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Case 1:17-cr-00306-SCJ Document 3 Filed 09/07/17 Page 1 of 2

1:09-cr-00491-SCJ-LTW
USA v. Pleshchuk et al
Honorable Steve C Jones

Minute Sheet for proceedings held In Open Court on 09/07/2017.

TIME COURT COMMENCED: 4:20 P.M.

COURT REPORTER: David Ritchie
TIME COURT CONCLUDED: 5:45 P.M.
COURT INTERPRETER: Olga Gorenshteyn
TIME IN COURT: 1:25
DEPUTY CLERK: Pamela Wright
OFFICE LOCATION: Atlanta

DEFENDANT(S): [13]Roman Seleznev Present at proceedings

ATTORNEY(S) Kamal Ghali representing USA
PRESENT: Igor Litvak representing Roman Seleznev
** Catherine Dick for USA
PROCEEDING
Change of Plea;
CATEGORY:
MINUTE TEXT: Interpreter previously sworn. Defendant entered a negotiated plea of guilty
to Count 30 in case no. 1:09-cr-491-13-SCJ and Count 1 in case no. 1:17-
cr-306-SCJ, with remaining counts to be dismissed upon sentencing.
HEARING STATUS: Hearing Concluded

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Case 1:17-cr-00306-SCJ Document 3 Filed 09/07/17 Page 2 of 2

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'V:s.r>.r a.
ORIGINAL
G U I L T Y PLEA and PLEA A G R E E M E N T
United States Attorney
Northern District of Georgia

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMIN AL NO. 1:09-CR-491 (Northern District of Georgia) and CRIMIN AL NO.
l:17-CR-00306 (Transferred from the District of Nevada) i
The United States Attorney for the Northern District of Georgia, the United
States Attorney for the District of Nevada and the Criminal Division's Organized
Crime and Gang Section (collectively, "the Government") and Defendant Roman
Seleznev, enter into this plea agreement as set forth below in Part IV pursuant to
Rule 11 (c)(1)(B) of the Federal Rules of Criminal Procedure. Roman Seleznev,
Defendant, having received a copy of the above-numbered Indictments and

having been arraigned, hereby pleads GUILTY to Count 30 in Case No. 1:09-CR-
491 (Northern District of Georgia), Conspiracy to Commit Bank Fraud in

violation of 18 U.S.C. 1349 and Count 1 in Case No. 2:12-CR-0004 (District of

Nevada), Participation in a Racketeer Influenced Corrupt Organization ("RICO")

in violation of 18 U.S.C. 1962(c) and 1963.

1 Pursuant to Federal Rule of Criminal Procedure 20, Defendant Roman

Seleznev consented to a disposition of Case No. 2:12-CR-0004 (District of
Nevada) in the Northern District of Georgia. The Clerk's Office of the U.S.
District Court for the Northern District of Georgia assigned the following
number to the Nevada case: l:17-CR-00306-SCJ. For the sake of clarity, this Plea
Agreement refers to the case originally pending in the District of Nevada by its
original by case number 2:12-CR-0004 or simply as "the Nevada case," although
it is before the Court as case number 1:17-CR-00306-SCJ.
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I. A D M I S S I O N OF G U I L T

1. The Defendant admits that he is pleading guilty because he is in fact guilty

of the crimes charged in Count 30 in Case No. 1:09-CR-491 (Northern District of

Georgia) and Count 1 in Case No. 2:12-CR-0004 (District of Nevada) (RICO). He

further acknowledges that if he elected to go to trial instead of pleading guilty,

the Government could prove his guilt beyond a reasonable doubt and could

establish by preponderance of the evidence its right to forfeit the specified

property and obtain the criminal forfeiture money judgment. The defendant

further acknowledges that his admissions and declarations of fact set forth below

in the Factual Basis satisfy every element of the charged offenses. The defendant

waives any potential future claim that the facts he admitted in this Plea

Agreement were insufficient to satisfy the elements of the charged offenses.

II. A C K N O W L E D G M E N T & WAIVER OF R I G H T S

2. The Defendant understands that by pleading guilty, he is giving up the

right to plead not guilty and the right to be tried by a jury. At a trial, the

Defendant would have the right to an attorney, and if the Defendant could not

afford an attorney, the Court would appoint one to represent the Defendant at

trial and at every stage of the proceedings. During the trial, the Defendant

would be presumed innocent and the Government would have the burden of

proving him guilty beyond a reasonable doubt. The Defendant would have the

right to confront and cross-examine the witnesses against him. If the Defendant

wished, he could testify on his own behalf and present evidence in his defense,

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and he could subpoena witiiesses to testify on his behalf. If, however, the

Defendant did not wish to testify, that fact could not be used against him, and

the Government could not compel him to incriminate himself. If the Defendant

were found guilty after a trial, he would have the right to appeal the conviction.

3. The Defendant understands that by pleading guilty, he is giving up all of

these rights and there will not be a trial of any kind.

4. By pleading guilty. Defendant also gives up any and all rights to pursue

any affirmative defenses. Fourth Amendment or Fifth Amendment claims, and

other pretrial motions that have been filed or could have been filed.

5. The Defendant also understands that he ordinarily would have the right to

appeal his sentence and, under some circumstances, to attack the conviction and

sentence in post-conviction proceedings. By entering this Plea Agreement, the

Defendant may be waiving some or all of those rights to appeal and to

collaterally attack his conviction and sentence, as specified below.

6. Finally, the Defendant understands that, to plead guilty, he may have to

answer, under oath, questions posed to him by the Court concerning the rights

that he is giving up and the facts of this case, and the Defendant's answers, if

untruthful, may later be used against him in a prosecution for perjury or false

statements.

7. The defendant waives any and all challenges to venue.

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III. A C K N O W L E D G M E N T OF P E N A L T I E S

8. The Defendant understands that, based on his pleas of guilty, he will be

subject to the following maximum and mandatory minimum penalties:

As to Count 30 (Conspiracy to Commit Bank Fraud) i n Case No. 1:09-CR-491

(Northern District of Georgia):

a. Maximum term of imprisonment: 30 years.

b. Mandatory minimum term of imprisonment: None.

c. Term of supervised release: 0 to 5 years.

d. Maximum fine: $1,000,000.00, due and payable immediately.

e. Full restitution, due and payable immediately, to all victims of the

offense (s) and relevant conduct.

f. Mandatory special assessment: $100.00, due and payable

immediately.

g. Forfeiture of any and all proceeds from the commission of the

offense, any and all property used or intended to be used to facilitate

the offense, and any property involved in the offense.

As to Count 1 (RICO) in Case No. 2:12-CR-0004 (District of Nevada):

a. Maximum term of imprisonment: 20 years.

b. Mandatory minimum term of imprisonment: None.

c. Term of supervised release: 0 to 5 years.

d. Maximum fine: $250,000.00, due and payable immediately.

e. Full restitution, due and payable immediately, to all victims of the

offense(s) and relevant conduct.

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f. Mandatory special assessment: $100.00, due and payable

immediately.

g. Forfeiture of any and all proceeds from the commission of the

offense, any and all property used or intended to be used to facilitate

the offense, and any property involved in the offense.

9. The Defendant understands that, before imposing sentence in this case, the

Court will be required to consider, among other factors, the provisions of the

United States Sentencing Guidelines and that, under certain circumstances, the

Court has the discretion to depart from those Guidelines. The Defendant further

understands that the Court may impose a sentence up to and including the

statutory maximum as set forth in this paragraph and that no one can predict his

exact sentence at this time.

10. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that

pleading guilty may have consequences with respect to his immigration status if

he is not a citizen of the United States. Under federal law, a broad range of

crimes are removable offenses, including the offense to which the Defendant is

pleading guilty. Indeed, because the Defendant is pleading guilty to this offense,

removal is presumptively mandatory. Removal and other immigration

consequences are the subject of a separate proceeding, however, and the

Defendant understands that no one, including his attorney or the district court,

can predict to a certainty the effect of his conviction on his immigration status.

The Defendant nevertheless affirms that he wants to plead guilty regardless of

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any immigration consequences that his plea may entail, even if the consequence

is his automatic removal from the United States.

IV. PLEA A G R E E M E N T

11. The Defendant, his counsel, and the Government, subject to approval by

the Court, have agreed upon a negotiated plea in these cases, the terms of which

are as follows:

Dismissal of Counts

12. The Government agrees that, upon the entry of the Judgment and

Commitment Order, any and all remaining counts in the above-styled cases still

pending against Defendant shall be dismissed pursuant to Standing Order No.

07-04 of this Court and to Rule 48(a) of the Federal Rules of Criminal Procedure.

The Defendant understands that the Probation Office and the Court may still

consider the conduct underlying such dismissed counts in determining relevant

conduct under the Sentencing Guidelines and a reasonable sentence under Title

18, United States Code, Section 3553(a).

No Additional Charges

13. The Government agrees not to bring further criminal charges against the

Defendant related to the charges to which he is pleading guilty. The Defendant

understands that this provision does not bar prosecution by any other federal,

state, or local jurisdiction.

Factual Basis

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14. With respect to Case No. 1:09-CR-491 (Northern District of Georgia), the

parties agree that if this case went to trial, the Government would prove by

admissible evidence and beyond reasonable doubt the following facts:

(1) In November 2008, RBS WorldPay was headquartered in Atlanta, in the

Northern District of Georgia. RBS WorldPay was a wholly owned subsidiary of

Citizens Financial Group (CFG), a bank holding company as defined in the

Federal Deposit Insurance Act.

(2) RBS WorldPay processes credit and debit card transactions on behalf of

financial institutions. The transactions occur throughout the world and are

processed by electronic means. In November 2008, RBS WorldPay's computer

servers were located in the Northern District of Georgia.

(3) One of the services offered by RBS WorldPay is the processing of prepaid

payroll card transactions. Prepaid payroll cards are debit cards funded through

direct deposits from card holders' employers. Prepaid payroll cards allow

employers to pay their employees through direct deposits to prepaid payroll

card accounts, instead of using paychecks or direct deposits into employees'

bank accounts. Cash may be withdrawn by presenting the prepaid payroll card

to an automated teller machine and entering the card's PIN code. Prepaid payroll

cards may also be used to purchase goods and services from participating

merchants. Transactions associated with these cards are processed by RBS

WorldPay on behalf of its client financial institutions. Information related to

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these transactions is maintained by RBS WorldPay on the company's computer

network.

(4) At the time of the offense, RBS WorldPay processed the transactions

associated with prepaid debit cards issued by the following banks: RBS Citizens,

N . A.; Palm Desert National Bank; The Bankcorp, Inc.; and First Bank of

Delaware. Each of these issuing banks was federally insured. In addition to

being a federally insured financial institution, RBS Citizens, N.A., was a member

bank of the Federal Reserve System.

(5) On November 8, 2008, a group of hackers executed a coordinated scheme

to defraud RBS WorldPay, which was an Atlanta, Georgia-based entity that

processed credit and debit card transactions on behalf of financial institutions.

The hackers infiltrated RBS WorldPay computer systems and accessed 45.5

million debit card numbers. The hackers then chose 44 debit cards, that were

used by companies to pay their employees, and cracked the Personal

Identification Numbers ("PINS"); they then artificially inflated the balances on

those pre-paid payroll debit card accounts and distributed the card data to an

organized team of "cashers" positioned all over the world. A "casher" is an

individual who manages a group of people who fraudulently withdraw money

from ATM machines with stolen debit cards. The Defendant (who went by the

nickname "nCux") was one of these "cashers." The hackers and "cashers"

coordinated to withdraw over $9.4 million dollars from 2,100 ATMs in 280 cities

around the world in less than 12 hours.

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(5) In or around November 2008, Defendant was a lead casher who obtained a

RBS WorldPay card account number and PIN code from a co-conspirator,

knowing and intending that the information would be used to make fraudulent

withdrawals. Defendant distributed the card account information and the

associated PIN code knowing and intending that the information would be used

to make fraudulent ATM cards and to make fraudulent withdrawals. After the

Defendant's co-conspirators completed making fraudulent withdrawals.

Defendant's cashers returned the majority of the proceeds to Defendant outside

the United States. Defendant, in turn, returned a majority of his proceeds to a co-

conspirator also outside the United States.

(6) On or about November 8, 2008, Defendant obtained RBS WorldPay payroll

debit card account numbers xxxxxxxxxxxxSOlO, xxxxxxxxxxxx2717,

xxxxxxxxxxxx3364, xxxxxxxxxxxx0193, xxxxxxxxxxxx3786 and their associated

PIN code from a co-conspirator. Defendant distributed this information knowing

and intending that the information would be used to make fraudulent

withdrawals.

(7) The ATM withdrawals that the Defendant caused to be made were

processed, recorded, and debited electronically on the RBS WorldPay computer

network in the Northern District of Georgia.

(8) On or about November 8, 2008, Defendant and his recruits accomplished

approximately $2,178,349 of fraudulent ATM withdrawals from RBS WorldPay

payroll debit card account numbers listed above. In sum, on or about November

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8, 2008, approximately $9.4 million was fraudulently withdrawn from RBS

WorldPay as part of the scheme.

(9) Throughout the scheme, the Defendant used the online nickname

"Psycho," which is alternately represented in chat logs and other online forums

and mediums as "nCux," and "psih."

(10) From at least on or about November 8, 2008 through at least on or about

November 25, 2008, the Defendant and others did knowingly conspire to devise

a scheme and artifice to defraud a financial institution; and to obtain any of the

moneys, funds, credits, assets, securities, and other property owned by, and
under the custody and control of a financial institution, by means of false and

fraudulent pretenses, representations, and promises.

15. With respect to the RICO charge in Case No. 2:12-CR-0004 (District of

Nevada), the parties agree that if this case went to trial, the Government would

prove by admissible evidence and beyond reasonable doubt the following facts:

(1) From on or about January 10,2009 through in or around June 2011, in the

District of Nevada and elsewhere, the Defendant Roman Seleznev, a.k.a. Track2,

a.k.a. Bulba, a.k.a. Ncux, and his codefendants, including others known and

unknown, were members of, employed by, and associated with the Carder.su

organization described below, an enterprise engaging in, and the activities of

which affects interstate commerce, unlawfully, and knowingly did conduct and

participate, directly and indirectly, in the conduct of the affairs of Carder.su

through a pattern of racketeering activity described below:

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a. The Carder.su organization was a criminal enterprise that existed to

enrich its members and associates through acts of identity theft and financial

fraud, including, but not limited to, acts involving trafficking in stolen means of

identification; trafficking in, production, and use of counterfeit identification

documents; identity theft; trafficking in, production and use of unauthorized and

counterfeit access devices; and bank fraud; and whose members interfered with

interstate and foreign commerce through acts of identity theft and financial

fraud. The Carder.su organization facilitated the sale of contraband by its

members, including counterfeit documents, stolen bank account and credit

account information, and stolen personal identifying information. Members and

associates of the Carder.su organization operated in Las Vegas, Nevada, and

elsewhere.

b. The purposes of the Carder.su organization included the enrichment

of its members and associates through: the unlawful trafficking in means of

identification, document-making implements, counterfeit identification

documents, device-making equipment, and unauthorized and counterfeit access

devices; the creation, maintenance and control of a marketplace for the

distribution of stolen property, such as victims' personal and financial means of

identification; the protection of the Carder.su organization and its members from

detection, apprehension and prosecution by law enforcement; the preservation

and protection of Carder.su's operations and profits through the use of

discipline, expulsion, and other acts of retribution; and the promotion and

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enhancement of the reputation and standing of the enterprise and its members

among rivals. In addition to the victim financial institutions, thousands of

individuals were victimized by having their identities stolen.

c. Members of the Carder.su organization trafficked in, produced, and

transferred counterfeit identification documents; possessed document-making

implements; transferred, possessed, and used means of identification of another

person in the commission of and in connection with Bank Fraud affecting

interstate and foreign commerce; possessed fifteen (15) or more counterfeit and

unauthorized access devices affecting interstate and foreign commerce; trafficked

in and possessed device-making equipment affecting interstate and foreign

commerce; planned schemes to unlawfully obtain money and property from

banks and other financial institutions by way of fraud and material

misrepresentations and promises.

d. Members of Carder.su used various means of communication

designed to protect the membership's anonymity and to provide security for the

criminal enterprise from attack by other rival criminal organizations and from

law enforcement detection, including the use of: various website forums and

chatrooms controlled by the Carder.su organization, such as Carder.info,

Carder.su, Crdsu.su, Carder.biz, and Carder.pro, as online gathering places

which provided secure meeting locations for the members and associates of the

criminal enterprise; private messaging, which is a non-forum wide message sent

between individual members on the criminal organizations website forums; e-

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mail, some of which are encrypted and password protected, or use service

providers located outside of the United States; ICQ chat, which is a free instant

messaging electronic communication service; proxies, which are achieved by

bouncing from one computer to another to hide a member's true originating IP

address; Virtual Private Networks, which are similar to a proxy, but with the

addition of creating an encrypted tunnel that cannot be monitored; and protected

drop sites in the District of Nevada and elsewhere, in the event that there was a

need to transport, transfer, and receive physical contraband.

e. Members of the Carder.su organization have defined roles in the

enterprise, including Administrator, Moderator, Reviewers, Vendors, and

Members.

f. The Administrator of the Carder.su organization served as the head

of the organization and controlled the destiny of the enterprise. The

Administrator handled day-to-day management decisions, as well as long-term

strategic planning for the organization's continued viability. As the leader of the

enterprise, the Administrator determined which individuals could become and

remain members of Carder.su. He bestowed the rewards accorded members for

their loyalty to the organization, and set the punishment for members evidencing

disloyalty to the organization. The Administrator had ultimate responsibility for

the administration, maintenance, anonymity, and security of the Carder.su

organization's computer servers, as well as for the content of the Carder.su

organization's Internet website forums.

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g. Moderators acted as leaders of the enterprise, directing other

members and associates in carrying out unlawful activities in furtherance of the

enterprise's affairs. Moderators were leaders of Carder.su, who oversaw and

managed Carder.su by: monitoring and policing the organization's websites;

editing and deleting members' posts on the organization's forums; by mediating

disputes among the members; and reviewing particular products or services

provided through the enterprise with which they have an expertise.

h. Reviewers examined and tested products and services that members

of the Carder.su organization wished to advertise and sell on the Carder.su

organization's websites. Once Reviewers completed their examination of the

products and services, they would post a written summary of that examination

on the Carder.su organization's websites. A favorable written review was a

prerequisite to selling contraband on the websites. Although most Reviewers

primarily served as Administrators or Moderators of the enterprise, any

qualified individual could be appointed at any time by the Administrator to

conduct a review.

i. Vendors advertised and sold products, services, and other

contraband to members of the Carder.su organization by way of the Carder.su

organization's websites after having received a favorable written review from a

Reviewer. To receive a favorable review, a prospective Vendor had to ship

multiple samples of product or provide access to services to a Reviewer to

facilitate completion of the review. Contact between a prospective Vendor and a

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Reviewer was usually made through private email messaging or public posting

in the appropriate section of the Carder.su organization's websites.

j. Members were individuals who used the Carder.su organization's

vendors, by way of the organization's websites, to buy products and services,

such as credit card information, false identification documents, and other

contraband. Members also shared information through the organization's

websites to teach other members how to engage in new criminal activities, and

how to best perpetrate existing criminal schemes. An individual seeking

membership in the Carder.su organization had to complete a number of security

features designed to protect the organization from infiltration by law

enforcement or members of rival criminal organizations. One such security

feature required two current members in good standing to vouch for a

prospective member. Disputes between members were settled by the

Administrator or Moderators. If a member was found to be disloyal or have

behaved in a manner that impeded achieving the common objectives of the

Carder.su organization, the Administrator would strip the member's

membership, and bar the member from accessing the Carder.su organization's

websites.

(2) On or about January 10, 2009, the Defendant joined the Carder.su

organization. The Defendant operated as a vendor on the Carder.su organization

by using the nickname of "Track2," "Bulba" or "Ncux" on the organization's

websites. The Defendant was a vendor of dumps in the Carder.su organization.

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The Defendant sold members such a large volume of product that he created an

automated website, which he advertised on the Carder.su organization's

websites. His automated website allowed members to log into and purchase

stolen credit card account data. The Defendant's website had a simple interface

that allowed members to search for the particular type of credit card information

they wanted to buy, add the number of accounts they wished to purchase to their

"shopping cart" and then check out. Payment of funds was automatically

deducted from an already-established account funded through L.R., an on-line

digital currency payment system. Upon checking out, the purchased credit card

account data was available for the members to download. The Defendant sold

each account number for approximately twenty dollars ($20). The Defendant's

criminal activities in furtherance of the enterprise included, but were not limited

to, conspiracy to possess and possession of fifteen (15) or more counterfeit and

unauthorized access devices.

(3) On or about January 20,2011, the Defendant possessed twenty-nine (29)

unauthorized access devices, that is twenty-nine (29) compromised credit card

and debit card account numbers, all at the same time. Such Possession of Fifteen

or More Unauthorized Access Devices constitutes a violation of Title 18, United

States Code, Sections 1029(a)(3) and (h), which is a racketeering activity as

defined in Title 18, United States Code, Section 1961(1).

(4) On or about March 18, 2011, the Defendant possessed twenty (20)

unauthorized access devices, that is twenty (20) compromised credit card and

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debit card account numbers, all at the same time. Such Possession of Fifteen or

More Unauthorized Access Devices constitutes a violation of Title 18, United

States Code, Sections 1029(a)(3) and (h), which is a racketeering activity as

defined in Title 18, United States Code, Section 1961(1).

(5) The Carder.su organization's criminal activities resulted in loss to its

victims of at least $50,893,166.35.

Sentencing Guidelines Recommendations

Base/Adjusted Offense Level Stipulations

16. Based upon the evidence currently known to the Government, the

Government will recommend and the Defendant agrees to the following

applications of the Sentencing Guidelines with respect to Case No. 1:09-CR-491

(Northern District of Georgia):

(a) The applicable offense guideline is Section 2B1.1, with a base offense level

of 7 under Section 2Bl.l(a)(l);

(b) The amount of loss resulting from the offense of conviction and all

relevant conduct is at least $1,500,000 but less than $3,500,000, resulting in a 16-

level enhancement under U.S.S.G. 2B1.1(b)(1)(I);

(c) A substantial part of a fraudulent scheme was committed from outside the

United States. In addition, the offense otherwise involved sophisticated means

and the defendant intentionally engaged in or caused the conduct constituting

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sophisticated means. On either ground, the result is a 2-level enhancement under

U.S.S.G. 2Bl.l(b)(10);

(d) The offense involved the production or trafficking of any unauthorized

access device or counterfeit access device under U.S.S.G. 2Bl.l(b)(ll), resulting

in a 2-level enhancement;

(e) The offense involved 10 or more victims under U.S.S.G. 2B1.1(b)(2),

resulting in a 2-level enhancement;

(f) Defendant was an organizer or leader of a criminal activity that involved

five or more participants or was otherwise extensive, resulting in a 4-level

enhancement under U.S.S.G. 3Bl.l(a).

17. Based upon the evidence currently known to the Government, the

Government will recommend and the Defendant agrees to the following

applications of the Sentencing Guidelines with respect to Case No. 2:12-0004

(District of Nevada):

(a) The applicable base offense level is 6 pursuant to U.S.S.G. 2B1.1(a)(2);

(b) The amount of loss is more than $25,000,000 and less than $65,000,000,

resulting in a 22-level enhancement pursuant to U.S.S.G. 2Bl.l(b)(l)(K);

(c) The offense involved 10 or more victims, resulting in a 2-level

enhancement pursuant to U.S.S.G. 2B1.1 (b)(2)(A);

(d) The offense involved receiving stolen property and the defendant was in

the business of receiving and selling stolen property, resulting in a 2-level

enhancement pursuant to U.S.S.G. 2B1.1(b)(4);

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(e) A substantial part of a fraudulent scheme was committed from outside the

United States. In addition, the offense otherwise involved sophisticated means

and the defendant intentionally engaged in or caused the conduct constituting

sophisticated means. On either ground, the result is a 2-level enhancement under

U.S.S.G. 2Bl.l(b)(10).

(f) The offense involved the production or trafficking of any unauthorized

access device or counterfeit access device under U.S.S.G. 2Bl.l(b)(ll), resulting

in a 2-level enhancement.
Acceptance of Responsibility

18. The Government will recommend with respect to both cases that the

Defendant receive the two-level adjustment for acceptance of responsibility

pursuant to Section 3E1.1 of the Sentencing Guidelines, and the additional one-

level adjustment if the offense level is 16 or higher. However, the Government

will not be required to recommend acceptance of responsibility if, after entering

this Plea Agreement, the Defendant engages in conduct inconsistent with

accepting responsibility. Thus, by way of example only, should the Defendant

falsely deny or falsely attempt to minimize Defendant's involvement in relevant

offense conduct, give conflicting statements about Defendant's involvement, fail

to pay the special assessment, fail to meet any of the obligations set forth in the

Financial Cooperation Provisions set forth below, or participate in additional

criminal conduct, including unlawful personal use of a controlled substance, the

Government will not be required to recommend acceptance of responsibility.

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Right to Answer Questions, Correct Misstatements,

and Make Recommendations

19. The parties reserve the right to inform the Court and the Probation Office

of all facts and circumstances regarding the Defendant and this case, and to

respond to any questions from the Court and the Probation Office and to any

misstatements of fact or law. Except as expressly stated elsewhere in this Plea

Agreement, the parties also reserve the right to make recommendations

regarding application of the Sentencing Guidelines. The parties understand,

acknowledge, and agree that there are no agreements between the parties with

respect to any Sentencing Guidelines issues other than those specifically listed.

Right to Inform

20. With regard to the Government's recommendation as to any specific

application of the Sentencing Guidelines as set forth elsewhere in this Plea

Agreement, the Defendant understands and agrees that, should the Government

obtain or receive additional evidence concerning the facts underlying any such

recommendation, the Government will bring that evidence to the attention of the

Court and the Probation Office.

Sentencing Recommendations
Concurrent Sentences

21. The Government agrees to recommend that any custodial sentences

imposed as a result of the guilty pleas to Count 30 of Criminal Case No. 1:09-CR-

491 pending in the U.S. District Court for the Northern District of Georgia and

Count 1 of Criminal Case No. 2:12-CR-0004 in the U.S. District Court for Nevada
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transferred by Rule 20 Motion to the U.S. District Court for the Northern District

of Georgia run concurrent to each other and to the sentence imposed on the

Defendant by the U.S. District Court for the Western District of Washington in

Case Number 2:ll-CR-00070-RAJ-l.

Government's Recommendation

22. The parties agree that the defendant's offense level for the Criminal Case

No. 2:12-CR-0004 in the U.S. District Court for Nevada, after acceptance of

responsibility, is Level 33, resulting in a 135-168 month guidelines range if

Probation determines that the defendant has a Criminal History Category I , and

151-188 month guidelines range if Probation determines that the defendant has a

Criminal History Category 11. The government agrees that it will not seek a

custodial sentence in the Nevada case above 168 months.

23. The parties agree that the defendant's offense level for the Criminal Case

1:09-CR-491 pending in the U.S. District Court for the Northern Disfarict of

Georgia, after acceptance of responsibility, is Level 30, resulting in a 97-121

month guidelines range if Probation determines that the defendant has a

Criminal History Category 1, and a 108-135 month guidelines range if Probation

determines that the defendant has a Criminal History Category 11. The

government agrees that it will not seek a custodial sentence in the Georgia case

above 121 months.

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Defendant's Recommendation

24. Notwithstanding the Defendant's agreement to the Factual Basis and the

appropriate Sentencing Guidelines in each case, the Defendant reserves the right

to seek a sentence below the Sentencing Guidelines.

Restitution

25. As part of Case No. 1:09-CR-491, the Defendant agrees to pay $2,178,349 as

restitution to the Clerk of Court for distribution to the following victims of the

offense(s) to which he is pleading guilty and all relevant conduct, including, but

not limited to, any counts dismissed as a result of this Plea Agreement:

RBS WorldPay $2,178,349

26. As part of Case No. 2:12-CR-0004 (Dishrict of Nevada), the Defendant

agrees to pay $50,893,166.35, as restitution for the offense to which he is pleading

guilty and all relevant conduct, including, but not limited to, any counts

dismissed as a result of this Plea Agreement. The Government and the Defendant

further agree that the Defendant is jointly and severally liable with the

codefendants i n this case (2:12-CR-0004 (District of Nevada)) as well as those

defendants i n Dishrict of Nevada Case Numbers 2:12-CR-083; 2:12-CR-084; and

2:13-CR-120.

27. The Defendant cannot discharge his restitution obligation through

bankruptcy proceedings. The Defendant acknowledges that restitution payments

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and obligations cannot offset or reduce the amount of any forfeiture judgment

imposed in this case.

Forfeiture

28. The Defendant waives and abandons his interest in any property that may

have been seized in connection with these cases. The Defendant agrees to the

administrative or judicial forfeiture or the abandonment of any seized property.

The Defendant agrees to hold the United States and its agents and employees

harmless from any claims made in connection with the seizure, forfeiture, or

disposal of property connected to this case. The Defendant acknowledges that

the United States will dispose of any seized property, and that such disposal may

include, but is not limited to, the sale, release, or destruction of the seized

property. The Defendant agrees to waive any and all constitutional, statutory,

and equitable challenges in any manner (including direct appeal, habeas corpus,

or any other means) to the seizure, forfeiture, and disposal of any property

connected to this case on any grounds.

29. The Defendant acknowledges that he is not entitled to use forfeited assets

to satisfy any fine, restitution, cost of imprisonment, tax obligations, or any other

penalty the Court may impose upon the Defendant in addition to forfeiture.

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Financial Cooperation Provisions

Special Assessment

30. The Defendant understands that the Court will order him to pay a special

assessment in the amount of $200.

Fine/Restitution - Terms of Payment

31. The Defendant agrees to pay any fine and/or restitution imposed by the

Court to the Clerk of Court for eventual disbursement to the appropriate account

and/ or victim(s). The Defendant also agrees that the full fine and/or restitution

amount shall be considered due and payable immediately. If the Defendant

cannot pay the full amount immediately and is placed in custody or under the

supervision of the Probation Office at any time, he agrees that the custodial

agency and the Probation Office will have the authority to establish payment

schedules to ensure payment of the fine and/or restitution. The Defendant

understands that this payment schedule represents a minimum obligation and

that, should Defendant's financial situation establish that he is able to pay more

toward the fine and/or restitution, the Government is entitled to pursue other

sources of recovery of the fine and/or restitution. The Defendant further agrees

to cooperate fully in efforts to collect the fine and/ or restitution obligation by

any legal means the Government deems appropriate. Finally, the Defendant and

his counsel agree that the Government may contact the Defendant regarding the

collection of any fine and/or restitution without notifying and outside the

presence of his counsel.

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Financial Disclosure

32. The Defendant agrees that Defendant will not sell, hide, waste, encumber,

destroy, or otherwise devalue any such asset worth more than $1,000 before

sentencing, without the prior approval of the Government. The Defendant

understands and agrees that Defendant's failure to comply with this provision of

the Plea Agreement should result in Defendant receiving no credit for acceptance

of responsibility.

33. The Defendant agrees to cooperate fully in the investigation of the amount

of restitution and fine; the identification of funds and assets in which he has any

legal or equitable interest to be applied toward restitution and/or fine; and the

prompt payment of restitution or a fine.

34. The Defendant's cooperation obligations include: (A) fully and truthfully

completing the Department of Justice's Financial Statement of Debtor form, and

any addenda to said form deemed necessary by the Government, within ten days

of the change of plea hearing; (B) submitting to a financial deposition or

interview (should the Government deem it necessary) prior to sentencing

regarding the subject matter of said form; (C) providing any documentation

within his possession or control requested by the Government regarding his

financial condition and that of his household; and (D) fully and truthfully

answering all questions regarding his past and present financial condition and

that of his household in such interview(s); and (E) providing a waiver of his

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privacy protections to permit the Government to access his credit report and tax

information held by the Internal Revenue Service.

35. So long as the Defendant is completely truthful, the Government agrees

that anything related by the Defendant during his financial interview or

deposition or in the financial forms described above cannot and will not be used

against him in the Government's criminal prosecution. However, the

Government may use the Defendant's statements to identify and to execute upon

assets to be applied to the fine and/ or restitution in this case. Further, the

Government is completely free to pursue any and all investigative leads derived

in any way from the interview(s)/ deposition(s)/ financial forms, which could

result in the acquisition of evidence admissible against the Defendant in

subsequent proceedings. If the Defendant subsequently takes a position in any

legal proceeding that is inconsistent with the

interview(s) / deposition(s) / financial forms-whether in pleadings, oral argument,

witness testimony, documentary evidence, questioning of witnesses, or any other

manner-the Government may use the Defendant's

interview(s)/deposition(s)/financial forms, and all evidence obtained directly or

indirectly therefrom, in any responsive pleading and argument and for cross-

examination, impeachment, or rebuttal evidence. Further, the Government may

also use the Defendant's interview(s)/deposition(s)/financial forms to respond

to arguments made or issues raised sua sponte by the Magistrate or District

Court.

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Recommendations/Stipulations Non-binding

36. The Defendant understands and agrees that the recommendations of the

Government incorporated within this Plea Agreement, as well as any

stipulations of fact or guideline computations incorporated within this Plea

Agreement or otherwise discussed between the parties, are not binding on the

Court and that the Court's failure to accept one or more of the recommendations,

stipulations, and/ or guideline computations will not constitute grounds to

withdraw his guilty plea or to claim a breach of this Plea Agreement.

Limited Waiver of Appeal

37. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by

federal law, the Defendant voluntarily and expressly waives the right to appeal

his conviction and sentence and the right to collaterally attack his conviction and

sentence in any post-conviction proceeding (including, but not limited to,

motions filed pursuant to 28 U.S.C. 2255) on any ground, except that the

Defendant may file a direct appeal of an upward departure or upward variance

above the sentencing guideline range as calculated by the district court. Claims

that Defendant's counsel rendered constitutionally ineffective assistance are

excepted from this waiver. The Defendant understands that this Plea Agreement

does not limit the Government's right to appeal, but if the Government initiates a

direct appeal of the sentence imposed, the Defendant may file a cross-appeal of

that same sentence.

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Miscellaneous Waivers
FOIA/Privacy Act Waiver

38. The Defendant hereby waives all rights, whether asserted directly or by a

representative, to request or receive from any department or agency of the

United States any records pertaining to the investigation or prosecution of this

case, including, without limitation, any records that may be sought under the

Freedom of Information Act, Title 5, United States Code, Section 552, or the

Privacy Act of 1974, Title 5, United States Code, Section 552a.

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No Other Agreements

39. There are no other agreements, promises, representations, or

understandings between the Defendant and the Government.

In Open Court this ' / day of ^ ^ f ^ 0 ^ ^ . "TO I 1

f4i ^
/"'I^MMr
SIG^A^ttl^E (Attorney for
^ C
S I G ^ T U R E (Defendant)
De^rid^t)
IgofLitvak /-"""A Roman Seleznev

SIGNATURE (AssisfentJJnited States Attorney)

Kama\[ Ghali.

SigNATpRE (Approving Official)

Steven D. Grimberg

^ C f N A T U R E (Trial Attorney,
Organized Crime and Gang Section)
Catherine Dick

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I have read the Indictmen^against me and have discussed it with my

attorney. I understand the charges and the elements of each charge that the

Government would have to prove to convict me at a trial. 1 have read the

foregoing Plea Agreement and have carefully reviewed every part of it with my

attorney. I understand the terms and conditions contained in the Plea

Agreement, and I voluntarily agree to them. I also have discussed with my

attorney the rights I may have to appeal or challenge my conviction and

sentence, and I understand that the appeal waiver contained in the Plea

Agreement w i l l prevent me, with the narrow exceptions stated, from appealing

my conviction and sentence or challenging my conviction and sentence in any

post-conviction proceeding. No one has threatened or forced me to plead guilty,

and no promises or inducements have been made to me other than those

discussed i n the Plea Agreement. The discussions between my attorney and the

Government toward reaching a negotiated plea in this case took place with my

permission. I am fully satisfied with the representation provided to me by my

attorney in this case.

S I G N A M R E (Defendant) DATE
Rom ar/Seleznev

1 am Roman Seleznev's lawyer. I have carefully reviewed the charges and the

Plea Agreement with my client. To my knowledge, my client is making an

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 Case 1:17-cr-00306-SCJ Document 3-1 Filed 09/07/17 Page 31 of 32

mformed and voluntary decision to plead guilty and to enter into the Plea
Agreement.
J4
S I G R A ^ ^ F f D e l f ^ s e Attorney) DATE
Igor L i j t i ^

Roman Seleznev

State Bar of Georgia Number

Filed in Open Court

This day of , 2CL_

By

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U. S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only. There may be other
penalties imposed at sentencing.

ACCOUNT INFORMATION
CRIMINAL ACTION NO.: 1:09-CR-491 and l:17-CR-00306
DEFENDANT'S NAME: Roman Seleznev
PAY THIS AMOUNT: $200.00

Instructions:
1. Payment must be made by certified check or money order payable to:
Clerk of court, U.S. District Court
*personal checks will not be accepted*
2. Payment must reach the clerk's office within 30 days of the entry of your
guilty plea
3. Payment should be sent or hand delivered to:
Clerk, U.S. Dishrict Court
2211 U.S. Courthouse
75 Ted Turner Drive S.W.
Atlanta, Georgia 30303
(Do Not Send Cash)
4. Include defendant's name on certified check or money order.
5. Enclose this coupon to insure proper and prompt application of payment.
6. Provide proof of payment to the above-signed AUSA within 30 days of the
guilty plea.

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