United States v. Wilson

828 F. Supp. 2d 679, 2011 WL 6019427
CourtDistrict Court, S.D. New York
DecidedDecember 1, 2011
DocketNo. 09 Cr. 1086 (GWG)
StatusPublished
Cited by5 cases

This text of 828 F. Supp. 2d 679 (United States v. Wilson) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Wilson, 828 F. Supp. 2d 679, 2011 WL 6019427 (S.D.N.Y. 2011).

Opinion

OPINION & ORDER

GABRIEL W. GORENSTEIN, United States Magistrate Judge.

Zomara Wilson has moved to withdraw her guilty plea pursuant to Rule 11(d) of the Federal Rules of Criminal Procedure. For the following reasons, Wilson’s motion is denied.

I. BACKGROUND

A. The Charge in the Complaint

Wilson was charged in a criminal complaint dated August 13, 2009, with one count of fraud in connection with federal student assistance programs under 20 U.S.C. § 1097(a). See Sealed Complaint (annexed as Ex. A to Attorney Affirmation in Support of Defendant’s Motion to Withdraw Guilty Plea, filed Sept. 16, 2011 (Docket # 43) (“Att’y Affirm.”)) (“Compl.”). The complaint charged that from September 15, 2005 to January 27, [681]*6812009, Wilson worked as an admissions representative at the Anthem Institute in Manhattan. Compl. ¶ 9(a). Anthem Institute is a school that offers certificate programs in multiple fields. Id. ¶ 5. Students at Anthem are eligible to receive federal financial aid, such as Pell Grants, Supplemental Educational Opportunity Grants, Perkins Loans, and Federal Loans. Id. ¶¶ 2, 6. In order to receive federal financial aid, a student must have a high school diploma, possess a GED, or pass a designated Ability to Benefit (“ATB”) exam. Id. ¶ 3.

In March 2009, Anthem Institute learned that seven students assigned to Wilson had fraudulent GED certificates in their files. Id. ¶ 8. When questioned about these certificates, Wilson told the Campus President that she had “changed one of them” but then declined to respond to additional questions about the other certificates. Id. ¶ 8(b).

Anthony Mangarella, a Special Agent with the United States Department of Education, Office of the Inspector General, spoke with several of the students whose records were at issue, none of whom was identified by name in the complaint. One student said that Wilson assured the student that the student had passed the ATB exam even though she had failed it. Id. ¶ 10(b), (c). Wilson later showed the same student a GED certificate and instructed the student to say her uncle had faxed it to the school. Id. ¶ 10(d). Another student said that Wilson allowed her to enroll prior to receiving the results of her GED exam. Id. ¶ 11. A third student said that Wilson had aided the student in filling out the Free Application for Federal Student Aid (“FAFSA”) form. Id. ¶ 12(b). Wilson instructed this student to indicate that the student had a GED certificate even though Wilson knew the student had failed the GED exam several years previously. Id. ¶ 12(a), (b). Another student said that Wilson told her she did not need to take an exam even though she did not have a high school diploma or a GED. Id. ¶ 13(a), (b). Wilson told this student that she would indicate that the student possessed a GED certificate. Id. ¶ 13(d).

B. Indictment and Plea

On November 9, 2009, a Grand Jury in the Southern District of New York returned a one-count indictment charging Wilson with fraudulently obtaining student assistant funds, 20 U.S.C. § 1097(a), and aiding and abetting that violation under 18 U.S.C. § 2. See Indictment, filed Nov. 9, 2009 (Docket # 10). On May 3, 2011, Wilson pled guilty to the Indictment pursuant to a plea agreement. See Transcript of Hearing Before Hon. Gabriel W. Goren-stein, dated May 3, 2011 (annexed as Ex. B to Att’y Affirm.) (“May 3, 2011 Plea”); Plea Agreement, dated Apr. 28, 2011 (annexed as Ex. A to Government’s Memorandum of Law in Opposition to the Defendant’s Motion to Withdraw her Guilty Plea, filed Oct. 2, 2011 (Docket #44) (“Gov’t Mem.”)) (“Plea Agr.”). In accordance with her plea agreement, Wilson’s plea allocution specified that the amount of federal financial aid was less than $200, which made the crime a misdemeanor. See May 3, 2011 Plea at 6; Plea Agr. at l.1

During the plea allocution, Wilson was placed under oath and gave the following statement as to what she did:

On or about January 2009, I was employed as an admissions representative at Anthem Institute of Manhattan. An[682]*682them is a for-profit vocational technical school. On or about January 2009, as part of my employment, I met with a prospective student by the name of Chanel Young, whom I screened for admission into Anthem. As part of my responsibilities I made an appointment for her to meet with financial aid, for the purpose of her applying for financial aid and advised her that she would need to bring with her a GED certificate. I was aware that the GED certificate in her file was not authentic, since the date of the certificate was the date she was still in high school. By passing through her file through the financial office, I aided and abetted Ms. Young[’s] attempt to receive financial aid, which she was not entitled to receive without a valid GED certificate.

May 3, 2011 Plea at 3, 12-13. The Court noted that Wilson was reading from a statement and asked her: “Does that statement accurately state what happened?” Wilson replied, “Yes. Yes, your Honor.” The Court then asked, “Did it happen just the way you stated it there?” Wilson replied, “Yes, your Honor.” Id. at 13. During the allocution, Wilson affirmed that she understood that she could not withdraw her plea and the next step in the case would be the sentencing. Id. at 8. The Court accepted the plea and sentencing was scheduled for August 3, 2011. Id. at 14.

C. The Motion to Withdraw the Plea

On July 12, 2011, more than two months after she had pled guilty, Wilson sent the Court a letter requesting new counsel and informing the Court that she wished to withdraw her guilty plea in light of new information she had learned. See Letter from Zomara Wilson to Hon. Deborah A. Batts and Hon. Gabriel W. Gorenstein, dated July 12, 2011 (annexed as Ex. H to Att’y Affirm.) (‘Wilson Letter”). In her letter, Wilson asserted that her attorney at the time of her plea, Donna Newman, had withheld material information and that had Wilson known this information, she would have not pled guilty. Id. At a hearing held on July 21, 2011, the Court granted Wilson’s request to relieve Newman and the Court substituted Laura Birger as counsel. See Order, filed July 21, 2011 (Docket #34).

Shortly thereafter, Birger sent a letter to the Court stating that she was not in a position to file the motion to withdraw Wilson’s guilty plea. Accordingly, the Court held a conference on August 12, 2011, to determine whether Wilson should be appointed new counsel or should instead be allowed to proceed pro se. See Order, filed Aug. 10, 2011 (Docket #33). At the end of the conference, the Court gave leave to Wilson to make her motion to withdraw pro se.

On August 23, 2011, however, Rehan Nazrali, Esq. filed a notice of appearance on behalf of Wilson. Notice of Appearance, filed Aug. 23, 2011 (Docket # 39).

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Bluebook (online)
828 F. Supp. 2d 679, 2011 WL 6019427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wilson-nysd-2011.