US vs Imran Anwar

U.S. Department of Justice Jessie K. Liu United States Attorney District of Columbia Judiciary Center555 Fourth St.. N.W.Washington, D.C. 20530 July 3,2018 Christopher J. Gowen Gowen Silva & Winograd 513 Capitol Court, NE, Suite Washington, DC 20002 Re: Dear Mr. Gowen: 100 United States v. Imran Awan Criminal Case No. l7-cr-l6l (TSC) This letter sets forth the full and complete plea offer to your client, Imran Awan (hereinafter referred to as "your client" or "defendant"), from the Office of the United States Attomey for the District of Columbia (hereinafter also referred to as "the Government" or "this Office"). This plea offer expires on July 3,2018. If your client accepts the terms and conditions of this offer, please have your client execute this document in the space provided below. Upon receipt of the executed document, this letter will become the Plea Agreement (hereinafter referred to as "this Agreement"). The terms of the offer are as follows: 1. Charges and Statutor"y Penalties Your client agrees to plead guilty to Count Three in the Indictment, charging your client with False Statement on Loan or Credit Application, in violation of l8 U.S.C. $ 1014. Your client understands that a violation of l8 U.S.C. $ 1014 carries a maximum sentence of 30 years of imprisonment; a fine of $1,000,000 or twice the pecuniary gain or loss of the offense, pursuant to 18 U.S.C. $ 3571(b)(3); a term of supervised release of not more than 5 years, pursuant to 18 U.S.C. $ 3583(b)(l); mandatory restitution under 18 U.S.C. $ 36634; and an obligation to pay any applicable interest or penalties on fines and restitution not timely made. In addition, your client agrees to pay a special assessment of $ 100 per felony conviction to the Clerk of the United States District Court for the District of Columbia. Your client also understands that, pursuant to l8 U.S.C. 5 3572 and $ 5E1.2 of the United States Sentencing

Commission, Guidelines Manual (2018) (hereinafter "Sentencing Guidelines," "Guidelines," or "IJ.S.S.G."), the Court may also impose a fine that is sufficient to pay the federal govemment the costs of any imprisonment, term of supervised release, and period of probation. Further, your client understands that, if your client has two or more convictions for a crime of violence or felony drug offense, your client may be subject to the substantially higher penalties provided for in the career-offender statutes and provisions of the Sentencing Guidelines. 2. Factual Stipulations Your client agrees that the attached "Statement of Offlense" fairly and accurately describes your client's actions and involvement in the offense to which your client is pleading guilty. Please have your client sign and return the Statement of Offense as a written proffer of evidence, along with this Agreement. 3. Additional Charees After the entry of your client's plea of guilty to the offense identified in paragraph 1 above, your client will not be charged with any non-violent criminal offense in violation of Federal or District of Columbia law which was committed within the District of Columbia by your client prior to the execution of this Agreement and about which this Office was made aware by your client prior to the execution of this Agreement, all of which is contained in the attached Statement of Offense. However, the United States expressly reserves its right to prosecute your client for any crime of violence, as defined in 18 U.S.C. $ l6 and./or 22D.C. Code $ 4501, if in fact your client committed or commits such a crime of violence prior to or after the execution of this Agreement. 4. Dismissal of Co-Defendant Hina Alvi As part of your client's guilty plea to the above offense, the Government will request that the Court dismiss all charges in the Indictment against co-defendant Hina Alvi at the time of sentencing. 5. Sentencins Guidelines Analvsis Your client understands that the sentence in this case will be determined by the Court, pursuant to the factors set forth in 18 U.S.C. $ 3553(a), including a consideration of the Sentencing Guidelines. Pursuant to Federal Rule of Criminal Procedure 11(cXlXB), and to assist the Court in determining the appropriate sentence, the parties agree to the following: A. Estimated Offense Level Under the Guidelines The parties agree that the following Sentencing Guidelines section applies: 7 Tota1 7 UoS,S.G.2((1) Base offense Lcvel ‚

Acceptance of Responsibility The Government agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G. $ 3E1.1, provided that your client clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through your client's allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. Nothing in this Agreement limits the right of the Govemment to seek denial of the adjustment for acceptance of responsibility, pursuant to U.S.S.G. $ 3E1.1, and/or imposition of an adjustment for obstruction ofjustice, pursuant to U.S.S.G. $ 3C1.1, regardless of any agreement set forth above, should your client move to withdraw your client's guilty plea after it is entered, or should it be determined by the Government that your client has either (a) engaged in conduct, unknown to the Government at the time of the signing of this Agreement, that constitutes obstruction ofjustice, or (b) engaged in additional criminal conduct after signing this Agreement. In accordance with the above, the Estimated Offense Level will be at least 5. B. Estimated Criminal History Category Based upon the information now available to this Office (including the representations by the defense), your client has no criminal convictions. Accordingly, yow client is estimated to have 0 criminal history points and your client's Criminal History Category is estimated to be I (the "Estimated Criminal History Category"). Your client acknowledges that after the pre-sentence investigation by the United States Probation Offrce, a different conclusion regarding your client's criminal convictions and/or criminal history points may be reached and your client's criminal history points may increase or decrease. C. Estimated Guidelines Range Based upon the Estimated Offense Level and the Estimated Criminal History Category set forth above, your client's estimated Sentencing Guidelines range is 0 months to 6 months (the "Estimated Guidelines Range"). In addition, the parties agree that, pursuant to U.S.S.G. $ 5E1.2, should the Court impose a fine, at Guidelines level 5, the estimated applicable fine range is $500 to $9,500. Your client reserves the right to ask the Court not to impose any applicable fine. The parties agree that, solely for the pufposes of calculating the applicable range under the Sentencing Guidelines, neither a downward nor upward departure from the Estimated Guidelines Range set forth above is warranted. The parties also agree that neither party will seek any offense-level calculation different from the Estimated Offense Level calculated above in subsection A. However, the parties are free to argue for a Criminal History Category different from that estimated above in subsection B. 3

Your client understands and acknowledges that the Estimated Guidelines Range calculated above is not binding on the Probation Office or the Court. Should the Court or Probation Office determine that a guidelines range different from the Estimated Guidelines Range is applicable, that will not be a basis for withdrawal or rescission of this Agreement by either party. Your client understands and acknowledges that the terms of this section apply only to conduct that occurred before the execution of this Agreement. Should your client commit any conduct after the execution of this Agreement that would form the basis for an increase in your client's base offense level or justiff an upward departure (examples of which include, but are not limited to, obstruction ofjustice, failure to appear for a court proceeding, criminal conduct while pending sentencing, and false statements to law enforcement agents, the probation offrcer, or the Court), the Government is free under this Agreement to seek an increase in the base offense level based on that post-agreement conduct. 6. Agreement as to Sentencing Allocution The parties further agree that a sentence within the Estimated Guidelines Range would constitute a reasonable sentence in light of all of the factors set forth in 18 U.S.C. $ 3553(a), should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. Nevertheless, your client reseryes the right to seek a sentence below the Estimated Guidelines Range based upon factors to be considered in imposing a sentence pursuant to 18 U.S.C. $ 3553(a). The Government agrees not to oppose a probation only sentence for your client. 7. Reservation of Allocution The Government and your client reserye the right to describe fully, both orally and in writing, to the sentencing judge, the nature and seriousness of your client's misconduct, including any misconduct not described in the charges to which your client is pleading guilty. The parties also reserve the right to inform the presentence report writer and the Court of any relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any matters not provided for in this Agreement. In the event that the Court considers any Sentencing Guidelines adjustments, departures, or calculations different from those agreed to and/or estimated in this Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing factors listed in 18 U.S.C. $ 3553(a), the parties reserve the right to answer any related inquiries from the Court and to allocute for a sentence within the Guidelines range, as ultimately determined by the Court, even if the Guidelines range ultimately determined by the Court is different from the Estimated Guidelines Range calculated herein. In addition, if in this Agreement the parties have agreed to recommend or refrain from recommending to the Court a particular resolution of any sentencing issue, the parties reserve the right to full allocution in any post-sentence litigation. The parties retain the full right of allocution in connection with any post-sentence motion which may be filed in this matter and/or any proceeding(s) before the Bureau of Prisons. In addition, your client acknowledges that the 4

Government is not obligated and does not intend to file any post-sentence downward departure motion in this case pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure. 8. Relevant Conduct for Purposes of Sentencing Allocution The Government agrees that, as part of its sentencing allocution, the relevant conduct for purposes of determining your client's sentence is the conduct described in the Statement of Offense. More specifically, the Govemment agrees that the public allegations that your client stole U.S. House of Representatives ("House") equipment and engaged in unauthorized or illegal conduct involving House computer systems do not form the basis of any conduct relevant to the determination of the sentence in this case. The Government conducted a thorough investigation of those allegations, including interviewing approximately 40 witnesses; taking custody of the House Democratic Caucus server, along with other computers, hard drives, and electronic devices; examining those devices, including inspecting their physical condition and analyzing log-in and usage data; reviewing electronic communications between pertinent House employees; consulting with the House Office of General Counsel and House information technology personnel to access and/or collect evidence; and questioning your client during numerous voluntary interviews. The Government has uncovered no evidence that your client violated federal law with respect to the House computer systems. Particularly, the Government has found no evidence that your client illegally removed House data from the House network or from House Members' offices, stole the House Democratic Caucus Server, stole or destroyed House information technology equipment, or improperly accessed or transferred govemment information, including clas sif,red or sensitive information. 9. Court Not Bound by this Asreement or the Sentencing Guidelines Your client understands that the sentence in this case will be imposed in accordance with 18 U.S.C. $ 3553(a), upon consideration of the Sentencing Guidelines. Your client further understands that the sentence to be imposed is a matter solely within the discretion of the Court. Your client acknowledges that the Court is not obligated to follow any recommendation of the Government at the time of sentencing. Your client understands that neither the Government's recommendation nor the Sentencing Guidelines are binding on the Court. Your client acknowledges that your client's entry of a guilty plea to the charged offense authorizes the Court to impose any sentence, up to and including the statutory maximum sentence, which may be greater than the applicable Guidelines range. The Govemment cannot, and does not, make any promise or representation as to what sentence your client will receive. Moreover, it is understood that your client will have no right to withdraw your client's plea of guilty should the Court impose a sentence that is outside the Guidelines range or if the Court does not follow the Government's sentencing recommendation. The Government and your client will be bound by this Agreement, regardless of the sentence imposed by the Court. Any effort by your client to withdraw the guilty plea because of the length of the sentence shall constitute a breach of this Agreement. 5

Conditions of Release Your client acknowledges that, although the Government will not seek a change in your client's release conditions pending sentencing, the final decision regarding your client's bond status or detention will be made by the Court at the time of your client's plea of guilty. The Governmentmay move to change your client's conditions of release, including requesting that your client be detained pending sentencing, if your client engages in funher criminal conduct prior to sentencing or if the Govemment obtains information that it did not possess at the time of your client's plea of guilty and that is relevant to whether your client is likely to flee or pose a danger to any person or the community. Your client also agrees that any violation of your client's release conditions or any misconduct by your client may result in the Govemment filing an ex pgrtlg motion with the Court requesting that a bench warrant be issued for your client's arrest and that your client be detained without bond while pending sentencing in your client's case. 11B Waivers A. Venue Your client waives any challenge to venue in the District of Columbia. Bo Statute of Lilllitations Your client agrees that, should the conviction following your client's plea of guilty pursuant to this Agreement be vacated for any reason, any prosecution, based on the conduct set forth in the attached Statement of Offense, that is not time-barred by the applicable statute of limitations on the date of the signing of this Agreement (including any counts that the Government has agreed not to prosecute or to dismiss at sentencing pursuant to this Agreement) may be commenced or reinstated against your client, notwithstanding the expiration of the statute of limitations between the signing of this Agreement and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to waive all defenses based on the statute of limitations with respect to any prosecution of conduct set forth in the attached Statement of Offense that is not time-barred on the date that this Agreement is signed. C. Trial Rights Your client understands that by pleading guilty in this case your client agrees to waive certain rights afforded by the Constitution of the United States and/or by statute or rule. Your client agrees to forego the right to any further discovery or disclosures of information not already provided at the time of the entry of your client's guilty plea. Your client also agrees to waive, among other rights, the right to plead not guilty, and the right to a jury trial. If there were a jury trial, your client would have the right to be represented by counsel, to confront and cross- examine witnesses against your client, to challenge the admissibility of evidence offered against your client, to compel witnesses to appear for the purpose of testifying and presenting other evidence on your client's behalf, and to choose whether to testify. If there were a jury trial and 10B

your client chose not to testitt at that trial,your clicnt would have the right to have thejllry instructcd that your clicnt's failllrc to tcstify could not bc held against your clicnt.Your client would mcr have thc rightto have thcjinstructed that your client is prcsllmcd irmocent until proven guilty,and that thc bllrden would bc on the United States to prove your client's guilt beyond a reasonable doubt. Ifyour client were found guilty aer a trial,your client would have thcght to appeal your clicnt's conviction. Your client understands thatthe Fifth Amendment to the Constitution ofthe Unitcd States protects yollr clicnt from thc use of self\incrilninating statements in a crilninal prosecution. By cntcring a plea of guilty,your client knowingly and voluntarily waives or gives up your client's right against self\incrillnination. Your client acknowledgcs discussing with you Rule ll(o ofthe Federal Rules of Criininal Procedllrc and Rule 410 ofthc Federal Rules ofEvidence,which ordinarlly liinit the admissibility of statements rnade by a defendant in thc course ofplea discussions or plea procccdings if a guilty plea is later withdrawn. Your client knowingly and voluntarily waives the rights that arise under these rules in the evcnt your client withdraws your client's guilty plca or withdraws from this Agreement acr slk_ung lt. Your clicnt also agrccs to waive all constitutional and statutory rights to a speedy sentcnce and understands that thc date for sentencing will be sct by the Court. Do Appeal Rights Yollr client agrees to waivc thc right to appeal thc conviction in this case on any basis, including but not limitcd to claim(S)that(1)thC Statute(S)tO WhiCh yollr client is pleading guilty is unconstitutional,and(2)thc adIInittcd conduct docs not fall within thc scopc ofthe statute(s). Your clicnt llnderstands that fcderal law,speciflcally 1 8 U,S.C.3742,affords dcfcndants the right to appeal their scntcnces in certain circllmstances. Yollr clicnt also agrees to walvc the right to appeal thc sentence in this casc,including but not lilnited to any tellll ofilnprisollment, flnc,forfciture,award ofrestitution,tellll or condition of supcrviscd releasc,authority ofthe Court to set conditions ofrelease,and the manner in which the scntencc was detellllined,except to the extent thc Court scntences yollr client abovc thc statutory rnaxillllulln or guidelincs range deterlnincd by thc Court. In agreeing to this waiver,your client is aware that your client's scntence has yet to be deterlnincd by the Court. Realizing the unccrtainty in estimating what sentence the Court ultimatcly will ilnposc,your client knowingly and willingly waivcs your client's right to appcal thc scntence,to thc cxtent notcd above,in exchange lor the concessions made by the Govcrlmentin this Agrcement. Notwithstanding the above agreement to waive thc right to appeal the conviction and sentencc,your client retains thc right to appeal on thc basis of ineffective assistance ofcounsel,but not to raise on appeal other issues rcgarding thc conviction or sentencc. EBCollateral Attack Your client also waives any right to challenge the cohviction entered or sentence imposed under this Agreement or otherwise attempt to modify or change the sentence or the manner in which it was determined in any collateral attack, including, but not limited to, a motion brought under 28 U.S.C. S 2255 or Federal Rule of Civil Procedure 60(b), except to the extent such a

motion is based on newly discovered evidence or on a claim that your client received ineffective assistance of counsel. Your client reserves the right to file a motion brought under 18 U.S.C. g 3582(c)(2), but agrees to waive the right to appeal the denial of such a motion. 12. Use of Self-Incriminatins Information The Government and your client agree, in accordance with U.S.S.G. $ 181.8, that the Government will be free to use against your client for any purpose at the sentencing in this case or in any related criminal or civil proceedingS, ffiy self-incriminating information provided by your client pursuant to this Agreement or during the course of debriefings conducted in anticipation of this Agreement, regardless of whether those debriefings were previously covered by an "off the record" agreement by the parties. 13. Restitution Your client understands that the Court has an obligation to determine whether, and in what amount, mandatory restitution applies in this case under 18 U.S.C. $ 3663A. The Government will not be requesting that the Court order restitution as part of its sentence. Payments of restitution shall be made to the Clerk of the Court. In order to facilitate the collection of financial obligations to be imposed in connection with this prosecution, your client agrees to disclose fully all assets in which your client has any interest or over which your client exercises control, directly or indirectly, including those held by a spouse, nominee or other third party. Your client agrees to submit a completed financial statement on a standard financial disclosure form which has been provided to you with this Agreement to the Financial Litigation Unit of the United States Attorney's Office, as it directs. If you do not receive the disclosure form, your client agrees to request one from usadc.ecfflu@usa.doj.gov. Your client will complete and electronically provide the standard financial disclosure form to usadc.ecfflu@usa.doj.gov 30 days prior to your client's sentencing. Your client agrees to be contacted by the Financial Litigation Unit of the United States Attorney's Office, through defense counsel, to complete a financial statement. Upon review, if there are any follow-up questions, your client agrees to cooperate with the Financial Litigation Unit. Your client promises that the financial statement and disclosures will be complete, accurate and truthfuI, and understands that any willful falsehood on the financial statement could be prosecuted as a separate crime punishable under 18 U.S.C. $ 1001, which carries an additional five years' incarceration and a fine. Your client expressly authorizes the United States Attorney's Office to obtain a credit report on yogr client in order to evaluate your client's ability to satisff any financial obligations imposed by the Court or agreed to herein. Your client understands and agrees that the restitution or fines imposed by the Court will be due and payable immediately and subject to immediate enforcement by the United States. If the Court imposes a schedule of payments, your client understands that the schedule of payments is merely a minimum schedule of payments and will not be the only method, nor a limitation on the methods, available to the United States to enforce the criminal judgment, including without

limitation by administrative offset. If your client is sentenced to a term of imprisonment by the Court, your client agrees to participate in the Bureau of Prisons' Inmate Financial Responsibility Program, regardless of whether the Court specifically imposes a schedule of payments. Your client certifies that your client has made no transfer of assets in contemplation of this prosecution for the purpose of evading or defeating financial obligations that are created by this Agreement and/or that may be imposed by the Court. In addition, your client promises to make no such transfers in the future until your client has fulfilled the financial obligations under this Agreement. 14. Breach of Agreement Your client understands and agrees that, if after entering this Agreement, your client fails specifically to perform or to fulfill completely each and every one of your client's obligations under this Agreement, or engages in any criminal activity prior to sentencing, your client will have breached this Agreement. In the event of such a breach: (a) the Government will be free from its obligations under this Agreement; (b) your client will not have the right to withdraw the guilty plea; (c) your client will be fully subject to criminal prosecution for any other crimes, including perjury and obstruction ofjustice; and (d) the Govemment will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client and any of the information or materials provided by your client, including such statements, information and materials provided pursuant to this Agreement or during the course of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not the debriefings were previously characterized as "off-the-record" debriefings, and including your client's statements made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Your client understands and agrees that the Government shall be required to prove a breach of this Agreement only by a preponderance of the evidence, except where such breach is based on a violation of federal, state, or local criminal law, which the Government need prove only by probable cause in order to establish a breach of this Agteement. Nothing in this Agreement shall be construed to permit your client to commit perjury, to make false statements or declarations, to obstruct justice, or to protect your client from prosecution for any crimes not included within this Agreement or committed by your client after the execution of this Agreement. Your client understands and agrees that the Govemment reserves the right to prosecute your client for any such offenses. Your client further understands that any perjury, false statements or declarations, or obstruction ofjustice relating to your client's obligations under this Agreement shall constitute a breach of this Agreement. In the event of such a breach, your client will not be allowed to withdraw your client's guilty plea. 15. Complete Agreement No agreements, promises, understandings, or representations have been made by the parties or their counsel other than those contained in writing herein, nor will any such agreements, promises, understandings, or representations be made unless committed to writing

and signed by your client, defense counsel, and an Assistant United States Attomey for the District of Columbia. Your client further understands that this Agreement is binding only upon the Criminal and Superior Court Divisions of the United States Attomey's Office for the District of Columbia. This Agreement does not bind the Civil Division of this Office or any other United States Attomey's Office, nor does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax, or administrative claim pending or that may be made against your client. If the foregoing terms and conditions are satisfactory, your client may so indicate by signing this Agreement and the Statement of Offense, and returning both to me no later than July 3, 201 8. Sinccrely yollrs, JESSIE K.LIU United States Attomey D.C.Bar No.472845 District of Columbia 555 4th Street,NW Washington,DC 20530 By: 10 Cooney

DEFENDANT'S ACCEPTANCE I have read every page of this Agreement and have discussed it with my attorney, Christopher J. Gowen. I fully understand this Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me nor am I under the influence of anything that could impede my ability to understand this Agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in this Agreement. I reaffirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in this Agreement. I am satisfied with the legal services provided by my attorney in connection with this Agreement and matters related to it. o^t", ') - j'lt Imran Awan Defendant ATTORNEY' S ACKNOWLEDGMENT I have read every page of this Agreement, reviewed this Agreement with my client, Imran Awan, and fully discussed the provisions of this Agreement with my client. These pages accurately and completely set forth the entire Agreement. I concur in my client's desire to plead guilty as set forth in this Agreement. Date: Zu3Em8 Christopher

https://www.justice.gov/usao-dc/press-release/file/1077546/download