Michael Fortier's Plea Agreement
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
MICHAEL J. FORTIER,
Pursuant to Rule 11(e), Federal Rules of Criminal Procedure, the United States, through its undersigned attorneys, and the defendant, Michael J. Fortier, and his attorney, Michael McGuire, hereby submit the attached letter agreement as the plea agreement of Michael J. Fortier and the United States in this case. It is understood that this Plea Agreement is the only agreement between the United States and defendant Michael J. Fortier, concerning his plea of guilty in the above-styled action, and that there are no other deals, bargains, agreements, or understandings which modify or alter this agreement.
Dated this 10th day of August, 1995./s/MICHAEL J. FORTIER
U.S. Department of Justice
United States Attorney
Western District of Oklahoma
210 W. Park Avenue, Suite 400
Oklahoma City, Oklahoma 73102-5628
August 4, 1995
Michael G. McGuire
Attorney at Law
825 N.W. 85th
Oklahoma City, Oklahoma 73118
Re: Michael Fortier
Dear Mr. McGuire:
The United States of America understands that your client, Michael Fortier, wishes to resolve his criminal liability in the above- titled matter. This letter sets forth the terms and conditions under which the government will enter into a disposition of this matter with Mr. Fortier.
1. CHARGES. Mr. Fortier agrees to enter a plea of guilty to an Indictment or Information that charges him with the following four offenses:
(a) conspiring with Timothy McVeigh and Terry Nichols to transport in interstate commerce and sell stolen firearms, having reasonable cause to believe the firearms were stolen, in violation of Title 18, United States Code, Section 371;
(b) transporting stolen firearms in interstate commerce on or about December 17, 1994, having reasonable cause to believe the firearms were stolen, in violation of Title 18, United States Code, Section 922(i);
(c) making a materially false statement in a matter within the jurisdiction of the Department of Justice between April 21 and April 24, 1995, by falsely denying to FBI agents that he had knowledge of the plans of Timothy McVeigh and Terry Nichols to bomb the federal building in Oklahoma City, Oklahoma, in violation of Title 18, United States Code, Section 1001; and
(d) concealing and not making known as soon as possible to a person in civil authority under the United States his knowledge of the actual commission of a felony cognizable by a court of the United States -- that is, the bombing of the federal building in Oklahoma City, Oklahoma -- in violation of Title 18, United States Code, Section 4.
Mr. Fortier agrees to waive any claim concerning venue and to waive any right to appeal except his right to appeal an unlawful sentence.
2. FACTUAL ADMISSION OF GUILT. Mr. Fortier admits that he is in fact guilty of the charges set forth in the previous paragraph, and he will make a factual admission of guilt before the court.
3. POTENTIAL PENALTIES. Mr. Fortier understands that the maximum penalties to which he may be sentenced are as follows:
(a) Five years imprisonment, a $250,000 fine, a term of supervised release of at least 3 years, and a special assessment of $50 for the violation of 18 U.S.C. 371;
(b) Ten years imprisonment, a $250,000 fine, a term of supervised release of at least 3 years, and a special assessment of $50 for the violation of 18 U.S.C. 922(i);
(c) Five years imprisonment, a $250,000 fine, a term of supervised release of at least 3 years, and a special assessment of $50 for the violation of 18 U.S.C. 1001; and
(d) Three years imprisonment, a $250,000 fine, a term of supervised release of at least 1 year, and a special assessment of $50 for the violation of 18 U.S.C. 4.
Mr. Fortier further understands that the sentencing court may order that the sentence for each offense be served consecutive- ly to the sentence of every other offense, except that the terms of supervised release for all four offenses must be ordered to run concurrently. Mr. Fortier also understands that the sentencing court must order a special assessment of $50 for each offense of conviction. Thus, Mr. Fortier understands that he could be sentenced to a total of 23 years imprisonment, a $1,000,000 fine, and 3 years supervised release, and that he must be ordered to pay a special assessment of $200.
4. SENTENCING GUIDELINES. Mr. Fortier understands that the sentence to be imposed on him, which may be up to the maximum penalty allowed by law, will be determined solely by the sentencing judge, and that the United States cannot and does not make any promises, representations or predictions regarding what sentence the judge will impose. Mr. Fortier further understands that his sentence will be determined in accordance with the guidelines and policies promulgated by the United States Sentencing Commission, but that the judge may depart from those guidelines under some circumstances. Mr. Fortier understands that if the judge imposes a sentence greater than that provided in the sentencing guidelines, or which is in any other way unsatisfactory to him, he cannot withdraw his guilty plea. This does not, however, limit Mr. Fortier's right to appeal an unlawful sentence.
5. COOPERATION. Mr. Fortier agrees that he will continue to cooperate completely, candidly, and truthfully with all investigators and attorneys of the United States, by truthfully providing all information in his possession relating directly or indirectly to all criminal activity and related matters of which he has knowledge. He will neither falsely implicate nor falsely protect any other person. Mr. Fortier will provide such informa- tion whenever, and in whatever form the United States shall reasonably request. This includes, but is not limited to, submitting to interviews at such reasonable times and places as are determined by counsel for the United States, providing all documents and other tangible evidence requested of him, and testifying completely and truthfully before any grand jury, or at any trial or other proceeding. The parties agree to seek a continuance of Mr. Fortier's sentencing until he has completed his cooperation and rendered his testimony, including any trial testimony, as described in this paragraph.
6. SECTION 3553(e) MOTION. If Mr. Fortier completely fulfills all of his obligations under this agreement, at the time of sentencing the United States will advise the sentencing judge of the full nature, extent and value of the cooperation provided by Mr. Fortier. In addition, the United States will evaluate the information provided by Mr. Fortier pursuant to the preceding paragraph. If the government determines, in its sole discretion, that Mr. Fortier has rendered substantial assistance in the investigation and prosecution of others involved in criminal activities, then it will file a motion pursuant to 18 U.S.C. 3553(e) and Sentencing Guideline 5K1.1, which will so advise the judge. Mr. Fortier understands, however, that the sentencing judge will have the sole discretion to determine the actual sentence, and the government cannot and does not make any promises, represen- tations or predictions regarding what sentence the judge will impose.
7. ADDITIONAL CHARGES. If Mr. Fortier completely fulfills all of his obligations under this agreement, the United States agrees -- except as provided below -- to bring no additional criminal charges against him related to his involvement with Timothy McVeigh and Terry Nichols. This agreement applies only to conduct concluded prior to the date of this agreement, and only to the extent that Mr. Fortier has informed the United States of that involvement prior to the signing of this agreement. This agreement does not apply to any further charges which could be brought against Mr. Fortier for actions related to different matters than those described in this paragraph. Mr. Fortier understands that the State of Oklahoma, through the District Attorney for Oklahoma County, Oklahoma, Robert Macy, has been fully informed of the terms of this agreement and has agreed that, if Mr. Fortier fully complies with the terms of this agreement and fully cooperates with the State of Oklahoma, then no additional criminal charges will be filed against Mr. Fortier by the State of Oklahoma.
8. ALLOCUTION AND STEP-BACK. The United States reserves the right to allocute fully at sentencing, to inform the Probation Office of any relevant facts, and to correct any discrepancies in the presentence report. The United States will request that Mr. Fortier be detained pending sentencing, and Mr. Fortier agrees not to object.
9. BREACH OF AGREEMENT. If further investigation discloses that Mr. Fortier conspired to bomb any federal building, or if Mr. Fortier fails to comply with any of the provisions of this agreement, or refuses to answer any questions put to him, or makes any false or misleading statements to investigators or attorneys of the United States, or makes any false or misleading statements or commits any perjury before any grand jury or court, or commits any further crimes, then the United States will have the right to characterize such conduct as a substantial breach of this agreement, in which case the obligations of the United States under this agreement will be void and the United States will have the right to prosecute Mr. Fortier for any and all offenses that can be charged against him in any district or state.
10. USE OF INFORMATION. Mr. Fortier understands that, except in the circumstances described in this paragraph, the United States will not use against him any statements he makes pursuant to this plea agreement in any criminal case, other than a prosecution for perjury, giving a false statement, or obstructing justice. Mr. Fortier agrees that: (a) The United States may use against him information directly or indirectly derived from statements he makes or information he provides pursuant to this plea agreement, and may pursue and use against him the fruits of any investigative leads suggested by such statements or other information; (b) In the event Mr. Fortier is ever a witness in any trial or other judicial proceeding, the government may cross-examine him concerning any statements he makes or other information he provides pursuant to this plea agreement; (c) At any trial or other judicial proceeding, the government may introduce evidence regarding such statements or other information in rebuttal; (d) Statements he makes and information he provides pursuant to this plea agreement may be used in the plea and sentencing proceedings on the charges described in paragraph 1 above, which are the subject of this agreement; and (e) In the event of a breach of this agreement as described in the preceding paragraph, any statements made or information provided by Mr. Fortier, whether subsequent to or prior to this agreement, may be used against him, without limitation, in any federal, state or local prosecution. Mr. Fortier knowingly and voluntarily waives any rights he may have, pursuant to Fed. R. Evid. 410 and Fed. R. Crim. P. 11(e)(6), which might otherwise prohibit the use against him of such information under the circumstances just described.
11. NO OTHER AGREEMENTS. No other agreements, promises, understandings or representations have been made by the parties or their counsel than those contained in writing herein, nor will any such agreements, promises, understandings or representations be made unless committed to writing and signed by Mr. Fortier, his counsel, and an authorized representative of the United States.
If your client agrees to the conditions set forth in this letter, please sign the original and return it to me.
PATRICK M. RYAN
United States Attorney
JOSEPH M. HARTZLER
Special Assistant U.S. Attorney
I have read this agreement and carefully reviewed every part of it with my attorney. I fully understand it and voluntarily agree to it. No agreements, promises, understanding or representa- tions have been made with, to or for me other than those set forth above./s/MICHAEL J. FORTIER
I am Michael J. Fortier's attorney. I have reviewed every part of this agreement with him. It accurately and complete- ly sets forth the entire agreement between Michael J. Fortier and the United States./s/MICHAEL G. MAGUIRE
I, Robert Macy, District Attorney for Oklahoma County, Oklahoma, concur with the terms of this agreement./s/ROBERT MACY
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