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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: GARRY CHRISTOPHER FORSYTHE,BPR #20460
An Attorney Licensed to Practice Law in Tennessee
(Sumner County)

FILED
No. M2016-00044-SC-BAR-BP
BOPR No. 2015-2527-6-WM(22.3) JAN 1 2 2016
Clerk of the Courts
Flec'd By
ORDER OF ENFORCEMENT

This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 22.3, upon a
Notice of Submission 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 Middle District of Tennessee, Nashville Division, in the matter of
United States ofAmerica v. Gaily Christopher Forsythe (attached as Collective Exhibit
A) demonstrating that Garry Christopher Forsythe, a Tennessee attorney, has pled guilty
to a serious crime, i.e., violation of 18 U.S.C. § 1343: wire fraud.

On October 26, 2009, Mr. Forsythe was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2009-02195-SC-BPR-BP). On
September 7, 2010, Mr. Forsythe was administratively suspended for failure to comply
with continuing legal education requirements. On December 3, 2010, Mr. Forsythe was
administratively suspended for failure to pay Professional Privilege Tax. To date, Mr.
Forsythe has not requested, nor been granted reinstatement.

IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:

1. Garry Christopher Forsythe is suspended from the practice of law on this
date pending further orders ofthis Court, pursuant to Tenn. Sup. Ct. R. 9,§ 22.3;

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 ofthe final discipline;

3. Further, the Order of Temporary Suspension entered on October 26, 2009,
in Case No. M2009-02195-SC-BPR-BP, the administrative suspension of September 7,
2010, for failure to comply with continuing legal education requirements, and the
administrative suspension of December 3, 2010, for failure to pay Professional Privilege
Tax, shall remain in effect until further orders of this Court.

4. Garry Christopher Forsythe shall fully comply with the provisions of Tenn.
Sup. Ct. R.9,§ 28,concerning suspended attorneys; and

5. 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

2
"VA) CERTIFi
A 'TRUE COPY
Clerk
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE U.S. Did:14.i Cowl
Tennessea
NASHVILLE DIVISION
By
apuiy Clerk
UNITED STATES OF AMERICA

v. Case No.3:13-cr-00004
Judge Trauger
GARRY CHRISTOPHER FORSYTHE )

PETITION TO ENTER A PLEA OF GUILTY

I, Garry Christopher Forsythe,respectfully represent to the Court as follows:

(1) My true full name is Garry Christopher Forsythe and I declare that all
, : .lee.n
proceedings
against me be had in that name. I was born on p- -
73 and completed siaveptaen(19)
years offormal education.

(2)My retained lawyer is Mark Scruggs,Esq.

(3)I have received a copy of the indictment before being called upon to plead and have
read and discussed it with my lawyer, and believe and feel that I understand every accusation
made against me in the indictment.

(4) I have told my lawyer the facts and surrounding circumstances concerning the
matters mentioned in the indictment and believe and feel that my lawyer knows as much about
this as I do. My lawyer has counseled and advised with me as to the nature and cause of every
accusation against me. We have thoroughly discussed the government's case against me and my
potential defenses to the government's case. My lawyer has explained each element of the
crimes charged to me and what the government would offer to prove these elements beyond a
reasonable doubt.

(5) I understand that the statutory penalty for the offense with which I am charged is as
follows:

Counts One-Six (Wire Fraud, 8 U.S.C. § 1343; imprisonment for not more than
20 years); Counts Seven -Nine ank Fraud, 18 U.S.C. § 1344; imprisonment for
not more than 30 years); a $250, 00.00 fine, a three (3) year term of supervised
release and a $100.00 s ecial assessment. ..4c(7. A
„.,..e.
Cet
i
(6) I have been advised that I will be sentenced under the sentencing provisions of the
Comprehensive Crime Control Act of 1984:Specifically, I will be sentenced pursuant to the
statutorily established sentencing factors enumerated at 18 U.S.C. § 3553(a). I understand that
the Sentencing Guidelines established by the United States Sentencing Commission are

Case 3:13-cr-00004 Document 46 Filed 12/11/15 Page 1 of 6 PagelD # Collective
Exhibit A
specifically included as one of several components of the Court's sentencing considerations. I
also understand that the Court must treat the United States Sentencing Guidelines as merely
advisory and that the Court may or may not impose a sentence within the guideline range after
taking into consideration each of the factors set forth in 18 U.S.C. § 3553(a).1 I also understand
that, if the Court fails to follow, improperly or unreasonably applies the statutory sentencing
factors set forth at 18 U.S.C. §3553(a)(specifically including the Guidelines), I have a right to a
review of my sentence by the United States Court of Appeals for the Sixth Circuit within the
limits ofthe plea agreement. I have been advised by my attorney that the guideline range in my
case should be forty-one(41)to fifty-one(51)months.I realize that this is simply my attorney's
estimate and that my final guideline range will be calculated by the United States Probation
Officer who prepares the presentence report in my case, subject to challenge by either me or the
government with the final guideline calculation based upon the factual and legal findings of the
Court. These findings are subject to appeal within the limits ofthe plea agreement.

(7) I further understand that in addition to any sentence of incarceration I receive that I
will be sentenced to a period ofsupervised release. If I am charged with more than one offense I
understand that the sentencing guidelines take this into consideration and may result in a longer
sentence whether or not I plead guilty to more than one offense. I have been informed that under
the present federal sentencing system I will not be subject to parole and I will receive only 54
days good time per year and it will not vest until the end of each year. I further understand that I
will be sentenced to a mandatory fine to be calculated through the guidelines unless the Judge
finds. me indigent and unable to pay any fine. Considered in this fine will be the amount of
financial loss to the victim or gain to me as well as the costs of any confinement or probation
supervision.

(8) I understand that should this plea of guilty be accepted, I will be a convicted felon in
the eyes ofthe law for the rest ofmy life. This means, under present law that(a)I cannot vote in
Tennessee;(b) I cannot possess a firearm anywhere;(c)If I am presently on probation or parole
whether state or federal, the fact that I have been convicted may be used to revoke my probation
or parole regardless of what sentence I receive on this case;(d)This conviction may be used as
one ofthe necessary convictions a state would have to prove should they decide to prosecute me
for being an habitual criminal. If I were convicted of being an habitual criminal I could be
sentenced up to life imprisonment depending on state law;(e)I may have to disclose the fact that
I am a convicted felon when applying for employment and such disclosure may result in my not
getting somejobs and having difficulty in getting others. IfI have been convicted of certain drug
offenses, my conviction may result in my losing entitlement to certain federal benefits pursuant
to the Anti-Drug Abuse Act of 1988.

(9) I understand that I can plead "NOT GUILTY" to any or all offenses charged against
me, and continue to plead "NOT GUILTY", and that if I choose to plead not guilty, the
Constitution guarantees me (a) the right to a speedy and public trial by jury;(b)the right not to

• 'In light of the U.S. Supreme Court's decision in United States v. Booker, 543 U.S.
220(2005), the U.S. Sentencing Guidelines are effectively advisory, requiring a sentencing court
to consider Guidelines ranges, see 18 U.S.C. § 3553(a)(4), but permitting it to tailor the sentence
in light of other statutory concerns,see 18 U.S.C. § 3553(a).
2

Case 3:13-cr-00004 Document 46 Filed 12/11/15 Page 2 of 6 PagelD #: 96
testify and no implication of guilt would arise by my failure to do so;(c)the right to be presumed
innocent until such time, if ever, that the government proves my guilt beyond a reasonable doubt
to the satisfaction of a court and jury;(d)the right to see and hear all the witnesses and to cross-
examine any witness who may testify against me;(e) the right to use the power and process of
the court to compel the production of any evidence,including the attendance of any witnesses, in
my favor; and to testify in my own behalfifI choose to do so;(f)the right to have the assistance
of counsel in my defense at all stages ofthe proceedings;(g)ifI am convicted at such trial I have
the right to appeal with a lawyer to assist me and the appeal will not cost me any money if I am
indigent. I understand that if the Court accepts my plea that there will be no jury trial and that I
will be convicted of the count(s) to which I plead just as if a jury found me guilty of the
charge(s)following a trial and that the Court may impose sentence upon me within the limits set
forth in the plea agreement stated in paragraph(10)herein.

(10) No officer or agent of any branch of government (federal, state or local), nor any
other person, has told me what sentence I will receive. If there are any agreements between
myself and my lawyer and the prosecution concerning my plea they are fully set forth in
paragraph (13) below. I understand that even with a plea agreement no person can bind the
Judge to give any particular sentence in my case and that if the Judge decides to reject the plea
agreement set forth in paragraph (13) below I will be offered the opportunity to withdraw my
plea and plead not guilty, if I desire unless the government has only agreed to recommend a
sentence to the Court(Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure). I hope to
receive probation or some form of leniency but I am prepared to accept any punishment
permitted by law which the Judge may see fit to impose. However,I respectfully request that the
Judge consider in mitigation of punishment at the time of sentencing the fact that by voluntarily
pleading "GUILTY" I have saved the government and the court the expense and inconvenience
of a trial. [Federal Rules of Criminal Procedure. Rule 32(a)(1)]. I understand that if the Judge
decides to make a recommendation about where I should serve any incarceration, or whether any
sentence of incarceration should be concurrent with any state time I am already serving, that the
recommendation is not a promise or a guarantee, but only a recommendation and is not binding
on the Bureau ofPrisons which will make the final decision (after I am sentenced) about where I
will be incarcerated or whether my sentence will be concurrent (unless the judge does not
recommend concurrent or orders it to be consecutive) with any state time.

(11) My lawyer has done all that anyone could do to counsel and assist me, and I
understand the proceedings in this case against me. My lawyer has done all the investigation and
research in this case that I have asked him to do and I am satisfied with his representation at this
point.

(12) I fully understand my rights to plead "NOT GUILTY" and fully understand the
consequence of my plea of guilty, I wish to plead "GUILTY" and respectfully request the Court
to accept my plea as follows: Plea of Guilty to Counts One and Three of the Indictment. Upon
acceptance ofthe plea agreement, Count Two shall be dismissed.

(13) This plea is a result of a plea agreement between my lawyer and the prosecution
under the provisions ofRule 11 (c)(1)(B)ofthe Federal Rules of Criminal Procedure.

3

Case 3:13-cr-00004 Document 46 Filed 12/11/15 Page 3 of 6 PagelD #: 97
The particularized terms and conditions of the plea agreement are
contained in the attached "Plea Agreement" prepared by Assistant
United States Attorney William F. Abely, 11.

(14) I offer my plea of"GUILTY" freely and voluntarily and of my own accord; also my
lawyer has explained to me, and I feel and believe I understand, the statements set forth in the
indictment, and in this petition, and in the "Certificate of Counsel" which is attached to this
petition.

(15) 1 am not under the influence of either drugs or alcohol.

(16) I pray the Court to enter now my plea of"GUILTY" as set forth in paragraph (12)of
this petition, in reliance upon my statements made in this petition.

(17) Recognizing that the Court may reserve acceptance of this plea pending the receipt
of the pre-sentence report, I hereby waive the provisions of Rule 32 F.R.Cr.P. to the extent that
such provisions conflict with 18 USC 3552(d), and agree that the pre-sentence report may be
disclosed to the U.S. Attorney, my counsel and myself, prior to the sentencing hearing.

Signed by me in open court under the penalties of perjury in the presence of my lawyer,
this theT day of December,2015.

Garry liristoph iorsyth

4

Case 3:13-cr-00004 Document 46 Filed 12/11/15 Page 4 of 6 PagelD #: 98
ACKNOWLEDGMENT OF GOVERNMENT ATTORNEY

The maximum punishment, plea and plea agreement are accurately stated above.

William F. Abely, H
fu Assistant United States Attorney

• CERTIFICATE OF COUNSEL

The undersigned, as attorney and counselor for Garry Christopher Forsythe,
hereby certify as follows:

(1) I have read and fully explained to Garry Christopher Forsythe all .the
accusations against him in this case;

(2) To the best of my knowledge and belief each statement set forth in the
foregoing petition is in all respects accurate and true;

(3) In my opinion the plea of "GUILTY" as offered by Garry Christopher
Forsythe in paragraph (12) of the foregoing petition, is voluntarily and understandingly
made; and I recommend to the Court that the plea of"GUILTY" be accepted and entered
as requested in paragraph(12)ofthe foregoing petition.

,geed in open court in the presence of Garry Christopher Forsythe this
// day of December,2015.

Mark Scruggs,ESQ.
Attorney for Defendant

5
Case 3:13-cr-00004 Document 46 Filed 12/11/15 Page 5 of 6 PagelD #: 99
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

UNITED STATES OF AMERICA

v. ) Case No.3:13-cr-00004
Judge Trauger
GARRY CHRISTOPHER FORSYTHE )

ORDER

Good cause appearing therefore from the foregoing petition of the foregoing

named defendant and the certificate of his counsel and for all proceedings heretofore had

in this case, it is ORDERED that the petition be granted and the defendant's plea of

"GUILTY" be accepted and entered as prayed in the petition and as recommended in the

certificate of counsel,

Done in open court this day of t 201

ALETA TRAUGER
United States District Judge

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Case 3:13-cr-00004 Document 46 Filed 12/11/15 Page 6 of 6 PagelD #: 100
ATIELT AND CERTIFY
TRUE COPY.
UNITED STATES DISTRICT COURT Clark
MIDDLE DISTRICT OF TENNESSEE u.s. District Court
NASHVILLE DIVISION ddle Dig

UNITED STATES OF AMERICA spuly Clerk

No. 3:13-cr-00004
v. Judge Aleta A.Trauger

GARRY CHRISTOPHER FORSYTHE

PLEA AGREEMENT

The United States of America, through David Rivera, United States Attorney for the

Middle District of Tennessee, and Assistant United States Attorneys William F. Abely and Cecil

W. VanDevender, and defendant, Garry Christopher Forsythe, through defendant's counsel,

Mark C. Scruggs, pursuant to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure, have

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

Charges in This Case

1. Defendant acknowledges that he has been charged in the indictment in this case

with wire fraud and bank fraud.in violation of Title 18, United States Code Sections 1343 and

1344.

2. Defendant has read the charges against him contained in the indictment, and those

charges have been fully explained to him by his attorney. Defendant fully understands the nature

and elements ofthe crimes with which he has been charged.

Charge to Which Defendant is Pleading Guilty

3. By this Plea Agreement, defendant agrees to enter a voluntary plea of guilty to

Count One of the indictment, charging wire fraud. In addition, as further provided below,

defendant agrees to the entry of a forfeiture judgment. After sentence has been impOsed on the

Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 1 of 16 PagelD #: 101
count to which defendant pleads guilty as agreed herein, the government will move to dismiss

the remaining counts ofthe indictment.

Penalties

4. The parties understand and agree that the offense to which defendant will enter a

plea of guilty carries the following maximum penalties: 20 years ofimprisonment, a fine of up to

$250,000, and three years of supervised release. Defendant further understands that the Court

must order restitution to the victims of the offense in an amount determined by the Court.

Defendant also understands that as a result of his offense, he is subject to forfeiture of property

as alleged in the indictment.

Acknowledgements and Waivers Regarding Plea of Guilty

Nature ofPlea Agreement

5. This Plea Agreement is entirely voluntary and represents the entire agreement

between the United States Attorney and defendant regarding defendant's criminal liability in.

case 3:13-cr-00004,

6. Defendant understands that by pleading guilty he surrenders certain trial rights,

including the following:

a. If defendant persisted in a plea of not guilty to the charges against him, he

would have the right to a public and speedy trial. Defendant has a right to a jury trial, and the

trial would be by a judge rather than a jury only if defendant, the government, and the Court all

agreed to have no jury.

b. If the trial were a jury trial, the jury would be composed of twelve

laypersons selected at random. Defendant and his attorney would have a say in who the jurors

would be by removing prospective jurors for cause, or without cause by exercising so-called

2

Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 2 of 16 PagelD #: 102
peremptory challenges. The jury would have to agree unanimously before it could return a

verdict of either guilty or not guilty. The jury would be instructed that defendant is presumed

innocent; that the government bears the burden of proving defendant guilty of the charges

beyond a reasonable doubt; and that it must consider each count of the indictment against

defendant separately.

c. If the trial were held by the judge without a jury, the judge would find the

facts and determine, after hearing all the evidence, whether or not the judge was persuaded of

defendant's guilt beyond a reasonable doubt.

d. At a trial, whether by a jury or a judge,the government would be required

to present its witnesses and other evidence against defendant. Defendant would be able to

confront those government witnesses and his attorney would be able to cross-examine them. In

turn, defendant could present witnesses and other evidence on his own behalf. If the witnesses

for defendant would not appear voluntarily, he could require their attendance through the

subpoena power ofthe Court.

e. At a trial, defendant would have a privilege against self-incrimination so

that he could testify or decline to testify, and no inference of guilt could be drawn from his

refusal to testify.

7. Defendant understands that by pleading guilty he is waiving all of the trial rights

set.forth in the prior paragraph. Defendant's attorney has explained those rights to him, and the

consequences of his waiver ofthose rights.

Factual Basis

8. Defendant will plead guilty because he is in fact guilty of the charge contained in

Count One of the indictment. In pleading guilty, defendant admits the following facts and that

3

Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 3 of 16 PagelD #: 103
those facts establish his guilt beyond a reasonable doubt and establi
sh a basis for forfeiture of
the property described elsewhere in this Plea Agreement:

a. Defendant was an attorney licensed to practice law in Tennessee and
was a
resident of Hendersonville, Tennessee.

b. Defendant owned and operated Forsythe Title and Escrow Services,
Inc.
("Forsythe Title"), a real estate closing company and title insurance agent.
Forsythe Title
was headquartered in Hendersonville and also had offices in Nashvil
le, Brentwood,
Clarksville, and other middle Tennessee locations.

c. As a real estate closing company, Forsythe Title received money
from
buyers of real properties and from mortgage lenders financing
the purchase of
properties. Forsythe Title acted as the settlement agent, and the money
provided by
buyers and lenders to Forsythe Title was intended to be deposited into an
escrow account
and to be used only to pay the expenses of closing the particular real
estate transaction.
Defendant had a fiduciary duty to maintain such funds in escrow
and to use them only to
pay the expenses of closing the real estate transaction for which
those funds had been
provided.

d. At various points in time, shortages developed in several escrow
accounts
operated by Forsythe Title.

e. Defendant, as owner and operator of Forsythe Title, was aware
of the
shortages in escrow funds, and failed to disclose this shortage to
buyers and lenders that
provided funds to Forsythe Title.

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Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 4 of 16 PagelD #:
104
f. As a result of the escrow shortages, funds provided by buyers and lenders

to be used on a particular real estate closing were instead used by Forsythe Title
to pay
the expenses for unrelated real estate closings, or for other purposes.

g. Had this case gone to trial, the Government would have proven that buyers

and lenders would not have provided funds to Forsythe Title to be held in escrow
ifthey
had known that there was a shortage of funds in any Forsythe Title escrow account,
or if
they had known that the funds provided to Forsythe Title would be used
to pay the
expenses for unrelated real estate closings.

h. Forsythe Title was able to continue operating despite the shortage of

escrow funds while the real estate market remained strong, as Forsythe Title continu
ed to
receive additional funds from buyers and lenders that could be used to cover the shortfall.

Most of the buyers and lenders that sent funds to Forsythe Title did not suffer
any.direct
financial harm due to the shortage of escrow funds, as Forsythe Title was able
to use
newly-obtained escrow funds to pay the expenses associated with real estate
closings as
they occurred. However, when the real estate market weakened in and around
2007, the
flow of new escrow funds to Forsythe Title slowed, and Forsythe Title lacked
the funds
to pay the closing expenses of various buyers and lenders that had already
provided
funds.

i. One consequence of the Forsythe Title escrow account shortages was that

certain checks that had been written on a Forsythe Title escrow account to
pay expenses
relating to real estate transactions — including checks to finalize home purchas
es and to
satisfy mortgages — were returned due to insufficient funds.

S
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 5 of 16 PagelD #: 105
j. Lawyers Title Insurance Corporation ("Lawyers Title") issued the title

insurance policies for which Forsythe Title operated as the agent. In January 2008,

Lawyers Title sought appointment for a receiver to take over operation of Forsythe Title.

Following the appointment of a receiver by the Chancery Court for Sumner
County,
Tennessee and an accounting of the escrow shortages, Lawyers Title paid out more
than
$2,500,000 to buyers and lenders that had provided money to Forsythe Title to
be used
for the expenses of closing real estate transactions.

k. Had this case gone to trial, the Government would have proven that

defendant had participated in the concealment ofthe Forsythe Title escrow shortages,
that
defendant had caused interstate wires to be used to facilitate the transfer of funds to and

from Forsythe Title's escrow accounts, and that defendant knew that funds provide
d by
some buyers and lenders were used by Forsythe Title to pay expenses for unrelated real

estate transactions,

1. Had this case gone to trial, the Government would have proven that a

credit union had transferred $221,892.78 via interstate wire to a Forsythe Title
escrow
account on or about January 3, 2008,

m. The total amount ofthe shortages across the escrow accounts operated by

Forsythe Title was at least $2,249,294.80.

This statement of facts is provided to assist the Court in determining whether
a
factual basis exists for defendant's plea of guilty and criminal forfeiture. The statemen
t of
facts does not contain each and every fact known to defendant and to the United
States
concerning defendant's and/or others' involvement in the offense conduct and
other
matters.

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Sentencing Guidelines Calculations

9. The parties understand that the Court will take account • of the United States

Sentencing Guidelines (hereinafter "U.S.S.G."), together with the other sentencing factors set forth

at .18 U.S.C. § 3553(a), and will consider the U.S.S.G. advisory sentencing range in imposing

defendant's sentence. The parties agree that the U.S.S.G. to be considered in this case are those

effective November 1, 2015.

10. For purposes of determining the U.S.S.G. advisory sentencing range, the United

States and defendant recommend to the Court, pursuant to Rule 11(c)(1)(B), the following:

a. Offense Level Calculations.

i. The base offense level for the count of conviction is 7, pursuant to

U.S S.G. § 2B1.1(a).

i. Because the amount of loss associated with this offense is more

than $1,500,000 but not more than $3,500,000, the offense level is increased by

16 levels pursuant to U.S.S.G. § 2B1.1(b)(1).

ii. Because the defendant abused a position oftrust and used a special

skill in a manner that significantly facilitated the commission or concealment of

the offense, the offense 'level is increased by 2 levels pursuant to U.S.S.G. §

3B1.3.

iii. Assuming defendant clearly demonstrates acceptance ofresponsibility,

to the satisfaction of the government, through his allocution and subsequent conduct

prior to the imposition ofsentence, a 2-level reduction will be warranted, pursuant to

U.S.S.G. § 3E1.1(a). Furthermore, assuming defendant accepts responsibility as

described in the previous sentence, the United States will move for an additional one-

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Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 7 of 16 PagelD #: 107
level reduction pursuant to U.S.S.G § 3E1.1(b), because defendant will have given

timely notice of his intention to enter a plea of guilty, thereby permitting the

government to avoid preparing for trial and permitting the government and the Court

to allocate their resources efficiently.

iv. The parties agree to disagree as to whether a downward departure

may be appropriate pursuant to U.S.S,G. § 5H1.3 or any other provision within

U.S.S.G. Chapter 5. The parties agree that whether any such departures apply

will be determined by the Court at sentencing.

11. Defendant understands that the offense level as ultimately determined by the

Court (the "court-determined offense level") may differ from the offense level that would result

from the foregoing guideline calculations recommended by the parties. Defendant likewise

understands that the guidelines range as ultimately determined by the Court (the "court-

determined guidelines range") will be based on the court-determined offense level, even if it

differs from the offense level that would result from the guideline calculations recommended by

the parties.

12. Defendant is aware that any estimate of the offense level or guidelines range that

defendant may have received from defendant's counsel, the United States, or the U.S. Probation

Office is a prediction, not a promise, and is not binding on the U.S. Probation Office or the

Court. Defendant understands that the Probation Office will conduct its own investigation and

make its own recommendations, that the Court ultimately determines the facts and law relevant

to sentencing, that the Court's determinations govern the final guidelines calculations, and that

the Court determines both the final offense level and the final guidelines range. Accordingly,the

validity of this agreement is not contingent upon the Probation Officer's or the Court's

8
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 8 of 16 PagelD #: 108
concurrence with the calculations reflected above in Paragraph 10. In the event that the
U.S.
Probation Office or the Court contemplates any U.S.S.G. adjustments, departures, or calculati
ons
different from those recommended above, the parties reserve the right to answer any inquiries

and to make all appropriate arguments concerning the same. Defendant further acknowledges

that if the Court does not accept the U.S.S.G. recommendations of the parties, defendant will

have no right to withdraw his guilty plea.

Agreements Relating to Sentencing

13. Defendant is free to recommend whatever sentence he deems appropriate.

14. The Government agrees not to recommend any sentence ofimprisonment above the

low end of the court-determined guidelines range. For example, ifthe court-determined guideline
s
range is 41-51 months, the Government agrees not to recommend any sentence of imprisom
nent
above 41 months.

15. It is understood by the parties that the Court is neither a party to nor bound by

this Plea Agreement and, after consideration of the U.S.S.G., may impose the maximu
m
penalties as set forth above. Defendant further acknowledges that if the Court does not accept

the sentencing recommendation of the parties, defendant will have no right to
withdraw his
guilty plea. Similarly, defendant understands that any recommendation.by the Court
related to
location ofimprisonment is not binding on the Bureau ofPrisons.

16. Regarding restitution, the parties acknowledge that, pursuant to Title 18, United

States Code, Section 3663A, the Court must order defendant to make restitution and
that the Court
will determine the appropriate amount of restitution. Unless the Court orders otherwis
e, restitution
shall be due immediately.

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Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 9 of 16 PagelD #: 109
17. Defendant agrees to pay the special assessment of $100 at or before the time
of
sentencing to the ClCrk ofthe U.S.District Court,

Forfeiture in the Form ofa Money Judgment

18. The indictment alleges that defendant is liable to the United States to forfeiture
of
funds that constitute proceeds ofthe violation alleged in Count One ofthe indictme
nt. By entry of a
guilty plea to Count One of the indictment, Defendant acknowledges that these funds
are subject to
forfeiture.

19. Defendant agrCes that, as a result of his acts and omissions, the proceeds of
his
crimes of conviction which are subject to forfeiture have been transferred to third
parties, and
that the United States is entitled to forfeiture of substitute property in the
form of a money
judgment.

20. Defendant agrees to the entry of an order of forfeiture Consisting of
a. money
judgment in the amount of$2,249,294.80.

21. Defendant and the United States agree that any payment voluntary made
toward
the restitution will reduce the money judgment accordingly, and Defendant
will cooperate and
assist the United States in its efforts to recover the proceeds ofthe crime.

22. Defendant understands that forfeiture of this property shall not be treated
as
satisfaction of any fine, cost ofimprisonment, or any other penalty the
Court may impose upon
defendant in addition to the forfeiture judgment. However, the parties
understand that any
assets located through the forfeiture process will be applied through restitut
ion to the victim in
the manner accorded by Title 18, United States Code, Section 3664 and the
forfeiture will be
reduced accordingly. •

10 •
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 10 of 16 PagelD
#: 110
23. Defendant further authorizes the U.S. Probation Office to release the Presentence

Investigative Report and all financial documents pertaining to Defendant to the Asset Forfeiture

Unit ofthe United States Attorney's Office for the Middle District of Tennessee,

Presentence Investigation Report/Post-Sentence Supervision

24. Defendant understands that the United States Attorney's Office,in its submission to

the U.S. Probation Office as part of the Pre-Sentence Report and at sentencing, shall fully apprise •

the District Court and the U.S. Probation Office of the nature, scope, and extent of defendant's

conduct regarding the charges against him, as well as any related matters.. The government will

make known all matters in aggravation and mitigation relevant to the issue ofsentencing.

25. Defendant agrees to execute truthfully and completely a Financial Statement(with

supporting documentation) prior to sentencing,to be provided to and shared among the Court,the

U.S. Probation Office, and the United States Attorney's Office regarding all details of his

financial circumstances, including his recent income tax returns as specified by the Probation

Officer. Defendant understands that providing false or incomplete information, or refusing to

provide this information, may be used • as a basis for denial of a reduction for acceptance of

responsibility pursuant to U.S.S.G. § 3E1.1 and enhancement of his sentence for obstruction of

justice under U.S.S.G. § 3C1.1, and may be prosecuted as a violation of Title 18, United States

Code, Section 1001, or as a contempt ofthe Court.

26. This Plea Agreement concerns criminal liability only. Except as expressly set forth

in this Plea Agreement, nothing herein shall constitute a limitation, waiver, or release by the United

States or any of its agencies of any administrative or judicial civil claim, demand, or cause of

action. it may have against defendant or any other person or entity. The obligations of this Plea

11
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 11 of 16 PagelD #: 111
Agreement are limited to the United States Attorney's Office for the Middle District of Tennesse
e
and cannot bind any other federal, state, or local prosecuting, administrative, or regulato
ry
authorities, except as expressly set forth in this Plea Agreement.

27. Defendant understands that nothing in this Plea Agreement shall limit the Internal

Revenue Service ("IRS") in its collection of any taxes, interest, or penalties from defendant
or
defendant's partnership or corporations.

Entry of Guilty Plea

28. The parties jointly request that the Court accept the defendant's plea of guilty as

set forth in this agreement and enter an order reflecting the acceptance 'of the plea
while
reserving acceptance of this plea agreement until receipt of the pre-sentence report
and
sentencing.

Waiver of Appellate Rights

29. Regarding the issue of guilt, defendant hereby waives all (i) rights to appeal any issue

bearing on the determination of whether he is guilty of the crime to which he is agreeing
to plead
guilty; and (ii) trial rights that might have been available if he exercised his right
to go to trial.
Regarding sentencing, Defendant is aware that 18 U.S.C. §3742 generally affords a
defendant the
right to appeal the sentence imposed. Acknowledging this, defendant knowingly waives
the right to
appeal any sentence within or below the guideline range associated with the
court-determined
offense level when combined with defendant's criminal history category as determin
ed by the
Court. Defendant further waives all appellate rights and all collateral attacks concerni
ng forfeiture
and all matters related thereto. Defendant also knowingly waives the right
to challenge • the
sentence imposed in any collateral attack, including, but not limited to, a motion
brought pursuant

. 12
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 12 of 16 PagelD #: 112
to 28 U.S.C. § 2255 and/or § 2241, and/or 18 U.S.C. § 3582(c). However,no waiver of the right to

appeal, or to challenge the adjudication of guilt or the sentence imposed in any collateral attack,

shall apply to a claim of involuntariness, prosecutorial misconduct, or ineffective assistance of

counsel. Likewise, the government waives the right to appeal any sentence within or above the

guideline range associated with the court-determined offense level when combined with

defendant's criminal history category as determined by the Court.

Other Terms

30. Defendant agrees to cooperate with the United States Attorney's Office in collecting

any unpaid fine and restitution for which defendant is liable,including providing financial statements

and supporting records as requested by the United States Attorney's Office.

31. Defendant agrees to cooperate with the IRS in any tax examination or audit of

defendant and his wife and defendant's partnerships or corporations that directly or indirectly relates

to or arises out of the course of conduct defendant has acknowledged in this Plea Agreement, by

transmitting to the IRS original records or copies thereof, and any additional books and records

that the IRS may request. Nothing in this paragraph precludes defendant from asserting any legal

or factual defense to taxes,interest, and penalties that may be assessed by the IRS.

32. Should defendant engage in additional criminal activityafter he has pled guilty but

prior to sentencing, defendant shall be considered to have breached this Plea Agreement,
and the
government at its option may void this Plea Agreement

13
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 13 of 16 PagelD #: 113
Conclusion

33, Defendant understands that the indictment and this Plea Agreement have been or

will be filed with the Court, will become matters of public record, and may be disclosed to any

person.

34. Defendant understands that his compliance with each part ofthis Plea Agreement

extends until such time as he is sentenced, and failure to abide by any term of the Plea Agreement

is a violation of the Plea Agreement. Defendant further understands that in the event he violates

this Plea Agreement, the government, at its option, may move to vacate the Plea Agreement,

rendering it null and void, and thereafter prosecute defendant not subject to any of the limits set

forth in this Plea Agreement, or may require defendant's specific performance of this Plea

Agreement.

35. Defendant and his attorney acknowledge that no threats have been made to cause

defendant to plead guilty.

36, No promises, agreements, or conditions have been entered into other than those set

forth in this Plea Agreement, and none will be entered into unless memorialized in writing and

signed by all of the parties listed below.

14
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 14 of 16 PagelD #: 114
37. Defendant's Signature: I hereby agree that I have consulted with my attorney and fully

understand all rights with respect to the pending indictment. Further, I fully understand
all rights with
respect to the provisions ofthe Sentencing Guidelines that may apply in my case. I have read
this Plea
Agreement and carefully reviewed every part ofit with my attorney. I understand this Plea Agreemen
t,
and I voluntarily agree to it.

Date: /7
Garry C
Defendant

15

Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 15 of 16 PagelD #: 115
38. Defense Counsel Signature: I am counsel for defendant in this case.
I have fully
explained to defendant his rights with respect to the pending indict
ment. Further, I have reviewed
the provisions of the Sentencing Guidelines and Policy Statements;
and I have fully explained to
defendant the provisions of those guidelines that may apply in this
case. I have reviewed
carefully every part of this Plea Agreement with defendant. To
my'knowledge, defendant's
decision to enter into this Plea Agreementis an informed and luntary one.

Date:
ark . Scrugg
Attorney for Defendant

Respectfully submitted,

DAVID RIVERA
United States Attorney

By: „-
William F.Abely
Assistant U.S. Attorney

By:
Cecil W.VanDev'e
Assistant U.S. Attorney

VohnX—Webb---" -
Deputy Criminal Chief

16
Case 3:13-cr-00004 Document 47 Filed 12/11/15 Page 16 of 16 Pagel
D #: 116
AND ialkin
A TRUE COPY
IN THE UNITED STATES DISTRICT COURT • Clark
MIDDLE DISTRICT OF TENNESSEE District Cori
NASHVILLE DIVISION Middle Distr. riflaS386

afxr,ly C ark
UNITED STATES OF AMERICA

V. Docket No.3:13-00004
JUDGE TRAUGER
GARRY CHRISTOPHER FORSYTHE

AGREED ORDER AMENDING PLEA PETITION

By agreement of the parties, as evidenced by the signatures of Counse
l and the Defendant
below, and in light of a typographical error, it is hereby ORDERED
that the "Petition to Enter a
Plea of Guilty" submitted herein in open Court on December 11, 2015
is hereby AMENDED
such that Paragraph (12) of said petition should be deleted and in
lieu thereof the following
should be inserted:

(12) I fully understand my rights to plead "NOT GUILTY" and fully
understand
the consequence of my plea of guilty, I wish to plead "GUILTY" and
respectfully
request the Court to accept my plea as follows: Plea of Guilty to Count
One ofthe
Indictment. Upon acceptance of the plea agreement, Counts Two thru
Nine shall
be dismissed.

Entered this thelah day of December, 2015.

ALETA TRAUGER,J GE

•
Case 3:13-cr-00004 Document 49 Filed 12/16/15 Page 1 of 2 PagelD #: 118
Approved for Entry:

is, Mark Scru as Is; Williatm F, Abely. 11
Mark Scruggs, 10103 William F. Abely,11.,31635
Attorney for Defendant
Assistant U.S. Attorney
95 White Bridge Rd., Ste.50.3 110 Ninth Avenue. South, Ste.A-96
Nashville,TN 37205 Nashville, TN 37203-3870
(615)352-R326 (615)736-5151

Gar Christ° her F
Defendant

Case 3:13-cr-00004 Document 49 Filed 12/16/15 Page 2 of 2 PagelD #: 119

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