United States District Court, E.D. Washington
H. Harrington Acting United States Attorney Eastern District
M. Herzog Assistant United States Attorney
PRETRIAL DIVERSION AGREEMENT
ROSANNA MALOUF PETERGSON, UNITED STATES DISTRICT JUDGE.
United States of America, by and through Joseph H.
Harrington, Acting United States Attorney for the Eastern
District of Washington, and David M. Herzog, Assistant United
States Attorney for the Eastern District of Washington, and
Defendant Fredrick Weikert, Jr. ("Defendant"), both
individually and by and through Bryan Whitaker, defense
counsel, agree to the following Pretrial Diversion Agreement:
an Indictment filed on July 25, 2017, the United States
charged Defendant with four counts of substantive bank fraud,
in violation of 18 U.S.C. § 1344, and one count of
conspiracy to commit bank fraud, in violation of 18 U.S.C.
§ 1349. Defendant is charged with engaging in a series
of fraudulent acts in August 2016 that resulted in an actual
loss of $2, 778 to several banks.
United States has had an opportunity to investigate
Defendant's background and circumstances and, in the
interest of justice, agrees to resolve this matter by way of
this Pretrial Diversion Agreement (the
United States and Defendant agree that federal prosecution
against Defendant in the Eastern District of Washington for
the offenses alleged in the Indictment, and for charges
arising out of the same conduct charged in the Indictment,
shall be deferred for 24 months. This 24-month period begins
on the date this Agreement is signed by both the parties and
accepted by the Court.
Agreement is not intended-and shall not be construed-as a
liability admission by any party.
parties agree that the Court will maintain jurisdiction over
this matter and that the Court shall be the final arbiter on
1) whether a party has breached this Agreement and, if so, 2)
the appropriate remedy, which may include either terminating
the Agreement or modifying its terms. A modification may
include extending the Agreement's 24-month period by an
additional twelve (12) months (for a maximum of 36 months).
Agreement is operative only if it is signed by the parties
and approved by the Court on or before December 18, 2017.
Terms of the Agreement
agrees to the following terms:
Supervision. Defendant agrees to be
supervised by the United States Probation Office during this
24-month period (or longer, if the period is extended by the