Terror on Trial: Key document: Fortier plea agreement

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(Court TV) -- IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,

Plaintiff

VS

MICHAEL J. FORTIER,

Defendant.

No.

PLEA AGREEMENT

Pursuant to Rule 11(e), Federal Rules of Criminal

Procedure, the United States, through its undersigned

attorneys, and the defendant, Michael J. Fortier, and his

attorney, Michael McGuire, hereby submit the attached

letter agreement as the plea agreement of Michael J. Fortier

and the United States in this case. It is understood that this

Plea Agreement is the only agreement between the United

States and defendant Michael J. Fortier, concerning his plea

of guilty in the above-styled action, and that there are no

other deals, bargains, agreements, or understandings which

modify or alter this agreement.

Dated this 10th day of August, 1995.

/s/MICHAEL J. FORTIER

Defendant

/s/MICHAEL MAGUIRE

Attorney for Defendant

/s/JOSEPH J. HARTZLER

Special Assistant U.S. Attorney

/s/PATRICK M. RYAN

Attorney United States Attorney

Western District of Oklahoma

210 W. Park Avenue, Suite 400

Oklahoma City, Oklahoma 73102

(405) 231-5281

U.S. Department of Justice

United States Attorney

Western District of Oklahoma

210 W. Park Avenue, Suite 400

Oklahoma City, Oklahoma 73102-5628

August 4, 1995

Michael G. McGuire

Attorney at Law

825 N.W. 85th

Oklahoma City, Oklahoma 73118

Re: Michael Fortier

Dear Mr. McGuire:

The United States of America understands that your client,

Michael Fortier, wishes to resolve his criminal liability in

the above-titled matter. This letter sets forth the terms and

conditions under which the government will enter into a

disposition of this matter with Mr. Fortier.

1. CHARGES. Mr. Fortier agrees to enter a plea of guilty to

an Indictment or Information that charges him with the

following four offenses:

(a) conspiring with Timothy McVeigh and Terry Nichols to

transport in interstate commerce and sell stolen firearms,

having reasonable cause to believe the firearms were stolen,

in violation of Title 18, United States Code, Section 371;

(b) transporting stolen firearms in interstate commerce on

or about December 17, 1994, having reasonable cause to

believe the firearms were stolen, in violation of Title 18,

United States Code, Section 922(i);

(c) making a materially false statement in a matter within

the jurisdiction of the Department of Justice between April

21 and April 24, 1995, by falsely denying to FBI agents

that he had knowledge of the plans of Timothy McVeigh

and Terry Nichols to bomb the federal building in

Oklahoma City, Oklahoma, in violation of Title 18, United

States Code, Section 1001; and

(d) concealing and not making known as soon as possible

to a person in civil authority under the United States his

knowledge of the actual commission of a felony cognizable

by a court of the United States -- that is, the bombing of the

federal building in Oklahoma City, Oklahoma -- in

violation of Title 18, United States Code, Section 4.

Mr. Fortier agrees to waive any claim concerning venue

and to waive any right to appeal except his right to appeal

an unlawful sentence.

2. FACTUAL ADMISSION OF GUILT. Mr. Fortier

admits that he is in fact guilty of the charges set forth in the

previous paragraph, and he will make a factual admission

of guilt before the court.

3. POTENTIAL PENALTIES. Mr. Fortier understands that

the maximum penalties to which he may be sentenced are

as follows:

(a) Five years imprisonment, a $250,000 fine, a term of

supervised release of at least 3 years, and a special

assessment of $50 for the violation of 18 U.S.C. 371;

(b) Ten years imprisonment, a $250,000 fine, a term of

supervised release of at least 3 years, and a special

assessment of $50 for the violation of 18 U.S.C. 922(i);

(c) Five years imprisonment, a $250,000 fine, a term of

supervised release of at least 3 years, and a special

assessment of $50 for the violation of 18 U.S.C. 1001; and

(d) Three years imprisonment, a $250,000 fine, a term of

supervised release of at least 1 year, and a special

assessment of $50 for the violation of 18 U.S.C. 4.

Mr. Fortier further understands that the sentencing court

may order that the sentence for each offense be served

consecutive- ly to the sentence of every other offense,

except that the terms of supervised release for all four

offenses must be ordered to run concurrently. Mr. Fortier

also understands that the sentencing court must order a

special assessment of $50 for each offense of conviction.

Thus, Mr. Fortier understands that he could be sentenced to

a total of 23 years imprisonment, a $1,000,000 fine, and 3

years supervised release, and that he must be ordered to pay

a special assessment of $200.

4. SENTENCING GUIDELINES. Mr. Fortier understands

that the sentence to be imposed on him, which may be up to

the maximum penalty allowed by law, will be determined

solely by the sentencing judge, and that the United States

cannot and does not make any promises, representations or

predictions regarding what sentence the judge will impose.

Mr. Fortier further understands that his sentence will be

determined in accordance with the guidelines and policies

promulgated by the United States Sentencing Commission,

but that the judge may depart from those guidelines under

some circumstances. Mr. Fortier understands that if the

judge imposes a sentence greater than that provided in the

sentencing guidelines, or which is in any other way

unsatisfactory to him, he cannot withdraw his guilty plea.

This does not, however, limit Mr. Fortier's right to appeal

an unlawful sentence.

5. COOPERATION. Mr. Fortier agrees that he will

continue to cooperate completely, candidly, and truthfully

with all investigators and attorneys of the United States, by

truthfully providing all information in his possession

relating directly or indirectly to all criminal activity and

related matters of which he has knowledge. He will neither

falsely implicate nor falsely protect any other person. Mr.

Fortier will provide such informa- tion whenever, and in

whatever form the United States shall reasonably request.

This includes, but is not limited to, submitting to interviews

at such reasonable times and places as are determined by

counsel for the United States, providing all documents and

other tangible evidence requested of him, and testifying

completely and truthfully before any grand jury, or at any

trial or other proceeding. The parties agree to seek a

continuance of Mr. Fortier's sentencing until he has

completed his cooperation and rendered his testimony,

including any trial testimony, as described in this

paragraph.

6. SECTION 3553(e) MOTION. If Mr. Fortier completely

fulfills all of his obligations under this agreement, at the

time of sentencing the United States will advise the

sentencing judge of the full nature, extent and value of the

cooperation provided by Mr. Fortier. In addition, the United

States will evaluate the information provided by Mr. Fortier

pursuant to the preceding paragraph. If the government

determines, in its sole discretion, that Mr. Fortier has

rendered substantial assistance in the investigation and

prosecution of others involved in criminal activities, then it

will file a motion pursuant to 18 U.S.C. 3553(e) and

Sentencing Guideline 5K1.1, which will so advise the

judge. Mr. Fortier understands, however, that the

sentencing judge will have the sole discretion to determine

the actual sentence, and the government cannot and does

not make any promises, represen- tations or predictions

regarding what sentence the judge will impose.

7. ADDITIONAL CHARGES. If Mr. Fortier completely

fulfills all of his obligations under this agreement, the

United States agrees -- except as provided below -- to bring

no additional criminal charges against him related to his

involvement with Timothy McVeigh and Terry Nichols.

This agreement applies only to conduct concluded prior to

the date of this agreement, and only to the extent that Mr.

Fortier has informed the United States of that involvement

prior to the signing of this agreement. This agreement does

not apply to any further charges which could be brought

against Mr. Fortier for actions related to different matters

than those described in this paragraph. Mr. Fortier

understands that the State of Oklahoma, through the

District Attorney for Oklahoma County, Oklahoma, Robert

Macy, has been fully informed of the terms of this

agreement and has agreed that, if Mr. Fortier fully complies

with the terms of this agreement and fully cooperates with

the State of Oklahoma, then no additional criminal charges

will be filed against Mr. Fortier by the State of Oklahoma.

8. ALLOCUTION AND STEP-BACK. The United States

reserves the right to allocute fully at sentencing, to inform

the Probation Office of any relevant facts, and to correct

any discrepancies in the presentence report. The United

States will request that Mr. Fortier be detained pending

sentencing, and Mr. Fortier agrees not to object.

9. BREACH OF AGREEMENT. If further investigation

discloses that Mr. Fortier conspired to bomb any federal

building, or if Mr. Fortier fails to comply with any of the

provisions of this agreement, or refuses to answer any

questions put to him, or makes any false or misleading

statements to investigators or attorneys of the United

States, or makes any false or misleading statements or

commits any perjury before any grand jury or court, or

commits any further crimes, then the United States will

have the right to characterize such conduct as a substantial

breach of this agreement, in which case the obligations of

the United States under this agreement will be void and the

United States will have the right to prosecute Mr. Fortier

for any and all offenses that can be charged against him in

any district or state.

10. USE OF INFORMATION. Mr. Fortier understands

that, except in the circumstances described in this

paragraph, the United States will not use against him any

statements he makes pursuant to this plea agreement in any

criminal case, other than a prosecution for perjury, giving a

false statement, or obstructing justice. Mr. Fortier agrees

that: (a) The United States may use against him information

directly or indirectly derived from statements he makes or

information he provides pursuant to this plea agreement,

and may pursue and use against him the fruits of any

investigative leads suggested by such statements or other

information; (b) In the event Mr. Fortier is ever a witness in

any trial or other judicial proceeding, the government may

cross-examine him concerning any statements he makes or

other information he provides pursuant to this plea

agreement; (c) At any trial or other judicial proceeding, the

government may introduce evidence regarding such

statements or other information in rebuttal; (d) Statements

he makes and information he provides pursuant to this plea

agreement may be used in the plea and sentencing

proceedings on the charges described in paragraph 1 above,

which are the subject of this agreement; and (e) In the event

of a breach of this agreement as described in the preceding

paragraph, any statements made or information provided by

Mr. Fortier, whether subsequent to or prior to this

agreement, may be used against him, without limitation, in

any federal, state or local prosecution. Mr. Fortier

knowingly and voluntarily waives any rights he may have,

pursuant to Fed. R. Evid. 410 and Fed. R. Crim. P.

11(e)(6), which might otherwise prohibit the use against

him of such information under the circumstances just

described.

11. NO OTHER AGREEMENTS. No other agreements,

promises, understandings or representations have been

made by the parties or their counsel than those contained in

writing herein, nor will any such agreements, promises,

understandings or representations be made unless

committed to writing and signed by Mr. Fortier, his

counsel, and an authorized representative of the United

States.

If your client agrees to the conditions set forth in this letter,

please sign the original and return it to me.

Sincerely,

PATRICK M. RYAN

United States Attorney

JOSEPH M. HARTZLER

Special Assistant U.S. Attorney

ACKNOWLEDGMENTS

I have read this agreement and carefully reviewed every

part of it with my attorney. I fully understand it and

voluntarily agree to it. No agreements, promises,

understanding or representa- tions have been made with, to

or for me other than those set forth above.

/s/MICHAEL J. FORTIER

August 7, 1995

I am Michael J. Fortier's attorney. I have reviewed every

part of this agreement with him. It accurately and complete-

ly sets forth the entire agreement between Michael J.

Fortier and the United States.

/s/MICHAEL G. MAGUIRE

Counsel for Michael J, Fortier

August 7, 1995

I, Robert Macy, District Attorney for Oklahoma County,

Oklahoma, concur with the terms of this agreement.

/s/ROBERT MACY

District Attorney for

Oklahoma County, Oklahoma

August 7, 1995 E-mail to a friend