Preview
— Matthew C. Bradford, Esq. (196798) FILED
Superior Court of C2ilfornia
Nathan M. Robinson, Esq. (305611) County of Placer
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ROBINSON BRADFORD LLP '
3439 Brookside Road, Suite 212 AUG 09 2018
WY
Stockton, CA 95219 ake Chatters
Telephone: (209) 954-9001 5 Ive Officer & Clerk
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Facsimile: (209) 954-9091 ee en calerst, Hinge!
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Attorneys for Defendants,
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Roseville Petroleum, Inc., Nirmal Singh
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF PLACER -UNLIMITED CIVIL
VOYAGER RESTAURANT GROUP, INC., a CASE NO. S-CV-0035599
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California corporation
REQUEST FOR JUDICIAL NOTICE
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Plaintiff,
Date: August 14, 2018
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Gail
vs. Time: 8:30 a.m.
Wod'soIMegssadqigAlueAny
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Dept.: Dept. 40
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SONORA GASOLINE CORPORATION, a
California corporation formerly known as Trial: August 27, 2018
AG
SONORA PETROLEUM, INC., a California
OClDWCUCNCOCDNON
corporation, GURRAJ SINGH GREWAL,
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SABAL FINANCIAL GROUP LP, a
Delaware limited partnership; 2012-SIP-1
VENTURE LLC, A Delaware limited
liability company as successor to Tennessee
State Charted Bank, ROSEVILLE
lUCCOlUlUlClCCO
PETROLEUM, INC., a California
corporation, NIRMAL SINGH, and DOES
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ONE through TWENTY, inclusive
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OUT
Defendants.
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Defendant Roseville Petroleum, Inc. hereby requests that the Court take judicial
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notice, pursuant to Evidence Code section 452(c) and (d) of the following documents which are
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attached hereto:
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1. Plea Agreement of Abolghasseni Alizadeh entered into in United States District
TN
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Court for the Eastern District of California Case: United States of America v.Abolghasseni
bho
ont
Alizadeh 2:15-CR-0087 GEB which shows that Mr. Alizadeh, former president of Voyager
wo
1
REQUEST FOR JUDICIAL NOTICE
Restaurant Group, Inc. engaged in a regular business practice of defrauding the institutions from
which he sought funding for building projects. The evidence isrelevant to show the futilityof
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Voyager’s claims against Roseville Petroleum, Inc. and Nirmal Singh due to the fact that
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Plaintiff's failure to build the Sonic restaurant had nothing to do with these defendants.
2. Judgment In a Criminal Case entered into in United States District Court for the
Eastern District of California Case: United States of America v. Abolghasseni Alizadeh 2:15-
CR-0087 GEB which shows that Mr. Alizadeh, former president of Voyager Restaurant Group,
Inc. is set to be incarcerated for 56 months beginning September 17, 2018 and that Mr. Alizadeh
has been ordered to pay $15,387,945.61 in restitution to Bank of the West and Central Pacific
Bank. This evidence is relevant because itshows that at least since the bank fraud was
discovered before 2015, Voyager had no financial ability to build the Sonic Restaurant. Further,
the evidence supports the position that when Mr. Warner agreed to produce Mr. Alizadeh for
deposition, he did not intend to follow through with the agreement.
DATED: August 9, 2018
de
to
2
REQUEST FOR JUDICIAL NOTICE
PROOF OF SERVICE
1,the undersigned, certifyand declareas follows: |am over theage of eighteen years and not aparty tothis
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action. My business address is ROBINSON BRADFORD LLP, 3439 Brookside Road, Suite 212, Stockton,
California95219, which is locatedin San Joaquin County where the mailing and/ordelivery below took place.
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On August 9, 2018, Iserved the following document(s) REQUEST FOR JUDICIAL NOTICE inthe
above-referenced case, by placing atrue copy thereof,enclosed in asealed envelope, addressed and served as
_follows:
BY PERSONALLY DEPOSITING THE MAIL: On thedate specifiedabove, |deposited inthe mail atthe
place specified above a copy of the document described above in a sealed envelope, with postage fully
prepaid addressed to theindividuals and/orto theoffices ofthe addressee(s)below.
BY BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: | am readily familiar with the
business practiceat my placeof business forcollection and processing ofcorrespondence for mailing with
the United States PostalService. Correspondence so collectedand processed isdeposited with the United
States PostalService thatsame day in theordinary course of business. On thedate specified below, atmy
place ofbusiness at Stockton,California,a copy of the document described above was placed for depositin
the United States PostalService mailbox ina sealed envelope, with postage fullyprepaid addressed tothe
individualsand/or to the officesofthe addressee(s) below, and thatenvelope was placed for collectionand
mailing on thatdate following ordinary business practice.
BY EXPRESS SERVICE CARRIER: On the date specified below, |deposited ina box or other facility
regularly maintained by Federal Express, United Parcel Service or other express service carrier,or
delivered toa courier or driverauthorized by said express service carriertoreceive documents, a copy of
the document mentioned above, in an envelope designed by thesaid express service carrier,
with delivery
fees paidor provided for addressed tothe individualsand/or to theofficesof theaddressee(s) below.
Paul A. Warner, Esq. (SBN 112168)
1624 Santa Clara Drive, Suite 220
Roseville,CA 95661
Telephone: (916) 996-3100
Facsimile : (916) 789-7557 /
Attorney forPlaintiff, Voyager Restaurant Group, Inc.
trueand correct.
Executed on August 9, 2018, atStockton, California.
3
PROOF OF SERVICE
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Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 2 af 17
The Court isnot a partyto thisplea agreement. Sentencing isa matter solely withinthe
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discretionof the Coust, and the Court may takeinto considerationany and allfactsand circumstances
conceming thecriminal activitiesofdefendant, including activities
which may not have been charged in
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the indictment. The Court isunder no obligation toaccept any recommendations made bythe
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government, and the Court may in itsdiscretionimpose any sentenceit deems appropriateup to and
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including thestatutory maximum statedinthis pleaagreement.
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Ifthe Court should impose any sentence up to themaximum established by thestatute,the
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defendant cannot, for thatreason elone, withdraw hisguiltyplea, and he willremain bound to fulfill
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of theobligations under this pleaagreement. The defendant cmtenigaads that neitherthe prosecutor,
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defense counsel, nor the Court can make a binding predictionor promise regarding thesentence he will
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receive.
I. DEFENDANT'S OBLIGATIONS
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A. Gailty Plea.
The defendant willplead guiltytoCount One — Wire Fraud, inviclation of 18 U.S.C. § 1343;
Count 17 — Bank Fraud,in violation of 18U.S.C. § 1344;and Count 20 — False Statement to aFederally
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Insured Institution,
in viclation of 18U.S.C, §1014. The defendant agrees thathe isin factguiltyof
these charges and that.thefactsset forthin theFactual Basis for Pleaattached hereto as BxhibitA are
BSSET
accurate.
The defendant agrees thatthisplea agreement willbe filedwith the Court and become a partof
the recordof the case. The defendant understands and agrees thathe will not be allowed towithdraw his
plea(s)should theCourt not follow the government's sentencing recommendations.
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The defendant agrees thatthe statements made by him in signing thisAgreement, including the
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factualadmissions setforth inthe factualbasis,shall be admissible and useable againstthe defendant by
the United States inany subsequent criminal orcivilproceedings, even if the
defendant fails
to entera
guiltyplea pursuant to thisAgreement. The defendant wuives eny rightsunder Fed. R. Crim. P. 11(f)
26 aud Fed. R. Evid. 410, tothe extent thatthese rulesare inconsiatentwith thisparagraph orwith this
27 Agreement generally.
28
PLEA AGREEMENT 2
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 3 of 17
B. Restitution,
‘The Mandatory Victim RestitutionAct requires theCourt toorder restitutiontothe victimsof
certainoffenses.
Defendant agrees thathis conduct isgoverned by the Mandatory Restitution Act pursuantto 18
U.S.C. § 3663A(c)(1 (Ai) and agrees topay the fullamount ofrestitutionto allvictims affectedby —
thisoffense,including, but not limited to,thevictims covered in thefactual basis,victims covered in
these counts tobe dismissed as partof thepica a pursuant to 18 U_S.C. § 3663A(a){3), and
other victims asa resultof the defendant's conduct for theoffenses charged from theperiods of June
2004 through April 2008, The United States estimatesthat restitution
may exceed approximately
$22,905,178.10.
Defendant furtheragrees that he willnot seek todischarge any restitutionobligationor any part
of such obligationin any bankruptcy proceeding.
Payment of restitutionshallbe by cashier'sor certifiedcheck made payable to theClerk of the
Court.
The defendant understand thattheCourt may order restitutiontobe immediately payable
consistentwith 18 U.S.C. § 3663A.
Cc. Fine.
The parties agree thatno fine isappropriate inthiscase.
D. Special Assessment.
The defendant agrees to pay aspecial assessment of $300 at thetime of sentencing by delivering
a check or money order payable to the United StatesDistrictCourt to theUnited StatesProbation Office
immediately before thesentencing hearing. The defendant understands thatthis pleaagreement is
voidable atthe option of thegovernment if hefailstopay the assessment prior to thathearing.If the
defendant isunable topay thespecial assessment at thetime of sentencing, he agreesto earn themoney
topay theassessment, if necessaryby participstingin theInmate FinancialResponsibility Program.
If thedefendant, cooperating or not,violates thispleaagreement in any way, withdraws hisplea,
or triestowithdraw his plea,thisplea agreement isvoidable at theoption of thegovernment. If the
PLEA AGREEMENT .
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 4 of 17
government electsto void the agreement based on the defendant's violation,the— willno
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longer be bound by itsrepresentations to thedefendant concerning the limitson criminal prosecution
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and sentencing as setforth herein. A defendant violatestheplea agreement by committing any crime or
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providing or procuring any statement or testimony which isknowingly false,misleading, or materially
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incomplete in any litigationor sentencing process inthiscase, arengages inany post-pleaconduct
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constitutingobstruction of justice.Varying from stipulatedGuidelines application or agreements
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regarding arguments as to18 United StatesCode section3553, as setforth in thisagreement, personally
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or through counsel, alsoconstitutes aviolation ofthe pleaagreement. The goverament algo shallhave
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the right(1)to prosecute the defendant on any of thecounts to which he pleaded guilty;(2)to reinstate
any counts thatmay be dismissed pursuant to thispleaagreement; and (3)to fileany new charges that
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would otherwise be basred by thisplea agreement. The defendant shallthereafterbe subjectto
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prosecution forany federalcriminal violation ofwhich thegovernment has knowledge, The decision to
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pursue any or allof theseoptions issolelyin thediscretionof the United States Attorney's Office.
By signing this pleaagreement, the defendant agrees towaive any objections,metions, and
defenses thatthe defendant might have to thegovernment's decision. Any prosecutions thatare not
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time-barred by the applicable statuteof limitationsasof thedate of thisplea agreement may be
commencedin accordance with thisparagraph, notwithstanding the expiration ofthe statuteof
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limitationsbetween thesigning ofthisplea agreement and thecommencement of any such prosecutions.
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Tho defendant agrees not toraiseany objectionsbased on the passage of time with respectto such
counts including,but not limited to,any statutesof limitationorany objections based on theSpeedy
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TrialAct or the Speedy Tria!Clause ofthe Sixth Amendment to any counts that were not time-barredas
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of thedate of thisplea agreement. The determination of whether thedefendant has violatedtheplea
agreement willbe under a probable cause standard.
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In addition,(1)all statements made by the defendant tothe government or otherdesignated law
enforcement agents,or any testimony given by the defendant before ogrand jury or othertribunal,
whether before or afterthisplea sgreamert, shallbe admissible in evidence in any criminal,civil,
or
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administrativeproceedings hereafter brought againstthe defendant; and (2) the defendant shallassertno
claim under the United States Constitution, any statute,
Rule 11(f)of theFederat Rules of Criminal
PLEA AGREEMENT 4
Case 2:15-cr-00087-GEB Document59 Filed 01/16/18 Page 5 of 17
\ Rule 410 ofthe Federal Rules of Evidence, or any other federalrvfe,that statementsmade by
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the defendant before or afterthisplea agreement, or any leadsderived therefrom, should be suppressed.
F. Asset Disclosure.
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The defendant agrees to make afulland complete disclosure ofhis assetsand financial
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condition,and will complete the United StatesAttomey’s Office's “Authorization to Release
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Information” and “Financial Affidavit”within five (5)weeks from the entry ofthe defendant's change
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of plea,including supporting decornmtstien. The defendant also agrees tohave theCourt enter anorder
non
to thateffect.The defendant understands thatif hefailstocomplete truthfullyand provide thedescribed
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documentation to theUnited StatesAttomey’s office withinthe allottedtime, he willbe considered in
violationof the agreement, and thegovernment shall beentitledto the remedies set forthinsection ILE
above, above.
G. Agreement toConnerate.
The defendant agrees to cooperate fullywith thegovernment and any other federal,state,
or local
_law enforcement agency, as directedby the government. As used inthis pleaagreement, “cooperation”
requiresthe defendant: (1)to respond truthfully
and completely toall questions,whether ininterviews,
incorrespondence, telephone conversations, before a grandjury, or atany trialor othercourt
proceeding; (2) toatend allmeetings, grand jury sessions,trials,
and other proceedings atwhich the
defendant's presence is requested by the govemmenst or compelled by subpoenas or courtorder; (3)to
produce voluntarily any and alldocuments, records, orother tangible evidence requested by the
government; (4)not to participatein any criminalactivitywhile cooperating with thegovernment, and
(5)to discloseto the government the existence and statusofall moncy, property,or assets,ofany kind,
derived from or acquired as a resultof,or used tofacisitate
the commission of,thedefendant's illegal
activities
or the illegal
activitiesof any conspirators.
WI. THE GOVERNMENT'S OBLIGATIONS
A. - Dismissals/Other Charges.
The government agrees to move, at thetime of sentencing, todismiss without prejudice the
remaining counts inthe pending indictment. The government alsoagrees not to reinstate
any dismissed
PLEA AGREEMENT 5
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 6 of 17
count except if this
agreement is voided as setforthherein,or as provided in paragraphs IIE (Violation
Re
of PleaAgreement by Defendant/Withdrawal of Plea(s)),JII.B.3(Reduction of Sentence for
Cooperation), VI.B (Estimeted Guideline Calculation), and V1I.B (Waiver ofAppeal and Collateral
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Atteck) herein.
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B. Recommendations.
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1, Incarceration Range.
The government will recommend thatthe defendant be sentenced tothe low end of the
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applicableguideline range asdetermined by the Court.
oe Acceptance of Responsibility.
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The government will recommend a two-levelreduction (if theoffense levelislessthan
anwtataiss=6
16)ora three-levelreduction (if theoffense levelreaches 16) inthe computation ofhis offensetevel if
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thedefendant clearlydemonstrates acceptance of responsibilityforhis conduct as defined inU.S.S.G. §
3Ei.1. This includes the defendant meeting with and assistingthe probation officerinthe preparationof
thepre-sentence report,being truthfuland candid with the probation officer,
and nototherwise engaging
ess
inconduct thatconstitutesobstruction of justicewithin themeaning of U.S.S.G §3C1.1, either inthe -
preparation ofthe pre-sentence report orduring the sentencing proceeding.
3. Reduction of Sentence forCooperation,
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The government agrees to recommend atthe time ofsentencing that thedefendant's
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sentence of imprisanment be reduced by up to50% of theapplicable guideline sentence if heprovides
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substantialassistance tothe government, pursuant to U.S.S.G. § 5K1.1. The defendant understands that
2i he must comply with paragraphs LI.H and notviolate thispleaagreement as setforth inparagraph I.E
herein. The defendant understands that itiswithin thesole and exclusive discretionof thegovernment nr
todetermine whether thedefendant has provided substantialassistance.
The defendant understands that thegovernment may recommend areduction in his
sentence of lessthan S0% or no reduction atall;depending upon the levelof assistancethe government
determines that thedefendant has provided.
The defendant furtherunderstands thata motion pursuant to U.S.S.G. § SK1.1 is only2
28 recommendation and is not binding on theCourt, thatthisplea agreement confers no rightupon the
PLEA AGREEMENT 6
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 7 of 17
defendant to requirethat thegovernment make a§ 5K1.! motion, and thatthisplea agreement confers
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no remedy upon thedefendant inthe event that the government declines to make a § SK1.1 motion. In
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particular,thedefendant aprees notto tryto file# motion towithdraw his guiltyplea(s)based on the fact
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thatthe government decides not to recommend asentence reduction or recommends a sentence
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reduction tessthan the defendant thinks isappropriate.
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If thegovernment determines thatthe defendant has provided farthercooperation within
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one year following sentencing, the government may move fora furtherreduction of hissentence
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pursuant to Rule 35 of theFederal Rules of Criminal Procedure.
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Cc. Use of Information ferSentencing.
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The government isfree toprovides full
and accurateinformation to the Court and Probation,
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including answering any inquiriesmade by the Coust and/or Probation and rebuttingany inaccurate
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statements or arguments by thedefendant, his attorney,Probation, orthe Court. The defendant also
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understands and agrees that nothing inthis PleaAgreement barsthe government from defending on
appeal or collateralreview any sentence that theCourt may impose.
Iv. ELE F THE OFFENSE
AB
Ata trial,
the government would have to prove beyond areasonable doubt thefollowing
elements of the offense(s)to which the defendant ispleading guilty,specificallywire fraud in violation
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of18 U.S.C. § 1343: | .
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First,thedefendant knowingly participatedin,devised, or intended todevise a scheme or plan to
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defraud, ora scheme or plan forobtaining money or property by means of falseorfraudulent pretenses,
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21 representations,or promises;
Second, thestatements made or factsomitted as partof the scheme were materiel;thatis,they
bad a naturaltendency to influence,orwere capable of influencing,a person topart with money or
24 propesty,
PLEA AGREEMENT
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 8 of 17
1 when one can reasonably foreseesuch use.
2 Itneed not have been reasonably foreseeable tothe defendant thatthe wire communication
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3 would beinterstatein nature.Rather, itmust have been reasonably foreseeable tothe defendant that
4 some wire communication would occur infurtherance of thescheme, and an interstate
wire
5 |} communication must have actually occurred infurtherance of thescheme.
6 With respectto bank fraud in violationof 18 U.S.C. § 1344, thegovernment would have to prove
7 the following etements of the offense beyond a reasonable doubt:
8 First,thedefendant knowingly cartiedout a scheme or plan to obtainmoney orproperty from a
9 financialinstitutionby making falsestatements or promises;
10 Second, thedefendant knew thatthestatements or promises were false;
i Third, thestatements or promises were material;thatis,they had a natural tendency to influence,
12 or were capable of influencing, afinancialinstinutiontopart with money or property;
13 Fourth, thedefendent acted with theintentto defraud;and
44 Fifth,the financialinstitutionwas federallyinsured. _
1$ With respectto falsestatements to afederally insuredinstitutionin violationof 18 U.S.C.
16 § 1014, thegovernment woutd have to prove thefollowing elements ofthe offense beyond areasonable
17 lldoubt:
18 First,thedefendant made a falsestatement orreport orwillfullyovervalued any land, propertyor
19 securityto a federallyinsured bank;
20 Second, the defendant meade thefalsestatement or reportto the federallyknowing itwes false;
2i and
22 Third, the defendant did so forthe purpose of influencingin any way theaction of thefederally
23 insured bank.
24 tt isnot necessary, however, to prove thatthe federallyinsured bank involved was, infact,
influenced or misled,or thatthe federally insuredbank was exposed toa riskof loss.What must be
26 proved is thatthe defendant intended to influence thefederallyinsured bank by thefalsestatement.
27 The defendant fully understands thenature and elements of the crimes charged in theindictment
28 towhich he ispleading guilty,togetherwith the possibledefenses thereto, and'has discussed them with
PLEA AGREEMENT 8
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 9 of 17
hisattomey.
| V. MAXIMUM SENTENCE
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A. Maximum Penalty,
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The maximum sentence that the Court can impose with respect to wire fraudaffecting afinancial
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institutioninviclationof 18U.S.C. § 1343.ds charged in Count One is30 years of incarceration,afine
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of$1 tmillion,
a five-year period ofsupervised release and aspecial assessment of $100. The maximum
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sentence thatthe Court can impose with respect tobank fraud inviolationof 18 U.S.C. § 1344 as
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charged inCount Seventeen is30 ycars of incarceration,
a fineof 31 mliiion, afive-year period of
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supervised release and a specialassessment of $100. The maximum sentence that theCourt canimpose:
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10 with respect tofalsestatements toa federallyinsured institutioninviolation of 18U.S.C. § 1014 as
li charged inCount 20 is30 years of incarceration,a fineof $1 million,a five-yearperiod of supervised
12 releaseand aspecial assessment of $100.
13 By signing this pleaagreement, the dofendant.alsoagrees that theCourt canorder the payment of
14 restitutionforthe fullloss caused by the defendant's wrongful conduct. The defendant agreesthat the
15 restitutionorder isnot restrictedtothe amounts allegedin thespecific count(s) towhich he ispleading
16 guilty. The defendant furtheragrees, asnoted above, that hewill not attempt todischarge in any present
17 or futurebankruptcy proceeding any restitutionimposed by the Court.
18
The defendant understands thatif heviolatesa condition ofsupervised releaseatany time during
20 theterm ofsupervised release,the Court may revoke theterm of supervised release and requirethe
al defendant to serve up tofive additionalyears imprisonment,
VI. SENTENCING DETERMINATION -
A. Statutory Authority,
24 The defendant understands thatthe Court must consult theFederal Sentencing Guidelines and
25 must take them intoaccount when determining a finalsentence. The defendant understands that the
Court will determine a non-binding and advisory guideline sentencing range for thiscase pursuantto the
27 Sentencing Guidelines and must take them into eccount when determining 4 finalsentence. The
28 defendant further understands that theCourt willconsider whether there isa basis fordeparture from the
PLEA AGREEMENT 9
Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 10 of 17
guideline sentencing range (citherabove orbelow theguideline sentencing range) because there exists
an aggravating or mitigating circumstance of a kind,or toa degree, not adequately taken into
consideration by the Sentencing Commission in formulating theGuidelines. ‘Thedefendant further
understands that theCourt, afterconsultation and consideration ofthe Sentencing Guidelines,must
impose asentence thatisreasonable in lightof thefactorsset forthin 18 U.S.C. § 3553(a).
B. Stipulations Affecting Guideline Calculation: The government and thedefendant agree
thatthere isno material dispute as tothe following sentencing guidelinesvariables and therefore
stipulateto thefollowing:
l. Base Offense Level: +7 (statutorymaximum exceeds 20 yeass -§ 2B].1{a}{1))
2. Loss Amount: +20 (lossamount exceeds $9.5 million- § 2B1.1(b)(1)(K))
3. Gross Receipts Exceeded $1 million:+2 (§ 2B1.1(b}(16))
4. Acceptance of Responsibility: Ses paragraph IN.B.2 above
5. Criminal History: The parties
estimate,but do not stipulate,thatthedefendant's
criminal historycategory willbe eitherIer Il.
6. Other enhancements: The Government express agrees not topursuc any
enhancement forsophisticated means or leader/organizer inthe DistrictCourt.
7 Estimated Sentencing Range: (assurning theguidelines calculationsabove,
acceptance ofresponsibility,a
Preview
— Matthew C. Bradford, Esq. (196798) FILED Superior Court of C2ilfornia Nathan M. Robinson, Esq. (305611) County of Placer YO ROBINSON BRADFORD LLP ' 3439 Brookside Road, Suite 212 AUG 09 2018 WY Stockton, CA 95219 ake Chatters Telephone: (209) 954-9001 5 Ive Officer & Clerk Fe Facsimile: (209) 954-9091 ee en calerst, Hinge! UH Attorneys for Defendants, DO Roseville Petroleum, Inc., Nirmal Singh SN So SUPERIOR COURT OF CALIFORNIA oOo COUNTY OF PLACER -UNLIMITED CIVIL VOYAGER RESTAURANT GROUP, INC., a CASE NO. S-CV-0035599 lt CD California corporation REQUEST FOR JUDICIAL NOTICE lS ll Plaintiff, Date: August 14, 2018 LN Aq Gail vs. Time: 8:30 a.m. Wod'soIMegssadqigAlueAny wm Dept.: Dept. 40 Ae SONORA GASOLINE CORPORATION, a California corporation formerly known as Trial: August 27, 2018 AG SONORA PETROLEUM, INC., a California OClDWCUCNCOCDNON corporation, GURRAJ SINGH GREWAL, XV4 SABAL FINANCIAL GROUP LP, a Delaware limited partnership; 2012-SIP-1 VENTURE LLC, A Delaware limited liability company as successor to Tennessee State Charted Bank, ROSEVILLE lUCCOlUlUlClCCO PETROLEUM, INC., a California corporation, NIRMAL SINGH, and DOES RO ONE through TWENTY, inclusive RN OUT Defendants. RN Defendant Roseville Petroleum, Inc. hereby requests that the Court take judicial elUlUMWLlULWN NHN notice, pursuant to Evidence Code section 452(c) and (d) of the following documents which are NO attached hereto: NOU NO 1. Plea Agreement of Abolghasseni Alizadeh entered into in United States District TN NN Court for the Eastern District of California Case: United States of America v.Abolghasseni bho ont Alizadeh 2:15-CR-0087 GEB which shows that Mr. Alizadeh, former president of Voyager wo 1 REQUEST FOR JUDICIAL NOTICE Restaurant Group, Inc. engaged in a regular business practice of defrauding the institutions from which he sought funding for building projects. The evidence isrelevant to show the futilityof be Voyager’s claims against Roseville Petroleum, Inc. and Nirmal Singh due to the fact that Lag Plaintiff's failure to build the Sonic restaurant had nothing to do with these defendants. 2. Judgment In a Criminal Case entered into in United States District Court for the Eastern District of California Case: United States of America v. Abolghasseni Alizadeh 2:15- CR-0087 GEB which shows that Mr. Alizadeh, former president of Voyager Restaurant Group, Inc. is set to be incarcerated for 56 months beginning September 17, 2018 and that Mr. Alizadeh has been ordered to pay $15,387,945.61 in restitution to Bank of the West and Central Pacific Bank. This evidence is relevant because itshows that at least since the bank fraud was discovered before 2015, Voyager had no financial ability to build the Sonic Restaurant. Further, the evidence supports the position that when Mr. Warner agreed to produce Mr. Alizadeh for deposition, he did not intend to follow through with the agreement. DATED: August 9, 2018 de to 2 REQUEST FOR JUDICIAL NOTICE PROOF OF SERVICE 1,the undersigned, certifyand declareas follows: |am over theage of eighteen years and not aparty tothis Io action. My business address is ROBINSON BRADFORD LLP, 3439 Brookside Road, Suite 212, Stockton, California95219, which is locatedin San Joaquin County where the mailing and/ordelivery below took place. lod On August 9, 2018, Iserved the following document(s) REQUEST FOR JUDICIAL NOTICE inthe above-referenced case, by placing atrue copy thereof,enclosed in asealed envelope, addressed and served as _follows: BY PERSONALLY DEPOSITING THE MAIL: On thedate specifiedabove, |deposited inthe mail atthe place specified above a copy of the document described above in a sealed envelope, with postage fully prepaid addressed to theindividuals and/orto theoffices ofthe addressee(s)below. BY BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: | am readily familiar with the business practiceat my placeof business forcollection and processing ofcorrespondence for mailing with the United States PostalService. Correspondence so collectedand processed isdeposited with the United States PostalService thatsame day in theordinary course of business. On thedate specified below, atmy place ofbusiness at Stockton,California,a copy of the document described above was placed for depositin the United States PostalService mailbox ina sealed envelope, with postage fullyprepaid addressed tothe individualsand/or to the officesofthe addressee(s) below, and thatenvelope was placed for collectionand mailing on thatdate following ordinary business practice. BY EXPRESS SERVICE CARRIER: On the date specified below, |deposited ina box or other facility regularly maintained by Federal Express, United Parcel Service or other express service carrier,or delivered toa courier or driverauthorized by said express service carriertoreceive documents, a copy of the document mentioned above, in an envelope designed by thesaid express service carrier, with delivery fees paidor provided for addressed tothe individualsand/or to theofficesof theaddressee(s) below. Paul A. Warner, Esq. (SBN 112168) 1624 Santa Clara Drive, Suite 220 Roseville,CA 95661 Telephone: (916) 996-3100 Facsimile : (916) 789-7557 / Attorney forPlaintiff, Voyager Restaurant Group, Inc. trueand correct. Executed on August 9, 2018, atStockton, California. 3 PROOF OF SERVICE Exhibit 1 Seem, gee INS WARYOV Vald uty ne by Teq eine =a 87 See EN ‘sanuompns AzoyejnBo2 10 ‘sapensurupe ‘Bunnossaid LZ EE jes0)20 ‘oyEyS‘fErapayJay Alte pujq OUTED PUT GIUIOZITBDJO 1OUISIg)wiaysag at 303 39150 92 8 AdWONY SIME poruf, dtp0) poyany s! juswAs vad sy ‘aseositySuypuuBas epuayop sip pus St at) (,,tuauME29A08,, BIUIOFIFAD JO PISIC] Woisesy a 10) 294JO 8 AdWIONY Se1MS porUs) Sy)UIEMI2g bz oS juowoar8e sayd ajajdutod at suypey0dJouNoOp SILL *(ouo-Ayuam|, - Us2};9UINYSIUMOD) ToyNSUY tz pomsui Ajexopay &0} syawayHs asey — p1O1 §“O'S BI Pur ‘(ussIysig -Uaarxig sIUNOD) prey seq ec - PET § ‘O'S BI {(waeYle - UoAag sIUNGD) prey EUI- IpPEl§'D'°S'N 81 Cas - sO SJUNOD) pney ig ars — EE1 § “O'S'N 81 JO (S)uopepOIA Yam EpUazep 31 SoBreyo ase stp ul WALNOIPUY SL 0z FTeasasy jo sdasg = +y 61 NOLONGOuINI =I | BI |LI wepu2}oq oI "ar ‘TTmN “3 GNVTYVD “UoH LINO ‘HAQVZI‘1V .AGV» INISSVHDTOAY | $s! ‘WV 006 = “HINLL ‘A g10z ‘ZI AUVANVS = “ALVG vi LNAWAAUDY VAT ‘guuleid es AD L800-UD-S1:% ‘ON ASV ‘YORMAWY JO SALVLS GS.LINN Zl iD VINUOATTVO JO LORLLSIC NYALS Va = LUNOD LONILSIOC SALV.LS GHLINN AHL NI DH CO BoyaUrYyJo 89381gPATUN, syuumeyg soy skowony EE OBO OO6Z-PSS (916) :apuHsoBy HH OOLT-bSS (916) souoydajoy $19S6 YO ‘owourasseg et shawouy Par3an 2 saee2 GHy So0eS dd0 = V10 ‘dOMI RegeDe ns Sh isto se agLLOOSeR VINHOS nn 8102 9 | NVI ‘Mh YODTHOIN -_ aails 27 jOT abe ST/9T/TO Palla GS uswNI0g g39-/8000-19-GT:Z aseD Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 2 af 17 The Court isnot a partyto thisplea agreement. Sentencing isa matter solely withinthe Ye discretionof the Coust, and the Court may takeinto considerationany and allfactsand circumstances conceming thecriminal activitiesofdefendant, including activities which may not have been charged in WY the indictment. The Court isunder no obligation toaccept any recommendations made bythe Rh government, and the Court may in itsdiscretionimpose any sentenceit deems appropriateup to and A including thestatutory maximum statedinthis pleaagreement. A Ifthe Court should impose any sentence up to themaximum established by thestatute,the St defendant cannot, for thatreason elone, withdraw hisguiltyplea, and he willremain bound to fulfill afl 6 of theobligations under this pleaagreement. The defendant cmtenigaads that neitherthe prosecutor, ‘Oo defense counsel, nor the Court can make a binding predictionor promise regarding thesentence he will OS receive. I. DEFENDANT'S OBLIGATIONS REEBB A. Gailty Plea. The defendant willplead guiltytoCount One — Wire Fraud, inviclation of 18 U.S.C. § 1343; Count 17 — Bank Fraud,in violation of 18U.S.C. § 1344;and Count 20 — False Statement to aFederally ARR Insured Institution, in viclation of 18U.S.C, §1014. The defendant agrees thathe isin factguiltyof these charges and that.thefactsset forthin theFactual Basis for Pleaattached hereto as BxhibitA are BSSET accurate. The defendant agrees thatthisplea agreement willbe filedwith the Court and become a partof the recordof the case. The defendant understands and agrees thathe will not be allowed towithdraw his plea(s)should theCourt not follow the government's sentencing recommendations. TFT The defendant agrees thatthe statements made by him in signing thisAgreement, including the BoB factualadmissions setforth inthe factualbasis,shall be admissible and useable againstthe defendant by the United States inany subsequent criminal orcivilproceedings, even if the defendant fails to entera guiltyplea pursuant to thisAgreement. The defendant wuives eny rightsunder Fed. R. Crim. P. 11(f) 26 aud Fed. R. Evid. 410, tothe extent thatthese rulesare inconsiatentwith thisparagraph orwith this 27 Agreement generally. 28 PLEA AGREEMENT 2 Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 3 of 17 B. Restitution, ‘The Mandatory Victim RestitutionAct requires theCourt toorder restitutiontothe victimsof certainoffenses. Defendant agrees thathis conduct isgoverned by the Mandatory Restitution Act pursuantto 18 U.S.C. § 3663A(c)(1 (Ai) and agrees topay the fullamount ofrestitutionto allvictims affectedby — thisoffense,including, but not limited to,thevictims covered in thefactual basis,victims covered in these counts tobe dismissed as partof thepica a pursuant to 18 U_S.C. § 3663A(a){3), and other victims asa resultof the defendant's conduct for theoffenses charged from theperiods of June 2004 through April 2008, The United States estimatesthat restitution may exceed approximately $22,905,178.10. Defendant furtheragrees that he willnot seek todischarge any restitutionobligationor any part of such obligationin any bankruptcy proceeding. Payment of restitutionshallbe by cashier'sor certifiedcheck made payable to theClerk of the Court. The defendant understand thattheCourt may order restitutiontobe immediately payable consistentwith 18 U.S.C. § 3663A. Cc. Fine. The parties agree thatno fine isappropriate inthiscase. D. Special Assessment. The defendant agrees to pay aspecial assessment of $300 at thetime of sentencing by delivering a check or money order payable to the United StatesDistrictCourt to theUnited StatesProbation Office immediately before thesentencing hearing. The defendant understands thatthis pleaagreement is voidable atthe option of thegovernment if hefailstopay the assessment prior to thathearing.If the defendant isunable topay thespecial assessment at thetime of sentencing, he agreesto earn themoney topay theassessment, if necessaryby participstingin theInmate FinancialResponsibility Program. If thedefendant, cooperating or not,violates thispleaagreement in any way, withdraws hisplea, or triestowithdraw his plea,thisplea agreement isvoidable at theoption of thegovernment. If the PLEA AGREEMENT . Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 4 of 17 government electsto void the agreement based on the defendant's violation,the— willno ~&— longer be bound by itsrepresentations to thedefendant concerning the limitson criminal prosecution WD and sentencing as setforth herein. A defendant violatestheplea agreement by committing any crime or W providing or procuring any statement or testimony which isknowingly false,misleading, or materially 2B incomplete in any litigationor sentencing process inthiscase, arengages inany post-pleaconduct DW constitutingobstruction of justice.Varying from stipulatedGuidelines application or agreements A regarding arguments as to18 United StatesCode section3553, as setforth in thisagreement, personally nN or through counsel, alsoconstitutes aviolation ofthe pleaagreement. The goverament algo shallhave oo the right(1)to prosecute the defendant on any of thecounts to which he pleaded guilty;(2)to reinstate any counts thatmay be dismissed pursuant to thispleaagreement; and (3)to fileany new charges that ES would otherwise be basred by thisplea agreement. The defendant shallthereafterbe subjectto BNRBEE prosecution forany federalcriminal violation ofwhich thegovernment has knowledge, The decision to EBHE pursue any or allof theseoptions issolelyin thediscretionof the United States Attorney's Office. By signing this pleaagreement, the defendant agrees towaive any objections,metions, and defenses thatthe defendant might have to thegovernment's decision. Any prosecutions thatare not RE time-barred by the applicable statuteof limitationsasof thedate of thisplea agreement may be commencedin accordance with thisparagraph, notwithstanding the expiration ofthe statuteof BT limitationsbetween thesigning ofthisplea agreement and thecommencement of any such prosecutions. >XNaRWRB Tho defendant agrees not toraiseany objectionsbased on the passage of time with respectto such counts including,but not limited to,any statutesof limitationorany objections based on theSpeedy ot TrialAct or the Speedy Tria!Clause ofthe Sixth Amendment to any counts that were not time-barredas Ny of thedate of thisplea agreement. The determination of whether thedefendant has violatedtheplea agreement willbe under a probable cause standard. w In addition,(1)all statements made by the defendant tothe government or otherdesignated law enforcement agents,or any testimony given by the defendant before ogrand jury or othertribunal, whether before or afterthisplea sgreamert, shallbe admissible in evidence in any criminal,civil, or NNN —_ administrativeproceedings hereafter brought againstthe defendant; and (2) the defendant shallassertno claim under the United States Constitution, any statute, Rule 11(f)of theFederat Rules of Criminal PLEA AGREEMENT 4 Case 2:15-cr-00087-GEB Document59 Filed 01/16/18 Page 5 of 17 \ Rule 410 ofthe Federal Rules of Evidence, or any other federalrvfe,that statementsmade by he the defendant before or afterthisplea agreement, or any leadsderived therefrom, should be suppressed. F. Asset Disclosure. Rk The defendant agrees to make afulland complete disclosure ofhis assetsand financial RH condition,and will complete the United StatesAttomey’s Office's “Authorization to Release DR Information” and “Financial Affidavit”within five (5)weeks from the entry ofthe defendant's change NH of plea,including supporting decornmtstien. The defendant also agrees tohave theCourt enter anorder non to thateffect.The defendant understands thatif hefailstocomplete truthfullyand provide thedescribed wo documentation to theUnited StatesAttomey’s office withinthe allottedtime, he willbe considered in violationof the agreement, and thegovernment shall beentitledto the remedies set forthinsection ILE above, above. G. Agreement toConnerate. The defendant agrees to cooperate fullywith thegovernment and any other federal,state, or local _law enforcement agency, as directedby the government. As used inthis pleaagreement, “cooperation” requiresthe defendant: (1)to respond truthfully and completely toall questions,whether ininterviews, incorrespondence, telephone conversations, before a grandjury, or atany trialor othercourt proceeding; (2) toatend allmeetings, grand jury sessions,trials, and other proceedings atwhich the defendant's presence is requested by the govemmenst or compelled by subpoenas or courtorder; (3)to produce voluntarily any and alldocuments, records, orother tangible evidence requested by the government; (4)not to participatein any criminalactivitywhile cooperating with thegovernment, and (5)to discloseto the government the existence and statusofall moncy, property,or assets,ofany kind, derived from or acquired as a resultof,or used tofacisitate the commission of,thedefendant's illegal activities or the illegal activitiesof any conspirators. WI. THE GOVERNMENT'S OBLIGATIONS A. - Dismissals/Other Charges. The government agrees to move, at thetime of sentencing, todismiss without prejudice the remaining counts inthe pending indictment. The government alsoagrees not to reinstate any dismissed PLEA AGREEMENT 5 Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 6 of 17 count except if this agreement is voided as setforthherein,or as provided in paragraphs IIE (Violation Re of PleaAgreement by Defendant/Withdrawal of Plea(s)),JII.B.3(Reduction of Sentence for Cooperation), VI.B (Estimeted Guideline Calculation), and V1I.B (Waiver ofAppeal and Collateral ww Atteck) herein. hm B. Recommendations. Aw 1, Incarceration Range. The government will recommend thatthe defendant be sentenced tothe low end of the ON applicableguideline range asdetermined by the Court. oe Acceptance of Responsibility. oo The government will recommend a two-levelreduction (if theoffense levelislessthan anwtataiss=6 16)ora three-levelreduction (if theoffense levelreaches 16) inthe computation ofhis offensetevel if ry thedefendant clearlydemonstrates acceptance of responsibilityforhis conduct as defined inU.S.S.G. § 3Ei.1. This includes the defendant meeting with and assistingthe probation officerinthe preparationof thepre-sentence report,being truthfuland candid with the probation officer, and nototherwise engaging ess inconduct thatconstitutesobstruction of justicewithin themeaning of U.S.S.G §3C1.1, either inthe - preparation ofthe pre-sentence report orduring the sentencing proceeding. 3. Reduction of Sentence forCooperation, «= The government agrees to recommend atthe time ofsentencing that thedefendant's = sentence of imprisanment be reduced by up to50% of theapplicable guideline sentence if heprovides Sos wt substantialassistance tothe government, pursuant to U.S.S.G. § 5K1.1. The defendant understands that 2i he must comply with paragraphs LI.H and notviolate thispleaagreement as setforth inparagraph I.E herein. The defendant understands that itiswithin thesole and exclusive discretionof thegovernment nr todetermine whether thedefendant has provided substantialassistance. The defendant understands that thegovernment may recommend areduction in his sentence of lessthan S0% or no reduction atall;depending upon the levelof assistancethe government determines that thedefendant has provided. The defendant furtherunderstands thata motion pursuant to U.S.S.G. § SK1.1 is only2 28 recommendation and is not binding on theCourt, thatthisplea agreement confers no rightupon the PLEA AGREEMENT 6 Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 7 of 17 defendant to requirethat thegovernment make a§ 5K1.! motion, and thatthisplea agreement confers eee no remedy upon thedefendant inthe event that the government declines to make a § SK1.1 motion. In &W particular,thedefendant aprees notto tryto file# motion towithdraw his guiltyplea(s)based on the fact & thatthe government decides not to recommend asentence reduction or recommends a sentence & reduction tessthan the defendant thinks isappropriate. WU If thegovernment determines thatthe defendant has provided farthercooperation within AN one year following sentencing, the government may move fora furtherreduction of hissentence Nt pursuant to Rule 35 of theFederal Rules of Criminal Procedure. oOo Cc. Use of Information ferSentencing. eo The government isfree toprovides full and accurateinformation to the Court and Probation, GSmm” including answering any inquiriesmade by the Coust and/or Probation and rebuttingany inaccurate =|— statements or arguments by thedefendant, his attorney,Probation, orthe Court. The defendant also REH understands and agrees that nothing inthis PleaAgreement barsthe government from defending on appeal or collateralreview any sentence that theCourt may impose. Iv. ELE F THE OFFENSE AB Ata trial, the government would have to prove beyond areasonable doubt thefollowing elements of the offense(s)to which the defendant ispleading guilty,specificallywire fraud in violation NU of18 U.S.C. § 1343: | . eB First,thedefendant knowingly participatedin,devised, or intended todevise a scheme or plan to oS defraud, ora scheme or plan forobtaining money or property by means of falseorfraudulent pretenses, tw 21 representations,or promises; Second, thestatements made or factsomitted as partof the scheme were materiel;thatis,they bad a naturaltendency to influence,orwere capable of influencing,a person topart with money or 24 propesty, PLEA AGREEMENT Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 8 of 17 1 when one can reasonably foreseesuch use. 2 Itneed not have been reasonably foreseeable tothe defendant thatthe wire communication a 3 would beinterstatein nature.Rather, itmust have been reasonably foreseeable tothe defendant that 4 some wire communication would occur infurtherance of thescheme, and an interstate wire 5 |} communication must have actually occurred infurtherance of thescheme. 6 With respectto bank fraud in violationof 18 U.S.C. § 1344, thegovernment would have to prove 7 the following etements of the offense beyond a reasonable doubt: 8 First,thedefendant knowingly cartiedout a scheme or plan to obtainmoney orproperty from a 9 financialinstitutionby making falsestatements or promises; 10 Second, thedefendant knew thatthestatements or promises were false; i Third, thestatements or promises were material;thatis,they had a natural tendency to influence, 12 or were capable of influencing, afinancialinstinutiontopart with money or property; 13 Fourth, thedefendent acted with theintentto defraud;and 44 Fifth,the financialinstitutionwas federallyinsured. _ 1$ With respectto falsestatements to afederally insuredinstitutionin violationof 18 U.S.C. 16 § 1014, thegovernment woutd have to prove thefollowing elements ofthe offense beyond areasonable 17 lldoubt: 18 First,thedefendant made a falsestatement orreport orwillfullyovervalued any land, propertyor 19 securityto a federallyinsured bank; 20 Second, the defendant meade thefalsestatement or reportto the federallyknowing itwes false; 2i and 22 Third, the defendant did so forthe purpose of influencingin any way theaction of thefederally 23 insured bank. 24 tt isnot necessary, however, to prove thatthe federallyinsured bank involved was, infact, influenced or misled,or thatthe federally insuredbank was exposed toa riskof loss.What must be 26 proved is thatthe defendant intended to influence thefederallyinsured bank by thefalsestatement. 27 The defendant fully understands thenature and elements of the crimes charged in theindictment 28 towhich he ispleading guilty,togetherwith the possibledefenses thereto, and'has discussed them with PLEA AGREEMENT 8 Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 9 of 17 hisattomey. | V. MAXIMUM SENTENCE wD A. Maximum Penalty, Ww The maximum sentence that the Court can impose with respect to wire fraudaffecting afinancial hh institutioninviclationof 18U.S.C. § 1343.ds charged in Count One is30 years of incarceration,afine tr of$1 tmillion, a five-year period ofsupervised release and aspecial assessment of $100. The maximum AO sentence thatthe Court can impose with respect tobank fraud inviolationof 18 U.S.C. § 1344 as sn charged inCount Seventeen is30 ycars of incarceration, a fineof 31 mliiion, afive-year period of Oo supervised release and a specialassessment of $100. The maximum sentence that theCourt canimpose: o 10 with respect tofalsestatements toa federallyinsured institutioninviolation of 18U.S.C. § 1014 as li charged inCount 20 is30 years of incarceration,a fineof $1 million,a five-yearperiod of supervised 12 releaseand aspecial assessment of $100. 13 By signing this pleaagreement, the dofendant.alsoagrees that theCourt canorder the payment of 14 restitutionforthe fullloss caused by the defendant's wrongful conduct. The defendant agreesthat the 15 restitutionorder isnot restrictedtothe amounts allegedin thespecific count(s) towhich he ispleading 16 guilty. The defendant furtheragrees, asnoted above, that hewill not attempt todischarge in any present 17 or futurebankruptcy proceeding any restitutionimposed by the Court. 18 The defendant understands thatif heviolatesa condition ofsupervised releaseatany time during 20 theterm ofsupervised release,the Court may revoke theterm of supervised release and requirethe al defendant to serve up tofive additionalyears imprisonment, VI. SENTENCING DETERMINATION - A. Statutory Authority, 24 The defendant understands thatthe Court must consult theFederal Sentencing Guidelines and 25 must take them intoaccount when determining a finalsentence. The defendant understands that the Court will determine a non-binding and advisory guideline sentencing range for thiscase pursuantto the 27 Sentencing Guidelines and must take them into eccount when determining 4 finalsentence. The 28 defendant further understands that theCourt willconsider whether there isa basis fordeparture from the PLEA AGREEMENT 9 Case 2:15-cr-00087-GEB Document 59 Filed 01/16/18 Page 10 of 17 guideline sentencing range (citherabove orbelow theguideline sentencing range) because there exists an aggravating or mitigating circumstance of a kind,or toa degree, not adequately taken into consideration by the Sentencing Commission in formulating theGuidelines. ‘Thedefendant further understands that theCourt, afterconsultation and consideration ofthe Sentencing Guidelines,must impose asentence thatisreasonable in lightof thefactorsset forthin 18 U.S.C. § 3553(a). B. Stipulations Affecting Guideline Calculation: The government and thedefendant agree thatthere isno material dispute as tothe following sentencing guidelinesvariables and therefore stipulateto thefollowing: l. Base Offense Level: +7 (statutorymaximum exceeds 20 yeass -§ 2B].1{a}{1)) 2. Loss Amount: +20 (lossamount exceeds $9.5 million- § 2B1.1(b)(1)(K)) 3. Gross Receipts Exceeded $1 million:+2 (§ 2B1.1(b}(16)) 4. Acceptance of Responsibility: Ses paragraph IN.B.2 above 5. Criminal History: The parties estimate,but do not stipulate,thatthedefendant's criminal historycategory willbe eitherIer Il. 6. Other enhancements: The Government express agrees not topursuc any enhancement forsophisticated means or leader/organizer inthe DistrictCourt. 7 Estimated Sentencing Range: (assurning theguidelines calculationsabove, acceptance ofresponsibility,a