Councilor SHERRIE ALI tell us this is not you?????? Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 1 of 7 FILED IN OPEN COURT UNITED STATES DISTRICT COURT JAA 2 7 2005 ec. MIDDLE DISTRICT OF LOUISIANA UNITED STATES OF AMERICA versus SHERRIE ALI BENSON CRIMINAL NO. 04-196-B-M2 PLEA AGREEMENT 1. The Office of the United States Attorney for the Middle District of Louisiana, through undersigned counsel, and the above-named defendant agree that the defendant will enter a plea of guilty to Count 1 of the bill of information charging making false claims to an agency of the United States, in violation of Title 18, United States Code, Section 287; and to Count 2 of the bill of information charging misuse of a social security number, in violation of Title 42, United States Code, Section 408(a)(7)(A). 2. The United States Attorney and the defendant agree that, if the Court accepts the guilty pleas, no additional criminal charges related to the violations contained in the bill of information will be brought against the defendant in this district. 3. The defendant agrees to fully and truthfully complete the financial statement provided to her by the Office of the United States Attorney and to return the financial statement to the undersigned Assistant United States Attorney within ten days of this agreement being filed with the Court. Further, upon request, she agrees to provide the Office of the United States Attorney with any information or documentation in her possession regarding her financial affairs and agrees to submit to a debtors examination when requested. The defendant agrees Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 2 of 7 to provide this information whenever requested until such time as any judgment or claim against her, including principal, interest, and penalties is discharged or satisfied in full. This information will be utilized to evaluate her capacity to pay the governments claim or judgment against her, whatever that claim or judgment may be. If the defendant refuses to comply with this paragraph or provides false or misleading information, she may, after a judicial finding of such, be prosecuted for any offense covered by the agreement, and all statements and information provided by the defendant may be used against her. The defendants pleas of guilty may not be withdrawn. 4. The defendant hereby expressly waives the right to appeal her conviction and sentence, including any appeal right conferred by Title 18, United States Code, Section 3742, and to challenge the conviction and sentence in any post-conviction proceeding, including a proceeding under Title 28, United States Code, Section 2255. The defendant, however, reserves the right to appeal the following: (a) any punishment imposed in excess of the statutory maximum, and (b) any punishment to the extent it constitutes an upward departure from the guidelines range deemed most applicable by the sentencing court; and (c) the applicability of the United States Supreme Courts holdings in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Blakely v. Washington, 124 S.Ct. 2531 (2004) to the United States Sentencing Guidelines. Nothing in this paragraph shall act as a bar to the defendant perfecting any legal remedies she may otherwise have on appeal or collateral attack respecting claims of ineffective assistance of counsel. 5. The defendant understands that, as a result of this Plea Agreement, she could receive a maximum sentence of five (5) years imprisonment, a $250,000 fine, or both, for Count 1; and a maximum sentence of five (5) years imprisonment, a $250,000 fine, or both, for Count 2. Therefore, the maximum sentence under this plea agreement is a term of imprisonment of not -2- Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 3 of 7 more than 10 years, a $500,000 fine, or both. In addition, the Court must impose a special assessment of $100 for each count, which defendant agrees to pay at the time of sentencing. The Court may also order restitution in accordance with the law. The defendant understands that, if the Court imposes a term of imprisonment of more than one (1) year, she must receive a term of supervised release after imprisonment of at least two (2) years and not more than three (3) years. The defendant further understands that supervised release is a period of supervision during which she must comply with certain rules. Supervised release is imposed in addition to any sentence of imprisonment, and a violation of the conditions of supervised release can subject the defendant to imprisonment for the entire term of supervised release up to two years, without credit for any time already served on the term of supervised release. The defendant understands that the Court must consider applicable sentencing guidelines but may depart under some circumstances. No other representations are made as to the application of the United States Sentencing Guidelines. 6. Pursuant to Rule 11(c)(3)(A) and 11(c)(5), Federal Rules of Criminal Procedure, the Court may accept or reject this Plea Agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the Presentence Report. If the Court rejects the Plea Agreement, the Court, on the record, will so inform the defendant and advise the defendant that the Court is not bound by the Plea Agreement. The Court will give the defendant an opportunity to withdraw the pleas and will advise the defendant that, if the pleas are not withdrawn, the disposition of the case may be less favorable to the defendant than contemplated by the Plea Agreement. 7. The United States and the defendant stipulate, for purposes of Rule 11(b)(3) of the Federal Rules of Criminal Procedure and pursuant to Section 681.4 of the United States Sentencing Guidelines, to the following factual basis: -3- Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 4 of 7 COUNT ONE : Nazir Ali On April 1, 2001, SHERRIE ALI BENSON (BENSON) electronically filed a false 1999 U.S. Individual Income Tax Return bearing the name Nazir Ali. Nazir Ali is her father. He did not authorize the filing of the return. The return was false in that it was filed under the incorrect name, and since BENSON was married at the time, the income should have been included in the joint tax return BENSON and her husband filed. BENSON falsely claimed a refund of approximately $6,471.00. The loss to the United States was $6,471.00. On March 28, 2001, BENSON also electronically filed a false 2000 U.S. Individual Income Tax Return bearing the name Nazir Ali. The tax return falsely listed wages and amounts withheld in Federal income taxes. The return falsely claimed a refund of $108,392. There was no loss to the United States due to this return. Sherrie Ali On April 1, 2001, BENSON electronically filed a false 2000 U.S. Individual Income Tax Return bearing the name Sherrie Ali. The return falsely listed wages and amounts withheld in Federal income taxes. The return falsely claimed a refund of $166,564. There was no loss to the United States due to this return. Suzette All Braswell On January 30, 2001, BENSON electronically filed a false 2000 U.S. Individual Income Tax Return in the name of Suzette Ali Braswell. Braswell is the sister of BENSON. The tax return falsely listed itemized deductions. The return falsely claimed a refund in the amount of $3,121.00. The loss to the United States for this return was $1,241.00. Ryan Ali On February 7, 2002, BENSON electronically filed a false 2001 U.S. Individual Income Tax Return in the name of her brother, Ryan Ali. The return falsely listed wages and amounts withheld in federal taxes. The return falsely claimed a refund of $129,874.00. There was no loss to the United States due to this return. Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 5 of 7 Joseph & Sherrie Benson BENSON electronically filed false joint 1999, 2000 and 2001 U.S. Individual Income Tax Returns. The returns falsely listed wages and itemized deductions. The 1999 return falsely claimed a refund of $10,766. The loss to the United States was $12,647. The 2000 return falsely claimed a refund of $14,706. The loss to the United States was $24,147. The 2001 tax return falsely claimed a refund of $90,739. The loss to the United States was $7,711. The total amount of refunds claimed from the false U.S. Individual Income Tax Returns electronically filed by BENSON was $530,633.00. The total loss to the United States is $52,217. COUNT TWO: On January 10, 1990, Sherrie Hamidan Lorna Ali (later BENSON) completed Form SS-5, Application for a Social Security Card. Ali listed her legal status in the United States of America as a Legal Alien not allowed to work and her date of birth as XX/XX/1973. Sherrie Alis father and mother were listed as Nazir Ali and Maureen Delabastide. Sherrie Alis place of birth was listed as San Fernando, Trinidad. The Social Security Administration was shown a Trinidad and Tobago passport and an Immigration Form I 94. She was issued Social Security number XXX-XX-8524. On July 19, 1999, Sherrie Ali completed Form SS-5, Application for original Social Security number card in person at the Baton Rouge Social Security Office using the name Sherrie Ali Benson. She listed her citizenship as legal alien allowed to work, and listed her date of birth as XX/XX/1973. On the Form SS-5, Sherrie All was asked, Has the applicant or anyone acting on his/her behalf ever filed for or received a social security number card before? She stated, No. She was improperly issued Social Security number XXX-XX-6686. Sherrie Ali knew that this was a false statement because she was issued Social Security number XXX-XX-8524 on January 10, 1990. On July 14, 2004, BENSON completed an Application for Replacement Social Security Number card. She listed her citizenship as legal alien allowed to work and listed her date of birth as XX/XX/1973. On the Form SS-5, BENSON was asked, Has the applicant or anyone acting on his/her behalf ever filed for or received a social security number card before? She responded, Yes. BENSON listed her social security number as XXX-XX-8524. She didnt advise the Social Security Administration that she had another social security number bearing XXX-XX-6686 which she had obtained in July 1999. -5- Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 6 of 7 The Louisiana Department of Motor Vehicles was contacted in reference to Sherrie Alis Louisiana Drivers License. The Louisiana Department of Motor Vehicles furnished certified copies of Sherrie Alis Louisiana Drivers License records. On December 21, 1998, Sherrie Ali obtained a Louisiana Drivers License number at the Baton Rouge Office of the Louisiana Department of Motor Vehicles, in the name of Sherrie Harridan Ali, date of birth XX/XX/1973, 1486 Lila Ave, Baton Rouge, Louisiana, 70820, Social Security number XXX-XX-8524. On October 13, 1999, Sherrie Ali completed a Louisiana Drivers License renewal application at the Baton Rouge Express Office of the Louisiana Department of Motor Vehicles in the name of Sherrie Ali Benson, date of birth XX/XX/1973, 16049 Lakeside Court, Prairieville, Louisiana, 70769, Social Security number XXX-XX-6686. The Social Security number was changed from XXX-XX-8524 to Social Security number XXX-XX-6686. On September 12, 2002, Sherrie Ali completed a Louisiana Drivers License renewal application at the Baton Rouge Express Office of the Louisiana Department of Motor Vehicles, in the name of Sherrie Ali Benson, date of birth XX/XX/1973, 16225 Feliciana, Prairieville, Louisiana 70769, Social Security number XXX-XX-6686. 8. The defendant understands that Count 1 of the bill of information charges her with the commission of more than one crime. The defendant waives.any objection to being charged with more than one crime in a count. 9. The defendant acknowledges that there is no agreement with the United States as to the actual sentence that will be imposed by the Court as a result of this Plea Agreement and acknowledges that no promises or assurances have been made to her as to what the sentence will be. The defendant acknowledges that the terms herein constitute the entire agreement and that no other promises or inducements have been made. The defendant acknowledges that she has not been threatened, intimidated, or coerced in any manner. • Case 3:04-cr-00196-FJP-CNI Document 8 01/21/05 Page 7 of 7 10. The defendant acknowledges that this Plea Agreement has been entered into knowingly, voluntarily, and with the advice of counsel, and that she fully understands the agreement. The defendant has no objection to the legal representation she has received. This Plea Agreement is entered into this day of December, 2004, at Baton Rouge, Louisiana.
Posted on: Sun, 05 Oct 2014 00:52:22 +0000
Trending Topics
Recently Viewed Topics
© 2015