NIALL E. LYNCH (CSBN 157959)
NATHANAEL M. COUSINS (CSBN 177944)
MAY Y. LEE (CSBN 209366)
BRIGID S. BIERMANN (CSBN 231705)
U.S. Department of Justice
Antitrust Division
450 Golden Gate Avenue
Room 10-0101, Box 36046
San Francisco, CA 94102
Telephone: (415) 436-6660
Attorneys for the United States
|
Filed March 15, 2006
|
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CHAE KYUN CHUNG,
Defendant.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case No. CR 06-0126 PJH
PLEA AGREEMENT
|
PLEA AGREEMENT
The United States of America and Chae Kyun Chung ("Defendant")
hereby enter into the following Plea Agreement pursuant to Rule
11(c)(1)(C) of the Federal Rules of Criminal Procedure ("Fed. R.
Crim. P."):
RIGHTS OF DEFENDANT
1. Defendant understands that he has the right:
- to be represented by an attorney;
- to be charged by Indictment;
- to plead not guilty to any criminal charge brought against
him;
- as a citizen and resident of the Republic of Korea ("Korea"),
to decline to accept service of the Summons in this case, and to
contest the jurisdiction of the United States to prosecute this
case against him in the United States District Court for the Northern
District of California;
- to have a trial by jury, at which he would be presumed not guilty
of the charge and the United States would have to prove every essential
element of the charged offense beyond a reasonable doubt for him to
be found guilty;
- to confront and cross-examine witnesses against him and to subpoena
witnesses in his defense at trial;
- not to be compelled to incriminate himself;
- to appeal his conviction; and
- to appeal the imposition of sentence against him.
AGREEMENT TO PLEAD GUILTY
AND WAIVE CERTAIN RIGHTS
2. Defendant knowingly and voluntarily waives the rights set out
in Paragraph 1(b)-(h) above, including all jurisdictional defenses
to the prosecution of this case, and agrees voluntarily to consent
to the jurisdiction of the United States to prosecute this case
against him in the United States District Court for the Northern
District of California. Defendant also knowingly and voluntarily
waives the right to file any appeal, any collateral attack, or any
other writ or motion, including but not limited to an appeal under
18 U.S.C. § 3742 or a motion under 28 U.S.C. § 2241 or
2255 that challenges the sentence imposed by the Court, if that
sentence is consistent with or below the recommended sentence in
Paragraph 8 of this Plea Agreement, regardless of how the sentence
is determined by the Court. This agreement does not affect the rights
or obligations of the United States as set forth in 18 U.S.C. §
3742(b)-(c). Nothing in this paragraph, however, shall act as a
bar to the Defendant perfecting any legal remedies he may otherwise
have on appeal or collateral attack respecting claims of ineffective
assistance of counsel. Further, pursuant to Fed. R. Crim. P. 7(b),
Defendant will waive Indictment and plead guilty at arraignment
to a one-count Information to be filed in the United States District
Court for the Northern District of California. The Information will
charge that beginning on or about April 1, 1999, and continuing
until on or about June 15, 2002, Hynix Semiconductor Inc. ("Hynix")
and co-conspirators participated in a conspiracy in the United States
and elsewhere to suppress and eliminate competition by fixing the
price of dynamic random access memory ("DRAM") to
be sold to certain original equipment manufacturers of personal
computers and servers ("OEMs"), in violation of the Sherman Antitrust
Act, 15 U.S.C. § 1. The Information will further charge that
Defendant, an employee of Hynix, joined and participated in the
charged conspiracy from on or about April 1, 2001, until on or about
June 15, 2002.
3. Defendant, pursuant to the terms of this Plea Agreement, will
plead guilty to the criminal charge described in Paragraph 2 above
and will make a factual admission of guilt to the Court in accordance
with Fed. R. Crim. P. 11, as set forth in Paragraph 4 below.
FACTUAL BASIS FOR OFFENSE CHARGED
4. Had this case gone to trial, the United States would have presented
evidence to prove the following facts:
- For purposes of this Plea Agreement, the "relevant period"
is that period from on or about April 1, 2001, to on or about June
15, 2002. Hynix is an entity organized and existing under the laws
of Korea, with its principal place of business in Korea. During
the relevant period, Defendant was employed by Hynix as the Director,
Global Strategic Account Sales for Memory Products.
- DRAM is the most commonly used semiconductor memory product.
DRAM provides high-speed storage and retrieval of electronic information
in personal computers, servers, and other devices.
- In the course of his employment during the relevant period,
Defendant was engaged in the sale of DRAM in the United States.
Among other responsibilities, Defendant recommended to his superiors
and other employees at Hynix the prices for the sale of DRAM to
be sold to certain OEMs in the United States.
- During the relevant period, Defendant participated in a pre-existing
conspiracy, as described below, in the United States and elsewhere
among certain DRAM producers and their officers and employees, the
primary purpose of which was to raise the price of DRAM sold to
certain OEMs. The conspiracy directly affected these OEMs in the
United States: Dell Inc., Hewlett-Packard Company, Compaq Computer
Corporation, International Business Machines Corporation, Apple
Computer Inc., and Gateway, Inc. Defendant participated in the conspiracy
by engaging in communications with representatives of other DRAM
producers and sellers, during which information on pricing was exchanged
between competitors with the effect of influencing the price of
DRAM sold to certain OEMs. Also during these communications understandings
were reached, the effect of which was to stabilize and raise the
price of DRAM sold to certain OEMs. Defendant also participated
in the conspiracy by reporting pricing information to his superiors
with the knowledge that minimum pricing floors for the sale of DRAM
to certain OEMs in the United States would be set based on pricing
information obtained by him and other Hynix employees in communications
with competitors.
- In addition, during the relevant period Defendant was aware
of the existence of the conspiracy among the employees of Hynix,
and he knowingly consented to the participation of one or more of
his subordinate employees in that conspiracy.
- During the relevant period, DRAM sold by one or more of the
conspirators, equipment and supplies necessary to the production
and distribution of DRAM, and payments for DRAM, traveled in interstate
and foreign commerce. The business activities of Defendant and his
co-conspirators in connection with the production and sale of DRAM
affected by this conspiracy were within the flow of, and substantially
affected, interstate and foreign trade and commerce.
- Acts in furtherance of this conspiracy were carried out within
the Northern District of California. Furthermore, DRAM affected
by this conspiracy was sold by one or more of the conspirators to
customers in this District.
POSSIBLE MAXIMUM SENTENCE
5. Defendant understands that the statutory maximum penalty which
may be imposed against him upon conviction for a violation of Section
One of the Sherman Antitrust Act is:
- a term of imprisonment for three (3) years (15 U.S.C. §
1);
- a fine in an amount equal to the greatest of (1) $350,000,
(2) twice the gross pecuniary gain the conspirators derived from
the crime, or (3) twice the gross pecuniary loss caused to the victims
of the crime by the conspirators (15 U.S.C. § 1; 18 U.S.C.
§ 3571(b) and (d)); and
- a term of supervised release of one (1) year following any term
of imprisonment. If Defendant violates any condition of supervised release,
Defendant could be imprisoned for the entire term of supervised release
(18 U.S.C. § 3559(a)(5); 18 U.S.C. § 3583(b)(3) and (e)(3);
and United States Sentencing Guideline ("U.S.S.G." or "Guidelines")
§ 5D1.2(a)(3)).
6. In addition, Defendant understands that:
- pursuant to U.S.S.G. § 5E1.1 and 18 U.S.C. §
3583(d), this Court may order him to pay restitution to the victims
of the offense; and
- pursuant to 18 U.S.C. § 3013(a)(2)(A) and U.S.S.G. § 5E1.3,
this Court is required to order Defendant to pay a $100.00 special assessment
upon conviction for the charged crime.
SENTENCING GUIDELINES
7. Defendant understands that the Sentencing Guidelines are advisory,
not mandatory, but that the Court must consider the Guidelines,
along with the other factors set forth in 18 U.S.C. § 3553(a),
in determining and imposing sentence. Defendant understands that
the Guidelines determinations will be made by the Court by a preponderance
of the evidence standard. Defendant understands that although the
Court is not ultimately bound to impose a sentence within the applicable
Guidelines range, its sentence must be reasonable based upon consideration
of all relevant sentencing factors set forth in 18 U.S.C. §
3553(a). Pursuant to U.S.S.G. § 1B1.8, the United States agrees
that self-incriminating information that Defendant provides to the
United States pursuant to this Plea Agreement will not be used to
increase the volume of affected commerce attributable to Defendant
or in determining the Defendant's applicable Guidelines range, except
to the extent provided in U.S.S.G. § 1B1.8(b). Defendant and
the United States agree that the Court should consider the Guidelines
in effect at the time of the offense, June 15, 2002, rather than
at the time of sentencing, in accordance with U.S.S.G. § 1B1.11(b).
The United States and Defendant agree that the Guidelines may be
applied and, if applied, the applicable sentencing guidelines is
U.S.S.G. § 2R1.1 with a base level of 10, a volume of commerce
adjustment of plus 7 pursuant to U.S.S.G. § 2R1.1(b)(2)(G);
a role in the offense adjustment of plus 3 pursuant to U.S.S.G.
§ 3B1.1, for a sub-total of 20; less a 3-level adjustment for
acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a)
and (b), for a total offense level of 17. Further, the United States
agrees to make a motion for downward departure pursuant to Paragraph
10 herein and U.S.S.G. § 5K1.1, recommending that Defendant
be sentenced to the recommended sentence agreed to below.
SENTENCING AGREEMENT
8. - Pursuant to Fed. R. Crim. P. 11(c)(1)(C), the United States
and Defendant agree that the appropriate disposition of this case
is, and agree to recommend jointly that the Court impose, a sentence
requiring that Defendant pay to the United States a criminal fine
of $250,000, payable in full before the fifteenth (15th)
day after the date of judgment; a period of incarceration of seven
months; no order of restitution; and no period of supervised release
("the recommended sentence"). Defendant understands that this Court
will order him to pay a $100 special assessment pursuant to 18 U.S.C.
§ 3013(a)(2)(A) in addition to any fine imposed. The parties
agree that there exists no aggravating or mitigating circumstance
of a kind, or to a degree, not adequately taken into consideration
by the U.S. Sentencing Commission in formulating the Sentencing
Guidelines justifying a departure pursuant to U.S.S.G. § 5K2.0.
The parties agree not to seek or support any sentence outside of
the Guidelines range nor any Guidelines adjustment for any reason
that is not set forth in this Plea Agreement. The parties further
agree that the recommended sentence set forth in this Plea Agreement
is reasonable.
- The United States will not object to Defendant's request that
the Court make a recommendation to the Bureau of Prisons that the
Bureau of Prisons designate that Defendant be assigned to a Federal
Minimum Security Camp (and specifically to the Lompoc Prison Camp
in Lompoc, California) to serve his sentence of imprisonment and
that Defendant be released on his own personal recognizance following
the imposition of sentence to allow him to self-surrender to the
designated institution on a specified date.
9. The United States and Defendant agree that, pursuant to U.S.S.G.
§ 5E1.1(b), Defendant should not be ordered to pay restitution
in light of the civil cases filed against Hynix, Defendant's employer,
including In re DRAM Antitrust Litigation, No. M-02-1486-PJH,
MDL No. 1486, consolidated in the United States District Court,
Northern District of California, which potentially provide for a
recovery of a multiple of actual damages.
10. The United States and Defendant agree that the applicable
Guidelines fine and incarceration ranges exceed the fine and term
of imprisonment contained in the recommended sentence set out in
Paragraph 8 above. Subject to the full and continuing cooperation
of Defendant, as described in Paragraph 13 of this Plea Agreement,
and prior to sentencing in this case, the United States agrees that
it will make a motion, pursuant to U.S.S.G. § 5K1.1, for
a downward departure from the Guidelines fine and incarceration
ranges in this case. The motion for downward departure is based
on cooperation that has already occurred and any additional cooperation
that may occur prior to sentencing. Furthermore, the United States
will request that this Court impose the fine and term of imprisonment
contained in the recommended sentence set out in Paragraph 8 of
this Plea Agreement because of Defendant's substantial assistance
in the government's investigation and prosecutions of violations
of federal criminal law in the DRAM industry.
11. The United States and Defendant jointly submit that this Plea
Agreement and the record that will be created by the United States
and Defendant at the plea and sentencing hearing will provide sufficient
information concerning Defendant, the offense charged in this case,
and Defendant's role in the offense to enable the meaningful exercise
of sentencing authority by this Court under 18 U.S.C. § 3553.
The United States will not object to Defendant's request that this
Court accept Defendant's plea of guilty and impose sentence on an
expedited schedule as early as the date of arraignment, based upon
the record provided by Defendant and the United States, under the
provisions of Rule 32(b)(1), Fed. R. Crim. P., U.S.S.G. § 6A1.1,
and Criminal Local Rule 32-1(b). The Court's denial of the request
to impose sentence on an expedited schedule will not void this Plea
Agreement. Should the Court deny Defendant's request to impose sentence
on an expedited schedule, the United States agrees that, at the
initial appearance or arraignment, it will recommend the release
of Defendant on his personal recognizance and without bond, under
18 U.S.C. § 3142, without restriction as to travel, pending
the sentencing hearing in this case.
12. The United States and Defendant understand that this Court
retains complete discretion to accept or reject the recommended
sentence provided for in Paragraph 8 of this Plea Agreement.
- If this Court does not accept the recommended sentence, the
United States and Defendant agree that this Plea Agreement, except
for Paragraph 12(b) below, shall be rendered void. Neither party
may withdraw from this Plea Agreement, however, based on the type
or location of the correctional facility to which Defendant is assigned
to serve his sentence.
- If this Court does not accept the recommended sentence, Defendant
will be free to withdraw his guilty plea (Fed. R. Crim. P. 11(c)(5)
and (d)). If Defendant withdraws his plea of guilty, this Plea Agreement,
the guilty plea, and any statement made in the course of any proceedings
under Fed. R. Crim. P. 11 regarding the guilty plea or this Plea
Agreement or made in the course of plea discussions with an attorney
for the government shall not be admissible against Defendant in
any criminal or civil proceeding, except as otherwise provided in
Fed. R. Evid. 410. In addition, should the Court not accept the
Plea Agreement and should Defendant then withdraw his guilty plea,
the United States agrees that it will dismiss the Information, without
prejudice to the United States' right to indict Defendant on the
charge contained in the Information and any other related charges.
In addition, Defendant agrees that, if he withdraws his guilty plea
pursuant to this subparagraph of the Plea Agreement, the statute
of limitations period for any Relevant Offense, as defined in Paragraph
13 below, will be tolled for the period between the date of the
signing of the Plea Agreement and the date Defendant withdrew his
guilty plea or for a period of sixty (60) days after the date of
the signing of the Plea Agreement, whichever is greater.
For a period of three (3) consecutive days following such
a withdrawal of the guilty plea under this subparagraph, the United
States shall take no action, based upon either a Relevant Offense
or any actual or alleged violation of the Plea Agreement, to revoke
Defendant's release on his personal recognizance, to subject Defendant
to service of process, arrest, or detention, or to prevent Defendant
from departing the United States.
DEFENDANT'S COOPERATION
13. Defendant will cooperate fully and truthfully with the United
States in the prosecution of this case, the current federal investigation
of violations of federal antitrust and related criminal laws involving
the manufacture or sale of DRAM, any other federal investigation
resulting therefrom, and any litigation or other proceedings arising
or resulting from any such investigation to which the United States
is a party ("Federal Proceeding"). The ongoing, full, and truthful
cooperation of Defendant shall include, but not be limited to:
- producing in the United States and at other mutually agreed- upon
locations all non-privileged documents, including claimed personal documents,
and other non-privileged materials, wherever located, in the possession,
custody, or control of Defendant, requested by attorneys and agents
of the United States;
- making himself available for interviews in the United States and
at other mutually agreed-upon locations, not at the expense of the United
States, upon the request of attorneys and agents of the United States;
- responding fully and truthfully to all inquiries of the United
States in connection with any Federal Proceeding, without falsely implicating
any person or intentionally withholding any non-privileged information,
subject to the penalties of making false statements (18 U.S.C. §
1001) and obstruction of justice (18 U.S.C. § 1503);
- otherwise voluntarily providing the United States with any
non-privileged material or information, not requested in (a) - (c)
of this paragraph, that he may have that is related to any Federal
Proceeding; and
- when called upon to do so by the United States in connection with
any Federal Proceeding, testifying in grand jury, trial, and other judicial
proceedings in the United States, fully, truthfully, and under oath,
subject to the penalties of perjury (18 U.S.C. § 1621), making
false statements or declarations in grand jury or court proceedings
(18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401 - 402),
and obstruction of justice (18 U.S.C. § 1503).
GOVERNMENT'S AGREEMENT
14. Subject to the full, truthful, and continuing cooperation
of Defendant, as described in Paragraph 13 of this Plea Agreement,
and upon the Court's acceptance of the guilty plea called for by
this Plea Agreement and the imposition of the recommended sentence,
the United States will not bring further criminal charges against
Defendant for any act or offense committed before the date of this
Plea Agreement that was undertaken in furtherance of an antitrust
conspiracy involving the manufacture or sale of DRAM or undertaken
in connection with any investigation of such a conspiracy ("Relevant
Offense"). The nonprosecution terms of this paragraph do not apply
to civil matters of any kind, to any violation of the federal tax
or securities laws, or to any crime of violence.
15. The United States agrees that when Defendant travels to the
United States for interviews, grand jury appearances, or court appearances
pursuant to this Plea Agreement, or for meetings with counsel in
preparation therefor, the United States will take no action, based
upon any Relevant Offense, to subject Defendant to arrest, detention,
or service of process, or to prevent Defendant from departing the
United States. This paragraph does not apply to Defendant's commission
of perjury (18 U.S.C. § 1621), making false statements (18
U.S.C. § 1001), making false statements or declarations in
grand jury or court proceedings (18 U.S.C. § 1623), obstruction
of justice (18 U.S.C. § 1503), or contempt (18 U.S.C. §§
401 - 402) in connection with any testimony or information provided
or requested in any Federal Proceeding.
16. - Subject to the full and continuing cooperation of the Defendant,
as described in Paragraph 13 of this Plea Agreement, and upon the Court's
acceptance of the Defendant's guilty plea and imposition of sentence
in this case, the United States agrees not to seek to remove the Defendant
from the United States under Sections 238 and 240 of the Immigration
and Nationality Act, 8 U.S.C. §§ 1228 and 1229a, based upon
the Defendant's guilty plea and conviction in this case, should the
Defendant apply for or obtain admission to the United States as a nonimmigrant
(hereinafter referred to as the "agreement not to seek to remove the
Defendant"). The agreement not to seek to remove the Defendant is the
equivalent of an agreement not to exclude the Defendant from admission
to the United States as a nonimmigrant or to deport the Defendant from
the United States. (Immigration and Nationality Act § 240(e)(2),
8 U.S.C. § 1229a(e)(2)).
- The Antitrust Division of the United States Department of
Justice has consulted with United States Immigration and Customs
Enforcement ("ICE") on behalf of the United States Department of
Homeland Security ("DHS"). ICE, on behalf of DHS and in consultation
with the United States Department of State, has agreed to the inclusion
in this Plea Agreement of this agreement not to seek to remove the
Defendant. The Secretary of DHS has delegated to ICE the authority
to enter this agreement on behalf of DHS.
- So that the Defendant will be able to obtain any nonimmigrant
visa that he may need to travel to the United States, DHS and the Visa
Office, United States Department of State, have concurred in the granting
of a nonimmigrant waiver of the Defendant's inadmissibility. This waiver
will remain in effect so long as this agreement not to seek to remove
the Defendant remains in effect. While the waiver remains in effect,
the Department of State will not deny the Defendant's application for
a nonimmigrant visa on the basis of the Defendant's guilty plea and
conviction in this case, and DHS will not deny his application for admission
as a nonimmigrant on the basis of his guilty plea and conviction in
this case.
- This agreement not to seek to remove the Defendant will remain
in effect so long as the Defendant:
- acts and has acted consistently with his cooperation obligations
under this Plea Agreement;
- is not convicted of any felony under the laws of the United States
or any state, other than the conviction resulting from the Defendant's
guilty plea under this Plea Agreement or any conviction under the laws
of any state resulting from conduct constituting an offense subject
to this Plea Agreement; and
- does not engage in any other conduct that would warrant his
removal from the United States under the Immigration and Nationality
Act.
The Defendant understands that should the Antitrust Division become
aware that the Defendant has violated any of these conditions, the
Antitrust Division will notify DHS. DHS will then determine, in
consultation with the Antitrust Division, whether to rescind this
agreement not to seek to remove the Defendant.
- The Defendant agrees to notify the Assistant Attorney General
of the Antitrust Division should the Defendant be convicted of
any other felony under the laws of the United States or of any state.
- Should the United States rescind this agreement not to seek
to remove the
Defendant because of the Defendant's violation of a condition of
this Plea Agreement, the Defendant irrevocably waives his right
to contest his removal from the United States
under the Immigration and Nationality Act on the basis of his guilty
plea and conviction
in this case, but retains his right to notice of removal proceedings.
17. Defendant understands that he may be subject to administrative
action by federal, state or foreign agencies other than the United
States Department of Justice, Antitrust Division, based upon the
conviction resulting from this Plea Agreement, and that this Plea
Agreement in no way controls whatever action, if any, other agencies
may take. However, the United States agrees that, if requested,
it will advise the appropriate officials of any governmental agency
considering such administrative action of the fact, manner, and
extent of the cooperation of Defendant as a matter for that agency
to consider before determining what administrative action, if any,
to take.
REPRESENTATION BY COUNSEL
18. Defendant has reviewed all legal and factual aspects of this
case with his attorney and is fully satisfied with his attorney's
legal representation. Defendant has thoroughly reviewed this Plea
Agreement with his attorney and has received satisfactory explanations
from his attorney concerning each paragraph of this Plea Agreement
and alternatives available to Defendant other than entering into
this Plea Agreement. After conferring with his attorney and considering
all available alternatives, Defendant has made a knowing and voluntary
decision to enter into this Plea Agreement.
VOLUNTARY PLEA
19. Defendant's decision to enter into this Plea Agreement and
to tender a plea of guilty is freely and voluntarily made and is
not the result of force, threats, assurances, promises, or representations
other than the representations contained in this Plea Agreement.
The United States has made no promises or representations to Defendant
as to whether this Court will accept or reject the recommendations
contained within this Plea Agreement.
VIOLATION OF PLEA AGREEMENT
20. Defendant agrees that, should the United States determine
in good faith, during the period that any Federal Proceeding is
pending, that Defendant has failed to provide full and truthful
cooperation, as described in Paragraph 13 of this Plea Agreement,
or has otherwise violated any provision of this Plea Agreement,
the United States will notify Defendant or his counsel
in writing by personal or overnight delivery or facsimile transmission
and may also notify his counsel by telephone of its intention to
void any of its obligations under this Plea Agreement (except its
obligations under this paragraph), and Defendant shall be subject
to prosecution for any federal crime of which the United States
has knowledge including, but not limited to, the substantive offenses
relating to the investigation resulting in this Plea Agreement.
Defendant may seek Court review of any determination made by the
United States under this Paragraph to void any of its obligations
under the Plea Agreement. Defendant agrees that,
in the event that the United States is released from its obligations
under this Plea Agreement and brings criminal charges against Defendant
for any Relevant Offense, the statute of limitations period for
such offense will be tolled for the period between the date of the
signing of this Plea Agreement and six (6) months after the date
the United States gave notice of its intent to void its obligations
under this Plea Agreement.
21. Defendant understands and agrees that in any further prosecution
of him resulting from the release of the United States from its obligations
under this Plea Agreement based on Defendant's violation of the Plea
Agreement, any documents, statements, information, testimony, or evidence
provided by him to attorneys or agents of the United States, federal
grand juries, or courts, and any leads derived therefrom, may be used
against him in any such further prosecution. In addition, Defendant
unconditionally waives his right to challenge the use of such evidence
in any such further prosecution, notwithstanding the protections of
Fed. R. Evid. 410.
22. Defendant agrees to and adopts as his own the factual statement
contained in Paragraph 4 above. In the event that Defendant breaches
the Plea Agreement, Defendant agrees that the Plea Agreement, including
the factual statement contained in Paragraph 4 above, provides a
sufficient basis for any possible future extradition request that
may be made for his return to the United States to face charges
either in the Information referenced in Paragraph 2 of this Plea
Agreement or in any related indictment. Defendant further agrees
not to oppose or contest any request for extradition by the United
States to face charges either in the Information referenced in Paragraph
2 of this Plea Agreement or in any related indictment.
ENTIRETY OF AGREEMENT
23. This Plea Agreement constitutes the entire agreement between the
United States and Defendant concerning the disposition of the criminal
charge in this case. This Plea Agreement cannot be modified except in
writing, signed by the United States and Defendant.
24. The undersigned attorneys for the United States have been
authorized by the Attorney General of the United States to enter
this Plea Agreement on behalf of the United States.
25. A facsimile signature shall be deemed an original signature for
the purpose of executing this Plea Agreement. Multiple signature pages
are authorized for the purpose of executing this Plea Agreement.
DATED: February 28, 2006 |
Respectfully submitted, |
BY:
_______________/s/________________
Chae Kyun Chung
Defendant
_______________/s/________________
Counsel for Defendant
Edward Swanson
Swanson & McNamara LLP
300 Montgomery Street, Ste. 1100
San Francisco, CA 94104
Tel: (415) 477-3800
|
_______________/s/________________
Niall E. Lynch (CSBN 157959)
Nathanael M. Cousins (CSBN 177944)
May Y. Lee (CSBN 209366)
Brigid S. Biermann (CSBN 231705)
U.S. Department of Justice
Antitrust Division
450 Golden Gate Avenue
Room 10-0101, Box 36046
Tel: (415) 436-6660
Fax: (415) 436-6687
|
|