Professional Documents
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1. Guilty Pleas
A. Counts of Conviction
information charging him with wire fraud in violation of l8 U.S.C. $ 1343 and
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B. Elements of Offenses
The elements ofthe offense charged in count 1 are that defendant (1)
firearms and ammunition; and (3) he made the false representations through
The elements ofthe offense charged in count 2 are that (1) having caused
another to prepare his federal income tax return, defendant willfully signed that
income tax retum subject to the penalties for perjury; (2) the tax retum contahed
materially false information regarding defendant's incomc; and (3) the defendant
did not believe that the reported income on his tax retum was true and correct.
The following stipulated facts are a sulficient and accurate basis for
During all times relevant to the charges in this case, Robert J. Reznick was
employed as a police chief, private security services provider, and process server
became the Chief ol Police for the Viltage of Oakley, located in Saginaw County,
Michigan, in 2009, and was paid between 51,200 to $6,000 per year.
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Though the population of the Village of Oakley was around 300 people,
Reznick recruited and maintained a roster of approximately 120 reserve officers for
distant from Oakley. Members of the Oakley reserye officer group were required
to pay at least $ 1 ,000 to the Village of Oakley to join the reserves, and buy their
own firearms, uniforms and other equipment. Reznick told, but did not require,
members to attend formal training or perform any duties to stay in good standing
as reserve off1cers. However, Reznick provided badges and police identity cards,
The Oakley reserve officers became Reznick's ready and primary customers
for firearms, ammunition, police badges, uniforms, and tactical gear. Reznick
purchased hrearms, ammunition, and other equipment from suppliers located both
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in and outside of Michigan, fraudulently using his position as police chief to obtai
,l'l' ; l"-ls".ly se7rcso.,*i n., tf.o-F he wi,: v,, c.lo-,- 1 iAc p.,rr.r^7,g*; h.r pcr
reduced prices'[rom the suRRliertf,vhile intending to selfprimaiily the firearms, 'sr
ammunition and flirearm-related items for his personal profit. He placed orders
Y
with his out-of-state suppliers by using interstate wire communications, including
telephonic, faxed and emailed communications. Reznick made most of his profit
from the sale of ammunition, but was also able to make a significant profit on
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frrearm sales that involved high-end firearms such as assault weapons and firearms
customized with an Oakley Police Department badge. Reznick also used his
position as police chiefto facilitate the sale ofassault shotguns with the capacity to
hold 16 rounds from an out-of-state vendor for some of his customers and thereby
enabled the purchasers ofthose shotguns to evade the federal and state taxes on the
$10,000 per year in unreported, criminally derived income and an aggregate gain
Though he had filed timely personal federal income tax retums previously,
Robert Reznick did not file personal income tax retums for 20 t 0 through 20 I 3
when the returns were due, despite having income from his sales of ammunition,
firearms and other items, and from his lawful employment in various capacities.
Similarly, though Reznick had filed Form I 120 retums fbr Due Process of
Michigan through 201 1 , he stopped filing for that entity thereafter, even though he
By 2015, Reznick was aware of the I'ederal investigation that gave rise to his
cunent charges. Also in 2015, Reznick arranged to have late personal tax returns
prepared for 2010 through 2013, and a timely personal return lor 2014' Reznick
deliberately did not disclose all of his income to the preparer ofthose personal tax
returns. Consequently, Reznick's personal tax rotums for 201 0 to 2014 contained
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materially false information regarding Reznick's total income from all sources lor
each of those years. Reznick willfully signed his Form 1040 tax retums lor 2010,
2011,2012,2013 and 2014 subject to the penalties for perjury, even rhough he was
fully aware of the fact that his income for each of those years was under-reported.
and filed the retums with the IRS. The criminal tax loss that resulted from Reznick
failing to report all ofhis personal income for 2010 to 2014 totals $87,702.86.
2. SentencingGuidelines
A. Standard ofProof
in the attached guidelines worksheets. However, ifthe court finds that defendant's
that the offense level should be higher because, after pleading guilty, defendant
made any false statement to or withheld information from his probation officer,
obstructed justice or committed any new crime, and if any such finding results in a
guidelines range higher than the stipulated range of 12 to I 8 months, the higher
guidelines range will become the agreed guidelines range of the parties.
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Neither party may take a position concerning the applicable guidelines that
of this provision of this plea agreement by either party will constitute a breach of
this plea agreement and will enable the other party to withdraw from this
agreement.
3. Sentence
The court will impose a sentence pursuant to 18 U.S.C. $3553, and in doing
A. Imprisonment
B. Supervised Release
release term. The custodial sentence agreement above does not limit any term of
C. Special Assessment
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D. Fine
E. Restitution
Pursuant to the stipulation of the parties, the court shall order restitution to
the Intemal Revenue Service in the amount of $124,078.88. That is the total of the
criminal tax loss of $87,702.86 from Reznick's unreported personal income for
201 1 through 2014, and the criminal tax loss attributable to Due Process of
Michigan, totaling $36,37 6.02, for 2012 ttuough 20 I 4.
F. Costs of Prosecution
G. l'orfeiture
Defendant agrees to forfeit to the United States all interests he may have in
The delendant agrees to cooperate with the Internal Revenue Service in the
determination of the defendant's civil income tax liability for the tax years 2010 to
A. Defendant will file all income tax retums currently due or overdue
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B. Defendant will sign and submit to the IRS a Form 870 at or before
sentenclng.
is not limited to, hnancial account records including checks, books and records of
related businesses, substantiation for deductions and expenses claimed, and
investment records.
release ordering him to pay all unpaid restitution and the costs ofprosecution
stated above.
lf the court allows defendant to withdraw either of his guilry pleas under
Rule 11(d)(2)(B), defendant waives his rights under Rule 410 of the Federal Rules
of Evidence and the govemment may use defendant's guilty plea, any statement
made under oath at the change-of-plea hearing, and the factual basis statement in
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6. Other Charges
If the court accepts this ageement, the government will not bring additional
charges against defendant based on any of the conduct reflected in the attached
requirements ofparagraph 4, above, that conduct will be the basis for one or more
The government may withdraw from this agreement if the court imposes a
sentence below the agreed guidelines range. Defendant may withdraw ffom this
agreement, and may withdraw his guilty pleas, if the court decides to impose a
sentence higher than the guidelines range determined by the court pursuant to this
plea agreement. That is the only reason for which defendant may withdraw from
this agreement. The court shall advise defendant that ifhe does not withdraw his
gurlty pleas under this circumstance, the court may impose a sentence that is higher
8. Appeal Waiver
The government retains the right to appeal if the court imposes a sentence of
less than l2 months.
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imposed by the court do not exceed the guidelines range determined pursuant to
this plea agreement, defendant waives his right to appeal his sentences on any
ground. This appeal waiver does not bar defendant from filing a claim of
ineffective assistance of counsel in court except as stated below.
Defendant understands that his convictions in this case may carry additional
consequences under federal and state 1aw, including the potential loss ofthe right
to vote, right to serve on a jury, and ability to hold certain licenses or work in
certain fields. Ifany collateral consequences result from either ofthe defendant's
convictions in this case, that circumstance will not be a ground on which the
United States, there may be adverse immigration consequences resulting from his
convictions. These consequences include possible removal from the United States,
court, can predict with certainty the effect of defendant's convictions on any of
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convictions.
of the convictions entered pursuant to this agreement are vacated or set-aside for
any reason, the court shall, on the govemment's request, al'low the government to
reinstate the charges in the information and/or seek and obtain an indictment
containing felony charges arising under Tile 26 and Title 18, including the charges
in the information and./or other offenses that were not filed because of the
charges are filed against defendant within six months after the date of the order
guilty plea(s) becomes final, defendant waives his right to challenge the charges on
the ground that they were not filed in a timely manner, including any claim that
I l. Acknowledgment
Defendant understands that, upon entry ofhis guilty pleas, it will be illegal
cottrrerce.
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Unless otherwise indicated, this agreement does not bind any govemment
agency except the U. S. Attorney's Office for the Eastem District of Michigan.
agreements between the parties concerning the subject matter of this plea
agreement that were made at any time before the guilty plea is entered in court. No
for the defendant at any time before defendant pleads guilty are binding except to
the extent they have been explicitly incorporated into this agreement.
this plea agreement does not supersede or abrogate the prior written agreement.
This agreement does not prevent any civil or administrative actions against
defendant, or any forfeiture claim against any property, by the United States or any
third party.
This plea offer expires unless it has been received, fully signed, in the Bay
City Office of the United States Attorney by 5:00 p.M. on March 15, 2019. The
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govcnrnlcnl r!-srrvcs thc riEht to [xxlily or rcvokc lhis ofl'cr al ony timc before
i\ l: rlt h Schttcitlcr
(rnrl
, .,\lkr r
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I
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7/
J\ n( JI J Parker
Assisrnnl U.S. istanl U.S. Attomey
Chicf. R f iccs
G rz.-
Chrislopher Rawsthorne I
I
By ing below, defcndant acknow ledges that he has rcad (or bccn read)
this entirc document, he understands it, and he agrees to irs lerms. He abo
to confcr with his lawyer, and has had all of his qucstioos answcred to his
J Robert J.
r Defendanl Defendant
o^t",t|ev4 ll .zots
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WORKSHEET A
OFFENSE LEVEL
Delenda nt
Robert Reznick
District/Offrce IJastern District of N{ichisan
Docket Number 1$CR-20148
Guidelines Manunl Eilition Llsed: 20lq (Note;The worksheeh ore keyed to the Novembe. 1.2o16 Guidelines Monuot)
INSIRUCIIONS
Complete a separate Worksheet A for each count of conyiction or as !€quir€d in a situation listed at the bottom of Worksheet B-1
Etception-s: Use only a single Worksheet A where the ofrense lerrl for a group of closely rclated counts is based primarily on
aBgregate value or quantity (see S3D1.2(d)) or where a count of conE iracy, solicitstion, or attaEpt is gouped wirh a substantive
court that was the sole object of the conspiracy, solicitation, or atrpmpt (8ee $3D1.2(a) & (b)).
l. Otfense level r
Enter the applicable base offense level and any specific offense characteristics from Chapter Tw-o and explain the
bases for these determinations. Enter the sum in the box provided-
I2B1.1(bXgXA)l
>$40,000 to 995,000 gain/toss
lrll
misrepresentation that detund-ant was acting on behalf of a government agency
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If the Chapter Two guideline requires applicatiou of a cross reference or other at
116
reference, an additional Worksheet A may be needed for that analysis. See $181.5. Surr) |
Enter the applicable section and adjustment- If mqre than one sectio[ is applicable,
list each section and enter the combi-oed adjustment. If no adjustment is applicable, s U
enter "0".
Enter the sum of Items 1-4. If this Worksheet A iloes not cover all counts of conviction or situations
listed at the bottom of Worksheet B, complete Worksheet B- Otherwise, enter this result on to
Worksheet D, Item 1.
V Check here ifall counts (incluclizg situations listed at the bottom of Worksheet B)* are addressed on this one
Worksheet A. If so, no Worksheet B is used.
U.S.
on Worksheet D, Item 4. No Worksheet C is used,
WORKSHEEI D
DETERMINING THE SENTENCE
[Poge 1 of 4]
Defendant Robert Reznick Docket Number 19CR-20148
l.
3, Otfeme Level Iolol (llem I less ltem 2)
13
Eoter the rcsult flnm Worksheet C, Ircm 8, unlc,ss t,he tlrfendant has no criminal history, antl as
dilccrerl at rhe Dottonr of \\'ork"-het't -{, no \Yorksheet (l is uscd and "l'' is t'ntcled here. I
5. Terrorism; Coreer Offender; Criminol [ivelihood; Armed Coreer Criminol; Repeot ond Dongerou:
Sex Oflender (See Chopter Three, Port A, ond Chopter Four, Porl B)
o. Ofrense levellolol
If the provision for Career Ofrender (S4B1.1), Criminal Livelihood ($481.3), Armed Career
Criminal (S4Bf.4), or Repeat and Dangerous Sex Offender ($481.5) results in an offense level toLal rla
higher than Item 3, enter the offense level total- Otherwise, enter "i\'/A'. -
b. crlminol Hi3lory Cotegory
Ifthe provision for Terrorism ($3AI.4), Career Offender (S481- l), Armed Career Criminal ($481.4),
or Repeat and Dangerous Sex Offender ($481.5) results in a criminal history category higher than
nla
Item 4, enter the applicable criminal history category. Otherwise, enter "N/A".
!lntel the applitrblc guidolinr, rangc from Chaptel Five. Prlt -\. in rnonths-
12 to 18
8.
tr Check here if $5C1.2 (Limitation on Applicability ofStatutory IMinimum Penalties in Certain Cases) and
18 U.S-C. S 3553(e) - "The Safety Valve" - are applicable.
Undis€horged Term of Imprisonmenl; Anticlpoted Slote Term of lmprisonment (see S5Gl .3)
9. Senlenclng oplions (See Chopter Five, Sentencing Tobte ond SSSB t.t (o) ondSCt.l)
Check the applicable box that corre.-ponds to thc Cuidt'line Range entered in Item 6 or Item 7, if applicable
' Imprisonment' of at leaat one month plus eupentised release with a condition that
substituteo co!]Eunity confinement or home detention for imprisonment
(See 55Cr.1(cXz))
10.
r Zone D (See g5C 1.1 {o) & (f))
tr At least one year, but not mor€ than 6ve years ifthe offense level total is 6 or greater
m Qrdered because a sentence of imprisonment of more than one year is imposed (.See $5Df.l(aX2))-
T Is zot ordered although a sentence of more than one year is imposed, because it is not required by
statute ond the defendant Iikety will be deported after imprisonment (See $ 5D1.1(c)).
Ordered because it may be ordered in any other case (See $5D 1,1(b)).
Ifa statutorily required mandatory minimum term ofsupervised release for the offense impacts the
guideline range for the applicable Class of Offense above, also check this box, and list the statutory
minimum teror (See $5D 1.2(c)):
years mandatory minimum term of supervised release
- ollenee in
Ifan 18 U.S.C. $ 2332b(gX5)(B) that resulted in, or created a foreseeable risk of, death or
serious bodily injury to another person; or if a sex offense, the term of supervised release will not be
less than the minimum term established above, and may be up to life (See $EDI,Z(b)).
Policy Statement: Ifa sex offense, the statutor! moxirnu lerm ofsupervised release is recommended-
I l. Eeslilution
a, If restitution is applicable, enter the amount. Otherwise enter,.N/A,' and the reason:
$124,078.88 restitution based on tax loss + costs of costs of prosecution of $4,553,77
1 3. f ines (The Guideline Ronge lor Flnes for lndividuol Defendonts) (See SSE I .2)
q. Speciql Fine Provisions Minimum Moximum
Check box if any ofthe counLs ofconviction is for a statute with
a special frne provision. (This do"s rot include the general fine
provisions of 18 USC $ 35?1(b)(2) & (d).
Enter the sum of statutory maximum fines for all such counts. $
d. Ability to Poy
T Check this box ifthe defendant does not have an ability to pay.
llntcr i hc tolal arnort nt oi l Le statu tory SpeCial assessments rt:quired for a I ccunts ol convrct ion
. S100 for iach fi.lo l count ofcolrviction.
. Sl5 for- each ('lass -{ rnrsderneanol counL olconvicl.ion.
. \\hi tr' not su bli:ct to guideline sc n1 encing, the sp r:r ia I a ssc:ssrne nts lbr a []lass I ] misde rnci:r ror.
anrl l Class (' rnisdern,:tinor ol intraction at.c S10 ancl S5 per.couDt, r'cslle.ttv,i.l\.
IOIAI,: $200
15. Foclors Thot Moy Woront o Depr:rlwe (See S lB l.l (b))
Consider Chaptel Five, 1)art H (Spccific Otfc,ndel Characte.-isLrcs) ancl Part I{ (l)eparLurc's), and other.policy
statements and commentary tn lhc Guilcl.ines Llonual thaL might warrant consider.ation rn sentencing-
(See also the "l,ist. of lJepa l r u ro Provisions" inr:lu ded in the G u Lcle tites !.tal rr(l aile r the Inclox) -
16. foclors Thot Moy Worront o Varionce (See g lBt_l ic)) '
(lonsider l.he applir:able fadors in lil t,'.S.C- {i :Jb53(a) l.;il(en as;t $,hole