McTigue Plea Agreement

8/20/2019 McTigue Plea Agreement

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O R l \ ~ ~

L

FLORENCE T.

NAKAKUNI

United

Sta t e s

Attorney

Di s t r i c t

of

Hawaii

JOHN

A. MICHELICH

Senior

Li t i ga t i on

Counsel

2286

Criminal Divis ion Fraud Sect ion

United

Sta t e s Department

of

Ju s t i c e

E-mail :

john.michel ich®usdoj

.gov

MARC A. WALLENSTEIN

Ass i s t an t

United

Sta t e s Attorney

Room 6-100, PJKK Federal Bldg.

300

Ala Moana Boulevard

Honolulu, HI 96850

Telephone: (808)

541-2850

Facs imi le : (808) 541-2958

E-mail :

marc.wallenstein®usdoj

.gov

Attorneys for

Pla in t i f f

UNITED STATES OF

AMERICA

FILED IN

THE

UNITED STATES DISTRICT COURT

DISTRICT OF HAWAII

JUL 2 2

2 15

j _ { _ c l o c k n d ; r

m

._ M.

SUE

IN

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF

HAWAII

UNITED STATES

OF AMERICA

Pla in t i f f

v.

JENNIFER ANN MCTIGUE

Defendant .

01)

CR.

NO 14-00010

CBM

MEMORANDUM

OF PLEA AGREEMENT

DATE: Ju ly 21,

2015

TIME:

11:30 a.m

.

JUDGE: Consuela B. Marshal

MEMORANDUM

OF PLEA AGREEMENT

Pursuant

to

Rule

11

of

the

Federal

Rules

of Criminal

Procedure ,

the

UNITED STATES OF AMERICA, by i t s a t torney

the

United

Sta tes

Atto rney fo r the Dis t r i c t of Hawaii, and the

Defendant , JENNIFER

ANN

MCTIGUE, and

her

standby counsel ,

Lynn

Panagakos, have agreed

upon the

fo l lowing

:

Case 1:14-cr-00010-CBM Document 192 Filed 07/22/15 Page 1 of 18 PageID #: 1746


2/18

1.

Defendant

acknowledges

t ha t she has been charged

in

the Indictment

wi th

v io la t ing Ti t l e 18, United Sta tes

Code,

Sect ion

371,

1956(h),

1343, 1341 and 1957.

Defendant

i s

ac t ing

as

her

own

a t to rney

in

these

proceedings . Stand-by counsel

has

been

appoin ted

but

does

not

represent Defendant . Accordingly,

any re fe rences to Defendant ' s a t torney in t h i s

Agreement

r e f e r

to Defendant herse l f ,

not

to her standby counsel .

2. Defendant has

read

the

charges

aga ins t he r

contained

in the

Indictment ,

and those charges have

been

fu l ly

explained

to

her

by

her

s tandby

counsel .

3. Defendant fu l l y

unders tands

the nature and

elements

of

the crimes

with which

she

has

been charged.

4. Defendant wi l l en te r

a

volun tary

plea

of gu i l ty to

Counts and

2

of

the

Indictment ,

which charge her with knowingly

consp i r ing and agreeing

with

others

to commit

federa l

offenses ,

to

wit:

wire fraud, mai l

f raud

and money

launder ing.

Defendant

w i l l a lso

en t e r

a

volun tary plea of

g u i l t y

to

Counts

4, 8 j

and

35, which charge

her

with wire fraud, mail fraud, and money

launder ing,

respect ively . In

exchange,

the

United Sta tes

Attorney s

Office in the

Di s t r i c t

of

Hawaii

agrees to dismiss

the

remaining

charges

in the Indictment aga ins t

the

Defendant a t

the

t ime

of

sentencing.

5. Defendant agrees t ha t t h i s Memorandum of Plea

Agreement

sha l l

be f i l e d and become

p a r t

of the record

in

t h i s

2



3/18

case .

6.

Defendant en te r s these p leas because

she i s in

fac t

gu i l t y

of conspir ing to commit wire and mail

fraud

and

consp i r ing to launder

proceeds

from

wire and mail

f raud

offenses

in

v io la t ion

of

Ti t l e

18,

United Sta tes Code, Sect ions 371 and

1956(h), and committ ing wire f raud, mail f raud, and money

l aunder ing in

v io la t ion

of

Ti t l e

18,

Uni ted

Sta tes

Code, Sect ions

1343,

1341, and 1957,

and agrees

t h a t

t h i s plea i s voluntary and

not

the

r e s u l t of force o r t h rea t s

7. Defendant unders tands

t ha t the maximum

pena l t i e s

for

the o f fenses to

which

she

i s pleading

g u i l t y

include:

a

Count 1:

a per iod

of

imprisonment of

not

more

than

f ive

(5)

years ;

a f ine of up to 250,000; a te rm of

superv ised

r e lease o f not more

than

three years ; r e s t i t u t i on

in

an amount

t ha t w i l l be determined

by the

Court

a t sentencing;

and

a

100

spec ia l

assessment .

b. Count 2: a per iod of imprisonment of not more

than

ten (10)

years ;

a f ine

of

up to 250,000; a

te rm

of

superv ised

r e lease of not more

than

three

years ;

r e s t i t u t i on in an

amount

t ha t w i l l be determined by

the

Court

a t sentencing;

and

a

100

spec ia l

assessment .

c

Count 4:

a

per iod of

imprisonment

of not more than

twenty (20) years ; a f ine of up to 250,000; a term

of

supervised

r e lease

of

not

more

than

three

years ;

r e s t i t u t i on

in an

amount

3



4/18

t h a t

wi l l

be

determined

by

the Court

a t

sen tenc ing i and a

100

spec ia l

assessment

d. Count 28: a per iod of imprisonment

of

not more

than

twenty

(20)

years i

a

f ine

of

up

to

250,000i

a

term

of

superv ised

re l ea se

of not

more than

three

years i


in an amount

t ha t wil l

be

determined by

the

Court a t

sen tenc ing i and

a

100

spec ia l

assessment

e . Count 35:

a per iod

of imprisonment

of

not more than

t en (10) years i a

f ine of

up to

250,000i

a term

of superv ised

re l ea se

of not

more

than

three

years i


in

an

amount

t h a t w i l l be determined

by

the Court

a t

sen tenc ing i and a

100

spec ia l assessment

c . Defendant agrees to

pay 500

to

the

Di s t r i c t

Cour t s

C l e rk s Office , to

be

c red i t ed to sa id spec ia l

assessment ,

before

the

commencement

of any

por t ion

of

sentencing

Defendant

acknowledges

t ha t fa i lu re

to

make

such

f u l l

advance

payment

in a form

and manner

acceptable to

the

prosecu t ion wil l

al low,

though not requi re ,

the

prosecu t ion

to

withdraw

from

t h i s

agreement

a t

i t s opt ion.

8. Defendant

admits

the fo l lowing fac ts and agrees

t ha t they are not a

d e t a i l ed

rec i t a t ion , but merely

an

out l ine

of

what

happened

in

r e l a t i o n

to

the charge

to

which

Defendant

i s

plead ing g u i l t y :

4



5/18

a . During the per iod of the

charged

scheme, McTigue

worked

in con junct ion

with Marc Melton

and Sakara

Blackwell to

r e lease r e a l e s t a t e mortgages

encumbering

proper ty in Hawaii fo r

the purpose of market ing

and

se l l i n g

the

proper t i e s

as

mortgage-

f ree . In ear ly Apri l ,

2011,

McTigue secured a

Sat i s fac t ion

of

Mortgage form used by mortgage companies t o re l ea se mortgages a t

the Hawaii Bureau of Conveyances. McTigue 's purpose

in securing

an au then t ic ,

working

mortgage re l ea se form

was

to assure the

success o f the p rocess

McTigue,

Melton and Blackwell

were

applying

to re lease

the

mortgages

by

i nsu r ing

t ha t

the

r e lease

forms appeared genuine

and

. would be accep ted by the Hawaii

Bureau

of

Conveyances.

McTigue,

working with Melton and

Blackwell ,

re l ea sed

mortgages encumbering

a t o t a l

of seven

prope r t i e s

in

Hawaii, inc lud ing t h ree p rope r t i e s t ha t McTigue herse l f purchased

a t forec losure auc t ion .

b.

Upon

gaining titl

to

a

proper ty , or iden t i fy ing

a

prope r ty

with coopera t ing

owners, Mctigue

and/or Melton de l ivered

documents by U.S.

mail to

the f inanc ia l i n s t i t u t i o n s holding

mortgage

l i ens aga ins t

the proper t i e s . The

mailed mater ia l s

se t

fo r th

te rms

in a

document

i d e n t i f i e d by McTigue

and

/ o r Melton a t

var ious

t imes

as a

Note Tender

Agreement NTA) , EFT

Tender

Agreement,

o r Mortgage

S a t i s f ac t i o n

Agreement MSA). The EFT

Tender Agreement,

NTA

and /or MSA represen ted t h a t

a

va l id

nego t iab le inst rument o r promissory note had

been

sent

to the



6/18

l ender in the approximate

amount

of the

outs tanding

mortgage

l i ens .

The documents

con ta ined language s t a t i n g t h a t i n the

event the mortgage company f a i l e d to acknowledge and respond to

the

cond i t ions

in

the

agreement

within

a

shor t

per iod

of

t ime,

usua l ly th ree (3)

days,

Melton and /or McTigue, or o the rs , would

become au thor ized

to

ac t as rep re sen ta t ive s of the f inanc ia l

i n s t i t u t i o n s holding the mortgages, and the bank

would

acquiesce

to them performing ac t s on behal f of

the

lender , including

the

r igh t to execute and record a s a t i s f a c t i on of Lien fo r

mortgages.

o

lending

i n s t i t u t i o n

rece iv ing

these mate r i a l s

ever

express ly

agreed to permi t

Melton

o r McTigue to ac t

as

i t s

agent

fo r

purposes of

r e leas ing

a

mortgage o r mortgages.

c . Once

no response

was

rece ived from

the

lending

i n s t i t u t i o n , McTigue and /or Melton

crea ted

and f i l e d with the

Hawaii Bureau

of

Conveyances a

Sat i s fac t ion

of Mortgage

form

purpor t ing to

be

from

the lend ing

i n s t i t u t i ons

holding the

mortgages. These S a t i s f ac t i o n s of Mortgage

were

s igned by Melton

represent ing himsel f to

be

a

bank

o f f i c i a l , such as

Vice-

Pres iden t , o r the bank ' s au thor ized r ep resen ta t ive . McTigue

f i l e d

the f a l se sa t i s f a c t i o n of

mortgage

documents ~ t the

Bureau

of Conveyances. Melton ' s

s igna ture represent ing

himself

to

be

a

lending

i n s t i t u t i on

o f f i c i a l or rep re sen ta t ive

was

n o t r i z e d

Once accep ted by and

f i l e d

with the Hawaii Bureau of Conveyances,

the S a t i s f ac t i o n

of Mortgage re f l ec ted

t h a t the

outs tanding



7/18

mortgage s) encumbering

the

proper ty

had been

sa t i s f i ed Because

the Bureau of Conveyances

i s the

o f f i c i a l publ ic record fo r

recorda t ion of a l l i n t e r e s t s

a f f ec t i n g

rea l e s t a t e in Hawaii, the

publ ic

record

then o f f i c i a l l y r e f l e c t e d

the

proper t i e s

to

be

mortgage-f ree .

d. Following the

f i l i ng

of the

f a l se

s a t i s f a c t i on of

mortgage

forms

with

the

Bureau of Conveyances, Blackwell then

marketed

and

sold the

proper t i e s .

McTigue, Melton,

and

Blackwell

u l t ima te ly conveyed titl

to good

f a i t h

purchasers

with a

warran ty deed t ha t represen ted

the

proper t i e s were

f ree

and c l e a r

of encumbrances. Because the mortgage

l i ens

were shown as

sa t i s f i ed on

the publ ic

record wi th

the Bureau of Conveyances,

escrow

o f f i c e r s

c los ing

the sa le t r ansac t ions

did

not pay

the

ou t s tand ing mortgage balances . McTigue, Melton,

and

Blackwell

mate r i a l l y omit ted

from di sc losure

to

buyers

of r e a l

e s t a t e

t ha t

they had

appl ied

t h i s process

to

r e lease ex i s t ing mortgages

on

proper t i e s . As a r e s u l t , McTigue and Melton were paid

h a l f

the

ne t proceeds

from

the

sa le

of

the proper t i e s , which

were

then

div ided amongst them through a

se r i e s

of wire t rans fe rs .

e . Mater ia l mis represen ta t ions were made with respec t

to each of the seven proper t i e s , in

tha t

Melton was represen ted

to

be

a lending i n s t i t u t i o n o f f i c i a l or au thor ized

r ep resen ta t ive , when in f ac t t ha t was not t rue , and McTigue wel l

knew

t h a t

no cour t

of law

had l eg i t imized the

process

used by

7



8/18

McTigue, Melton and Blackwel l to r e lease the

unsa t i s f i ed

mortgage

l i ens .

Simi la r ly

McTigue,

Melton and Blackwell a l so made

mater ia l misrepresenta t ions

to buyers of proper t i e s by conveying

warranty deeds

represent ing the

proper t i e s

to be f ree and c lea r

of encumbrances

without

di sc los ing the

process

u t i l i zed

by

them

to r e lease ex i s t ing mortgage l i ens .

f . Funds wired

i n t e r s t a t e

to fund the t r ansac t ions

were sent to titl companies loca ted in the Sta te of Hawaii for

the

purpose of

c los ing

r e a l e s t a t e t r ansac t ions .

g. McTigue,

Melton,

and Blackwell , in agreement

with

each othe r and in fu r therance of

t he i r

scheme, deposi ted funds

der ived from

t he i r a c t i v i t i e s charged

in

Counts 3-29

i n to bank

accounts under

t he i r

con t ro l

in

amounts

g r ea t e r than 10,000

per

monetary t r ansac t ion .

The Bank

of Hawaii, Pac i f i c

Rim Bank,

Fi r s t

Hawaiian

Bank

and

Bank

of America

are

f inanc ia l

i n s t i t u t i o n s

doing

bus iness

in

i n t e r s t a t e

and

foreign commerce.

h. In fu r therance of the

scheme

ou t l ined above,

McTigue, Melton

and

Blackwell caused mult ip le

i n t e r s t a t e

wire

communications to occur . The wire

communications

more fu l l y

descr ibed

in Counts

3

through

3

of the Indictment are

here in

acknowledged

and

admit ted by Defendant .

i .

In

fur therance

of the

scheme

ou t l ined

above,

mul t ip le

mail ings occurred.

The

mai l ings

more

fu l l y

descr ibed

in

8



9/18

Counts

24 through

29

of the

Indictment

are here in

acknowledged

and admit ted

by

Defendant .

9. Pursuant to CrimLR32.1(a) of the Local Rules of

the United

Sta tes D is t r i c t

Court for the

D i s t r i c t

of Hawaii,

the

pa r t i e s agree t ha t the charges to

which

Defendant

i s

pleading

gu i l t y

adequate ly

r e f l e c t

the ser iousness of

the

ac tua l

offense

behav ior and t ha t

accept ing t h i s Agreement

w i l l not undermine

the

s t a t u t o ry purposes

of

sentencing.

10. Pursuant to

CrimLR32.1(b)

of the Local Rules of

the United Sta tes D is t r i c t

Court

for

the

D i s t r i c t of Hawaii

and

Sect ion 681.4

of

the Sentencing

Guidel ines , the

pa r t i e s s t i pu l a t e

to the

fo l lowing

for the

purpose

of the sentencing

of Defendant

in connect ion

with t h i s matter :

a .

Defendan t s

agreement

here in

to en te r in to a gu i l ty

plea

i s en te red

l e ss than one

week before

t r i a l

i s se t

to begin,

and t he re fo re i s not not i ce

of

i n t en t

to

plead gu i l t y

in

a

t imely

manner, because t

has

not permi t t ed

the

government

to

avoid

prepar ing

for t r i a l as to Defendant. Accordingly, the United

S ta t e s

Attorney

w i l l not

move in

the

Government s Sentencing

Statement

for

a

one- leve l

reduc t ion in

the sentencing offense

l ev e l pursuan t

to Guide l ine§

3 El . l b ) .

b.

Res t i tu t ion :

The Defendant

unders tands

t ha t

the

Court may Order the Defendant to

be

j o in t l y

and severa l ly l i ab le

for re s t i tu t ion

in

th i s

case. ~ h e ~ e f e f t ~ ~ n t a ~ r e e s ~ a t



10/18

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11/18

USS §3Cl. 1.

13. Defendant i s

aware t h a t she

has the r igh t to

appeal the sentence imposed

under Ti t l e

18, United Sta t e s

Code,

Sect ion

3742(a) .

Defendant

knowingly

waives the r igh t to appeal ,

except as

i nd ica t ed in subparagraph b below, any

sentence

with in

the

m ximum

provided in

the

s t a t u t e s ) of

convict ion

o r

the

manner

in

which tha t sentence

was determined

on

any of

the

grounds

se t

fo r th in

Sect ion

3742,

o r

on any ground whatever , in

exchange fo r

the

concess ions made by

the

prosecu t ion

in t h i s

p lea

agreement .

a .

Defendant a l so

waives

her

r i gh t to

chal lenge

her sentence

o r

the manner

in which

t was

determined

in any

co l l a t e ra l

a t tack , including, but not l imi ted to ,

motion

brought under

Ti t l e

28, United Sta tes

Code,

Sect ion

2255,

except

t h a t

Defendant may

make

such chal lenge (1)

as

indica ted

in

subparagraph

b

below,

o r (2) based on cla im of ine f fec t ive

as s i s tance of counsel .

b. I f

the

Court imposes sentence

grea te r

than

spec i f i ed in

the

gu ide l ine range determined by the Court to be

app l i cab le to

Defendant, Defendant

re t a ins the

r i g h t

to

appeal

the por t ion of her

sentence

g re a t e r than

spec i f i ed in tha t

guide l ine range and

the

manner in

which

t ha t por t ion was

determined under

Sect ion 3742 and to chal lenge

t h a t

por t ion

of

her

sentence

in c o l l a t e r a l a t t a ck .

11



12/18

c . The prosecu t ion re t a ins i t s r i g h t

to

appeal

the

sentence and the manner in which t was

determined on

any

of

the grounds s t a t e d in Ti t l e 18 United Sta tes Code Sect ion

3742 b) .

14.

The Defendant

unders tands

t ha t

the

D i s t r i c t

Court

in imposing sen tence w i l l

cons ider

the prov i s ions of the

Sentencing Guidel ines .

The Defendant

agrees t h a t

the re

i s no

promise o r guaran tee

of

the a p p l i c a b i l i t y or nonapp l i cab i l i t y of

any Guidel ine

o r

any

por t ion the reof ,

notwi ths tand ing any

rep re sen ta t ions o r p red ic t ions from

any source.

15.

The

Defendant unders tands t ha t t h i s Agreement wil l

not

be accepted

o r

r e j ec t ed by

the Court un t i l the re

has been an

oppor tun i ty

by

the Court to consider

presen tence

repor t ,

unless

the

Court

decides

t h a t

presen tence repor t i s unnecessary . The

Defendant unders tands t ha t the

Court

w i l l not accep t an agreement

unless

the

Court determines t ha t

the

remaining charges

adequately

r e f l ec t

the ser iousness

of the

ac tua l offense

behavior

and accep t ing the agreement wil l not undermine

the s t a tu to ry

purposes

of

sentencing.

16. Defendant unders tands

t h a t

by plead ing g u i l t y she

surrenders

c e r t a i n

r igh t s , including

the fo l lowing:

a . I f Defendant pers i s t ed in plea of not gu i l ty

to the

charges aga ins t her

she would have the r i g h t

to

publ ic

and

speedy t r i a l . The t r i a l could

be

e i the r ju ry t r i a l or

12



13/18

t r i a l

by

a

judge

s i t t i n g

without

a

ju ry .

The

Defendant has

a

r i g h t to

a j u ry t r i a l .

However in

order

t ha t

the t r i a l

be

conducted by

the

judge s i t t i n g without a jury , the Defendant the

prosecu t ion and the judge a l l must agree t ha t the t r i a l be

conducted by

the judge

without a jury .

b. I f the

t r i a l i s a j u ry t r i a l ,

the ju ry

would

be

composed of

twelve laypersons se l ec t ed

a t

random.

Defendant

would

have a say in who

the ju ro r s

would

be by removing

prospec t ive ju ro r s fo r cause where ac tua l b i a s o r other

d i sq u a l i f i c a t i o n i s shown

o r without

cause by

exe rc i s ing

peremptory

cha l l enges .

The

j u ry would

have

to agree

unanimously

before t

could

r e tu r n

a

verd ic t of e i the r g u i l t y

or not

gu i l ty .

The ju ry

would

be i n s t r u c t ed

t ha t

the

Defendant i s

presumed

innocen t , and

t h a t

t could not

convic t

her un less , a f t e r

hear ing

a l l the

evidence

t was

persuaded of her gu i l t beyond a

reasonab le

doubt.

c .

I f

the t r i a l i s held by

a

judge without

a

jury ,

the

judge

would f ind

the

f ac t s and determine

a f t e r

hear ing

a l l the evidence whether o r not he o r she

was

persuaded of

the

Defendan t s g u i l t beyond

a

reasonab le doubt .

d. At

a

t r i a l ,

whether

by

a j u ry

o r

a judge

the

prosecu t ion would be requ i red to presen t i t s

witnesses and

other

evidence aga ins t the Defendant.

Defendant

would be ab le

to

confron t those prosecu t ion

witnesses and

she would

be

ab le to

13



14/18

cross-examine

them. In turn ,

Defendant could

present

witnesses

and o ther

evidence

on her

own beha l f .

I f

the wi tnesses for the

Defendant would not appear vo lun ta r i ly , she could

requi re

t he i r

at tendance through

the subpoena

power

of the

Court .

e. At a t r i a l , the Defendant would

have

a

p r iv i l eg e

aga ins t se l f - inc r imina t ion so t h a t she could decl ine to

t e s t i fy ,

and no

in fe rence

of g u i l t

could

be

drawn

from her

r e fusa l to

t e s t i fy .

17.

Defendant

unders tands t h a t by

pleading

gu i l ty ,

she

i s waiving

a l l of the

r i g h t s

se t

fo r th

in the

preced ing

paragraph.

Defendant

unders tands those r igh t s ,

and

the

consequences of the

waiver

of those r igh t s

18. Defendant acknowledges t ha t no t h rea t s ,

promises

o r

representa t ions have

been

made

nor agreement reached other

than

those

s e t fo r th in t h i s Agreement to induce Defendant to

plead

gu i l t y .

19.

Should

the

Court

re fuse to accept t h i s

Agreement

t

i s

n u l l

and void

and ne i the r

par ty

sh a l l be

bound there to .

The pa r t i e s unders tand t h a t the

Cour t s

r e j e c t i o n of

any

s t i pu l a t i on

between

the

p a r t i e s does not cons t i tu t e

a

r e fusa l to

accept

t h i s Agreement

s ince the

Court

i s

express ly not bound by

s t i p u l a t i o n s between

the

pa r t i e s .

20. Defendant unders tands t ha t

the p rosecu t ion

wil l

appr i se the Court

and

the

United Sta tes

Probat ion Off ice

of the

14



15/18

natu re ,

scope

and

extent

of Defendant s

conduct regarding the

charges

aga ins t her , re l a t ed mat te rs , and

any

matters in

aggrava t ion o r mit iga t ion

re levant

to

the i ssues

involved in

sentencing.

21.

In

the event tha t Defendant

does

not breach any

of

the

terms

of t h i s Agreement but

the Court nonetheless

re fuse s

to

accept the Agreement

a f t e r

Defendant has

made

s ta tements

to

law enforcement a u t h o r i t i e s o r r ep resen ta t ives

of

the

United

Sta tes Attorney s Office pursuant to t h i s

Agreement,

the

prosecut ion

agrees not

to

use

s a id

s ta tements

in

i t s case

in

ch ie f in the

t r i a l of the

Defendant

in t h i s mat te r .

Defendant

understands t ha t

t h i s

does not bar

the use

of

information and

evidence derived from sa id s ta tements o r

p r o h ib i t

the

use

of

the

s ta tements by

the prosecut ion

in

cross-examinat ion

o r rebu t t a l .

22.

The Defendant

unders tands t h a t

the p rosecu t ion

wil l

not move the Court Pursuant to

Guidel ine

§5Kl 1 and

Rule 35(b) ,

Federa l Rules of

Criminal Procedure, to

depar t

from

the

Guidel ines , because the re i s no

bas i s

for Defendant to

provide

su b s t a n t i a l ass i s tance to au thor i t i e s in the inves t iga t ion o r

prosecut ion

of

another

person

who has

committed

an offense .

23. For fe i tu re : The Defendant

agrees

to en t ry of

an

order

o f fo r f e i t u re

fo r

any and a l l

funds loca ted

in

the

fol lowing

accounts

:

15



16/18

Financial

ns t i tut ion

ccount or Pol icy umber

Mass Mutual

21016084

Northwestern

Mutual

1638642

Northwestern Mutual 12953801

Northwestern

Mutual

13777171

Northwestern Mutual

20249890

Pac i f i c Rim

Bank

1013003031

MTL

Insurance

001139725A

MTL

Insurance

001141329A

US Federa l

Savings Bank 00256-3939-0

US

Federa l Savings Bank 00256-3938-2

McTigue fur ther

agrees t ha t such

by

Defendant

as

a r e s u l t of her p a r t i c i p a t i o n

/ tW

r e e i v e

in

the

wire and

mail f raud conspiracy charged in Count of

the

Indictment . The

United Sta tes agrees

to

make

a res to ra t ion reques t to the

Attorney

General o r her de lega te , so t h a t proper ty fo r fe i t ed in

t h i s case may be

used

to compensate

vic t ims .

The United Sta t e s

At to rney s Office makes no rep re sen ta t ions as to when o r whether

such a res to ra t ion reques t may be granted by

the

Attorney

General

o r her

de lega tes . McTigue

unders tands t ha t the dec i s ion

to grant

o r deny such a reques t i s a t

the

d i sc re t ion of the

Attorney

General .

The

United

Sta t e s fu r the r

agrees not

to reques t fo r f e i t u re

16



17/18

of

i tems

in her s f e ty

depos i t

box

17



18/18

DATED

Honolulu

Hawaii

AGREED

FLORENCE

T.

NAKAKUNI

United

Sta tes Attorney

Dis t r i c t

of

Hawaii

fyHN MICHELICH

Senior Li t iga t ion Counsel

Fraud Sect ion

MARC

A WALLENSTEIN

ss i s tant

U.S.

Attorney

18

d

r

~ 1 1 ~ 161k

~ M z ; e

JE

ER

ANN MCTIGUE

De

endant


McTigue Plea Agreement

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Transcript of McTigue Plea Agreement