1. H i E A AGWmLNT
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WITH PRUDENCIO LEMAGNE
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This Office and Prudencio Lemagne agree to stipulate at
sentencing to the statements set forth below, subject to the
conditions in the attached plea agreement.
1. The defendant, on behalf of the Chief and other officers
of the Police Department for the Town of West New York, solicited
and accepted money payments from the owner/operators of illegal
gambling businesses, from the owner/operator of a prostitution
business and from the owner/operator of businesses that sold
alcohol illegally after curfew hours to influence the performance
of, and the failure to perform, his police duties.
Accordingly,
Section 2cl.l is the applicable guideline. &g U . S . S . G .
2El.l(a) (2).
2. The Offense involved more than one payment.
Accordingly, a two-point adjustment to the Báse Offense Level is
appropriate. S.ge U.S.S.G. 5 2C1.1 (b)(1).
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3.
The defendant's co-conspirator, Alexander V. Oriente,
in his position as Chief of the WNYPD, held a high level decision
making and sensitive position.
U.S.S.G. § 2Cl.l(b) ( 2 ) (B).
That section provides an eight point adjustment. That
adjustment, however, is not applicable in this case because it is
not greater than the adjustment applied pursuant to U.S.S.G. 5
2Cl.l(b)(2)(A) as set forth in 9 4. See U.S.S.G. 5 2Cl.l(b)(2).
4.
The Offense also involved benefits generated by the
defendant's co-conspirators during the course of the offense
charged in Count Two in return for the payments to the defendant
and to his WNYPD co-conspirators in amounts totaling
approximately more than $800,000.00, but less than $1,500,000.00.
That amount was equal to or greater than the total amount of
bribe money paid to the defendant and his co-conspirators in
connection with this offense, and was also greater than any
identified pecuniary loss to the government that resulted from
the offense. Accordingly, an eleven-point adjustment to the BaseOffense Level is appropriate. & U.S.S.G. § § 2Cl.l(b)(2)(A) and
2Fl.i(b) (1)(L).
5.
The defendant was a manager and supervisor of the
criminal activity named in the offense, which activity involved
more than five participants and was otherwise extensive.
Accordingly, a three-point adjustment to the Base Offense Level
is appropriate. S e e U.S.S.G. 5 3Bl.l(a).
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6. The applicable guideline for the tax offense charged in
Count 61 of the Indictment is U.S.S.G. s 2Tl.l. &g U.S.S.G. 5
2T1.9(a)(l).
That section directs the application of U.S.S.G. 5
2T1.1.
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7.
Pursuant to the 1997 provisions governing relevant
conduct, the "tax loss," as defined under the guidelines, is an
amount more than $13,500.00, but less than $23,500.00.
Accordingly, the applicable offense level is 11. See U . S . S . G .
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1B1.3; ST4.1(F).
8.
As of the date of this agreement, Prudencio Lemagne
has clearly demonstrated a recognition and affirmative acceptance
of personal responsibility for the offenses charged. If the
defendant continues to accept responsibiiity through the time of
sentencing, then a decrease of 2 base offense levels would be
appropriate. &=g U . S . S . G . 5 3El.l (a).
9.
As of the date of this agreement, Prudencio Lemagne has
timely notified authorities of his intention to enter a plea of
guilty, thereby permitting the government to avoid preparing for
trial and permitting the court to allocate its resources
efficiently. Therefore, unless Prudencio Lernagne indicates an
intention not to enter a plea of guilty, thereby forcing the
government to prepare for trial, a downward adjustment of one
additional level is appropriate.
U.S.S.G.
Lj 3 E l . l ( b ) ( S ) .
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