Sergey Chemezov’s partner, co-founder of Yota-Phone. Sergey Adonyev (Sergei or Serguei Adoniev) was charged of conspiracy to commit a crime accusation in the US and pleaded guilty. See more: Citizen cocaine. What connects billionaire Sergei Adonyev, cocaine smuggling and Putin (The Insider).
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Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 1 of 7 Page ID #:39
CENTRAL DISTRICT OF CALIFORi
CRIMINAL MINUTES – GENE!
UNITED STATES DISTRICT COURT
mm
Case N o :’ CR 96-977(A)-RAP
Date and F i l e d: March 19. 1998
PRESENT: HONORABLE RICHARD A. PAEZ, JUDGE
Nate S c o tt f or
C a r o l yn Trump
Deputy C l e rk
INTERPRETER:
Sandra B e c e r ra
Court R e p o r t er
Stephen Larson
A s s t. U. S. A t t o r n ey
U.S.A. vs ( D f ts l i s t ed below)
A t t o r n e ys f or Defendants
1)
S e r o u ei Adoniev
1)
Stephen London
X p r es _2L_custody
bond
X p r es
_apptd X r e t nd
PROCEEDINGS;
CHANGE OF PLEA
Defendant moves to change p l ea to t he I n d i c t m e n t,
ORDER M o t i on g r a n t e d.
X .Defendant sworn.
X .Defendant e n t e rs new and d i f f e r e nt p l ea of GUILTY to
C o u n t ( s) 1 t h r o u gh 8 of t he F i r st Superseding I n d i c t m e n t.
X _The Court q u e s t i o ns t he defendant r e g a r d i ng p l ea of GUILTY
and FINDS t h at a f a c t u al b a s is has been l a id and F u r t h er
FINDS t he p l ea is knowledgeable and v o l u n t a r i ly made. The
Court ORDERS t he p l e as a c c e p t ed and e n t e r e d.
j£ The Court r e f e rs t he defendant to t he P r o b a t i on O f f i ce f or
i n v e s t i g a t i on and r e p o rt and t he m a t t er is c o n t i n u ed to
June 18. 1998. at 1:30 p.m.
f or s e n t e n c i n g.
The Court F u r t h er ORDERS
Other
X
Plea agreement marked as e x h i b it 1. ( a t t a c h ed h e r e t o)
\
\
MINUTES FORM 6%. ‘
CRIM – GEN
I n i t i a ls of D e p u ty C l e r k,
Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 2 of 7 Page ID #:40
PLEA AGREEMENT
United States v. Serguei Adoniev
INTRODUCTORY PARAGRAPH
1.
This constitutes the plea agreement between you, SERGUEI ADONIEV, and the
United States Attomey’s Office for the Central District of California (“this Office”) in United
States v. Serguei Adoniev CR 96-977(A)-RAP. The terms of the agreement are as follows:
PLEA
2.
You agree to plead guilty to counts one through eight of the first superseding
indictment in the above-referenced case. Count one charges you with knowingly participating in a
conspiracy to commit wire fraud in violation of 18 U.S.C. §371, and counts two through eight
charge you with wire fraud in violation of 18 U.S.C. § 1343.
NATURE OF THE OFFENSE
3.
In order to be guilty of violating 18 U.S.C. §371, you must have knowingly
participated in a conspiracy, that is, an agreement between two or more persons to commit at
least one crime as charged in the indictment, and one of the members of the conspiracy must have
performed at least one overt act for the purpose of carrying out the conspiracy. In order to be
guilty of violating 18 U.S.C. § 1341, you must have knowingly participated in a scheme to
defraud, acted with the intent to defraud, and used or caused to be used interstate or foreign wire
communications in fiirtherance of the scheme to defraud. By signing this agreement, you admit
that you are, in fact, guilty of these offenses.
PENALTIES
4.
The statutory maximum sentences that the court can impose for each count of
conviction is five years incarceration; a three year period of supervised release; a fine of
$250,000.00; and a special assessment of $100.00.
5.
If you are placed on supervised release following imprisonment and you violate
one or more of the conditions of supervised release, you may be returned to prison for all or part
of the term of supervised release, which could result in your serving a total term of imprisonment
greater than the statutory maximum stated above. The Court can also order you to pay the costs
of your imprisonment.
6.
You agree to pay a fine of $60,000 to the United States and restitution in the
amount of $1,000,000 to the government of Kazakhstan (payable to the United States). You
further agree to provide cashier’s checks for your fine, restitution, and special assessments (which
Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 3 of 7 Page ID #:41
total $800) to this Office no later than three weeks before the time of your sentencing. Your –
failure to pay your fine, restitution, and special assessment three weeks before the time of
sentencing shall constitute a material breach of this plea agreement, and shall release the
government of all its obligations and representations under this agreement.
FACTUAL BASIS
7.
You and this Office agree and stipulate to the statement of facts attached hereto
and incorporated herein.
SENTENCING FACTORS
8.
guideline factors:
You and this Office agree and stipulate to the following applicable sentencing
Base Offense Level
Loss
More than minimal
planning
Judicial Deportation
Acceptance of
Responsibility
6
14
2
-2
-3
[U.S.S.G. § 2Fl.l(a)]
[U.S.S.G. § 2Fl.l(b)(l)(0)]
[U.S.S.G. § 2F 1.1 (b)(2)]
[U.S.S.G. § 3E1.1]
:
17
Total Offense Level
The government stipulates to a downward adjustment for voluntary deportation and acceptance of
responsibility only if the conditions set forth in paragraph 11(c) are met. If defendant’s criminal
history category is Level I, the parties agree that the applicable sentencing range is 24 to 30
months, and that defendant should be sentenced to the high end of that range, namely, 30 months
incarceration. The parties agree that no additional specific offense characteristics, departures or
adjustments apply.
9.
history category.
You understand that there is no agreement as to your criminal history or criminal
10. You understand and agree that neither the United States Probation Office nor the
Court is bound by the stipulations referenced in this agreement and that the Court will, with the
aid of the presentence report, determine the facts and calculations relevant to sentencing. You
further understand that both you and this Office are free to supplement these stipulated facts by
Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 4 of 7 Page ID #:42
#
supplying relevant information to the United States Probation Office, and this Office specifically
reserves its right to correct any and all factual misstatements relating to the calculation of your
sentence. You understand that the Court cannot rely exclusively upon the parties’ stipulation in
ascertaining the factors relevant to the determination of your sentence. Rather, in determining the
factual basis for the sentence, the Court will consider the stipulation, together with the resuhs of
the presentence investigation, and any other relevant information. You understand that if the
Court ascertains factors different from those contained in the stipulation, you cannot, for that
reason alone, withdraw your guilty plea. You further agree that in the event the court’s
sentencing calculations are different than those set forth in paragraph eight above, the parties
retain the right to defend the district court’s decision on appeal and collateral review.
CONSIDERATION BY OFFICE
11.
In exchange for your guilty plea and your complete fulfillment of all of your
obligations under this agreement, this Office agrees:
(a) At the time of sentencing this Office will move to dismiss the remaining counts of the
indictment as against you.
(b) To stipulate that you be released on bail pending imposition of sentence provided that
you pay the resitution, fine and special assessments set forth above (totalling $1,060,800) and you
post a $50,000 appearance bond.
(c) To recommend a three-level reduction in the applicable sentencing guideline offense
level, pursuant to sentencing guideline 3E1.1, if you demonstrate an acceptance of responsibility
for this offense by virtue of your conduct up to and including the time of sentencing.
Notwithstanding the above, this Office v^ll not recommend any adjustment for acceptance of
responsibility if you: (1) Fail to admit a complete factual basis for the plea at the time it is
entered; (2) deny involvement in the offense, give conflicting statements about that involvement,
or are untruthful with the Court or probation officer; (3) fail to appear in court; (4) engage in
additional criminal conduct; or (5) attempt to withdraw your guilty plea.
WAIVER OF CONSTITUTIONAL RIGHTS
12. You understand that by pleading guilty, you will be giving up the following
Constitutional rights: You have the right to plead not guilty and the right to be tried by a jury or a
court if you waive your right to a jury trial. At a trial, you would have the right to the assistance
of counsel and if you could not afford an attorney, the Court would appoint one to represent you.
During the trial, you would be presumed innocent and a jury would be instructed that the burden
of proof is on the government to prove you guilty beyond a reasonable doubt. You would have
the right to confront and cross-examine witnesses against you. If you wish, you could testify on
your own behalf and present evidence in your defense. On the other hand, if you did not wish to
testify or present evidence, that fact could not be used against you and a jury would be so
Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 5 of 7 Page ID #:43
instructed. You would also have the right to call witnesses on your behalf By pleading guilty,-
you will be giving up all of these rights. By pleading guilty, you further understand that you will
be waiving any and all rights to pursue any applicable affirmative defenses, any Fourth
Amendment or Fifth Amendment claims, and any other actual or potential pretrial motions
previously filed or to be filed. Finally, by pleading guilty, you understand that you may have to
answer questions posed to you by the Court both about the rights that you will be giving up and
about the facts of this case. Any statements made by you during such a hearing could be used
against you in a criminal prosecution for perjury or false statements.
WAIVER OF APPEAL
13.
You understand that Title 18, United States Code, Section 3742 gives you the
right to appeal the sentence imposed by the Court. Acknowledging this, you knowingly and
voluntarily waive your right to appeal any sentence imposed by the Court and the manner in which
the sentence is determined so long as your sentence is within the sentencing range stipulated to by
the parties in paragraph eight.
14.
This agreement does not affect in any way the right of this Office, under Section
3742, to appeal the sentence imposed by the Court.
PARTIES TO AGREEMENT
15.
You understand that the Court is not a party to this agreement and the Court is
under no obligation to accept this Office’s recommendation regarding the sentence to be imposed.
Further, even if the Court disregards this Office’s recommendation and/or imposes any sentence
up to the maximum established by statute, you cannot, for that reason, withdraw your guilty plea,
and will remain bound to fulfill all of your obligations under this agreement. You understand that
neither the prosecutor, your attorney, nor the Court can make a binding prediction or promise
regarding the sentence you will receive.
16. This agreement is limited to this Office and cannot bind any other federal, state or
local prosecuting, administrative or regulatory authorities. This agreement applies only to
criminal violations relating to you. This agreement does not apply to any forfeiture proceedings,
judicial, administrative, or otherwise, and shall not preclude any past, present, or future forfeiture
actions.
NO ADDITIONAL AGREEMENTS
17. Except as expressly set forth herein, there are no additional promises, understandings
or agreements between the government and you or your counsel concerning any other criminal
prosecution, civil litigation or administrative proceeding relating to any other federal, state or
local charges that may now be pending or hereafter be brought against you, or the sentence that
might be imposed as a result of your guilty plea pursuant to this Agreement. Nor may any
Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 6 of 7 Page ID #:44
additional agreement, understanding or condition be entered into unless in writing and signed by
all parties.
18. This agreement is not contingent in any way upon the outcome of any investigation,
proceeding, motions hearing or subsequent trial.
If a fiilly executed copy of this agreement is not returned to me by March 12, 1998, it will
be automatically vathdrawn and thereafter of no legal effect or force.
This agreement shall be effective upon execution by you and this Office.
AGREED AND ACCEPTED
UNITED STATES ATTORNEYS OFFICE
FOR THE CENTRAL DISTRICT OF CALIFORNIA
NORA M. MANELLA
United Statai Attorney
STEPHEN G. LARSON
Assistant United States Attorney
I have read this agreement and have carefully reviewed every part of it with my attorney.
I understand the terms of this agreement, and I voluntarily agree to each of the terms. Before
signing this agreement, I consuhed with my attorney. My attorney fully advised me of my rights,
of possible defenses, of the Sentencing Guideline provisions, and of the consequences of entering
into this agreement. No other promises or inducements have been made to me, other than those
contained in this agreement. Furthermore, no one has threatened or forced me in any way to
enter into this agreement. Finally, I am satisfied with the representation of my attorney in this
matter.
Date
i
SERCiym ADONIEV
I am SERGUEI ADONIEVs attorney. I have carefiiUy reviewed every part of this
agreement with my client. Further, I have fully advised my client of his rights, of possible
defenses, of the Sentencing Guideline 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
STEPHEN LONDON, Esq.
Counsel for Defendant
Case 2:96-cr-00977-RAP Document 47 Filed 03/19/98 Page 7 of 7 Page ID #:45
•
FACTUAL STIPULATION
On or before July 13, 1993, and continuing to on or after October 26, 1993, in Los
Angeles County, within the Central District of California, and elsewhere, defendant SERGUEI
ADONIEV and others willfully and knowingly combined, conspired, confederated and agreed to
commit wire fraud by knowingly devising and participating in a scheme to defraud and to obtain
money by means of false and fraudulent pretenses and representations and causing wire
communications in interstate and foreign commerce to be used in execution of this scheme, all in
violation of Title 18, United States Code, Section 1343.
In order to achieve the objects of the conspiracy, between about July 13, 1993, and about
October 26, 1993, defendant ADONIEV and unindicted co-conspirator Popov, and others,
travelled to Kazakhstan on several occasions to negotiate a contract to deliver sugar with the
government of Kazakhstan and the International Center. Under the terms of the contract finalized
in August, 1993, MCW agreed to sell 25,000 tons of Cuban sugar to Kazakhstan for
approximately $6.7 million in United States currency. Under the agreement, the government of
Kazakhstan would loan the money to purchase the 25,000 tons of Cuban sugar to the
International Center, which would in turn send the money in installments by way of bank wire
transfers from Kazakhstan to the MCW bank account at Wells Fargo Bank, 9600 Santa Monica
Boulevard, Beverly Hills, California (account 0645-022278) (“MCW Wells Fargo Bank
account”). However, as defendant ADONIEV and his co-conspirators well knew when they
contemplated, negotiated and entered the contract, MCW was not in the business of selling sugar,
and, furthermore, did not have the legal, financial, or practical ability to obtain 25,000 tons of
Cuban sugar under the terms of the agreement, which at prevailing market rates would have been
well in excess of $9,500,000.00, and which they never intended to deliver.
Having negotiated the fraudulent contract, defendant ADONIEV and his co-conspirators,
between September 8, 1993, and October, 30, 1993, caused wire transfers totalling approximately
$4,040,780.00 in United States currency to be transferred in interstate and foreign commerce
from Kazakhstan to Wells Fargo Bank, Beverly Hills, California, which money was not used to
buy and deliver 25,000 tons of Cuban sugar as required by the contract.