Filed January 4, 2017
Second, the Court questioned the Government’s filing of a prior felony information that would have increased the otherwise applicable ten-year mandatory minimum to a mandatory term of life imprisonment under 21 U.S.C. § 841(b)(1)(A), id. at 432, not the Government’s addition of a two-year mandatory minimum charge under 18 U.S.C. § 1028A. Third, the Court found that the Government had acted coercively by filing the prior felony information days after it had made, and the defendant had rejected, a plea offer without the enhancement.
Filed September 8, 2016
C (Indictment). A Fourth Superseding Indictment was filed on March 17, 2015, charging Murray with 16 counts of wire fraud, in violation of 18 U.S.C. § 1343, four counts of money laundering, in violation of 18 U.S.C. § 1957, two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1), and a single count of criminal contempt, in violation of 18 U.S.C. § 401(3). See Ex.
Filed July 8, 2015
7. Count 22 Count 22 charges aggravated identity theft in violation of 18 U.S.C. §1028A(a)(1). The government alleges that Murray unlawfully used the name of G.D.F. on a document submitted in support of the application to open the Interactive Brokers account in the name of Event Trading.
Filed December 21, 2012
Clerk’s Record (CR) 1. He was charged with conspiracy to commit visa fraud, in violation of 18 U.S.C. § 371 (Count 1); aiding and abetting visa fraud, in violation of 18 U.S.C. §§ 1546(a) and 2 (Counts 2-5); aiding and abetting unauthorized access of a government computer, in violation of 18 U.S.C. §§ 1030(a)(3) and 2 (Count 6); use of false documents, in violation of 18 U.S.C. § 1001(a)(3) (Counts 7-13); and aggravated identity theft, in violation of 18 U.S.C. § 1028A (Counts 14 and 15). In summary, the Indictment alleges that, starting in July 2007, Wang and others caused Herguan to submit a petition to admit foreign students and supporting documents to DHS’s Student and Visitor Exchange Program (SEVP), and that these submissions contained false representations regarding Herguan’s students and false transfer letters.
Filed November 8, 2013
SUMMARY OF RELEVANT FACTS On July 24, 2012, a grand jury returned a 14-count Indictment against defendant based on actions he took in connection with Herguan University, where he was and is CEO, located in Sunnyvale, California. The Indictment charges defendant with conspiracy to commit visa fraud, in violation of 18 U.S.C. § 371 (Count 1); aiding and abetting visa fraud, in violation of 18 U.S.C. §§ 1546(a) and 2 (Counts 2-5); aiding and abetting unauthorized access of a government computer, in violation of 18 U.S.C. §§ 1030(a)(3) and 2 (Count 6); use of false documents, in violation of 18 U.S.C. § 1001(a)(3) (Counts 7-13); and aggravated identity theft, in violation of 18 U.S.C. § 1028A (Counts 14 and 15). Starting in July 2007, the Indictment alleges, defendant caused Herguan to submit a petition to admit foreign students and supporting documents to the U.S. Department of Homeland Security (DHS), Student and Visitor Exchange Program (SEVP), and that these submissions contained false representations regarding Herguan’s students as well as false transfer letters.