Gabe Whitley's Guilty Plea for Filing False Federal Campaign Finance Reports

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) CAUSE NO.
)
GABRIEL WHITLEY,
a/k/a “Honest Gabe”,
)
)
)
Defendant. )
PETITION TO ENTER PLEA OF GUILTY AND PLEA AGREEMENT
The United States of America, by counsel, Zachary A. Myers, United States Attorney for
the Southern District of Indiana, and Tiffany Preston, Assistant United States Attorney, and Corey
R. Amundson, Chief of the Public Integrity Section of the U.S. Department of Justice, and Jacob
R. Steiner, Trial Attorney of the Public Integrity Section of the U.S. Department of Justice (“the
Government”), and the defendant, Gabriel Whitley a/k/a “Honest Gabe,” (“the defendant”), in
person and by counsel, Gwendolyn Beitz, hereby inform the Court that a Plea Agreement has been
reached in this case pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B). The following
are its terms and conditions:
Guilty Plea and Charge
1. Plea of Guilty: The defendant, having waived the right to indictment by a grand
jury, petitions the Court for leave to enter and agrees to enter a plea of guilty to the following
offense charged in the Information:
a. Count 1, which charges that the defendant committed the offense of making
materially false statements, in violation of Title 18, United States Code, Section 1001(a)(2).
1:25-cr-00006-JRS-TAB
FILED
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
Kristine L. Seufert, Clerk
01/08/2025
Case 1:25-cr-00006-JRS-TAB Document 8 Filed 01/08/25 Page 1 of 17 PageID #: 12

2
2. Potential Maximum Penalties:
a. Count 1 is punishable by a maximum sentence of 5 years of imprisonment,
a $250,000 fine, and 3 years of supervised release following any term of imprisonment.
3. Elements of the Offense: To sustain the offense to which the defendant is pleading
guilty, the Government must prove the following elements beyond a reasonable doubt:
a. Count 1:
i. The defendant made a false, fictitious, or fraudulent statement or
representation;
ii. The false, fictitious, or fraudulent statement or representation was
material;
iii. The defendant acted knowingly and willfully; and
iv. The statement or representation was made in a matter within the
jurisdiction of the executive branch of the Government of the United States.
General Provisions
4. Sentencing Court’s Discretion Within Statutory Range: The defendant agrees
and understands that: (A) the Court will use its discretion to fashion a sentence within the statutory
range(s) set forth above; (B) the Court will consider the factors set forth in 18 U.S.C. § 3553(a) in
determining the appropriate sentence within the statutory range; (C) the Court will also consult
and take into account the United States Sentencing Guidelines (“Sentencing Guidelines” or
“U.S.S.G.”) in determining the appropriate sentence within the statutory range; (D) the Sentencing
Guidelines are not mandatory or binding on the Court, but are advisory in nature; (E) restitution
may be imposed; (F) by pleading “Guilty” to more than one offense (Count), the Court may order
the sentences to be served consecutively one after another; (G) the final determination concerning

3
the applicable advisory guideline calculation, criminal history category, and advisory sentencing
guideline range will be made by the Court; and (H) by pleading “Guilty,” the Court may impose
the same punishment as if the defendant had plead “Not Guilty,” had stood trial and been convicted
by a jury.
5. Sentencing Court Not Bound by Guidelines or Recommendations: The
defendant acknowledges that this Plea Agreement is governed by Federal Rule of Criminal
Procedure 11(c)(1)(B) and that the determination of the defendant’s sentence is within the
discretion of the Court. The defendant understands that if the Court decides to impose a sentence
higher or lower than any recommendation of either party, or determines a different advisory
sentencing guideline range applies in this case, or decides to impose a sentence outside of the
advisory sentencing guideline range for any reason, then the defendant will not be permitted to
withdraw this plea of guilty for that reason and will be bound by this plea of guilty.
6. Plea Agreement Based on Information Presently Known: The defendant
recognizes and understands that this Plea Agreement is based upon the information presently
known to the Government. The Government agrees not to bring other federal charges against the
defendant based on information currently known to it.
The Government will inform the Court and the defendant at the time of taking the
defendant’s plea whether the Government has obtained any information after the Plea Agreement
was signed that may warrant bringing other federal charges against the defendant.
7. No Protection From Prosecution for Unknown or Subsequent Offenses: The
defendant acknowledges and agrees that nothing in this agreement shall protect the defendant in
any way from prosecution for any offense not specifically covered by this agreement, or not known
to the Government at this time. The defendant further acknowledges and agrees that nothing in

4
this agreement shall protect the defendant in any way from prosecution for any offense committed
after the date of this agreement.
8. Rights Under Rule 11(b), Fed. R. Crim. P.: The defendant understands that the
Government has the right, in a prosecution for perjury or false statement, to use against the
defendant any statement that the defendant gives under oath during the guilty plea colloquy. The
defendant also understands that the defendant has the right: (A) to plead not guilty, or having
already so pleaded, the right to persist in that plea; (B) to a jury trial; (C) to be represented by
counsel--and if necessary have the court appoint counsel--at trial and at every other stage of the
proceedings, including appeal; and (D) to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present evidence, and to compel the
attendance of witnesses. The defendant also understands that the Constitution guarantees the right
to be considered for release until trial; and if found guilty of the charge(s), the right to appeal the
conviction on such charge(s) to a higher court. The defendant understands that if the Court accepts
this plea of guilty, the defendant waives all of these rights.
Sentence of Imprisonment
9. Sentencing Recommendation Pursuant to Federal Rule of Criminal Procedure
11(c)(1)(B): The parties have not agreed upon a specific sentence. The parties reserve the right
to present evidence and arguments concerning what they believe to be the appropriate sentence in
this matter.
a. Government’s Recommendation: The Government has agreed to
advocate for a sentence within the advisory Guidelines range, as calculated by the Court at
the time of sentencing, provided that the defendant (i) continues to fully accept
responsibility for the offense, (ii) does not commit a new criminal offense before the date

5
of any sentencing, and (iii) does not otherwise violate the terms of any pre-trial release
before the date of sentencing.
b. Defendant’s Recommendation: The defendant understands that he is free
to recommend any sentence, including a sentence below the advisory Sentencing
Guidelines Range as calculated by the Court at the time of sentencing.
10. Placement: The defendant requests that this Court recommend to the Federal
Bureau of Prisons that the defendant serve any sentence of imprisonment imposed in this case at
an institution named by the defendant at the time of sentencing. The defendant acknowledges and
understands that any recommendation by the Court is only a recommendation and does not bind
the Federal Bureau of Prisons. The Government does not object to the defendant’s requested
recommendation.
11. Supervised Release: Both parties reserve the right to present evidence and
arguments concerning whether the Court should impose a term of supervised release to follow any
term of imprisonment in this case, the duration of any term of supervised release, and the terms
and conditions of the release.
Monetary Provisions
12. Mandatory Special Assessment: The defendant will pay a total of $100 on the
date of sentencing or as ordered by the Court to the Clerk, United States District Court, which
amount represents the mandatory special assessment fee imposed pursuant to 18 U.S.C. § 3013.
13. Fine: The United States will leave the imposition of a fine to the discretion of the
Court.

6
14. Restitution:
a. The Court shall order restitution to each victim in the full amount of each
victim’s losses as required by law and determined by the Court. The defendant agrees to
pay restitution for all losses caused by defendant’s conduct, regardless of whether counts
of the indictment or information dealing with such losses will be dismissed as part of this
plea agreement.
b. The defendant agrees that, while the District Court sets the payment
schedule, this schedule may be exceeded if and when the defendant’s financial
circumstances change. In that event, and consistent with its statutory obligations, the
Government may take any and all actions necessary to collect the maximum amount of
restitution in the most expeditious manner available.
15. Financial Obligations: The defendant understands and agrees to the following
financial obligations:
a. Obligation to Pay: Any financial obligation imposed by the Court,
including a restitution order and/or the implementation of a fine, is due and payable
immediately. In the event the Court imposes a schedule for payment of restitution, such a
schedule represents a minimum payment obligation and does not preclude the United States
Attorney’s Office from pursuing any other means by which to satisfy the defendant’s
financial obligation. The defendant has a continuing obligation to pay in full as soon as
possible any financial obligation imposed by the Court. The Government may use the
Federal Debt Collection Procedures Act and any other remedies provided by law to enforce
any restitution order and/or to collect any fine. The defendant consents to the

7
Government’s use of such legal remedies to collect the defendant’s financial obligation
and hereby waives any objection to such collection efforts.
b. Financial Disclosure: The Defendant shall disclose to the United States
Attorney’s Office and the United States Probation Office all assets in which he/she has any
interest or over which the Defendant exercises control, directly or indirectly, including
those held by a spouse, nominee or third party. The defendant shall truthfully complete
the United States Attorney’s Office’s financial statement form and return the completed
form to both the United States Attorney’s Office and the United States Probation Office.
c. Notice of Material Changes: Prior to sentencing, the defendant shall
provide notice to the United States Attorney’s Office and United States Probation Office
of any material change in the defendant’s economic circumstances, within seven days of
the event giving rise to the changed circumstances. Such changes shall include, but are not
limited to, the transfer of any property, or the defendant’s interest in any property, with a
value exceeding $1,000, owned, possessed, and/or controlled directly or indirectly,
individually or jointly, by the defendant.
d. Failure to Disclose: The defendant’s failure to timely and accurately
complete the financial statement or to provide notice of material change in economic
circumstances may, in addition to any other penalty or remedy, constitute the defendant’s
failure to accept responsibility under U.S.S.G § 3E1.1.
e. Material Misrepresentations and Omissions: If the defendant makes any
material misrepresentation or omission in or regarding the above-described financial
obligations, including failing to disclose assets in which the defendant owns, possesses,
controls, or has an interest, the Government may, at its sole option, choose to be relieved

8
of its obligations under this plea agreement. Misrepresentations and/or omissions are
material if they effect the defendant’s net worth by $10,000 or more.
Abandonment of Other Seized Property
16. The defendant understands that property may have been seized by federal, state, or
local law enforcement agencies during the investigation and prosecution of this cause, which was
not identified as property that is subject to forfeiture and is not contraband. If such property is not
forfeited and/or has not been returned to the defendant by the date of sentencing, then the defendant
agrees to abandon all right, title, and interest the defendant may have in such property, so that
proper disposition, including destruction, may be made thereof by federal, state, or local law
enforcement agencies without further notice or obligation whatsoever owing to the defendant. The
defendant consents to the vesting of title to such property to the United States, pursuant to Title
41, Code of Federal Regulations, Section 128-48.102-1. The defendant waives any right to receive
notice or a hearing with respect to any motion, pleading, order, or any other action that the
Government might take to carry out the abandonment, disposition, and/or destruction of such
property. The defendant’s waiver includes, without limitation, all common law, statutory, and
constitutional claims or challenges, on any grounds, arising at any time from, or relating to, the
seizure, abandonment, disposition, and destruction of such property. The defendant further agrees
to hold the United States of America, its agents and employees, harmless from any claims
whatsoever in connection with the seizure, abandonment, disposition, and destruction of such
property.
Factual Basis for Guilty Plea
17. The defendant admits that each and every fact alleged in the Information is true.
The parties stipulate and agree that the Government could prove each and every fact alleged in the

9
Information to a jury beyond a reasonable doubt if the case went to trial and that such facts establish
a sufficient factual basis for the defendant’s plea of guilty to the offense set forth in paragraph 1,
above. The parties acknowledge that such facts are only a summary of the Government’s evidence.
The parties reserve the right to present additional evidence at the time of sentencing, if they so
choose, and this paragraph is not intended to foreclose the presentation of such additional evidence.
Other Conditions
18. Background Information: The defendant acknowledges and understands that no
limitation shall be placed upon the Court’s consideration of information concerning the
background, character, and conduct of the defendant for the purpose of imposing an appropriate
sentence. The defendant acknowledges and understands that the Government is not prohibited
from providing information concerning background, character, and conduct of the defendant for
the purpose of recommending or advocating an appropriate guideline calculation and sentence.
19. Good Behavior Requirement: The defendant agrees to fully comply with all
conditions of release imposed by the Court during all stages of this case. If the defendant fails to
fully comply with such conditions, then the Government may withdraw from this Agreement.
20. Compliance with Federal and State Laws: The defendant understands that the
obligations of the Government in this Plea Agreement are expressly contingent upon the defendant
abiding by federal and state laws.
Sentencing Guideline Stipulations
21. Guideline Computations: Pursuant to Section 6B1.4 of the Sentencing
Guidelines, the parties agree to the Stipulations below. The parties understand and agree that these
Stipulations are binding on the parties but are only a recommendation to the Court and that the
Court will determine the advisory sentencing guidelines applicable in this case. The parties agree

10
that no stipulation regarding any factors in Chapter 4, Criminal History Category, of the
Sentencing Guidelines has been made, and that such determination will be made by the Court. The
2023 version of the Sentencing Guidelines has been used by the parties to make the stipulations
set forth below.
a. Offense Level Calculation: 8
False Statement Base Offense Level (U.S.S.G. §2B1.1(a)(2)): 6
Abuse of Position of Trust (U.S.S.G. §3B1.3): +2
b. Acceptance of Responsibility: To date, the defendant has demonstrated a
recognition and affirmative acceptance of personal responsibility for the defendant’s
criminal conduct. Based upon the defendant’s willingness to accept a Plea Agreement and
enter a plea of guilty to the criminal conduct noted in this agreement, the Government
agrees that the defendant should receive a two (2) level reduction provided the defendant
satisfies the criteria set forth in Guideline § 3E1.1(a) up to and including the time of
sentencing. The defendant timely notified the Government of defendant’s intention to enter
a plea of guilty, thereby permitting the Government and the Court to allocate their resources
efficiently. The parties reserve the right to present evidence and arguments concerning the
defendant’s acceptance of responsibility at the time of sentencing.
c. The defendant qualifies for the two-level reduction for zero-point offenders,
U.S.S.G. §4C1.1.
d. Final Offense Level: 4.
Waiver of Right to Appeal
22. Direct Appeal: The defendant understands that the defendant has a statutory right
to appeal the conviction and sentence imposed and the manner in which the sentence was
Case 1:25-cr-00006-JRS-TAB Document 8 Filed 01/08/25 Page 10 of 17 PageID #:
21

11
determined. Acknowledging this right, and in exchange for the concessions made by the
Government in this Plea Agreement, the defendant expressly waives the defendant’s right to appeal
the conviction and sentence imposed in this case on any ground, including the right to appeal
conferred by 18 U.S.C. § 3742. The defendant further expressly waives any and all challenges to
the statute to which the defendant is pleading guilty on constitutional grounds, as well as any
challenge that the defendant’s admitted conduct does not fall within the scope of the applicable
statute. This waiver of appeal specifically includes all provisions of the guilty plea and sentence
imposed, including the length and conditions of supervised release and the amount of any fine.
23. Later Legal Challenges: Additionally, the defendant expressly agrees not to
contest, or seek to modify, the defendant’s conviction or sentence or the manner in which either
was determined in any later legal proceeding, including but not limited to, an action brought under
18 U.S.C. § 3582 or 28 U.S.C. § 2255, except as follows:
a. Ineffective Assistance of Counsel: As concerns the Section 2255 waiver,
the waiver does not prevent claims, either on direct or collateral review, that the defendant
received ineffective assistance of counsel.
b. Retroactive Sentencing Guidelines Reductions: As concerns this Section
3582 waiver, should the United States Sentencing Commission and/or Congress in the
future amend the Sentencing Guidelines to lower the guideline range that pertains to the
defendant’s offense and explicitly make such an amendment retroactive, the Government
agrees that it will not argue that this waiver bars the defendant from filing a motion with
the district court pursuant to 18 U.S.C. § 3582(c)(2) based on that retroactive Guidelines
amendment. However, if the defendant files such a motion, the Government may oppose
22

12
the motion on any other grounds. Furthermore, should the defendant seek to appeal an
adverse ruling of the district court on such a motion, this waiver bars such an appeal.
c. Motions for Compassionate Release: As concerns this Section 3582
waiver, the defendant reserves the right to file motions seeking a “compassionate release”
sentence reduction pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) based on “extraordinary and
compelling reasons” set forth in U.S.S.G. § 1B1.13. The government reserves the right to
oppose any motion for compassionate release on any grounds.
24. No Appeal of Supervised Release Term and Conditions: The defendant waives
the right to appeal the length and conditions of the period of supervised release.
Presentence Investigation Report
25. The defendant requests and consents to the commencement of a presentence
investigation by probation officers of the United States District Court for purposes of preparing a
Presentence Investigation Report at this time and prior to the entry of a formal plea of guilty.
26. The defendant further requests and consents to the review of the defendant’s
Presentence Investigation Report by a Judge, defendant’s counsel, the defendant, and the
Government at any time, including prior to entry of a formal plea of guilty.
Immigration Consequences
27. The defendant recognizes that pleading guilty may have consequences with respect
to the defendant’s immigration status if the defendant is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the offenses to which the
defendant is pleading guilty. The defendant also recognizes that removal will not occur until
service of any sentence imposed in this case has been completed. Removal and other immigration
consequences are the subject of a separate proceeding, however, and the defendant understands
23

13
that no one, including the defendant’s attorney or the Court, can predict to a certainty the effect of
the conviction in this case on the defendant’s immigration status. The defendant nevertheless
affirms that the defendant wants to plead guilty regardless of any immigration consequences that
this plea may entail, even if the consequence is the defendant’s removal from the United States.
Statement of the Defendant
28. By signing this document, the defendant acknowledges the following:
a. I have received a copy of the Information and have read and discussed it with my
attorney. I believe and feel that I understand every accusation made against me in this case. I wish
the Court to omit and consider as waived by me all readings of the Information in open Court, and
all further proceedings including my arraignment.
b. I have told my attorney the facts and surrounding circumstances as known to me
concerning the matters mentioned in the Information, and believe and feel that my attorney is fully
informed as to all such matters. My attorney has since informed, counseled and advised me as to
the nature and cause of every accusation against me and as to any possible defenses I might have
in this case.
c. I have read the entire Plea Agreement and discussed it with my attorney.
d. I understand all the terms of the Plea Agreement and those terms correctly reflect
the results of plea negotiations.
e. Except for the provisions of the Plea Agreement, no officer or agent of any branch
of Government (federal, state or local), nor any other person, has made any promise to me, or
within my knowledge to anyone else, that I would receive a lighter sentence, or probation, or any
other form of leniency, if I would plead “Guilty.” I respectfully request that the Court consider in
mitigation of punishment at the time of sentencing the fact that by voluntarily pleading “Guilty” I
24

14
have saved the Government and the Court the expense and inconvenience of a trial. I understand
that before it imposes sentence, the Court will address me personally and ask me if I wish to make
a statement on my behalf and to present any information in mitigation of punishment.
f. I am fully satisfied with my attorney’s representation during all phases of this case.
My attorney has done all that anyone could do to counsel and assist me and that I fully understand
the proceedings in this case against me.
g. I make no claim of innocence, and I am freely and voluntarily pleading guilty in
this case.
h. I am pleading guilty as set forth in this Plea Agreement because I am guilty of the
crime to which I am entering my plea.
i. I understand that if convicted, a defendant who is not a United States Citizen may
be removed from the United States, denied citizenship, and denied admission to the United States
in the future.
j. My attorney has informed me, and I understand, that I have the right to appeal any
conviction and sentence that I receive, unless I have waived my right to appeal as part of this Plea
Agreement. If I have not waived my right to appeal, I understand that I must file a Notice of
Appeal within fourteen (14) days of the entry of the judgment in this case; I further understand
that the Clerk of the Court will prepare and file a Notice of Appeal on my behalf if I ask that to be
done. I also understand that the United States has the right to appeal any sentence that I receive
under this Plea Agreement.
k. My attorney has informed me, and I understand, that if I provide or cause to be
provided materially false information to a judge, magistrate judge, or probation office, then Section
25

15
3C1.1 of the Sentencing Guidelines allows the Court to impose a two-level increase in the offense
level.
l. If this cause is currently set for trial on the Court’s calendar, I request that this date
be continued to permit the Court to consider this proposed guilty Plea Agreement. I further
understand that any delay resulting from the Court’s consideration of this proposed guilty Plea
Agreement, up to and including the date on which the Court either accepts or rejects my guilty
plea, will be excluded in computing the time within which trial of this cause must commence,
pursuant to 18 U.S.C. § 3161(h)(1)(G).
Certificate of Counsel
29. By signing this document, the defendant’s attorney and counselor certifies as
follows:
a. I have read and fully explained to the defendant all the accusations against the
Defendant which are set forth in the Information in this case;
b. To the best of my knowledge and belief each statement set forth in the foregoing
petition to enter plea of guilty and Plea Agreement is in all respects accurate and true;
c. The plea of “Guilty” as offered by the defendant in the foregoing petition to enter
plea of guilty and Plea Agreement accords with my understanding of the facts as related to me by
the defendant and is consistent with my advice to the defendant;
d. In my opinion, the defendant’s waiver of all reading of the Information in open
Court, and in all further proceedings, including arraignment as provided in Fed. R. Crim. P. 10, is
voluntarily and understandingly made; and I recommend to the Court that the waiver be accepted
by the Court;
26

16
e. In my opinion, the plea of “Guilty” as offered by the defendant in the foregoing
petition to enter plea of guilty and Plea Agreement is voluntarily and understandingly made and I
recommend to the Court that the plea of “Guilty” be now accepted and entered on behalf of the
defendant as requested in the foregoing petition to enter plea of guilty and Plea Agreement.
27

1-03-2025
1/4/25
1.6.25
01/06/2025
28

Gabe Whitley's Guilty Plea for Filing False Federal Campaign Finance Reports

More Related Content

More from Abdul-Hakim Shabazz (20)

Recently uploaded (20)

Gabe Whitley's Guilty Plea for Filing False Federal Campaign Finance Reports