1 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
2 | Defendant | Michael Cohen | Jerome Corsi | Paul Manafort | Richard Gates | Alexander van der Zwaan | Richard Pinedo | Michael Flynn | George Papadopoulos |
3 | Date | 11/29/18 | DRAFT | 9/13/18 | 2/23/18 | 2/24/18 | 2/2/18 | 11/30/17 | 10/5/17 |
4 | Court | SDNY | n/a | DC (+EDVA) | DC | DC | DC | DC | DC |
5 | Case No. | 18-cr-850 | n/a | 1:17-cr-00201-ABJ | 1:17-cr-00201-ABJ | 1:18-cr-00031-ABJ | 1:18-cr-00024-DLF | 1:17-cr-00232 | 1:17-cr-00182 |
6 | Section 1 - Charges and Statutory Penalties (Charges Pleaded) | False statements to Congress | False statements | Conspiracy against the United States (two counts); mistried counts in the Eastern District of Virginia | Conspiracy against the United States; False statements | False statements | Identity fraud | False statements | False statements |
7 | Statutes | 18 USC 1001 | 18 USC 1001 | 18 USC 371 + EDVA charges | 18 USC 371; 18 USC 1001 | 18 USC 1001 | 18 USC 1028 | 18 USC 1001 | 18 USC 1001 |
8 | Max Prison Sentence | 5 years | 5 years | 10 years (5 years per count) for DC charges | 10 years | 5 years | 15 years | 5 years | 5 years |
9 | Section 2 - Factual Statements in Statement of Offense | Standard, in Section 3, referencing Criminal Information rather than a separate statement of the offense | Standard, in Section 3 | Standard | Standard | Standard, in Section 3 - (see note below) | Standard | Standard | Standard |
10 | Statement of Offense - Crimes Included | False statements made to Congress in letter dated August 28, 2017 (and incorporated into testimony given in person on September 19, 2017) | False statements made in September 6, 2018 interview; implicitly false statements in subsequent interviews. | Conspiracy against the United States (18 USC 371); Tax and FBAR schemes (26 USC 7206 & 31 USC 5314 & 31 USC 5322); FARA scheme (22 USC 612 & 22 USC 618); Witness Tampering (18 USC 1512). | Conspiracy against the United States (18 USC 371); Tax and FBAR schemes (26 USC 7206 & 31 USC 5314 & 31 USC 5322); FARA scheme (22 USC 612 & 22 USC 618); False Statement (18 USC 1001). | False Statements made in November 3, 2017 interview (18 USC 1001) and deletion and withholding of evidence (unspecified statutes). NOTE: December 1, 2017 interview referenced in the plea agreement is not mentioned. | Identity Fraud by registering bank accounts using stolen identities (18 USC 1028); helping users to circumvent the identity and account verification processes of a large digital payments company (unspecified statutes); purchasing bank account numbers from an individual outside the US (unspecified statutes). | False statements made in January 24, 2017 interview (18 USC 1001); Filing false FARA registration statements on March 7, 2017 (unspecified statutes). | False statments made in January 27, 2017 interview (18 USC 1001); destruction of evidence by deleting facebook account (unspecified statutes). |
11 | Section 3 - Additional Charges | Non-standard, adds to Criminal Information other false statements made to congess or SCO in connection with conduct described in CI and obstruction charges in connection with that conduct. | Non-standard, adds to Statement of Offense other false statements in a given period and obstruction charges related to SOF | Non-standard, but same model as Gates, adds EDVA promise to dismiss (as well as DC) tied to sentencing or the end of his successful cooperation, whichever is later. Includes waivers of venue and speedy trial from Manafort. | Non-standard, not tied to statement of offense, changes from "no further prosecution" to "no additional criminal charges" | Non-standard, adds crimes outside statement of offense, included at Section 4 - (see note below) | Standard | Standard | Standard |
12 | Summary of Govt's Promise | No further prosecution for CI, "any other false statements" made to congress or SCO re CI, and "for obstructing, aiding or abetting in the obstruction of, or conspiring to obstruct or commit pejury before" congressional or grand jury investigations re CI. | No further prosecution for SOF, "any other false statements made" to SCO or grand jury "between September 6, 2018 and November 2, 2018," and obstruction charges in connection with Statement of Offense | No additional criminal charges for "his heretofore disclosed participation in criminal activity." Govt. to dismiss remaining charges in DC and EDVA indictments at sentencing or completion of "successful cooperation," whichever is later. | No additional criminal charges for "his heretofore disclosed participation in criminal activity." Govt. to dismiss additional charges in DC indictment at sentencing. SCO will move to dismiss the EDVA charges promptly. | No further prosecution by SCO for conduct described in Statement of the Offense, other false statements to SCO during two interviews (11/3/17 and 12/1/17), destruction or withholding of evidence, and FARA violations or other crimes committed in connection with the making or roll out of Tymoshenko report. | No further prosecution by SCO for conduct described in Statement of the Offense. | No further prosecution by SCO for conduct described in Statement of the Offense. | No further prosecution by SCO for conduct described in Statement of the Offense. |
13 | Verbatim | In consideration of your client's guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Criminal Information; for any other false statements made by him to the U.S. Congress or to this Office in connection with the conduct described in the Criminal Information; and for obstructing, aiding or abetting the obstruction of, or conspiring to obstruct or commit perjury before congressional or grand jury investigations in connection with the conduct described in the Criminal Information. | In consideration of your client’s guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of the Offense; for any other false statements made by him to this Office or to the grand jury between September 6, 2018 and November 2, 2018; and for obstructing, aiding or abetting in the obstruction of, or conspiring to obstruct or commit perjury before congressional or grand jury investigations in connection with the conduct described in the Statement of Offense. | In consideration of your client's guilty plea to the above offenses, and upon the completion of full cooperation as described herein and fulfillment of all the other obligations herein, no additional criminal charges will be brought against the defendant for his heretofore disclosed participation in criminal activity, including money laundering, false statements, personal and corporate tax and FBAR offenses, bank fraud, Foreign Agents Registration Act violations for his work in Ukraine, and obstruction of justice. In addition, subject to the terms of this Agreement, at the time of sentence or at the completion of his successful cooperation, whichever is later, the Government will move to dismiss the remaining counts of the Indictment in this matter and in the Eastern District of Virginia and your client waives venue as to such charges in the event he breaches this Agreement. Your client also waives all rights under the Speedy Trial act as to any outstanding charges." | "In consideration of your client's guilty plea to the above offenses, and upon the completion of full cooperation as described herein, no additional criminal charges will be brought against the defendant for his heretofore disclosed participation in criminal activity, including money laundering, false statements, personal and corporate tax and FBAR offenses, bank fraud, and obstruction of justice. In addition, subject to the terms of this Agreement, at the time of sentence, the Government will move to dismiss the remaining counts of the Indictment in this matter. In addition, the Office will move promptly to dismiss without prejudice the charges brought against your client in the Eastern District of Virginia and your client waives venue as to such charges in the event he breaches this Agreement." | "In consideration of your client's guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of the Offense, for any other false statements made by him to the Office on November 3 and December 1, 2017, any destruction, deletion, and withholding of documents and evidence in connection with requests by this Office or his law firm, and any violations of the Foreign Agent Registration Act or other law arising from the preparation and/or roll out of the Tymoshenko report for the Ukraine Ministry of Justice." | "In consideration of your client's guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of the Offense." | "In consideration of your client's guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of the Offense." | "In consideration of your client's guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of the Offense." |
14 | Section 4 - Sentencing Guidelines Analysis | Standard, Section 5 | Standard, Section 5 | Standard | Standard | Standard, Section 5 - (see note below) | Standard (added 1 level reduction for allowing govt to avoid trial prep) | Standard | Standard |
15 | Estimated Guidelines Prison Sentence | 0 to 6 months | 0 to 6 months | 210 to 262 months | 57 to 71 months | 0 to 6 months | 12 to 18 months | 0 to 6 months | 0 to 6 months |
16 | Estimated Guidelines Fine | $500 to $9,500 | $500 to $9,500 | $40,000 to $400,000 | $20,000 to $200,000 | $500 to $9,500 | $5,500 to $55,000 | $500 to $9,500 | $500 to $9,500 |
17 | Section 5 - Agreement as to Sentencing Allocution | Not included (?) | Non-standard, Section 6, adds that the govt will not oppose a request for a sentence of probation | Standard | Standard | Standard, Section 6 - (see note below) | Standard | Standard | Standard |
18 | Section 6 - Reservation of Allocution | Non-standard, at Section 7, adds paragraphs with a specific agreement by the government to "bring to the Court's attention at sentencing in this matter and [SDNY case] the nature and extent of the defendant's cooperation with" the Special Counsel, conditional on continuing to provide truthful information on matters govt deems relevant, and not to oppose transfer to SDNY judge for sentencing. The agreement to put off sentencing, included for all cooperators, Papadopoulos, and Corsi (in draft form), is missing. | Non-standard, at Section 7, includes a Papadopoulos-like agreement to "bring to the Court's attention at sentencing the defendant's efforts to cooperate with the Government" conditional on Corsi continuing to provide information regarding any and all matters the govt deems relevant | Same as Gates, omits two sentences reserving the right to full allocution in post-sentence settings; otherwise standard. | Standard, but two sentences are missing that appear in each other plea agreement (except Manafort's). Those sentences cover reserving the right to full allocution in post-sentence litigation or post-sentence motion or before the Bureau of Prisons | Standard, Section 7 - (see note below) | Standard | Standard | Standard, with an added paragraph -- "The government agrees to bring to the Court's attention at sentencing the defendant's efforts to cooperate with the Government, on the condition that your client continues to respond and provide information regarding any and all matters as to which the Government deems relevant. Your client also agrees that the sentencing in this case may be delayed until your client's efforts to cooperate have been completed, as determined by the Government, so that the court will have the benefit of all relevant information before a sentence is imposed." |
19 | Section 7 - Court Not Bound by this Agreement or the Sentencing Guidelines | Standard, Section 8 | Standard, Section 8 | Standard | Standard | Standard, Section 8 - (see note below) | Standard | Standard | Standard |
20 | Section 8 - Cooperation Section | NOT INCLUDED (but see cooperation discussion in section 7 above) | NOT INCLUDED (but see "efforts at cooperation" discussion in section 7 above) | Same model as Gates' plea agreement, with one exception. Manafort's cooperation section omits the requirement that Manafort "not reveal his cooperation, or any information derived therefrom, to any third party without" the Special Counsel's consent. | Different model from Pinedo and Flynn plea agreements. Gates's deal appears slightly more favorable in that the only event that can relieve the government of its obligations is Gates' commission of a crime, whereas in the others any refusal to cooperate has that effect. Gates also did not expressly have to provide a full accounting of his assets. | NOT INCLUDED | Standard | Standard | NOT INCLUDED (but see added paragraph about "efforts" in Section 6 above) |
21 | Section 9 - Waivers | Standard | Standard | Standard, Section 10 (see note below) | Standard, Section 10 (see note below) | Standard | Standard | Standard | Standard -- NOTE: Papadopoulous's plea agreement establishes the standard, and the amendment to the FOIA section worked out in front of the judge at his hearing, which is handwritten on Papadop's agreement, becomes part of the standard boilerplate text for each of the four later agreements. This shows the office is working from, and adapting, its own template. |
22 | Section 10 - Restitution (each agreement states mandatory restitution does not apply) | Standard | Standard | Standard, Section 11 (see note below) | Standard, Section 11 (see note below) | Standard | Standard | Standard | Standard (Note: Papadopoulous's agreement is misnumbered, so this appears as Section 11. There is no Section 10.) |
23 | Section 11 - Breach of Agreement | Standard | Standard | Same as Gates, with one exception: The burden of proof the Government must meet to prove a breach of the plea agreement is only "good faith." For Gates, it was preponderance of the evidence or, with respect to a violation of law, probable cause. Section 13 (see note below) | Non-standard first paragraph, includes more specificity re charges snapping back in the event of a breach. Standard second paragraph. First sentence of the third paragraph has been revised. Gates' version deletes the words in bold in the following quote (presumably as redundant). Standard version reads: "Nothing in this Agreement shall be construed to permit your client to permit 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." Section 12 (see note below) | Standard | Standard | Standard | Standard |
24 | Section 12 - Government's Obligations | NOT INCLUDED | NOT INCLUDED | NON-STANDARD included at Section 9 (same as Gates) | NON-STANDARD included at Section 9 | NOT INCLUDED | Standard | Standard | NOT INCLUDED (but see added paragraph about "efforts" in Section 6 above) |
25 | Section 13 - Complete Agreement | Non-standard -- references August 7, 2018 proffer agreement that was extended on six subsequent dates, the last November 20, 2018, also references side agreement with SDNY about cooperation | Non-standard -- references proffer agreement executed September 21, 2018 and continued on three subsequent dates, the latest November 2, 2018. | NON-STANDARD but same as Gates -- references a written proffer agreement dated September 11, 2018, which the plea agreement supersedes. | NON-STANDARD -- references a written proffer agreement dated January 29, 2018, which this plea agreement supersedes. | Non-standard -- ADDS a sentence "The proffer agreement is superseded as noted herein if the Agreement is breached." | Standard | Standard | Standard (Note: There is no reference to the proffer agreement that Papadopoulos signed according to the sentencing memorandum.) |
26 | Link | https://www.justice.gov/file/1115566/download | http://media1.s-nbcnews.com/i/today/z_creative/MUELLERDraftPleaAgreementCorsi11142018.pdf | https://www.documentcloud.org/documents/4883352-Manafort-Plea-Agreement.html | https://www.documentcloud.org/documents/4784784-Gates-Plea-Agreement-0.html | https://www.documentcloud.org/documents/4784783-Van-Der-Zwaan-Plea-Agreement.html | https://www.documentcloud.org/documents/4784782-2018-02-12-010-Pinedo-Plea-Agreement.html | https://www.documentcloud.org/documents/4784781-Flynn-Plea-Agreement.html | https://www.documentcloud.org/documents/4784780-Gp-Plea-Agreement-Filed.html |
27 | Deviations from form | Added Section 6, Agreement on 18 USC 3553(a) | Add Section 2 -- Agreement conditional on plea; | Government's obligations section appears at Section 9 rather than Section 12 and a new asset forfeiture section is added at Section 12 (scrambling the numbering). | Government's obligations section appears at Section 9 rather than Section 12 (scrambling the numbering somewhat). | Added Section 2 -- Agreement conditional on plea; Added Section 11 -- Immigration Consequences (VDZ not a citizen and he recognizes conviction makes deportation presumptively mandatory, agrees not to appeal on that basis) | Added Section 8 -- Conditions of Release. Express acknowledgment that government has the right to move that the court reevaluate Papadop's release before sentencing, including issuing a bench warrant for his arrest, if he engages in further criminal conduct or the government "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." |