2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 1 Page 1 of 4

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

UNITED STATES OF AMERICA ) 2:23-cr-636

CR. NO. __________________
)
vs. ) 18 U.S.C. § 371
) 18 U.S.C. § 2320(a)
BRUCE QUIMBY AND ) 18 U.S.C. § 981(a)(1)(C)
LISA QUIMBY ) 28 U.S.C. § 2461(c)
)
) INFORMATION

COUNT 1
(Conspiracy to Traffic in Counterfeit Goods)

THE UNITED STATES ATTORNEY CHARGES:

1. Beginning on or about August 2022 and continuing through June 2023, in the

District of South Carolina, and elsewhere, the Defendants BRUCE QUIMBY and LISA

QUIMBY (collectively, “DEFENDANTS”), together with others known and unknown to the

United States Attorney, did knowingly and willfully conspire, agree, and have a tacit

understanding to traffic and attempt to traffic counterfeit goods, in violation of Title 18, United

States Code, Section 2320(a)(1).

Manner and Means of the Conspiracy

2. At all times relevant to this Information, it was part of the conspiracy that the

DEFENDANTS did purchase counterfeit U.S. Forever Stamps from China for the purpose of

selling them online.

Overt Acts

3. In furtherance of the conspiracy and to accomplish the object of the conspiracy,

DEFENDANTS, with others known and unknown to the United States Attorney, committed overt

acts within the District of South Carolina, and elsewhere, including but not limited to the
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 1 Page 2 of 4

following:

a. On or about August 19, 2022, 500 rolls of counterfeit U.S. Forever Stamps

were delivered to DEFENDANTS.

b. On or about October 18, 2022, the DEFENDANTS sold five rolls of

counterfeit U.S. Forever Stamps, via an online sales platform, to T.G. of

Boulder, CO. The counterfeit stamps were delivered on or about October

21, 2022.

c. On or about January 1, 2023, 500 rolls of counterfeit U.S. Forever Stamps

were delivered to DEFENDANTS.

d. On or about February 25, 2023, the DEFENDANTS sold two rolls of

counterfeit U.S. Forever Stamps, via an online sales platform, to C.R. of

Stevens Point, WI. The counterfeit stamps were delivered on or about

March 3, 2023.

All in violation of Title 18, United States Code, Section 371.

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 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 1 Page 3 of 4

FORFEITURE

CONSPIRACY TO TRAFFIC IN COUNTERFEIT GOODS:

Upon conviction to violate Title 18, United States Code, Section 371 (conspiracy to violate

18 U.S.C. § 2320) as charged in this Information the Defendants, BRUCE QUIMBY and LISA

QUIMBY, shall forfeit to the United States any property, real or personal, which constitutes, is

traceable, or is derived from any proceeds the Defendants obtained, directly or indirectly, as the

result of such violation.

PROPERTY:

Pursuant to 18 U.S.C. 981(a)(1)(C) and 28 U.S.C. 2461(c), the property which is

subject to forfeiture for the violation charged in this Information includes, but is not limited to, the

following:

A. Cash Proceeds / Forfeiture Judgment:

A sum of money equal to all proceeds the Defendants obtained directly or

indirectly as the result of the offense charged in this Information, or
traceable to such property, that is, a minimum of $609,900.00 in United
States currency, and all interest and proceeds traceable thereto.

B. Bank Account:

$92,405.50. in funds seized from Bluevine Bank Account

Account Number: x3785
In the names of: WT Archive and Lisa Quimby

SUBSTITUTE ASSETS:

If any of the property described above as being subject to forfeiture, as a result of any act

or omission of the Defendants-

A. Cannot be located upon the exercise of due diligence;

B. Has been transferred or sold to, or deposited with, a third person;

3
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 1 Page 4 of 4

C. Has been placed beyond the jurisdiction of the court;

D. Has been substantially diminished in value; or

E. Has been commingled with other property which cannot be

subdivided without difficulty;

it is the intention of the United States, pursuant to Title 18, United States Code, Section 982(b)(1),

incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of any other property

of the Defendants up to the value of the forfeitable property.

Pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States

Code, Section 2461(c).

ADAIR F. BOROUGHS
UNITED STATES ATTORNEY

By: Amy F. Bower, Id No. 11784

Assistant United States Attorney
151 Meeting Street, Suite 200
Charleston, South Carolina 29401
Telephone: (843) 727-4381
Facsimile: (843) 727-4443
Email: [email protected]

4
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 1 of 10

IN THE DISI'RICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

UNIl'ED STATES OF' AMERICA (lrirninal No: 2:23-cr-636

PLEA AGREE}IENT
BRUCE QUIMBY

(icncral Pror isions

This PLEA AGREEMENT is rnade this dav ol' NNK .2023, between the

United States of America, as represented by United States Attorney ADAIR F. BOROUGHS,

Assistant United States Attorney Amy Bower; the Def'endant, BRUCE QUIMBY, and

Defendant's attomey, Luke Shealey. Esq.

lN CONSIDERATION of the mutual promises made herein, the parties agree as follows:

l. The Defendant agrees to plead guilty to Count I ofthe Information now pending, which

charges conspiracy Io traffic counterfeit goods in violation of l8 U.S.C. $ 2320(a). a

violation of I 8 U.S.C. $ 371 .

ln order to sustain its burden of proof, the Government is required to prove the following:

Count I
A. Two or more persons agree to do something which federal law prohibits;

B. The Defendants knew ofthe conspiracy and willfully joined the conspiracy; and

C' At some time during the existence of the conspiracy, in the District of South
Carolina. one of the members of the conspiracy perfbrmed the overt acts charged
in the lnformation to accomplish the object and purpose ofthe agreement.

"[ he penalty for this oflense is

Up to five years in prison. a fine of $250.000.00. up to three years supervised release. and
special assessment of $ I 00.

l'age I of l0

o/
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 2 of 10

) The Defendant understands and agrees that monetary penalties Ii.e., special assessments,

restitution, fines and other payments required under the sentencel imposed by the Court

are due and payable immediately and subject to enforcement by the United States as civil

judgments. pursuant to I8 U.S.C. $ 3613. ln the event the Court imposes a schedule for

payment ol restitution, the Defendant also understands that payments made in accordance

wilh installment schedules sel by the Court are minimum payments only and do nol

preclude the Covernment from seeking to enforce the judgment against other assets of the

Defendant at any time. as provided in 18 U.S.C. $$ 3612, 3613 and 3664(m). The

Defendant further agrees to enter into the Bureau of Prisons Inmate Financial Repayment

Program ifsentenced to a term ofincarceration with an unsatisfied monetary penalty. The

Defendant further understands that any monetary penalty imposed is not dischargeable in

bankruptcy.

A. Special Assessment: Pursuant to l8 U.S.C. $3013, the Defendant must pay

a special assessment of $100.00 for each felony count for which he is
convicted. This special assessment must be paid at or before the time ofthe
guilty plea hearing or during participation in the Bureau of Prisons lnmate
Financial Repayment Program if this plea results in incarceration.

B, Restitution: The Defendant agrees to make full restitution under l8 U.S.C.

$ 3556 in an amount to be determined by the Court at the time ofsentencing,
which amount is not limited to the count(s) to which the Defendant pled
guilty. but will include restitution to each and every identifiable victim who
may have been harmed by his scheme or pattern of criminal activity.
pursuanl to I 8 U.S.C. $ 3663. The Delendant agrees to cooperate fully with
the Government in identifying all victims. Upon demand. the Defendant
shall submit a personal financial statement under oath and submit to
interviews by the government and the U.S. Probation Oflice regarding the
Defendant's capacity to satisfy any fines or restitution. The Defendant
expressly authorizes the U.S. Attomey's Office to immediately obtain a
credit report on the Defendant in order to evaluate the Defendant's ability to
satisfy any financial obligation imposed by the Court. The Defendant
understands that the Delendant has a continuing obligation to pay in full as
soon as possible any financial obligation imposed by the Court.

Page 2 ol'10
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 3 of 10

C, Fines: The Defendant understands that the Cou( may impose a fine
pursuant to 18 U.S.C. $$ 3571 and 3572.

J Defendant understands that if Defendant is not a United States citizen, the felony

conviction in this case may subject Defendant to removal, also known as deportation.

which may, under some circumstances, be mandatory. The oourt cannot, and Defendant's

attorney also may not be able to, advise Defendant fully regarding the immigration

consequences ofthe felony conviction in this case. Defendant understands that by entering

a guilty plea defendant waives any claim that unexpected immigration consequences may

render Defendant's guilty plea invalid.

1 The Defendant understands that the obligations of the Govemment within the Plea

Agreement are expressly contingent upon the Defendant's abiding by federal and state laws

and complying with any bond executed in this case. In the event that the Defendant fails

to comply with any of the provisions of this Agreement, either express or implied, the

Government will have the right, at its sole election, to void all of its obligations under this

Agreement and the Defendant will not have any right to withdraw his./her plea of guilty to

the offense(s) enumerated herein.

Cooperation and Forfeiture

5. The Defendant agrees to be fully truthful and forthright with federal, state and local law

enforcement agencies by providing full. complete and truthful information about all

criminal activities about which he has knowledge. The Defendant must provide full,

complete and truthful debriefings about these unlawt-ul activities and must fully disclose

and provide truthful information to the Government including any books, papers, or

documents or any other items of evidentiary value to the investigation. The Defendant

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 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 4 of 10

must also testily fully and truthfully before any grand juries and at any trials or other

proceedings ifcalled upon to do so by the Government. subject to prosecution for perjury

for not testifying truthfully. The t'ailure ofthe Defendant to be fully truthful and fonhright

al any stage will. at the sole election of the Government, cause the obligations of the

Covernment within this Agreement to become null and void. Further, it is expressly agreed

that ifthe obligations ofthe Government within this Agreement become null and void due

to the lack oftruthfulness on the part ofthe Defendant, the Defendant understands that:

A. the Defendant will not be permitted to withdraw his/her plea of guilty to the
offenses described above;

B. all additional charges known to the Government may be filed in the

appropriate district;

C. the (iovernment will argue for a maximum sentence forthe offense to which
the Defendant has pleaded guilty; and

D. the Government will use any and all information and testimony provided by
the Defbndant pursuant to this Agreement. or any prior proffer agreements,
in the prosecution ofthe Defendant ofall charges.

6 The Defendant agrees to submit to such polygraph examinations as may be requested by

the Government and agrees that any such examinations shall be performed by a polygraph

examiner selected by the Government. Defendant further agrees that his/her refusal to take

or hisiher failure to pass any such polygraph examination to the Govemment's satisfaction

will result, at the Govemment's sole discretion, in the obligations ofthe Government within

the Agreement becoming null and void.

7 Provided the Defendant cooperates pursuant to the provisions ofthis Plea Agreement, and

that cooperation is deemed by the Government as providing substantial assistance in the

investigation or prosecution of another person, the Government agrees to move the Court

flor a downward departure or reduction of sentence pursuant to United States Sentencing

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 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 5 of 10

Commission Guidelines $ 5K I .l, I 8 U.S.C. S 3553(e) 94 Federal Rule of Criminal

Procedure 35(b). Any such motion by the Government is not binding upon the Court, and

should the Court deny the motion, the Defendant will have no right to withdraw his/her

plea.

8 The Defendant agrees to voluntarily surrender to. and not to contest the forfeiture of any

and all assets and property, or portions thereof, which are subject to forfeiture pursuant to

any provision of law. including but not limited to. property in the possession or control of

the Defendant or Defendant's nominees. Specifically, the Defendant agrees to voluntarily

surrender. and not contest the forfeiture of property identified in the Information, and any

forfeiture Bil I of Particulars.

A. Cash Proceeds / F ort'eiture Judgment:

A sum of money equal to all proceeds the Defendants obtained directly

or indirectly as the result of the ofTense charged in this Information, or
traceable to such property. that is. a minimum of $609.900.00 in United
States currency, and all interest and proceeds traceable thereto.

B. Bank Account:

592.405.50. in flunds seized tiom Bluevine Bank Account

Account Number: x3785
In the names of: WT Archive and Lisa Quimby

With regard to each and every asset listed in the Information or seized in a related

investigation or administrative. slate, or local action. the Defendant stipulates and agrees:

The Defendant agrees and consents to the forf'eiture of these assets pursuant to any
f'ederal criminal, civil.judicial or administrative fbrlbiture action. The Defendant also
hereby agrees to waive all constitutional. statutory and procedural challenges in any
rnanner (including direct appeal. habeas corpus, or any other means) to any forfeiture
carried out in accordance with this Plea Agreement on any grounds, including that the
forfeiture described herein constilutes an excessive flne. was not properly noticed in
the charging instrument, addressed by the Court at the time of the guilty plea,
announced aI sentencing, or incorporated into the.iudgment.

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2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 6 of 10

To its forfeiture herein, ifnecessarv as substitute property under 2l U.S.C. $ 853(p), as

made applicable by l8 U.S.C. g 982(b)(l) or any other starute. or in a separate
adm inistrative or civiljudicial proceeding.

That lhe Defendant has or had a possessory interest or olher legal interest in each item
or property.

To assist the United States in the recover),ofall assets by (i) taking whatever steps are
necessary or requested by the United States to pass clear title to the United States: (ii)
preventing the disbursemenl ofany moneys and sale ofany property or assets: (iii) not
encumbering or transferring any real estate after the Defendant's signing of this Plea
Agreement; and (iv) directing all Ilnancial instilurions to turn over and surrender to the
United States all funds and records regarding accounts listed in any document signed
by the Defendant pursuant to this plea agreement. as criminal proceeds or substitute
property.

The Defendannvaives all rights to notice offorfeiture under Rule 32.2 and ofany other
action or proceeding regarding such assels. The Def'endant consents and waives all
rights to compliance by the United States with any applicable deadlines under l8
U.S.C. $ 983(a). Any related administrative claim tiled by the Defendant is hereby
withdrawn.

Pursuant to Rule 32.2(b)(4). the Defendant agrees that the preliminary order of
forfeiture will satisl, the notice requirement and will be final as to the Defendant at the
time it is entered. In the event the forfeiture is omitted from the judgment. the
Delendant agrees that the forfeiture order may be incorporated into the written
judgment aI any time pursuant to Rule 36.

lfthe United States discovers that the Det'endant has not t'ully disclosed all assets. the
United States may seek forfeiture of any subsequently-discovered assets, and the
Defendant agrees to the immediate forfeiture oi any such assets.

The Defendant further agrees to make a full and complete disclosure ofall assets over
which Defendant exercises conlrol and those which are held or controlled by nominees.
The Defendant agrees that Federal Rule of Criminal Procedure I I and { lB 1.8 ofthe
United States Sentencing Commission Guidelines will not protect lrom forfeiture.
assets disclosed by the Defendant as part ofhis/her cooperation. The Defendant further
agrees to submit to a polygraph examination on the issue of assets if it is deemed
necessary by the United States.

The Defendant agrees to waive any double jeopardy claims the Defendant may have as
a result ofa forfeiture proceeding against any ofthese properties as provided for by this
Plea Agreement and agrees ro waive any claims that the tbrfeiture described herein
constitutes an excessive flne.

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 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 7 of 10

Forfeiture of the Defendant's assets shall not be treated as satisfaction ofany tine.
restitution, cost of imprisonmenl. or any other penalt)' the Coun mal. impose upon the
Defendant in addition to forfeiture. The United States may use the value of forfeited
property for restitution. but is not required to do so.

9. The Defendant also agrees to voluntarily transfer all right, title, interest and claim in the

above-described property and/or assets to the United States ofAmerica. Furthermore, the

Defendant attests, under penalty of perjury, that the Defendant owns the above-described

property and/or assets free of any liens and encumbrances, and that no other person or

entity has a claim to the above-described property and/or assets.

Merger and Other Provisions

t0 The Defendant represents to the coun thal he has met with his/her attomey on a sufficienl

number ofoccasions and for a sufficient period of time to discuss the Defendant's case and

receive advice; that the Defendant has been truthful with his/her attomey and related all

information of which the Def'endant is aware pertaining to the case; that the Defendant and

his attorney have discussed possible defbnses, if any, to the charges in the lnformation

including the existence of any exculpatory or f'avorable evidence or witnesses, discussed

the Defendant's right to a public trial byjury or by the Court, the right to the assistance of

counsel throughout the proceedings, the right to call witnesses in the Defendant's behalf

and compel their aftendance at trial by subpoena. the right to confront and cross-examine

the Government's witnesses, the Defendant's right to testiry in his own behalf, or to remain

silent and have no adverse inferences drawn liom his/her silence; and that the Defendant.

with the advice of counsel, has weighed the relative benefits of a trial by jury or by the

Court versus a plea of guilty pursuant to this Agreement" and has entered this Agreement

as a matter ofthe Defendant's free and voluntary choice, and not as a result of pressure or

intimidation by any person.

PaBe 7 (l1 l0
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 8 of 10

ll The Defendant is aware that l8 U.S.C. g 3742 and 28 U.S.C. $ 2255 afford every defendant

certain rights to contest a conviction and/or sentence. Acknowledging those rights. the

Defendant, in exchange for the concessions made by the Government in this Plea

Agreement, waives the right Io contest either the conviclion or the sentence in any direct

appeal or other post-conviction action, includingany proceedings under28 U.S.C. $ 2255.

This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial

misconduct, or future changes in the law that affect the Defendant's sentence. This

agreement does not affect the rights or obligations of the Government as set forth in l8

U.S.C. $ 3742(b). Nor does it limit the Covernment in its comments in or responses to any

post-sentencing mafters.

ll. The Defendant waives all rights, whether asserted directly or by a representative. to request

or receive from any department or agency of the United States any records pertaining to

the investigation or prosecution of this case, including without limitation any records that

may be sought under the Freedom of Information Act. 5 U.S.C. g 552, or the Privacy Act

of 1974, 5 U.S.C. g 552a.

li The parties hereby agree that this Plea Agreement contains the entire agreement of the

parties; that this Agreement supersedes all prior promises, representations and statements

ofthe panies; that this Agreement shall not be binding on any party until the Defendant

tenders a plea of guilty to the court having jurisdiction over this matter; that this Agreement

may be modified only in writing signed by all partiesl and that any and all other promises,

representations and statements, whether made prior to, contemporaneous with or after this

Agreement, are null and void.

Pagc 8 ot l0
2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 9 of 10

z3
Date Qu imbl'.
Dettn

Datc L She , Esqu

Defense Aftorney

ADAIR F. BOROUGHS
UN D STATE TTORN EY
I

\+ '13, 4L
Date Bower (Fed. ID # 11784)
Assistant I Jn ited Stales Attornev

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2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 5 Page 10 of 10

Pagc l0 ol l{)
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 1 of 9

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

TJNITED STATES OF AMERICA Criminal No: 2:23-cr-636

PI,I.:A A(;RT]F,\IENT
LISA QUIMBY

(lencral Provisions

.s\
This PLEA AGREEMENT is made this _$_ dav of 2023. between the

United States of America, as represented by United States Attorney ADAIR F. BOROUGHS,

Assistant United States Attorney Amy Bower; the Defendant, LISA QUIMBY, and Defendant's

attorney, Jim May, Esq.

IN CONSIDERATION of the mutual promises made herein. the parties agree as follows:

L The Defendant agrees to plead guilty to Count I ofthe Information now pending, which

charges conspiracy to traffic counterfeit goods in violation of l8 U.S.C. S 2320(a), a

violation of l8 U.S.C. $ 371.

In order to sustain its burden of proof, the Government is required to prove the following:

Count I
A. Two or more persons agree to do something which federal law prohibits;

B. The Defendants knew ofthe conspiracy and willfully joined the conspiracy; and

C. At some time during the existence of the conspiracy. in the District of South
Carolina, one of the members of the conspiracy performed the overt acts charged
in the Information to accomplish the object and purpose of the agreement.

The penalty for this offense is:

Up to five years in prison, a fine of $250,000.00, up to three years supervised release, and
special assessment of $I 00.

Page I o1'9

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 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 2 of 9

) The Defendant understands and agrees that monetary penalties Ii.e., special assessments,

restitution, fines and other payments required under the senlence] imposed by the Court

are due and payable immediately and subject to enforcement by the United States as civil

judgments. pursuanl to I8 U.S.C. $ 3613. In the event the Court imposes a schedule for

payment of restitution, the Defendant also understands that payments made in accordance

with installment schedules set by the Court are minimum payments only and do not

preclude the Government from seeking to enforce the judgment against other assets ofthe

Defendant at any time, as provided in 18 U.S.C. $$ 3612.3613 and 3664(m). The

Defendant further agrees to enter into the Bureau of Prisons Inmale Financial Repayment

Program ifsentenced to a term ofincarceration with an unsatisfied monetary penalty. The

Defendant further understands that any monetary penalty imposed is not dischargeable in

bankruptcy.

A. Special Assessment: Pursuant to I 8 U.S.C. $3013, the Defendant must pay

a special assessment of $100.00 for each felony count for which he is
convicted. This special assessment must be paid at or before the time ofthe
guilty plea hearing or during participation in the Bureau of Prisons Inmate
Financial Repayment Program ifthis plea results in incarceration.

B Restitution: The Defendant agrees to make tirll restitution under l8 U.S.C.

$ 3556 in an amount to be determined by the Court at the time ofsenrenc ing,
which amount is not Iimited to the counl(s) to which the Defendant pled
guilry. but rvill include restitution to each and every identitiable victim who
may have been harmed by his scheme or pattern of criminal activity.
pursuant to l8 U.S.C. $ 3663. The Defendant agrees to cooperate fully with
the Government in identitying all victims. Upon detnand. the Defendant
shall submit a personal financial statement under oath and submit to
intervie\\,s by the government and the U.S. Probation Ollice regarding the
Defendant's capacity to satisfly any fines or restitution. The Defendant
expressly authorizes the U.S. Attorney's Otlice to immediately obtain a
credit report on the Defendant in order to evaluate the Defbndant's ability to
satisiy- an) financial obligation imposed by the Court. The Defendant
understands that the Det'endant has a continuing obligation to pay in full as
soon as possible any financial obligation imposed by the Court.

l'a8c 2 of9

$
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 3 of 9

C. Fines: The Defendant understands lhat the Court may impose a fine
l8 U.S.C. $$ 3571 and 3572.
pursuant to

., Defendant understands that if Defendant is not a United States citizen, the felony

conviction in this case may subject Defendant to removal, also known as deportalion.

which may, under some circumstances, be mandatory. The court cannot, and Defendant's

attorney also may not be able to, advise Delendant fully regarding the immigration

consequences ofthe felony conviction in this case. Defendant understands that by entering

a guilty plea defendant waives any claim that unexpected immigration consequences may

render Defendant's guilty plea invalid.

,+ The Defendant understands that the obligations of the Government within the Plea

Agreement are expressly contingent upon the Defendant's abiding by federal and state laws

and complying with any bond executed in this case. [n the event that the Defendant fails

to comply with any of the provisions of this Agreement. either express or implied, the

Government will have the right. at its sole election, to void all of its obligations under this

Agreement and the Defendant will not have any right to withdraw his/her plea of guilty to

the offense(s) enumerated herein.

Cooperation and Forlejlutc

5 The Defendant agrees to be fully truthiul and forthright with federal, state and local law

enlorcement agencies by providing full. complete and truthful infbrmation about all

criminal activities about which he/she has knowledge. The Defendant must provide full.

complete and truthful debriefings about these unlawful activities and must iully disclose

and provide truthful information to the Government including any books. papers. or

documents or any other items of evidentiary value to the investigation. The Defendant

Pagc J ol9

*
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 4 of 9

must also testiry fully and truthfully before any grand juries and at any trials or other

proceedings ifcalled upon to do so by the Government, subject to prosecution for perjury

for not testiling truthfully. The f'ailure ofthe Defendant to be fully truthful and forthright

at any stage will. at the sole election of the Government. cause the obligations of the

Government within this Agreement to become null and void. Further, it is expressly agreed

that ifthe obligations ofthe Government within this Agreement become null and void due

to the lack oftruthfulness on lhe part ofthe Defendant. the Defendant understands that:

A. the Defendant will not be permitted to withdraw his/her plea of guilty to the
offenses described above:

B. all additional charges known to the Government may be frled in the

appropriate district;

C. the Government will argue for a maximum sentence for the offense to which
the Defendant has pleaded guilty: and

D. the Governmenl willuse any and all information and testimony provided by
the Defendant pursuant to this Agreement, or any prior proffer agreements,
in the prosecution ofthe Defendant ofall charges.

6 The Defendant agrees to submit lo such polygraph examinations as may be requested by

the Govemment and agrees that any such examinations shall be performed by a polygraph

examiner selected by the Covernment. Defendant further agrees that his/her refusal to take

or his/her failure to pass any such polygraph examination to the Government's satisfaction

will result, at the Govemment's sole discretion, in the obligations of the Govemment within

the Agreement becoming null and void.

7 Provided the Defendant cooperates pursuant to the provisions of this Plea Agreement, and

that cooperation is deemed by the Government as providing substantial assistance in the

investigation or prosecution of another person, the Government agrees to move the Couft

for a downward departure or reduction of sentence pursuant to United States Sentencing

l'jage .l of9

t
 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 5 of 9

Commission Guidelines S 5Kl.l, l8 U.S.C. g 3553(e) q Federal Rule of Criminal

Procedure 35(b). Any such motion by the Government is not binding upon the Court. and

should the Court deny the motion, the Defendant will have no right to withdraw his/her

plea.

8 The Defendant agrees to voluntarily surrender to, and not to contest the forfeiture of any

and all assets and property. or portions thereol, which are subject to lorfeiture pursuant to

any provision of law, including but not limited to, property in the possession or control of

the Defendant or Defendant's nominees. Specifically, the Defendant agrees to voluntarily

surrender, and not contest the forfeiture ol property identified in the Information, and any

forfeiture Bill of Particulars.

A. Cash Proceeds / Forfeiture Judqment:

A sum o1'money equal to all proceeds the Defendants obtained directly

or indirectly as the result ofthe offense charged in this lnformation, or
traceable to such property. that is. a minimum ol$609,900.00 in United
States currencl'. and all interest and proceeds traceable thereto.

B. Bank Account

$92,405.50 in lirnds seized fiom Bluevine Bank Account

Account Number: x3 785
In the names of: WT Archive and Lisa Quimby

With regard to each and every assel listed in the lnformation or seized in a related

investigation or administrative. state, or local action. the Defendant stipulates and agrees:

The Defendant agrees and consents to the forfeiture of these assets pursuant to any
lbderal criminal. civil judicial or administrative forfeiture action. The Defendant also
herebv agrees to waive all constitutional, statutory and procedural challenges in any
manner (including direct appeal. habeas corpus. or any other means) to any forfeiture
carried out in accordance with this Plea Agreement on any grounds. including that the
forfeiture described herein constitutes an excessive fine- was not properly noticed in
the charging instrument. addressed by the Court at the time oi the guilty plea,
announced at sentencing. or incorporated into the judgment.

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2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 6 of 9

To its forfe iture herein. if necessary as substitute property u nder 2 I U. S.C. $ 853 (p). as
made applicable by l8 U.S.C. $ 982(b)(l) or any other statute, or in a separate
administrative or civil judicial proceeding.

That the Defendant has or had a possessory interest or other legal interest in each item
or property.

To assist the United States in the recovery of all assels by (i) taking whatever steps are
necessary or requested by the United States to pass clear title to the United States: (ii)
preventing the disbursement ofany moneys and sale ofany property or assets: (iii) not
encumbering or transfening any real estate after the Defendant's signing ofthis Plea
Agreement: and (iv) directing all financial institutions to turn over and surrender to the
United States all tlnds and records regarding accounts listed in any document signed
by the Defendant pursuant to this plea agreement. as criminal proceeds or substitute
propeny.

The Defendant waives all rights to notice offorfeiture under Rule 32.2 and ofany other
action or proceeding regarding such assets. The Def'endant consents and waives all
rights to compliance by the United States with any applicable deadlines under l8
U.S.C. $ 983(a). Any related administrative claim tiled by the Defendant is hereby
withdrawn,

Pursuant to Rule 32.2(bX4), the Defendant agrees that the preliminary order of
lorfeiture will satisly the notice requirement and will be tlnal as to the Defendant at the
time it is entered. In the event the forfeiture is omitted from the judgment. the
Defendant agrees that the tbrfeiture order may be incorporated into the written
judgment at any time pursuant to Rule 36.

Ifthe United States discovers that the Defendant has not f'ully disclosed all assets. the
United States may seek tbrfeiture of any subsequent ly -d iscovered assets, and the
Defendant agrees to the immediate forfeiture ofany such assets,

The Defendant further agrees to make a full and complete disclosure ofall assets over
which Defendant exercises control and those which are held or controlled by nominees.
The Defendant agrees that Federal Rule of Criminal Procedure I I and $ I B I .8 of the
United States Sentencing Commission Guidelines will not protect from forfeiture.
assets disclosed by the Delendant as part olhis,4rer cooperation. The Defendant further
agrees to submit to a polygraph examination on the issue of assets if it is deemed
necessary by the United States.

The Defendant agrees to waive any double jeopardy claims the Defendant may have as
a result ofa forfeiture proceeding against any ofthese properties as provided for by this
Plea Agreement and agrees to waive any claims that the tbrfeiture described herein
constitutes an excessive fine.

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 2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 7 of 9

Forfeiture of the Defendant's assets shall not be treated as satisfaction ofany fine,
restitution, cost of imprisonment, or any other penalty the Court may impose upon the
Def'endant in addition to forf'eiture. The United States may use the value of forfeited
property for restitution, but is not required to do so.

9 The Defendant also agrees to voluntarily transfer all right. title, interest and claim in the

above-described property and/or assets to the United States of America. Furthermore, the

Defendant attests, under penalty of perjury. that the Defendant owns the above-described

property and/or assets free of any liens and encumbrances. and that no oth€r person or

entity has a claim to the above-described property and/or assets.

Merger and Other Provisions

I0 The Defendant represents to the court that she has met with his/her attomey on a sufficient

number ofoccasions and for a sufficient period of time to discuss the Defendant's case and

receive advice; that the Defendant has been truthful with his/her attomey and related all

information ofwhich the Defendant is aware pertaining to the case: that the Defendant and

his attorney have discussed possible dei'enses, if any, to the charges in the Information

including the existence of any exculpatory or f'avorable evidence or witnesses, discussed

the Defendant's right to a public trial byjury or by the Court, the right to the assistance of

counsel throughout the proceedings, the right to call witnesses in the Defendant's behalf

and compel their attendance at trial by subpoena, the right to conliont and cross-examine

the Govemment's witnesses, the Defendant's right to testif in his own behalf, or to remain

silent and have no adverse inferences drawn from hisAer silence; and that the Defendant,

with the advice of counsel, has weighed the relative benefits of a trial by jury or by the

Court versus a plea of guilty pursuant to this Agreement. and has entered this Agreement

as a matter ofthe Defendant's free and voluntary choice, and not as a result ofpressure or

intimidation by any person.

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ll The Defendant is aware that I 8 U.S.C. $ 3742 and28 U.S.C. $ 2255 afford every defendant

certain rights to contest a conviction and/or sentence. Acknowledging those rights. the

Defendant, in exchange for the concessions made by the Government in this Plea

Agreement, waives the right to contest either the conviction or the sentence in any direct

appeal or other post-conviction action, including any proceedings under28 U.S.C. g 2255.

This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial

misconduct, or future changes in the law that affect the Defendant's sentence. This

agreement does not afi'ecl the rights or obligations of the Government as set forth in l8

U.S.C. $ 3742(b). Nor does it limit the Government in its comments in or responses to any

post-sentencing matters.

12 The Defendant waives all rights, whether asserted directly or by a representative, to request

or receive from any department or agency of the United States any records peftaining to

the investigation or prosecution of this case. including without limitation any records that

may be sought under the Freedom of Information Act, 5 U.S.C. $ 552, or the Privacy Act

of 1974,5 U.S.C. $ 552a.

13. The parties hereby agree that this Plea Agreement contains the entire agreement of the

panies: that this Agreement supersedes all prior promises. representations and statements

of the parties; that this Agreement shall not be binding on any party until the Defendant

tenders a plea ofguilty to the court having.jurisdiction over this mattert that this Agreement

may be modified only in writing signed by all parties: and that any and all other promises.

represenlations and stalements, whether made prior to, contemporaneous with or after this

Agreement, are null and void.

l)age 8 oI 9

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2:23-cr-00636-CRI Date Filed 08/14/23 Entry Number 6 Page 9 of 9

fr)
Date Quim

2A'L
Jim \1 u tre
Det-ense Attorney

ADAIR F. BOROL]GHS
I.-]NITED STATES ATTORNEY

b\ TcAq)
Date . Bower ID# II )
Assistant [ ]nited States Attomev

I'.r!o 9 o1 9