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United States v. Weikert

United States District Court, E.D. Washington

December 18, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
FREDRICK WEIKERT, JR., Defendant.

          Joseph H. Harrington Acting United States Attorney Eastern District of Washington

          David M. Herzog Assistant United States Attorney

          PRETRIAL DIVERSION AGREEMENT

          HON. ROSANNA MALOUF PETERGSON, UNITED STATES DISTRICT JUDGE.

         Plaintiff 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:

         I. Overview I

         1. In 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.

         2. The 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 "Agreement").

         3. 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.

         4. This Agreement is not intended-and shall not be construed-as a liability admission by any party.

         5. The 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).

         6. This Agreement is operative only if it is signed by the parties and approved by the Court on or before December 18, 2017.

         II. Terms of the Agreement

         Defendant agrees to the following terms:

         1. 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 Court). ...


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