Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 1 of 10

W'
,
,

U NITED STA TES D ISTRICT COURT

SOU THERN DISTR ICT OF FLOR IDA

CASE NO. 17-14009 -CR-MKRTINEZ/LYNCH

UNITED STA TE S OF AM RRICA ,

V.

QAT.PH ROBERT JAMES SERGO ,

Defendant .
/
PLEA AGREEM ENT

The Sta te s of Am erica and QAT.PH ROBERT JAM RS SERGO ,

(hereinafter referred d'Defendant'')

The Defendant agrees plead guilty to Count One of the

Indictment, charges Attempt Import Controlled
Sub stance- NALS D''
United States 55 952 (a)and 9637 Coupt
Two, Possession with Manufacture Distribute
Controlled Substance- Lysergic Acid Diethylamide, also knewn as
of Title 21, United States Code, 55 841(a)(1),
846, and 2l:841(b )(1)(A) (v); Count Carrying a Firearm
During and in Relation Possession ln Furtheranca
Trafficking Crime, violation
States Code, 55 924 (c)(1)(A )(i); Count Four, Attempt to Distcibute
Controlled Substance- Lysergic Acid Diethylamide, also known
United States Code, 55 841(a)(1),
21 :84l (b ) (1) (A ) (v ); F.
ive , Carry5ng Firea u-m
Relation Possession F'irea rm Tn Fu rtheran cis,
o f a Drug Tra fficking Crime z in viola tj.on

M vr, O X ZM - *
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 2 of 10

Code, 55 924 (c)(1)

Defendant is aware that the sentence will be imposed
by the Court after considering the Federal Sentencing Guidelines
and Policy Statements (hereinafter Sentencing Guidelines).
Defendant acknowledges and understands that the Court will compute
advisory sentence under
Court relying,
part, on the results of a Pre-sentence Investigation by the Court's
Probation Office, which investigation will commence after the
plea has been entered . The Defendant aware that,
under certain circum stances, the Court may depart from the advisory
sentencing guideline range it has computed, may raise
lower that advisory sentence under the Sentencing Guidelines . The
Defendant is further aware and understands that the Court is
required to consider the
the Sentencing impose
sentence ; the Cou rt ta ilor u ztimate sen tence
other statutory concerns, and sentence may
either more severe or less severe than the Sentencing Guidelines'
advisory sentence . Knowing these facts, the Defendant understands
that the Court has authority impose
sentence to the statutory maximum authorized by
paragraph one and Defendan t
may not withdraw the plea solely as a result of the sentence
imposed. The Defendant is also aware that a sentence imposed under
the provide for parole .
Defendant understands acknowledges that,
Count One, mandatory minimum sentence
of five (5) years' up to the statutory maximum term of forty
years' imprisonment, followed by a term supervised release

2
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 3 of 10

(4) years up to life. In addition to a term of imprisonment

and supervised release, the impose
$5,000,000. As Counts Two and Four: the Court must impose
mandatory minimum sentence years' up statutory
maximum term of Life imprisonment, followed by a term of supervised
release years up life . In addition to
imprisonment and the Court may impose
of up to Count Three, Court must impose
mandatory minimum sentence of five years' up the statutory
maximum term of imprisonment, consecutve any othex
sentence imposed, followed by release of
years up In addition a term of imprisonment
supervised release, Court may impose a fine of up to $250,000.
As Count Five, the must impose mandatory minimum
sentence of twenty-five years' up to the statutory maximum
imprisonment, consecutive sentence
imposed,
up to life . a term of
release , the Court may impose a fine of up to $250 ,0O0 .
The Defendant further understand and acknowledges that,
addition to any sentence imposed under paragraph
agreement l special assessment
imposed Defendant . Defendant agrees special
assessment imposed shall be paid at the time of sentencing .
Defendant is financially unable to pay the special assessment , the
Defendant agrees to present evidence the Office of the
the Southern District of Florida (herein aftez
United and the Court at sentencing as
the reasons fa ilure to p ay .
Defendant agrees forfeit Uni ted
voluntarily and immediately a11 right , title interest

3
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 4 of 10
<

to for feitu re
pursuant Title United States Code, Section 853, and Title
United States Code, Section and Title 18, United States
Code, Section 924 (d) including the following :
a. 66.95285919 bitcoin, Electrum Bitcoin Wallet,
SEED identification ending in nachieve/';

41028506210.
Apple Mac Book Pro model A1398 bearing serial number :
CO2QTO8NG8WP with a yellow flash drive attached;
Apple I-phone model Bearing IMEI number :
355878068426915;
Apple Mini Laptop SN W88217NW 0P2;
HP laptop SN BCAJT10OC9D9R0bbca;
Lenovo laptop model 8OUD SN MP147RXV
Two gray
HTC smart phone model number OP6B12O;
Nikon Camera model D3200 SN 3088412
EMTEC 30 MB SD card;
RG Industries, Model RG14, 22 caliber revolver, SN
437198;
American Arms, Model Sidewinder, Caliber
revolver, PT06424;
Glock 19? 9mm pistol, Ser# ZXZ513 Glock 26, 9mm
SN ZYY698;
Sig Sauer, Model SIGPM40O, caliber pistol, SN
20K029670;
Smith & Wesson , Model Airweight, .38 calsber pistol,
CJV467O;
One (1) Sig Sauer M40O Magazine;
One (1) Glock 19 Magazine;
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 5 of 10
<

Sixty-four rounds of 9mm ammunition;

Fifty-six rounds of ammunition;
u. Three (3)Glock 9mm magazines;
Five rounds of ammunition;
The Defendant agrees that the $15,787 .00 Currency and
bitcoin (items a and b ) represent proceeds constituting or derived
and Four to which
the Defendant is p leading guilty, and the computers, cellular
phones, flash drives, camera, and SD card (items c through k)
used or intended to be used to facilitate the violations in
Four which Defendant pleading .
Defendant
(items 1 through v) were used or intended to be used to facilitate
the violations Counts Three and Five.
Defendant further agrees and assist the
Government forfeiture take
whatever steps are necessary pass clear
States, including, but not limited to, execution of a consent
forfeiture or other documents as may be needed to fully accomplish
the forfeiture . Defendant further knowingly and voluntarily
waives the following rights as to the assets subject to forfeiture:
constitutional, legal and equitable defenses
forfeiture of the assets in any judicial or administratve
proceeding; judicial administrative
forfeiture and related deadlines;
double jeopardy, statutory;
claim or defense under the Eighth Amendment to the United
Constitution, including any claim of excessive fine, the
forfeiture of these assets by the United States; and (5) any right
appeal any order of forfeiture entered by the Court pursuant
this plea agreement. Defendant further understands
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 6 of 10
<

forfeiture of these assets shall not be treated as satisfaction

offset against any fine, restitution, cost of imprisonment,
other penalty this court may impose on the defendant .
The United States reserves the right
and the probation offiee a11 facts pertinent
process, including relevant information concerning
offenses committed, whether charged or as well as concerning
the Defendant and the Defendant's background. Subject only to the
express terms any agreed-upon sentencing recommendations
contained this agreement, the further reserves
right to make
punishment .
The United States agrees that recommend at
sentencing that Court reduce by levels the sentencing
guideline level
Section 3E1.1 Sentencing Guidelines,
Defendant's recognition and affirmative and timely acceptance
personal responsibility . at the time sentencing the
Defendant 's offense level is determined greater,
United States will make a motion requesting an additional
level decrease, pursuant Section 3E1.2 (b ) Sentencng
Guidelines, stating that the Defendant has
the investigation or prosecution of his own misconduct by timely
intention to enter a plea of
thereby permitting the
and permitting the United States and the their
resources efficiently. The United States, however,
required to make this motion if the Defendant:
a. fails or refuses to make full, accurate and complete
disclosure to the Probation Office of the circumstances
surrounding the relevant offense conduct;

6
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 7 of 10
<

b. is
States prior

c. commits any misconduct after entering into this plea

agreement, including but not limited to committing a state or
federal offense, violating any term of releasez or making false
statements or misrepresentations to any governmental entity or
official.

The Defendant understands violates

provision of agreement, guilty plea is vacated
withdrawn, the United States be free from any obligations
the agreement and free to prosecute the Defendant for offenses
which it has knowledge . Defendant
any objeetions based in prosecution. plea
vacated or withdrawn any reason other than a finding that
was involuntary, the Defendant also waives objection the use
against him of any (other than statements made for which use
immunity was given) information statements provded
the United States? and resulting leads.
Defendant agrees that he shall cooperate fully with
the United States by : providing truthful and complete
information and testimony, and producing documents, records and
other evidence, when called upon by the United States, whether
interviews, before a grand jury, at any other Court
proceeding; appearing such grand jury proceedings,
hearings, proceedings, and at meetings,
as may be required by the United States; and requested by
the USAO, working undercover role under the supervision
compliance with, 1aw enforcement officers agents.
addition, the Defendant agrees he will not protect any person
entity through false information or omission?
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 8 of 10
<

falsely implicate any person or entity, he will

crimes .
The United States reserves the right to evaluate the
nature and extent of the Defendant's cooperation and to make that
cooperation? lack thereof, known to the
sentencing. in the sole and unreviewable judgment of the USAO,
the Defendant's cooperation is of such quality and significance
the investigation or prosecution of other criminal matters as to
warrant Court's downward departure from advisory

the Un ited
make a motion prior Section 5K1 .l of
Sentencing Guidelines and/or Title United States Code , Section
3553 (e ), subsequent to sentencing pursuant Rule
Federal Rules Criminal Procedure t informing the Court that
Defendant provided substantial assistance recommending
the Defendant's sentence reduced . Defendant
understands and agrees, however, that nothing in agreement
requires the United States and
United States assessment
Defendant's cooperation shall relates
appropriateness of this Office's filing or non-filing of a motion
to reduce sentence .
The Defendant understands and acknowledges
is under obligation grant a motion reduction
sentence filed Government . addition, Defendant
further understands and acknowledges is under
obligation of any type to reduce the Defendant's sentence because
the Defendant's cooperation .
Th e Defendant aware the sen tence yet
been determined Court . Defendant also is aware that

8
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 9 of 10
<

any estimate probable sentencsng range or sentence

Defendant may receive? whether estimate comes
Defendant's attorney, the United Stateaz or the probation office,
is a prediction, not a promise, not binding on the United
States? the probation or the The Defendant
understands further tha t
m akes the sentencing , wheth er pursuan t
agreement or otherwise, not binding on the Court and the Court
may disregard the recommendation in its entirety . The Defendant
understands and acknowledges, previously acknowledged
paragraph two above, that the Defendant may not withdraw
based upon Court's decision sentencing
recommendation made Defendant, United States,
recommendation made jointly by b0th the
States .
The Defendant is aware that Title United States Code,
Section 3742 affords the Defendant the to appeal the sentence
imposed this Acknowledging this, in exchange
undertakings made by the plea agreement,
defendant hereby waives rights conferred Section 3742
appeal any sentence imposed ? including any
to appeal the manner in which the sentence was imposed ,
sentence exceeds the maximum permitted by statute or is the result
upward departure from guideline the court
establishes at sentencing. The Defendant further understands
nothing agreement shall affect government's right
and/or duty to
Seetion 3742 (b ). However, the United States appeals the
Defendant's sentence pursuant Section 3742 (5), Defendant
shall be released from the above waiver appellate
signing this agreement, Defendant acknowledges
Case 2:17-cr-14009-JEM Document 26 Entered on FLSD Docket 06/27/2017 Page 10 of 10
<

discussed appeal waiver forth agreement

attorney . The Defendant further agrees? together with the United
States, to request that the district court enter a
that the Defendant's waiver of his right to appeal sentence to
be imposed in this case was knowing and voluntary .
l4. Defendant acknowledges that he has futly discussed
agreement and plea pursuant
thereto with his attorney, and that his attorney has answered each
of his questions about the strength of the United States' case as
well as the following rights:
United States' witnesses, in his own behalf, to not be
compelled provide self-incriminating testimony,
witnesses for the defense, and to appeal any adverse verdict
may result from a trial. The Defendant further acknowledges
he fully satisfied with the representations provided
attorney.
the entire agreement and understanding between
the United States and the Defendant. There are no other
agreements, promises, representations, understandings between
the United States and the Defendant.

BENJ IN . GREEN BERG

ACT TED STA TES A TTORNE Y

DATE: i/wJc I I
BY :
C BERGER
Assl ITMD STATES ATTORNEY
DATE:Y'
/ 1? ROBERT B .
' APOW S
ATTORN EY FOR DEFEN DM T

DATE:y
-j.
yoy .).
I '
,
A SK
.. .Xf.
RAL P R O T AM ES SERGO
DEFENDANT