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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JENNIFER ELIZABETH MEEHAN,BPR #22932
An Attorney Licensed to Practice Law in Tennessee
(Sandy Springs, South Carolina)
No. M2016-01606-SC-BAR-BP
BOPR No. 2016-2614-0-WM(22.3)
ORDER OF ENFORCEMENT
a
This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 22.3, upon
ional
Notice of Submission filed by Disciplinary Counsel for the Board of Profess
States
Responsibility consisting of a certified copy of the Plea Agreement in the United
matter of
District Court for the Northern District of Alabama, Western Division, in the
Exhibit A)
United States of America v. Jennifer Elizabeth Meehan (attached as
to a
demonstrating that Jennifer Elizabeth Meehan, a Tennessee attorney, has pled guilty
serious crime, i.e., violation of 18 U.S.C. § 1344: Bank Fraud.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
1. Jennifer Elizabeth Meehan is suspended from the practice of law on this
date pending further orders of this Court, pursuant to Tenn. Sup. Ct. R. 9, § 22.3;
2. This matter shall be referred to the Board of Professional Responsibility for
the
the institution of a formal proceeding in which the sole issue to be determined shall be
extent of the final discipline;
3. Jennifer Elizabeth Meehan 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, § 28.11.
PER CURIAM
38 Filed 07/12/16 Page 1 of 19
FILED
Case 7:15-cr-00189-MHH-JHE Document
F t=
EaNI. ALABAMA
JUL 1 2 2016
COUR'PNITEO STATES DISTRICT COURT
IN THE UNITED STATES DISTRICT NORTHERN DISTRICT OF ALAIMIA
BAMA
FOR THE NORTHERN DISTRICT OF ALA
WESTERN DIVISION
UNITED STATES OF AMERICA
V. 7:15-CR-00189-MHEI-JHE
JENNIFER ELIZABETH MEEFIAN
PLEA AGREEMENT
dge the following plea
The Government and defendant hereby acknowle
agreement in this case:
PLEA
FOUR of the
The defendant agrees to (i) plead guilty to COUNT
ioned matter; (ii) pay additional
Indictment filed in the above numbered and capt
consent to an order of forfeiture of
restitution in the amount of $34,815.00, and (iii)
ided to the Government on or
or release of any claim for the $234,648.00 prov
by and through the
about April 4, 2016. In exchange, the United States
es to dismiss COUNTS ONE
undersigned Assistant United States Attorney, agre
HT and recommend the
Through THREE and COUNTS FIVE Through EIG
in paragraphs VII and Val.
disposition specified below, subject to the conditions
Defendant's Initials
16 Page 2 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/
TERMS OF THE AGREEMENT
I. MAXIMUM PUNISHMENT
may
The defendant understands that the maximum statutory punishment that
United States
be imposed for the crime of Bank Fraud, in violation of Title 18,
Code, Section 1344, as charged in COUNT FOUR,is:
a. Imprisonment for not more than 30 years;
b. A fine of not more than $1,000,000 or,
c. Both (a and b);
d. Supervised release of no more than 5 years; and
e. Special Assessment Fee of $100 per count.
II. FACTUAL BASIS FOR PLEA
at
The Government is prepared to prove, at a minimum,the following facts
the trial of this case:
Defendant JENNIFER ELIZABETH MEEHAN(MEEHAN)is a Graduate
Sorority
of the University of Alabama, a former member of the Gamma Phi Beta
Defendant's Initials
Page 2 of 19
Filed 07/12/16 Page 3 of 19
Case 7:15-cr-00189-MHH-3HE Document 38
the Hous e Corporation
(GPBS), and as of August 1, 2011, was the President of
at the University of Alabama.
Board of The Epsilon Lambda chapter of GPBS
house at the
The GPBS was in the process of building a new sorority
ct. MEEHAN was
University of Alabama which was a $14,000,000 proje
all furniture and associated
responsible for coordinating and purchasing any and
.
implements for the sorority house under construction
Tuscaloosa, Alabama
Greek Resource Services(GRS),21 18 8th Street,
manager, and custodian of the
35401, is a contract company who acts as fiduciary,
the University of Alabama,
accounts for multiple fraternities and sororities at
including GPBS.
e Corporation Board
MEEHAN,in her capacity as the President of the Hous
ersity of Alabama, did
of The Epsilon Lambda chapter of GPBS at the Univ
ice to obtain moneys and funds
knowingly and willfully execute a scheme and artif
zens Bank & Trust Company,
owned by or under the custody or control of First Citi
sits of which were then
and Bank of Tuscaloosa financial institutions, the depo
by means of false and
insured by the Federal Deposit Insurance Corporation,
fraudulent pretenses and representations.
LLC.(number
The Defendant submitted a false invoice from "Technion"
ember 23, 2014, causing GRS
98979879)for furniture to GRS for payment on Sept
Defendant's Initials
Page3 of 19
Case 7:15-cr-00189-Mi-11-1-JHE Document 38 Filed 07/12/16 Page 4 of 19
to generate a check from GPBS, drawn on the GPBS account at Bank of
Tuscaloosa, Tuscaloosa, Alabama, payable to TECHNION ACCOUNTS
RECIEVABLE at P.O. Box 251, Villa Rica, GA 30180 for $88,311.60. This
check was given directly to MEEHAN in Tuscaloosa, AL,on September 23,2014.
The Defendant previously purchased a post office box at P.O. Box 251, Villa Rica,
GA 30180, under the business name "Teknion".
On September 26, 2014, MEEHAN opened a business checking account at
First Citizens Bank & Trust Company,9654 Lavonia Road, Carnesville, Georgia,
(Acct # XXXXXXXX9501) under the company name of Technion LLC.
MEEHAN is in no way affiliated with the legitimate Teknion LLC., a New Jersey
based furniture manufacturing company. MEEHAN also submitted an Employer
Identification Number(BIN)for Technion of 58-2011597 and an address of P.O.
Box 251, Villa Rica, GA 30180.
On September 26, 2014, shortly after opening the Technion business
account, MEEHAN deposited the $88,311.60 check into the fraudulently opened
bank account at a different branch of First Citizens Bank & Trust Company
(Account number XXXXXXXX9501)
On October 1, 2014 a representative of First Citizens Bank & Trust
Company,contacted MEEHAN about possible incorrect information on her
Defendant's Initials cc-7'1A,
Page 4 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 5 of 19
account when it was opened. The EIN of58-2011597 that MEEHAN submitted
was actually the EIN of"Advantage Office Solutions" an office furniture business
in Villa Rica, Georgia. On October 6,2014, MEEHAN contacted First Citizens
Bank & Trust Company and provided information to them that the correct EIN
should be 22-3785040 and the correct address should be 401 Fellowship Road,
Mount Laurel, New Jersey. This EIN and address provided by MEEHAN is the
EIN and address of the legitimate Teknion LLC of New Jersey. MEEHAN also
submitted various fraudulent documents, to include a false and fraudulent
"Organizational Resolution ofthe Members of"Teknion" LLC, a Delaware
Limited Liability Company" document to open the account. The "Organizational
Resolution" listed the Chief Financial Officer as Jennifer Meehan, After receiving
these documents, First Citizens Bank changed the account name to Teknion LLC,
Mount Laurel, New Jersey:and changed the defendant's business account EIN to
22-3785040.
MEEHAN further created a false invoice (invoice number 98979987)from
"TECHN1ON LLC",65 Leggett Drive, Villa Rica, GA 30180,payable to
"TECHNION" ACCOUNTS RECIEVABLE,P.O. Box 25I, Villa Rica, GA
30180, in the amount of.S286,740.00, for various articles of furniture.
The Defendant submitted the false invoice(number 98979987)to GRS for
7),
Defendant's Initials
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Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 6 of 19
payment on November 18, 2014, causing GRS to generate a check from GPBS,
drawn on the GPBS account at Bank of Tuscaloosa, Tuscaloosa, Alabama, payable
to TECHNION ACCOUNTS REC1EVABLE for $286,740.00, on or about
November 21, 2014. On November 21, 2014, this check was given directly to
MEEHAN in Tuscaloosa, AL.
On December 12, 2014, MEEHAN deposited the $286,740.00 check into the
fraudulently opened bank account at the Buckhead, Georgia branch of First
Citizens Bank & Trust Company(Acct number X.XXXXXXX9501).
It was further part of the scheme and artifice that MEEHAN,on January 8,
2015, entered the Anderson, South Carolina branch of First Citizens Bank & Trust
Company and wired $175,000 from the "Teknion" First Citizens Bank & Trust
Company(Acct number XXX_XXXXX9501)to her personal business Bank of
America bank account for her personal use. MEEHAN also changed the address
for Teknion LLC. back to 65 Leggett Drive, Villa Rica, GA 30180.
The Defendant and the Government agree that the loss amount in this case is
between $250,000 and $550,000.
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendant's sentence. The defendant further acknowledges that these facts do
Defendant's Initials
flaile 6 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 7 of 19
not constitute all of the evidence of each and every act that the defendant
and/or any co-conspirators may have committed.
RECOMMENDED SENTENCE
Subject to the limitations in paragraph VIII regarding subsequent conduct
and pursuant to Rule 1 1(0(1 )(B), Fed.R.Crim.P,, the government will recommend
the following disposition:
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility;
(b) The applicable offense guideline is Section 2B1.1, resulting in a
Base Offense Level of 7, and that the amount of loss resulting
from the offense of conviction and all relevant conduct is more
than 5250,000 but less than $550,000, resulting in. a 12-level
increase in the Base Offense Level pursuant to Section
2B 1. 1(b)(1 )(G);
(c) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term of 20 months;
(d) That following the said term of imprisonment, the defendant be
Defendant's Initials -'%ifY\
Page 7 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 8 of 19
placed on supervised release for a period to be determined by
the court, subject to the standard conditions ofsupervised
release as set forth in U.S.S.G § 5D1.3.
(e) That the Government will not recommend that defendant be
required to pay a fine;
(t') That the defendant be required to pay restitution in the amount
of $34,815.41 to Greek Resource Services, ordered by the court
on the date sentence is pronounced; and
(g) That the defendant pay a special assessment fee of
$100,said amount due and owing as of the date sentence is
pronounced.
IV. WAIVER OF RIGHT TO APPEAL AND POST-CONVICTION
RELIEF
In consideration of the recommended disposition of this case,
JENNIFER ELIZABETH MEEHAN, hereby waive and give up my right to
appeal my conviction and/or sentence in this case, as well as any fines,
restitution, and forfeiture orders, the court might impose. Further, 1 waive
and give up the right to challenge my conviction and/or sentence, any fines,
restitution, forfeiture orders imposed or the manner in which my conviction
Defendant's Initials
Page 8 of 19
Case 7:15-er-00189-W1H-3HE Document 38 Filed 07/12/16 Page 9 of 19
and/or sentence, any fines, restitution, and forfeiture orders were determined
in any past-conviction proceeding, including, but not limited to, a motion
brought under 28 U.S.C.§ 2255,
The defendant reserves the right to contest in an appeal or post-
conviction proceeding the following:
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s);
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
imposed; and
(e) Ineffective assistance of counsel.
The defendant acknowledges that before giving up these rights, the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendant's case with the defendant's attorney, who explained them to
the defendant's satisfaction. The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute.
I, JENNIFER ELIZABETH MEEHAN,hereby place my signature on
the line directly below to signify that I fully understand the foregoing
Defendant's Initials
Page 9 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 10 of 19
paragraphs, and that I am knowingly and voluntarily entering into this
waiver.
Po ELI ABETH MEEHAN
V. UNITED STATES SENTENCING GUIDELINES
Defendant's counsel has explained to the defendant, that in light of the
United States Supreme Court's decision in United States v. _Booker, the federal
sentencing guidelines are advisory in nature. Sentencing is in the court's
discretion and is no longer required to be within the guideline range. The
defendant agrees that, pursuant to this agreement, the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range, and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt.
VI. AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Court's duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT,and
that the Court is not required to accept the government's recommendation. Further,
Defendant's Initials â11\_.
Page 10 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Piled 07/12/16 Page 11 of 19
the defendant understands that if the Court does not accept the government's
recommendation, the defendant does not have the right to withdraw the guilty plea.
VII. VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendant's plea of guilty in accordance with, or pursuant to, the
provisions of North Carolina v. Alford,400 U.S. 25 (1970), or tender a plea of
nolo contendere to the charges, this agreement will become NULL and VOID. In
that event, the Government will not be bound by any of the terms, conditions, or
recommendations, express or implied, which are contained herein.
VIII. SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal, state, or local law, or
should the defendant say or do something that is inconsistent with acceptance
of responsibility, the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement, but
instead, may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion.
Defendant's Initials
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Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 12 of 19
IX. OTHER DISTRICTS AND JURISDICTIONS
The United States Attorney for the Northern District of Alabama agrees
not to bring further criminal charges against the Defendant related to the
charges and relevant conduct to which she is pleading guilty. The defendant
understands and agrees that this agreement DOES NOT BIND any other United
States Attorney in any other district, or any other state or local authority_
X. COLLECTION OF FINANCIAL OBLIGATION
En order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution, the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control,
directly or indirectly, including those held by a spouse, nominee or other third
party_ The defendant also will promptly submit a completed financial statement to
the United States Attorney's Office, in a form that it provides and as it directs. The
defendant also agrees that the defendant's financial statement and disclosures will
be complete, accurate, and truthful. Finally, the defendant expressly authorizes the
United States Attorney's Office to obtain a credit report on the defendant in order
to evaluate the defendant's ability to satisfy any financial obligation imposed by
the Court.
Defendant's Initials
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Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 13 of 19
XI. AGREEMENT REGARDING RELEVANT CONDUCT AND
RESTITUTION
As part of the defendant's plea agreement, the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts. The
defendant further expressly acknowledges and agrees that the facts underlying the
remaining Counts to which defendant maintains her plea of not guilty may
considered as "relevant conduct." The defendant understands and agrees that the
relevant conduct contained in the factual basiS will be used by the Court to
determine the. defendant's range of punishment under the advisory sentencing
guidelines. The defendant admits that all of the crimes listed in the factual basis
are part of the same acts, scheme, and course of conduct. This agreement is not
meant, however, to prohibit the United States Probation Office or the Court from
considering any other acts and factors which may constitute or relate to relevant
conduct. Additionally, if this agreement contains any provisions providing for the
dismissal of any counts, the defendant agrees to pay any appropriate restitution to
each of the separate and proximate victims related to those counts should there be
any.
Defendant's initials
Page 13 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 14 of 19
XII, TAX,FORFEITURE AND OTHER CIVIL/ADMINISTRATIVE
PROCEEDINGS
Unless otherwise specified herein, the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendant's tax liabilities, if any, or
to any pending or prospective forfeiture or other civil or administrative
proceedings.
The United States for the Northern District of Alabama agrees not seek
forfeiture of any additional property not specifically provided for in this
agreement, and will not seek restitution of any greater amount not specifically
provided for in this agreement.
Defendant recognizes that pleading guilty may have consequences with
respect to her immigration status ifshe is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the
offense(s) to which defendant is pleading guilty. Removal and other immigration
consequences are the subject of a separate proceeding, however, and defendant
understands that no one, including her attorney or the district court, can predict to a
certainty the effect of her conviction on his immigration status. Defendant
nevertheless affirms that she wants to plead guilty regardless of any immigration
consequences that her plea may entail, even ifthe consequence is his automatic
Defendant's Initials
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Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 15 of 19
removal from the United States.
1. The defendant agrees to waive any claim to or forfeit her interest in a
sum of 5234,648.00 in U.S. Currency that was delivered to law enforcement on or
about April 4, 2016, by an attorney representing her and seized by law enforcement
at that time. The Government contends and the defendant does not dispute that this
sum represents proceeds of the offense of conviction and all relevant conduct
The defendant agrees to consent to the immediate entry of an order of
forfeiture for this property and waives the requirements of Federal Rules of
Criminal Procedure 32.2 and 43 regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment. The defendant acknowledges that she understands that
the forfeiture of assets is part of the sentence that may be imposed in this case and
waives any failure by the court to advise her of this, pursuant to Federal Rule of
Criminal Procedure I I at the time her guilty plea is accepted.
3. The defendant further agrees to waive all constitutional and statutory
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 constitutes an excessive fine or punishment.
The defendant agrees to take all steps as requested by the government to pass clear
Defendant's Initials
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Case 7:15-cr-00189-MI-IH-JHE Document 38 Filed 07/12116 Page 16 of 19
title to forfeitable assets to the government, and to testify truthfully in any judicial
forfeiture proceeding. The defendant acknowledges that all property covered by this
agreement is subject to forfeiture as proceeds of illegal conduct,
Non-Abatement of Criminal Forfeiture
The defendant agrees that the forfeiture provisions of this plea agreement are
intended to, and will, survive her, notwithstanding the abatement of any underlying
criminal conviction after the execution of this agreement. The forfeitability of any
particular property pursuant to this agreement shall be determined as if the
defendant had survived, and that determination shall be binding upon the
defendant's heirs, successors, and assigns until the agreed forfeiture, including any
agreed money judgment amount, is collected in full. To the extent that forfeiture
pursuant to this agreement requires the defendant to disgorge wrongfully obtained
criminal proceeds for the benefit ofthe defendant's victims, the defendant agrees
that the forfeiture is primarily remedial in nature.
XIII. DEFENDANT'S UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Nineteen(19) pages. I have discussed the case and my constitutional and other
rights with my lawyer. I am satisfied with my lawyer's representation in this case.
I understand that by pleading guilty, I will be waiving and giving up my right to
Defendant's Initials
Page 16 of 19
Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 17 of 19
continue to plead not guilty, to a trial by jury, to the assistance of counsel at that
trial, to confront, cross-examine, or compel the attendance of witnesses, to present
evidence in my behalf, to maintain my privilege against self-incrimination, and to
the presumption of innocence. I agree to enter my plea as indicated above on the
terms and conditions set forth herein.
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR, OR BY ANYONE ELSE,
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY.
I further state that 1 have not had any drugs, medication,or alcohol within
the past 48 hours except as stated here:
Y-on 4-ickYcLoct0
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto.
Defendant's Initials
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Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 18 of 19
I have personally and voluntarily placed my initials on every page of this
Agreement and have signed the signature line below to indicate that I have read,
understand, and approve all of the provisions of this Agreement, both individually
and as a total binding agreement.
DATE J EL- BETH MEEHAN
De endant
XIV.COUNSEL'S ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my
client of all of my client's rights and all possible defenses. My client has conveyed
to me that my client understands this Agreement and consents to all its terms. I
believe the plea and disposition set forth herein are appropriate under the
facts ofthis case and are in accord with my best judgment. I concur in the entry of
the plea on the terms and conditions set forth herein.
-/2-
DATE
Defendant's Counsel
Defendant's Initials --1011.
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Case 7:15-cr-00189-MHH-JHE Document 38 Filed 07/12/16 Page 19 of 19
XV. GOVERNMENT'S ACKNOWLEDGMENT
1 have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice.
JOYCE WHITE VANCE
United State Attorney
DATE
Assistant United States Attorney
Defendant's Initials SYY1
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