TH Ecd N LB B TRICT: Byd. Mark Jones, Clerk
TH Ecd N LB B TRICT: Byd. Mark Jones, Clerk
TH Ecd N LB B TRICT: Byd. Mark Jones, Clerk
' '
I hereby acknowledge and certify that I have been advised of and that I understand
the following facts and rights, and that I have had the assistance of counsel in reviewing,
explaining, and entering into this agreement:
b) A license was required from the U.S. State Department for the defendant's
export of the defense articles;
c) The defendant exported defense articles without first obtaining a license from
the U.S. State Department; and
b) The defendant's exportation was contrary to the laws and regulations of the
Unites States, to wit: 22 U.S.C. § 2278 Arms Control Act; and
c) The defendant knew the exportation of the merchandise was contrary to the
laws and regulations of the United States .
. 2. I know that the maximum possible penalty provided by law for Count 2 of
the Indictment, a violation of 22 U.S.C. § 2278, is a term of imprisonment often (10)
years, a fine of $1,000,000.00, a term of supervised release of three (3) years and any
applicable forfeiture. I understand that ifl violate a term or condition of supervised
release, I can be returned to prison for the length of time provided in 18 U.S.C. §
3583(e)(3).
I lmow that the maximum possible penalty provided by law for Count 3 of
the Indictment, a violation of 18 U.S.C. § 554, is a term of imprisonment often (10)
years, a fine of$250,00.00, a term of supervised release of three (3) years and any·
applicable forfeiture. I understand that ifI violate a term or condition of supervised
release, I can be returned to prison for the length of time provided in 18 U.S.C. §
3583(e)(3).
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3. I know that the sentencing procedures in this case and the ultimate sentence
will be determined pursuant to 18 U.S.C. § 3553(a), and that the Court must consider, but
is not bound by, the United States Sentencing Guidelines, in determining my sentence. I
have discussed these procedures with my attorney. I also know that the final calculation
of my sentence by the Court may differ from any calculation the United States, my
attorney, or I may have made, and I will not be able to withdraw my plea if this occurs.
However, because my plea of guilty is being entered pursuant to Rule 11 (c)(1 )(C), as
explained below, I know that I will be able to withdraw my plea ifthe Court does not
accept the terms of this agreement.
5. I know that I have a right to plead "Not Guilty" or maintain my earlier plea
of "Not Guilty" and can have a trial on the charges against me.
6. I know that I have a right to a trial by jury, and I know that if I stand trial
by ajury:
b. l have a right to see and observe the witnesses who testify against me.
d. I can call witnesses to testify at trial, and I can obtain subpoenas to require
the attendance and testimony of those witnesses. If I cannot afford to pay for the
appearance of a witness and mileage fees, the United States will pay them.
f. IfI do not want to testify, the jury will be told that no inference adverse to
me may be drawn from my election not to testify.
g. The United States must prove each and every element of the offense
charged against me beyond a reasonable doubt.
i. IfI were to be convicted, I could appeal, and if I could not afford to appeal,
the United States would pay the costs of the appeal, including the services of appointed
counsel.
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9. I know that, under 18 U.S.C. § 3742(c)(2), the United States may only
appeal my sentence if it is less than the sentence set forth in this agreement.
10. I know that under a plea of guilty the judge may ask me questions under
oath about the offense. The questions, if asked on the record and in the presence of
counsel, must be answered truthfully and, if I give false answers, I can be prosecuted for
perjury.
11. I stipulate and agree that the following facts accurately describe my
conduct. These facts provide a basis for the Court to accept my guilty plea:
On June 22, 2011, I initiated a chat entitled "Help needed with eBay item
shipping." I addressed online forum users by stating I was preparing to bid on a series of
F-16 A/B Air Defense Fighter (ADF) manuals being sold on eBay. I requested shipping
assistance from forum users due to the restrictions placed on international bidders.
I informed the DCS forum that the seller would not ship the items outside of the United
States, and I requested that a DCS forum user receive the packages and export the items
to Moscow, Russia.
On June 23, 2011, a DCS forum user "Moby" later identified as co-defendant
Kenneth Sullivan, offered to assist me with receiving and exporting the F-16 A/B flight
manuals. From June 23, 2011, through June 27, 2011, various DCS forum users
communicated warnings to me and Sullivan that our conduct was illegal and to, "google
ITAR." eBay also placed ITAR warnings on their site directed toward me. Despite the·
warnings I proceeded to obtain the flight manuals. On October 25, 2011, Sullivan posted
a communication acknowledging that he had shipped the flight manuals to me in
Moscow, Russia. Sullivan and I joked with that, "Ifl (Sullivan) get busted can you send
me a hacksaw."
I acknowledge that the F-16 flight manuals were export controlled under the Arms
Control Act and appear on the United States Munitions List.
I admit that my conduct violated 22 U.S.C. § 2778, 18 U.S.C. § 554.
12. The only terms and conditions pertaining to this plea agreement between
me and the United States are as follows:
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(1) I understand that this agreement, including my plea~ the agreed upon
sentence, and all other terms referenced herein, are subject to the approval of, and
acceptance by the Court.
(2) If, after receiving all relevant information, the Court rejects the plea
agreement and determines that a sentence different from the agreed upon sentence of
Credit for Time Served of twelve (12) months' and 1-day imprisonment and 36 months
supervised release, will be imposed, I will have the right to withdraw the plea of guilty
and the terms of this agreement will become null and void. Likewise, if the Court rejects
the plea agreement and determines that the sentence should be less than Credit for Time
Served of twelve (12) months' and 1-day imprisonment and 36 months supervised
release, I understand that the United States will have the right to move to vacate this
agreement, and all terms of this agreement will become null and void.
d. Relevant Conduct. I understand and agree that the Court may consider
conduct I engaged in which either was not charged against me, will not be pleaded to by
me, or both. I understand and agree that the Court will take these facts into consideration
in determining the reasonableness of the stipulated sentence.
e. Appeal Waiver.
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(4) I further understand and agree that the word "sentence" appearing
throughout this waiver provision is being used broadly and applies to all aspects of the
Court's sentencing authority, including, but not limited to: (1) sentencing determinations;
(2) the imposition of imprisonment, fines, supervised release, probation, and any specific
terms and conditions thereof; and (3) any orders of restitution.
13. I understand and agree that this plea agreement is solely between me and
the United States Attorney for the District of Utah and does not bind any other federal,
state, or local prosecuting, administrative, or regulatory authorities.
14. I understand that I have a right to ask the Court any questions I wish to ask
concerning my rights about these proceedings and the plea.
* * * *
I make the following representations to the Court:
1. /11
I am '1t( {2~
years of age. My education consists of _ _ _ _ _ _ _ __
I _ _ _ _ _ §/cannot] read and understand English.
4. Neither my attorney nor the United States has promised me that I would
receive probation or any other fotm of leniency because of my plea.
5. I have discussed this case and this plea with my lawyer as much as I wish,
and I have no additional questions.
7. My decision to enter this plea was made after full and careful thought; with
the advice of counsel; and with a full understanding of my rights, the facts and
circumstances of the case and the consequences of the plea. I was not under the
influence of any drugs, medication, or intoxicants when I made the decision to enter the
plea, and I am not now under the influence of any drugs, medication, or intoxicants.
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9. I understand and agree to all of the above. I know that I am free to change
or delete anything contained in this statement. I do not wish to make changes to this
agreement because I agree with the terms and all of the statements are correct.
OLEG MIKHAYLOVICH
TISHCHENKO
Defendant
I certify that I have discussed this plea agreement with the defendant, that I have
fully explained his rights to him, and that I have assisted him in completing this written
agreement. I believe that he is knowingly and voluntarily entering the plea with full
knowledge of his legal rights and that there is a factual basis for the plea.
WOJCIECH NITECKI
ROBERT L. STEELE
Attorneys for Defendant
I represent that all terms of the plea agreement between the defendant and the
United States have been, or will be at the plea hearing, disclosed to the Court, and there
are no undisclosed agreements between the defendant and the United States.
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JOHN W. HUBER
United States Attorney
CARLO A. ESQUEDA
Assista United States Attorney