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February 14, 2018

William Schwartz
Laura Grossfield Birger
Cooley LLP
1114 Avenue of the Americas
New York, NY 10036

Re: United States v. Alex van der Zwaan


Dear Counsel:


This letter sets forth the full and complete plea offer to your client Alex van der Zwaan (hereinafter referred to as "your client" or "defendant"), from the Special Counsel's Office (hereinafter also referred to as "the Government" or "this Office"). If your client accepts the terms and conditions of this offer, please have your client execute this document in the space provided below. Upon receipt of the executed document, this letter will become the Plea Agreement (hereinafter referred to as "this Agreement"). The terms of the offer are as follows:


1. Charges and Statutory Penalties


Your client agrees to waive indictment, plead guilty to a Criminal Information, a copy of which is attached, charging your client with one count of making false statements to the Special Counsel's Office, including Special Agents with the Federal Bureau oflnvestigation, in violation of 18 U.S.C. § 1001(a)(2).


Your client understands that a violation of 18 U.S.C. § 1001 carries a maximum sentence of 5 years' imprisonment; a fine of $250,000, pursuant to 18 U.S.C. § 3571 (b)(3); a term of supervised release of not more than 3 years, pursuantto 18 U.S.C. § 3583(b)(2); and an obligation to pay any applicable interest or penalties on fines and restitution not timely made.


In addition, your client agrees to pay a mandatory special assessment of $100 per felony conviction to the Clerk of the United States District Court for the District of Columbia before sentencing. Your client also understands that, pursuant to 18 U.S.C. § 3572 and § 5E1.2 of the United States Sentencing Guidelines, Guidelines Manual (2016) (hereinafter "Sentencing Guidelines," "Guidelines," or "U.S.S.G."), the Court may also impose a fine that is sufficient to pay the federal government the costs of any imprisonment, term of supervised release, and period of probation.


2. Plea


Your client understands and acknowledges that this Agreement and any plea of guilty which your client may enter pursuant to this Agreement are contingent upon the entry of a guilty plea by the defendant in this case. If your client fails to enter a guilty plea, this Agreement and any proceedings pursuant to this Agreement may be withdrawn or voided in whole or in part at the option of this Office.