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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 1 of 13
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`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF NEW YORK
`__________________________________ X
`
`CONSENT PRELIMINARY ORDER
`
`. :
`
`UNITED STATES OF AMERICA
`
`— v. —
`
`NIKOLAY TUPIKIN,
`
`Defendant.
`
`OF FORFEITURE/
`
`‘ W
`
`18 Cr. 509 (GBD)
`
`__________________________________ X
`
`WHEREAS, on or about July 19, 2018, NIKOLAY TUPIKIN (the “Defendant”),
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`was charged, among others, in a two—count Indictment, 18 Cr. 509 (GBD) (the “Indictment”), with
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`conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Count
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`One); and conspiracy to commit money laundering, in vioiation of Title 18, United States Code,
`
`in violation of Title 18, United States Code, Section 1956 (Count Two);
`
`WHEREAS, the Indictment included a forfeiture allegation as to Count One of the
`
`Indictment, seeking forfeiture to the United States, pursuant to Titie 18, United States Code,
`
`Sections 98} (a)(1)(C) and 982(a)(2) of any and all property, real or personal, which constitutes or
`
`is derived from proceeds obtained directly or indirectly as a result ofthe commission of the offense
`
`charged in Count One of the Indictment, including but not limited to a sum of money in United
`
`States currency representing the amount of proceeds traceable to the commission of the offense
`
`charged in Count One of the Indictment,
`
`WHEREAS, the Indictment included a second forfeiture allegation as to Count Two
`
`of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code,
`
`Section 982(a)(1), of any and all property, real or personal, involved in the offense charged in
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`Count Two of the Indictment, and any property traceable to such property, including but not
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`

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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 2 of 13
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`limited to a sum of money in United States currency representing the amount of property involved
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`in the offense charged in Count Two of the Indictment;
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`WHEREAS, on or about October 8, 2020, the Defendant pled guilty to Count Two
`
`of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant
`
`admitted the forfeiture allegation with respect to Count Two of the Indictment and agreed to forfeit
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`to the United States, pursuant to Title 18, United States Code, Section 982(a)(1): a sum of money
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`equal to $240,170.00 in United States currency, representing property involved in the offense
`
`charged in Count Two of the Indictment;
`
`WHEREAS, the Defendant consents to the entry of a money judgment in the
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`amount of $240,170 in United States currency representing the amount of property involved in the
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`offense charged in Count Two of the Indictment; and
`
`WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the
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`Defendant, the property involved in the offense charged in Count Two of the Indictment cannot
`
`be located upon the exercise of due diligence.
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`IT IS HEREBY STIPULATED AND AGREED, by and between the United States
`
`of America, by its attorney Audrey Strauss, Acting United States Attorney, Assistant United States
`
`Attorneys, Matthew J .C. Hellman, Daniel G. Nessim, and Emily A. Johnson of counsel, and the
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`Defendant, and his counsel, Kelley J. Sharkey, Esq., that:
`
`1.
`
`As a result of the offense charged in Count Two of the Indictment, to which
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`the Defendant pled guilty, a money judgment in the amount of $240,170 in United States currency
`
`(the “Money Judgment”), representing the amount of property involved in the offense charged in
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`Count Two of the Indictment, shall be entered against the Defendant.
`
`
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`

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`Case 1:18—cr-00509—GBD Document 643 Filed 10/08/20 Page 3 of 13
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`2.
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`Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
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`Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, NIKOLAY
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`TUPIKIN, and shall be deemed part of the sentence of the Defendant, and shall be included in the
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`judgment of conviction therewith.
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`3.
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`All payments on the outstanding money judgment shall be made by postal
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`money order, bank or certified check, made payable, in this instance, to the United States Marshals
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`Service, and delivered by mail to the United States Attorney’s Office, Southern District of New
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`York, Attn: Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew’s
`
`Plaza, New York, New York 10007 and shall indicate the Defendant’s name and case number.
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`4.
`
`The United States Marshals Service is authorized to deposit the payments
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`on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title
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`to such forfeited property.
`
`5.
`
`Pursuant to Title 21, United States Code, Section 853(p), the United States
`
`is authorized to seek forfeiture of substitute assets of the Defendant up to the uncollected amount
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`of the Money Judgment.
`
`6.
`
`Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the
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`United States Attorney’s Office is authorized to conduct any discovery needed to identify, locate
`
`or dispose of forfeitable property, including depositions, interrogatories, requests for production
`
`of documents and the issuance of subpoenas.
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`7.
`
`The Court shall retain jurisdiction to enforce this Consent Preliminary Order
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`of ForfeiturefMoney Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal
`
`
`
`Rules of Criminal Procedure.
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`

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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 4 of 13
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`8.
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`The Clerk of the Court shall forward three certified copies of this Consent
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`Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander
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`J. Wilson, Co—Chief of the Money Laundering and Transnational Criminal Enterprises Unit, United
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`States Attorney’s Office, One St. Andrew’s Plaza, New York, New York 10007.
`
`9.
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`The signature page of this Consent Preliminary Order of Forfeiture/Money
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`Judgment may be executed in one or more counterparts, each of which will be deemed an original
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`but all of which together will constitute one and the same instrument.
`
`AGREED AND CONSENTED TO:
`
`AUDREY STRAUSS
`
`Acting United States Attorney for the
`Southern District of New York
`
`By: WM iota/2020
`
`. E LMAN/
`MATTHEW .
`DANIEL G. NESSIM/EMILY A. JOHNSON
`
`DATE
`
`
`
`DATE
`
`Assistant United States Attorneys
`One St. Andrew’s Plaza
`
`New York, NY 10007
`(212) 637—2278/2486/2409
`
`NIKOLAY TUPlKlN
`
`
`
`NIKOLAY TUPIKlN
`
`
`
`By:
`
`By:
`
`KELLEY J. SHARKEY, ESQ.
`Attorney for Defendant
`26 Court Street, Suite 2805
`Brooklyn, NY 11242
`(718) 858-8843
`
`DATE
`
`DATE
`
`.5??? 0 8 2320 ‘
`
`

`

`
`
`Case 1:18-cr-00509—GBD Document 643 Filed 10/08/20 Page 5 of 13
`U.S. Department of Justice
`
`United States Attorney
`Southern District ofNew York
`
`The Silvio J. Malia Building
`One Saint Andrew ’3 Plaza
`New York, New York i000?
`
`August 17, 2020
`
`BY EMAIL
`
`Kelley J. Sharkey, Esq.
`26 Court Street, Suite 2805
`Brooklyn, NY 11242
`(718) 858—8843
`kelleysharkeyesq@vcrizon.net
`
`Re:
`
`United States v. Nikoiay Tupikin, 18 Cr. 509 (GBD)
`
`Dear Ms. Sharkey:
`
`On the understandings specified beiow, the Office of the United States Attorney for the
`Southern District of New York (“this Office”) will accept a guilty plea from Nikolay Tupilcin (“the
`defendant”) to Count Two of the above—referenced Indictment.
`
`Count Two charges the defendant in one count of conspiracy to commit money laundering
`from in or about November 2016 up to and including in or about July 2018, in violation of Title
`18, United States Code, Section 1956(h). Count Two carries a maximum term of imprisonment
`of 20 years, a maximum term of supervised release of three years, a maximum fine, pursuant to
`Title 18, United States Code, Sections 1956 and 3571, of the greatest of $500,000, or twice the
`value of the property involved in the offense, and a $100 mandatory special assessment.
`In
`addition to the foregoing, the Court must order restitution as specified below.
`
`In consideration of the defendant’s plea to the above offense, the defendant will not be
`further prosecuted criminally by this Office (except for criminal tax violations, if any, as to which
`this Office cannot, and does not, make any agreement) for conspiring to commit money laundering
`from in or about November 2016 up to and including in or about July 2018, as charged in Count
`Two of the Indictment, it being understood that this agreement does not bar the use of such conduct
`as a predicate act or as the basis for a sentencing enhancement in a subsequent prosecution
`including, but not limited to, a prosecution pursuant to 18 U.S.C. §§ 1961 et seq.
`In addition, at
`the time of sentencing, the Government will move to dismiss any open Count(s) against the
`defendant. The defendant agrees that with respect to any and all dismissed charges he is not a
`“prevailing party” within the meaning of the “Hyde Amendment,” Section 617, PL. 105—119
`Nov. 26, 1997), and will not file any claim under that law.
`
`The defendant hereby admits the forfeiture allegation with respect to Count Two of the
`Indictment and agrees to forfeit to the United States, pursuant to Title 18, United States Code,
`Section 982(a)(i): a sum of money equal to $240,170.00 in United States currency, representing
`
`2020.07. !0
`
`
`
`
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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 6 of 13
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`Page 2
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`It is further understood that any
`property involved in said offense (the “Money Judgment”).
`forfeiture of the defendant’s assets shall not be treated as satisfaction of any fine, restitution, cost
`of imprisonment, or any other penalty the Court may impose upon him in addition to
`forfeiture. The defendant consents to the entry of the Consent Order of Forfeiture annexed hereto
`as Exhibit A and agrees that the Consent Order of Forfeiture shall be final as to the defendant at
`the time it is ordered by the Court.
`
`The defendant further agrees to make restitution of $253,802.00 in accordance with Title
`18, United States Code, Sections 3663, 3663A, and 3664.
`
`In consideration of the foregoing and pursuant to United States Sentencing Guidelines
`(“U.S.S.G.” or “Guidelines”) Section 6B1.4, the parties hereby stipulate to the following:
`
`A. Offense Level
`
`1. The November 2018 Guidelines Manual applies to this case.
`
`2. The guideline applicable to the offense charged in Count One is U.S.S.G. § 2X1.1.
`Pursuant to U.S.S.G. § 2X1.l, the base offense level for conspiracy is the base offense level for
`the substantive offense.
`
`3. The Guidelines provision applicable to Count One is U.S.S.G. § 281.1.
`
`4. Pursuant to U.S.S.G. §2Sl.1(a)(l), the base offense level is offense level for the
`underlying offense from which the laundered funds were derived, namely, conspiracy to commit
`wire fraud in violation of Title 18, United States Code, Section 1349, as charged in Count One of
`the Indictment, because (A) the defendant committed the underlying offense (and is accountable
`for the underlying offense under subsection (a)(1)(A) of §1B1.3 (Relevant Conduct)); and (B) the
`offense level for that offense can be determined. The offense level for that offense can be
`determined as follows:
`
`i. The guideline applicable to the offense charged in Count One is
`U.S.S.G. § 2Xl.1. Pursuant to U.S.S.G. § 2X1.1, the base offense level for conspiracy is the base
`offense level for the substantive offense.
`
`ii. The guideline applicable to the offense charged in Count One is
`U.S.S.G. § 2B1.1, which applies to the substantive offense of wire fraud.
`
`iii. Pursuant to U.S.S.G. § 2B1.1(a)(1), the base offense level for Count
`One is seven because the statutory maximum term of imprisonment for the offense of conviction
`is 20 years or more.
`
`iv. Pursuant to U.S.S.G. § 2131 .1(b)(1)(G), a tWelve—level enhancement
`applies because the offense involved more than $250,000, and less than $5 50,000.
`
`2020.07.10
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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 7 of 13
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`Page 3
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`v. Pursuant to U.S.S.G. § 2Bl.l(b)(2)(A)(i), a two-level enhancement
`applies because the offense involved ten or more victims.
`
`vi. Pursuant to U.S.S .G. § 2B1.1(b)(10)(B), a two—levei enhancement
`applies because a substantial part ofthe fraudulent scheme was committed frOm outside the United
`States.
`
`Based on the foregoing, the offense level for the underlying offense from which the
`laundered funds were derived is 23.
`
`5. Pursuant to U.S.S.G. § 281.1(b)(2)(B), the offense level is increased by two levels
`because the defendant’s conviction is one under Titie 18, United States Code, Section 1956.
`
`to the
`6. Assuming the defendant clearly demonstrates acceptance of responsibility,
`satisfaction of the Government, through his allocution and subsequent conduct prior to the
`imposition of sentence, a two-level reduction will be warranted, pursuant to U.S.S.G. § 3E1 .l(a).
`Furthermore, assuming the defendant has accepted responsibility as described in the previous
`sentence, the Government will move at sentencing for an additional one-level reduction, pursuant
`to U.S.S.G. § 3E1 . l(b), because the defendant gave timely notice of his intention to enter a plea of
`guilty, thereby permitting the Government to avoid preparing for trial and permitting the Court to
`allocate its resources efficiently.
`
`In accordance with the above, the applicable Guidelines offense level is 22.
`
`B. Criminal History Category
`
`Based upon the information now available to this Office (including representations by the
`defense), the defendant has zero criminal history points.
`In accordance with the foregoing, the
`defendant’s Criminal History Category is I.
`
`C. Sentencing Range
`
`Based upon the calculations set forth above, the defendant’s stipulated Guidelines range is
`41 to 51 months’
`imprisonment (the “Stipulated Guidelines Range”).
`In addition, after
`determining the defendant’s ability to pay, the Court may impose a fine pursuant to U.S.S.G.
`§ 5131.2. At Guidelines level 22, the applicable fine range is $15,000 to $150,000.
`
`The parties agree that neither a downward nor an upward departure from the Stipulated
`Guidelines Range set forth above is warranted. Accordingly, neither party will seek any departure
`or adjustment pursuant to the Guidelines that is not set forth herein. Nor will either party in any
`way suggest that the Probation Office or the Court consider such a departure or adjustment under
`the Guidelines.
`
`The parties agree that either party may seek a sentence outside of the Stipulated Guidelines
`Range based upon the factors to be considered in imposing a sentence pursuant to Title 18, United
`States Code, Section 3553(a).
`
`2020.07.10
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`

`

` .
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`1llt
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`llllli11 i
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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 8 of 13
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`Page 4
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`Except as provided in any written Proffer Agreement(s) that may have been entered into
`between this Office and the defendant, nothing in this Agreement limits the right of the parties
`(i) to present to the Probation Office or the Court any facts relevant to sentencing; (ii) to make any
`arguments regarding where within the Stipulated Guidelines Range (01' such other range as the
`Court may determine) the defendant should be sentenced and regarding the factors to be considered
`in imposing a sentence pursuant to Title 18, United States Code, Section 3553(a); (iii) to seek an
`appropriately adjusted Guidelines range if it is determined based upon new information that the
`defendant’s criminal history category is different from that set forth above; and (iv) to seek an
`appropriately adjusted Guidelines range or mandatory minimum term of imprisonment if it is
`subsequently determined that the defendant qualities as a career offender under U.S.S.G. § 4B1 .1.
`Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for
`acceptance of responsibility, see U.S.S.G. § 3E1 .1, regardless of any stipulation set forth above, if
`the defendant fails clearly to demonstrate acceptance of responsibility, to the satisfaction of the
`Government, through his allocation and subsequent conduct prior to the imposition of sentence.
`Similarly, nothing in this Agreement limits the right of the Government to seek an enhancement
`for obstruction of justice, see U.S.S.G. § 3C1.1, regardless of any stipulation set forth above,
`should it be determined that the defendant has either (i) engaged in conduct, unknown to the
`Government at the time of the signing of this Agreement, that constitutes obstruction ofjustice or
`(ii) committed another crime after signing this Agreement.
`
`It is understood that pursuant to U.S.S.G. § 6131 .4(d), neither the Probation Office nor the
`Court is bound by the above Guidelines stipulation, either as to questions of fact or as to the
`determination of the proper Guidelines to apply to the facts. In the event that the Probation Office
`or the Court contemplates any Guidelines adjustments, departures, or calculations different from
`those stipulated to above, or contemplates any sentence outside of the stipuiated Guidelines range,
`the parties reserve the right to answer any inquiries and to make all appropriate arguments
`concerning the same.
`
`It is understood that the sentence to be imposed upon the defendant is determined solely
`by the Court. It is further understood that the Guidelines are not binding on the Court. The
`defendant acknowledges that his entry of a guilty plea to the charged offense authorizes the
`sentencing court to impose any sentence, up to and including the statutory maximum sentence.
`This Office cannot, and does not, make any promise or representation as to What sentence the
`defendant will receive. Moreover, it is understood that the defendant will have no right to
`Withdraw his plea of guilty should the sentence imposed by the Court be outside the Guidelines
`range set forth above.
`
`It is agreed (i) that the defendant wiil not file a direct appeal; nor bring a collateral
`challenge, including but not limited to an application under Title 28, United States Code, Section
`2255 and/or Section 2241, of any sentence within or below the Stipulated Guidelines Range of 41
`to 51 months’ imprisonment, and (ii) that the Government will not appeal any sentence within or
`above the Stipulated Guidelines Range. This provision is binding on the parties even if the Court
`employs 2. Guidelines analysis different from that stipulated to herein. Furthermore, it is agreed
`that any appeal as to the defendant’s sentence that is not foreclosed by this provision will be limited
`to that portion of the sentencing calculation that is inconsistent with (or not addressed by) the
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`2020.07.10
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`

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`Case 1:18—cr-00509—GBD Document 643 Filed 10/08/20 Page 9 of 13
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`Page 5
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`above stipulation. The parties agree that this waiver applies regardless of whether the term of
`imprisonment is imposed to run consecutively to or concurrently with the undischargcd portion of
`any other sentence of imprisonment that has been imposed on the defendant at the time of
`sentencing in this case. The defendant further agrees not to appeal any term of supervised release
`that is less than or equal to the statutory maximum. The defendant also agrees not to appeal any
`forfeiture amount that is less than or equal to $240,170.00, and the Governinent agrees not to
`appeal any forfeiture amount that is greater than $240,170.00. The defendant also agrees not to
`appeal any restitution amount that is less than or equal to $253,802.00, and the Government agrees
`not to appeal any restitution amount that is greater than $253,802.00. The defendant also agrees
`not to appeal any fine that is less than or equal to $150,000, and the Government agrees not to
`appeal any fine that is greater than or equal to $15,000. The defendant also agrees not to appeal
`any special assessment that is less than or equal to $100. Notwithstanding the foregoing, nothing
`in this paragraph shall be construed to be a waiver of whatever rights the defendant may have to
`assert claims of ineffective assistance of counsel, whether on direct appeal, collateral review, or
`otherwise. Rather, it is expressly agreed that the defendant reserves those rights.
`
`The defendant hereby acknowledges that he has accepted this Agreement and decided to
`plead guilty because he is in fact guilty. By entering this plea of guilty, the defendant waives any
`and all right to withdraw his plea or to attack his conviction, either on direct appeal or collaterally,
`on the ground that the Government has failed to produce any discovery material, Jenclcs Act
`material, exculpatory material pursuant to Brady v. Maryland, 373 US 83 (1963), other than
`information establishing the factual innocence ofthe defendant, or impeachment material pursuant
`to Giglz’o v. United States, 405 US 150 (1972), that has not already been produced as of the date
`of the signing of this Agreement.
`
`The defendant recognizes that, if he is not a citizen of the United States, his guilty plea and
`conviction make it very likely that his removal from the United States is presumptively mandatory
`and that, at a minimum, he is at risk of being removed or suffering other adverse immigration
`consequences. If the defendant is a naturalized citizen of the United States, he recognizes that
`pleading guilty may have consequences with respect to the defendant’s immigration status. For
`example, under federal law, an individual may be subject to denaturalization and removal if his
`naturalization was procured by concealment of a material fact or by willful misrepresentation, or
`otherwise illegally procured. The defendant acknowledges that he has discussed the possible
`immigration consequences (including removal or denaturalization) of his guilty plea and
`conviction with defense counsel. The defendant affirms that he wants to plead guilty regardless
`of any immigration or denaturalization consequences that may result from the guilty plea and
`conviction, even if those consequences include denaturalization and/or removal from the United
`States. The defendant understands that denaturalization and other immigration consequences are
`typically the subject of a separate proceeding, and the defendant understands that no one, including
`his attorney or the District Court, can predict with certainty the effect of the defendant’s conviction
`on the defendant’s immigration or naturalization status. It is agreed that the defendant will have
`no right to withdraw his guilty plea based on any actual or perceived adverse immigration
`consequences (including removal or denaturalization) resulting from the guilty plea and
`conviction. It is further agreed that the defendant will not challenge his conviction or sentence on
`direct appeal, or through litigation under Title 28, United States Code, Section 2255 and/or Section
`
`2020.07.10
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`
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`
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`

`

`Case 1:18—cr-00509—GBD Document 643 Filed 10/08/20 Page 10 of 13
`
`Page 6
`
`2241, on the basis of any actual or perceived adverse immigration consequences (including
`removal or denaturalization) resulting from his/her guilty plea and conviction.
`
`It is further agreed that should the conviction(s) following the defendant’s plea(s) of guilty
`pursuant to this Agreement be vacated for any reason, then any prosecution that is not time-barred
`by the applicable statute of limitations on the date of the signing of this agreement (including any
`counts that the Government has agreed to dismiss at sentencing pursuant to this Agreement) may
`be commenced 01' reinstated against the defendant, notwithstanding the expiration of the statute of
`limitations between the signing of this Agreement and the cornmeneement or reinstatement of such
`prosecution.
`It is the intent of this Agreement to waive all defenses based on the statute of
`limitations with respect to any prosecution that is not time—barred on the date that this Agreement
`is signed.
`
`It is further understood that this Agreement does not bind any federal, state, or local
`prosecuting authority other than this Office.
`
`[Intentionally Left Blank]
`
`2020.07.10
`
`
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`
`
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`

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`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 11 of 13
`
`Page 7
`
`Apart from any written Proffer Agreement(s) that may have been entered into between this
`Office and defendant,
`this Agreement supersedes any prior understandings, premises, or
`conditions between this Office and the defendant. No additional understandings, promises, or
`conditions have been entered into other than those set forth in this Agreement, and none will be
`entered into unless in writing and signed by all parties.
`
`Very truly yours,
`
`.
`AUDREY STRAUSS
`Acting United States Attorney
`
`
`
`Hlfé’flrfflu . 11 .114- __
`Matthewm e1 man / Daniel G. Nessim/
`
`
`
`Emily A. Johnson
`Assistant United States Attorneys
`(212) 637-2278 / —2486 / — 2409
`
`APPROVED:
`
`
`
`WMEWEK
`
`Co-Chief, General Crimes
`
`AGREED AND CONSENTED TO:
`
`
`
`
`
`Nikolay Tupikin
`
`APPROVED:
`
`DATE
`
`
`
`
`
`Kelley J. Sharkey, Esq.
`7 Attorney for Nikolay Tupikin
`
`DATE
`
`2020.07. to
`
`
`
`

`

`Case 1:18-cr-00509-GBD Document 643 Filed 10/08/20 Page 12 of 13
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF NEW YORK
`.................................................................X
`
`UNITED STATES or AMERICA
`
`""
`
`WAIVER or RIGHT TO BE
`
`PRESENT AT CRIMINAL
`PROCEEDING
`
`0““___________x
`
`~CR-
`
`(
`
`l I
`
`1
`
`Check Proceeding that Applies
`
`Entry of Plea of Guilty
`
`i have consulted with
`I am aware that I have been charged with violations offederal law.
`my attorney about those charges.
`1 have decided that I wish to enter a piea of guilty to
`certain charges.
`I understand I have a right to appear before a judge in a courtroom in
`the Southern District of New York to enter my piea of guilty and to have my attorney
`beside me as I do.
`I am also aware that the public health emergency created by the
`COWS—19 pandemic has interfered with travel and restricted access to the federal
`courthouse.
`l have discussed these issues with my attorney. By signing this document, 1
`wish to advise the court that I willingly give up my right to appear in person before the
`judge to enter a plea of guilty. By signing this document, i also wish to advise the court
`that i willingly give up any right I might have to have my attorney next to me as | enter my
`plea so long as the following conditions are met.
`I want my attorney to be able to
`participate in the proceeding and to be able to speak on my behalf during the proceeding.
`I also want the ability to speak privately with my attorney at any time during the
`proceeding if i wish to do so.
`
`Date:
`
`Print Name
`
`Signature of Defendant
`
`Sentence
`
`I understand that l have a right to appear before a judge in a courtroom in the Southern
`District of New York at the time of my sentence and to speak directiy in that courtroom
`to the judge who will sentence me. i am also aware that the public health emergency
`created by the COVlD-19 pandemic has interfered with travel and restricted aCCess to the
`federai courthouse. i do not wish to wait until the end ofthis emergency to be sentenced.
`
`
`
`

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`Case 1:18—cr-00509—GBD Document 643 Filed 10/08/20 Page 13 of 13
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`l have discussed these issues with my attorney and willingly give up my right to be
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`present, at the time my sentence is imposed, in the courtroom with my attorney and the
`judge who wiil impose that sentence. By signing this document, lwish to advise the court
`that l willingly give up my right to appear in a courtroom in the Southern District of New
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`York for my sentencing proceeding as well as my right to have my attorney next to me at
`the time of sentencing on the following conditions.
`I want my attorney to be able to
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`participate in the proceeding and to be able to speak on my behalf at the proceeding.
`1 also want the ability to speak privately with my attorney at any time during the
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`proceeding if I wish to do so.
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`Date:
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`Print Name
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`Signature of Defendant
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`i hereby affirm that i am aware of my obligation to discuss with my client the charges against my
`client, my client’s rights to attend and participate in the criminal proceedings encompassed by
`this waiver, and this waiver and consent form.
`i affirm that my client knowingly and voluntarily
`consents to the proceedings being held with my client and me both participating remotely.
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`Date:
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`__._.__
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`Print Name
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`Signature of Defense Counsel
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`Addendum for a defendant who requires services of an interpreter:
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`| used the services of an interpreter to discuss these issues with the defendant. The interpreter
`also translated this document, in its entirety, to the defendant before the defendant signed it.
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`The interpreter’s name is:
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`Date: W
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`Signature of Defense Counsel
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`Accepted:
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`Signature ofJudge
`Date:
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