Case 2:21-cr-20157-DPH-APP ECF No. 12, PageID.

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United States District Court

United States of America,

Plaintiff,
Hon. Denise Page Hood
v.
Case No. 2:21-cr-20157
D-1 Mark Rocca,

Defendant.
/

Plea Agreement
The United States of America and the defendant, Mark Rocca,

have reached a plea agreement under Federal Rule of Criminal

Procedure 11. The plea agreement’s terms are:

1. Count of Conviction

The defendant will waive his right to an indictment and will plead

guilty to Count 1 of the Information. Count 1 charges the defendant

with Conspiracy to Launder Monetary Instruments under Title 18,

United States Code, Section 1956(h).

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2. Statutory Minimum and Maximum Penalties

The defendant understands that the counts to which he is

pleading guilty carry the following minimum and maximum statutory

penalties:

Count 1 Term of imprisonment: 0-20 years

Fine: $500,000.00 dollars

Term of supervised release: Not more than 3 years

3. Agreement Not to Bring Additional Charges

If the Court accepts this agreement and imposes sentence

consistent with its terms, the United States Attorney’s Office for the

Eastern District of Michigan will not bring additional firearm and drug

charges against the defendant for additional conduct outlined in the

factual basis.

4. Elements of Count of Conviction

The elements of Count 1 are:

(1) Two or more persons, conspired together;

(2) To conduct or attempts to conduct;

(3) A financial transaction;

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(4) Knowing that the property involved in such a financial

transaction represents the proceeds of some form of unlawful

activity, specifically Title 18, United States Code, Section 1960

(defined below);

(5) Which in fact involves the proceeds of specified unlawful activity;

(6) While acting with the intent to promote the carrying on of the

specified unlawful activity.

The Elements of Title 18, United States Code, Section 1960 are:

(7) Rocca knowingly conducted, controlled, managed, supervised,

directed, or owned all or part of a money transmitting business.

(8) Which affected interstate or foreign commerce in some manner or

degree.

(9) While failing to comply with the money transmitting business

registration requirements under 31 U.S.C. § 5330, or regulations

prescribed under that section.

Factual Basis

The parties agree that the following facts are true, accurately

describe the defendant’s role in the offense, and provide a sufficient

factual basis for the defendant’s guilty plea:

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Mark Rocca conspired with others to launder money (Bitcoin and

U.S. Dollars) as the owner and manager of the “CRYPTO COIN

CENTER,” which is located in Detroit, Michigan, in the Eastern District

of Michigan.

The “CRYPTO COIN CENTER,” while under Rocca’s

management, functioned as an unlicensed money transmitting

business, which affected interstate commerce by buying and selling

Bitcoin for U.S. Dollars.

At no point did Rocca ever comply with the money transmitting

business registration requirements under 31 U.S.C. § 5330, or

regulations prescribed under that section. When questioned by agents,

Rocca admitted he was aware he needed to register as a money service

business with the Department of Treasury, and admitted he knew he

was operating the business illegally.

Throughout the conspiracy, Rocca never required any customers

to produce identification, and did not keep any records of any of the

financial transactions. Because Rocca’s business required no

identification, he was able to charge exchange fees in excess of ten times

what a legitimate financial institution would charge.

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Rocca also admitted that throughout the entire time he owned and

operated the “CRYPTO COIN CENTER,” he did not file federal income

taxes for himself or his business.

Throughout the conspiracy, Rocca hired multiple employees to

accept Bitcoin transactions. Rocca advertised the service on Craigslist.

When agents searched the “CRYPTO COIN CENTER,” they seized

$ 29,699.00 Dollars, 2 firearms (a Cole 1911 handgun, and a Remington

870 Shotgun), ammunition, user amounts of cocaine and other

prescription drugs, gift cards, and discovered a large unlicensed

marijuana grow operation managed by Rocca, also without requisite

state licenses.

Rocca invested proceeds of the illicit money transmitting business

into the “CRYPTO COIN CENTER” to promote the business and

sustain the money laundering operation. Between January 1, 2019, and

November 18 2020, Rocca, while owning and operating the “CRYPTO

COIN CENTER,” made at least 380 illegal exchanges of cryptocurrency

for U.S. Dollars. None of these transactions complied with state or

federal law. The total amount of the transactions was at least $

224,993.00 Dollars.

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5. Advice of Rights

The defendant has read the Information, has discussed the

charges and possible defenses with his attorney, and understands the

crime charged. The defendant understands that, by pleading guilty, he

is waiving many important rights, including the following:

A. The right to plead not guilty and to persist in that plea;

B. The right to a speedy and public trial by jury;

C. The right to be represented by counsel—and, if necessary,

have the court appoint counsel—at trial;

D. The right to be presumed innocent and to require the

government to prove the defendant guilty beyond a reasonable

doubt at trial;

E. The right to confront and cross-examine adverse witnesses

at trial;

F. The right to testify or not to testify at trial, whichever the

defendant chooses;

G. If the defendant chooses not to testify at trial, the right to

have the jury informed that it may not treat that choice as

evidence of guilt;

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H. The right to present evidence or not to present evidence at

trial, whichever the defendant chooses; and

I. The right to compel the attendance of witnesses at trial.

6. Collateral Consequences of Conviction

The defendant understands that his conviction here may carry

additional consequences under federal or state law. The defendant

understands that, if he is not a United States citizen, his conviction

here may require him to be removed from the United States, denied

citizenship, and denied admission to the United States in the future.

The defendant further understands that the additional consequences of

his conviction here may include, but are not limited to, adverse effects

on the defendant’s immigration status, naturalized citizenship, right to

vote, right to carry a firearm, right to serve on a jury, and ability to hold

certain licenses or to be employed in certain fields. The defendant

understands that no one, including the defendant’s attorney or the

Court, can predict to a certainty what the additional consequences of

the defendant’s conviction might be. The defendant nevertheless affirms

that the defendant chooses to plead guilty regardless of any

immigration or other consequences from his conviction.

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7. Defendant’s Guideline Range

A. Court’s Determination

The Court will determine the defendant’s guideline range at

sentencing.

B. Acceptance of Responsibility

The government recommends under Federal Rule of Criminal

Procedure 11(c)(1)(B) that the defendant receive a two-level reduction

for acceptance of responsibility under USSG § 3E1.1(a). Further, if the

defendant’s offense level is 16 or greater and the defendant is awarded

the two-level reduction under USSG § 3E1.1(a), the government

recommends that the defendant receive an additional one-level

reduction for acceptance of responsibility under USSG § 3E1.1(b). If,

however, the government learns that the defendant has engaged in any

conduct inconsistent with acceptance of responsibility—including, but

not limited to, making any false statement to, or withholding

information from, his probation officer; obstructing justice in any way;

denying his guilt on the offenses to which he is pleading guilty;

committing additional crimes after pleading guilty; or otherwise

demonstrating a lack of acceptance of responsibility as defined in USSG

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§ 3E1.1—the government will be released from its obligations under

this paragraph, will be free to argue that the defendant not receive any

reduction for acceptance of responsibility under USSG § 3E1.1, and will

be free to argue that the defendant receive an enhancement for

obstruction of justice under USSG § 3C1.1.

C. Other Guideline Recommendations

The parties also recommend under Federal Rule of Criminal

Procedure 11(c)(1)(B) that the following guideline provisions apply:

The parties agree that the loss amount, Pursuant to 2S1.1 and 2B1.1 of

the U.S.S.G. is at least $ 250,000.00 Dollars but less than $550,000.00

Dollars (See 2B1.1(b)(1)(G)).

D. Factual Stipulations for Sentencing Purposes

The parties stipulate that the following facts are true and that the

Court may, but is not required to, rely on them in calculating the

defendant’s guideline range and imposing sentence:

Between January 1, 2019, and November 18, 2020, the parties

stipulate that the total loss amount ROCCA laundered through the

“CRYPTO COIN CENTER” was more than $ 250,000.00 Dollars, but

less than $ 550,000.00 Dollars.

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E. Parties’ Obligations

Both the defendant and the government agree not to take any

position or make any statement that is inconsistent with any of the

guideline recommendations or factual stipulations in paragraphs 13.B,

13.C, or 13.D. Neither party is otherwise restricted in what it may

argue or present to the Court as to the defendant’s guideline

calculation.

F. Not a Basis to Withdraw

The defendant understands that he will have no right to withdraw

from this agreement or withdraw his guilty plea if he disagrees, in any

way, with the guideline range determined by the Court, even if that

guideline range does not incorporate the parties’ recommendations or

factual stipulations in paragraphs 13.B, 13.C, or 13.D. The government

likewise has no right to withdraw from this agreement if it disagrees

with the guideline range determined by the Court.

8. Imposition of Sentence

A. Court’s Obligation

The defendant understands that in determining his sentence, the

Court must calculate the applicable guideline range at sentencing and

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must consider that range, any possible departures under the sentencing

guidelines, and the sentencing factors listed in 18 U.S.C. § 3553(a), and

apply any applicable mandatory minimums.

B. Imprisonment

1. Recommendation

Under Federal Rule of Criminal Procedure 11(c)(1)(B), the

government recommends that the defendant’s sentence of imprisonment

on Count 1 not exceed the bottom of the defendant’s guideline range as

determined by the Court.

2. No Right to Withdraw

The government’s recommendation in paragraph 8.B.1 is not

binding on the Court. The defendant understands that he will have no

right to withdraw from this agreement or withdraw his guilty plea if the

Court decides not to follow the government’s recommendation. The

government likewise has no right to withdraw from this agreement if

the Court decides not to follow the government’s recommendation. If

however, the Court rejects or purports to reject any other term or terms

of this plea agreement, the government will be permitted to withdraw

from the agreement.

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C. Supervised Release

1. Recommendation

Under Federal Rule of Criminal Procedure 11(c)(1)(B), the parties

recommend that the Court impose a three-year term of supervised

release.

2. No Right to Withdraw

The parties’ recommendation is not binding on the Court. The

defendant understands that he will have no right to withdraw from this

agreement or withdraw his guilty plea if the Court decides not to follow

the parties’ recommendation. The defendant also understands that

the government’s recommendation concerning the length of the

defendant’s sentence of imprisonment, as described above in paragraph

8.B.1, will not apply to or limit any term of imprisonment that results

from any later revocation of the defendant’s supervised release.

D. Fines

There is no recommendation or agreement as to a fine.

E. Forfeiture

Pursuant to 18 U.S.C. § 982(a)(1), defendant agrees to forfeit to

the United States his interest in all property, real or personal, involved

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in his participation in the conspiracy to commit money laundering, or

any property traceable to such property. As part of this agreement,

Defendant agrees to forfeit the following as property involved in, or

which facilitated, the money laundering conspiracy: $29,669.00 U.S.

Currency; Remington 870 shotgun, serial number AB380852M and any

associated ammunition; Colt 1911 pistol, serial number FL15419E and

any associated ammunition; and any electronic devices involved in the

commission of the offense.

Defendant agrees to the entry of one or more orders of forfeiture

incorporating the forfeiture described in this agreement, including the

prompt entry of a Preliminary Order of Forfeiture, upon application by

the United States at, or any time before, his sentencing in this case.

Defendant agrees to sign such an order, indicating he consents to its

entry, if requested to do so by the Government. Defendant agrees that

the forfeiture order will become final as to his interests when it is

entered by the Court.

Defendant acknowledges that he understands that the forfeiture

of assets is part of the sentence that may be imposed in this case and

waives any failure by the Court to advise him of this, pursuant to Fed.

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R. Crim. P. 11(b)(1)(J), or otherwise, at the time his guilty plea is

accepted.

Defendant expressly waives his right to have any determination

regarding the forfeitability of property, whether by judge or by jury,

under Rule 32.2 of the Federal Rules of Criminal Procedure. Defendant

also waives the requirements of Federal Rule of Criminal Procedure

32.2 regarding notice of forfeiture in the charging instrument,

announcement of forfeiture at sentencing, and incorporation of

forfeiture in the judgment.

Defendant knowingly, voluntarily, and intelligently waives all

constitutional and statutory challenges to any forfeiture carried out in

accordance with this plea agreement on any grounds, including the

Excessive Fines Clause of the Eighth Amendment.

F. Special Assessment

The defendant understands that he will be required to pay a

special assessment of $100 Dollars, due immediately upon sentencing.

9. Appeal Waiver

The defendant waives any right he may have to appeal his

conviction on any grounds. If the defendant’s sentence of imprisonment

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does not exceed the top of the guideline range determined by the Court,

the defendant also waives any right he may have to appeal his sentence

on any grounds.

10. Collateral Review Waiver

The defendant retains the right to raise claims alleging ineffective

assistance of counsel or prosecutorial misconduct, as long as the

defendant properly raises those claims by collateral review under 28

U.S.C. § 2255. The defendant also retains the right to pursue any relief

permitted under 18 U.S.C. § 3582(c), as long as the defendant properly

files a motion under that section. The defendant, however, waives any

other right he may have to challenge his conviction or sentence by

collateral review, including, but not limited to, any right he may have to

challenge his conviction or sentence on any grounds under 28 U.S.C.

§ 2255 (except for properly raised ineffective assistance of counsel or

prosecutorial misconduct claims, as described above), 28 U.S.C. § 2241,

or Federal Rule of Civil Procedure 59 or 60.

11. Consequences of Withdrawal of Guilty Plea or Vacation of

If the defendant is allowed to withdraw his guilty plea, or if the

defendant’s conviction or sentence under this agreement is vacated, the

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government may reinstate any charges against the defendant that were

dismissed as part of this agreement and may file additional charges

against the defendant relating, directly or indirectly, to any of the

conduct underlying the defendant’s guilty plea or any relevant conduct.

If the government reinstates any charges or files any additional charges

as permitted by this paragraph, the defendant waives his right to

challenge those charges on the ground that they were not filed in a

timely manner, including any claim that they were filed after the

limitations period expired.

12. Use of Withdrawn Guilty Plea

The defendant agrees that if he is permitted to withdraw his

guilty plea for any reason, he waives all of his rights under Federal

Rule of Evidence 410, and the government may use his guilty plea, any

statement that the defendant made at his guilty plea hearing, and the

factual basis set forth in this agreement, against the defendant in any

proceeding.

13. Parties to Plea Agreement

This agreement does not bind any government agency except the

United States Attorney’s Office for the Eastern District of Michigan.

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14. Scope of Plea Agreement

This plea agreement is the complete agreement between the

parties and supersedes any other promises, representations,

understandings, or agreements between the parties concerning the

subject matter of this agreement that were made at any time before the

guilty plea is entered in court. Thus, no oral or written promises made

by the government to the defendant or to the attorney for the defendant

at any time before the defendant pleads guilty are binding except to the

extent they have been explicitly incorporated into this plea agreement.

If the parties have entered, or subsequently enter, into a written proffer

or cooperation agreement, though, this plea agreement does not

supersede or abrogate the terms of that agreement. This plea

agreement also does not prevent any civil or administrative actions

against the defendant, or any forfeiture claim against any property, by

the United States or any other party.

15. Acceptance of Agreement by Defendant

This plea offer expires unless it has been received, fully signed, in

the United States Attorney’s Office by 5:00 P.M. on March 1, 2020. The

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government may withdraw from this agreement at any time before the

defendant pleads guilty.

Saima S. Mohsin
Acting United States Attorney

Julie A. Beck Robert Jerome White

Dated: 2/18/2021

By signing on the following page, the defendant and his attorney

agree that the defendant has read or been read this entire document,

has discussed it with his attorney, and has had a full and complete

opportunity to confer with his attorney.

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The defendant further agrees that he understands this entire

document, agrees to its terms, has had all of his questions answered by

his attorney, and is satisfied with his attorney’s advice and

representation.

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