UNITED STATES OF AMERICA against WANZHOU MENG
The United States Attorney's Office for the Eastern District of New York, the Money Laundering and Asset Recovery Section of the Criminal Division of the U.S. Department of Justice (“DOJ”), and the DOJ's National Security Division's Counterintelligence and Export Control Section (collectively, the “Offices”) and the defendant WANZHOU MENG (“MENG”)
agree as follows:
1. The Offices agree to defer prosecution of MENG for the charges in the above-captioned third superseding indictment (the “Indictment”) for four years from the date of her arrest in Canada (the “deferral period”). MENG waives all rights to a speedy trial pursuant to the Sixth Amendment of the United States Constitution, Title 18, United States Code, Section 3161, Federal Rule of Criminal Procedure 48(b), and any applicable Local Rules of the United States District Court for the Eastern District of New York for the deferral period.
2. The DOJ will, upon execution of this Deferred Prosecution Agreement (the “Agreement”) by all parties and approval by the Court of an exclusion of time under this Agreement, promptly notify the Minister of Justice of Canada that it is withdrawing its request for MENG's extradition.
3. The Offices will recommend to the Court that MENG be released on a personal recognizance bond with the Standard Conditions of Release, including that she not commit any federal, state, or local crime. In that regard, however, the Offices agree that the Standard Condition of Release (2) (related to a DNA sample) is inapplicable to this case, the Offices do not recommend imposing a reporting requirement, and the balance of the conditions would apply to conduct within the jurisdiction of the United States. MENG agrees that, during the deferral period, she will comply with all conditions of this agreement and the Court's order setting conditions of release.
4. The Offices agree that, if MENG is in full compliance with her obligations under this Agreement for the deferral period, they will move to dismiss the Indictment against her, as well as the underlying charging instruments against her, with prejudice and will not bring any criminal charges against her in connection with conspiracy to commit bank fraud, conspiracy to commit wire fraud, bank fraud, and wire fraud, as set forth in Counts Four, Six, Seven and Nine of the Indictment, respectively, or for any of the charges against her in the underlying charging instruments in this matter. Ms. Meng's appearance will not be required for the dismissal.
5. If MENG fails to comply with her obligations under this Agreement, (a) the Office will be released from its obligations under paragraph 4 above, and (b) prosecutions that are not time-barred by the applicable statutes of limitation on the date the Agreement is signed may be commenced against MENG, notwithstanding the expiration of the statutes of limitation between the signing of the Agreement and the commencement of any such prosecutions. MENG further agrees that venue for any such prosecution would be proper in the Eastern District of New York and that she will not contest venue in any such prosecution.
6. MENG stipulates that she has reviewed the facts described in the Statement of Facts, attached as Exhibit A to this Agreement and incorporated by reference, with the undersigned counsel and a translator, and that all of the facts in the Statement of Facts are true and accurate to the best of her information and belief. Should the Offices pursue the prosecution that is deferred by this Agreement, MENG stipulates to the admissibility of the Statement of Facts, attached as Exhibit A to this Agreement, in any proceeding against her, including any trial, guilty plea, or sentencing proceeding, and will not contradict anything in the Statement of Facts at any such proceeding.
7. MENG agrees that her entry into this Agreement in general, and in particular that her agreement that the Statement of Facts is true and accurate, is being made knowingly and voluntarily. MENG further agrees that she, and her lawyers and representatives authorized to speak on her behalf, will not make any statements after entry into this Agreement that: (1) contradict any of the facts in the Statement of Facts; or (2) state, suggest, or imply in any way that her entry into this Agreement was involuntary, unknowing or coerced. Any such statements by MENG, her lawyers, or her representatives will constitute a breach of agreement under the terms of Paragraph 5.
8. MENG irrevocably waives any and all claims for relief, demands, rights, and causes of action of whatsoever kind and nature arising from, and by reason of any and all known and unknown, foreseen and unforeseen, personal injury and monetary damage and the consequences thereof which she may have or hereafter acquire against the United States of America and its agents, servants, and employees in connection with or on account of the captioned case and its subject matter, including any future claim or lawsuit of any kind or type whatsoever, and whether for compensatory or exemplary damages, including without limitation any claim under the “Hyde Amendment,” 18 U.S.C. § 3006A note. The foregoing waiver is continual and permanent and is not limited to the deferral period.
9. This Agreement sets forth all the terms of the Agreement between MENG and the Offices. No modifications or additions to this Agreement shall be valid unless they are in writing and signed by the signatories listed below. This Agreement supresedes all prior agreements, representations and promisses by or between the parties.

Attachment A Statement of Facts.pdf