Pascal Reid who was charged for his involvement in trading Bitcoin on an individual basis in the state of Florida has announced his intention to accept a guilty plead which compels him to train "Law Enforcement" on Bitcoin related topics. He is further compelled as well to consult with Miami area police and the United States Secret Service on cases involving Bitcoin as they see fit. Reid's efforts to have charges dismissed back in November were denied by Judge Katherine Fernandez Rundle. In addition to working on the behalf of local and federal "Law Enforcement" agencies the plea agreement includes a sentence of 90 days in jail with credit for time served, and the agreement is further conditional on Reid reimbursing Florida $500 for their expenses in prosecuting him. The explicit public disclosure that the plea bargainer must turn stoolie is uncommon, but it highlights that the cost of signing the papers and avoiding trial is your own title to yourself. It is a tremendous credit to the local officers of the court that the explicit nature of this was made available to the public in this rare occasion. All parties involved in Bitcoin are advised against knowingly dealing with Pascal Reid, or any other party know to have entered a guilty plea, either in business or mere conversation for the entirety of the future. The full text of the draft plea agreement is below:
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
STATE OF FLORIDA, Case No. F14-2935
Judge WARD vs. PASCAL REID,
COMES NOW the Defendant, PASCAL REID, with the advice and consent of his counsel, RONALD LOWY, and hereby enters into this hereby enters a change of plea and enters into this Plea Agreement with the State of Florida, KATHERINE FERNANDEZ RUNDLE, State Attorney for Miami-Dade County, Florida, by and through Assistant State Attorney Thomas Haggerty. 1.
The Defendant, PASCAL REID, will enter
a plea of guilty
to count three (3) Unauthorized Money Transmitter in violation of Florida Statute 560.125(5)(A). At the conclusion of the plea colloquy, the State of Florida will abandon prosecution on count 1 in exchange for his plea. 2.
Adjudication of guilt shall be withheld. Defendant will be sentenced to ten years reporting probation. As a condition of probation, Defendant will serve a period of ninety (90) days in county jail. Defendant will receive credit for his time served from February 7, 2014 through March 14, 2014.
The Defendant shall participate in no less than 20 trainings directed towards the education of law enforcement and/or financial institutions in the fields of digital currency and/or cybercrime. The trainings shall be organized and scheduled by Det. Ricardo Arias from the City of Miami Beach Police Department. Trainings that are not organized and/or scheduled through Det. Ricardo Arias will not be credited toward the 20 required trainings. These trainings are a condition of his probation and Defendant has agreed to perform them in lieu of community service and additional jail time. 4.
The Defendant will be available for meetings with representatives of the Miami Beach Police Department, The United States Secret Service and/or the Miami Electronic Crimes Task Force in order schedule, plan, coordinate and research the trainings that will be performed pursuant to paragraph 3. 5.
The Defendant's term of
years of reporting probation may be terminated after
years if the Defendant has complied with all terms of this agreement. If the Defendant has complied with all the terms of this agreement prior to
five (5) years, the State will take no position if he moves the court to terminate his probation
The Defendant shall notify his probation officer within 24 hours of any arrest. 7.
The Defendant shall accept the responsibility of maintaining contact with his probation officer. 8.
The Defendant shall notify his probation officer prior to any change in employment or residence. 9.
The Defendant shall personally obtain permission from his probation officer before leaving Miami-Dade County, Broward County, Palm Beach County and Monroe County. The probation officer may grant his permission to travel within the State of Florida without leave of Court. 10.
The Defendant will be permitted to travel within the within the State of Florida for educational and work purposes after obtaining permission from his probation officer. The probation officer may grant his permission to travel within the State of Florida without leave of Court 11.
The Defendant shall pay cost recovery pursuant to Florida Statute § 938.27(8) (costs of
prosecution) to the State Attorney’s Office, Eleventh Judicial Circuit of Florida, in
and for Miami-Dade County, in the total amount of
five hundred dollars ($500.00)
, payable on a monthly basis, in an amount of at least
fifty dollars ($50.00)
per month, payable by the fifth (5
) day of each month beginning in the first full month after taking the plea, until the total amount is paid. Defendant hereby stipulates that he has the financial ability to meet these obligations at the specified rate of payment. In order for the Defendant to be properly credited for payment, this payment should be made payable by check or money order to the Department of Corrections, Office of Probation. 12.
The Defendant forfeits any Bitcoin transferred to law enforcement during the investigation. 13.
The Defendant must submit to warrantless searches by the probation officer of his person, residence, vehicle, or work space, including any and all computers or electronic devices on his person or in his residence, vehicle, work space, or in his custody or control, which includes but is not limited to any electronic, magnetic, optical, electrochemical, flash, solid-state, or other high-speed data processing device performing logical, arithmetic, or storage functions; and any external or removable data storage media such as magnetic tape, hard disk, floppy disk or drum, CD-ROM/DVD, memory sticks, compact flash cards, thumb-drives, zip-drives, digital watches, digital writing pens, MP3 players, video game consoles, Personal Digital Assistants ("PDA's"), cellular phones, Facsimile machines ("Fax" machines), cassettes, cartridges, streaming tape; and any computer programs, computer software and applications; and all peripherals (including, but not limited to keyboards, monitors, printers, modems, tape drives, disk application programs, data disks, system disk operating systems and power cords). Members of law enforcement may assist probation in the warrantless searches including conducting a forensic examination of the electronic media. The Defendant understands that evidence of a violation of any of the terms of probation that is found during these searches may be used against his during any probation violation hearingas proof of a violation of the terms of the Defendant’s probation
and may result in his being charged with additional crimes. 14.
The Defendant must submit two (2) specimens of blood and/or saliva swabs to the Florida Department of Law Enforcement, to be registered with the DNA data bank. 15.
The Defendant shall comply with any other rules, directives or conditions set out by the Probation Order. 16.
The Defendant acknowledges that he is satisfied with the services of his attorney, RONALD LOWY, and states that his attorney did everything expected of them and everything that they were asked to do on behalf of the Defendant, including, but not limited to filing with the court all pleadings, motions, and documents that the Defendant desired or expected, and investigated all aspects of the case required to effectively defend the charges. Further, Defendant acknowledges that his attorney raised all the objections and defenses that he wanted to be raised with the prosecutor and/or the Court. Although a motion to suppress physical evidence obtained from the Defendant was not filed on his behalf, the Defendant acknowledges that the physical evidence obtained from his was obtained pursuant to a lawful search warrant. The Defendant has spoken to his attorney about potential motions to suppress evidence. The Defendant does not wish to file any motions in exchange for the plea. Defendant further represents that he and his attorney were fully aware of the facts underlying the charges filed and previously filed and that his attorney, among other things, fully discussed the strengths and weaknesses of his case
and the State of Florida’s case, as well as
any legal defenses the Defendant has for the charges against him. Further, the Defendant understands that his attorney has not deposed any witnesses, including, but not limited to, the forensic computer examiner and the undercover and investigating officers despite the
procedural basis to require that such depositions be taken. Moreover, the Defendant acknowledges that he is satisfied with the representation provided by his attorney notwithstanding the lack of depositions, and the fact that the depositions were not taken does
not affect the Defendant’s decision to plead guilty herein.
The Defendant acknowledges that
his decision to accept the State’s plea offer is based upon his bel
ief that this plea is in his best interests and because he is guilty of the charges against him. Further, the Defendant acknowledges that he had a right to a trial by jury but that it was his decision, and his alone, to waive his right to a jury trial, and that no threats or promises of any kind were made to induce the Defendant into waiving his right to a jury trial and entering this guilty plea. Defendant further acknowledges that his counsel spoke to, and discussed his case with, all of the witnesses and prospective witnesses that the Defendant requested that they talk to, and that his attorney discussed the case with the Defendant fully and completely, and that it was
the Defendant’s decision, and his decision alone, not to list any of those witnesses
as defense witnesses, including but not limited to, any expert witnesses. 17.
Further, by entering this agreement the Defendant is giving up certain rights guaranteed under the Constitutions of the United States and the State of Florida, including the right to have his attorney confront and cross-examine
the State’s witnesses
, the right to remain silent and not testify on his own behalf, as well as the right to appear as a witness on his own behalf if hedecides to do so after consultation with his attorney, and the right to have the charges proven against his beyond and to the exclusion of every reasonable doubt by the State, the right to require the State to prove its case and to carry its burden of proof without the Defendant having to prove anything regarding his innocence, the right to have the Court issue
subpoenas or otherwise order witnesses to appear on the Defendant’s behalf in trial, the right
to have the jury decide the case unanimously, and finally, the right to appeal any adverse rulings to the Court of Appeal. The Defendant further acknowledges that RONALD LOWY have reviewed the discovery disclosed by the State describing the items of physical evidence, and that the Defendant has discussed with his attorney the nature of the physical evidence disclosed by the State, and that there is no physical evidence disclosed by the State or otherwise for which DNA testing may exonerate the Defendant, and further, that the Defendant is waiving his right to have that physical evidence tested for DNA evidence, if it has not already been examined. The Defendant understands that by entering this agreement, he is giving up those rights and that there will not be a sentencing hearing or an appeal of any issues or any post-conviction motions unless the Court deviates from the sentencing agreement. The Defendant acknowledges that if he is not a United States citizen, this plea will subject his to deportation pursuant to the laws and regulations governing the United States Department of Homeland Security, Immigration and Customs Enforcement. The Defendant has spoken to RONALD LOWY about the possible immigration consequences of this agreement. The Defendant is satisfied with the advice RONALD LOWY have given him. Even if this agreement subjects the Defendant to deportation, Defendant still desires to enter into this plea agreement. 18.
The Defendant further acknowledges that if this case had gone to trial and the Defendant was convicted as charged after trial, the Defendant would be sentenced in accordance with the
Criminal Punishment Code
, governed by Florida Statutes §§ 921.002 and 921.0022. As such, the Defendant could be sentenced to a wide range of sentences. In accordance with the guidelines, the Defendant acknowledges, aside from this plea agreement, that had he been convicted as charged, he could have been sentenced to a twenty years in state prison. 19.
The Defendant acknowledges that if he is found to have violated the terms of his probation under his agreement, he may be sentenced to a maximum of five (5) years in state prison, less credit for any time served prior and pursuant to this plea agreement. The Defendant further acknowledges that his attorney have made no promises or suggestions regarding the length of any sentence the Defendant would receive should he be found in violation of his probation. 20.
The Defendant waives his right to a Pre-Sentence Investigation Report. 21.
This Agreement is not binding until it is signed by the Defendant, defense counsel, the assigned Assistant State Attorney, and ratified by the Court. 22.
All the agreements between the State of Florida and the Defendant are contained in this contract. There are no other agreements between the State of Florida and the Defendant with regard to this case.
The execution of this agreement by the Defendant constitutes an understanding, acknowledgment, and agreement to the special conditions of probation as mentioned herein, in addition to the standard terms and conditions of probation appearing on the "Terms and Conditions of Probation" form. For purposes of the knowing, intelligent, and voluntary waiver of rights which have been enumerated herein, as well as the signature acknowledging the same below, and the initials on every page herein acknowledging that the Defendant has read the entire document, the Defendant further acknowledges that he is fluent in English, and that he has read this agreement in English, without the aid of an official court interpreter, and that he fully understands the terms and conditions contained herein. Having read the above-mentioned terms of this plea agreement, and having been advised by my counsel, RONALD LOWY, I, PASCAL REID, freely and voluntarily enter into this agreement and agree to abide by all terms and conditions of this agreement, and agree that failure to comply with any terms or conditions within this agreement constitutes a violation of probation and subjects me to be sentenced to the statutory maximum penalties provided by law for the crimes for which I have been convicted. This agreement is entered into freely and voluntarily on this _________ day of September, 2015.
Defendant’s Initials______ Defense Counsel’s Initials______ ASA’s Initials______
(6) satisfied that he understands all the conditions and obligations contained herein, that he is entering into this agreement freely and voluntarily with full knowledge of its contents, that no additional promises have been made regarding his sentence, or potential sentences, and further, that he has read this entire agreement. __________________________________ RONALD LOWY Attorney for the Defendant KATHERINE FERNANDEZ RUNDLE STATE ATTORNEY By:____________________________ Thomas Haggerty Assistant State Attorney Florida Bar # 46136 1350 N.W. 12th Avenue Miami, FL 33136-2111 (305) 547-0100