Leonard Francis Plea Agreement

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LAURA E. DUFFY
United States Attorney
MARK W. PLETCHER (CO BN 34615)
ROBERT S. HUIE (CA BN 237374)
Assistant U.S. Attorneys
880 Front Street, Room 6293
San Diego, California 92101-8893
Telephone: (619) 546-9714
[email protected]
[email protected]
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WILLIAM J. STELLMACH
Acting Chief, Fraud Section
CATHERINE VOTAW (DC BN 1012563)
Director, Procurement Fraud
BRIAN YOUNG (OH BN 0078395)
Trial Attorneys
Fraud Section
Criminal Division
U.S. Department of Justice
1400 New York Ave., N.W.
Washington, D.C. 20005
Telephone: (202) 353-0449
[email protected]
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Attorneys for the United States
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UNITED STATES OF AMERICA,
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case No.
\'Qc.ro:f-~1
tW"~~
v.
\1:CQ.lt :1:6 :t
LEONARD GLENN FRANCIS,
PLEA AGREEMENT
Defendant.
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IT IS HEREBY AGREED between the UNITED STATES OF

AMERICA, through its counsel, Laura E. Duffy, United
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States Attorney, Mark W. Pletcher and Robert S. Huie,

Assistant United States Attorneys, William J. Stellmach,
Acting Chief, Fraud Section, Catherine Votaw, Director,
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Procurement Fraud, and Brian Young, Trial Attorney, Fraud
Section, Criminal Division (collectively referred to as

"the United States"), and defendant LEONARD GLENN
3 FRANCIS, the President and Chief Executive Officer of

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Glenn Defense Marine (Asia) Pte. Ltd.
("GDMA"), with the
6 advice and consent of Ethan M. Posner, Esq., and Sara J.

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O'Connell, Esq., counsel for the defendant, as follows:
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THE PLEA
A.
The Charges
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The defendant agrees to plead guilty to a threecount Information charging the defendant with:
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Count 1 - Conspiracy To Commit Bribery
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Beginning in or about 2004, and continuing until

in or about September 2013, on the high seas and
outside of the jurisdiction of any particular
district,
FRANCIS,
GDMA,
GDMA employees,
and
others
(1)
knowingly and unlawfully combined,
conspired, and agreed with U.S. Navy officers and
employees and other federal employees, who were
public officials, to commit bribery, that 1s,
FRANCIS,
GDMA,
GDMA
employees,
these
public
officials, and others knowingly agreed that, in
return for these U.S. Navy officers and employees
and other federal employees being influenced in
the performance of official acts and being induced
to do and omit to do acts in violation of their
official and lawful duties, including providing to
FRANCIS and GDMA classified and other proprietary,
internal U.S. Navy information and using t~
Plea Agreement
Def. Initials
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positions and influence within the U.S. Navy and

other federal agencies or entities to benefit
FRANCIS and GDMA,
(a) FRANCIS, GDMA, and GMDA
employees
would,
directly
and
indirectly,
corruptly give, offer, and promise things of value
to the U.S. Navy officers and employees and other
federal employees; and (b) the U.S. Navy officers
and employees and other federal employees would
directly and indirectly, corruptly demand, seek,
receive, accept, and agree to receive and accept
these things of value, all in violation of Title
18, United States Code, Sections 201(b) (1) (A) and
(C), and 201(b) (2) (A) and (C); and (2) FRANCIS and
his co-conspirators took overt acts in furtherance
of this conspiracy and to effect its unlawful
objects, all in violation of Title 18, United
States Code, Section 371.
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Count 2 - Bribery
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Beginning in or about January 2011, and continuing

until in or about September 2013, on the high seas
and outside the jurisdiction of any particular
district, FRANCIS knowingly engaged in a course of
conduct whereby he directly and indirectly, corruptly
gave,
offered,
and
promised
things
of
value,
including cash, travel, entertainment expenses, the
services of prostitutes, and other things of value to
Naval
Criminal
Investigative
Service
("NCIS")
Supervisory Special Agent John Bertrand Beliveau,
Jr., a public official, with the intent to influence
Beliveau 1n the performance of official acts, as
opportunities arose, and with the intent to induce
Beliveau to do and omit to do acts in violation of
his lawful duties, as opportunities arose, including
providing
to
FRANCIS
law
enforcement
sensitive
information and advice and counsel about ongoing NCIS
criminal
investigations
into
the
activities
of
FRANCIS and GDMA, all in violation of Title 18,
United States Code, Section 201(b) (1) (A) and (C).
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Plea Agreement
Count 3 - Conspiracy To Defraud the United States
Beginning in or about July 2009, and continuing to

in or about September 2013, on the high seas and
outside
the
jurisdiction
of
any
particular
district,
FRANCIS
knowingly and
intentionally
combined, conspired, and agreed with GDMA, GDMA
employees, and others to defraud the United States
by obstructing the lawful functions of the United
States Department of the Navy through deceitful
and
dishonest
means,
namely,
by
submitting
fraudulently inflated claims for payment,
and
false and fraudulent documentation in support of
those claims for payment related to GDMA' s ship
husbanding contracts with the U.S.
Navy;
and
FRANCIS and his co - conspirators took overt acts in
furtherance of this conspiracy and to effect its
unlawful objects, all in violation of Title 18,
United States Code, Section 371.
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Defendant
further
allegations
of
the
Information and agrees
agreement
and
the
plea
consents
to
attached
the
forfeiture
that
Forfeiture
this
Addendum
shall govern forfeiture in this case.
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B.
Prosecution Of Additional Counts
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In
exchange
for
the
defendant's
agrees
not
to
guilty pleas,
the
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States
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initiate
or
prosecute
any
dditional criminal charges against the defendant relating

o
fraud
involving
U.S.
Navy
husbanding
contracts,
or
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u.s.
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ribery
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ederal employees,
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othing
of
1n
this
or
other
committed prior to September 17,
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Navy
officers
agreement
or
employees
shields
defendant
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Plea Agreement
Def. Initials _
_.;:.____
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rosecution for other crunes.
The United States
is also
to prosecute the defendant for perjury or the giving

material false statement to a
federal agent 1n the
vent that the defendant commits such an offense after the

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efendant
ornrnit
signs
this
plea
perJury or give a
agreement.
material
Should defendant
false
statement,
the
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nited States,
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rosecute
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side
the
this
at
its
sole discretion,
defendant
plea
for
that
agreement,
and/or
will be
offense,
be
free
to
move
to
set
relieved
of
its
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bligations under this agreement.
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c.
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This
Package Disposition -- GDMA

plea
agreement
is
part
of
"package"
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disposition.
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this
For the defendant to receive the benefits
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of
agreement,
GDMA must
plead guilty at
the
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time pursuant to a separately executed plea agreement.
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II.
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NATURE OF THE OFFENSES
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A.
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The offenses to which the defendant 1s pleading
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Elements Explained
guilty have the following elements:
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Plea Agreement
same
1.
There was an agreement between two or more
persons to commit bribery;
2.
The defendant became a member of the
6 conspiracy knowing of at least one of its objects and

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intending to help accomplish it; and
3.
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One of the members of the
consp~racy
performed at least one overt act in furtherance of the

conspiracy and to effect its unlawful objects.
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Count 2 -- Bribery
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1.
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The defendant gave/ offered/ and promised
things of value to a public official; and
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2.
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The defendant acted corruptly/ that is/ with
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the intent to influence an official act by the public
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official/ or with the intent to induce the public
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official to do or to omit to do an act in violation of

his lawful duty.
Count 3 - Conspiracy To Defraud the United States
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1.
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There was an agreement between two or more
persons to defraud the United States by obstructing the
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Plea Agreement
lawful functions of the United States Department of the

Navy through deceitful or dishonest means;
2.
The defendant became a member of the
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conspiracy knowing of at least one of its objects and

intending to help accomplish it; and
3.
One of the members of the conspiracy
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performed at least one overt act in furtherance of the

conspiracy and to effect its unlawful objects.
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Forfeiture
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The defendant understands that the Government would
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have to prove by a preponderance of the evidence that the
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property subject to forfeiture are property(ies) which
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constitute or are derived from proceeds traceable to the

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defendant's violations of 18 U.S.C. 371, conspiracy to
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commit bribery; 18 U.S.C. 201(b), bribery; and 18
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U.S.C. 371, conspiracy to defraud the United States.

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B.
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The defendant has fully discussed the facts of this
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Elements Understood And Admitted - Factual Basis
case with defense counsel.
The defendant has committed
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each of the elements of the charged crimes and admits
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that there is a factual basis for his guilty pleas.
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Plea Agreement
Def. Initials
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facts set forth in Attachment A (Stipulated Statement of

Facts) are true and undisputed.
III.
PENALTIES
The defendant understands that the crimes to which he
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pleading guilty carry the following penalties:
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A.
a maximum of 5 years in prison;
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B.
a maximum fine of $250,000, or twice the gross
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pecuniary gain or gross pecuniary loss from the
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offense, whichever is greater;
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c.
a mandatory special assessment of $100;
D.
a term of supervised release of three years; the
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defendant understands that failure to comply with
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any of the conditions of supervised release may
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result in revocation of supervised release,

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requiring the defendant to serve in prison all or
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part of the term of supervised release;
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E.
an order from the Court pursuant to 18
u.s.c.
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3663A that the defendant make mandatory
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restitution to the victim of the offense
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Plea Agreement
Def. Initials
of~
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conviction, 1n this case, the United States Navy.
The defendant understands that the Court shall
also order, if agreed to by the parties,
restitution to persons other than the victim of
the offense of conviction; and
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F.
forfeiture of any property, real or personal,
which constitutes or is derived from proceeds
traceable to the offense.
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Count 2 - Bribery
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A.
B.
a maximum fine of $250,000, twice the gross
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offense, or three times the monetary equivalent
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of the thing of value, whichever is greater;
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c.
D.
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result in revocation of supervised release,

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Plea Agreement
Def.
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E.
an order from the Court pursuant to 18 U.S.C.

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restitution to the victim of the offense of
conviction, 1n this case, the United States Navy.
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restitution to persons other than the victim(s)
of the offense of conviction; and
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F.
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Count 3 - Conspiracy To Defraud The United States
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A.
B.
a maximum fine of $250,000, or twice the gross
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offense, whichever is greater;
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c.
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D.
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result 1n revocation of supervised release,
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Plea Agreement
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E.
an order from the Court pursuant to 18 U.S.C.
restitution to the victim(s) of the offense of
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conviction, in this case, the United States Navy.
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restitution to persons other than the victim(s)
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of the offense of conviction; and
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F.
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IV.
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DEFENDANT'S WAIVER OF TRIAL RIGHTS
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The defendant understands that, by entering into this
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guilty plea agreement, he knowingly and voluntarily

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waives the right to:

A.
Continue to plead not guilty and require the

government to prove the elements of the crimes
beyond a reasonable doubt;
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B.
A speedy and public trial by jury;
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C.
The assistance of counsel at all stages
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D.
Confront and cross-examine
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Plea Agreement
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E.
Present evidence and have witnesses testify on

behalf of the defendant;
F.
Not testify or have any adverse inferences drawn

from the failure to testify;
G.
Assert any rights and defenses defendant may have

under the Excessive Fines Clause of the Eighth
Amendment to the United States Constitution to
the forfeiture of property in this proceeding or
any related civil or administrative forfeiture
proceeding; and
H.
Assert any legal, constitutional, statutory,

regulatory, and procedural rights and defenses
that he may have under any source of federal law,
including among others challenges to personal
jurisdiction, extra-territoriality, statute of
limitations, venue, and the form and substance of
the Information, including any claim of
multiplicity or duplicity.
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v.
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DEFENDANT ACKNOWLEDGES NO PRETRIAL RIGHT TO BE

PROVIDED WITH IMPEACHMENT AND AFFIRMATIVE DEFENSE
INFORMATION
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The United States represents that any information
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establishing the factual innocence of the defendant known
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to the undersigned prosecutors in this case has been
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turned over to the defendant.
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continue to provide any such information establishing the
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The United States will
factual innocence of the defendant.
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The defendant understands that if this case proceeded

to trial, the government would be required to provide
impeachment information relating to any informants or
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other witnesses.
In addition, if the defendant raised an
affirmative defense, the government would

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Plea Agreement
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provide information in its possession that supports such

a defense.
The defendant acknowledges, however, that by
pleading guilty he will not be provided this information,
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if any, and the defendant also waives the right to this

information. Finally, the defendant agrees not to attempt
to withdraw the guilty plea or to file a collateral
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attack based on the existence of this information.
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VI.
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DEFENDANTs REPRESENTATION THAT GUILTY

PLEA IS KNOWING AND VOLUNTARY
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The defendant represents that:
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A.
The defendant has had a full opportunity to
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discuss all the facts and circumstances of this case with
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defense counsel and has a clear understanding of the
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charges and the consequences of this plea.
The defendant
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understands that, by pleading guilty, he may be giving up

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and rendered ineligible to rece1ve valuable government
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benefits and civic rights, such as the right to vote, the
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right to possess a firearm,
the right to hold any office
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of honor, trust, or profit under the United States, and
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the right to serve on a jury.
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The defendant further
understands that the conviction in this case
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Plea Agreement
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him to various collateral consequences, including but not

limited to deportation, removal or other adverse
immigration consequences; revocation of probation,
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parole, or supervised release in another case; and

suspension or revocation of a professional license, none
of which will serve as grounds to withdraw the
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defendant's guilty plea.

B.
No
one has
made
any promises
rewards in return for this guilty plea,
or
offered
any
other than those
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contained in this agreement or otherwise disclosed to the
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Court;
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c.
No
one
has
threatened
the
defendant
or
the
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defendant's family to induce this guilty plea; and
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D.
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truth and
The
defendant
in
fact
~s
pleading
the defendant
is
guilty
guilty,
because
in
and
no
for
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other reason.
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E.
Package
acknowledges
his
Disposition.
understanding
Defendant
that
the
expressly
disposition
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contemplated by
this
agreement
is
part
of
"package"
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disposition
with
of
the
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United States under this agreement are conditioned o
he
GDMA,
whereby
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Plea Agreement
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the
obligations
performance
by
the
defendant
and
GDMA
of
their
obligations under their respective plea agreements.
VII.
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AGREEMENT LIMITED TO U.S. ATTORNEY'S OFFICE

SOUTHERN DISTRICT OF CALIFORNIA AND THE FRAUD SECTION,
CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE
This plea agreement is limited to the United States
Attorney's Office for the Southern District of California
and the Fraud Section, Criminal Division, U.S. Department
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of Justice, and cannot bind any other federal, state or
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local prosecuting, civil, administrative, or regulatory
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authority, although the United States will bring this
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plea agreement to the attention of any other authority if
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requested by the defendant.
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VIII.
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APPLICABILITY OF SENTENCING GUIDELINES
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The defendant understands that the sentence imposed
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will be based on the factors in 18 U.S.C. 3553(a).
The
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defendant understands that in imposing the sentence, the
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Court must consult the United States Sentencing
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Guidelines ("Guidelines") and take them i9to account.

The defendant has discussed the Guidelines
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Plea Agreement
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counsel and understands that the Guidelines are only

advisory, not mandatory, and the Court may impose a
sentence more severe or less severe than otherwise
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applicable under the Guidelines, up to the maximum in the

statutes of conviction.
The defendant understands
further that the sentence cannot be determined until a
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presentence report has been prepared by the U.S.

Probation Office and defense counsel and the United
States have had an opportunity to review and challenge
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the presentence report.
Nothing in this plea agreement
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shall be construed as limiting the duty of the United
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States to provide complete and accurate facts to the
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district court and the U.S. Probation Office.
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IX.
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SENTENCE IS WITHIN SOLE DISCRETION OF JUDGE
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This plea agreement is made pursuant to Federal Rule of
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Criminal Procedure ll(c) {1) (B).
The defendant
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understands that the sentence is within the sole
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discretion of the sentencing judge.
The United States
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has not made and will not make any representation as to
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what sentence the defendant will receive.
The d e f / j t
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Plea Agreement
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Def.
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understands that the sentencing judge may impose the

maximum sentence provided by statute, and is also aware
that any estimate of the probable sentence by defense
counsel is a prediction, not a promise, and is not

binding on the Court.
Likewise, the recommendation made
by the United States is not binding on the Court, and it
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is uncertain at this time what the defendant's sentence

will be.
The defendant also has been advised and
understands that if the sentencing judge does not follow
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any of the parties' sentencing recommendations, the

defendant nevertheless has no right to withdraw the plea.
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x.
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PARTIES' SENTENCING RECOMMENDATIONS
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A.
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Although the parties understand that the Guidelines
Sentencing Guideline Calculations
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are only advisory and just one of the factors that the
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Court will consider under 18 U.S.C. 3553(a) in imposing
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a sentence, the parties agree to jointly recommend the
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following Guideline calculation to the Court using the

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Guidelines, effective November 1, 2014.
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Plea Agreement
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The parties agree that, pursuant to USSG
3D1.2,
Counts One and Two described in this plea agreement

combine to form a single group (the "Bribery Group"), and
the Guideline calculation for the Bribery Group is:

Base Offense Level
[USSG 2C1.1(a) {2)]
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Special Offense Characteristics -
More than One Bribe

[USSG 2C1. 1 (b) ( 1) ]
+ 2
Value of Benefit Received (more

than $7,000,000 but less than $20,000,000)
[USSG 2C1.1(b) (2)and
2B1.1(b)(1)(K)]
+20
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Offense Involved Public Officials

In High-Level Decision-Making and
Sensitive Positions
[USSG 2C1. 1 (b) ( 3) ]
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Total (Bribery Group)
+ 4
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The parties further agree that pursuant to USSG 3D1.2,
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Count 3 forms a separate group (the "Fraud Group") and
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the Guideline calculation for the Fraud Group is:
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Base Offense Level

[USSG 2B1.1(a) (2)]
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Special Offense Characteristics -
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Loss in excess of $20,000,000

[USSG 2B1.1(b) (1) (L)]
+22
Substantial part of the scheme

committed overseas, and use of
sophisticated means
[USSG 2B1.1(b) (10) (B) and (C)]
+ 2
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Plea Agreement
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Organizer/Leader
(USSG 3Bl.l(a)]
+ 4
Obstruction of the Administration

of Justice
[USSG 3Cl.l]
+ 2
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Total (Fraud Group)
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The parties further agree that pursuant to USSG
3D1.4
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the combined offense level is determined as follows:
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Highest Offense Level Group

(Bribery Group]
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Addition of Fraud Group
+2
Total Combined Offense Level
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The parties further agree to the application of the

following Guideline provisions, subject to Paragraph X.B.
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Acceptance of Responsibility
[USSG 3El.l]
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-3
-1
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Combination of Circumstances
[USSG 5K2.0]
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Total Combined Adjusted Offense Level
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B.
Acceptance Of Responsibility
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Notwithstanding Paragraph X.A, the United States will

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not be obligated to recommend any adjustment for
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acceptance of responsibility if the defendant engages 1n
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Plea Agreement
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conduct inconsistent with acceptance of responsibility

including, but not limited to, the following:
1.
Failing to truthfully admit a complete
factual basis as stated in Attachment A to
this plea agreement at the time the plea 1s
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entered, or falsely denying or making a
statement inconsistent with, the factual
basis set forth in Attachment A;
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2.
Falsely denying prior criminal conduct or
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convictions;
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3.
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Being untruthful with the government, the

Court or the Probation Office;
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4.
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Materially breaching this plea agreement 1n

any way;
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5.
Contesting or assisting any third party 1n
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contesting the forfeiture of money,
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property, or assets, which the defendant has
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agreed to forfeit as set forth 1n the
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attached Forfeiture Addendum, or

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6.
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Concealing, transferring, encumbering or

otherwise making unavailable any asse~
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Plea Agreement
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Def. I n i t i a l s - - - - - -
assisting any person therewith, excluding
reasonable family expenses to be agreed upon
by the parties, and attorneys' fees and
costs, which would otherwise be available to
the United States through exercise of legal
processes, domestic or foreign,
including
but not limited to MLAT requests, writs of
execution, motions to substitute property,
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turnover orders, and writs of garnishment,
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to satisfy any financial obligation imposed
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by the Court including, but not limited to,
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the forfeiture judgment, money judgment, and
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restitution judgment.
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c.
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Further Adjustments and Sentence Reductions

Including Those Under 18 U.S.C. 3553
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The parties agree that defendant will not request or
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recommend additional downward adjustments and departures,
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including criminal history departures under USSG 4A1.3,

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pursuant to the United States Sentencing Guidelines.
The
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defendant may, however, request or recommend a sentencing
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variance pursuant to 18 U.S.C. 3553, and the United

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States may oppose any such request or

Plea Agreement
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recommendatio~
Def. Initials - - - - - -
D.
The parties have no agreement as to the defendant's
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3
No Agreement As To Criminal History Category
Criminal History Category.
E.
6
7
Factual Basis And Relevant Conduct Information
The parties agree that the facts in Attachment A are

true, and may be considered as "relevant conduct" under
8
9
10
11
USSG
1B1.3, and as the nature and circumstances of the
offense under 18 U.S.C.

F.
3553(a) (1).
Parties' Recommendations Regarding Custody
12
13
The parties agree that the United States will
14
recommend that the defendant be sentenced within the
15
advisory guideline range as calculated by the United
16
17
18
States pursuant to this agreement.
G.
19
Special Assessment/Fine/Restitution
1.
Special Assessment
20
The parties agree that defendant will pay a special

21
22 assessment in the amount of $100.00 per felony count of

23
24
conviction to be paid forthwith at time of sentencing,

for a total of $300.00.
The special assessment shall be
25
26
paid through the office of the Clerk of the District
27
28
Plea Agreement
22
1
2
Court by bank or cashier's check or money order made

payable to the "Clerk, United States District Court."
2.
Fine
The parties have no agreement as to a recommended
fine,
if any, the Court may order the defendant pay.
3.
Restitution
8
9
The defendant agrees to the entry of an order of
10
restitution in the full amount of the victim(s)' losses
11
as determined by the Court pursuant to 18 U.S.C. 3556,
12
3663A(c) (1) (A) (ii), and 3664(f) (1) (A).
As of the date of
13
14
the execution of this plea agreement, the parties agree
15
that the loss to the United States Navy occasioned by
16
defendant's criminal conduct was at least more than

17
18
$20,000,000.
The parties agree to jointly move that the
19
Court hold a restitution hearing and enter an order of
20
restitution within 15 months of the execution of this

21
22
agreement.
23
be ordered payable as directed by the Court.
24
The defendant agrees that restitution shall

The parties
agree that amounts paid prior to sentencing pursuant to
25
26
defendant's forfeiture obligations as set forth in the
27
attached and incorporated Forfeiture Addendum shall b
28
Plea Agreement
23
2
3
applied to offset any of defendant's restitution

obligation ordered by the Court.
Any remaining
restitution obligation must be paid, as directed by the
Court.
The parties will further recommend that the Court
order defendant's liability for restitution to be joint
8
9
and several with that of GDMA and that any amounts paid
10
by GDMA prior to sentencing pursuant to GDMA's forfeiture
11
obligations shall be applied to offset any of defendant's
12
13
restitution obligation ordered by the Court.
After the
14
application of any amounts paid by GDMA, any remaining
15
restitution obligation must be paid by the defendant, as
16
17
18
19
directed by the Court.

The United States retains its rights at all times
to take all actions and take all remedies available to
20
21
collect the full amount of the restitution.
The
22
defendant agrees that the restitution, restitution
23
judgment, payment provisions, and collection actions of
24
this plea agreement are intended to, and will, survive

25
26
the defendant, notwithstanding the abatement of any
27
underlying criminal conviction after the execution of
28
Plea Agreement
24
this agreement.
The defendant further agrees that any
restitution collected and/or distributed will survive
him, notwithstanding the abatement of any underlying
5
6
7
criminal conviction after execution of this agreement.

The restitution shall be paid through the Office of
the Clerk of the District Court by bank or cashier's
8
9
10
11
check or money order made payable to the "Clerk, United

States District Court."
The defendant agrees that he will provide to the
12
13
United States within 90 days of the signing of this plea
14
agreement, under penalty of perjury, a full and complete
15
financial disclosure listing all of the defendant's
16
17
assets and financial interests valued at more than
18
$5,000, including all assets and financial interests,
19
tangible and intangible, real and personal, in which the
20
defendant has an interest, direct or indirect, whether

21
22
held in the defendant's own name, in trusb, in
23
partnership, the name of GDMA, in the name of any other
24
business which defendant owned, operated, controlled or

25
26
in which he had an interest, direct or indirect, as of
27
28
Plea Agreement
25
1
2
the date of the execution of this plea agreement, or 1n

the name of any other person, real or fictitious.
The defendant also agrees to identify, to the best
4
5
of his ability, all assets valued at more than $5,000
6 which have been transferred to third parties since

7
January 1, 2013, including the location of the assets and
the identity of the third party(ies). The defendant
10
further understands that any false statements made in
11
connection with these financial disclosures shall
12
constitute a breach of this agreement.

13
14
The defendant agrees that, other than reasonable
15
family expenses to be agreed upon by the parties, and
16
attorneys' fees and costs, prior to the date of his

17
18
completion of his custodial sentence he will not, nor
19
assist any third person to, transfer, encumber, conceal
20
or make unavailable, any asset or financial interest,

21
22
tangible or intangible, real or personal, with a value
23
over $5,000 in which the defendant has an interest,
24
direct or indirect, whether held in the defendant's own
25
26
name, in trust, in partnership, in the name of GDMA, in
27
the name of any other business which defendant
28
Plea Agreement
26
operated, controlled or in which he had an interest,
2 direct or indirect, as of the date of the execution of

3
this plea agreement, or in the name of any other person,
4
5
6
7
real or fictitious, without the prior, express, written

consent of the United States.
The parties will jointly recommend that, as a
8
9
10
11
condition of probation or supervised release, the

defendant will notify the Collections Unit, United States
Attorney's Office, of any interest in property valued at
12
13
14
15
over $5,000 obtained, directly or indirectly, including

any interest obtained under any other name, or entity,
including a trust, partnership, business or corporation
16
17
after the execution of this plea agreement until any fine
18
and restitution obligations are paid in full and
19
dis charged .
20
21
The parties will also jointly recommend that as a
22
condition of probation or supervised release, the
23
defendant will notify the Collections Unit, United States
24
25
Attorney's Office, before the defendant transfers any
26
interest in property owned directly or indirectly by the
27
defendant, including any interest held or owned un/Jer y
28
Plea Agreement
27
Def. Initials..:::;.__ _ _ __
2
3
other name or entity, including trusts, partnerships,

businesses, and/or corporations, valued at more than
$5,000, excluding reasonable family expenses to be agreed
upon by the parties, and attorneys' fees and costs.
XI.
8
9
DEFENDANT WAIVES APPEAL AND COLLATERAL ATTACK

In exchange for the concessions made by the United
10
11
States in this plea agreement, the defendant knowingly
12
and voluntarily waives, to the full extent of the law,
any right to appeal or to collaterally attack the
14
15
conviction and any lawful restitution order, except a
16
post-conviction collateral attack based on a claim of
17
ineffective assistance of counsel.
The defendant also
18
19
knowingly and voluntarily waives, to the full extent of
20
the law, any right to appeal or to collaterally attack
21
his sentence, except a post-conviction collateral attack
22
23
based on a claim of ineffective assistance of counsel,
24
unless the Court imposes a custodial sentence above the
25
total statutory maximum for the offenses of conviction.
26
If the custodial sentence is greater than the total

27
28
statutory maximum, the defendant may appeal, but

Plea Agreement
28
t~
Def. Initials __:4=----_."\:----
United States will be free to support on appeal the
sentence actually imposed on any available grounds.
at any time the defendant files a notice of appeal,
If
4
5
appeals or collaterally attacks the conviction or
sentence in violation of this plea agreement, this
violation will be a material breach of this agreement.
XII.
BREACH OF THE PLEA AGREEMENT

10
11
12
13
The defendant acknowledges, understands and agrees

that if defendant violates or fails to perform any of
defendant's obligations under this agreement or the
14
15
16
attached Addenda, such violation or failure to perform

may constitute a material breach of this agreement.
17
18
19
20
The defendant acknowledges, understands and agrees

further that the following non-exhaustive list of conduct
by the defendant unquestionably constitutes a material
21
22
breach of this plea agreement:
23
1.
Failing to plead guilty pursuant to this
24
agreement,
25
26
2.
27
Failing to fully accept responsibility as

established in Section X.B,
28
Plea Agreement
29
1
2
3
3.
Failing to appear in court,
4.
Attempting to withdraw the plea,
5.
Failing to abide by any lawful court order
related to this case,
6.
6
7
Failing to make forfeiture payments as set

forth in the Forfeiture Addendum,
7.
Failing to make restitution payments as

ordered by the Court,
10
11
8.
Appealing or collaterally attacking the
12
sentence or conviction in violation of
13
Section XI of this plea agreement,
14
15
9.
Engaging 1n additional criminal conduct from
16
the time of arrest until the time of
17
sentencing,
18
19
10.
Providing false information or making
20
material false omissions to the United
21
22
States in any financial disclosure or
23
otherwise, or
24
11. Attempting to hide, hiding, or transferring,
25
26
encumbering, or otherwise making unavailable
27
for collection of the forfeiture and
28
Plea Agreement
30
. -
.
restitution judgments or from the Court, or
assisting any person in doing so, any asset,
real or personal, tangible or intangible,
which defendant owns or has an interest in,
directly or indirectly, whether 1n his name
6
7
or the name of any other person or entity.
8
9
10
11
In the event of the defendant's material breach of

this plea agreement, the defendant will not be able to
enforce any of its provisions, and the United States will
12
13
be relieved of all its obligations under this plea
14
agreement.
For example, the United States may pursue any
15
charges including those that were dismissed, promised to
16
17
be dismissed, or not filed as a result of this agreement.
18
The defendant agrees that any statute of limitations
19
relating to such charges is tolled as of the date of this
20
21
agreement.
The defendant also waives any double jeopardy
22
defense to such charges, in the event that charges are
23
brought following a breach of this agreement by the
24
defendant.
The United States may move to set aside the
25
26
defendant's guilty plea.
The defendant may not withdraw
27
28
Plea Agreement
31
#_____
Def. Initials _ _
. .
.
1
2
3
the guilty plea based on the government's pursuit of

remedies for the defendant's breach.
Additionally, the defendant agrees that in the event
6
7
of the defendant's material breach of this plea

agreement:
(i) any statements made by the defendant,
under oath, at the change of plea hearing (before either
8
9
10
11
a Magistrate Judge or a District Judge);
(ii) the
stipulated factual basis contained in Attachment A; and

(iii) any evidence derived from such statements, are
12
13
admissible against the defendant in any prosecution of or
14
action against the defendant.
This includes the
15
prosecution of the charges that are the subject of this
16
17
plea agreement or any charges that the United States
18
agreed to dismiss or not file as part of this agreement,
but later pursues because of a material breach by the
20
21
defendant.
Additionally, the defendant knowingly and
22
voluntarily waives any argument under the United States
23
Constitution, any statute, Rule 410 of the Federal Rules
24
of Evidence, Rule ll(f) of the Federal Rules of Criminal

25
26
Procedure, and/or any other federal rule, that the
27
28
Plea Agreement
32
'
statements or any evidence derived from any statements

should be suppressed or are inadmissible.
3
4
XJ:J:J:.
ENTJ:RE AGREEMENT
6
7
This plea agreement,
with its addenda,
embodies the
8
9
10
entire agreement between the parties and supersedes any

other agreement, written or oral.
11
XJ:V.
12
MODJ:FJ:CATJ:ON OF AGREEMENT MUST BE :IN WRJ:TJ:NG

13
14
No modification of this plea agreement shall be
15
effective unless in writing signed by all parties.

16
17
XV.
18
DEFENDANT AND COUNSEL FULLY UNDERSTAND AGREEMENT
19
20
21
22
By signing this agreement, the defendant certifies

that the defendant has read it (or that it has been read
to him in defendant's native language).
The defendant
23
24
25
has discussed the terms of this agreement with defense

counsel and fully understands its meaning and effect.
26
27
28
Plea Agreement
33
XVI.
DEFENDANT SATISFIED WITH COUNSEL
3
4
The defendant has consulted with counsel and 1s
5 satisfied with counsel's representation.
This is the
6 defendant's independent opinion, and his counsel did not

7
8
advise him about what to say in this regard.
LAURA E. DUFFY
10
11
12
DATED
MARK W. PLETCHER
ROBERT S. HUIE
13
14
cW~!Mvp
15
16
17
CATHERiilE VOrlAW
Director, Procurement Fraud
BRIAN YOUNG
Trial At
Fraud
DATED
18
19
20
21
DATED
M. POSNER, ESQ.
SARA J. O'CONNELL, ESQ.
Covington & Burling LLP
Counsel for Defendant
t- s,t~
22
23
IN ADDITION TO THE FOREGOING PROVISIONS, WHICH I

UNDERSTAND AND TO WHICH I AGREE, I SWEAR UNDER PENALTY OF
PERJURY THAT THE FACTS IN THE "FACTUAL BASIS n SECTION
2 5 ABOVE, AND ATTACHED STATEMENT OF FACTS, ARE TRUE.
24
26
27
DATED
1-f-J t'
~GLENN~
Defendant
28
Plea Agreement
34
Def. Initials
ATTACHMENT A
STIPULATED STATEMENT OF FACTS
The United States and defendant Leonard Glenn Francis
hereby stipulate to the following statement of facts.
These facts are true and correct, and provide a
sufficient factual basis to support the entry of the
guilty pleas in this case.
BACKGROUND
1. The U.S. Navy is a branch of the U.S. Department

of Defense, whose mission is to maintain, train, and
equip combat-ready naval forces capable of winning
wars, deterring aggression, and maintaining freedom of
the seas. The U.S. Navy's 7th Fleet is its largest
numbered fleet, with 60-70 ships, 200-300 aircraft and
approximately 40,000 Sailors and Marines. The 7th Fleet
is responsible for U.S. Navy ships and subordinate
Commands which operate in the Western Pacific Ocean
throughout Southeast Asia, Pacific Islands, Australia,
and Russia as well as the Indian Ocean territories, as
well ships and personnel from other U.S. Navy Fleets
that enter the 7th Fleet's area of responsibility. The
USS Blue Ridge is the command and control ship of the
7th Fleet and houses at-sea facilities for 7th Fleet
senior officials. The U.S. Navy Military Sealift
Command ("MSC"} is responsible for the large scale,
bulk replenishment of supplies, fuel, munitions, and;j]
1
Def.
initials~
other required items to u.s. Navy vessels while they

are at sea or at port in locations abroad. Elements of
the MSC directly replenish u.s. Navy ships that are
underway at sea, enabling those ships to deploy for
long periods of time without having to come to port.
The MSC ships are made up of a core fleet of ships
owned by the U.S. Navy and other transport ships under
long term contracts to the U.S. Navy. The MSC has five
geographic area commands including MSC Far East, based
out of Singapore, which operates in the 7th Fleet area
of responsibility.
2. The U.S. Naval Supply Systems Command ("NAVSUP")
is a command within the U.S. Navy responsible for the
global supply and delivery of goods and services to
u.S. Navy personnel and warfighting assets. The U.s.
Navy Fleet Logistics Centers ("FLCs") are subordinate
commands of NAVSUP. The FLCs are located in various
domestic and foreign locations and provide logistics
support for naval installations and vessels operating
in their areas of responsibility. NAVSUP FLC commands
are responsible for soliciting, awarding, and
overseeing contracts for goods and services, including
contracts for ship husbanding. NAVSUP FLC in Yokosuka,
Japan ("FLC Yokosuka") directly supports naval
installations and vessels operating in Japan, Hong
Kong, and Russia. FLC Yokosuka also oversees the
2
Def. initials
operations of an FLC detachment in Singapore ("FLC

Singapore"), which directly supports naval
installations and vessels in Singapore, Indonesia, the
Philippines, Thailand, Cambodia, Vietnam, Australia,
and elsewhere.
THE DEFENDANTS: GDMA AND LEONARD GLENN FRANCIS
3. Defendant GLENN DEFENSE MARINE ASIA PTE. LTD.

("GDMA") is a multi-national corporation with
headquarters in Singapore and operating locations in
other countries, including Japan, Singapore, Thailand,
Malaysia, Korea, India, Hong Kong, Indonesia,
Australia, Philippines, Sri Lanka, and the United
States. GDMA is owned and controlled by defendant
LEONARD GLENN FRANCIS, who is the Group Executive
Chairman and President, and who oversees the daily
business and operations of the company. FRANCIS was
assisted by a core management team, consisting of
persons identified here by initials: HP, Vice President
Worldwide Contracts; NP, Vice President Global
Operations; AW, General Manager Global Government
Contracts; LR, General Manager, Singapore, Australia
and Pacific Islands; EA, Japan Country Manager; and PS,
Country Manager for Thailand, Cambodia, and Vietnam.
4. Defendant FRANCIS is a Malaysian citizen,
residing in Singapore.
3
Def. initials
5. GDMA is a commercial and government contractor

whose main business involves the "husbanding" of marine
vessels, and as such, GDMA is known as a "husbanding
service provider" ("HSP"). "Husbanding" involves the
coordinating, scheduling, and direct and indirect
procurement of items and services required by ships and
submarines when they arrive at port. Examples of items
and services required by ships and submarines when in
port include tugboats, fenders, port authority/custom
fees, security, provisions (food), fuel, water, trash
removal, collection, holding and transfer of liquid
waste ("CHT"), transportation, and many others.
6. GDMA has been husbanding vessels for the U.S.
Navy for over 25 years under contracts and purchase
orders issued by the U.S. Navy Supply Command
("NAVSUP") and its predecessor organization. Between
2006 and 2013, NAVSUP awarded GDMA multiple contracts
to provide husbanding services to U.S. ships and
submarines at ports throughout Singapore, Japan,
Philippine Islands, Malaysia, Pacific Island, South
Asia and Islands in the Indian Ocean, and in
particular, in June 2011, NAVSUP awarded GDMA three
regional contracts to provide husbanding services to
U.S. Navy ships and submarines at ports throughout
De f.
~ initials fJ_
Southeast Asia (Region 2), Australia and Pacific Isles

(Region 3), and East Asia (Region 4).
COUNT ONE - CONSPIRACY TO COMMIT BRIBERY
7. From in or about 2004 through in or about

September 2013, on the high seas and outside the
jurisdiction of any particular district, defendant
GDMA, defendant LEONARD GLENN FRANCIS, other GDMA
employees, and various U.S. Navy officers and employees
and other federal employees, all public officials, and
others known and unknown (1) knowingly and unlawfully
combined, conspired, and agreed to commit bribery, that
is, GDMA, FRANCIS, and their co-conspirators knowingly
agreed that, in return for their public official coconspirators being influenced in the performance of
official acts and being induced to do and omit to do
acts in violation of their official and lawful duties,
all as opportunities arose,
(a) GDMA, FRANCIS, and
other GDMA employees would directly and indirectly,

corruptly give, offer, and promise things of value to
their public official co-conspirators, including cash,
gifts, travel expenses, entertainment, and the services
of prostitutes, and {b) their public official coconspirators would directly and indirectly, corruptly
demand, seek, receive, accept, and agree to receive and
accept these things of value; and (2) GDMA, FRANCIS,
Oef. ini tialsf)_
and their co-conspirators took overt acts in

furtherance of this conspiracy.
8. As part of this conspiracy, GDMA, FRANCIS, other
GDMA employees regularly sought and their public
official co-conspirators provided classified
information about the U.S. Navy's scheduling of ship
and submarine port visits in the 7th Fleet's area of
responsibility. Classified ship schedules could not be
lawfully released by U.S. Navy officials to GDMA,
Francis, or other GDMA employees.
9. Armed with this classified information about
ship and submarine port visits, GDMA, FRANCIS, and
other GDMA employees sought to influence their public
official co-conspirators in the scheduling and
selection of U.S. Navy port visits, particularly for
the strategically important and lucrative aircraft
carriers, away from certain low revenue ports, such as
Singapore, and into "fat revenue GDMA ports" such as
"Phuket, [Laem Chabang, Thailand], [Port Klang,
Malaysia] PKCC, and now Kota Kinabalu".
10. As part of this conspiracy, GDMA, FRANCIS, and
other GDMA employees regularly sought and received from
their public official co-conspirators other internal,
proprietary U.S. Navy information, including
6
Def.
initials~
information about competitors' pricing and performance,

information about competitors' bids for U.S. Navy
contracts, information about the U.S. Navy's internal
deliberations about ship husbanding issues generally,
about GDMA's performance and potential billing
improprieties specifically, and information about NCIS
and U.S. Navy investigations into GDMA's practices.
11. As part of this conspiracy, GDMA and FRANCIS
regularly sought and received from their public
official co-conspirators favorable evaluations and
recommendations to others within the U.S. Navy.
12. As part of this conspiracy, GDMA, FRANCIS, and
other GDMA employees regularly sought and received from
their public official co-conspirators the exercise of
the public official co-conspirators' position and
influence within the U.S. Navy or the federal
government to benefit GDMA, as opportunities arose,
including: by the award of U.S. Navy contracts to GDMA,
by the scheduling and movement of U.S. Navy ships to
various ports favored by GDMA; and by the advocating
for and advancing GDMA's interests with the U.S. Navy
with respect to various ship husbanding
issues~
13. In return for the performance of these official

acts and in return for these public official co7
Def. initials _______
conspirators being induced to do and omit to do acts in

violation of their lawful duties, GDMA and FRANCIS
would give, offer, and promise public official coconspirators various things of value, including cash,
gifts, travel expenses, entertainment, and the services
of prostitutes.
14. The public official co-conspirators occupied

high-level, decision-making and sensitive positions.
Their actions of providing classified U.S. Navy ship
schedules, and other proprietary, internal U.S. Navy
information to GDMA and FRANCIS and using their
positions and influence within the U.S. Navy to benefit
GDMA and FRANCIS, as opportunities arose, violated the
lawful duties of these public official co-conspirators.
15. By way of representative examples of aspects of

the conspiracy described in Count One, and without
limitation, GDMA, FRANCIS, and other GDMA employees
engaged in corrupt relationships with the following
U.S. Navy officers and employees, among others:
A. CAPTA:IN-SELECT M:ICHAEL VANNAK KHEM M:IS:IEW:ICZ
16. From in or about December 2012 until in or

about September 2013, defendant MICHAEL VANNAK KHEM
MISIEWICZ was a Captain-select in the U.S. Navy
stationed in Colorado Springs, Colorado. From in or~
8
Def.
initials~
about January 2011 to in or about December 2012,

MISIEWICZ served as the Deputy Director of Operations
for the Commander of the 7th Fleet aboard the USS Blue
Ridge, home-ported in Yokosuka, Japan. From in or about
June 2009 to in or about January 2011, MISIEWICZ served
at the rank of Commander as the Commanding Officer for
the USS Mustin, a forward-deployed Destroyer class
vessel in the U.S. Navy's 7th Fleet, home-ported in
Yokosuka, Japan.
17. As early as June 2010, while in command of the
USS Mustin, Misiewicz first met GDMA representatives.
18. As a non-exhaustive sample of this particular
aspect of the conspiracy, on or about the dates set
forth in Column "A," MISIEWICZ, a public official,
directly and indirectly, corruptly demanded, sought
received, accepted, and agreed to receive and accept
from GDMA and FRANCIS the things of value or performed
the official acts, as set forth in Column "B," in
return for being influenced in the performance of
official acts and in return for being induced to do or
omit to do things in violation of his official duties,
as opportunities arose, including providing classified
and other internal, proprietary U.S. Navy information
to FRANCIS and GDMA on dozens of occasions, and using
his position and influence within the U.S. Navy to
9
Def.
initials~
benefit GDMA and FRANCIS by influencing the scheduling

and movement of U.S. Navy ships to various ports
favored by GDMA and by advocating for and advancing
GDMA's interests with the U.S. Navy with respect to
various other ship husbanding issues.
"A" - DATE
"B" - QUID or QUO
Feb. 14, 2011
Hotel expenses in Manila
June 24, 2011
Travel expenses for travel

to Kuala Lumpur, Malaysia
and Cambodia and
approximately $1500 cash.
Aug. 27, 2011
Misiewicz emailed FRANCIS

advising that the USS John
C. Stennis was adding a day
to its port visit to Port
Klang, Malaysia, and
stating: "See, you ask -- I
deliver! LoL!".
Nov. 25, 2011
Travel expenses for

Misiewicz's travel from
Japan to Cambodia and
Singapore, and for his
mother from Texas to
Cambodia and back.
Dec. 2011 - June 2012
Misiewicz provided
classified ship schedules /1
10
Def. init i a l s
ILl
_/
to FRANCIS on at least a
half dozen occasions
Apr. 27, 2012
Travel expenses for

Misiewicz's brother to
travel from the U.S. to
Cambodia and back.
May 17, 2012
Hotel expenses at a luxury

hotel in Singapore
July 2, 2012
Travel expenses for

Misiewicz and three family
members to travel from
Japan to Cambodia,
Singapore, and Malaysia.
Sept. 5, 2012
Hotel expenses at a luxury

hotel in Singapore.
Nov. 19, 2012
Travel expenses for

Misiewicz's travel from
Japan to Malaysia,
Cambodia, Singapore, and
back to Japan.
B. COMMANDER JOSE LUIS SANCHEZ
19. From in or about April 2013 until in or about

September 2013, Jose Luis SANCHEZ was a Commander in
the U.S. Navy stationed at United States Central
Command in Tampa, Florida. From in or about May 2012
until in or about April 2013, SANCHEZ served as the ~
11
Def. initials
Executive Officer for the Commanding Officer of FLC

Yokosuka. From in or about July 2010 until in or about
May 2012, SANCHEZ was the Director of Operations for
FLC Yokosuka. From in or about May 2008 to in or about
July 2010, SANCHEZ was the Deputy Logistics Officer for
the Commander of the 7th Fleet in Yokosuka, Japan.
20. As early as May 2008, when he was posted to
Yokosuka, Japan, SANCHEZ first met GDMA
representatives.
aspect of the conspiracy, on or about the dates set
forth in Column "A," SANCHEZ, a public official,
directly and indirectly, corruptly demanded, sought,
from GDMA and FRANCIS the things of value or performed
the official acts, as set forth in Column "B," in
omit to do things in violation of his official duties,
as opportunities arose, including providing classified
and other internal, proprietary U.S. Navy information
to FRANCIS and GDMA on dozens of occasions, and using
his position and influence within the
u.s. Navy to
benefit GDMA and FRANCIS by influencing the purchase of

various ship husbanding services from GDMA, and by
12
Def. initials
V_j~-
otherwise advocating for and advancing GDMA's interests

with the U.S. Navy with respect to various other ship
husbanding issues.
"A" - DATE
May 27, 2011
"B" - QUID or QUO

A stay at a luxury hotel ln
Hong Kong and various sums
of money.
July 23, 2011
A stay at a luxury hotel in

Singapore and the servlces
of prostitutes.
May 14, 2012

Singapore.
July 12, 2012
Travel expenses for SANCHEZ

and his daughter from Japan
to Texas and back to Japan.
Oct. 24, 2012

Tokyo.
I
Jan. 4, 2013

Tokyo.
I
I
13
Def. initials
fi)
C. CAPTAIN
~EL
DUSEK
22. From on or about January 11, 2009 to on or

about February 24, 2011, DUSEK was a Commander in the
United States Navy serving as the Deputy Director of
Operations for the 7th Fleet, aboard the USS Blue
Ridge, the flagship for the 7th Fleet. In this
position, DUSEK had input into the movement and
schedule of port visits for all the ships in the 7th
Fleet as well as ships from other Fleets transiting
through the 7th Fleet's area of responsibility. After
being succeeded by MISIEWICZ as Deputy Director of
Operations, from May 12, 2011 to on or about March 15,
2012, DUSEK was a Captain and the Commanding Officer of
the USS Essex, and from on or about March 15, 2012 to
in or about September 2013, DUSEK was the Commanding
Officer of the USS Bonhomme Richard.
23. Beginning in or around July 2010 in Asia, DUSEK
and his co - conspirators entered into a relationship by
which GDMA, FRANCIS, EA, and others, would give DUSEK
things of value, including meals, alcohol,
entertainment, dozens of nights and incidentals at
luxury hotels, gifts, and the services of prostitutes,
in return for DUSEK's providing to GDMA classified U.S.
Navy ship schedules and other proprietary, internal
U.S. Navy information, and as opportunities arose,
14
Def. initials
using his position and influence within the U.S. Navy

to benefit GDMA.
24. On or about July 13, 2010, DUSEK delivered to
GDMA Japan Country Manager EA classified U.S. Navy ship
schedules, noting to EA that GDMA had provided him with
significant things of value theretofore and that he
uwasn't worried about the security one bit". Having
received these schedules, EA sent Francis an email
exclaiming: u[DUSEK] is an official GDMA card
holder ... "
25. On or about July 19, 2010, GDMA paid for a
hotel room for DUSEK and his family at the Marriott
Waikiki and on August 5, 2010, GDMA provided DUSEK with
a hotel room at the Shangri-La in Makati, Philippines
and the services of two prostitutes while there.
26. Upon providing DUSEK with the hotel room and
entertainment in the Philippines, GDMA, Francis, and EA
asked DUSEK to exercise his influence on GDMA's behalf
in bringing the aircraft carrier, the USS Abraham
Lincoln, and its associated strike group, to Port
Klang, Malaysia ( uPKCC"), a port owned by Francis. In
furtherance of GDMA's interests in this regard, DUSEK
emailed EA on August 21, 2010, reporting ugood
discussion with NOO [Admiral] today and convinced hi~
15
Def. initials
L/JX
that PKCC is the better choice." On August 24, DUSEK

reported to Francis that he had
~everyone
in agreement
that the next CSG [Carrier Strike Group] through the

AOR [area of responsibility] will stop at PKCC. Dates
will be 08-12 Oct."
27. The USS Abraham Lincoln Carrier Strike Group

did make a port visit at PKCC on October 8-12, 2010.
The total GDMA invoice for this port visit was
$1,590,745.98.
28. On October 3, 2010, EA wrote to Francis,

further explaining GDMA's preferences for ship visits
at particular ports:
~r
will have [DUSEK] out this
week, will take care of him, and try to funnel as much

traffic out of Singapore as possible, understand the
preference is PKCC and Thailand." Francis replied:
"[DUSEK] is a golden asset to drive the big decks
[aircraft carriers] into our fat revenue GDMA ports
. Phuket,
[Laem Chabang, Thailand], PKCC, and now Kota
Kinabalu ... Plug that in his ear." Immediately

thereafter, on October 4, DUSEK wrote to Aruffo, using
a rudimentary code, alerting him to the proposed port
visits for the USS Peleliu Amphibious Readiness Group
( "ARG") . Aruffo responded, instructing DUSEK to replace
one ship's port visit to Singapore with a port visit in
Phuket, Thailand, one of the "fat revenue GDMA ports.~
16
Def. initials
-=(/'-----)__
DUSEK replied on October 5,
~Got
it. I will work on
it."
29. Continuing throughout the duration of this
aspect of the conspiracy, pursuant to their corrupt
relationship, DUSEK provided GDMA, Francis, and EA with
classified schedules of projected port visits by U.S.
Navy vessels approximately dozens of times and whenever
specifically requested to do so by EA. DUSEK would
deliver these schedules in person to EA at the GDMA
office in Japan or email them directly to EA, each
time, taking steps to avoid detection by law
enforcement or U.S. Navy personnel.
30. Also continuing throughout the duration of this
conspiracy, pursuant to their corrupt relationship,
DUSEK used his positions and influence within the U.S.
Navy, first as Deputy Director of Operations for the
7th Fleet and later as Commanding Officer of the USS
Essex and USS Bonhomme Richard, as opportunities arose,
to benefit GDMA and FRANCIS, including particularly in
the selection and scheduling of U.S Navy vessels' port
visits into GDMA-identified ufat revenue GDMA ports."
D. LT COMMANDER
31.
the
u.s.
is a Lieutenant Commander in
Navy who has been assigned to NAVSUP in
17
Def. initials
Ventura, California since May 2014. Prior to that, he

was the Supply Officer (\\SUPPO") for Naval Mobile
Construction Battalion in Oxnard, California, since
about March 2013.
From about October 2009 until his
transfer in about March 2013,
111111
was assigned to
MSC in Singapore as a Combat Logistics Officer (\\CLO").

As the CLO,
111111
was responsible for providing
logistics planning and support to the ships and

personnel who operated in the 7th Fleet's area of
responsibility.
2009,
111111
From about May 2007 to about October
was the SUPPO aboard the USS John McCain.
As a SUPPO on the USS John McCain,
111111
was
responsible for the management and procurement of goods

and services required by the ship and crew.
January 2005 to about May 2007,
111111
From about
was a SUPPO and
Operational Logistics Planner, aboard the USS Blue

Ridge.
There, l l l l l l's duties included planning,
budgeting and executing the procurement of goods and

services for 7th Fleet Forces to maintain readiness as
well as logistical planning for these forces.
32. Beginning in or around 2006 in Asia,
111111
and
his co-conspirators entered into a relationship by

which GDMA, FRANCIS, and others, would give
things of value, including cash,
111111
meals, alcohol,
entertainment, dozens of nights and incidentals at
luxury hotels, gifts, and the services of prostitute~

18
Def. initials _ __
in return for
111111
providing to GDMA, classified U.S.
Navy ship schedules and other proprietary, internal

U.S. Navy information, and as opportunities arose,
using his position and influence within the U.S. Navy
to benefit GDMA.
33.
As an additional part of this aspect of the
conspiracy, upon his imminent departure from MSC,
111111
attempted to recruit other U.S. Navy personnel
to provide Francis with classified ship schedules and

other internal, proprietary U.S. Navy information.
34. To this end, on about November 6, 2011,
111111
and FRANCIS exchanged SMS text messages regarding PV, a

U.S. Navy Lieutenant assigned to MSC Far East
Singapore.
FRANCIS stated,
ui nde [need] to meet PV
again to get him [o]nboard [sic].
111111
responded,
"Ok, he is a pussy guy so maybe show him a good time."

FRANCIS responded,
"Yeah Fuzzy n Gas."
"PV n pussy has 5 kids.

will be a lock."
111111
replied,
Set up some class pussy he
FRANCIS responded, "Roger will do."
E. U.S. NAVY LEAD CONTRACT SPEC:IAL:IST
35.
was a national and resident of
Singapore, who was employed by the U.S. Navy as a lead

contract specialist at the NAVSUP FLC Singapore, a
position she had held in Singapore for over 20 years.~
19
Def. initials
fl_
As a U.S. Navy contract specialist,
1111
was
responsible for the award and oversight of U.S. Navy

contracts, including various ship husbanding contracts
held by GDMA.
aspect of the conspiracy,
1111,
a public official,
directly and indirectly, corruptly demanded, sought

things of value from GDMA and FRANCIS, including
without limitation travel expenses and hotel stays, in
omit to do things in violation of her official duties,
as opportunities arose, including providing internal,
proprietary U.S. Navy information to FRANCIS and GDMA
on numerous occasions, and using her position and
influence within the U.S. Navy to benefit GDMA and
FRANCIS, and advocating for and advancing GDMA's
interests with the U.S. Navy with respect to various
ship husbanding issues.
37. Over the course of this aspect of the
conspiracy, FRANCIS and GDMA provided
1111
with luxury
hotel stays in locations such as Bali, Bangkok, Dubai,

Turkey, and Greece.
20
Def. initials
F. PETTY OFFICER 1ST CLASS DAN MARTIN TIMBOL LAYUG
38. April 2011 to April 2014, LAYUG was a Petty

Officer First Class in the U.S. Navy assigned to the
U.S. Navy's Fleet Logistics Center in Yokosuka, Japan.
In this position, LAYUG was responsible for screening,
processing, coordinating, tracking, and expediting
logistics requirements in support of U.S. Navy vessels.
Prior to this assignment, from March 2007 to March
2011, LAYUG was assigned to the USS Blue Ridge, the
command flagship for the U.S. Navy's 7th Fleet, in
several logistics roles, including shopkeeper and
government purchase card program manager.
39. Beginning in or about November 2010, and

continuing to in or about September 2013, LAYUG, GDMA,
FRANCIS, and others entered into a relationship in
which GDMA would give LAYUG things of value, including
cash, consumer electronics, and payment by GDMA of
LAYUG's travel expenses; and in return LAYUG would
provide classified U.S. Navy ship schedules and other
proprietary, internal U.S. Navy information to GDMA.
40. As part of this aspect of the conspiracy,

FRANCIS, GDMA, and other GDMA employees arranged to
give LAYUG a monthly
~allowance"
in cash. In return for
this cash, LAYUG provided updated classified U.S. Navy

ship schedules at the demand of GDMA employees,
21
Def.
often~
initials~
passing the classified information and receiving an

envelope with his cash allowance in the parking lot of
the GDMA facility in Japan.
ADDITIONAL ASPECTS OF THE BRIBERY CONSPIRACY
41. In addition to those representative examples

discussed above, as additional aspects of this
conspiracy, GDMA, FRANCIS, and other GDMA employees
maintained corrupt relationships with scores of other
U.S. Navy officers and employees and federal employees.
42. In the aggregate, over the course of the
conspiracy described in Count One, GDMA and FRANCIS
gave their public official co-conspirators millions of
dollars in things of value including over $500,000 in
cash; hundreds of thousands of dollars in the services
of prostitutes and associated expenses; hundreds of
thousands of dollars in travel expenses, including
airfare, often first of business class, luxurious hotel
stays, incidentals, and spa treatments; hundreds of
thousands of dollars in lavish meals, top-shelf alcohol
and wine, and entertainment; and hundreds of thousands
of dollars in luxury gifts, including designer handbags
and leather goods, watches, fountain pens, fine wine,
champagne, Scotch, Kobe beef, Spanish suckling pigs,
designer furniture, Cuban cigars, consumer electronics,
ornamental swords, and hand-made ship models.
22
Def. initials
43. In addition to being influenced in the

performance of their official acts and being induced to
do and omit to do acts in violation of their lawful
duties, many of the public official co- conspirators
recruited other U.S. Navy officers and employees to
join the conspiracy by using their positions and
influence within the U.S. Navy to benefit GDMA.
44. As an additional aspect of the conspiracy, the
co-conspirators endeavored to keep their corrupt
relationships secret and evade detection by law
enforcement by, for example, using email accounts
established for the sole purpose of communicating among
members of the conspiracy, periodically deleting email
and entire email accounts, using code to communicate,
and using methods of communication thought difficult to
detect or intercept by law enforcement, such as
foreign-based email providers, Skype callas and chat,
Whats App messenger, and Blackberry chat services.
45. As an additional part of the conspiracy, as set
forth in Count Two below, GDMA and FRANCIS maintained a
corrupt relationship with Naval Criminal Investigative
Service Special Agent John Beliveau, who was given
7/i)_
cash, travel expenses, the services of prostitutes and

other things of value in return for providing to
FRANCIS information about pending NCIS investigatio

23
Def. init i a l s
into GDMA and FRANCIS and advice and counsel about how
to respond to, stall, and thwart those investigations.
COUNT TWO - BRIBERY
46. Beginning in or about January 2011, in order to

promote and facilitate his business and personal
interests, Francis sought, entered into and then
maintained a corrupt relationship with John Beliveau,
an NCIS Special Agent, who was then stationed in
Singapore.
Pursuant to this corrupt relationship,
Francis would give Beliveau cash, travel and

entertainment expenses, the services of prostitutes,
and other things of value, and in return Beliveau would
conduct regular searches of the NCIS database, which
housed information about ongoing NCIS investigations,
download NCIS reports involving investigations into the
activities of GDMA and Francis, provide copies of these
reports to Francis, and give Francis advice and counsel
on how to respond to, stall, and thwart these NCIS
investigations.
This corrupt relationship continued
until September 2013.
47. At all times, Beliveau was a "public official"

within the meaning of 18 U.S.C.
201(a), al nd as an
NCIS Special Agent, occupied a high-level decision

making and sensitive position.
His actions providing
law enforcement sensitive information, and advice abfl:J

24
De f.
initials
V-L
how Francis should respond to ongoing NCIS

investigations, violated his official and lawful
duties.
48. Among the law enforcement sensitive information
provided by Beliveau to Francis were the identities of
the subjects of the investigations; the information
provided by witnesses and documents, including
identifying information about cooperating witnesses and
their testimony; the particular aspects of GDMA's
billings that were of concern to the investigations;
the fact that the investigations had obtained numerous
email accounts, and the identity of those accounts; the
particulars about bank records and financial
information sought by the investigations; the reports
to prosecutors; and outlines of planned future
investigative activities.
49. Francis and Beliveau took steps to conceal and
prevent detection of their relationship, including
deleting emails, changing email accounts, creating
covert email accounts shared by Beliveau and Francis,
not transferring funds through the normal banking
channels, and using Skype calls and chat and text
messages to transmit information and discuss the
investigations.
25
Def.
initials~
50. The following events are non-exhaustive,

representative examples of the corrupt briber-bribee
relationship between Francis and Beliveau:
a. On or about March 4, 2011, Francis paid

for Beliveau to travel to Bangkok, stay two nights
in a luxury hotel, and receive the services of a
prostitute.
Francis also paid for that
prostitute's round-trip from the Philippines.

b. On or about March 12, 2012, FRANCIS and
Beliveau discussed by text message the ongoing
investigations in Japan, including their evaluation
of the assigned NCIS case agent and strategies for
placing blame for any wrongdoing on the
subcontractors.
Beliveau counseled,
~[N]ext
make
the subs look bad, divert attention so they look

dirty."
c. On or about the following dates,
Beliveau searched the NCIS database for reports
related to ongoing criminal investigations into
FRANCIS and GDMA in order to provide those reports
to FRANCIS:
1) December 2011
2) March 2012
3) May 2012
4) June 2012
5) August 2012
26
Def. initials
6) September 2012
7) November 2012
8) January 2013
9) April 2013
10) July 2013
11) August 2013
12) September 9, 2013.
d. On or about August 17, 2012, Beliveau
and FRANCIS discussed the ongoing investigations by
text messages, including the fact that statements
by co-conspirators were covertly recorded at the
GDMA office in Thailand.
Beliveau wrote, "I have
30 reports for u, not good, ur girl in [T]hailand

f[']d up and got caught on tape."
Later in the
exchange Beliveau specified, "[Country Manager PS]

to our source on tape."
! ."
FRANCIS replied, "No way
"What did she say."
warned you about this,
Beliveau answered "I
[I']ll send, u read."
e. In or about late November 2012, FRANCIS

paid for the airfare and hotel expenses for a
three-week trip for Beliveau to travel from
Virginia to Singapore, Thailand, the Philippines,
and Indonesia, and then back to Singapore and
Virginia.
During this trip, Beliveau hand-
delivered to FRANCIS, numerous law enforcement

sensitive investigative reports and provided
27
Def.
initials~
FRANCIS with advice and counsel on how to respond

to and thwart the investigations.
f. On or about December 22, 2012, the day
before Beliveau returned to the United States,
Francis gave Beliveau over $9,500 in cash.
51. The bribery offenses embodied in Count One and
Count Two involved more than one bribe.
52. The value of the benefit received by GDMA and
FRANCIS as a result of the bribery offenses embodied in
Count One and Count Two was at least more than
$7,000,000.00 but less than $20,000,000.00.
COUNT THREE - CONSPIRACY TO DEFRAUD THE UNITED STATES
53. Beginning in or about July 2009, and continuing

to in or about September 2013, FRANCIS knowingly and
intentionally combined, conspired, and agreed with
GDMA, GDMA employees, and others to defraud the United
States by obstructing the lawful functions of the
United States Department of the Navy through deceitful
and dishonest means, namely, by submitting or causing
to be submitted fraudulently inflated claims for
payment, and false and fraudulent documentation in
support of those claims for payment related to GDMA's
ship husbanding contracts with the U.S. Navy; and
G~
FRANCIS and their co-conspirators took overt acts in

28
Def. initials
furtherance of this conspiracy and to effect its

unlawful objects.
A. SHIP HUSBANDING CONTRACTS AWARDED 2011
54. In 2011, NAVSUP awarded GDMA three contracts to

provide ship husbanding services to U.S. Navy vessels
at ports throughout Southeast Asia (Region 2),
Australia and Pacific Isles (Region 3), and East Asia
(Region 4).
55. The Region 2 contract was structured with a
first-year base value of $25 million, with options to
extend the contract for up to four additional years,
for a total base value of over $125 million. The Region
2 contract provided for pricing of different ship
husbanding services as follows:
a. Fixed Price Items. For each port, GDMA and the
U.S. Navy agreed to fixed prices for various specified
services.
b. Incidentals. The contract also provided for
uincidentals," or items that fall within the general
scope of ship husbanding services but were not
enumerated as fixed price items. For these items, GDMA
was generally required to obtain at least two
competitive quotes for the service and provide those
quotes to the U.S. Navy. GDMA was allowed to submit its
own quote as one of the competitive market quotes, b~
29
Def. initials
Ll1/
in its quote, GDMA was required to disclose any profit

or markup. GDMA would also submit an Authorized
Government Representative Form ("AGR Form") in which
GDMA would recommend a particular source. After
receiving the quotes and the AGR Form, the U.S. Navy
would select which vendor to use for each Incidental.
c. Fuel. Fuel was a subtype of Incidentals. Under
the Region 2 contract, if GDMA arranged for the
acquisition of fuel, it was required to bill the U.S.
Navy for the fuel's actual costs, without markup; GDMA
received a separate fixed fee for its efforts in
arranging for the acquisition of the fuel.
d. Port Tariff Items. Under the Region 2 contract,
"Port Tariff Items" were ship husbanding services
provided by a bona fide Port Authority and charged at
"Port Tariff Rates" established and controlled by the
Port Authority. For any of these services rendered to
U.S. Navy vessels in port, GDMA was required to bill
the U.S. Navy for the actual costs paid to the Port
Authority, without markup.
56. In connection with the Region 2 contract, at
the conclusion of each port visit, GDMA submitted to
U.S. Navy personnel on the vessel a claim for payment - typically consisting of a series of invoices and
supporting documentation
for all the ship husbanding
services rendered to the vessel during th8 port

30
vis~
Def. initials
57. As part of this conspiracy, Francis and his coconspirators submitted and caused to be submitted to
the U.S. Navy fraudulent quotes for Incidentals,
purporting to be from prospective subcontractors, for
port visits in Thailand, Malaysia, Cambodia, Indonesia,
Philippines, Australia, and other countries.
58. As a part of this conspiracy, Francis and his
co-conspirators submitted and caused to be submitted to
the U.S. Navy fraudulent representations related to the
acquisition of fuel, including fraudulent
representations about the unavailability of the type of
fuel required by U.S. Navy vessels, as well as
fraudulent representations about the source and actual
cost of the fuel ultimately provided by GDMA to the
U.S. Navy vessels.
59. As a part of this conspiracy, Francis and his
co-conspirators submitted and caused to be submitted to
the U.S. Navy fraudulent representations related to
Port Tariff Items, including fraudulent representations
about the availability and actual cost of Port Tariff
Items at particular ports, fraudulent representations
about the true identity of the bona fide port
authority, and ultimately fraudulent invoices inflating
31
Def.
initials~
the costs of the Port Tariff Items rendered to each

U.S. Navy vessel.
60. To this end, Francis and his co-conspirators
created entirely sham companies and fraudulently
represented them to the U.S. Navy to be bona fide Port
Authorities, including Laem Thong East Services, Ltd.,
purporting to service the port of Laem Chabang,
Thailand, and Phuket International Cruise Terminal,
purporting to service the port of Phuket, Thailand. In
other ports, Francis and his co-conspirators falsely
represented to the U.S. Navy that certain GDMA
subcontractors were, in fact, the bona fide Port
Authority, including (1) Lumut, Malaysia: S.W. Maritime
SIB Lumut Ports; and (2)
Sepangar, Malaysia: MY.
Maritime Network (Sabah Ports) . Using these sham

entities, Francis and his co-conspirators submitted
fraudulent invoices to the U.S. Navy which inflated the
actual costs of the Port Tariff Items rendered to each
U.S. Navy vessel.
61. Further to this end, Francis and his coconspirators submitted and caused to be submitted
fraudulently inflated invoices purporting to be from
legitimate Port Authorities, including (1) Langkawi,
Malaysia: Star Cruises Langkawi Cruise Centre SND BHD;
(2) Jakarta, Indonesia: PT. Pelabuhan Indonesia II; ~
32
Def. initials
Bali, Indonesia: PT. Pelabuhan Indonesia III; (4) Ream,

Cambodia: Royal Cambodian Navy; and (5) Sihanoukville,
Cambodia: Kampuchea Shipping Agency & Brokers.
62. At the end of the port visit by a particular
U.S. Navy vessel, GDMA, FRANCIS and their coconspirators, submitted and caused to be submitted to
the U.S. Navy fraudulently inflated claims for the
purpose of obtaining payment for ship husbanding
services rendered to U.S. Navy vessels during port
visits, which claims included, depending on the port
visited and U.S. Navy vessel, fraudulently inflated
claims for payment related to Incidentals, Fuel, and
Port Tariff Items.
63. By some combination of the manner and means
described above in Paragraphs 57-61, GDMA, Francis, and
their co-conspirators defrauded the U.S. Navy in
connection with at least as many as hundreds of U.S .
Navy vessels' port visits throughout Asia and the
Pacific from at least September 2011 until September
2013.
B. SHXP HUSBANDING CONTRACT XN JAPAN 2009-2010
64. As an additional part of this conspiracy to

defraud the United States, GDMA, EA, and their coconspirators conspired to arrange kickbacks to GDMA ~
33
Def. initials
from GDMA's vendors in Japan (i.e. subcontractors for

particular ship husbanding services).
To implement
this scheme, GDMA, EA and their co-conspirators

obtained letterhead from several Japanese vendors and
used that letterhead to prepare fraudulently inflated
vendor invoices to the U.S. Navy. GDMA, EA and their
co-conspirators inflated these invoices to bill the
U.S. Navy for more money than the vendor would have
charged to provide the good or service. After the U.S.
Navy approved the invoices and paid the inflated
amounts to the Japanese vendors, EA required the
vendors to kick a portion of those inflated payments
back to GDMA. To do so, the co-conspirators issued GDMA
invoices to the vendors in the amount of the kickback,
and the vendors then paid the invoiced kickback amount
to GDMA.
After FRANCIS learned about this scheme, he
approved and continued to benefit from it.
65. By the manners and means described in Paragraph

64, GDMA, EA, and their co-conspirators defrauded the
U.S. Navy in connection with a wide variety of
husbanding services provided to nearly every U.S. Navy
vessel that came to port in Japan from July 2009 until
September 2010, including: USS Lake Erie, USS Blue
Ridge, USCGC Jarvis, USS John McCain; USS Stethem; USS
Cowpens; USS Pinckney; USS Rentz; USS Mount Rushmore;
USS Mustin; USS Fitzgerald; USS Curtis Wilbur; USS
34
nef. initials
~~
_V----=)'---
Guardian; USS Russell; USS Vandegrift; USS Denver; USS

Defender; USS Shiloh; USS Momsen, and many others.
66. The total actual loss to the U.S. Navy from the
conspiracy to defraud the United States described in
Count Three and in Paragraphs 54-64 above was at least
more than $20 million.
67. A substantial part of the conspiracy to defraud

the United States, as described in Count Three, was
committed from outside the United States and otherwise
involved sophisticated manners and means.
68. As to the conspiracy to defraud the United

States, as described in Count Three, Francis was the
organizer and leader of that criminal activity which
involved more than five participants, and was otherwise
extensive in its duration, reach, and magnitude.
69. Francis willfully obstructed and impeded, and

attempted to obstruct and impede, the administration of
justice with respect to the investigation and
prosecution of the conspiracy to defraud the United
States, as described in Count Three, and his
obstructive conduct related to that offense, and
relevant conduct.
35
Def. initials
FORFEITURE
70. The assets and substitute assets enumerated in

the Forfeiture Addendum constitute or are derived from
proceeds that defendant received as a result of the
conspiracy to commit bribery, bribery, and conspiracy
to defraud the United States, as described in the plea
agreement and in this Stipulated Statement of Facts.
##
36
Def. initials
/
DEFENDANT SATISFIED WITH COUNSEL
65. The defendant has consulted with counsel and is

satisfied with counsel's representation. This is the
defendant's independent opinion, and his counsel did
not advise him about what to say in this regard.
LAURA E. DUFFY
DATED
MARK W. PLETCHER
ROBERT S. HUIE
DATED
ytJ/ I )
w
Direct r, Procurement Fraud
BRIAN YOUNG
SNER, ESQ.
~~~O'CONNELL, ESQ.
Covington & Burling LLP
Counsel for Defendant
I SWEAR UNDER PENALTY OF PERJURY THAT THE FACTS IN THIS

STIPULATED STATEMENT OF FACTS ARE TRUE AND CORRECT.
DATED
1-4- IS ~GLENN
~
~
FRANCIS
Defendant
37
Def. initials

Leonard Francis Plea Agreement

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Attorneys for the United States

UNITED STATES OF AMERICA,

LEONARD GLENN FRANCIS,

IT IS HEREBY AGREED between the UNITED STATES OF

States Attorney, Mark W. Pletcher and Robert S. Huie,

Procurement Fraud, and Brian Young, Trial Attorney, Fraud

Section, Criminal Division (collectively referred to as

3 FRANCIS, the President and Chief Executive Officer of

Glenn Defense Marine (Asia) Pte. Ltd.

("GDMA"), with the

6 advice and consent of Ethan M. Posner, Esq., and Sara J.

O'Connell, Esq., counsel for the defendant, as follows:

Count 1 - Conspiracy To Commit Bribery

Beginning in or about 2004, and continuing until

positions and influence within the U.S. Navy and

Beginning in or about January 2011, and continuing

Count 3 - Conspiracy To Defraud the United States

Beginning in or about July 2009, and continuing to

Information and agrees

shall govern forfeiture in this case.

Prosecution Of Additional Counts

dditional criminal charges against the defendant relating

committed prior to September 17,

rosecution for other crunes.

The United States

to prosecute the defendant for perjury or the giving

federal agent 1n the

vent that the defendant commits such an offense after the

bligations under this agreement.

Package Disposition -- GDMA

For the defendant to receive the benefits

time pursuant to a separately executed plea agreement.

NATURE OF THE OFFENSES

The offenses to which the defendant 1s pleading

guilty have the following elements:

Count 1 - Conspiracy To Commit Bribery

There was an agreement between two or more

persons to commit bribery;

The defendant became a member of the

6 conspiracy knowing of at least one of its objects and

intending to help accomplish it; and

One of the members of the

performed at least one overt act in furtherance of the

The defendant gave/ offered/ and promised

things of value to a public official; and

The defendant acted corruptly/ that is/ with

the intent to influence an official act by the public

official/ or with the intent to induce the public

official to do or to omit to do an act in violation of

There was an agreement between two or more

persons to defraud the United States by obstructing the

lawful functions of the United States Department of the

The defendant became a member of the

conspiracy knowing of at least one of its objects and

One of the members of the conspiracy

performed at least one overt act in furtherance of the

The defendant understands that the Government would

have to prove by a preponderance of the evidence that the