USA v. Riggs et al Document 17: Motion for Departure

Massachusetts District Court
Case No. 1:05-cr-10082-WGY
Filed November 14, 2005

MOTION for downward departure Departure and Sentencing Recommendation as to Michael Fullerby USA. (Ortiz, Carmen)

BackBack to USA v. Riggs et al

Tags No tags have been applied so far. Sign in to add some.

  Formatted Text Tab Overlap Raw Text Right End
Page 1 Case 1:05-cr-10082-WGY
Document
Filed 11/14/
Page 1 of
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
)
)
)
)
)
)
)
UNITED STATES OF AMERICA
v.
MICHAEL FULLER
Defendant
CRIMINAL NO.
05-10082-WGY
GOVERNMENT’S MOTION FOR A DOWNWARD DEPARTURE
AND SENTENCING RECOMMENDATION
The United States respectfully moves, pursuant to Section
5K1.1 of the United States Sentencing Guidelines, that the Court
impose a sentence below the level otherwise established by the
Federal Sentencing Guidelines in this case, so as to reflect the
defendant
Michael
investigation
and
Fuller’s
substantial
prosecution
of
other
assistance
persons
who
in
the
committed
criminal offenses. For reasons noted below, the government submits
that the defendant has provided substantial assistance warranting
a downward departure from his applicable, advisory guidelines
sentencing range of 30 to 37 months under the Federal Sentencing
Guidelines.
The government recommends, based on the defendant's
substantial assistance and in accordance with the plea agreement
signed by the parties, that the defendant be sentenced to a period
of

months
imprisonment,

years
of
supervised
release,
restitution in the amount of $7,381,106.51, and a $100 mandatory
special assessment fee.
This is a three level departure from the
applicable guidelines range, and it is appropriate and reasonable
Page 2 Case 1:05-cr-10082-WGY
given
the
extent,
Document
value
and
Filed 11/14/
timeliness
of
Page 2 of
the
defendant’s
substantial assistance.
In support of this recommendation, the government submits that
Mr. Fuller substantially assisted law enforcement authorities when
he was first approached by Postal Inspectors, voluntarily agreeing
to an interview and then assisting in the investigation.
Mr.
Fuller flew to this District from Florida to provide the government
with a proffer, during which he gave a complete and truthful
statement,
admitting
to
his
criminal
conduct
and
providing
incriminating evidence against the mastermind of the fraud, Daniel
DelPiano
(“DelPiano”)(who
has
since
pled
guilty
and
been
sentenced); and a co-defendant, Eileen Riggs (“Riggs”) (who has
pled guilty and is awaiting sentencing before this Court).
During
the proffer session, the defendant provided credible and crucial
evidence against DelPiano and Riggs.
After the proffer session,
the defendant indicated his intent to plead guilty and to provide
substantial assistance.
During the course of this case, the defendant met with
authorities a few times and helped the government obtain charges
against DelPiano and Riggs. Although the defendant did not testify
at a trial, he was able and willing to.
More importantly, the
defendant’s cooperation was a significant factor in obtaining the
guilty pleas of two co-defendants in this case.
Both DelPiano and
Riggs knew that the defendant’s testimony placed them as the key
Page 3 Case 1:05-cr-10082-WGY
Document
Filed 11/14/
Page 3 of
perpetrators of the scheme, and that they could not credibly
contest their fraudulent intent in the offense conduct. Mr. Fuller
played a critical role in bringing this case to a successful
conclusion, and his cooperation enabled the government to avoid a
lengthy and cumbersome trial.
The
quantum
of
departure
that
the
government
recommends
reflects the government’s assessment of the quantity and quality of
Mr. Fuller’s assistance.
It takes into account the fact that the
defendant’s cooperation generated two guilty pleas, although he did
not have to testify at trial.
Additionally, it is important to
note that in comparison to the criminal conduct of the other
defendants in this case, Mr. Fuller’s knowing involvement in the
scheme was for a slightly shorter period of time.
In all, Mr.
Fuller accepted responsibility early on, was cooperative throughout
and prompted the guilty pleas of 2 defendants in this case.
For all of the foregoing reasons, the government respectfully
requests this Court to allow the government’s motion for a downward
departure and to adopt the recommended sentence.
Respectfully submitted,
MICHAEL J. SULLIVAN
UNITED STATES ATTORNEY
District of Massachusetts
By:
/s/ Carmen M. Ortiz
CARMEN M. ORTIZ
Assistant U.S. Attorney
Date: November 14,
Page 4 Case 1:05-cr-10082-WGY
Document
Filed 11/14/
Page 4 of
Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?