============= Page 1 of 2 ============= IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA, ) Plaintiff, ) v. ) ANDREW S. FASTOW, ) Defendant. ) Cr. No. H-02-665 SENTENCE DATA SHEET DEFENDANT: ANDREWS. FASTOW CRIMINAL NO: H-02-665 GUILTY PLEA: Count Two (Conspiracy to Commit Wire Fraud); Count Five (Conspiracy to Commit Wire and Securities Fraud) SUBSTANCE OF AGREEMENT: Pursuant to Fed. R. Crim. P. 1 l(c)(1)(B), Defendant will plead guilty to counts two and five of the Superseding Indictment (conspiracy to commit wire and securities fraud). The parties agree that the sentence should be the statutory maximum for those charges, a total of ten years. COUNT TWO: Conspiracy (18 U.S.C. § 371) COUNT FIVE: Conspiracy (18 U.S.C. § 371) ELEMENTS: 1) An agreement between two or more persons, 2) to commit a crime against the United States, and -I- EXH025-01764 ============= Page 2 of 2 ============= 3) an overt act committed by one of the conspirators in furtherance of the agreement. PENALTY: On each count: Imprisonment not to exceed 5 years and a fine not to exceed $250,000 or twice gain/loss. 18 U.S.C. §§ 371 and 3571(b)(3). Supervised release after imprisonment of not more than 3 years. 18 U.S.C. §§ 3559(a)(4) and 3583(b)(2). SENTENCING GUIDELINES: Applicable. SPECIAL ASSESSMENT: $200. 18 U.S.C. § 3013(a)(2)(A) ($100 per each count). ATTACHMENT: Plea Agreement DEFENDANT WAIVED HIS RIGHT TO APPEAL: Yes -2- EXH025-01765