Case 8:10-cr-00076-JSM-TGW Document 3 Filed 02/16/10 Page 1 ...

Case 8:10-cr-00076-JSM-TGW Document 3 Filed 02/16/10 Page 2 of 18
2. Maximum Penalties
Defendant understands and agrees that the statutory penalties applicable
to an organizational defendant for each felony count to which it is entering a plea of
guilty are a maximum fine of either Five Hundred Thousand Dollars ($500,000.00), or
twice the gross gain or loss resulting from the unlawful conduct, pursuant to 18 U.S.C. §
3571(c) and (d); a term of probation of five (5) years, pursuant to 18 U.S.C. §
3561 (c)(1 ); and a special assessment of Four Hundred Dollars ($400.00), pursuant to
18 U.S.C. § 3013(a)(2)(B). With respect to certain offenses, the Court shall order the
defendant to make restitution to any victim of the offense(s), and with respect to other
offenses, the Court may order the defendant to make restitution to any victim of the
offense(s), or to the community, as set forth below.
3. Elements of the Offense{s)
The defendant acknowledges understanding the nature and elements of
the offense(s) with which defendant has been charged and to which defendant is
pleading guilty. Under well-established principles of liability for business organizations
and respondeat superior, as these principles apply in this case, the defendant that is a
business organization is liable for the actions of its servants, agents and employees
acting within the scope of their employment and for the benefit of the business
organization.
The elements of Counts One and Three are:
First: The defendant knowingly made or caused to be made a
false statement, representation, or certification;
Defendant's Initials� 2