Umair Hamid - Court Transcript

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1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
2 ------------------------------x
3 UNITED STATES OF AMERICA,
4 v. 17 CR 46 (RA)
5 UMAIR HAMID,
6 Defendant.
7 ------------------------------x
8 New York, N.Y.

April 6, 2017
9 10:12 a.m.
10
Before:
11
HON. RONNIE ABRAMS,
12
District Judge
13
14 APPEARANCES
15 JOON H. KIM
Acting United States Attorney for the
16 Southern District of New York
DAVID M. ABRAMOWICZ
17 PAUL M. KRIEGER
Assistant United States Attorneys
18
SMITH VILLAZOR LLP
19 Attorneys for Defendant
BY: PATRICK J. SMITH
20 RODNEY B. VILLAZOR
ANDREW J. RODGERS
21
ALSO PRESENT: EMILY GRANT, Paralegal
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.

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1 (Case called; appearances taken)
2 THE COURT: Good morning. So I understand there may
3 be a plea today instead of a hearing; is that correct?
4 MR. SMITH: That's correct, your Honor.
5 THE COURT: So before we get to that, why don't we
6 talk about the letter that you submitted in February.
7 MR. SMITH: Yes, your Honor.
8 THE COURT: So, Mr. Hamid, Mr. Smith -- you can be
9 seated; thank you -- submitted a letter in February indicating
10 that there exists the possibility that third parties are paying
11 fees on your behalf. He also indicated that you had agreed to
12 pay the fees of his firm and that the firm was advised that
13 your family is agreeing to pay the fees. The government
14 responded to that letter.
15 And I just want to make sure that you understand your
16 right to be represented by counsel who are free of any conflict
17 of interest. So before you make any final decisions about
18 pleading guilty or pursuing the hearing or going to trial, I
19 just want to go through those rights that you have with you.
20 Do you understand that?
21 THE DEFENDANT: Yes.
22 THE COURT: And if at any point you have any
23 questions, just let me know. So the goal, again, is to ensure
24 that you're aware of any potential conflict of interest and
25 that you can make an informed decision about how to proceed.

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1 So what I want to do first is just ask you questions
2 to ensure that you are competent and they are questions that I
3 ask of all defendants in this situation. So I'm going to ask
4 my deputy to put you under oath, okay.
5 (Defendant sworn)
6 THE COURT: How old are you, sir?
7 THE DEFENDANT: I'm 31.
8 THE COURT: And how far did you go in school?
9 THE DEFENDANT: I completed my master's degree.
10 THE COURT: Are you currently consulting a doctor for
11 any condition?
12 THE DEFENDANT: No.
13 THE COURT: In the past 24 hours have you drunk any
14 alcohol, drugs, or medicine --
16 THE COURT: -- or taken any pills?
18 THE COURT: Is your mind clear today?
20 THE COURT: Do you understand what's happening in
21 these proceedings?
23 THE COURT: All right. Does either counsel have any
24 doubt as to the defendant's competence to answer questions
25 today with respect to representation of counsel?

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1 MR. ABRAMOWICZ: No, your Honor.
2 MR. SMITH: No, your Honor.
3 THE COURT: All right. So, Mr. Hamid, are you
4 satisfied with the services of Mr. Smith and Mr. Villazor thus
5 far in this case?
7 THE COURT: And have they informed you that there
8 exists the possibility that individuals or entities other than
9 yourself or your family may be paying your legal fees?
11 THE COURT: And do you understand that the fact that
12 their firm may be receiving legal fees for your case from third
13 parties could lead them to have loyalties divided between
14 yourself and those possible third parties; do you understand
15 that?
17 THE COURT: All right. More specifically, at various
18 stages of these proceedings, such as in the pretrial stage
19 where we are now, at trial, if it ever gets to that, at
20 sentencing, the fact that they are potentially receiving legal
21 fees for your case from third parties could result in such
22 third parties, directly or indirectly or subtly, trying to
23 influence Mr. Smith and Mr. Villazor to furnish legal advice
24 that is adverse or against your legal interests, your best
25 interests, I should say.

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3 THE COURT: I'm going to give you a couple examples of
4 that, all right. Are you aware, for example, that if you have
5 information about the third party's role in criminal or
6 otherwise embarrassing activity, that Mr. Smith and Villazor
7 may have an incentive to encourage you not to reveal such
8 information to the Court or the government, which could have
9 negative consequences for you potentially.
12 THE COURT: Are you aware that because of the
13 potential third party payments, Mr. Smith and Mr. Villazor may
14 have an incentive to encourage you to plead guilty or to elect
15 to go to trial because of the way that such a decision could
16 reflect on the third parties at issue.
18 THE DEFENDANT: Yes, I do.
19 THE COURT: And are you aware that because of the
20 potential third party payments, Mr. Smith and Villazor may have
21 an incentive to encourage or discourage you from making certain
22 arguments or seeking to admit or object to certain evidence at
23 a suppression hearing or trial, if it gets to that, or
24 sentencing because such arguments or evidence could reflect
25 negatively on the third parties at issue; do you understand

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1 that?
3 THE COURT: Do you understand that the Court, having
4 presided as the judge in many trials in this courthouse,
5 believes that representation where there is a potential
6 conflict of interest may be ill advised; do you understand
7 that?
9 THE COURT: And I think the greatest danger to you is
10 that inability for you to foresee all of the possible conflicts
11 that may arise because of any potential payments from third
12 parties to Mr. Smith and Villazor's firm.
15 THE COURT: So tell me in your own words what your
16 understanding is of this potential conflict of interest.
17 THE DEFENDANT: My counsel did discuss -- I see there
18 is a question for conflict of interest and I was made aware by
19 my counsel about the source of the money and I know my family
20 cannot afford so probably -- I don't know much about how they
21 did that, but there could be a conflict, I do understand that.
22 THE COURT: Okay. Do you understand that in every
23 criminal case, including this one, the defendant, including
24 yourself, is entitled to assistance of counsel whose loyalty to
25 him is undivided, who's not subject to any factor that might in

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1 any way intrude upon an attorney's loyalty to his interest. In
2 other words, do you understand that you're entitled to an
3 attorney who only has your interest in mind and not the
4 interest of anyone else; do you understand that?
6 THE COURT: All right. And do you understand that if
7 you cannot afford an attorney, one would be appointed at public
8 expense free of charge to represent you. I could have someone
9 today, for example, come and meet with you.
12 THE COURT: Have you received any inducements,
13 promises, or threats with regard to your choice of counsel in
14 this case?
16 THE COURT: Have you consulted with Mr. Smith and
17 Villazor about the dangers to you of this potential conflict of
18 interest?
19 THE DEFENDANT: Yes, I did.
20 THE COURT: So after considering all that I've said
21 today about the ways in which the potential payment by third
22 parties to Mr. Smith and Villazor of your legal fees may
23 adversely affect your defense, do you believe that it's in your
24 best interest to continue with Mr. Smith and Villazor as your
25 attorney?

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2 THE COURT: Would you -- as I said a moment ago, I can
3 have a court appointed attorney here this morning even just to
4 consult with you before you proceed in this matter.
5 Would you like to consult with someone else?
7 THE COURT: Do you want to confer privately any
8 further with Mr. Smith or Mr. Villazor about this matter? Do
9 you want to talk to them any more before you proceed?
10 THE DEFENDANT: No, I don't.
11 THE COURT: Do you understand that by choosing to
12 continue with them as their attorneys, you are waiving or
13 giving up your right to be represented solely by an attorney
14 who has no potential conflict of interest; do you understand
15 that?
17 THE COURT: And are you knowingly and voluntarily
18 waiving your right to representation that is free of potential
19 conflict?
21 THE COURT: Okay. So, again, I'm going to ask the
22 same question a different way. Do you agree to waive any
23 potential conflict that may flow from the possibility that
24 someone else is paying for their legal fees?

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1 THE COURT: And do you agree to waive any post
2 conviction argument or appeal or otherwise that by virtue of
3 the fact that Mr. Smith and Villazor's firm's potential receipt
4 of your legal fees from third parties that you were denied
5 effective assistance of counsel?
7 THE COURT: Is there anything that I've said that you
8 have any confusion about?
10 THE COURT: All right. So are you ready to proceed in
11 this matter?
13 THE COURT: So I understand now that you seek to plead
14 guilty to the indictment in this case. Is that correct?
15 THE DEFENDANT: Yes, my Honor.
16 THE COURT: Now, before deciding whether to receive
17 your plea, I'm going to ask you some more questions, but this
18 time to make sure that you understand your rights, additional
19 rights, and that you're pleading guilty voluntarily and because
20 you are guilty and not for some other reason. So it's
21 important that you answer all of my questions honestly and
22 completely and, again, if you don't understand anything I'm
23 saying or at any time would like to speak to your attorneys,
24 let me know, okay. All right.
25 Have you had enough time and opportunity to discuss

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1 your case with your attorneys, including the nature of the
2 charges that -- the charge that you intend to plead guilty to,
3 any possible defenses, and the rights that you'll be giving up?
4 THE DEFENDANT: Yes, I did, my Honor.
5 THE COURT: Have your attorneys discussed with you the
6 consequences of pleading guilty?
7 THE DEFENDANT: Yes, they did.
8 THE COURT: And I think we just covered that, but are
9 you satisfied with their representation of you?
10 THE DEFENDANT: Yes, very satisfied.
11 THE COURT: So now what I'm going to do is explain
12 certain constitutional rights that you have to you. These are
13 rights you would be giving up if you enter a guilty plea.
14 First, under the Constitution and laws of the United
15 States, you have a right to plead not guilty to the charge in
16 the indictment.
19 THE COURT: And if you did plead not guilty, you would
20 be entitled under the Constitution to a speedy and public trial
21 by jury of those charges.
24 THE COURT: In advance of trial, you would have the
25 opportunity to seek to suppress any or all of the evidence

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1 against you on the basis that it was obtained in violation of
2 the Constitution, and you're giving that up. You were about to
3 have a suppression hearing, but you're giving up your right to
4 suppress that evidence.
7 THE COURT: At trial you'd be presumed to be innocent
8 and that means that you would not have to prove that you're
9 innocent. Instead, the government would need to prove your
10 guilt beyond a reasonable doubt before you could be found
11 guilty. So even if you did nothing and said nothing at trial,
12 you could not be convicted unless a jury of 12 people agreed
13 unanimously that you are guilty.
16 THE COURT: During trial, the witnesses for the
17 prosecution would have to come to court and testify in your
18 presence where you could see them and hear them and your lawyer
19 could cross-examine them. If you wanted to, your lawyer could
20 offer evidence on your behalf. You'd be able to use the
21 court's power to compel witnesses to come to court, to testify
22 truthfully in your defense, even if they didn't want to come.
25 THE COURT: At trial, you would have the right to

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1 testify if you wanted to, but you'd also have the right not to
2 testify. And if you chose not to testify, that could not be
3 used against you in any way. No inference or suggestion of
4 guilt could be made from the fact that you did not testify.
7 THE COURT: At trial and at every stage of your case,
8 you'd be entitled to be represented by an attorney, and as I
9 said a moment ago, if you could not afford an attorney, one
10 would be appointed at public expense, meaning free of cost, to
11 represent you.
14 THE COURT: As I said before, you have the right to
15 plead not guilty. So even as you sit here right now for
16 purposes of entering a guilty plea, you have the right to
17 change your mind and to go to trial. But if you do plead
18 guilty and I accept your plea, there will be no trial and
19 you'll be giving up the rights that I just described.
22 THE COURT: If you plead guilty, all that will remain
23 to be done is for me to impose sentence. I'll enter a judgment
24 of guilty and I'll sentence you on that basis after considering
25 whatever submissions I get from your lawyer and from the

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1 government and from you, as well as a presentence report
2 prepared by the probation department. But there will be no
3 appeal with respect to whether the government could use the
4 evidence it has against you or with respect to whether you did
5 or did not commit the crime.
8 THE COURT: If you plead guilty, you'll also have to
9 give up your right not to incriminate yourself because I'm
10 going to ask you questions here in court today in order to
11 satisfy myself that you are in fact guilty.
14 THE COURT: So I understand that you seek to plead
15 guilty to Count One of the indictment in this case, which
16 charges you with conspiracy to commit mail fraud from at least
17 in or about 2006, up to and including in or about
18 December 2016, in violation of Title 18, United States Code,
19 Section 1349.
21 MR. SMITH: Pardon me, your Honor. It's actually
22 conspiracy to commit wire fraud.
23 THE COURT: I'm sorry, the plea agreement says mail
24 fraud. Is that incorrect?
25 MR. ABRAMOWICZ: Your Honor, the plea agreement does

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1 appear to be incorrect. It should say wire fraud.
2 THE COURT: All right. Thank you. I'm going to
3 ask -- can I have a copy of the indictment, please. Thank you.
4 So I am going to make that correction on the plea
5 agreement. Thank you. All right.
6 Mr. Abramowicz, could you please state the elements of
7 the offense in question.
8 MR. ABRAMOWICZ: Yes, your Honor. The elements of
9 conspiracy in violation of Title 18, United States Code,
10 Section 1349 are, first, that two or more persons entered an
11 unlawful agreement, in this case an agreement to commit wire
12 fraud; and, second, that the defendant knowingly and willfully
13 became a member of that conspiracy. The object of the
14 conspiracy charged here was, as I said, to commit wire fraud in
15 violation of Title 18, United States Code, Section 1343.
16 The elements of that offense are, first, that there
17 was a scheme or artifice to defraud or to obtain money or
18 property by materially false and fraudulent pretenses,
19 representations, or promises; second, that the defendant
20 knowingly participated in the scheme or artifice to defraud
21 with knowledge of its fraudulent nature and with specific
22 intent to defraud; and, third, that in the execution of that
23 scheme, interstate or foreign wires were transmitted or caused
24 to be transmitted.
25 In addition, your Honor, at the trial, the government

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1 would be required to prove by a preponderance of the evidence
2 that venue is proper in the Southern District of New York.
3 THE COURT: All right. Thank you.
4 So, Mr. Hamid, do you understand if you were to go to
5 trial, the government would need to prove each of those
6 elements beyond a reasonable doubt other than venue, which has
7 a lower standard of proof.
10 THE COURT: Now what I'm going to do is I'm going to
11 discuss the maximum possible penalties for this crime. The
12 maximum means the most that could possibly be imposed. It
13 doesn't necessarily mean it is the sentence you will receive,
14 but you have to understand that by pleading guilty, you'll be
15 exposing yourself to the possibility of receiving any
16 combination of punishments up to the maximums.
17 So, first, with respect to your liberty, the maximum
18 term of imprisonment for this crime is 20 years in prison.
21 THE COURT: Any term of imprisonment could be followed
22 by a term of supervised release of up to three years.
23 Supervised release means that if you're sentenced to prison,
24 after your release from prison you'll be subject to the
25 supervision of the probation department. You'll be required to

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1 obey certain rules, and if you violate those rules, you can be
2 returned to prison without a jury trial to serve additional
3 time even beyond your original sentence.
6 THE COURT: You should also understand that there's no
7 parole in the federal system so if you're sentenced to prison,
8 you will not be released early on parole, although there's a
9 limited opportunity to earn credit for good behavior.
12 THE COURT: In addition to these restrictions on your
13 liberty, the punishment for this crime also includes certain
14 financial penalties. The maximum allowable fine is $250,000 or
15 twice the gain you received from the crime or twice the loss to
16 any victims, whichever is greater. I'm also required to impose
17 a mandatory special assessment of $100.
20 THE COURT: In addition I must order restitution to
21 any persons or entities injured as a result of your criminal
22 conduct, and I can order you to forfeit all property derived
23 from the offense or used to facilitate the offense.

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1 THE COURT: So do you understand that those are the
2 maximum penalties for this crime?
4 THE COURT: You should be aware that the punishments
5 I've just described are those that may be part of a sentence,
6 but being convicted of a felony may have other consequences.
7 You are not a United States citizen, correct?
8 THE DEFENDANT: Yes, I'm not.
9 THE COURT: So you should understand that as a result
10 of your guilty plea, you may be removed or deported from the
11 United States; and, in certain circumstances, removal or
12 deportation may be likely or even mandatory.
15 THE COURT: Do you also understand that in the future,
16 you may be denied admission or citizenship into the United
17 States. Do you understand that?
19 THE COURT: Have you discussed the possible
20 immigration consequences of your plea with your attorney?
22 THE COURT: Now, in imposing sentence, judges are
23 required to consider the recommendations of the federal
24 sentencing guidelines. The guidelines are a complicated set of
25 rules for determining an appropriate sentence. And although at

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1 one time judges were bound by the guidelines, now they're only
2 advisory. Nonetheless, judges must take into account the
3 guidelines when determining an appropriate sentence. But in
4 the end, the judge is required to give the sentence that she
5 believes best satisfies the purposes of the criminal law under
6 a provision of the law -- it's 18 United States Code Section
7 3553(a) -- even if that's higher or lower than the guidelines
8 recommendation.
10 THE DEFENDANT: Yes, yes, ma'am.
11 THE COURT: Have you discussed the sentencing
12 guidelines with your attorneys?
13 THE DEFENDANT: I did.
14 THE COURT: Do you understand the guidelines are only
15 recommendations to the Court?
17 THE COURT: I understand that you have entered into a
18 written plea agreement with the government. It's dated
19 April 4, addressed to your attorneys, signed by Mr. Abramowicz
20 and Mr. Krieger. And I am going to mark this as Court
21 Exhibit 1.
22 So is this the agreement you entered into with the
23 government?
25 THE COURT: Is that your signature on the last page?

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1 THE DEFENDANT: Yes, it is.
2 THE COURT: Before signing it, did you read it?
4 THE COURT: Did you discuss it with your attorneys?
6 THE COURT: I understand it's a long document. It
7 contains some technical legal language. But after discussing
8 it with your attorneys, do you understand all the terms of this
9 agreement?
11 THE COURT: I'm going to ask the government to
12 summarize the agreement, please.
13 MR. ABRAMOWICZ: Yes, your Honor. Under this
14 agreement, the defendant is agreeing to plead guilty to Count
15 One of the indictment, which charges conspiracy to commit wire
16 fraud. The defendant is also admitting the forfeiture
17 allegations that correspond to that count and he is agreeing to
18 forfeit a sum of money equal to $5,303,020.95. The defendant
19 is also agreeing to pay restitution in that same amount to any
20 victims who lost money as a result of this fraud.
21 In addition, under this agreement, the parties have
22 agreed between each other to how the sentencing guidelines
23 would be calculated. The parties agree that there would be an
24 offense level of 26 and that because the defendant has no
25 criminal history, he would be in criminal history category I.

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1 And the parties have thus stipulated that the applicable
2 guidelines range is 63 to 78 months in prison. Both parties
3 are entitled to seek a variance from that range. However, the
4 parties have agreed that they will not seek any departures from
5 that calculation.
6 The defendant has also acknowledged that he
7 understands the immigration consequences of his plea because he
8 is not a citizen of the United States. And he has acknowledged
9 that he is entering into this plea agreement and agreeing to
10 plead guilty because he is in fact guilty of the offense
11 charged in Count One of the indictment.
12 I can leave it at that unless there's any other
13 provision your Honor would like me to summarize.
14 THE COURT: I'm just going to follow up on a few
15 things.
16 Mr. Hamid, do you have any questions so far?
18 THE COURT: I want to make sure you understand this
19 agreement doesn't bind me, the Court, in any way. I'm required
20 to make my own independent calculation under the sentencing
21 guidelines and to impose a sentence that I believe is
22 appropriate in your case. But even if my calculation differs
23 from that you've agreed to with the government, you won't be
24 allowed to withdraw your plea.

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2 THE COURT: Do you also understand -- Mr. Abramowicz
3 referred to this -- but under this agreement, you're giving up
4 your right to appeal or otherwise challenge your sentence so
5 long as I sentence you to 78 months of imprisonment or less?
6 So if I sentence you to more than 78 months in prison, you have
7 the right to appeal. But if I sentence you to 78 months in
8 prison or less, you can't appeal or otherwise challenge this
9 agreement.
12 THE COURT: Do you also understand that you cannot
13 appeal or otherwise challenge your conviction or sentence on
14 the basis of any actual or perceived immigration consequences,
15 including deportation, resulting from your guilty plea or
16 conviction.
19 THE COURT: And you're also waiving other rights of
20 appeal, including the right to appeal or challenge your
21 conviction based on the government's failure to disclose any
22 exculpatory or other discovery material that was not produced
23 before the date of your agreement.

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1 THE COURT: Did you willingly sign this agreement?
3 THE COURT: Has anyone threatened, bribed, or forced
4 you either to sign the plea agreement or to plead guilty?
5 THE DEFENDANT: No, your Honor.
6 THE COURT: Other than what's in this plea agreement,
7 has anyone offered you any inducement to plead guilty?
8 THE DEFENDANT: No -- I couldn't get that.
9 THE COURT: Other than what's in the agreement, has
10 anyone offered you any inducement to plead guilty?
12 THE COURT: Has anyone made any promise to you as to
13 what your sentence will be? Has anyone promised you what your
14 sentence will be?
15 THE DEFENDANT: No, definitely not.
16 THE COURT: Because I just want to make sure if anyone
17 even attempted to predict what your sentence will be, that
18 could be wrong. So even if your sentence is not what you hope
19 for or expected, you still won't be allowed to withdraw your
20 plea.
23 THE COURT: I also have here a consent preliminary
24 order of money judgment of forfeiture. That was Exhibit A to
25 the plea agreement. Did you sign this as well, this consent

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1 order of forfeiture?
3 THE COURT: Do you understand that you're consenting
4 to a money judgment in the amount of $5,303,020.95; do you
5 understand that?
7 THE COURT: So now that you've been advised of the
8 charges against you and the possible penalties you face and the
9 rights you're giving up, is it still your intention to plead
10 guilty?
12 THE COURT: So now I'm going to ask you the official
13 question: How do you plead with respect to Count One of the
14 indictment, the conspiracy to commit wire fraud, do you plead
15 guilty or not guilty?
17 THE COURT: You plead guilty?
18 THE DEFENDANT: I plead guilty.
19 THE COURT: Now tell me in your own words what you did
20 that makes you believe that you're guilty of this crime.
21 THE DEFENDANT: While still studying, completing my
22 master's in Karachi, Pakistan, I began to work at Axact, a
23 technology service company, in Pakistan, I joined. They had
24 like ten different line of businesses, one of which was online
25 education. My role was payment processing and setting up bank

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1 accounts for them. We provided hosting and payment processing
2 services to clients that includes hosting of e-learning
3 platforms for our clients and earned commission for these
4 services that we provide. Because my English was good, I also
5 served as a business contact with some of the company's
6 business partners and clients. I often used pseudo names when
7 I served in this role.
8 Over time I began to learn that some -- some customers
9 of our clients' websites complained about things like
10 acceptance and asked for refunds. Over time I began to
11 understand that some of the clients' statements on the websites
12 were misleading. While we did host -- while we did host some
13 online education courses, the degree program websites run by
14 clients mostly were not real universities or colleges with real
15 coursework.
16 THE COURT: Were what? I'm sorry. Were not
17 universities or colleges but --
18 THE DEFENDANT: -- with real courseworks, like with
19 real programs.
20 THE COURT: Okay.
21 THE DEFENDANT: So were not there. So despite this,
22 they offered a service for a fee where customers of the
23 clients' websites could get their degrees authenticated from
24 government agencies like Department of State or Appostille.
25 In 2015, using the name Shah Khan, I corresponded by

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1 email and spoke to Brett Howard Loebel, who ran a website
2 called Almeda University. The revenues from Almeda were
3 divided. I understood that the representations on the Almeda
4 websites were misleading. In 2015 and 2016, I tried to have
5 Loebel, Mr. Loebel, pay over money that had come from operating
6 Almeda's websites before my employer was shut down in Pakistan.
7 I knew that some of this money came from people who were misled
8 about whether Almeda was a real school that was authorized to
9 issue real degrees or their degrees will be accepted.
10 That's all, my Honor.
11 THE COURT: All right. When you did this, did you
12 know that what you were doing was wrong and was illegal?
14 THE COURT: Does the government want me to ask any
15 additional questions or make any proffer as to venue?
16 MR. ABRAMOWICZ: Yes, your Honor. The government can
17 proffer that there is evidence that among the victims who
18 purchased -- who paid money for education that they didn't
19 receive and thus received fraudulent degrees were victims who
20 resided in the Southern District of New York.
21 May I have one moment, your Honor?
22 THE COURT: Yes. And just let me ask Mr. Smith, is
23 the defendant contesting venue?
24 MR. SMITH: No, your Honor.
25 (Pause)

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1 THE COURT: Are there additional questions I should
2 ask, Mr. Abramowicz?
3 MR. ABRAMOWICZ: Yes, your Honor, if we could just
4 clarify that the clients Mr. Hamid referenced who made
5 misrepresentations, that those were clients of Axact, the
6 company Mr. Hamid was working for.
7 THE COURT: All right. Is that right, Mr. Hamid, were
8 those clients of Axact?
9 THE DEFENDANT: Yes, the company I work for.
10 MR. ABRAMOWICZ: Nothing further.
11 THE COURT: Okay. All right. Mr. Abramowicz, could
12 you please summarize what the government's evidence would be if
13 you were to go to trial against Mr. Hamid.
14 MR. ABRAMOWICZ: Yes, your Honor. At a trial, the
15 government's evidence would include recorded telephone calls in
16 which Mr. Hamid discussed bank accounts used to collect money
17 from individuals who bought fake educational credentials. It
18 would include records relating to various bank accounts,
19 including video of Mr. Hamid opening a bank account that
20 received proceeds from the fraud, as well as bank statements
21 indicating that proceeds of the fraud in accounts that
22 Mr. Hamid opened, controlled, or directed to be opened, totaled
23 approximately $5.3 million. It would also include email
24 correspondence in which Mr. Hamid and others discussed websites
25 of purported educational institutions that did not exist, as

(212) 805-0300
27
H46LHAMP Plea
1 well as testimony from individuals who received online
2 educational degrees they had not earned and from employers who
3 were defrauded by these phony educational credentials.
4 THE COURT: Okay. Thank you.
5 Do both the government and defense counsel agree that
6 there's a sufficient factual predicate for the guilty plea?
7 MR. ABRAMOWICZ: Yes, your Honor.
9 THE COURT: So, Mr. Hamid, because you acknowledge
10 that you're in fact guilty as charged in Count One of the
11 indictment and because I'm satisfied that you understand your
12 rights, including your right to go to trial, and that you're
13 aware of the consequences of your plea, including the sentence
14 which may be imposed, and because you are knowingly and
15 voluntarily pleading guilty, I accept your guilty plea to Count
16 One of the indictment.
17 The probation department is going to want to interview
18 you in connection with the presentence report that I mentioned
19 earlier.
20 Mr. Smith, would you like to be present for that
21 interview?
23 THE COURT: If you choose to speak to the probation
24 department, Mr. Hamid, please make sure that everything you say
25 is truthful and accurate. I'll read that report very

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28
H46LHAMP Plea
1 carefully. It will be important to me in deciding what
2 sentence to impose. If there are any mistakes in it or errors,
3 please raise it with your attorney. That can be raised with me
4 before sentencing and at sentencing.
5 And why don't we schedule a date for sentencing. How
6 about July 21 at 3 o'clock. Does that work?
7 MR. ABRAMOWICZ: That's fine for the government.
8 MR. SMITH: Fine, your Honor. 21st, 3 o'clock.
9 THE COURT: July 21 at 3 o'clock.
10 The government shall provide the probation officer
11 with its factual statement within seven days. Defense counsel
12 shall arrange for the defendant to be interviewed by the
13 probation department within the next two weeks.
14 I'll refer counsel to my individual rules and
15 practices in criminal cases available on the court website
16 which contain some rules regarding sentencing submissions. In
17 accordance with those rules, defendant's submissions are due
18 two weeks prior to sentencing; the government's submission, one
19 week prior to sentencing.
20 And the defendant shall remain in custody pending
21 sentence.
22 Are there any other applications at this time?
23 MR. SMITH: Not from the defense, your Honor.
24 MR. ABRAMOWICZ: Not from the government.
25 THE COURT: Thank you. We're adjourned.

(212) 805-0300

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1

1 UNITED STATES DISTRICT COURT

3 UNITED STATES OF AMERICA,

8 New York, N.Y.

SOUTHERN DISTRICT REPORTERS, P.C.

1 (Case called; appearances taken)

2 THE COURT: Good morning. So I understand there may

3 be a plea today instead of a hearing; is that correct?

4 MR. SMITH: That's correct, your Honor.

5 THE COURT: So before we get to that, why don't we

6 talk about the letter that you submitted in February.

7 MR. SMITH: Yes, your Honor.

8 THE COURT: So, Mr. Hamid, Mr. Smith -- you can be

9 seated; thank you -- submitted a letter in February indicating

11 fees on your behalf. He also indicated that you had agreed to

13 your family is agreeing to pay the fees. The government

14 responded to that letter.

15 And I just want to make sure that you understand your

16 right to be represented by counsel who are free of any conflict

17 of interest. So before you make any final decisions about

18 pleading guilty or pursuing the hearing or going to trial, I

20 Do you understand that?

21 THE DEFENDANT: Yes.

22 THE COURT: And if at any point you have any

23 questions, just let me know. So the goal, again, is to ensure

24 that you're aware of any potential conflict of interest and

25 that you can make an informed decision about how to proceed.

SOUTHERN DISTRICT REPORTERS, P.C.

1 So what I want to do first is just ask you questions

3 ask of all defendants in this situation. So I'm going to ask

4 my deputy to put you under oath, okay.

6 THE COURT: How old are you, sir?

7 THE DEFENDANT: I'm 31.

8 THE COURT: And how far did you go in school?

9 THE DEFENDANT: I completed my master's degree.

10 THE COURT: Are you currently consulting a doctor for

12 THE DEFENDANT: No.

13 THE COURT: In the past 24 hours have you drunk any

14 alcohol, drugs, or medicine --

15 THE DEFENDANT: No.

16 THE COURT: -- or taken any pills?

17 THE DEFENDANT: No.

18 THE COURT: Is your mind clear today?

19 THE DEFENDANT: Yes.

20 THE COURT: Do you understand what's happening in

22 THE DEFENDANT: Yes.

23 THE COURT: All right. Does either counsel have any

24 doubt as to the defendant's competence to answer questions

25 today with respect to representation of counsel?

SOUTHERN DISTRICT REPORTERS, P.C.

1 MR. ABRAMOWICZ: No, your Honor.

2 MR. SMITH: No, your Honor.

3 THE COURT: All right. So, Mr. Hamid, are you

5 far in this case?

6 THE DEFENDANT: Yes.

7 THE COURT: And have they informed you that there

8 exists the possibility that individuals or entities other than

9 yourself or your family may be paying your legal fees?