U.S. Department of Justice United States Attorney . Southern District of New York United States District Courthouse I 300 Quarropas Street' White Plains. New York 1060! January 23, 2014 BY EMAIL Kenneth Gribetz, Esq. Deborah W. Lowenberg, Esq. Gribetz Loewenberg, PLLC 155 North Main Street New City, New York 10956 dw1@glcrimina11aw.com Re: United States v. Joseph Desmaret, 13 Cr. 297 (KMK) Dear Mr. Gribbetz and Ms. Lowenberg: On Southern District of New York ("this Office") will accept a guilty plea from Joseph Desmaret ("the defendant") to Counts Nine and Ten of the above-referenced Indictment. Count Nine charges the defendant with honest services mail fraud, in Violation of Title 18, United States Code, Sections 1341 and 1346, and carries a maximum term of imprisonment of 20 years, a maximum term of supervised release of three years, a maximum fine, pursuant to Title 18, United States Code, Section 3571 of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss _to persons other than the. defendant resulting from the offense, and a $100 mandatory special assessment. In addition to the foregoing, the Court must order restitution as specified below. Count Ten charges the defendant with Hobbs Act extortion, in Violation of Title 18, United States-Code, Sections 1951, and cairies a maximum term of imprisonment of 20 years, a maximum term of supervised release of three years, a maximum fine, pursuant to Title 18, United States Code, Section 3571 of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense, and a $100 mandatory special assessment. In addition to the foregoing, the Court must order restitution as specified below. The total maximum term of imprisonment on Counts Nine and Ten is 40 years. In consideration of the defendant's plea to the above offenses, the defendant will not be further prosecuted criminally by this Office (except for criminal tax violations as to which this Office cannot, and does not, make any agreement) for using his official position as Deputy Kenneth Gribetz, Esq. I -- Deborah W. Lowenberg, Esq. January 23, 2014 Page 2 of 6 Mayor of the Village of Sp_ring'Valley to assist 2Holdings LLC in its development of a community center in Spring Valley, New York in exchange for cash payments, it being understood that this agreement does not bar the use of such conduct as a predicate act or as the basis for a sentencing enhancement in a subsequent prosecution including, but not limited to, a prosecution pursuant to 18 U.S.C. 1961 et seq. In addition, at the time of sentencing, the -Governrnent willgmove to dismiss any open Count(s) against the defendant. The defendant agrees that with respect to any and all dismissed charges he is not a "prevailing party" within the meaning of the "Hyde Amendment," Section 617, P.L. l05-119 (Nov. 26, 1997), and will not file any claim under that law. The defendant hereby admits the forfeiture allegations with respect to Counts Nine and Ten of the Indictment and agrees to forfeit to the United States, pursuant to Title 18, United States Code, Section Title 21, United States Code, Section 853(p); and Title 28, United States Code, Section 2461: a sum of money equal to $10,500 in United States currency, representing the amount of proceeds obtained by the defendant as a result of the charged offenses (the "Money Judgment"). It is further understood that any forfeiture of the defendant's assets shall not be treated as satisfaction of any fine, restitution, cost of imprisonment, or any other penalty the Court may impose upon him in addition to forfeiture. The defendant consents to the entry of a Consent Order of Forfeiture in the amount of $10,500 and agrees that/the Consent Order of Forfeiture shall be final as to the defendant atthe time it is ordered by the Court. The defendant further agrees to make restitution in in the amount of $10,500 in accordance with Title 18, United States Code, Sections 3663 and 3663A. In consideration of the foregoing and pursuant to United States Sentencing Guidelines or "Guidelines?') Section 6Bl.4, the parties hereby stipulate to the following: A. Offense Level Counts Nine and Ten 1. U.S.S.G. 2Cl.l applies to the offenses charged in Counts Nine and Ten of the Indictment. Pursuant to the base offense level is 14 because the defendant was a public official as that term is defined at 2Cl.1, Application Note 103). 2. A 2~level enhancement applies, pursuant to U.S.S.G. because the offense involved more than one bribe or extortion. 3. A l2-level enhancement applies, pursuant to U.S.S.G. and because the value of the payment, the benefit received or to be received in return for the payment, and the value of anything obtained or to be obtained by a public official or others acting with a public official was more than $200,000. 'Kenneth Gribetz, Esq. Deborah W. Lowenberg, Esq. January 23, 2014 Page 3 of 6 4. A 4-level enhancement applies, pursuant to U.S.S.G. because the offense involved an elected public official or any public official in _a high-level decision--mal