Plea Agreement Prudencio LeMagne

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Plea Agreement Prudencio LeMagne

  1. 1. H i E A AGWmLNT u WITH PRUDENCIO LEMAGNE 2sdE&&d This Office and Prudencio Lemagne agree to stipulate at sentencing to the statements set forth below, subject to the conditions in the attached plea agreement. 1. The defendant, on behalf of the Chief and other officers of the Police Department for the Town of West New York, solicited and accepted money payments from the owner/operators of illegal gambling businesses, from the owner/operator of a prostitution business and from the owner/operator of businesses that sold alcohol illegally after curfew hours to influence the performance of, and the failure to perform, his police duties. Accordingly, Section 2cl.l is the applicable guideline. &g U . S . S . G . 2El.l(a) (2). 2. The Offense involved more than one payment. Accordingly, a two-point adjustment to the Báse Offense Level is appropriate. S.ge U.S.S.G. 5 2C1.1 (b)(1). b' 3. The defendant's co-conspirator, Alexander V. Oriente, in his position as Chief of the WNYPD, held a high level decision making and sensitive position. U.S.S.G. § 2Cl.l(b) ( 2 ) (B). That section provides an eight point adjustment. That adjustment, however, is not applicable in this case because it is not greater than the adjustment applied pursuant to U.S.S.G. 5 2Cl.l(b)(2)(A) as set forth in 9 4. See U.S.S.G. 5 2Cl.l(b)(2). 4. The Offense also involved benefits generated by the defendant's co-conspirators during the course of the offense charged in Count Two in return for the payments to the defendant and to his WNYPD co-conspirators in amounts totaling approximately more than $800,000.00, but less than $1,500,000.00. That amount was equal to or greater than the total amount of bribe money paid to the defendant and his co-conspirators in connection with this offense, and was also greater than any identified pecuniary loss to the government that resulted from the offense. Accordingly, an eleven-point adjustment to the BaseOffense Level is appropriate. & U.S.S.G. § § 2Cl.l(b)(2)(A) and 2Fl.i(b) (1)(L). 5. The defendant was a manager and supervisor of the criminal activity named in the offense, which activity involved more than five participants and was otherwise extensive. Accordingly, a three-point adjustment to the Base Offense Level is appropriate. S e e U.S.S.G. 5 3Bl.l(a). ' ! 6. The applicable guideline for the tax offense charged in Count 61 of the Indictment is U.S.S.G. s 2Tl.l. &g U.S.S.G. 5 2T1.9(a)(l). That section directs the application of U.S.S.G. 5 2T1.1. W
  2. 2. . . ._ ~ . . . .... .. . . .. . . , - b 7. Pursuant to the 1997 provisions governing relevant conduct, the "tax loss," as defined under the guidelines, is an amount more than $13,500.00, but less than $23,500.00. Accordingly, the applicable offense level is 11. See U . S . S . G . 5s 1B1.3; ST4.1(F). 8. As of the date of this agreement, Prudencio Lemagne has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for the offenses charged. If the defendant continues to accept responsibiiity through the time of sentencing, then a decrease of 2 base offense levels would be appropriate. &=g U . S . S . G . 5 3El.l (a). 9. As of the date of this agreement, Prudencio Lemagne has timely notified authorities 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. Therefore, unless Prudencio Lernagne indicates an intention not to enter a plea of guilty, thereby forcing the government to prepare for trial, a downward adjustment of one additional level is appropriate. U.S.S.G. Lj 3 E l . l ( b ) ( S ) . *

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