Jane Plea

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141 00210 17
..
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IN THE UNITED STATES DISTRICT COURT
;; ... ;.;;, "" .
f:; :\ FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
UNITED STATES OF AMERICA )
)
v. ) (Case No) S: 11..,.C'fI..- - )(OB- TO
)
JANECHANDLERSNUTH )
PLEA AGREEMENT
The Government and defendant hereby acknowledge the following phm
agreement in this case:
PLEA
The defendant agrees to (i) plead gUilty to COUNTS ONE through
THREE of the Infonnation filed in the above numbered and captioned matter;
and, (ii) pay any restitution ordered by the Court. In the United States
Attorney, acting on behalf of the Government and tlu"ough the undersigned
Assistant United States Attorney, to recot:rUl1cnd the disposition specified below,
subject to the conditions in paragraphs VII and VIII.
Page 1 of 16 Defendant's Initia.ls --*....
FILED
2012 Feb-16 AM 10:42
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 5:12-cr-00065-KOB-JEO Document 3 Filed 02/16/12 Page 1 of 16
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TERMS OF THE AGREEMENT
I. MAXIMUM PUNlBMENT
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Aiding and Abetting wtauthorized access to
a protected computer, in violation of Title 18, United States Code, Section
l030(a)(2)(C) & 2, as charged in COUNTS 1 through 3, is:
a. Imprisonment for not more than 1 year;
b. A fine ofnot more than $100,000;
c. Both (a and b);
d. Supervised release tem ofnot more than 1 year; and
e. Special Assessment Fee of $25 per count.
II. FACTUAL BASJS FOR PLEA
The Government is prepared to prove, at a minimum, the following facts at
the trial of this case:
Jane Chandler Smith currently holds the position as the Circuit Court Clerk
for Madison County, Alabama. As such. Smith possesses a valid user name and
password for the Alabama Adminlstrative Office of the Courts
1
("AOC'1) State
Judioial Information System ("8J1S"), a protected computer system. Smith enjoys
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'"level four" access to SJIS, the hjghest non-administrator level ofaccess offered.
All of Smith's acts set forth in this factual basis occurred in the Northern District
of Alabama,
SJIS is hosted on a server in Montgomery, A 1 a b a m a ~ and is a service that
accesses county court records pertaining to most proceedings that take place in the
State of Alabama. UNfNDICTED CO-CONSPlRATOR #1 retired as the Director
of Information Systems of AOe in early 2007. UNINDICTED CO..
CONSPIRATOR #1 did not possess login credentials for SJIS after his retirement.
In or about 2007, UNINDICTED COCONSPIRATOR #1 was hired as a
consultant for Madison County to assist the county in projects to integrate various
county computer systems.
On May 6, 2009, UNINDICTBD CO-CONSPIRATOR #1 sent an e-mail to
Smith. The e-mail, with a subject line of "SJIS", stated, "Hey ... can I borrow you
[sic] ACnumber and password for a minute? Need to look at something ...."
Smith forwarded the e-mail to her administrative assistant, stating, "Please give
this to [UNrNDICTED CO-CONSPIRATOR #1J. Can't even think of what they
are[.r Smith's administrative assistant then e-mailed the user name and password
to Smith, cc:ing UNINDICTED CO-CONSPIRATOR #1. UNINDICTED CO..
CONSPIRATOR #1 then e-rnailed Smith and her administrative assistant back,
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stating, "Thanks!!!! Won't do anything bad. I promise II" UNINDICTED CO
CONSPIRATOR '# 1 then used SmithI s usemame and password to access the SIIS
computer system and obtained various infonnation. Smith admits knowledge that
UNINDICTED CO-CONSPIRATOR #1 could obtain infonnation using her
credentials. but does not admit any knowledge of the nature or extent of the
information obtained.
On June 25,2009, UNINDICTED CO-CONSPIRATOR #1 sent an to
Smith, which also listed Smith's administrative assistant as a recipient. The e
mail. again with a subject line ofHSnS", "Hey ... Jane's SJIS password has
expired and I am doing some stuffwith it...would you mind resetting the password
and sending it to me?H Smith replied, IJJust changed it to 5323527".
UNINDICTED CO-CONSPIRATOR #1 then used Smith's usemame and
password. to acoess the SJIS oomputer system and obtained various information,
Smith admits knowledge that UNINDICTED CO-CONSPIRATOR #1 could
obtain information using her credentials, but does not admit any knowledge ofthe
nature or extent of the infonnation obtained,
On December 15,2009, UNINDICTED CO-CONSPIRA.TOR #1 sent an
e-mail to Smith's administrative assistant. This e-mail, with subject line USnS'\
stated, "Hey, I disabled Jane's SJIe account (AC#) It. could you get it enabled?
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.And send me the new password? Thanks", Smitbts administrative assistant
responded via e-mail to UNINDICTED CO-CONSPIRATOR #1 , providing
Smith's current SJIS user name and password to UNINDICTED CO
CONSPIRATOR #1. UNlNDICTED CO-CONSPIRATOR #1 then used Smithts
usemame and password to access the SJIScomputer system and obtained various
information. Smith admits knowledge that UNINDICTED CO-CONSPIRATOR
#1 could obtain information using her credentials, but does not admit any
knowledge ofthe nature or extent of the information obtained.
On March 1, 2010, Smith was interviewed by Secret Service agents. When
asked jf she provided her user name and password to UNINDICTED CO
CONSPIRATOR #1, Smith stated, 'I'm sure he's had it to look up things." When
asked about the number of times she provided UNINDICTED CO
CONSPIRATOR #1 with her user nama and password, Smith stated, "It was
probably a few times. n
The same day, Smith's administrative assistant was also interviewed. She
indicated that Smith had asked her to provide Snrith's AOe usemame and
password to UNINDICTED CO..CONSPlRATOR #1 four or five times. She
stated that she only did this upon the request of Smith.
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The defendant hereby stipulates that the facts stated above are
. substantially correct Bnd that the Court can use these facts in calculating the
defendant's sentence. The defendant further ac.knowledges that tbese facts
do not constitute all of the evidence of each and every aet that the defendant
and/or any co-conspIrators may have committed.
Ill. RECOMMENDED SENTENCE
Subject to the limitations in paragraph VBI regarding subsequent conduct
and pursuant to Rule 11(c)(l)(B), Fed.R.Crim.P., the Government wi11l'ecommend
the following disposition:
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility;
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a tenn consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced; and, that based on the facts !mown to the
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Government at this time, the parties agree that the advisory
United States Sentencing Guideline range is 0-6 months on
each count;
(c) That following the said term of imprisonment, the defendant be
placed on supervised relesse for a period to be determined by
the court, subject to the standard conditions of supervised
release as set forth in U.S.S.G 5D1.3.
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines, said amount due and owing as ofthe
date sentence is pronounced, with any outstandjng balance to
be paid in full by the expiration of the tenn of supervised
release; and
(e) That the defendant pay a speoial assessment fee of
$75.00, said amount due and owing as ofthe date sentence is
pronounced.
IV, WAIVER OF RIGHT TO APPEAL AND POST-CONVICTION
RELIEF
In consIderation or the recommended disposition of this ease, I, JANE
CHANDLER SMITH, hereby waive and give up my rlgbt to appeal my
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conviction and/or sentence in this case, as well as any fines and restitution the
conrt might impose. Further, I waive and give up the right to challenge my
conviction and/or sentence, any fines and restitution orders Imposed, or the
manner in which my conviction and/or sentence, t 1 ~ e l , and restitution were
determined in any post-coDviction proceeding, including, but not limited to, a
motion brought under 28 U .S.C. 22!;!.
The defendant reserves the rigbt to contest in an appeal or post
conviction proceedinlJ the foJIowing:
(a) Any sentence imposed in exces, of the applicable statutory
maxbnum sentence(s);
(b) Any sentence imposed in excess of the guideUne sentencing
range determtnedby the court at the time sentence Is
imposed; and
(c) Ineffective assistance of counsel.
The defendant acknowledges that before giving up these rights, the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendant's case with the defendant's attorney, who explained them to
the defendant's satl.faction. The defendant further acknowledges and
understands tilat the Government retains its right to appeal where authorized
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by statute.
I, JANE CHANDLER SMITH, hereby place my signature on the line
cUrectly below to signify that I fuUy understand the foregoing paragraphs,
and that I am knowingly and voluntarily entering into this waiver.
-...
V. IDS:lTED STATES SENTENCING S2UIDELINES
Defendant's counsel has explained to the defendant, that in light of the
United States Supreme Court's decision in United States v. Booker, the federal
sentencing guidelines are advisory in nature. Sentencing is in the court's
discretion and is no longer required to be within the guideline range. The
defendant agrees that, pursuant to this agreement, the court may use facts it finds
by a preponderance ofthe evidence to reach an advisory guideline range, and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt.
VI. AGREEMENT lSQI BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Court1s duty to impose sentence upon the defendant and that any sentence
recommended by the Government is NOT BINDING UPON THE COURT, and
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that the Court is not required to accept the Government's recommendation.
Further, the defendant understands that if the Court does not accept the
Government's recommendation, the defendant does not have the right to withdraw
the guilty plea.
VII. VOWING OF
The defendant understands that should the defendant move the Court to
accept the defendant's plea ofgunty in accordance with, or pursuant to, the
provisions ofNorth Carolina v. Alford, 400 U.S. 2S (1970), or tender a plea of
nolo contende,.e to the charges. this agreement will become NULL and VOID. In
that event, the Government will not be bound by any of the conditions, or
recommendations, express or implied, which are contained herein.
VIII. SUBSEOUElSI CONDUCT
Tbe defendant understands that should the defendant violate any
condition of pretrial release or violate any federal, state, or local law, or
should the defendant say or do something that is Inconsistent with acceptance
of responsibility, the United States wIll no longer be bound by its obligation to
make the recommendations set forth in paragrapb DI of the Agreement, but
instead, may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion.
Page 100f 16
Defendant's IniUals *"
IX. OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district, or any other state or
local authority.
X. COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of fmanoial obligations to be imposed in
conneotion with this prosecution, the defendant agrees to fully disclose all assets
in which the defendant has any interest or over which the defendant exercises
control, directly or indirectly, including those held by a spouse, nom.inee or other
third party. The defendant also will promptly submit a completed financial
statement to the United Statos Attorney's Office, in a form that it provides and as
it directs. The defendant also agrees that the defendant's fmancial statement and
disclosures will be complete, accurate
t
and truthful. the defendant
expressly authorizes the United StateB Attorney's Office to obtain a credit report
on the defendant in order to evaluate the defendant's ability to satisfy any financial
obligation imposed by the Court.
Xl. AGREE.,MENT REGABDIKG. RELEVANT CONDUCT AND

As part of the defendant's pIes. agreement, the defendant admits to the above
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facts associated with the charges and relevant conduct for any other acts. The
defendant understands and agrees that the relevant conduct contained in the
factual basis will be used by the Court to detennine the defendant's range of
punishment under the advisory sentencing guidelines, The defendant admits that
all of the crimes listed in the factual basis are part of the same acts, scheme, and
course of conduct. This agreement is not meant, however, to prohibit the United
States Probation Office or the Court from considering any other acts and factors
which may constitute or relate to relevant conduct. Additionally, ifthis agreement
contains any provisions providing for the dismissal of any counts, the defendant
agrees to pay any appropriate restitution to each ofthe separate and proximate
victims related to those counts should there be any.
XII. TAX, FORFEITURE AND OTHER CIVILlADMINISTRATIn
PROCEEDINGS
Unless otherwise specified herein, the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defen.dant's tax ifany, or
to any pending or prospective forfeiture or other clvU or administratiVe
proceedings.
Defendant recognizes that pleading guilty may have consequences with
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respect to her immigration status ifis not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the
offense(s) to which defendant is pleading guilty. Removal and other immigration
oonsequences are the subject ofa separate proceeding, however, and defendant
understands that no one, including her attorney or the district oourt, can predict to
a certainty the effect of her conviction on her immigration status. Defendant
nevertheless affirms that wants to plead guilty regardless of any immigration
consequences that her plea may entail, even if the consequence is her automatic
removal from the United States.
Smith specifically does not admit that the facts ofthis case constitute a
crime ofmoral turpitude.
xm. D,EDNDANT'S UNDERSTANDING
I bave read and understand the provisions Ofthis agreement consisting of
Sixteen (16) pages. I have discussed the case and my constitutional and other
rights with my lawyer. I am satisfied with my lawyer's representation in this case.
I understand that by pleading guilty. I will be waiving and giving up my right to
continue to plead not guilty, to a trial by jury, to the assistance ofcounsel at that
trial; to confront, cross-examine, or compel the attendance of witnesses, to present
evidence in my behalf, to maintain my privilege against self ..incrimination. and to
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the presumption of innocence. I agree to enter my plea as indicated above OD the
terms and conditions set forth herein.
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR, OR BY ANYONE ELSE,
NOR BAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY.
I further state that I have not had any drugs, medication, 01' aloohol within
the past 48 hours except as stated here:
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto.
I have personally and voluntarily placed my initials on every page of this
Agreement and have signed the signature line below to indicate that I have read,
understand, and approve all of the provisions of this Agreement. both individually
and as a total binding agreement.
-
s: -'::!:at - :t.Q,'L
DATE
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XIV. COUNSEL'S ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my
client of all afmy client's rights and all possible defenses. My client has
conveyed to me that my client understands this Agreement and consents to all its
tenns. I believe the plea and disposition.set forth herein are appropriate under the
facts of this case and are in accord with my best judgment. I concur in the entry of
the plea on the tenns and conditions set forth herein.
XV. GOVERNMENT'S
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests of justice.
JOYCE WHITE VANCE
United States Attorney

OAVIO H, ESTES
Assistant United States Attomey
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Ilion/on
1p;M:!
WILLIAM A. HALL, JR.
Trial Attorney
Computer Crime and Intellectual
Property Section, Criminal Division
United States Depart.ment of Justice
Page 16 of 16 Defendant's Initial, ~

Jane Plea

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