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GirosMex SA de CV

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maximum fine of $250,000. The offense also carries a mandatory special assessment of $400 anda term of probation of up to five (5) years.ELEMENTS7. The parties un<strong>de</strong>rstand and agree that to sustain the charge of operating an unlicensedmoney transmitting business, as alleged in the indictment, the United States must prove each of thefollowing propositions beyond a reasonable doubt:FirstSecondThirdthe <strong>de</strong>fendant knowingly operated a money transmitting business;the money transmitting business affect interstate and foreign commerce; andthe money transmitting business failed to comply with the money transmittingbusiness registration requirements specified by T. 31 U.S.C, § 5330 orregulations proscribed un<strong>de</strong>r that sectionSENTENCING PROVISIONS8. The parties agree to waive the time limits in Fed. R. Crim. P. 32 relating to thepresentence report, including that the presentence report be disclosed not less than 35 days before thesentencing hearing, in favor of a schedule for disclosure, and the filing of any objections, to beestablished by the court at the change of plea hearing.9. The parties acknowledge, un<strong>de</strong>rstand, and agree that any sentence imposed by the courtwill be pursuant to the Sentencing Reform Act, and that the court will give due regard to theSentencing Gui<strong>de</strong>lines when sentencing the <strong>de</strong>fendant.10. The parties acknowledge and agree that they have discussed all of the sentencinggui<strong>de</strong>lines provisions which they believe to be applicable to the offense to which the <strong>de</strong>fendant ispleading guilty. The <strong>de</strong>fendant, by its duly authorized representative, acknowledges and agrees thatits attorney in turn has discussed the applicable sentencing gui<strong>de</strong>lines provisions with the corporaterepresentative to the <strong>de</strong>fendant's satisfaction.3Case 2:08-cr-00062-RTR Filed 02/25/08 Page 3 of 17 Document 2

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