Case 3:18-cr-04683-GPC Document 468 Filed 06/08/22 PageID.7189 Page 1 of 6
`
`
`RANDY S. GROSSMAN
`Acting United States Attorney
`MELANIE K. PIERSON
`SABRINA L. FEVE
`Assistant U.S. Attorneys
`California Bar No. 112520/226590
`Office of the U.S. Attorney
`880 Front Street, Room 6293
`San Diego, CA 92101
`Tel: (619) 546-7976
`Fax: (619) 546-0631
`Email:Melanie.Pierson@usdoj.gov/Sabrina.Feve@usdoj.gov
`
`CANDINA S. HEATH
`Senior Counsel
`Texas Bar No. 09347450
`Computer Crime and Intellectual Property Section
`U.S. Department of Justice
`Washington, D.C. 20005
`Tel: (202) 307-1049
`Email: Candina.Heath2@usdoj.gov
`
`Attorneys for United States of America
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`v.
`PETR PACAS (4),
`
`Defendant.
`
`Case No.: 18cr4683-GPC
`
`DEFERRED PROSECUTION
`AGREEMENT
`
`
`IT IS HEREBY AGREED between the plaintiff, UNITED STATES OF
`
`AMERICA, through its counsel, Randy S. Grossman, United States
`Attorney, and Assistant United States Attorneys Melanie K. Pierson,
`Sabrina L. Fève, and Computer Crime and Intellectual Property
`Section Senior Counsel for the United States Department of Justice
`Candy Heath (collectively, the “United States”), and Defendant PETR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`RANDY S. GROSSMAN
`Acting United States Attorney
`MELANIE K. PIERSON
`SABRINA L. FEVE
`Assistant U.S. Attorneys
`California Bar No. 112520/226590
`Office of the U.S. Attorney
`880 Front Street, Room 6293
`San Diego, CA 92101
`Tel: (619) 546-7976
`Fax: (619) 546-0631
`Email:Melanie.Pierson@usdoj.gov/Sabrina.Feve@usdoj.gov
`
`CANDINA S. HEATH
`Senior Counsel
`Texas Bar No. 09347450
`Computer Crime and Intellectual Property Section
`U.S. Department of Justice
`Washington, D.C. 20005
`Tel: (202) 307-1049
`Email: Candina.Heath2@usdoj.gov
`
`Attorneys for United States of America
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`v.
`PETR PACAS (4),
`
`Defendant.
`
`Case No.: 18cr4683-GPC
`
`DEFERRED PROSECUTION
`AGREEMENT
`
`
`IT IS HEREBY AGREED between the plaintiff, UNITED STATES OF
`
`AMERICA, through its counsel, Randy S. Grossman, United States
`Attorney, and Assistant United States Attorneys Melanie K. Pierson,
`Sabrina L. Fève, and Computer Crime and Intellectual Property
`Section Senior Counsel for the United States Department of Justice
`Candy Heath (collectively, the “United States”), and Defendant PETR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`Case 3:18-cr-04683-GPC Document 468 Filed 06/08/22 PageID.7190 Page 2 of 6
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`PACAS (the “Defendant”), with the advice and consent of Gary S.
`Lincenberg, counsel for Defendant, that the parties will enter into
`this deferred prosecution agreement (the “Agreement”).
`I.
`AGREEMENT
`A. On October 31, 2018, a federal grand jury in the Southern
`
`District of California filed a ten count indictment in the United
`States District Court for the Southern District of California,
`charging Defendant and three codefendants with Conspiracy, in
`violation of Title 18, United States Code, Section 371; four counts
`of wire fraud, in violation of Title 18, United States Code, Section
`1343; and five counts of electronic mail fraud, in violation of
`Title 18, United States Code, Section 1037. Except as provided
`herein, the United States will dismiss the charges in the
`Indictment, after the period of deferral, provided that Defendant
`has complied with the terms of this Agreement.
`
`B. This Agreement is effective for a period beginning on the
`date on which this Agreement is signed by all parties and ending
`one year from that date (the “deferral period”), provided that
`Defendant complies with all the terms and conditions of this
`Agreement.
`
`C. During the deferral period, Defendant shall:
`1. be supervised by United States Pretrial Services and
`abide by any terms and conditions of pretrial release
`set by the Court;
`2. abide by the terms and conditions of this Agreement;
`3. not violate any federal, state, or local criminal laws
`(minor traffic infractions excluded); and
`4. make a gift or donation of $50,000 to the Crime Victims
`Fund, pursuant to Title 34, United States Code, Section
`20101(b)(5) and (6). The gift or donation provided for
`in this paragraph is not based on, and shall not be
`
`2
`Deferred Prosecution Agreement
`
`Def. Initials ____
`
`
`
`Case 3:18-cr-04683-GPC Document 468 Filed 06/08/22 PageID.7191 Page 3 of 6
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`construed as a penalty for or a loss related to any of
`the acts alleged in the Indictment.
`D. On or before the last day of the deferral period, if
`
`Defendant has not been found to be in violation of this Agreement,
`the United States will move to dismiss the Indictment with respect
`to Defendant with prejudice.
`
`II
`DEFENDANT’S REPRESENTATION THAT PARTICIPATION
`IN THIS AGREEMENT IS KNOWING AND VOLUNTARY
`
`Defendant represents that:
`
`A. Defendant has had a full opportunity to discuss all the
`
`facts and circumstances of this case with defense counsel and has
`a clear understanding of the charge and the consequences of this
`Agreement;
`
`B. No one has made any promises or offered any rewards in
`return for this Agreement, other than those contained in this
`Agreement or otherwise disclosed to the Court;
`
`C. No one has threatened Defendant or Defendant’s family to
`induce this Agreement; and
`
`D. The disposition contemplated by this agreement is part of
`a “package” disposition with codefendant(s) Jacob Bychak, Abdul
`Mohammed Qayyuum, and Mark Manoogian. If any defendant in the
`package fails to perform or breaches any part of their agreement,
`no defendant can withdraw from their agreement, but the United
`States is relieved from and not bound by any terms in any agreements
`in the package.
`
`III
`WAIVER OF SPEEDY TRIAL RIGHTS
`Defendant waives any right to a speedy trial of the offense
`
`alleged in this case arising under the Constitution or laws of the
`United States. Defendant stipulates that the time between the filing
`of this Agreement and any re-institution of prosecution of Defendant
`as contemplated under this agreement (which must occur within the
`3
`Deferred Prosecution Agreement
`
`Def. Initials ____
`
`
`
`Case 3:18-cr-04683-GPC Document 468 Filed 06/08/22 PageID.7192 Page 4 of 6
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`deferral period) shall be excluded from any computations under the
`Speedy Trial Act under the provisions of Title 18, United States
`Code, Section 3161(h)(2).
`
`IV
`WAIVER OF DOUBLE JEOPARDY RIGHTS
`Defendant is aware of his right not to be tried twice for the
`
`same offense. Defendant understands that his right to double
`jeopardy attached once the jury was sworn. Defendant admits that
`the suspension of the trial on the Indictment was beyond the control
`of the defense or the United States, and that this agreement was
`reached after the court suspended the trial, due to the effects of
`the pandemic. Defendant agrees that if he violates this Agreement,
`the United States can proceed to a second trial on the charges in
`the instant Indictment. Defendant agrees to waive his double
`jeopardy rights.
`
`V
`WAIVER OF APPEAL AND COLLATERAL ATTACK
`Defendant waives (gives up) all rights to appeal and to
`
`collaterally attack all prior rulings of the Court in this case.
`This waiver includes, but is not limited to, any argument that
`Defendant’s prosecution is unconstitutional. The only exception is
`that Defendant may collaterally attack such rulings with a claim
`that Defendant received ineffective assistance of counsel. If
`Defendant files an appeal or collaterally attacks, the United States
`may support the rulings of the Court.
`VI
`BREACH OF THE AGREEMENT
`If the United States determines in good faith that Defendant
`
`has violated or failed to perform any of Defendant’s obligations
`under this Agreement, such violation or failure to perform may
`constitute a material breach of this Agreement. If Defendant
`contests the United States’ determination that Defendant has
`breached the Agreement, Defendant may seek a determination by the
`4
`Deferred Prosecution Agreement
`
`Def. Initials ____
`
`
`
`Case 3:18-cr-04683-GPC Document 468 Filed 06/08/22 PageID.7193 Page 5 of 6
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`Court as to whether a material breach has occurred. The Court will
`determine, by a preponderance of the evidence, whether such a
`material breach occurred.
`
`The following non-exhaustive list of conduct by Defendant
`unquestionably constitutes a material breach of this deferred
`prosecution agreement: (1) violating any federal, state, or local
`criminal law (minor traffic infractions excluded); (2) failing to
`abide by any lawful court order related to this case; (3) violating
`any terms of pretrial release or of this agreement.
`
`In the event of Defendant’s material breach of this Agreement,
`Defendant shall be subject to prosecution for any federal criminal
`violation described in the Indictment. The statute of limitations
`with respect to any such prosecution shall be tolled from the
`signing of this Agreement to the date the breach is determined.
`VII
`AGREEMENT LIMITED TO U.S. ATTORNEY’S OFFICE
`SOUTHERN DISTRICT OF CALIFORNIA
`
`This Agreement is limited to the United States Attorney’s
`
`Office for the Southern District of California, and cannot bind any
`other federal, state, or local prosecuting, administrative, or
`regulatory authorities, although the United States will bring this
`Agreement to the attention of other authorities if requested by
`Defendant.
`
`VIII
`ENTIRE AGREEMENT
`This Agreement embodies the entire agreement between the
`
`parties and supersedes any other agreement, written or oral.
`IX
`MODIFICATION OF AGREEMENT MUST BE IN WRITING
`No modification of this Agreement shall be effective unless in
`
`writing and signed by all parties.
`
`
`5
`Deferred Prosecution Agreement
`
`Def. Initials ____
`
`
`
`Case 3:18-cr-04683-GPC Document 468 Filed 06/08/22 PageID.7194 Page 6 of 6
`
`X
`DEFENDANT SATISFIED WITH COUNSEL
`Defendant has consulted with counsel and is satisfied with
`counsel’s representation. This is Defendant’s independent opinion,
`and his counsel did not advise him about what to say in this regard.
`
`DATED: June __, 2022
`
`FOR DEFENDANT:
`_________________
`6/7/2022
`DATED
`
`_________________
`6/7/2022
`DATED
`
`FOR THE UNITED STATES:
`RANDY S. GROSSMAN
`United States Attorney
`
`Melanie K. Pierson
`Assistant United States Attorney
`
`Sabrina L. Fève
`Assistant United States Attorney
`
`Candy Heath
`Senior Counsel
`Computer Crime and Intellectual
`Property Section
`
`______________________
`GARY S. LINCENBERG
`Defense Counsel
`_______________________
`PETR PACAS
`Defendant
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Deferred Prosecution Agreement
`
`6
`
`Def. Initials ____
`
`7
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
