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JOHN P.
IN THE UNITED STATES DISTRICT COURT CLERK
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION -5 PM 3: 46'
UNITED STATES OF AMERICA
v.
JOSEPH P. MOLNAR
PLEA AGREEMENT
CASE NO.
JUDGE
The United States Attorney for the Southern District of Ohio and the defendant,
JOSEPH P. MOLNAR hereby enter into the following Plea Agreement pursuant to Rule ll(c) of
the Federal Rules of Criminal Procedure:
1. Defendant JOSEPH P. MOLNAR will enter pleas of guilty to Count 1 and Count
2 of the Information previously filed with the Court, charging him with embezzlement from a
financial institution in violation of Title 18, United States Code, Section 656, and making false
statements on a tax return in violation of Title 26, United States Code, Section 7206(1),
respectively.
2. Defendant JOSEPH P. MOLNAR understands that the maximum penalty that
may be imposed pursuant to his plea of guilty to Count I of the Information is a term of
imprisonment of not more than 30 years, a fine of not more than I ,000,000, restitution to the
victims ofhis crimes, and up to 5 years of supervised release. Defendant MOLNAR
understands that the maximum penalty that may be imposed pursuant to his plea of guilty to
Count 2 of the Information is a term of imprisonment of not more than five years; a fine of not
more than $250,000; restitution to the victims of his crimes, specifically the Department of the
Treasury, in the amount of approximately $987,0 11.66; and up to 3 years of supervised release.
3. Defendant JOSEPH P. MOLNAR will pay a special assessment of$200 as
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required in 18 U.S.C. 3013. This assessment shall be paid by defendant before sentence is
imposed and defendant will furnish a receipt at sentencing. The payment shall be made to the
United States District Court, at the Clerk's Office, 85 Marconi Boulevard, Columbus, Ohio
43215.
4. Defendant JOSEPH P. MOLNAR further understands that he has the following
rights, among others:
a. To be represented by an attorney at every stage of the proceeding,
and that, if necessary, one will be appointed to represent him;
b. To plead not guilty and to be tried by a jury;
c. To be assisted by counsel during such trial;
d. To confront and cross-examine adverse witnesses;
e. To use compulsory process to summon witnesses for the defense;
f. Not to be compelled to testify; and
g. To be presumed innocent throughout trial until and unless found
guilty by a jury beyond a reasonable doubt.
5. Defendant JOSEPH P. MOLNAR understands that if his pleas of guilty to Counts
I and 2 of the Information are accepted by the Court there will not be a further trial of any kind,
so that by pleading guilty he waives, or gives up, his right to a trial.
6. Defendant JOSEPH P. MOLNAR understands that the Court intends to question
him on the record about the offense to which he is pleading guilty, which questioning may be
under oath and which could provide a basis for a later prosecution of this defendant for perjury
or false statements if he does not tell the truth.
7. Defendant JOSEPH P. MOLNAR agrees to testify truthfully and completely
concerning all matters pertaining to the Information returned herein and to any and all other tax
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violations and bank embezzlement occurring in the Southern District of Ohio in which he may
have been involved or as to which he may have knowledge. Defendant further agrees to
provide a complete statement to authorities of the United States concerning such matters prior to
sentencing or at any other time that may be requested by the United States Attorney or a federal,
state or local investigative agency. Defendant agrees to submit to supplemental debriefings on
such matters whenever requested by federal, state or local authorities.
Pursuant to 181.8 of the United States Sentencing Guidelines ("Guidelines"), the
government agrees that any self-incriminating information so provided will not be used against
the defendant in determining the applicable Guidelines range for sentencing, or as a basis for
upward departure from the advisory Guidelines range.
8. Defendant JOSEPH P. MOLNAR is aware that the United States Sentencing
Guidelines and Policy Statements are no longer mandatory in determining his sentence.
However, the defendant also understands that said guidelines and policy statements will be given
consideration by the District Court, in conjunction with all other sentencing factors set forth in
18 U.S.C. 3553(a), to determine an appropriate sentence. The defendant is further aware that
the District Court has jurisdiction and authority to impose any sentence within the statutory
maximum set forth for the offense to which the defendant pleads guilty. Defendant is aware
that the Court has not yet determined a sentence. Defendant is also aware that any estimate of
the probable sentencing range under the United States Sentencing Guidelines that the defendant
may have received from the defendant's counsel, the United States, or the probation office is a
prediction, not a promise, and is not binding on the United States, the probation office, or the
Court. The United States makes no promise or representation concerning the sentence that the
defendant will receive, and the defendant cannot withdraw a guilty plea based upon the actual
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sentence.
9. Understanding that the following agreements under the advisory Guidelines
cannot bind the Probation Department or the Court, the United States Attorney for the Southern
District of Ohio and Defendant JOSEPH P. MOLNAR, the parties to this Plea Agreement,
hereby make the following agreements under the advisory Guidelines:
a. The parties agree that with respect to Count I of the Information, the
amount of loss described is attributed to JOSEPH P. MOLNAR's embezzlement from
his employer, the Huntington National Bank and its affiliates, and that the amount of
loss is approximately $4,076,189.44, and between $2.5 million and $7 million, which
constitutes the defendant, JOSEPH P. MOLNAR's relevant conduct for Count I as
the term is applied under the Guidelines; and the resulting base offense level is 25.
b. The parties agree that for Count 2 the amount of tax loss described is
attributed to JOSEPH P. MOLNAR's false statements on his personal tax returns
representing his income for the years 2008, 2009, 20 I 0, 20 II, and 2012, and that the
amount of such loss is approximately $987,011.66, and between $400,000 and
$1,000,000, which amount constitutes the defendant, JOSEPH P. MOLNAR's
relevant conduct for Count I as the term is applied under the Guidelines, and that the
resulting base offense level is 20.
c. The parties agree that pursuant to 3El.l(a) of the Guidelines, at the time
of his plea, the defendant, JOSEPH P. MOLNAR, has accepted responsibility for the
offense and therefore is entitled to a two-level reduction in the applicable base
offense level under this section of the Sentencing Guidelines. The parties further
agree that this defendant has timely notified the United States as to his intention to
plead guilty and therefore may be entitled to an additional one-point reduction of his
offense level under Guideline 3E 1.1 (b).
d. The parties agree that the application and final sentencing guideline
calculations for defendant JOSEPH P. MOLNAR will be completed by the probation
office, and that the Guidelines for the offenses may be "grouped," pursuant to the
rules of the United States Sentencing Guidelines.
10. The United States Attorney for the Southern District of Ohio agrees that if
Defendant JOSEPH P. MOLNAR provides substantial assistance in the investigation or
prosecution of others who have committed criminal offenses, the United States Attorney may
move the Court pursuant to 18 U.S.C. 3553(e) and/or SKI. I of the Guidelines for an
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appropriate departure from the otherwise applicable Guidelines range for Defendant's sentence
and will in connection therewith make known to the Court the nature and extent of Defendant's
assistance. Defendant understands that whether such motion should be made lies within the
discretion of the United States Attorney and that whether and to what extent such motion should
be granted are solely matters for determination by the Court.
II. If such a plea of guilty is entered, and not withdrawn, and the Defendant JOSEPH
P. MOLNAR acts in accordance with all other terms of this agreement, the United States
Attorney for the Southern District of Ohio agrees not to file additional criminal charges against
Defendant JOSEPH P. MOLNAR based on his activities charged in the Information or based on
other embezzlement and tax violations occurring in the Southern District of Ohio prior to the
date of the Information and as to which Defendant gives testimony or makes statements pursuant
to this agreement.
12. By virtue of his plea of guilty to Counts I and 2 of the Information, this defendant
understands that he is not a prevailing party as defined by 18 U.S.C. 3006A and hereby
expressly waives his right to sue the United States.
13. Defendant further understands and accepts that in addition to any criminal
sanctions, defendant may be subject to other civil and/or administrative consequences, including,
but not limited to civil liability and loss of any professionallicense(s).
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14. No additional promises, agreements, or conditions have been made relative to this
matter other than those expressly set forth herein, and none will be made unless in writing and
signed by all parties.
'(;--). 7 ._ ( f
(Date)
6


R. WILLIAM MEEKS (0014
Meeks & Thomas Co.
511 S. High Street
Columbus, OH 432 I 5-5602
Phone: (614) 228-4141
Fax: (614) 228-0899
CARTER M. STEWART
. FULTON (VA 72885)
Assistant United States Attorney
303 Marconi Blvd., Suite 200
Columbus, Ohio 43215
(614) 469-5715
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