harris-2710-0-plea-agreement.pdf (2017)

Original PDF Document

---

Download Official Record (harris-2710-0-plea-agreement.pdf)

Go to Top

Alternative Accessible HTML

.•
04/28/2017

REaltsm6:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 1 of 12

APR 2 4 20!7
BOARD OF PROFESSIONAL UNITED STATES DISTRICT COURT
RESPONSIBILITY SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

UNITED STATES OF AMERICA

v. CRIMINAL NO. 4: . .c(
RICHARD KENT.HARRIS,
Defendant.

PLEA AGREEMENT

The United States ofAmerica, by andthrough Kenneth Magidson,United States Attorney

for the Southern District of Texas, and Christopher T. Tortorice, Special Assistant United States

Attorney, and the defendant Richard Kent Harris, and the defendant's counsel, pursuant to Rule

11(c)(1)(A) and(C)of the Federal Rules of Criminal Procedure, state that they have entered into

an agreement, the terms and conditions of which are as follows:

Defendant's Agreement

1. Defendant agrees to plead guilty to Count One ofthe nation. Count One charges

Defendant with Conspiracy to Commit Bankrupte Fraud in relation of Title 18, United States

Code, Section 371 and 157. Defendant, by entering this plea, agrees that he/she is waiving any

right to ha' the facts that the law makes essential to the punishment either charged in the

information, or proved to ajury or proven beyond a reasonable doubt.

Punishment Range

2. The statutory maximum penalty for each violation of Title 18, United States Code,

Sections 371 and 157,is imprisonment ofnot more than five(5)years, and a fine ofnot more than

$250,000. Additionally, Defendant may receive a term ofsupervised release after imprisonment

of up to 3 years. Defendant acknowledges and understands that if he/she should violate the

conditions of any period ofsupervised release which may be imposed as Part ofhis/her e
TXI 1
Al 2
l'AYMytADULY,
0/........Va'
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 2 of 12

then Defendant may b6 imprisoned for the entire term of supervised release, without credit for

time already served on the term ofsupervised release prior to such violation. See Title 18, United

Stated Code,sections 3559(a)and 3583(e)(3). Defendant understands that he/she cannot have the

imposition or execution of the sentence suspended, nor is he/she eligible for parole.

Mandatory Special Assessment

3. Pursuant to Title 18, United States Code, section 3013(a)(2)(A), immediately after

sentencing,Defendant will pay to the Clerk ofthe United States District Court a special assessment

in the amount ofone hundred dollars($100.00)per count ofconviction. The payment will be by

cashier's check or money order,payable to the Clerk ofthe United States District Court,do District

Clerk's Office,P.O. Box 61010,Houston,Texas 77208,Attention: Finance,

Immigration Consequences

4. Defendant recognizes that pleading guilty may have consequences with respect to

his/her immigration status ifhe/she is not a citizen of the United States. Defendant understands

that if he/she is not a citizen ofthe United States,by pleading guilty he/she may be removed from

the United States, denied citizenship, and denied admission to the United States in the future.

Defendant's attorney has advised Defendant ofthe potential immigration consequences resulting

from Defendant's plea ofguilty.

Waiver of Appeal and Collateral Review
5. Defendant is aware that Title 28,United States Code,section 1291,and Title 18, United

States Code, section 3742, afford a defendant the right to appeal the conviction and sentence

imposed. Defendant is also aware that Title 28, United States Code,section 2255,affords the right

to contest or "collaterally attack" a conviction or sentence after the judgment of conviction aria

sentence has become final. Defendant knowingly and voluntarily waives the right to appeal or
2
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 3 of 12

"collaterally attack" the conviction and sentence, except that Defendant does not waive the right

to raise a claim ofineffective assistance ofcounsel on direct appeal, If otherwise permitted, or on

collateral review in a motion under Title 28, United States Code, section 2255. In the event

Defendant files, a notice of appeal following the imposition ofthe sentence or later collaterally

attacks his conviction or sentence,the United States will assert its rights under this agreement and

seek specific performance ofthese waivers.

6. Defendant understands and agrees that each and all waivers contained in the Agreement

are made in exchange for the concessions made by the United States in this plea agreement.

The United States' Agreements

7. The United States agrees to each ofthe following:

(a) If Defendant pleads guilty to Count One of the information and persists in
that plea through sentencing, and if the Court accepts this plea agreement, the
United States will move to dismiss any remaining counts of the information at the
time ofsentencing;

(b) If the Court determines that Defendant qualifies for an adjustment under
section 3E1.1(a) ofthe United States Sentencing Guidelines, and the offense level
prior to operation ofsection 3E1.1(a) is 16 or greater, the United States will move
under section 3E1.1(b) for an additional one-level reduction because Defendant
timely notified authorities ofhis or her intent to plead guilty,thereby permitting the
United States to avoid preparing for trial and permitting the United States and the
Court to allocate their resources more efficiently.

(a) Pursuant to Rule 11(c)(1)(C), Federal Rules Criminal Procedure,the United States
agrees to a sentence of imprisonment of 10 months, 5 months of which shall be served
under the terms of home confinement [see: USSG § 5C1.1(d)(2)1; a term of supervised
release of3 years; a fine of$0,and a Special Assessment of$100.

Agreement Binding - Southern District of Texas Only

8. The United States agrees that it will not further criminally prosecute Defendant in the

Southern District of Texas for offenses arising from conduct charged in the information. This

3
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 4 of 12

plea agreement binds only the United States Attorney's Office for the Southern District of Texas

and Defendant. It does not bind any other United States Attorney. The United States will bring

this plea agreement and the MI extent of Defendant's cooperation to the attention of other

prosecuting offices, ifrequested.

United States' Non-Waiver of Appeal

9. The United States reserves the right.to carry out its responsibilities under guidelines

sentencing. Specifically, the United States reserves the right:

(a) to bring its version ofthe facts ofthis case, including its evidence file and
any investigative files, to the attention ofthe Probation Office in connection with
that office's preparation ofa presentence report;

(b) to set forth or dispute sentencing factors or facts material to sentencing;

(c) to seek resolution of such factors or facts in conference with Defendant's
counsel and the Probation Office;

(d) to file a pleading relating to these issues, in accordance with section 6Al.2
of the United States Sentencing Guidelines and Title 18, United States Cod;
section 3553(a); and

(e) to appeal the sentence imposed or the manner in which it was determined.

Sentence Determination

10. Defendant is aware that the sentence will be imposed cater consideration of the United

States Sentencing Guidelines and Policy Statements, which are only advisory, as well as the

provisions ofTitle 18, United States Code,section 3553(a). Defendant is aware that a sentence

has not yet been determined by the Court. The parties understand that the Court may decline to

accept this agreement. If the Court does not accept the agreement, the defendant will be given

the opportunity to withdraw from the plea.

Rights at Trial

4
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 5 of 12

1 1. Defendant understands that by entering into this agreement, he/she surrenders certain

rights as provided in this plea agreement. Defendant understands that the rights of a defendant

include the following:

(a) IfDefendant persisted in a plea ofnot guilty to the charges,defendant would

have the right to a speedy jury trial with the assistance ofcounsel. The trial may

be conducted by a judge sitting without a jury if Defendant, the United States, and

the court all agree.

(b) At a trial,the United States would be required to present witnesses and other

evidence against Defendant. Defendant would have the opportunity to confront

those witnesses and his/her attorney would be allowed to cross-examine them. In

turn, Defendant could, but would not be required to, present witnesses and other

evidence on his/her own behalf. Ifthe witnesses for Defendant would not appear

voluntarily, he/she could require their attendance through the subpoena power of

the court; and

(c) At a trial, Defendant could rely on a privilege against self-incrimination and

decline to testify, and no inference of guilt could be drawn from such refusal to

testify. However, if Defendant desired to do so, he/she could testify on his/her

own behalf.

Factual Basis for Guilty Plea

12. Defendant is pleading guilty because he/she is in fact guilty ofthe charges contained

in Count One of the information. If this ease were to proceed to trial, the United States could

5
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 6 of 12

prove each element of the offense beyond a reasonable doubt. The following facts, among others

would be offered to establish Defendant's guilt:

Defendant, Richard Harris was married to Darlene Riley in approximately 2004. Harris

entered into a contract on June 22,2012 with Jaeger Homes to build a custom home. The contract

with Jaeger Homes was executed by Harris solely, but was community debt since it was executed!

during the course of their marriage. In August 2012, Harris and Riley became embroiled in a

dispute with Jaeger Homes over the design of their house. A breach ofcontract was ruled upon

by an arbitrator on January 11, 2013, awarding damages for Jaeger Homes against Harris for

S54,686.55. Roughly two weeks later Harris and Riley consulted with a bankruptcy attorney.

Harris and Riley lived together as husband and wife until Riley filed for divorce on April

1, 2013. In the months leading up to the divorce filing Harris and Riley made substantial charges

on the American Express card used for their mutual benefit. On February 26, 2013, Riley

withdrew $67,000 from herjoint checking account she shared with Harris and deposited it. into her

own sole checking account.

Following Riley's filing for divorce, a property settlement was entered into between Riley

and Harris. All material assets of the marriage were awarded to Riley, which included a 2004

Jaguar XK8, a 2007 beachcomber boat, a utility trailer, all of their furnishings, 43 paintings,

jewelry, 2012 federal income tax refund, and half of his net federal pension. On June 12, 2013,

Harris also transferred his interest in their homestead by special warranty deed to Riley. On June

3, 2013, the divorce was finalized.

On October 15, 2013, Harris filed for Chapter 7 bankruptcy in the Southern District or

Texas. Harris claimed debts totaling $173,305.19 to American Express, Chase Amazon, Chase

6
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 7 of 12

Freedom, Discover Card,Jaeger Homes and other unsecured debtors. Harris failed to disclose on

his bankruptcy petition the transfer of his homestead interest to Riley, the vehicle transfers, the

sale ofa truck for $5,500,and the $67,000 withdrawal from hisjoint account with Riley. A check

of Riley's bank records found that the $67,000 was spent on mortgage payments and other

household expenses.

Harris and Riley devised a scheme to defraud Jaeger Homes and other creditors ofHarris'.

Riley's transfer of the $67,000 from the joint account with Harris was done to hide those assets

from being used to repay Harris's creditors in the Chapter 7 bankruptcy. All of these acts took

place in the Southern District of Texas.

Breach of Plea Agreement

13. IfDefendant should fail in any way to fulfill completely all of the obligations under

this plea agreement, the United States will be released from its obligations under the plea

agreement, and Defendant's plea and sentence will stand. If at any time Defendant retains,

emiccal:;, or disposes of assets in violation of this plea agreement, or if Defendant knowingly

withholds evidence or is otherwise not completely truthful with the United States, then the United

States may movethe Courtto set aside the guilty plea and reinstate prosecution. Any information

and documents that have been disclosed by Defendant, whether prior to or subsequent to this plea

agrectnent, and all leads derived therefrom, will be used against defendant in any prosecution.

Restitution and Fines — Generally

14, This Plea Agreement is being entered into by the United States on the basis of

Defimdant's express representation that he/she will make a full and complete disclosure of all

t‘;;sts over which he/she exercises direct or indirect control, or in which he/she has any financial

7
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 8 of 12

interest. Defendant agrees not to dispose of any assets or take any action that would effect a

transfer of property in which he/she has an interest, unless Defendant obtains the prior \vritten

permission ofthe United States,

15. Defendant agrees to make complete financial disclosure by truthfully executing a

sworn financial statement(Form OBD-500 or similar form) within 14 days of signing this pica

agreement. Defendant agrees to authorize the release of all financial information requested by

the United States, including, but not limited to, executing authorization forms permitting the

United States to obtain tax information, bank account records, credit histories, and social security

information. Defendant agrees to discuss and answer any questions by the United States relating

to Defendant's complete financial disclosure.

16. Defendant agrees to take all steps necessary to pass clear title to the United States and

to assist fully in the collection ofrestitution, ifordered by the court.

Restitution

17. Defendant agrees to pay full restitution to the victim(s) regardless of the count(s) of

conviction. Defendant understands and agrees that the Court will determine the amount of

restitution to fully compensate the victim(s). Defendant agrees that restitution imposed by the

Court will be due and payable immediately, contingent on his ability to pay, and that Defendant

will not attempt to avoid or delay payment. Subject to the provisions of paragraph 7 above,

Defendant waives the right to challenge in any manner,including by direct appeal or in a collateral

proceeding,the restitution order imposed by the Court.

Fines

18. Defendant understands that pursuant to paragraph 7(c), no fine will be assessed,

8
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 9 of 12

Complete Agreement

19. This written plea agreement,consisting of 12 pages,including the attached addendum

of Defendant and his/her attorney, constitutes the complete plea agreement between the United

States, Defendant, and Defendant's counsel. No promises or representations have been made by

the United States except as set forth in writing in this plea agreement. Defendant acknowledges

that no threats have been made against him/her and that he/she is pleading guilty freely and

voluntarily because he/she is guilty.

20. Any modification ofthis plea agreement must be in writing and signed by all parties.

Filed at Texas, ,2017

chard K. Harris
Defendant

Subscribed and sworn to before me on ilka..E.
1
1 > 207
DAVID J. BRADLEY,Clerk
UNITED STATES DISTRICT CLERK

By: 1
Deputy United States District Cleric

APPROVED:

Kenneth Magidson
1,rif ed Sta e ttorney

.1 .
By: t___ ArAffAvft.._
Christ•p • .Tortonce Richard Kui Jansky
Special Assistant United States Attorney Attorney for Defendant

9
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 10 of :1.2

AA
10
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08/17 Page 11 of 12

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

uNyni.,:o STATES OF AMERICA
V. CRIMINAL NO.

RICHARD KENT HARRIS,
Defendant.

PLEA AGREEMENT — ADDENDUM

I have fully explained to Defendant his/her rights with respect to the pending information.

1 hiivc reviewed the provisions ofthe United States Sentencing Commission's Guidelines Manual

and Policy Statements and I have filly and carefully explained to Defendant the provisions of

those Guidelines which may apply in this case. I have also explained to Defendant that the

Sentencing Guidelines are only advisory. Further, I have carefully reviewed every part of this

plea agreement with Defendant. To my knowledge, Defendant's decision to enter into this

agreement is an informed and voluntary one.

Rieliard Kunia4sky Date
Attorney for Defendant

I have consulted with my attorney and fully understand all my rights with respect to the

infmmation pending against me. My attorney has fully explained, and I understand, all my rights

with respect to the provisions of the United States Sentencing Commission's Guidelines Manual
II
Case 4:17-cr-00070 Document 24 Filed in TXSD on 03/08117 Page 12 of :1.2

which may apply in my case. I have read and carefully reviewed every part ofthis plea agreement

with my attorney. I understand this agreement and I voluntarily agree to its terms.

Richard K.Harris Date
Defendant

12

Go to Top

Assistance Request

Request Accessibility Assistance

Name

Email

Phone

What do you need help with?

The HTML version is missing content

The HTML version contains errors

The reading order is incorrect or confusing

I need help understanding the content

I need a different alternative format

Other

Preferred format

Additional details

Urgency Urgent Soon Not urgent

Go to Top