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Count One charges WOLMARK with violating 15 U.s.C. § 1, in connection with a conspiracy to allocate and rig bids for investment agreements or other municipal finance contracts, from at least as early as 1998 until at least November 2006. Count Two charges WOLMARK with violating 18 U.S.c. § 371 , in connection with a conspiracy to defraud municipal issuers, the United States and the Internal Revenue Service, from at least as early as August 2001 until at least November 2006. Count Six charges WOLMARK with violating 18 U.S.C. §§ 1343 and 1346 in connection with the use of a wire transfer in furtherance of a scheme to defraud municipal issuers.

Washington

Case 1:09-cr-01058-VM Document 382 Filed 01/09/12
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DATE FILED: 1/9/2012
Criminal No.:
UNITED STATES OF AMERICA v. ZEVI WOLMARK aIkIa “STEWART WOLMARK,” Defendant.
Filed: Violations: 15 U.S.C. § 1 18 U.S.c. § 371 18 U.S.c. § 1343 18 U.S.c. § 1346

Plea Agreement

The United States Department of Justice, Antitrust Division (“Antitrust Division”) and the defendant, ZEVI WOLMARK aIkIa “STEWART WOLMARK” (“WOLMARK”), hereby enter into the following Plea Agreement (“Agreement”) pursuant to Rule 11 (c)(1 )(B) of the Federal Rules of Criminal Procedure (“Fed. R. Crim. P.”).

WOLMARK’S AGREEMENT TO PLEAD GUILTY
l. WOLMARK agrees to plead guilty to Counts One, Two and Six of the pending eight-count Superseding Indictment, United States v. Rubin/Chambers, DunhillInsurance Services Inc., et af., S 1 09 Cr. 1058 (VM), in the United States District Court for the Southern District of New York. Count One charges WOLMARK with violating 15 U.s.C. § 1, in connection with a conspiracy to allocate and rig bids for investment agreements or other municipal finance contracts, from at least as early as 1998 until at least November 2006. Count Two charges WOLMARK with violating 18 U.S.c. § 371 , in connection with a conspiracy to defraud municipal issuers, the United States and the Internal Revenue Service, from at least as early as August 2001 until at least November 2006. Count Six charges WOLMARK with violating 18 U.S.C. §§ 1343 and 1346 in connection with the use ofa wire transfer in furtherance
of a scheme to defraud municipal issuers.
2.
WOLMARK has informed the Antitrust Division that he wishes to provide the Antitrust Division with information of potential violations of law by WOLMARK and others so that the Antitrust Division can evaluate whether it would be willing to file a motion pursuant to § SK1.1 of the United States Sentencing Guidelines (“U.S.S.G.”). WOLMARK acknowledges that the decision whether the Antitrust Division will file a motion pursuant to U.S.S.G. § SK1.1 is within the sole discretion of the Antitrust Division and, further, that the Antitrust Division has made no assurances, representations or commitments whatsoever that even after hearing and evaluating the infonnation WOLT\1ARK may provide, it will file a motion pursuant to U.S.S.G. § SKI. 1.
3.
WOLMARK understands that if he chooses in the future to provide the Antitrust Division with information of potential violations of law and if the Antitrust Division determines that WOLMARK has not provided full and truthful information, such a determination will release the Antitrust Division from any obligation under this Agreement.
4.
WOLMARK understands that if the Antitrust Division ultimately determines not to file a motion pursuant to U.S.S.G. § SK1.1, he will not be able to withdraw his guilty pleas once they have been entered and the sentence to be imposed on him remains within the sole discretion of the sentencing Judge.
S. WOLMARK understands and agrees that should a conviction following his pleas of guilty pursuant to this Agreement be vacated for any reason, any prosecution that is not timebarred by the applicable statute of limitations on the date of the signing of this Agreement (induding any counts that the Government has agreed to dismiss at sentencing pursuant to this Agreement) may be commenced or reinstated against him, notwithstanding the expiration of the
statute of limitations between the signing of this Agreement and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to waive all defenses based on the statute of limitations with respect to any prosecution that is not time-barred on the date that this Agreement is signed.

GOVERNMENT’S AGREEMENT
6.
Subject to WOLMARK’s full compliance with the understandings specified in this Agreement, and upon the Court’s acceptance of the guilty pleas called for by this Agreement, the Antitrust Division agrees to move to dismiss Counts Three, Four, Five, and Eight of the pending Superseding Indictment upon imposition of sentence. In addition, the Antitrust Division will not bring further criminal charges against WOLMARK with respect to any crime charged in the Superseding Indictment. This Agreement does not provide any protection against prosecution for any crimes arising from the activity except as set forth above. The nonprosecution terms of this paragraph do not apply to civil or tax matters of any kind or crimes of violence.
7.
It is understood that this Agreement does not bind any other federal agency or local prosecuting authority or administrative agency other than the Antitrust Division.

POSSIBLE MAXIMUM PENALTIES
8. WOLMARK understands that the statutory maximum penalty which may be imposed against him upon conviction for a violation of Title 15, United States Code, Section 1 charged in Count One is:
(a)
a term of imprisonment often (10) years (15 U.S.c. § 1);
(b)
a fine in an amount equal to the greatest of (I) $1 ,000,000, (2) twice the gross pecuniary gain to any person derived from the offense, or (3) twice the gross pecuniary loss caused to a person other than WOLMARK from the offense (15 U.S.c. § 1, 18 U.S.c. § 3571(b) and (d)); and
(c) a term of supervised release of three (3) years following any term of imprisonment. If WOLMARK violates any condition of supervised release, WOLMARK could be imprisoned for up to tvvo (2) years (18 U.S.c. § 3559(a)(3); 18 U.S.c. § 3583(b)(2) and (e)(3); and U.S.S.O. § SD1.2(a)(2)).
9. In addition, WOLMARK understands that:
(a)
pursuant to U.S.S.O. § 5El.l or 18 U.S.c. §§ 3663(a)(3) or 3583(d), the Court may impose an order of restitution to the victim(s) of the offense; and
(b)
pursuant to 18 U.S.c. § 3013(a)(2)(A), the Court is required to order WOLMARK to pay a $100 special assessment upon conviction for the charged crime.
10. In addition, WOLMARK understands that the statutory maximum penalty which may be imposed against him upon conviction for a violation of Title 18, United States Code, Section 371 charged in Count Two is:
(a) a term of imprisonment offive (5) years (18 U.s.c. § 371);
(b)
a fine in an amount equal to the greatest of (1) $250,000, (2) twice the gross pecuniary gain to any person derived from the offense, or (3) twice the gross pecuniary loss caused to a person other than WOLMARK from the offense (18 U.S .c. § 3571(b) and (d)); and
(c)
a term of supervised release of three (3) years following any term of imprisonment. If WOLMARK violates any condition of supervised release, WOLMARK could be imprisoned for up to two (2) years (18 u.s.c. § 3559(a)(4); 18 U.S.c. § 3583(b)(2) and
(e)(3); and U.S.S.G. § 5Dl.2(a)(2)).
11. In addition, WOLMARK understands that:
(a)
pursuant to 18 U.s.c. §§ 3663, 3663A and 3664, the Court shall impose an order ofrestitution to the victim(s) ofthe offense; and
(b)
pursuant to 18 U.S.c. § 3013(a)(2)(A), the Court is required to order WOLMARK to pay a $100 special assessment upon conviction for the charged crime.
12. In addition, WOLMARK understands that the statutory maximum penalty which may be imposed against him upon conviction for a violation of Title 18, United States Code, Sections 1343 and 1346 charged in Count Six is:
(a) a term of imprisonment of twenty (20) years (18 U .s.c. §§ 1343, 1346);
(b)
a fine in an amount equal to the greatest of (1) $250,000, (2) twice the gross pecuniary gain to any person derived from the offense, or (3) twice the gross pecuniary loss caused to a person other than WOLMARK from the offense (18 U.S.c. § 3571 (b) and (d)); and
(c)
a term of supervised release of three (3) years following any term of imprisonment. IfWOLMARK violates any condition of supervised release, WOLMARK could be imprisoned for up to two (2) years (18 U.S.c. § 3559(a)(3); 18 U.S.c. § 3583(b)(2) and (e)(3); and U.S.S .G. § 5Dl.2(a)(2)).
13. In addition, WOLMARK understands that:
(a)
pursuant to 18 U.S .c. §§ 3663, 3663A and 3664, the Court shall impose an order of restitution to the victim(s) of the offense; and
(b) pursuant to 18 U.S.c. § 30 13(a)(2)(A), the Court is required to order WOL.MARK to pay a $100 special assessment upon conviction for the charged crime.

SENTENCING GUIDELINES 14. WOLMARK understands that the United States Sentencing Guidelines (“Sentencing Guidelines”) are advisory, not mandatory, but that the Court must consider the Sentencing Guidelines in effect on the day of sentencing, along with the other factors set forth in 18 U.S.c. § 3553(a) in determining and imposing a sentence. WOLMARK understands that the Sentencing Guidelines determinations will be made by the Court by a preponderance of the evidence standard. WOLMARK understands that although the Court is not ultimately bound to impose a sentence within the applicable Sentencing Guidelines range, its sentence must be reasonable based upon consideration of all relevant sentencing factors set forth in 18 U .S.c. § 3553(a).

SENTENCING AGREEMENT
15 . WOLMARK understands that the sentence to be imposed on him is within the sole discretion of the sentencing Judge. It is understood that the Sentencing Guidelines are not binding on the Court. WOLMARK acknowledges that his entry of guilty pleas to Counts One, Two and Six of the Superseding Indictment authorizes the sentencing Court to impose any sentence, up to and including the statutory maximum sentence. The Antitrust Division cannot and does not make any promises or representations as to what sentence WOLMARK will receive.
16. The Antitrust Division reserves the right to make any statement to the Court or the Probation Office concerning the nature of the offenses charged in the attached Superseding Indictment, the participation of WOLMARK therein, and any other facts or circumstances that it deems relevant. TI1e Antitrust Division also reserves the right to comment on or to correct any representation made by or on behalf of WOLMARK, and to supply any other information that the Court may require. In so doing, the Antitrust Division may use any information it deems relevant, including information provided by WOLMARK both prior and subsequent to the signing ofthis Agreement.
17. WOLMARK understands that this Agreement does not in any way affect or limit the right of the Antitrust Division to respond to and take positions on post-sentencing motions or requests for inforn1ation that relate to reduction or modification of sentence.

REPRESENTATION BY COUNSEL
18. WOLMARK has reviewed all legal and factual aspects of this case with his attorney and is fully satisfied with his attorney’s legal representation. WOLMARK has thoroughly reviewed this Agreement with his attorney, and has received satisfactory explanation from his attorney concerning each paragraph of this Agreement and alternatives available to WOLMARK other than entering into this Agreement. After conferring with his attorney and considering all available alternatives, WOLMARK has made a knowing and voluntary decision to enter into this Agreement.

VOLUNTARY PLEA
19. WOLMARK hereby acknowledges that he has accepted this Agreement and decided to plead guilty because he is in fact guilty. By entering this plea of guilty, WOLMARK waives any and all right to withdraw his pleas or to attack his conviction, either on direct appeal or collaterally, on the ground that the Antitrust Division has not produced any discovery material, Jencks Act material, exculpatory material pursuant to Brady v. Maryland, 373 U.S. 83 (1963), other than infOm1ation establishing the factual ilU10cence of WOLMARK, and impeachment material pursuant to Giglio v. United States, 405 U.S. 150 (1972), that have not already been produced as of the date of the signing of this Agreement.
20. WOLMARK’s decision to enter into this Agreement and to tender pleas of guilty is freely and voluntarily made and is not the result of force, threats, assurances, promises, or representations other than the representations contained in this Agreement.

ENTIRETY OF AGREEMENT
21.
This Agreement constitutes the entire agreement between the Antitrust Division and WOLMARK concerning the disposition of the charges contained in the attached Superseding Indictment. The Antitrust Division has made no other promises to or agreements with WOLMARK. This Agreement cannot be modified except in writing, signed by the Antitrust Division and WOLMARK.
22.
The undersigned attorneys for the Antitrust Division have been authorized by the Attorney General of the United States to enter this Agreement on behalf of the Antitrust Division.
Dated: 1/9/12 Signature: Rebecca Meiklejohn, Steven Tugander, Kevin B. Hart, Michelle O. Rindone

Source: Justice Department – Antitrust Division