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IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
FOR
MIAMI-DADE COUNTY
,
FLORIDA
Case
F08-9419.
Judge
J. Schlesinger
Division Cr. 5
STATE
OF
FLORIDA
Plaintiff
vs.
MICHAEL
ADKINS,
Defendant.
PLEA AGREEMENT
The State and the Defendant, Michael Adkins
(hereinafter “Defendant”) agree
to the following:
1.
Defendant
shall plead guilty in case
numbered: F08-9419 to the charge of Aggravated White Collar Crime,
in violation of Fla. Stat. § 775.0844(5) a First Degree Felony.
The Defendant’s guilty plea is irrevocable.
The State will announce a nolle prosse as to the remaining
counts in this action.
2.
The
Court shall accept Defendant’s guilty plea, and defer finding of
guilt, adjudication of guilt and sentence until January 30, 2009
and that then, Defendant will be sentenced according with the
terms of paragraphs 5, 6 and / or 7 of this agreement.
DEFENDANT’S OBLIGATIONS
3.
Defendant
agrees that the final amount of restitution in this case amounts
to ONE HUNDRED SEVENTY SEVEN FOUR HUNDRED THIRTY-FOUR DOLLARS AND
FORTY ONE CENTS ($177,434.41).
4.
Defendant
agrees to fully pay the restitution amount of ONE HUNDRED SEVENTY
SEVEN FOUR HUNDRED THIRTY-FOUR DOLLARS AND FORTY ONE CENTS
($177,434.41) as follows:
A.
On
August 26, 2008, at the time of taking the guilty plea, Defendant
will deposit in the office of the Clerk of Court of the 11
Judicial District a FORTY THOUSAND DOLLARS ($40,000.00) bank or
cashier’s check payable to Clerk
of Court of the 11th Judicial Circuit for Miami-Dade
County and
containing in the memo section the words First Order of
Restitution case F08-9419.
The State will draft a Court’s order instructing the
Clerk how to funds shall be disbursed. Defendant agrees to pay all
costs associated with the disbursement of these funds.
B.
On
January 30, 2009 Defendant will deposit in the office of the Clerk
of Court of the 11 Judicial District a FIFTY THOUSAND DOLLARS
($50,000.00) bank or cashier’s check payable to Clerk
of Court of the 11th Judicial Circuit for Miami-Dade
County and containing in the memo section the words Second Order of
Restitution case F08-9419. The
State will draft a Court’s order instructing the Clerk how the
funds shall be disbursed. Defendant agrees to bear the
administrative cost of disbursement, if any.
C.
Defendant
will pay the remaining EIGHTY SEVEN THOUSAND FOUR HUNDRED THIRTY
FOUR DOLLARS AND FORTY ONE CENTS ($87,434.41) during his term of
probation and in accordance with his sentence as set in paragraphs
5 and 6.
D.
Defendant
acknowledges that at the time of executing this agreement there
are two pending criminal cases filed by the State of
Florida
against him: one in Broward county which is Sheriff Office number
BS-08-05684; and, the second in Brevard county, Cocoa Beach Police
number 07-0702 (“the Brevard and Broward cases”).
Additionally, Defendant represents that he is willing and able to
comply with the terms of this agreement in
Miami
Dade
County
case F08-9419 regardless of the obligations that could be imposed
upon him or agreed among the parties in the Brevard and Broward
cases. Furthermore, Defendant agrees to comply first with all the
terms and conditions of the instant agreement, including but not
limited to the payments of FIFTY THOUSAND DOLLARS ($50,000) on
January 30, 2009 and restitution subsequently over any obligations
of terms that he can agree upon on the Brevard and Broward cases.
Finally, Defendant agrees that payments made in relation to
the Brevard and Broward cases cannot be raised as a defense for
failure to comply with the financial conditions, terms and
obligations stated in the instant agreement.
E.
Defendant
agrees to be continually available for any and all meetings
interviews, depositions, hearings and trials related to this case
(F08-9419) as required by the State of
Florida
and/or the Miami-Dade Police Department and / or the Court, and
further agrees to provide truthful and complete information and
testimony at such meetings, interviews depositions, hearings grand
juries and trials. The
Defendant specifically agrees to provide any and all financial
information about himself, his business, business associates and /
or business interest he can be required, including but not limited
to tax return forms, other tax forms, bank accounts, credit cards,
mortgages, transfers and any financial transactions that could be
of interest in the instant case to the State of Florida, its legal
agencies and / or Miami-Dade Police Department.
In case of dispute about the information required,
Defendant agrees that the State will determine what is of interest
in the instant case. The
Defendant also agrees not to falsely implicate any person or
entity through false information.
F.
The
Defendant’s cooperation and testimony pertaining any facts
concerning the instant case (F08-9419) shall be entirely
unconditional. Defendant
hereby waives his Fifth Amendment right against self-incrimination
and any Fifth/Sixth amendment rights to counsel during the course
of any investigations or testimony in which the Defendant may
participate or provide pursuant to the terms and conditions of
this agreement. Defendant
understands and knowingly and intelligently, without threads and
promises, specifically waives each and everyone of the following
rights:
-Right to remain silent,
-Right against self-incrimination,
-Right to have a lawyer present during questioning;
-Right to a lawyer at no cost.
SENTENCING
5.
If
Defendant satisfies the conditions stated in paragraphs 4 A and B,
the payment of FORTY THOUSAND DOLLARS on AUGUST 26, 2008; and,
FIFTY THOUSAND DOLLARS on or by January 30, 2009, Defendant shall
then on January 30, 2009 be found guilty, adjudicated guilty and
sentenced to a term of 17 years reporting probation.
The special conditions of Defendant’s probation will be:
A.
During his term of probation, defendant agrees to
pay EIGHTY SEVEN THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS AND
FORTY ONE CENTS ($87,434.41).
The payment shall be made through the Florida Department of
Corrections which will disburse the funds according to a Third
Order of Restitution that the State will draft.
B.
Defendant further agrees to make a minimum payment of SIX
HUNDRED DOLLARS ($600.00) monthly starting on February 1, 2009
until he pays the full amount of EIGHTY
SEVEN THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS AND FORTY ONE
CENTS ($87,434.41). Defendant
agrees to bear the administrative cost of disbursement as set by
the Florida Department of Corrections.
C.
Additionally, Defendant agrees that inability to pay
cannot be raised as a defense in any future proceeding to violate
his probation and that by accepting to the terms of this agreement
Defendant represents that he has full willingness and ability to
pay restitution. Any
failure in the agreed payment of the FIFTY
THOUSAND DOLLARS ($50,000.00) on or by January 30, 2009 and / or
the payment of the agreed payment of SIX
HUNDRED DOLLARS ($600.00) per month after February 1, 2009 will be
cause to violate this agreement and / or Defendant’s probation
and in such a case Defendant will be sentence according to
paragraphs 5, 6 and 7 (sentencing) of this agreement.
D.
Moreover
Defendant agrees to comply with the standard terms of probation as
inform by the authorized representatives of the Florida Department
of Corrections.
6
It is further
agreed between the parties that (1) if Defendant does not pay
FIFTY THOUSAND DOLLARS ($50,000.00) on or by January 30, 2009; or
if (2) Defendant fails to make any of his monthly payments before
he has completed the total restitution amount of ONE HUNDRED
SEVENTY SEVEN FOUR HUNDRED THIRTY-FOUR DOLLARS AND FORTY ONE CENTS
($177,434.41); or (3) Defendant is found in violation of the terms
and conditions of this plea agreement and / or his probation; then
Defendant will be sentenced to serve a minimum term of FIFTEEN
(15) years in State prison up to a maximum of THIRTY years (30) in
State prison.
7 Defendant
agrees that if he fails to appear for sentencing on January 30,
2009 or on any other date that the Court could set for sentencing,
after receiving reasonable notice, then the parties agree that
Defendant shall be sentenced in absentia to the Statutory maximum
allowable by law for the charged offense which is stipulated by
the parties to be THIRTY (30) years in State prison and the State
of Florida will not waive any fines.
8
The
State of
Florida
need only prove any violation of this agreement to the Court by
preponderance of the evidence.
9
Defendant
will be released on August 26, 2008 on his existing bond. The
alternate bond is no bond. As
a special condition of Defendant’s release, Defendant must turn
over all travel documents including but not limited to his
passport, birth certificate, etc…the State will not oppose
Defendant’s request to travel within the State of Florida for
work purposes if the Court and the Florida Department of Probation
so authorize.
10
After
sentencing, Defendant shall not file a motion to mitigate or
motion to seal or expunge. The
Defendant will further not file a motion to correct his sentence
or a motion for post conviction relief pursuant to Florida Rules
of Criminal Procedure. Defendant
also agrees that the provisions of the Sentencing Guidelines do
not control in this case and have no applicability and will not be
a basis for any motions or appeals.
Defendant agrees that he will not file for early
termination of his probation before he has completed TWO (2) years
of probation and only after he has completed all terms and
conditions of this plea agreement, including the payment of
restitution fully.
11
Defendant acknowledges that he is entering into this
agreement and is pleading guilty freely and voluntarily without
reliance upon any discussions between the attorneys for the State
and the Defendant’s attorney and without promise of benefits
other than those contained herein, and without threats, force,
intimidation, or coercion of any kind.
Defendant further acknowledges his understanding of the
nature of the offense to which he is pleading guilty and the
penalties provided by law. Defendant
also understands that he has the right to plead not guilty and to
be tried by a jury with assistance of counsel, the right to
discovery as provided by Fla. R. Crim. Pro. 3.220 (including the
taking of depositions); the right to confront and cross-examine
the witnesses against him; and compulsory process of witnesses to
testify on his behalf. Defendant
acknowledges that by pleading guilty, he waives those rights
stated and that there will be no trial.
Defendant further agrees that the sentence agreed upon in
paragraph 4 is within Sentencing Guidelines, the Guidelines have
not been used for this agreement or its sentences and will not
provide the basis for any motions or appeals.
12
The Defendant agrees that he understands that if he is not
a citizen of the
United States
that this plea agreement may subject him to deportation or some
other immigration consequences.
13
All agreements between the State and the Defendant are
contained within this contract.
There are no other agreements between the State and
Defendant with regard to this case.
Respectfully submitted,
KATHERINE FERNANDEZ RUNDLE
STATE ATTORNEY
By: ____________________
SANTIAGO AROCA
Assistant State Attorney
Florida
Bar Number 749141
Dated
August________, 2008
I,
Michael Adkins, acknowledge that I am entering into this agreement
freely and voluntarily after consultation with my attorney, and I
am satisfied as to his representation, and that there is nothing
additional that I have asked my attorney to do that he has not
complied with and that this plea is in my best interest.
____________________
_______________________
Michael
Adkins
J.
Cotrone
Defendant
Attorney for Defendant
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