marks around the word "loan." They were
22 loans that were going to be understood as not to be paid back;
23 am I correct about that, Mr. Freitas? Did you understand that
24 such advances or loans were --

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26
3 THE .DEFl::;15JDANT t ..
4 ',['HE COUE.'T: The in$.ide inforrnc;i.tion .that you were
5 .J<.;in.d.: Qf. information? Wh.at
9 would be an: approp:tiate ioid,
10 THE CQQR'f: You ~rrE3w SQIDEolth:j.ng ab6ut., about how .the
11
12
13
14
15
16 .TBE GQQRT: And some t;he J5ids had J:)eEoln unsealed and
17
18
19
20
21
22 information givE3rf from: a 'who was on the
23
24 THE COURT: Or who might have had better specific
25 knowledge about the way the bids were coming in?

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27
2 THE COURT: Okay. So the bids had not been unsealed
3 publicly, but they, there was knowledge within the elected
4 officials apparently?
6 THE COURT: As to how the bidding was going?
7 THE DEFENDANT: Correct.
8 THE COURT: And that's 'the kind of information you
9 passed on to t1)¢ executive at your cqmpax:i:y?
10
11 its financial
12
13
14 THE COURT~. ,A.pd: acquired the. contract?
15 '1'HE PEFENDANT:. Yes.
16 they. knew. to be thE;;
17
18
19
20 THE' C:OtJRT:: Your factual basis says that the company
21 executive offered, and yob .·a¢:<;;eptea $7,500 for your
22 Is that a correct statement?
23
24 THE COURT: It was purported as a loan, but was
25 actually a bribe, true?

~
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Case 2:16-cr-20732-RHC-k0W ECF No. 119 filed 10/11/17 PayelD.660 Page 28 of 30
28
2 THE COURT: Is it also correct that in the calendar
3 year 2015, you acknowledge that Macomb Township had received in
4 excess of $10,000 in federal assistance?
5 MR. GARON: We would so stipulate, your Honor.
6 THE COURT: I mean, that's a fact that may not have
7 been within your personal you don't have to know that, but
8 it has to be a fact. You acknowledge that's a fact?
10 THE COURT: All right. Is that an adequate
11 acknowledgment of the factual basis for the plea at issue?
13 THE COURT: Mr. Gardey believes. Mr. Garon believes
14 so as well?
15 MR. GARON: I'm satisfied, your Honor.
16 THE COURT: And with respect to the Rule 11 colloquy,
17 the cautions and the explanations and so forth, is that all
18 adequate as far as you're concerned, Mr. Garon?
19 MR. GARON: It is.
20 THE COURT: I agree. And Mr. Freitas, your proposed
21 guilty plea is supported by the facts that you've acknowledged
22 here in my discussion with you and with Mr. Garon's help. You
23 know what you're doing. You're acting competently and
24 voluntarily in offering this plea, I believe.
UNITED STATES vs. FREITAS, 0-4 - 16-20732

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29
1 THE COURT: And I am prepared to accept it. And this
2 is the point at which i t becomes permanent. Are you sure you
3 want me to accept the plea as offered?
4 THE DEFENDANT: Yes, your Honor.
5 THE COURT: I accept the defendant's plea to the
6 single count of the Third Superseding Information, conspiracy
7 to commit federal program bribery. The defendant is adjudged
8 guilty of that offense. The plea agreement itself is taken
9 under advisement pending sentencing.
10 And we will set sentencing for October 5, 2017, 1:30
11 p.m. I think that's a Thursday, if I recollect from my case
12 manager, and that will be here. And bond will be continued,
13 assuming the Government concurs with that suggestion.
14 MR. GARDEY: Yes. Yes, your Honor.
15 MR. GARON: No objection.
16 THE COURT: And is there any other matter to come
17 before the Court, Mr. Gardey, for the Government?
18 MR. GARDEY: No, your Honor.
19 THE COURT: Anything else, Mr. Garon, for the
20 defendant?
21 MR. GARON: No, sir.
22 THE COURT: All right. That's all. Thank you.
23 THE CLERK: All rise. Please remain standing.
24 Court is in recess.
25 (Proceedings concluded, 2:16 p.m.)

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4 CERTIFICATE OF REPORTER
6 As a Federal Official Court Reporter for the United
7 States District Court, appointed pursuant to provisions
8 of Title 28, United States Code, Section 753, I do hereby
9 certify that the foregoing is a correct transcript of
10 the proceedings in the above-entitled cause on the date
11 hereinbefore set forth.
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14 Dated this 1st day of June, 2017.
15
16 s/ Christin E. Russell
Christin E. Russell
17 RMR, CRR, FCRR, CSR
Federal Official Court Reporter
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Cusumano v. Bucci, Complaint Quo Warranto, Macomb County Circuit Case No. 2018-3035-CZ. Filed Part 2 of 2.

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Cusumano v. Bucci, Complaint Quo Warranto, Macomb County Circuit Case No. 2018-3035-CZ. Filed Part 2 of 2.

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EXHIBIT B

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA,

vs. HON. ROBERT H. CLELAND

OFFENSE: 31 U.S.C. § 5324

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant

CHRISTOPHER SORRENTINO and the government agree as follows:

which charges him with structuring financial transactions to evade a reporting

requirement, in violation of 31 U.S.C. § 3524.

The following are the elements of the crime of structuring financial

transactions to evade a reporting requirement:

(1) The defendant conducted or attempted to conduct a financial transaction

that involved a domestic financial institution.

(2) At the time the defendant conducted or attempted to conduct a financial

transaction, the defendant knew of the domestic financial institution's obligation to

report currency transactions in excess of $10,000.

evade that reporting requirement.

C. Factual Basis for Guilty Plea

municipalities in southeast Michigan. In approximately August 2014, an elected

public official in Macomb Township, Michigan asked the defendant to prepare a

completed all of the work on the parking lot.

Works in Clinton Township, Michigan.

The Court will find sentencing factors by a preponderance of the evidence.

B. Agreed Guideline Range

There are no sentencing guideline disputes. Except as provided below, the

on the attached worksheets. If the Court finds:

1. That defendant's criminal history category is higher than reflected on

the attached worksheets, or

defendant made any false statement to or withheld information from

his probation officer; otherwise demonstrated. a lack of acceptance of

responsibility for his offense; or obstructed justice or committed any

recommendation. However, if the Court finds that defendant is a career offender, an

in the agreed range.

as necessary to the Court's determination regarding subsections 1) and 2), above.

so must consider the sentencing guideline range.

Pursuant to Rule ll(c)(l)(B), 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.

agreement concerning imprisonment described above in Paragraph 3A does not apply

4. Use of Withdrawn Guilty Plea

plea agreement, against him in any proceeding.

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

from this agreement if the Court decides not to follow them.

If the defendant's sentence of imprisonment is at least IO months, the government

waives any right it may have to appeal the defendant's sentence.

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

9. Parties to Plea Agreement

10. Scope of Plea Agreement

This agreement, which includes all documents that it explicitly incorporates, is

promises, representations, understandings and agreements between the parties

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

11. Acceptance of Agreement by Defendant

Dated: June 6, 2017

UNITED STATES OF AMERICA,

vs. HON. ROBERT H. CLELAND

OFFENSE: 18 U.S.C. § 371

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant

CLIFFORD FREITAS and the government agree as follows:

Information, which charges him with Conspiracy to Commit Federal Program