The United States government says it will not ask for a cumulative sentence of more than 60 months in the case of a Roanoke Rapids man who has pleaded guilty to two counts in his federal indictment related to catalytic converter theft.
The electronic court documents in the case of Theodore Nicholas Papouloglou were filed last month in the eastern district of Virginia federal court system ahead of his anticipated February 20 sentencing date in Richmond.
The most recent documents filed in the case lay out the details of his plea.
In August he pleaded guilty to counts one and three of his federal indictment.
Count one charges him with evasion of income tax assessments and count three charges him with conspiracy to transfer, receive, conceal and sell stolen goods.
The maximum penalties for count one are a maximum term of five years of imprisonment, a fine of $100,000, the costs of prosecution, full restitution of $465,325, a special assessment, and a maximum supervised release term of three years.
The maximum penalties for count three are a maximum term of five years imprisonment, a fine of $250,000, a special assessment, the forfeiture of assets, full restitution, and a maximum supervised release term of three years.
The following vehicles are up for forfeiture in the case:
A 2021 Ford F250 Roush edition pickup
A 2021 Jeep Gladiator Sport Apocalypse edition
A 2017 Lamborghini Huracan convertible
A 2020 McLaren 720s convertible
A 2021 Mercedes-AMG G63
A 2019 Ferrari 488 Pista
A 2021 McLaren 765LT
A 2021 Ford F450 Super Duty pickup
“The defendant understands that any supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release,” the document says.
The document notes that Papouloglou “will plead guilty because the defendant is in fact guilty of the charged offenses. The defendant admits the facts set forth in the statement of facts filed with this plea agreement and agrees that those facts establish guilt of the offenses charged beyond a reasonable doubt.”
The document does note, "The United States and the defendant further agree that the defendant has assisted the government in the investigation and prosecution of the defendant’s own misconduct by timely notifying authorities of the defendant’s intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently."
The court has not yet determined a sentence, sentencing guidelines, recommendations, and roles, the document filed by United States Attorney Jessica Aber says. “The defendant understands that the court has jurisdiction and authority to impose any sentence within the statutory maximum … but that the court will determine the defendant’s actual sentence in accordance with (federal statutes). The defendant understands that the court has not yet determined a sentence and that any estimate of the advisory sentencing range under the U.S. Sentencing Commission’s Sentencing Guidelines Manual the defendant may have received from the defendant’s counsel, the United States, or the Probation Office, is a prediction, not a promise, and is not binding on the United States, the Probation Office, or the court.”
Additionally, pursuant to the supreme court’s decision in United States v. Booker, 543
U.S. 220 (2005), the court, after considering the factors set forth, may impose a sentence above or below the advisory sentencing range, subject only to review by higher courts for reasonableness. “The United States makes no promise or representation concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty plea based upon the actual sentence.”
The original four-count indictment says Papouloglou in November of 2020 incorporated DG Auto South LLC in Emporia as a scrap metal business which routinely purchased and sold automotive parts, including catalytic converters. It also operated as a money transmission business in connection with the purchase and sale of catalytic converters.
In November of 2019 Papouloglou incorporated Strategic Converter & Cores, a limited liability company registered to his mother's address in Gaston, a company the indictment refers to as an alter ego of the Virginia business.
