United States v. Herndon

122 F. Supp. 3d 487, 2015 U.S. Dist. LEXIS 108776, 2015 WL 4935088
CourtDistrict Court, S.D. West Virginia
DecidedAugust 18, 2015
DocketCRIMINAL ACTION NO. 2:14-cr-00115
StatusPublished

This text of 122 F. Supp. 3d 487 (United States v. Herndon) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Herndon, 122 F. Supp. 3d 487, 2015 U.S. Dist. LEXIS 108776, 2015 WL 4935088 (S.D.W. Va. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, UNITED STATES DISTRICT JUDGE

Before the Court is the determination of whether there is a factual basis for Defendant’s plea. For the reasons discussed herein, the Court finds that there is no factual basis for the plea. As such, the Court REJECTS Defendant’s plea.

I. Background

This matter relates to a series of unlawful schemes involving bribes, kickbacks, and other financial crimes centered at Mountain Laurel Mining Complex in Sharpies, West Virginia (“Mountain Laurel”). “From late 2005 through and until at least early 2014, [Defendant] owned and. operated MAC Mine Service, Inc.” (“MAC”), which provided contract labor at Mountain Laurel. (ECF No. 11, Ex. B at 1.) “The coal miners provided by [MAC] were employees of [MAC],” which “charged a fee to [Mountain Laurel] for providing- such labor.” {Id.) Mountain Laurel-was “a subsidiary of Arch Coal, Inc.” (“Arch Coal”) and Arch Coal made payments to MAC for the services it provided at Mountain Laurel. . {Id.)

“Beginning sometime in early 2009,” Defendant entered into a kickback scheme with the general manager of Mountain Laurel — David Runyon (the “Scheme”). {Id.) At the outset of the Scheme, Runyon “demanded that [Defendant] start paying $10,000 a quarter in cash kickbacks in order for [MAC] to retain the exclusive right to provide contract labor services” at Mountain Laurel. {Id.) “[Defendant], knowing that the payments were illegal and the Mountain Laurel contract was otherwise lucrative, agreed and did pay [Runyon] on a quarterly basis.” {Id. at 1-2; see also ECF No. 45 ¶14 (“[Defendant] believed that the payments to Mr. Runyon were illegal, in that Mr. Runyon was extorting him.”); ECF No. 35 at 3 (“[Defendant] knew that paying the kickback was wrong — ”).)

“[MAC] maintained a business checking account at Logan Bank & Trust” (the “LB & T Account”). (ECF No. 11, Ex. B at 1.) From the beginning of the Scheme, “[MAC] continued to receive payments from [Arch Coal], which were deposited into the [LB & T Account].” {Id. at 2.) “The payments were proceeds of the [Scheme].” {Id.) “To generate the cash to pay [Runyon], [Defendant], either himself or someone at his direction, withdrew $10,000 in cash from the [LB & T Account].” {Id.)

“[I]n the late spring or early summer of 2012,” Runyon increased Defendant’s kickback payments to $20,000. {Id. at 2-3.) “Beginning in June 2012, [Defendant], either himself or someone at his direction, began withdrawing $20,000 a month in cash from the [LB & T Account].” {Id. at 3.) “For example, on January 30, 2013, Mr. Herndon cashed a $20,000 check at the Fountain Place Mall branch of [Logan Bank & Trust] on the [LB & T Account] to make a kickback payment' to [Runyon].” {Id.)

The Scheme ended “[s]ometime in the early part of 2013” when “[Defendant] decided to stop making the cash kickback [489]*489payments to [Runyon].” (Id.) Defendant admitted to law enforcement that, “[between 2009 and February 2013, ... he paid [Runyon] approximately $340,000 in illegal kickbacks.” (Id.)

On May 30, 2014, the United States filed an Information against Defendant, which charges him with engaging in an unlawful monetary transaction “[o]n or about January 30, 2013” in violation of 18 U.S.C. § 1957. (ECF No. 1 at 4.) Defendant entered a plea of guilty to the_ charge contained in the Information on July 18, 2014. (ECF No. 8.) The Court deferred finding a sufficient factual basis for Defendant’s plea at the plea hearing. (Id.)

On May 27, 2015, the Court entered an order (the “Order”) directing the parties to file briefing — “either, jointly, or separately” — addressing six additional issues related to Defendant’s sentencing, including issues pertaining to whether there is a factual basis for Defendant’s plea. (ECF No. 42.) For present purposes, the relevant issue raised by the Court in the Order is “whether Defendant held the requisite mental state to violate 18 U.S.C. § 1957 and, specifically, that he ‘knew that the property was obtained from, -some criminal offense.’ ” (ECF No. 42 at 1 (quoting United States v. Rice, 551 Fed.Appx. 656, 662 n.4 (4th Cir.2014)).) Defendant and the Government separately filed their responses to the Order on July 20, 2015, (ECF Nos. 45 & .48), and Defendant filed a supplemental response to the Order on July 21, 2015,1 (ECF No. 49). Defendant is currently scheduled to be sentenced by this Court on August 31, 2015. (ECF No. 50.)

II. Legal Standard

Federal Rule of Criminal Procedure 11 provides that, “[bjefore entering judgment on a guilty piea, the court must determine that there is a factual basis for the plea.” Fed.R.Crim.P. 11(b)(3). “[T]he Rule ensures that the court make clear exactly what a defendant admits to, and whether those admissions are factually sufficient to constitute the alleged crime.” United States v. DeFusco, 949 F.2d 114, 120 (4th Cir.1991) (citing United States v. Fountain, 111 F.2d 351, 355 (7th Cir.1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986)). “The requirement to find a factual basis is designed to ‘protect a defendant who is in the position of pleading voluntarily with an understanding of the nature of the charge but without realizing that his conduct does not actually fall within the charge.’” United States v. Mastrapa, 509 F.3d 652, 660 (4th Cir.2007) (quoting Fed.R.Crim.P. 11 advisory committee’s notes (1966)).

“In determining whether a guilty plea has a factual basis, the district court need not rely only on the Rule 11 plea colloquy.” Id. Rather, the court “may conclude that a factual basis exists from anything that appears on the record.” Id. (quoting DeFusco, 949 F.2d at 120).

“[T]he district court ... ‘need only be subjectively satisfied that there is a sufficient factual basis for a conclusion that the defendant committed all of the elements of the offense.'" United States v. Ketchum, 550 F.3d 363, 366 (4th Cir.2008) (quoting United States v. Mitchell, [490]*490104 F.3d 649, 652 (4th Cir.1997)). However, defendants do not have an “absolute right to have a guilty plea accepted,” and the “court may reject a plea in exercise of sound judicial discretion.” Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). “The trial court has wide discretion in determining whether a factual basis exists.” United States v. Morrow,

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Cite This Page — Counsel Stack

Bluebook (online)
122 F. Supp. 3d 487, 2015 U.S. Dist. LEXIS 108776, 2015 WL 4935088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-herndon-wvsd-2015.