Allied Freight Forwarding Inc. Plea Agreement by backgroundnow

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									IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA v. ALLIED FREIGHT FORWARDING, INC., Defendant. ) ) ) ) ) ) )

2009-11-27

CRIMINAL NO. 1:06CR57 Count I: Count II: 15 U.S.C. § 1 15 U.S.C. § 1

Filed: 2/24/06

PLEA AGREEMENT The United States of America and defendant Allied Freight Forwarding, Inc., a corporation organized and existing under the laws of the State of Delaware and defendant’s counsel, hereby enter into the following Plea Agreement pursuant to Federal Rules of Criminal Procedure 11(a)(1) and 11(c)(1)(B). 1. Offense and Maximum Penalties

The defendant agrees to waive indictment and plead guilty to a criminal information charging the defendant with two counts of conspiracy to restrain trade, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1. The defendant understands that the statutory maximum penalty which may be imposed upon conviction for each violation of 15 U.S.C. § 1 is a fine equal to the greatest of: (a) (b) $10 million (15 U.S.C. § 1); twice the gross pecuniary gain the conspirators derived from the crime (18 U.S.C. § 3571(c) and (d)); or (c) twice the gross pecuniary loss caused to the victims of the crime by the conspirators (18 U.S.C. § 3571(c) and (d)).
SOURCED: WWW.BACKGROUNDNOW.COM Page 1 of 14 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

In addition, the defendant understands that: (a)

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pursuant to 18 U.S.C. § 3561(c)(1), the Court may impose a term of probation of at least one year, but not more than five years;

(b)

pursuant to § 8B1.1 of the Sentencing Guidelines, the Court may order it to pay restitution to the victims of the offenses; and

(c)

pursuant to 18 U.S.C. § 3013(a)(2)(B) and U.S.S.G. § 8E1.1, the Court is required to order the defendant to pay a $400 special assessment upon conviction for each of the charged crimes.

2.

Factual Basis for the Plea

The defendant will plead guilty because the defendant is in fact guilty of the charged offenses. The defendant admits the facts set forth in the statement of facts filed with this plea agreement and agrees that those facts establish guilt of the offense charged beyond a reasonable doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a stipulation of facts for purposes of Section 1B1.2(a) of the Sentencing Guidelines. In addition, this plea agreement and statement of facts, together with the record that will be created by the United States and the defendant at the plea and sentencing hearings will provide sufficient information concerning the defendant, the crimes charged in this case, and the defendant’s role on the crimes to enable the meaningful exercise of sentencing authority by the Court, as required under 18 U.S.C. § 3553. 3. Assistance and Advice of Counsel

The defendant is satisfied that the defendant’s attorney has rendered effective assistance. The defendant understands that by entering into this agreement, defendant
SOURCED: WWW.BACKGROUNDNOW.COM Page 2 of 14 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

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surrenders certain rights as provided in this agreement. The defendant understands that the rights of criminal defendants include: a. b. c. the right to plead not guilty and to persist in that plea; the right to a jury trial;

2009-11-27

the right to be r
								
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