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Andrea Steward
Assistant United States Attomey
Federal Building & U.S. Courthouse
222 We;;t Seventh Avenue, #9, Room 253
Anchorage, Alaska 995 13-7567
Phone: (907) 271-5071
Fax: (907) 271-1500
Email : aunnie.steward@usdoj.gov
A- Summary of Agreement
The defendan! Jennifer Sucharq aka Jennifer Kerr, agrees to plead guilty to
Counts l, 2, atd 3 of the Information in this case charging Wire Fraud in violation of I 8
U.S.C. $ 1343. The defendant agr€es to pay a total of $170,353 in restitution. Further,
the defendant agrees to pay $20,000 toward the total restitution at the hearing entering
her guilty pleas. If the defendant pays another $20,000 prior to sentencing the United
States agrees to continue sentencing for up to a total of six months from the date of the
entry of guilty pleas. The United States agrees not to prosecute the defendant firther for
any other offense related to the events that resulted in the charges contained in the
lnformation. The parties agree to recommend to the Court that for purposes of the
U.S.S.G. calculation related to the defendant's criminal conduc! the loss amount is
The defendant will waive all rights to appeal the convictions and sentence imposed
under this agreement. The defendant will also waive all rights to collaterally attack the
Unless the parties otherwise inforrn the Court in writing, Federal Rule of Criminal
Procedure ll(cXlXA) and (B) will control this plea agreement. Thus, the defendant may
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A. Charges
B. Elements
The elements of the charges in Counts | ,2, and 3 to which the defendant is
J The defendant acted with the intent to defraud, that is, the intent to
deceive or cheat; and
C. Factual Basis
The defendant admits the truth of the allegations in Counts 1,2 arrd 3, of the
Information and the tuth of the following statement, and the parties stipulate that the
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The defendant, Jennifer Suchan, was a volunteer heasurer for the Mustang Hockey
Association in Eagle River, Alaska from 2014 to2017. From 2015 to 2017, Suchan
forged the signature ofa Hockey Association board member on checks she wrote on the
Association's benk account at Wells Fargo. Suchan made the checks payable to herself
and she created false entries on the memo line of the forged checks to make it appear the
Suchan deposited the forged checks into her personal bank account at Alaska USA
Federal Credit Union "FCU." Suchan used the money from the forged checks to cover
her personal expenses including mortgage payments, and car payments on her BMW, as
well as the purchase ofa $1,500 chicken coop, and travel for herself and her family to
Alyeska and Disneyland, among other things. The forged checks Suchan deposited into
her personal account caused wires to be sent interstate between Wells Fargo and Alaska
Association's Wells Fargo account. Approximately $8,fiX) of the fimds Suchan obtained
by fraud from the Hockey Association were spent by Suchan on legitimate Hockey
Association expenses. Thus, the parties agree to recommend to the Court that the loss
personal acc,ount with her own signature as an authorized signer on the Hocxel
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$2 1,353 were not documented by Suchan. The parties agree this amount is to be included
as restitution because ofher failure to adequately documsnt these expenditures for a total
of $170,353. However, the parties also agree to recommend that this amount not to be
included for purposes of detennining the loss amount resulting Aom Suchan's criminai
activities.
l. Statutory Penalties
The maximum statutory penalties applicable to the charges to which the defendant
is pleading guilty, based on the facts to which the defendant will admit in support of the
1) 20 years of imprisotrment;
2) a $250,000 fine;
The following conditions may also apply and affect the defendant's sentence:
l) pursuant to Comment 7 of U.S.S.G. $ 581.2, the Court may impose an additional fine
to pay the costs to the eovernme,nt of any imprisonment and supervised release tenn;
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of more than $2,500, interest will be charged on the balance not paid within 15 days after
the judgment date; 3) upon violating any condition of supervised releasg a frirther term
of imprisonment equal to the period of the supervised release may be impose4 with no
credit for the time already spent on supervised release; 4) the Court may order the
defendant to pay restitution pursuant to the 18 U.S.C. $ 3663 and U.S.S.G. $ SEl.l, and
if l8 U.S.C. $ 3663A (mandatory restitution for certain crimes) applies, the Court shall
The defendant agrees to pay the entire special assessment in this case on the day
the Court imposes the sentence. All paym.ents will be by check or money order, and are
to be delivered to the Clerk of Cour! United Stat€s District Court, 222 W . 7lh Ave. B,ox
3. ConsequencesofFelonyConviction
Any person convicted ofa federal felony offense may lose or be denied federal
benefits including any grants, loans, licenses, food stamps, welfare or other forms of
public assistance, as well as the right to own or possess any firearms, the right to vote, the
right to hold public offrce, and the right to sit on a jury. If applicable, any defendant who
is not a United States citizen may be subject to deportation fum the United States
following conviction for a criminal offense, be denied citizenship, and not permitted to
return to the United States unless the defendant specffically receives the prior approval of
the United States Attomey General. In some circumstanc€s. uoon conviction ror *
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F. Restitution
Hockey Association. Further, the defendant agre€s to pay $20,000 towards the total
restitution by the time ofthe hearing where she enters her guilty pleas. The United States
agrees that if the defendant makes a second payment of $20,000 toward restitution prior
to the sentencing date, the parties will request a continuance ofup to six months from the
The Court must consult the advisory United States Sentencing Commission
Guidelines [U.S.S.G.] as well as the factors set forth in 18 U.S.C. $ 3553(a) when
considering the sentence to impose. The U.S.S.G. do not establish the statutory
pleading guilty. The U.S.S.G. are trot mandatory and the Court is not bound to impose a
B. GuidelineApplicationAgrcements
The parties have no agreements on any guideline apolications rmless set fortr
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If the United States concludes that the defendant has satisfied the criteria set out in
U.S.S.G. $ 3E1.1 and the applicable application notes, the United States agrees to
recommend the defendant for a two level downward adjustnnent for acceptance of
responsibility and, if U.S.S.G. $ 3El.l(b) applies, to move for the additional one level
adjustment for acceptance of responsibility. If, at any time prior to imposition of the
sentence, the United States concludes that the defendant has failed to fully satisfr the
criteria set out in U.S.S.G. $ 3El.l, or has acted in a manner inconsistent with acceptance
of resoonsibilit-v. the United States will not make or. if alreadv made. will withdraw this
2. Loss Amount
The parties agree to recommend to the Court that, for purposes of the Guideline
calculation, the loss amount in this case is between $95,000 and $150,000. U.S.S.G.
$ 281.1.
C. SentencingRecommendations
The United States Probation Oflice will prepare the defendant's pre-sentence
range under the U.S.S.G. Both the United States and the defendant will have the
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appropriate sentence to be imposed in this case based on the stipulated facts set forth in
Section II.C, any additional facts established at the imposition of sentence hearing, the
applicable statutory penalty sections, the advisory U.S.S.G., and the s€ntencing factors
defendant's pleas and the terms of this agreement the United States agrees that it will not
prosecute the defendant further for any other offense - now tnown - arising out of the
subject of the investigation related to the charges brought in the Information in this case
withdrawn, vacated, revers€{ set aside, or modified, at any time, in any proceeding for
any reason, the United States wi[ be free to prosecute the defendant on all charges arising
out of the investigation of this case including any charges dismissed pursrant to the terms
of this agreement, which charges will be automatically reinstated as well as for perjury
and false statements. The defendant hereby agrees that he./she waives any defense that
A. Trial Rights
Beine aware of the lbllowine. the delbndant waives these trial riehts:
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- The right to a speedy and public trial by jury on the factual issues
statutory penalties, and any issue affecting any interest in any assets
subject to forfeiture;
- The right to plead not guilty or to persist in that plea if it has already
been made;
The right to be presumed innocent and not to suffer any criminal penalty
doubt
The right to confront and cross examine witnesses against the defendant,
The right to remain silent at fial, with such silence not to be used
against the defendant, and the right to testi$ in the defendant's own
behalf; and
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B. Appellate Rights
The defendant waives the right to appeal the convictions resulting from the enty
of guilty pleas to the charges set forth in this agr€ement. The defendant further agrees
that if the Court imposes a sentence that does not exceed the statutory maximum penalties
- as set forth in Section tr.D above i1 lhis agreemenq the defendant waives without
exc€.ption the right to appeal on all grounds contained in l8 U.S.C. g 3742 the sentence
the Court imposes. The defendant mderstands that this waiver includes, but is not
limited to, forfeiture (if applicable), terms or conditions of probation (if applicable) or
zupervised release, any fines or restitution, and any and all constitutional [or legal]
challenges to defendant's conviction[s] and guilty plea[s], including argumeots that the
statute[s] to which defendant is pleading guilty [is/are] unconstitutional, and any and all
claims that the statement of facts provided herein is insufficient to support defendant's
plea[s] of guilty.
By waiving these rights, the defendant understands that the convictions and
sentence the Court imooses will be linal. No other court wilt concucr aoDeuare revlr; :;
The defendant agrees that the appellate and collateral attack waivers contained
within this agreement will apply to any 18 U.S.C. $ 3582(c) modifications, as well as the
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dismissed charges, and withdraw any motions for downward departures, or sentences
C. ColleterelAttackRights
The defendant agrees to waive all rights to collaterally attack the resulting
imposes. The only exceptions to this collateral attack waiver are as follows: l) any
on information not now known to the defendant and which, in the exercise ofreasonable
diligence, could not be known by the defendant at the time the Court imposes sentence;
Because this is a negotiated resolution ofthe case, the parties waive any claim for
the award of attomey fees and costs from the other party.
By siping this agreemen! the defendant admits the truth of the facts in the
Factual Basis portion of this agreement sst forth itr Section II.C. The defendant agrees
that the statements made by her in signing this agreement shall be deemed usable and
admissible against the defendant as stipulations in any hearing trial or sentencing that
may follow, even if the defendant fails to enter a guilty plea punuant to this agreement.
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VI. ADEQUACYOFTIIEAGREEMENT
Pursuant to Local Criminal Rule I 1.2(d[7) and (8), this plea agreement is
appropriate in that it conforms with the sentencing goals that would otherwise be
applicable to the defendant's case if the defendant had gone to trial and had been
I, Jennifer Suchan, the defendant affum this document contains all ofthe
agreements made between me - with the assistance of my attomey - aDd the United
States regarding my pleas. There are no other promises, assurances, or agreements the
Unircd States has made or entered into with me that have alfected my decision to enter
any plea of guilty or to enter into this agreemenl If there are any additional promises,
assurances, or agreements, United States and I will jointly inform the Court in writing
case or what sentence the Court may impose if I plead guilty. If anyone, including my
attomey, has done or said anything other than what is contained in this agreement, I will
I enter into this agreement understanding and agreeing that the conditions set forth
herein are obligatory and material to this agreement and that any failure on my part to
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this agreement I agree the United States, in its sole discretion, may withdraw from this
agreement and may reinstate prosecution against me on any charges arising out of the
investigation in this matter. If my compliance with the terms of this plea agreement
will be admissible, the Court will detennine whether or not I have violated the terms of
I understand the Court will ask me under an oath to answer questions about the
understand that I may be prosecuted if I make false statements or give false answers and
I have read this plea agreement carefirlly and understand it thoroughly. I know of
no reason why the Court should find me incompetent to enter hto this agreement or to
enter my pleas. I enter into this agreement knowingly and voluntarily. I understand that
anything that I discuss with my attorney is privileged and confide,ntial, and cannot be
-veared without my permission. Knowing this, I agree that this document will be ftled
prepared to repeat this statement at the time I stand before the Court and enter my guilty
pleas. My attomey and I have discussed all possible defenses to the charges to which I
am oleading guilty. My attomey has investigated my case and followed up on any
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fully explain the legal and factual issues involved in my case to my satisfaction. We have
discussed the statutes applicable to my offense and sentence as well as the possible effect
l8 u.s.c. $ 1343.
As counsel for the defendant, I have conveyed all formal plea offers. I have
discussed the terms of this plea agreement with the defendant have fully explained the
charges to which the defendant is pleading guilty, the necessary elements thereto, all
possible defenses, and the consequences of a guilty plea to a felony. Based on these
discussions, I have no reason to doubt that the defendant is knowingly and voluntarily
entering into this agreement and entering a plea of guilty. I know of no reason to
question the defendant's competence to make these decisions. If, prior to the imposition
of sentence, I become aware of any reason to question the defendant's competency to
onter into this plea agreement orto enter a plea of guilty, I will immediately inform the
court-
On behalf ofthe United States, the following accepr the defendant's offer to plead
guilty under the terms of this plea agreement.
DATED:
s/,t /z o,a I
RYAN
United tates of America
United States Attome;.
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