Larry Nassar plea agreement

In this agreement, former USA Gymnastics team doctor Larry Nassar pleads guilty to three child pornography charges.

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, No.
v.
Hon. JANET T. NEFF
LAWRENCE GERARD NASSAR, United States District Judge

Defendant.

PLEA AGREEMENT

This constitutes the plea agreement between the defendant, LAWRENCE GERARD
NASSAR, and the US. Attomey?s Of?ce for the Western District of Michigan. The terms of the
agreement are as follows:

1. The Defendant Agrees to Plead Guilg. The defendant agrees to plead guilty to
Counts 1-3 of the Superseding Indictment. Count 1 charges him with Receipt and Attempted
Receipt of Child Pornography, in violation of 18 U.S.C. Count 2 charges him
with Possession of Child Pornography, in violation of 18 U.S.C. Count 3
charges him with Destruction and Concealment of Records and Tangible Objects, in violation of
18 1519.

2. The Defendant Understands the Crimes.

A. Count 1: For the defendant to be guilty of Receipt of Child Pornography, in
violation of 18 U.S.C. the following must be true:

First: The defendant knowingly received child pornography.

(ii) Second: The defendant knew that the material was child pornography.

Third: The child pornography had been shipped or transported in interstate or foreign

commerce by any means, including by computer.

B. Count 2: For the defendant to be guilty of Possession of Child Pornography, in
violation of 18 U.S.C. the following must be true:

First: The defendant knowingly possessed any computer disk or material that contained
an image of child pornography.

(ii) Second: The defendant knew that the material contained child pornography.

Third: The image of child pornography was shipped or transported using any
means or facility of interstate commerce by any means, including by computer, or (ii) produced
using materials that had been mailed, or shipped or transported in or affecting interstate or foreign
commerce by any means, including by computer.

(iv) Fourth: The images of child pornography possessed included images that involved a
minor who had not attained 12 years of age.

C. Count 3: For the defendant to be guilty of Destruction and Concealment of
Records and Tangible Objects, in violation of 18 U.S.C. 1519, the following must be true:

First: The defendant knowingly deleted or altered the information on his

computer.

(ii) Second: The defendant acted with the intent to impede, obstruct or

in?uence an investigation that he contemplated at the time of the deletion
or alteration.

Third: The matter was within the jurisdiction of the Federal Bureau of

Investigation, which is an agency of the United States.

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The defendant is pleading guilty because he is guilty of the charges described above.

3.

A.

The Defendant Understands the Penalties.

The sentence the Court can impose for a violation of 18 U.S.C.

is the following:

B.

Imprisonment: Not less than 5 years and not more than 20 years;

Fine: Up to $250,000;

Supervised Release: Not less than 5 years and up to life;

Mandatory Special Assessment: $100.

The sentence the Court can impose for a violation of 18 U.S.C.

is the following:

C.

following:

Imprisonment: Not more than 20 years;

Fine: Up to $250,000;

Supervised Release: Not less than 5 years and up to life;

Additional Special Assessment: $5,000;

Mandatory Special Assessment: $100.

The sentence the Court can impose for a Violation of 18 U.S.C. 1519 is the

Imprisonment: Not more than 20 years;

Fine: Up to $250,000;

Supervised Release: Not more than 3 years;

Mandatory Special Assessment: $100.

The defendant agrees to pay the special assessments at or before the time of sentencing
unless the defendant af?rmatively demonstrates to the Court that he lacks the ability to pay. The
defendant understands that the Court may impose sentences consecutively for each count.

4. Supervised Release De?ned. Supervised release is a period of time following
imprisonment during which the defendant will be subject to various restrictions and requirements.
The defendant understands that if he violates one or more of the conditions of any supervised
release imposed, he may be returned to prison for all or part of the term of supervised release,
which could result in him serving a total term of imprisonment greater than the statutory maximum
stated above.

5. Mandatory Restitution. The defendant understands that he will be required to pay
full restitution as required by law. The Court may order the defendant to make restitution in
accordance with 18 U.S.C. 2259, 3663, and 3663A. The defendant agrees to make full
restitution to all of the victims of his sexual exploitation, as determined by the Court at sentencing.
The defendant agrees that the restitution order is not restricted to the loss related to the charges to
which he is pleading guilty. The defendant agrees to execute and deliver to the US. Attorney's
Of?ce a completed ?nancial statement (Form OED-500) listing the defendant?s assets and
liabilities.

6. The defendant understands that

Suspension/Revocation of Professional License.
if he holds a professional license, the convictions in this case may result in the suspension or
revocation of that license.

7. Sexual Offender Registration. The defendant acknowledges and agrees that he

must register as a sex offender in all applicable jurisdictions, including, but not limited to, the

jurisdictions where he was convicted, resides, works, and attends school. The defendant
understands that failure to register may subject him to criminal prosecution.

8. Factual Basis of Guilt (Count41). The defendant and the U.S. Attorney?s Of?ce

agree and stipulate to the following statement of facts which need not be proven at the time of the
plea or sentencing:

Between September 18, 2004 and December 1, 2004, the defendant knowingly downloaded
images and videos of child pornography from the Internet. He used a program called NewsRover
to download this material. At the time the defendant downloaded this material, he knew it was
child pornography.

The defendant was in the Western District of Michigan at the time he downloaded this
material from the Internet.

The Internet is a means and facility of interstate commerce, and the images and videos the
defendant downloaded had crossed state lines before he downloaded them.

9. Factual Basis of Guilt (Count 2). The defendant and the US. Attorney?s Of?ce
agree and stipulate to the following statement of facts which need not be proven at the time of the
plea or sentencing:

Between 2003 and 2016, the defendant knowingly possessed thousands of images and
videos of child pornography on an AcomData hard drive and other devices while present in the
Western District of Michigan. The defendant knew the drive and devices contained child
pornography. Prior to the defendant possessing the images, they had been shipped and transported

both across state lines and using the Internet, which is a means and facility ofinterstate commence.

In addition, the images were produced using materials that had been shipped or transported in or

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affecting interstate and foreign commerce; speci?cally, they were produced using an AcomData
hard drive that was constructed of components made outside the state of Michigan. The images
of child pornography possessed included images that involved a minor who had not attained 12
years of age.

10. Factual Basis of Guilt (Count 3). The defendant and the US. Attomey?s Of?ce
agree and stipulate to the following statement of facts which need not be proven at the time of the
plea or sentencing:

On September 19, 2016, the defendant brought his work laptop to a computer service store
in the Western District of Michigan. He paid the store $49 to completely wipe the computer. The
store permanently deleted all of the data at the defendant?s request, including the operating system.
The defendant then turned the wiped laptop over to his employer. Forensic analysis of the machine
revealed that the defendant had completely wiped it of all content.

On or about September 20, 2016, the defendant threw away a number of hard drives,
including the AcomData hard drive discussed above. On September 20, 2016, police recovered
these hard drives from the defendant?s trash can, which he had placed by the road for collection.
Forensic analysis revealed thousands of images of child pornography on two of the hard drives the
defendant had discarded.

At the time the defendant took the actions described above, he was aware that law
enforcement was investigating his activities and he feared this investigation would reveal that he
had, among other things, received and possessed child pornography. He took the above actions

with the intent to impede and obstruct this contemplated investigation.

The receipt and possession of child pornography are matters within the jurisdiction of the
Federal Bureau of Investigation and the federal government.

11. The US. Attorney?s Of?ce Agrees.
a. Dismissal of Original Indictment: The US. Attorney?s Of?ce agrees to
move to dismiss the original Indictment (R1) at the time of sentencing.

b. Acceptance of Responsibility. The US. Attorney's Of?ce agrees not to
oppose the defendant?s request for a two~level reduction of his offense level for acceptance of
responsibility under Section 3E1.1(a) of the Sentencing Guidelines. However, the US. Attorney?s
Of?ce reserves the right to object to the defendant's request if it subsequently learns of conduct by
the defendant that is inconsistent with the criteria set forth in the Commentary to Section 3E1.1.
Should the Court grant a two-level reduction as provided herein, the Government will move the
Court to grant an additional one-level reduction if the adjusted offense level is 16 or greater

pursuant to Section 3E1 . 1

c. Non-Prosecution Agreement. The US. Attorney?s Of?ce for the Western

District of Michigan agrees not to further prosecute the defendant for (1) sexual exploitation and
attempted sexual exploitation of children, in violation of 18 U.S.C. 2251, related to conduct that
is alleged to have occurred in the defendant?s swimming pool in the Summer of 2015 involving
Childl and Child2, (minors whose identities are known to the United States and the defendant),
and (2) interstate/international travel with intent and engaging in illicit sexual conduct in foreign
places, in violation of 18 U.S.C. 2423(b) and related to conduct that is alleged to have
occurred between 2006 and 2013 involving Child3 and Child4 (persons whose identities are known

to the United States and the defendant). The defendant agrees, however, that in determining the

sentence, the Court may consider uncharged conduct in determining the applicable Sentencing
Guidelines range, where the sentence should fall within the applicable guidelines range, and the
propriety of any departure or variance from the calculated guidelines range. By this agreement the
defendant does not concede that an increased sentence or an upward departure or variance is, in
fact, warranted. The defendant understands that the US. Attorney?s Office is free to prosecute the
defendant for any other unlawful past conduct or any unlawful conduct that occurs after the date
of this agreement.

d. Prison Placement. The US. Attorney?s Of?ce will not object to a request
by the defendant that the Court recommend that he be con?ned at any particular institution. Both
parties acknowledge that the Bureau of Prisons, in its sole discretion, decides prison placement
and that, while the Bureau often gives deference to the Court?s recommendation, the Bureau is not
required to follow the Court?s recommendation.

12. The Sentencing Guidelines. The defendant understands that, although the United

States Sentencing Guidelines (the ?Guidelines?) are not mandatory, the Court must consult the
Guidelines and take them into account when sentencing him. The defendant understands that the
Court, with the aid of the presentence report, will determine the facts and calculations relevant to
sentencing. The defendant understands that he and his attorney will have the opportunity to review
the presentence report and to make objections, suggestions, and recommendations concerning the
calculation of the Guideline range and the sentence to be imposed. The defendant further
understands that the Court shall make the ?nal determination of the Guideline range that applies
in this case, and may impose a sentence within, above, or below the Guideline range, subject to

the statutory minimum and maximum penalties described elsewhere in this Agreement. The

defendant further understands that disagreement with the Guideline range or sentence shall not

constitute a basis for withdrawal of the plea.

13. The Parties Jointly Agree to the Following:

a. Stipulation Regarding Guideline Factors.

The defendant

oppose the scoring of the following applicable Sentencing Guidelines factors:

agrees not to

Base Offense Level 22
The parties agree a 2-point reduction pursuant to 0
is inapplicable

Offense involved sexually explicit images of +2
prepubescent minors or minors who had not attained

the age of 12 years

Offense involved images of minors subject to sadistic +4
or masochistic conduct or other degnions of violence

Pattern of activity involving the sexual abuse or +5
exploitation of a minor

Offense involved use of a computer +2
Offense involved more than 600 images of child +5
pornography

Obstruction 3C1.1 +2
Timely acceptance of responsibility 3E1.1 -3

The defendant and the US. Attorney's Of?ce each reserve the right to argue that additional speci?c

offense characteristics, adjustments, departures, and variances are appropriate.

b. Stipulations Not Binding on the Court. The defendant understands that

neither the United States Probation Of?ce nor the Court is bound by any stipulation in this

agreement, and that the Court, with the aid of the presentence report, will determine the facts and

calculations relevant to sentencing. Both the defendant and the US. Attorney's Of?ce are free to

supplement the facts stipulated to in this agreement by supplying relevant information to the

United States Probation Of?ce and the Court, and to correct any and all factual misstatements

relating to the calculation of the sentence. The defendant understands that if the Court ?nds facts

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or reaches conclusions different from those in any stipulation contained in this agreement, the
defendant cannot, for that reason alone, withdraw his guilty pleas.

14. Waiver of Trial By pleading guilty, the defendant gives up the right to
persist in a plea of not guilty and the right to a speedy and public trial by jury or by the Court. As
a result of the defendant?s guilty plea, there will be no trial. At any trial, Whether by jury or by the
Court, the defendant would have had the following rights:

a. The right to the assistance of counsel, including, if he could not afford an
attorney, the right to have the Court appoint an attorney to represent him.

b. The right to be presumed innocent and to have the burden of proof placed
on the Government to prove him guilty beyond a reasonable doubt.

c. The right to confront and cross-examine witnesses against him.

(1. The right, if he wished, to testify on his own behalf and present evidence in
opposition to the charges, including the right to call witnesses and to subpoena those witnesses to
testify.

e. The right not to be compelled to testify, and, if he chose not to testify or
present evidence, to have that choice not be used against him.

By pleading guilty, the defendant also gives up any and all rights to pursue in this Court or
on appeal any af?rmative defenses, Fourth Amendment or Fifth Amendment claims, and other
pretrial motions that have been ?led or could be ?led.

15. FOIA Request Waiver. The defendant hereby waives all rights, whether asserted
directly or by a representative, to request or receive from any department or agency of the United

States any records pertaining to the investigation or prosecution of this case, including without

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limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. 552,
or the Privacy Act of 1974, 5 U.S.C. 552a.

16. Hyde Waiver: The defendant acknowledges, by his voluntary admission of guilt,
that the position of the US. Attomey?s Of?ce in this case is not vexatious, frivolous, or in bad
faith, and he hereby disclaims and waives any right to make any claim for attorney fees.

17. The Court is not a Party to this Agreement. The defendant understands that the
Court is not a party to this agreement and is under no obligation to accept any recommendation by
the US. Attorney?s Of?ce or the parties regarding the sentence to be imposed. The defendant
further understands that, even if the Court ignores such a recommendation or imposes any sentence
up to the maximum established by statute, he cannot, for that reason, withdraw his guilty plea, and
he will remain bound to ful?ll all his obligations under this agreement. The defendant understands
that no one - not the prosecutor, the defendant?s attorney, or the Court - can make a binding
prediction or promise regarding the sentence he will receive, except that it will be within the
statutory maximum.

18. This Agreement is Limited to the Parties. This agreement is limited to the US.
Attorney?s Of?ce for the Western District of Michigan, and cannot bind any other federal, state or
local prosecuting, administrative or regulatory authority. This agreement applies only to crimes
committed by the defendant, except as provided in writing above. This agreement does not apply
to or preclude any past, present, or future forfeiture or civil actions.

19. Consequences of Breach. If the defendant breaches any provision of this
agreement, including any promise of cooperation, whether before or after sentencing, the United

States shall have the right to terminate this agreement, or deny any or all bene?ts to which he

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would otherwise be entitled under the terms of this agreement. In the event that the United States
elects to terminate this agreement, the agreement shall be considered null and void, and the parties
shall return to the same position they were in prior to the execution of this agreement, as though
no agreement ever existed. In such an event, the defendant shall remain liable for prosecution on
all original charges, and the United States shall be free to bring such additional charges as the law
and facts warrant. The defendant further agrees to waive and forever give up his right to raise any
claim that such a prosecution is time-barred if the prosecution is brought within one (1) year of the
breach that gives rise to the termination of this agreement.

20. Deadline for Acceptance of Agreement. If a copy of this agreement, executed by
the defendant and defense counsel, is not returned to the U.S. Attomey?s Of?ce by July 7, 2017,
this agreement will be withdrawn automatically and will thereafter have no legal effect or force,
unless the U.S. Attomey?s Of?ce, in its sole discretion, chooses to accept an executed agreement

after that date.

[This space is intentionally blank]

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21. This is the Complete Agreement. This agreement has been entered into by both

sides freely, knowingly, and voluntarily, and it incorporates the complete understanding between
the parties. No other promises have been made, nor may any additional agreements,
understandings or conditions be entered into unless in a writing signed by all parties or on the
record in open court.

ANDREW BYERLY BIRGE

Acting United States Attorney

Date: 2017

SEAN M. LEWIS
Assistant US. Attorney

I have read this agreement and carefully discussed every part of it with my attorney. I
understand the terms of this agreement, and I voluntarily agree to those terms. My attorney has
advised me of my rights, of possible defenses, of the sentencing provisions, and of the
consequences of entering into this agreement. No promises or inducements have been made to me
other than those contained in this agreement. No one has threatened or forced me in any way to
enter into this agreement. Finally, I am satis?ed with the representation of my attorney in this
matter.

Date: 3-3 ,2017 JIM

LAWRENCE GERARD
Defendant

I am LAWRENCE GERARD attorney. I have carefully discussed every part
of this agreement with my client. Further, I have fully advised my client of his rights, of possible
defenses, of the sentencing provisions, and of the consequences of entering into this agreement.
To my knowledge, my client?s decision to enter into this agreement is an informed and voluntary
one.

Date: 5,2017 1/16

MATTHEW
Attorney for the Defendant

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