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Old December 19th 11, 08:51 PM posted to
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First recorded activity by ChessBanter: Jul 2011
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Default Alexander Plea Agreement

This is the Alexander plea agreement entered into in court. Apologies
for the formating, but I think you can read it through without too
much trouble.

I, Gregory Alexander, and the United States Attorney's Office for the
Northern District of
California (hereafter "the government") enter into this written plea
agreement (the "Agreement")
pursuant to Rule 1 1 (c)(1)(A) and 1 1(c)(1)(B) of the Federal Rules
of Criminal Procedu
The Defendant's Promises

1. 1 agree to plead guilty to Count One of the captioned Superseding
charging me with unlawful access to stored communications, in
violation of 18 U.S.C. §
2701(a)(1). I agree that the elements of the offense are as follows:
(1) I intentionally accessed a
facility that provided an electronic communication service without
authorization or exceeded
authorized access to the facility; (2) in doing so I obtained,
altered, or prevented authorized access to a communication in
electronic storage. I agree that the maximum penalties are as follows:
a. Maximum prison term One year
b. Maximum fine $100,000
c. Maximum supervised release term One year
d. Restitution As ordered by the Court
e. Mandatory special assessment $25

2. I agree that lam guilty of the offense to which I am pleading
guilty, and I agree
that the following facts are true: Beginning no later than November
26, 2007, and continuing through at least June 24, 2008, 1
intentionally accessed the Yahoo! e-mail account of Randall Hough,
. In doing so, I read e-mail messages, including
unopened messages, in Hough's account. Hough did not authorize me to
access his e-mail account.
I am aware that the Yahoo! computer servers on which Hough's e-mail
account was maintained were located in the Northern District of
California and I agree that they were a facility through which an
electronic communication service was provided, as defined in 18 U.S.C.
§ 2510(15). I also agree that the messages in Hough's account were in
electronic storage at the time that I accessed them, as defined in 18
U.S.C. § 2510(17)(A).
Prior to November 2007, 1 had volunteer col .e.,c4eves,0 PAe--
w w . s part of my ..ti-s with the forum, I was able to see the user
names and passwords that participants used to access the forum. Hough
was a member of the forum and I used the login information for his
forum account to obtain unauthorized access to his e-mail account.
During the time that 1 repeatedly accessed his personal e-mail
account, Hough was a member of the United States Chess Federation's
Board of Directors. By gaining access to Hough's e-mail account, I was
able to obtain confidential information related to a United States
Chess Federation internal investigation. I forwarded some of that
information to other individuals who were associated with the United
States Chess Federation.

3. 1 agree to give up all rights that 1 would have if I chose to
proceed to trial,
including the rights to a jury trial with the assistance of any
attorney; to confront and cross-
examine government witnesses; to remain silent or testify; to move to
suppress evidence or raise
any other Fourth or Fifth Amendment claims; to any further discovery
from the government; and
to pursue any affirmative defenses and present evidence. I also agree
to waive venue, if
necessary, for the charges filed in this case.

4. I agree to give up my right to appeal my conviction, the judgment,
and orders of
the Court. I also agree to waive any right I have to appeal any aspect
of my sentence, including
any orders relating to forfeiture and or restitution.

5. I agree not to file any collateral attack on my conviction or
sentence, including a
petition under 28 U.S.C. § 2255 or 28 U.S.C. § 2241, or motion under
18 U.S.C. § 3582, at any
time in the future after 1 am sentenced, except that I reserve my
right to claim that my counsel
was ineffective in connection with the negotiation of this Agreement
or the entry of my guilty
plea. 1 understand that the government will not preserve any physical
evidence obtained in this

6. 1 agree not to ask the Court to withdraw my guilty plea at any time
after it is
entered. I understand that by entering into this Agreement: (a) I
agree that the facts set forth in
Paragraph 2 of this Agreement shall be admissible against me under
Fed. R. Evid. 801(d)(2)(A)
in any subsequent proceeding, including at trial, in the event I move
to withdraw my guilty plea
to the charge in the Information, and (b) 1 expressly waive any and
all rights under Fed. R. Crim.
11(f) and Fed. R. Evid. 410 with regard to the facts set forth in
Paragraph 2 of this Agreement in
such subsequent proceeding.

7. I agree that the Court will use the Sentencing Guidelines to
calculate my sentence.
I understand that the Court must consult the Guidelines and take them
into account when
sentencing, together with the factors set forth in 18 U.S.C. §
3553(a). 1 also understand that the
Court is not bound by the Guidelines calculations below, the Court may
conclude that a higher Guidelines range applies to me, and, if it
does, I will not be entitled, nor will I ask to withdraw my guilty
plea. I agree that regardless of the sentence that the Court imposes
on me, I will not be entitled, nor will I ask, to withdraw my guilty
plea. I also agree that the Sentencing Guidelines offense level will
be calculated as follows and that I will not ask for any other
adjustment to or reduction in the offense level or for a downward
departure from the Guidelines range as determined by the Court. The
parties have reached no agreement regarding my Criminal History

a. Base Offense Level: U.S.S.G. §2B1.1(a). 6
b. Acceptance of Responsibility: If I meet the -2
requirements of U.S.S.G. §3E1.1, I may be entitled to a two-level
reduction for acceptance of responsibility, provided that I
forthrightly admit my guilt, cooperate with the Court and the
Probation Office in any
presentence investigation ordered by the Court, and continue to
manifest an acceptance of responsibility through and including the
time of sentencing.
c. Adjusted offense level: 4

8. I agree that regardless of any other provision of this Agreement,
the government may and will provide the Court and the Probation Office
with all information relevant to the charged offense and the
sentencing decision. 1 agree that, based on the nature of the offense,
the Court should impose the following special condition of supervised
release which is reasonably related to deterrence and rehabilitation:

Special Condition (Searches)
The defendant shall submit his person, residence, office, vehicle, or
any property under his control to a search. Such a search shall be
conducted by a United States Probation Officer or any federal, state,
or local law enforcement
officer at any time with or without cause. Failure to submit to such a
search may be grounds for revocation; the defendant shall warn any
residents that the premises may be subject to searches.

9. I agree to pay restitution for all the losses caused by all the
schemes or offenses with which I was charged in this case, and I agree
that the amount of restitution will not be limited to the loss
attributable to the count to which I am pleading guilty, pursuant to
18 U.S.C. §3663(a)(3). I agree that the Court may order and I will pay
restitution in an amount to be set by
the Court, and that restitution will include the following pecuniary
harm, regardless of whether
such pecuniary harm was reasonably foreseeable: any reasonable cost to
any victim, including the
cost of responding to an offense, conducting a damage assessment, and
restoring the data,
program, system, or information to its condition prior to the offense,
and any revenue lost, cost
incurred, or other damages incurred because of interruption of
service. 1 agree that any fine,
forfeiture, or restitution imposed by the Court against me will he
immediately due and payable
and subject to immediate collection by the government and 1 understand
that the government may
seek immediate collection of the entire fine, forfeiture, or
restitution from any assets without
regard to any schedule of payments imposed by the Court or established
by the Probation Office.
I agree that I will make a good-faith effort to pay any fine,
forfeiture, or restitution I am ordered
to pay. Before or after sentencing, I will upon request of the Court,
the government, or the
Probation Office, provide accurate and complete financial information,
submit sworn statements
and give depositions under oath concerning my assets and my ability to
pay, surrender assets I
obtained as a result of my crimes, and release funds and property
under my control in order to
pay any fine, forfeiture, or restitution. I agree to pay the special
assessment at the time of

10. 1 agree not to commit or attempt to commit any crimes before
sentence is imposed
or before I surrender to serve my sentence. I also agree not to
violate the terms of my pretrial
release; not to intentionally provide false information to the Court,
the Probation Office, Pretrial
Services, or the government; and not to fail to comply with any of the
other promises I have
made in this Agreement. I agree that ift fail to comply with any
promises I have made in this
Agreement, then the government will he released from all of its
promises in this Agreement,
including those set forth in the Government's Promises Section below,
but i will not be released
from my guilty plea.

11. 1 agree that this Agreement contains all of the promises and
agreements between
the government and me, and I will not claim otherwise in the future.
12. I agree that the Agreement binds the U.S. Attorney's Office for
the Northern
District of California only, and does not hind any other federal,
state, or local agency.

The Government's Promises

13. The government agrees not to file any additional charges against
the defendant
that could be filed as a result of the investigation that led to the
captioned Information.

14. The government agrees to recommend a sentence of one year
probation based on
the Guideline calculations set out above, unless the defendant
violates the terms of the agreement
above or fails to accept responsibility.

The Defendant's Affirmations

15. I confirm that I have had adequate time to discuss this case, the
evidence, and the
Agreement with my attorney and that my attorney has provided me with
all the legal advice that I

16. I confirm that the while I considered signing this Agreement, and
at the time I
signed it, I was not under the influence of any alcohol, drug, or
medicine that would impair my
ability to understand the Agreement.

17. I confirm that my decision to enter a guilty plea is made knowing
the charges that
have been brought against me, any possible defense, and the benefits
and possible detriments of
proceeding to trial. I also confirm that my decision to plead guilty
is made voluntarily, and no
one coerced or threatened me to enter into this Agreement.

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