Awan pleas out, flips on her, she’s next.
The DNC server is the key.
EVERYTHING will be coming out soon.
These people are stupid.
Review the accusations (predicted) against key House Intelligence and Judiciary Committee members (Devin Nunes, Jim Jordan). Smokescreen. Mitigated.
Let not your heart be troubled.
U.S. Department of Justice
Jessie K. Liu
United States Attorney
District of Columbia
555 Fourth St.. N.W.
Washington, D.C. 20530
Christopher J. Gowen
Gowen Silva & Winograd
513 Capitol Court, NE, Suite
Washington, DC 20002
Dear Mr. Gowen:
United States v. Imran Awan
Criminal Case No. l7-cr-l6l (TSC)
This letter sets forth the full and complete plea offer to your client, Imran Awan
(hereinafter referred to as “your client” or “defendant”), from the Office of the United States
Attomey for the District of Columbia (hereinafter also referred to as “the Government” or “this
Office”). This plea offer expires on July 3,2018. If your client accepts the terms and conditions
of this offer, please have your client execute this document in the space provided below. Upon
receipt of the executed document, this letter will become the Plea Agreement (hereinafter
referred to as “this Agreement”). The terms of the offer are as follows:
1. Charges and Statutor”y Penalties
Your client agrees to plead guilty to Count Three in the Indictment, charging your client
with False Statement on Loan or Credit Application, in violation of l8 U.S.C. $ 1014.
Your client understands that a violation of l8 U.S.C. $ 1014 carries a maximum sentence
of 30 years of imprisonment; a fine of $1,000,000 or twice the pecuniary gain or loss of the
offense, pursuant to 18 U.S.C. $ 3571(b)(3); a term of supervised release of not more than 5
years, pursuant to 18 U.S.C. $ 3583(b)(l); mandatory restitution under 18 U.S.C. $ 36634; and
an obligation to pay any applicable interest or penalties on fines and restitution not timely made.
In addition, your client agrees to pay a special assessment of $ 100 per felony conviction
to the Clerk of the United States District Court for the District of Columbia. Your client also
understands that, pursuant to l8 U.S.C. 5 3572 and $ 5E1.2 of the United States Sentencing
Commission, Guidelines Manual (2018) (hereinafter “Sentencing Guidelines,” “Guidelines,” or
“IJ.S.S.G.”), the Court may also impose a fine that is sufficient to pay the federal govemment the
costs of any imprisonment, term of supervised release, and period of probation. Further, your
client understands that, if your client has two or more convictions for a crime of violence or
felony drug offense, your client may be subject to the substantially higher penalties provided for
in the career-offender statutes and provisions of the Sentencing Guidelines.
2. Factual Stipulations
Your client agrees that the attached “Statement of Offlense” fairly and accurately
describes your client’s actions and involvement in the offense to which your client is pleading
guilty. Please have your client sign and return the Statement of Offense as a written proffer of
evidence, along with this Agreement.
3. Additional Charees
After the entry of your client’s plea of guilty to the offense identified in paragraph 1
above, your client will not be charged with any non-violent criminal offense in violation of
Federal or District of Columbia law which was committed within the District of Columbia by
your client prior to the execution of this Agreement and about which this Office was made aware
by your client prior to the execution of this Agreement, all of which is contained in the attached
Statement of Offense. However, the United States expressly reserves its right to prosecute your
client for any crime of violence, as defined in 18 U.S.C. $ l6 and./or 22D.C. Code $ 4501, if in
fact your client committed or commits such a crime of violence prior to or after the execution of
4. Dismissal of Co-Defendant Hina Alvi
As part of your client’s guilty plea to the above offense, the Government will request that
the Court dismiss all charges in the Indictment against co-defendant Hina Alvi at the time of
5. Sentencins Guidelines Analvsis
Your client understands that the sentence in this case will be determined by the Court,
pursuant to the factors set forth in 18 U.S.C. $ 3553(a), including a consideration of the
Sentencing Guidelines. Pursuant to Federal Rule of Criminal Procedure 11(cXlXB), and to
assist the Court in determining the appropriate sentence, the parties agree to the following:
A. Estimated Offense Level Under the Guidelines
The parties agree that the following Sentencing Guidelines section applies:
UoS,S.G.§ 2(→(1) Base offense Lcvel
Acceptance of Responsibility
The Government agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G.
$ 3E1.1, provided that your client clearly demonstrates acceptance of responsibility, to the
satisfaction of the Government, through your client’s allocution, adherence to every provision of
this Agreement, and conduct between entry of the plea and imposition of sentence.
Nothing in this Agreement limits the right of the Govemment to seek denial of the
adjustment for acceptance of responsibility, pursuant to U.S.S.G. $ 3E1.1, and/or imposition of
an adjustment for obstruction ofjustice, pursuant to U.S.S.G. $ 3C1.1, regardless of any
agreement set forth above, should your client move to withdraw your client’s guilty plea after it
is entered, or should it be determined by the Government that your client has either (a) engaged
in conduct, unknown to the Government at the time of the signing of this Agreement, that
constitutes obstruction ofjustice, or (b) engaged in additional criminal conduct after signing this
In accordance with the above, the Estimated Offense Level will be at least 5.
B. Estimated Criminal History Category
Based upon the information now available to this Office (including the representations by
the defense), your client has no criminal convictions.
Accordingly, yow client is estimated to have 0 criminal history points and your client’s
Criminal History Category is estimated to be I (the “Estimated Criminal History Category”).
Your client acknowledges that after the pre-sentence investigation by the United States Probation
Offrce, a different conclusion regarding your client’s criminal convictions and/or criminal history
points may be reached and your client’s criminal history points may increase or decrease.
C. Estimated Guidelines Range
Based upon the Estimated Offense Level and the Estimated Criminal History Category
set forth above, your client’s estimated Sentencing Guidelines range is 0 months to 6 months (the
“Estimated Guidelines Range”). In addition, the parties agree that, pursuant to U.S.S.G. $ 5E1.2,
should the Court impose a fine, at Guidelines level 5, the estimated applicable fine range is $500
to $9,500. Your client reserves the right to ask the Court not to impose any applicable fine.
The parties agree that, solely for the pufposes of calculating the applicable range under
the Sentencing Guidelines, neither a downward nor upward departure from the Estimated
Guidelines Range set forth above is warranted. The parties also agree that neither party will seek
any offense-level calculation different from the Estimated Offense Level calculated above in
subsection A. However, the parties are free to argue for a Criminal History Category different
from that estimated above in subsection B.
Your client understands and acknowledges that the Estimated Guidelines Range
calculated above is not binding on the Probation Office or the Court. Should the Court or
Probation Office determine that a guidelines range different from the Estimated Guidelines
Range is applicable, that will not be a basis for withdrawal or rescission of this Agreement by
Your client understands and acknowledges that the terms of this section apply only to
conduct that occurred before the execution of this Agreement. Should your client commit any
conduct after the execution of this Agreement that would form the basis for an increase in your
client’s base offense level or justiff an upward departure (examples of which include, but are not
limited to, obstruction ofjustice, failure to appear for a court proceeding, criminal conduct while
pending sentencing, and false statements to law enforcement agents, the probation offrcer, or the
Court), the Government is free under this Agreement to seek an increase in the base offense level
based on that post-agreement conduct.
6. Agreement as to Sentencing Allocution
The parties further agree that a sentence within the Estimated Guidelines Range would
constitute a reasonable sentence in light of all of the factors set forth in 18 U.S.C. $ 3553(a),
should such a sentence be subject to appellate review notwithstanding the appeal waiver
provided below. Nevertheless, your client reseryes the right to seek a sentence below the
Estimated Guidelines Range based upon factors to be considered in imposing a sentence
pursuant to 18 U.S.C. $ 3553(a). The Government agrees not to oppose a probation only
sentence for your client.
7. Reservation of Allocution
The Government and your client reserye the right to describe fully, both orally and in
writing, to the sentencing judge, the nature and seriousness of your client’s misconduct,
including any misconduct not described in the charges to which your client is pleading guilty.
The parties also reserve the right to inform the presentence report writer and the Court of any
relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any
matters not provided for in this Agreement. In the event that the Court considers any Sentencing
Guidelines adjustments, departures, or calculations different from those agreed to and/or
estimated in this Agreement, or contemplates a sentence outside the Guidelines range based upon
the general sentencing factors listed in 18 U.S.C. $ 3553(a), the parties reserve the right to
answer any related inquiries from the Court and to allocute for a sentence within the Guidelines
range, as ultimately determined by the Court, even if the Guidelines range ultimately determined
by the Court is different from the Estimated Guidelines Range calculated herein.
In addition, if in this Agreement the parties have agreed to recommend or refrain from
recommending to the Court a particular resolution of any sentencing issue, the parties reserve the
right to full allocution in any post-sentence litigation. The parties retain the full right of
allocution in connection with any post-sentence motion which may be filed in this matter and/or
any proceeding(s) before the Bureau of Prisons. In addition, your client acknowledges that the
Government is not obligated and does not intend to file any post-sentence downward departure
motion in this case pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure.
8. Relevant Conduct for Purposes of Sentencing Allocution
The Government agrees that, as part of its sentencing allocution, the relevant conduct for
purposes of determining your client’s sentence is the conduct described in the Statement of
More specifically, the Govemment agrees that the public allegations that your client stole
U.S. House of Representatives (“House”) equipment and engaged in unauthorized or illegal
conduct involving House computer systems do not form the basis of any conduct relevant to the
determination of the sentence in this case. The Government conducted a thorough investigation
of those allegations, including interviewing approximately 40 witnesses; taking custody of the
House Democratic Caucus server, along with other computers, hard drives, and electronic
devices; examining those devices, including inspecting their physical condition and analyzing
log-in and usage data; reviewing electronic communications between pertinent House
employees; consulting with the House Office of General Counsel and House information
technology personnel to access and/or collect evidence; and questioning your client during
numerous voluntary interviews. The Government has uncovered no evidence that your client
violated federal law with respect to the House computer systems. Particularly, the Government
has found no evidence that your client illegally removed House data from the House network or
from House Members’ offices, stole the House Democratic Caucus Server, stole or destroyed
House information technology equipment, or improperly accessed or transferred govemment
information, including clas sif,red or sensitive information.
9. Court Not Bound by this Asreement or the Sentencing Guidelines
Your client understands that the sentence in this case will be imposed in accordance with
18 U.S.C. $ 3553(a), upon consideration of the Sentencing Guidelines. Your client further
understands that the sentence to be imposed is a matter solely within the discretion of the Court.
Your client acknowledges that the Court is not obligated to follow any recommendation of the
Government at the time of sentencing. Your client understands that neither the Government’s
recommendation nor the Sentencing Guidelines are binding on the Court.
Your client acknowledges that your client’s entry of a guilty plea to the charged offense
authorizes the Court to impose any sentence, up to and including the statutory maximum
sentence, which may be greater than the applicable Guidelines range. The Govemment cannot,
and does not, make any promise or representation as to what sentence your client will receive.
Moreover, it is understood that your client will have no right to withdraw your client’s plea of
guilty should the Court impose a sentence that is outside the Guidelines range or if the Court
does not follow the Government’s sentencing recommendation. The Government and your client
will be bound by this Agreement, regardless of the sentence imposed by the Court. Any effort
by your client to withdraw the guilty plea because of the length of the sentence shall constitute a
breach of this Agreement.
Conditions of Release
Your client acknowledges that, although the Government will not seek a change in your
client’s release conditions pending sentencing, the final decision regarding your client’s bond
status or detention will be made by the Court at the time of your client’s plea of guilty. The
Governmentmay move to change your client’s conditions of release, including requesting that
your client be detained pending sentencing, if your client engages in funher criminal conduct
prior to sentencing or if the Govemment obtains information that it did not possess at the time of
your client’s plea of guilty and that is relevant to whether your client is likely to flee or pose a
danger to any person or the community. Your client also agrees that any violation of your
client’s release conditions or any misconduct by your client may result in the Govemment filing
an ex pgrtlg motion with the Court requesting that a bench warrant be issued for your client’s
arrest and that your client be detained without bond while pending sentencing in your client’s
Your client waives any challenge to venue in the District of Columbia.
Bo Statute of Lilllitations
Your client agrees that, should the conviction following your client’s plea of guilty
pursuant to this Agreement be vacated for any reason, any prosecution, based on the conduct set
forth in the attached Statement of Offense, 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 not to prosecute or to dismiss at sentencing pursuant to this Agreement)
may be commenced or reinstated against your client, notwithstanding the expiration of the statute
of limitations between the signing of this Agreement and the commencement 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 of conduct set forth in the attached Statement of
Offense that is not time-barred on the date that this Agreement is signed.
C. Trial Rights
Your client understands that by pleading guilty in this case your client agrees to waive
certain rights afforded by the Constitution of the United States and/or by statute or rule. Your
client agrees to forego the right to any further discovery or disclosures of information not already
provided at the time of the entry of your client’s guilty plea. Your client also agrees to waive,
among other rights, the right to plead not guilty, and the right to a jury trial. If there were a jury
trial, your client would have the right to be represented by counsel, to confront and crossexamine
witnesses against your client, to challenge the admissibility of evidence offered against
your client, to compel witnesses to appear for the purpose of testifying and presenting other
evidence on your client’s behalf, and to choose whether to testify. If there were a jury trial and
your client chose not to testitt at that trial,your clicnt would have the right to have thejllry
instructcd that your clicnt’s failllrc to tcstify could not bc held against your clicnt.Your client
would mcr have thc rightto have thcjじ ′instructed that your client is prcsllmcd irmocent
until proven guilty,and that thc bllrden would bc on the United States to prove your client’s guilt
beyond a reasonable doubt. Ifyour client were found guilty a■ er a trial,your client would have
thc五 ght to appeal your clicnt’s conviction. Your client understands thatthe Fifth Amendment to
the Constitution ofthe Unitcd States protects yollr clicnt from thc use of self― incrilninating
statements in a crilninal prosecution. By cntcring a plea of guilty,your client knowingly and
voluntarily waives or gives up your client’s right against self― incrillnination.
Your client acknowledgcs discussing with you Rule ll(o ofthe Federal Rules of
Criininal Procedllrc and Rule 410 ofthc Federal Rules ofEvidence,which ordinarlly liinit the
admissibility of statements rnade by a defendant in thc course ofplea discussions or plea
procccdings if a guilty plea is later withdrawn. Your client knowingly and voluntarily waives the
rights that arise under these rules in the evcnt your client withdraws your client’s guilty plca or
withdraws from this Agreement a■ cr sl〔ダung lt.
Your clicnt also agrccs to waive all constitutional and statutory rights to a speedy
sentcnce and understands that thc date for sentencing will be sct by the Court.
Do Appeal Rights
Yollr client agrees to waivc thc right to appeal thc conviction in this case on any basis,
including but not limitcd to claim(S)that(1)thC Statute(S)tO WhiCh yollr client is pleading guilty
is unconstitutional,and(2)thc adIInittcd conduct docs not fall within thc scopc ofthe statute(s).
Your clicnt llnderstands that fcderal law,speciflcally 1 8 U,S.C.§ 3742,affords dcfcndants the
right to appeal their scntcnces in certain circllmstances. Yollr clicnt also agrees to walvc the
right to appeal thc sentence in this casc,including but not lilnited to any tellll ofilnprisollment,
flnc,forfciture,award ofrestitution,tellll or condition of supcrviscd releasc,authority ofthe
Court to set conditions ofrelease,and the manner in which the scntencc was detellllined,except
to the extent thc Court scntences yollr client abovc thc statutory rnaxillllulln or guidelincs range
deterlnincd by thc Court. In agreeing to this waiver,your client is aware that your client’s
scntence has yet to be deterlnincd by the Court. Realizing the unccrtainty in estimating what
sentence the Court ultimatcly will ilnposc,your client knowingly and willingly waivcs your
client’s right to appcal thc scntence,to thc cxtent notcd above,in exchange lor the concessions
made by the Govcrlmentin this Agrcement. Notwithstanding the above agreement to waive thc
right to appeal the conviction and sentencc,your client retains thc right to appeal on thc basis of
ineffective assistance ofcounsel,but not to raise on appeal other issues rcgarding thc conviction
E。 Collateral Attack
Your client also waives any right to challenge the cohviction entered or sentence imposed
under this Agreement or otherwise attempt to modify or change the sentence or the manner in
which it was determined in any collateral attack, including, but not limited to, a motion brought
under 28 U.S.C. S 2255 or Federal Rule of Civil Procedure 60(b), except to the extent such a
motion is based on newly discovered evidence or on a claim that your client received ineffective
assistance of counsel. Your client reserves the right to file a motion brought under 18 U.S.C.
g 3582(c)(2), but agrees to waive the right to appeal the denial of such a motion.
12. Use of Self-Incriminatins Information
The Government and your client agree, in accordance with U.S.S.G. $ 181.8, that the
Government will be free to use against your client for any purpose at the sentencing in this case
or in any related criminal or civil proceedingS, ffiy self-incriminating information provided by
your client pursuant to this Agreement or during the course of debriefings conducted in
anticipation of this Agreement, regardless of whether those debriefings were previously covered
by an “off the record” agreement by the parties.
Your client understands that the Court has an obligation to determine whether, and in
what amount, mandatory restitution applies in this case under 18 U.S.C. $ 3663A. The
Government will not be requesting that the Court order restitution as part of its sentence.
Payments of restitution shall be made to the Clerk of the Court. In order to facilitate the
collection of financial obligations to be imposed in connection with this prosecution, your client
agrees to disclose fully all assets in which your client has any interest or over which your client
exercises control, directly or indirectly, including those held by a spouse, nominee or other third
party. Your client agrees to submit a completed financial statement on a standard financial
disclosure form which has been provided to you with this Agreement to the Financial Litigation
Unit of the United States Attorney’s Office, as it directs. If you do not receive the disclosure
form, your client agrees to request one from firstname.lastname@example.org. Your client will
complete and electronically provide the standard financial disclosure form to
email@example.com 30 days prior to your client’s sentencing. Your client agrees to be
contacted by the Financial Litigation Unit of the United States Attorney’s Office, through
defense counsel, to complete a financial statement. Upon review, if there are any follow-up
questions, your client agrees to cooperate with the Financial Litigation Unit. Your client
promises that the financial statement and disclosures will be complete, accurate and truthfuI, and
understands that any willful falsehood on the financial statement could be prosecuted as a
separate crime punishable under 18 U.S.C. $ 1001, which carries an additional five years’
incarceration and a fine.
Your client expressly authorizes the United States Attorney’s Office to obtain a credit
report on yogr client in order to evaluate your client’s ability to satisff any financial obligations
imposed by the Court or agreed to herein.
Your client understands and agrees that the restitution or fines imposed by the Court will
be due and payable immediately and subject to immediate enforcement by the United States. If
the Court imposes a schedule of payments, your client understands that the schedule of payments
is merely a minimum schedule of payments and will not be the only method, nor a limitation on
the methods, available to the United States to enforce the criminal judgment, including without
limitation by administrative offset. If your client is sentenced to a term of imprisonment by the
Court, your client agrees to participate in the Bureau of Prisons’ Inmate Financial Responsibility
Program, regardless of whether the Court specifically imposes a schedule of payments.
Your client certifies that your client has made no transfer of assets in contemplation of
this prosecution for the purpose of evading or defeating financial obligations that are created by
this Agreement and/or that may be imposed by the Court. In addition, your client promises to
make no such transfers in the future until your client has fulfilled the financial obligations under
14. Breach of Agreement
Your client understands and agrees that, if after entering this Agreement, your client fails
specifically to perform or to fulfill completely each and every one of your client’s obligations
under this Agreement, or engages in any criminal activity prior to sentencing, your client will
have breached this Agreement. In the event of such a breach: (a) the Government will be free
from its obligations under this Agreement; (b) your client will not have the right to withdraw the
guilty plea; (c) your client will be fully subject to criminal prosecution for any other crimes,
including perjury and obstruction ofjustice; and (d) the Govemment will be free to use against
your client, directly and indirectly, in any criminal or civil proceeding, all statements made by
your client and any of the information or materials provided by your client, including such
statements, information and materials provided pursuant to this Agreement or during the course
of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not
the debriefings were previously characterized as “off-the-record” debriefings, and including your
client’s statements made during proceedings before the Court pursuant to Rule 11 of the Federal
Rules of Criminal Procedure.
Your client understands and agrees that the Government shall be required to prove a
breach of this Agreement only by a preponderance of the evidence, except where such breach is
based on a violation of federal, state, or local criminal law, which the Government need prove
only by probable cause in order to establish a breach of this Agteement.
Nothing in this Agreement shall be construed to permit your client to commit perjury, to
make false statements or declarations, to obstruct justice, or to protect your client from
prosecution for any crimes not included within this Agreement or committed by your client after
the execution of this Agreement. Your client understands and agrees that the Govemment
reserves the right to prosecute your client for any such offenses. Your client further understands
that any perjury, false statements or declarations, or obstruction ofjustice relating to your client’s
obligations under this Agreement shall constitute a breach of this Agreement. In the event of
such a breach, your client will not be allowed to withdraw your client’s guilty plea.
15. Complete Agreement
No agreements, promises, understandings, or representations have been made by the
parties or their counsel other than those contained in writing herein, nor will any such
agreements, promises, understandings, or representations be made unless committed to writing
and signed by your client, defense counsel, and an Assistant United States Attomey for the
District of Columbia.
Your client further understands that this Agreement is binding only upon the Criminal
and Superior Court Divisions of the United States Attomey’s Office for the District of Columbia.
This Agreement does not bind the Civil Division of this Office or any other United States
Attomey’s Office, nor does it bind any other state, local, or federal prosecutor. It also does not
bar or compromise any civil, tax, or administrative claim pending or that may be made against
If the foregoing terms and conditions are satisfactory, your client may so indicate by
signing this Agreement and the Statement of Offense, and returning both to me no later than July
3, 201 8.
United States Attomey
District of Columbia
555 4th Street,NW
I have read every page of this Agreement and have discussed it with my attorney,
Christopher J. Gowen. I fully understand this Agreement and agree to it without reservation. I
do this voluntarily and of my own free will, intending to be legally bound. No threats have been
made to me nor am I under the influence of anything that could impede my ability to understand
this Agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in
I reaffirm that absolutely no promises, agreements, understandings, or conditions have
been made or entered into in connection with my decision to plead guilty except those set forth
in this Agreement. I am satisfied with the legal services provided by my attorney in connection
with this Agreement and matters related to it.
o^t”, ‘) – j’lt
ATTORNEY’ S ACKNOWLEDGMENT
I have read every page of this Agreement, reviewed this Agreement with my client, Imran
Awan, and fully discussed the provisions of this Agreement with my client. These pages
accurately and completely set forth the entire Agreement. I concur in my client’s desire to plead
guilty as set forth in this Agreement.
Date: Z「 3・ ノ8