del-181869.pdf (2014)

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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: SHARON K. ANDERSON, BPR #14584
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)

FILECT
No. M2014-00098-SC-BAR-BP
BOPR No. 2014-2286-9-KH(14) JAN 21 2.014
Clerk of Crt
Rec'd By

[.111rm1

This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 14, upon a
certificate filed by Disciplinary Counsel for the Board of Professional Responsibility
consisting of a certified copy of the Plea Agreement in the United States District Court
for the Western District of Tennessee, Western Division, in the matter of United States of
America v. Sharon K Anderson (attached as Exhibit A) demonstrating that Sharon K.
Anderson, a Tennessee attorney, has pled guilty to a serious crime, i.e., fraudulent
transmission of money in violation of 18 U.S.C. § 2314.

It is therefore, ordered, adjudged and decreed by the Court that:

1. Sharon K. Anderson is suspended from the practice of law on this date
pending further orders of this Court, pursuant to Tenn. Sup. Ct. R. 9, § 22 (as amended
effective January 1, 2014);

2. This matter shall be referred to the Board of Professional Responsibility for
the institution of a formal proceeding in which the sole issue to be determined shall be the
extent of the final discipline to be imposed as a result of the conviction by the Guilty
Plea;

3. Sharon K. Anderson shall fully comply with the provisions of Tenn. Sup.
Ct. R. 9, § 28, concerning disbarred or suspended attorneys; and

4. The Board of Professional Responsibility shall cause notice of this
suspension to be published as required by Tenn. Sup. Ct. R. 9, § 28.

FOR THE COURT:

CORNELIA A. CLARK, JUSTICE
bi
c1
M.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

UNITED STATES OF AMERICA, *

Plaintiff, *

V. * Cr. No. J-C'Z-'

SHARON K. ANDERSON,

Defendant.

PLEA AGREEMENT

The defendant, Sharon K. Anderson, (the "Defendant") represented by Leslie I.

Baum; and the United States (also referred to as the "Government"), represented by John
D. Fabian, Assistant United States Attorney; have reached the following plea agreement

that constitutesthe entire agreement between the parties. Any issues not specifically

addressed by this plea agreement shall be resolved by the Court in accordance with the

applicable statutes, guidelines, rules and case law.

1. The Defendant agrees:

a. To waive her right to trial by jury and enter a voluntary plea of guilty to
the Information charging her with fraudulent transmission of money in
violation of Title 18, United States Code, Section 2314;

b. That she is pleading guilty freely and voluntarily because he is guilty;

C. That except with respect to claims of ineffective assistance of counsel
or prosecutorial misconduct, she waives her rights to challenge the
sufficiency or the voluntariness of her guilty plea on direct appeal or in
C' any collateral attack;

d. That, acknowledging that Title 18, United States Code, Section 3742
gives her the right to appeal the sentence imposed by the Court, the
Defendant knowingly and voluntarily waives her right to appeal any
sentence imposed by the Court and the manner in which the sentence

Exhibit A
is determined as long as the sentence is within the advisory guideline
range or below;

e. That she has discussed the appeal waiver set forth in this agreement
with her attorney and further agrees, together with the United States,
to request that the Court enter a specific finding that the Defendant's
waiver of her right to appeal the sentence to be imposed in this case
was knowing and voluntary;

f. To pay the $100 mandatory special assessment for the count to which
she is pleading guilty to the United States District Court Clerk following
entry of her guilty plea, and to provide counsel for the United States
with evidence of payment prior to sentencing; and

g. That this plea agreement constitutes the entire agreement between
herself and the United States,

2. The United States agrees:

a. To dismiss the indictment in Criminal Case No. 13-20005 after the
Defendant is sentenced on the information charging her with a
violation of Title 18, United States Code, Section 2314.

b. To recommend the maximum reduction as set forth by United States
Sentencing Guidelines Section 3E1.1 if the Defendant: (1) continues
to demonstrate an acceptance of responsibility up until, and including,
the time of sentencing; and (2) does not receive any enhancement for
obstruction of justice.

C. That the Defendant may withdraw this guilty plea if the Court rejects
the Parties' agreements set forth at Paragraphs 3(a) and 3(b).

3. The Parties agree that:

a. It is the Parties' understanding that, for purposes of United States
Sentencing Guidelines Section 2131. 1 (b)(1), the loss in the case does
not exceed $200,000. Based on this understanding, the Parties agree
that the loss in this case does not exceed $200,000; and

b. Because of the temporal distance between the conduct charged in
Criminal Case No. 13-20005 and the conduct charged in the
Information to which the Defendant is pleading guilty, and because of
the different nature of the conduct charged in Criminal Case No. 13-
20005 and the conduct charged in the Information to which the
Defendant is pleading guilty: the conduct in Criminal Case No. 13-
20005 is not relevant conduct for purposes of the Defendant's
sentencing on the conduct charged in the information.

2
4. The Defendant acknowledges that she has been advised and fully
understands that if the Government determines that the Defendant has
committed or attempted to commit any additional criminal offense or engaged
in any conduct that obstructs or Impedes justice or fails to make any court
appearance in this case, from the date of the Defendant's signing of this plea
agreement to the date of the Defendant's sentencing, or if the Defendant
attempts to withdraw this plea, the Government would be released from all
obligations in this agreement. Such conduct by the Defendant would not
release the Defendant from this plea of guilty.

5. By signing this document, the Defendant acknowledges that she has read
this agreement and/or has had the agreement read to her, has discussed it
with her attorney, and understands it.

For the United States:

EDWARD L. STANTON, ill
United Siet

John DF)2 bian
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Date
Assistanitinited States Ajoiey

Fort e f dant:

/
LEtj,Ej>.PAKIN Date
c tDefendant

S -bRØK?ANDERSON Date
Def.Iant

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