1035-00001 · Client 1035 · Engagement

engagement-letter-fonseca-sentencing.docx DOCUMENT M&A / Corporate

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CALDERWOOD & HARKNESS LLP Attorneys at Law

2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: (310) 553-4700 Facsimile: (310) 553-4701 www.calderwoodharkness.com

November 12, 2025

VIA HAND DELIVERY AND EMAIL

Ms. Marguerite D. Fonseca 1847 Mulholland Terrace Los Angeles, California 90068

Re: Engagement for Sentencing Representation — *United States v. Marguerite D. Fonseca*, Case No. 2:24-cr-00583-CMD, United States District Court for the Central District of California, before the Honorable Catherine M. Driscoll

Dear Ms. Fonseca:

1. Purpose of This Letter

Calderwood & Harkness LLP (the "Firm") is pleased that you have selected the Firm to represent you in connection with your upcoming sentencing proceedings in the above-referenced matter. We appreciate the confidence you have placed in us, and we are committed to providing you with the highest quality legal representation during this critical phase of your case.

The purpose of this letter is to set forth the terms and conditions of our engagement, including the scope of our representation, the professionals who will be working on your matter, our fee arrangements, and other important matters that govern the attorney-client relationship between you and the Firm. We believe it is essential that both you and the Firm have a clear, mutual understanding of these terms at the outset of our work together.

We respectfully request that you review this letter carefully and in its entirety. If you are in agreement with the terms described herein, please sign and date the enclosed duplicate original in the space provided at the end of this letter and return it to our offices. Your signature will confirm your acceptance of the terms set forth below and will authorize the Firm to commence work on your behalf. If you have any questions about any provision of this letter, please do not hesitate to contact Conrad Ashby or Victoria Chambers before signing.

2. Background and Procedural Posture

As you are aware, on September 18, 2025, following a jury trial in the United States District Court for the Central District of California, you were convicted on the following counts of the operative Superseding Indictment:

(a) Counts One through Four: Wire Fraud, in violation of 18 U.S.C. § 1343 (four counts);

(b) Counts Five and Six: Money Laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i) (two counts); and

The case was investigated by the Federal Bureau of Investigation, Los Angeles Field Office, and prosecuted by the United States Attorney's Office for the Central District of California. Assistant United States Attorney Brenda K. Tillotson served as lead prosecutor throughout the trial proceedings, with Assistant United States Attorney Derek R. Huang serving as co-counsel for the government.

Following your conviction, the Court referred the matter to the United States Probation Office for the preparation of a Presentence Investigation Report ("PSR"). The PSR was disclosed to the parties on November 3, 2025, prepared under the supervision of United States Probation Officer Michael T. Brennan. The sentencing hearing is currently scheduled for March 6, 2026, before the Honorable Catherine M. Driscoll. You are currently released on a $2.5 million secured bond, subject to conditions of pretrial release imposed by the Court.

We understand and acknowledge that you were represented at trial by Harrison J. Kerrigan of Kerrigan & Wolfe LLP, located at 444 South Flower Street, Suite 1800, Los Angeles, California 90071. The Firm's engagement commences as of the date of this letter and is limited to the sentencing phase of the proceedings only. Our representation is distinct from and does not encompass any matters previously handled by Kerrigan & Wolfe LLP, including but not limited to the trial itself, any pretrial motions, or any other proceedings conducted prior to the date of this engagement. However, the Firm will coordinate with Mr. Kerrigan and his firm as necessary to obtain relevant case files, trial transcripts, exhibits, discovery materials, and any attorney work product that may be useful in preparing for sentencing. We understand that you will authorize the release of such materials to us, and we may ask you to execute a separate authorization to facilitate that transfer.

3. Scope of Representation

The Firm's representation of you is limited to the sentencing phase of United States v. Fonseca, Case No. 2:24-cr-00583-CMD, pending in the United States District Court for the Central District of California. Specifically, our engagement encompasses the following categories of work:

3.1 Review of and Objections to the Presentence Investigation Report

The Firm will undertake a comprehensive review of the PSR prepared by Probation Officer Michael T. Brennan, which was disclosed to the parties on November 3, 2025. This review will encompass the entirety of the PSR, including the offense conduct narrative, the personal history sections, the criminal history calculation, the financial information, and the advisory United States Sentencing Guidelines calculation. The Firm will identify and prepare written objections to any factual inaccuracies, disputed characterizations of the offense conduct, disputed legal conclusions, and any errors in the advisory Sentencing Guidelines calculation set forth in the PSR. These objections will be prepared in accordance with the deadlines established by the Court and the requirements of Federal Rule of Criminal Procedure 32. The Firm will also correspond and meet with the U.S. Probation Office as necessary regarding the PSR, any objections, and any addendum that the Probation Office may prepare in response to objections filed by either party.

3.2 Sentencing Guidelines Analysis

The Firm will conduct an independent and thorough analysis of the applicable United States Sentencing Guidelines as they relate to your case. This analysis will include, without limitation, an assessment of:

(a) The base offense level under United States Sentencing Guidelines § 2B1.1 (Theft, Property Destruction, and Fraud);

(b) Specific offense characteristics, including loss enhancements applicable to the proven loss amount, the enhancement for sophisticated means under § 2B1.1(b)(10)(C), and the enhancement based on the number of victims under § 2B1.1(b)(2)(A)(i);

(c) Adjustments for role in the offense, including the potential application of the abuse of a position of trust enhancement under § 3B1.3;

(d) The applicability of the acceptance of responsibility reduction under § 3E1.1, and whether any basis exists to argue for its application notwithstanding the jury trial conviction; and

(e) Any other Guidelines provisions, commentary, or amendments that may affect the calculation of the advisory Guidelines range.

The Firm will prepare legal memoranda and supporting documentation challenging the Guidelines calculation where appropriate, and will advocate for the most favorable interpretation of the Guidelines consistent with the facts and applicable law.

3.3 Loss Calculation Advocacy

The government has alleged a total loss figure of approximately $14.7 million in connection with the charged conduct. The Firm will analyze the factual and legal basis for this figure in detail, including the methodology employed by the government and the Probation Office in arriving at the loss calculation. The Firm will prepare arguments advocating for a reduced loss calculation under the applicable provisions of the Sentencing Guidelines, including § 2B1.1, Application Note 3. This may include arguments regarding the proper measure of loss (actual versus intended), the treatment of credits and offsets, and the appropriate categorization of losses attributable to the charged conduct versus other causes.

To support our position, the Firm will engage and coordinate with qualified economic and forensic accounting experts as needed. These experts may provide analyses, reports, and, if appropriate, testimony at the sentencing hearing to support a defense position on the loss amount. All expert retentions will be subject to your prior approval as described further below.

3.4 Mitigation Investigation and Presentation

Effective sentencing advocacy requires a comprehensive understanding of the defendant as a person—her background, character, personal history, mental health, and the circumstances that may have contributed to the offense conduct. To that end, the Firm will undertake the following:

(a) Mitigation Specialist: The Firm will retain a qualified mitigation specialist to conduct a thorough social history investigation. This investigation will encompass your family background, childhood and developmental history, educational history, professional career, relationships, community involvement, and any other factors relevant to sentencing. The mitigation specialist will prepare a detailed written report for use in connection with the sentencing memorandum and hearing.

(b) Forensic Psychiatric and Psychological Evaluation: The Firm will coordinate with forensic psychiatric and psychological experts to conduct evaluations of your mental health history and any relevant personal circumstances. These experts may prepare written reports and, if appropriate, provide testimony at the sentencing hearing regarding diagnoses, treatment history, and the relationship between your mental health and the offense conduct.

(c) Character References: The Firm will compile letters from individuals who can speak to your personal history, character, community contributions, and mitigating characteristics. We will work with you to identify appropriate individuals and will provide guidance regarding the content and format of such letters to ensure they are as effective as possible.

3.5 Sentencing Memorandum and Motion Practice

The Firm will prepare and file a comprehensive Defendant's Sentencing Memorandum with the Court in advance of the sentencing hearing. This memorandum will present the defense position on the applicable Sentencing Guidelines calculation, the relevant sentencing factors under 18 U.S.C. § 3553(a), and all mitigating information developed through the investigation described above.

In addition, the Firm will prepare and file a Motion for Downward Variance pursuant to 18 U.S.C. § 3553(a), arguing that a sentence below the advisory Guidelines range is sufficient but not greater than necessary to comply with the purposes of sentencing set forth in the statute. The Firm will also prepare and file any other motions, briefs, legal memoranda, or submissions that may be necessary or advisable in connection with the sentencing hearing, including responses to any government filings.

3.6 Restitution Advocacy

The Firm will analyze your potential restitution obligations under the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A, and related statutory provisions. This analysis will include:

(a) An assessment of the amount of restitution that may be ordered by the Court, including any arguments for a reduced restitution figure based on the proper identification of victims and the proper measure of loss;

(b) A comprehensive assessment of your financial condition, assets, income, earning capacity, and ability to pay restitution, both at the time of sentencing and in the future;

(c) Negotiations with the government regarding the restitution amount and a proposed payment schedule that accounts for your financial circumstances; and

(d) Coordination as necessary with the court-appointed receiver, Nathaniel W. Prescott of Ridgeway Advisory Group LLC, regarding the receivership of Aurelia Pictures, Inc. (Los Angeles Superior Court, Case No. 25STCV08312). While the Firm's representation does not encompass the receivership proceedings themselves, the Firm will communicate with the receiver's office as needed to obtain information relevant to restitution calculations and to ensure that the defense position on restitution is informed by accurate and current data regarding the assets and liabilities of Aurelia Pictures, Inc.

3.7 Sentencing Hearing Representation

The Firm will represent you at the sentencing hearing before the Honorable Catherine M. Driscoll, currently scheduled for March 6, 2026, or on any continued or rescheduled date. Representation at the hearing will include the presentation of oral argument on all contested issues, the examination and cross-examination of any expert or lay witnesses, the presentation of mitigating evidence, and all other advocacy necessary to achieve the most favorable sentence possible. The Firm will also prepare you for the sentencing hearing, including any statement you may wish to make to the Court pursuant to your right of allocution under Federal Rule of Criminal Procedure 32(i)(4)(A).

3.8 Draft Proposed Judgment

The Firm will prepare a defense-proposed Judgment in a Criminal Case (Form AO 245B) and, if applicable, a proposed Restitution Order for submission to the Court for its consideration. This document will reflect the defense position on the appropriate sentence and restitution terms.

3.9 Exclusions from Scope

It is important that you understand the limitations of this engagement. The following matters are expressly excluded from the scope of the Firm's representation under this engagement letter:

(a) Any appeal from the judgment of conviction or sentence, whether to the United States Court of Appeals for the Ninth Circuit or otherwise;

(b) Any post-conviction proceedings, including but not limited to motions to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255, petitions for writ of habeas corpus, or motions for sentence reduction under 18 U.S.C. § 3582(c);

(c) Any civil matters, including but not limited to the receivership of Aurelia Pictures, Inc. (Los Angeles Superior Court, Case No. 25STCV08312), any related civil litigation, investor lawsuits, or regulatory proceedings;

(d) Any tax controversies, audits, or investigations relating to the California Film Commission, the Internal Revenue Service, the California Franchise Tax Board, or any other taxing authority; and

(e) Any other matters not specifically described in Sections 3.1 through 3.8 above.

If you desire representation in any of the excluded matters described above, a separate engagement letter setting forth the terms, scope, and fees for such representation will be required. The Firm would be pleased to discuss any such additional engagement with you at your convenience.

4. Engagement Team

The following attorneys will comprise the core team assigned to your sentencing representation. Each member of the team brings specific expertise relevant to the issues anticipated in your case:

4.1 Conrad Ashby — Responsible Partner

Mr. Ashby is a partner in the Firm's White Collar & Investigations practice, based in the Los Angeles office. He has twenty-four years of experience in federal criminal defense, with particular depth in sentencing advocacy in complex, high-profile white-collar matters. Prior to joining the Firm, Mr. Ashby served as an Assistant United States Attorney in the Southern District of New York from 2001 to 2007, where he prosecuted major fraud and securities cases. His prosecutorial experience provides invaluable perspective in sentencing proceedings. Mr. Ashby will serve as the responsible partner for this engagement and will have primary responsibility for overall case strategy, court appearances before Judge Driscoll, and client communication. He will be your primary point of contact throughout the engagement.

4.2 Victoria Chambers — Billing Partner

Ms. Chambers is a partner in the Firm's White Collar & Investigations practice, also based in the Los Angeles office. She has nineteen years of experience specializing in the defense of complex financial crime cases, with a particular focus on sentencing mitigation strategy and presentation. Ms. Chambers has extensive experience in the preparation of sentencing memoranda and the coordination of mitigation teams in federal fraud cases. She will serve as the billing partner for this engagement and will work closely with Mr. Ashby on all strategic and substantive matters, including the preparation of the sentencing memorandum and the development and presentation of mitigating evidence.

4.3 Lisa Morrow — Lead Associate

Ms. Morrow is a senior associate in the Firm's Banking & Finance practice, with six years of experience in complex financial transactions and related litigation. She has significant experience analyzing the financial structures and instruments commonly at issue in federal fraud prosecutions. Ms. Morrow will lead the analysis of the financial structures underlying the charged conduct, including the flow of funds through the various entities involved. She will take primary responsibility for the loss calculation analysis and the restitution issues in your case, including coordination with retained economic experts.

4.4 Peter Vassiliev — Working Associate

Mr. Vassiliev is an associate in the Firm's intellectual Property practice, with four years of experience in intellectual property transactions, licensing, and valuation. His expertise will be brought to bear on the assessment of the intellectual property assets of Aurelia Pictures, Inc., including film libraries, distribution agreements, licensing arrangements, and trademarks, as these assets are relevant to the calculation of restitution capacity and to your personal financial profile. Mr. Vassiliev's analysis will also inform the Firm's advocacy regarding any offsets or credits that may be applicable to the loss or restitution calculations.

4.5 Additional Personnel

In addition to the core team members identified above, other attorneys, paralegals, litigation support specialists, and administrative staff of the Firm may be assigned to work on your matter as needed. The billing rates for any such additional personnel will be consistent with the rates set forth in Section 5 below, and will reflect the level of experience and seniority of the individual. The Firm will also retain third-party experts and consultants on your behalf as described in the scope of work above, subject to your prior approval of the fees and terms of each such retention.

5. Billing Rates and Fee Arrangements

5.1 Hourly Billing Rates

Professional fees for services rendered in connection with this engagement will be charged on an hourly basis at the following rates:

These rates are the Firm's standard rates as of January 1, 2025. The Firm's standard rates are subject to adjustment on January 1 of each calendar year in accordance with the Firm's customary practice. In the event of any rate adjustment, the Firm will provide you with advance written notice of the new rates. Any rate adjustments will apply to services rendered on or after the effective date of the adjustment and will not be applied retroactively to services already rendered.

Time is recorded and billed in increments of one-tenth of an hour (six minutes). All time spent on your matter will be recorded contemporaneously by the billing professional performing the work.

5.2 Expenses. In addition to professional fees, you will be responsible for the reimbursement of all costs and expenses reasonably incurred by the Firm in connection with this engagement. Such costs and expenses include, but are not limited to, the following: expert witness fees and expenses; travel expenses (including airfare, hotel, ground transportation, and meals); court filing fees; transcript costs; copying and reproduction charges; courier and overnight delivery services; long-distance telephone charges; postage; electronic legal research (including Westmark Data Systems, Sundial Solutions, and PACER charges); and other reasonable out-of-pocket expenditures.

The following expert fees are anticipated at this time based on preliminary discussions with the identified consultants:

(a) Thornfield Mitigation Consulting LLC (Dr. Sandra Oleander, lead mitigation specialist): A flat fee of $45,000 for the social history investigation and preparation of a comprehensive mitigation report, plus $6,500 per day for any testimony at the sentencing hearing;

(b) Dr. Kenneth Whitmore (forensic psychiatrist): $850 per hour for consultation, evaluation, and report preparation, plus $8,000 per day for testimony at the sentencing hearing; and

(c) Dr. Priya Chandrasekaran (economics expert, Westbridge University): $675 per hour for all services, including analysis, report preparation, and testimony.

All expert retentions will be formalized pursuant to separate engagement letters between the expert and the Firm (on your behalf), copies of which will be provided to you for your records. No expert will be retained, and no significant expert fees will be incurred, without your prior approval.

5.3 Retainer. Upon execution of this engagement letter, you agree to pay an initial retainer in the amount of Two Hundred Fifty Thousand Dollars ($250,000). This retainer will be deposited into the Firm's Client Trust Account maintained in accordance with the California Rules of Professional Conduct, Rule 1.15. The retainer will be applied against invoices for professional fees and costs as they are rendered. You will receive a statement reflecting the application of retainer funds against each invoice.

Should the balance of the retainer fall below Fifty Thousand Dollars ($50,000) at any time during the engagement, the Firm reserves the right to request that you replenish the retainer to the original amount of $250,000. Any unused balance remaining in the retainer at the conclusion of the engagement will be promptly returned to you, together with an accounting of all amounts applied from the retainer during the course of the representation.

5.4 Billing Procedures

The Firm will issue monthly invoices reflecting the professional fees incurred and costs advanced during the preceding calendar month. Each invoice will contain a reasonable level of detail regarding the nature of the services rendered, the identity of the professionals performing the work, the time spent, and the costs incurred, consistent with the Firm's obligations to maintain the attorney-client privilege and work product protections applicable to the engagement. Payment of each invoice is due within thirty (30) days of the invoice date.

If you have any questions or concerns regarding any invoice, we encourage you to raise them promptly with Mr. Ashby or Ms. Chambers so that they may be addressed in a timely manner.

6. Client Responsibilities

The success of the Firm's representation depends in significant part on your full cooperation and active participation in the preparation of your case for sentencing. To that end, you agree to the following:

(a) You will cooperate fully and in good faith with the engagement team throughout the course of the representation;

(b) You will provide complete and truthful information in response to all inquiries from the Firm, understanding that the Firm's ability to advocate effectively on your behalf depends on having accurate and complete information;

(d) You will make yourself available for meetings, preparation sessions, and conferences with the engagement team, the mitigation specialist, and any retained experts at mutually convenient times;

(e) You will comply with all orders of the Court and all conditions of your pretrial release, including any reporting requirements, travel restrictions, and other conditions imposed by the Court or the Probation Office; and

(f) You will promptly notify the Firm of any changes in your contact information, any contacts from the government or the Probation Office, any changes in the conditions of your release, or any other developments that may be relevant to the sentencing proceedings.

In addition, you agree to promptly provide the Firm with all materials in your possession relating to the case, including but not limited to: materials received from your prior trial counsel, Harrison J. Kerrigan of Kerrigan & Wolfe LLP; financial records, tax returns, and bank statements; personal and family history documents (including medical records, educational records, and employment records); and contact information for individuals who may be willing to provide character reference letters or other supporting materials for the sentencing proceedings. If any such materials are in the possession of third parties, you agree to cooperate in obtaining and providing appropriate authorizations for the release of such materials to the Firm.

7. Conflict Disclosure

The Firm has conducted a comprehensive conflicts check in accordance with its standard procedures and the requirements of the California Rules of Professional Conduct. Based on that review, the Firm has identified no conflicts of interest that would preclude this engagement or otherwise impair the Firm's ability to provide you with competent, diligent, and loyal representation.

Specifically, the Firm does not currently represent, and has not in the recent past represented, any of the following parties or entities in matters related to this case:

• Aurelia Pictures, Inc.;

• Brindoval Investors Group LP;

• Lakeshore Capital Partners LLC;

• Pacific Meridian Bank, N.A.;

• The California Film Commission;

• Any individual investor identified as a victim in the charged conduct; or

• Any co-conspirators, witnesses, or other persons directly involved in the prosecution.

The Firm does, however, wish to disclose the following for the sake of full transparency: The Firm has previously represented Pacific Meridian Bank, N.A. in unrelated commercial lending transactions through the Firm's New York and Los Angeles offices. This prior representation concerned matters wholly unrelated to the facts, transactions, or parties involved in your criminal case. The Firm does not believe that this prior relationship creates a conflict of interest that would affect its ability to represent you zealously and without reservation. Nevertheless, in the interest of full disclosure and in accordance with our professional obligations, we bring this prior representation to your attention. By signing this engagement letter in the space provided below, you acknowledge this disclosure and provide your informed written consent to the Firm's representation of you notwithstanding this prior professional relationship.

If any potential conflict of interest arises during the course of the engagement, the Firm will promptly disclose the matter to you and, if necessary, seek your informed written consent to continued representation or take such other steps as may be appropriate to address the conflict in accordance with the applicable rules of professional conduct.

8. Confidentiality and Privilege

All communications between you and the Firm, whether oral, written, or electronic, made in connection with this engagement and for the purpose of seeking or providing legal advice, are protected by the attorney-client privilege. In addition, all memoranda, analyses, research, notes, correspondence, and other materials prepared by the Firm or at its direction in connection with this engagement constitute attorney work product and are similarly protected from disclosure.

The Firm will not disclose your confidential information to any third party without your prior authorization, except in the following limited circumstances: (a) as required by law or by order of a court of competent jurisdiction; (b) as reasonably necessary to carry out the representation, such as sharing relevant information with retained experts under appropriate confidentiality agreements and protections; or (c) as permitted by the California Rules of Professional Conduct, including but not limited to the limited exceptions set forth in Rule 1.6(b).

We strongly advise you not to disclose the substance of your communications with the Firm—including conversations, correspondence, legal advice, strategy discussions, and the contents of any work product—to any third party, including family members, friends, business associates, or the media. Such disclosure by you may result in a waiver of the attorney-client privilege and work product protections that attach to those communications, and could be detrimental to your interests in the sentencing proceedings or in any subsequent litigation.

9. Termination of Engagement

Either party may terminate this engagement at any time upon written notice to the other party. In the event that you choose to terminate the Firm's representation, or in the event that the Firm determines that withdrawal from the representation is necessary or appropriate (for example, due to a conflict of interest, nonpayment of fees, or other grounds for withdrawal recognized under the applicable rules of professional conduct), you will remain responsible for payment of all professional fees and expenses incurred through the date of termination.

Upon termination or withdrawal, the Firm will take all steps reasonably necessary to protect your interests, including seeking leave of court for withdrawal if required under the Court's local rules or standing orders, and cooperating in the orderly transition of the matter to successor counsel. The Firm will return to you all original documents and property belonging to you that are in the Firm's possession, and will provide copies of the case file to you or to your successor counsel upon request. The Firm retains the right to maintain copies of the case file for its own records, and to assert any retaining or charging lien for unpaid fees and expenses as permitted under applicable law.

10. No Guarantee of Outcome

The Firm is committed to providing you with diligent, competent, and zealous representation throughout the sentencing proceedings. However, you acknowledge and understand that the Firm cannot and does not guarantee or promise any particular outcome or result in the sentencing proceedings. Sentencing is ultimately a matter within the sole discretion of the Court, and is influenced by numerous factors, many of which are beyond the control of the Firm or any attorney.

For your information, the advisory United States Sentencing Guidelines calculation set forth in the PSR as currently drafted indicates a Guidelines range of 108 to 135 months of imprisonment, based on a total offense level of 31 and a Criminal History Category of I. The Firm will vigorously advocate for a substantially lower sentence, including through challenges to the Guidelines calculation, the presentation of compelling mitigating evidence, and arguments for a downward variance under 18 U.S.C. § 3553(a). Notwithstanding these efforts, the ultimate determination of the sentence rests solely with the Honorable Catherine M. Driscoll, and no representation or assurance regarding the outcome can be made.

11. Governing Law and Dispute Resolution

This engagement letter and the terms of the Firm's engagement shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice-of-law principles. Any dispute arising out of or relating to the Firm's fees, charges, or billing for services rendered under this engagement shall be subject to the mandatory fee arbitration procedures established by the State Bar of California pursuant to Business and Professions Code sections 6200 through 6206, to the extent such procedures are applicable. The Firm will provide you with notice of your right to arbitration in accordance with the requirements of the State Bar at the time any fee dispute arises.

12. Entire Agreement and Amendments

This letter constitutes the entire agreement between you and the Firm with respect to the Firm's engagement for sentencing representation in United States v. Fonseca, Case No. 2:24-cr-00583-CMD, and supersedes all prior discussions, negotiations, and understandings, whether oral or written, relating to the subject matter of this engagement. No modification, amendment, or waiver of any provision of this engagement letter shall be effective unless made in writing and signed by both you and an authorized representative of the Firm.

We are committed to providing you with the strongest possible advocacy at sentencing, and we will devote the full resources of our team to achieving the most favorable outcome available under the circumstances. We recognize the gravity of the proceedings ahead and the trust you have placed in us, and we will work tirelessly to protect your interests.

If you have any questions about this engagement letter or about any aspect of our representation, please do not hesitate to contact Conrad Ashby at (310) 553-4710 or cashby@calderwoodharkness.com, or Victoria Chambers at (310) 553-4722 or vchambers@calderwoodharkness.com. We look forward to working with you.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Conrad Ashby Partner

ACKNOWLEDGMENT AND ACCEPTANCE

I have read and understand the terms of this engagement letter, including all provisions regarding the scope of representation, fees and billing, conflicts of interest, confidentiality, and termination. I agree to be bound by the terms set forth herein. My signature below also constitutes my informed written consent to Calderwood & Harkness LLP's representation of me notwithstanding the Firm's prior representation of Pacific Meridian Bank, N.A. in unrelated matters, as disclosed in Section 7 above.

________________________________________

Marguerite D. Fonseca

Date: ________

Enclosures:

Duplicate original of this engagement letter for client's records

Firm's standard privacy notice

cc:

Victoria Chambers, Calderwood & Harkness LLP

Lisa Morrow, Calderwood & Harkness LLP

Peter Vassiliev, Calderwood & Harkness LLP

Professional	Role	Hourly Rate
Conrad Ashby	Partner	$1,450
Victoria Chambers	Partner	$1,350
Lisa Morrow	Associate	$825
Peter Vassiliev	Associate	$725
Paralegals and Litigation Support Specialists	Various	$350 – $475

CALDERWOOD & HARKNESS LLP Attorneys at Law
2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: (310) 553-4700 Facsimile: (310) 553-4701 www.calderwoodharkness.com
November 12, 2025
VIA HAND DELIVERY AND EMAIL
Ms. Marguerite D. Fonseca 1847 Mulholland Terrace Los Angeles, California 90068
Re: Engagement for Sentencing Representation — *United States v. Marguerite D. Fonseca*, Case No. 2:24-cr-00583-CMD, United States District Court for the Central District of California, before the Honorable Catherine M. Driscoll
Dear Ms. Fonseca:
1. Purpose of This Letter
Calderwood & Harkness LLP (the "Firm") is pleased that you have selected the Firm to represent you in connection with your upcoming sentencing proceedings in the above-referenced matter. We appreciate the confidence you have placed in us, and we are committed to providing you with the highest quality legal representation during this critical phase of your case.
The purpose of this letter is to set forth the terms and conditions of our engagement, including the scope of our representation, the professionals who will be working on your matter, our fee arrangements, and other important matters that govern the attorney-client relationship between you and the Firm. We believe it is essential that both you and the Firm have a clear, mutual understanding of these terms at the outset of our work together.
We respectfully request that you review this letter carefully and in its entirety. If you are in agreement with the terms described herein, please sign and date the enclosed duplicate original in the space provided at the end of this letter and return it to our offices. Your signature will confirm your acceptance of the terms set forth below and will authorize the Firm to commence work on your behalf. If you have any questions about any provision of this letter, please do not hesitate to contact Conrad Ashby or Victoria Chambers before signing.
2. Background and Procedural Posture
As you are aware, on September 18, 2025, following a jury trial in the United States District Court for the Central District of California, you were convicted on the following counts of the operative Superseding Indictment:
(a) Counts One through Four: Wire Fraud, in violation of 18 U.S.C. § 1343 (four counts);
(b) Counts Five and Six: Money Laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i) (two counts); and
(c) Count Seven: Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. § 1371 (one count).
The case was investigated by the Federal Bureau of Investigation, Los Angeles Field Office, and prosecuted by the United States Attorney's Office for the Central District of California. Assistant United States Attorney Brenda K. Tillotson served as lead prosecutor throughout the trial proceedings, with Assistant United States Attorney Derek R. Huang serving as co-counsel for the government.
Following your conviction, the Court referred the matter to the United States Probation Office for the preparation of a Presentence Investigation Report ("PSR"). The PSR was disclosed to the parties on November 3, 2025, prepared under the supervision of United States Probation Officer Michael T. Brennan. The sentencing hearing is currently scheduled for March 6, 2026, before the Honorable Catherine M. Driscoll. You are currently released on a $2.5 million secured bond, subject to conditions of pretrial release imposed by the Court.
We understand and acknowledge that you were represented at trial by Harrison J. Kerrigan of Kerrigan & Wolfe LLP, located at 444 South Flower Street, Suite 1800, Los Angeles, California 90071. The Firm's engagement commences as of the date of this letter and is limited to the sentencing phase of the proceedings only. Our representation is distinct from and does not encompass any matters previously handled by Kerrigan & Wolfe LLP, including but not limited to the trial itself, any pretrial motions, or any other proceedings conducted prior to the date of this engagement. However, the Firm will coordinate with Mr. Kerrigan and his firm as necessary to obtain relevant case files, trial transcripts, exhibits, discovery materials, and any attorney work product that may be useful in preparing for sentencing. We understand that you will authorize the release of such materials to us, and we may ask you to execute a separate authorization to facilitate that transfer.
3. Scope of Representation
The Firm's representation of you is limited to the sentencing phase of United States v. Fonseca, Case No. 2:24-cr-00583-CMD, pending in the United States District Court for the Central District of California. Specifically, our engagement encompasses the following categories of work:
3.1 Review of and Objections to the Presentence Investigation Report
The Firm will undertake a comprehensive review of the PSR prepared by Probation Officer Michael T. Brennan, which was disclosed to the parties on November 3, 2025. This review will encompass the entirety of the PSR, including the offense conduct narrative, the personal history sections, the criminal history calculation, the financial information, and the advisory United States Sentencing Guidelines calculation. The Firm will identify and prepare written objections to any factual inaccuracies, disputed characterizations of the offense conduct, disputed legal conclusions, and any errors in the advisory Sentencing Guidelines calculation set forth in the PSR. These objections will be prepared in accordance with the deadlines established by the Court and the requirements of Federal Rule of Criminal Procedure 32. The Firm will also correspond and meet with the U.S. Probation Office as necessary regarding the PSR, any objections, and any addendum that the Probation Office may prepare in response to objections filed by either party.
3.2 Sentencing Guidelines Analysis
The Firm will conduct an independent and thorough analysis of the applicable United States Sentencing Guidelines as they relate to your case. This analysis will include, without limitation, an assessment of:
(a) The base offense level under United States Sentencing Guidelines § 2B1.1 (Theft, Property Destruction, and Fraud);
(b) Specific offense characteristics, including loss enhancements applicable to the proven loss amount, the enhancement for sophisticated means under § 2B1.1(b)(10)(C), and the enhancement based on the number of victims under § 2B1.1(b)(2)(A)(i);
(c) Adjustments for role in the offense, including the potential application of the abuse of a position of trust enhancement under § 3B1.3;
(d) The applicability of the acceptance of responsibility reduction under § 3E1.1, and whether any basis exists to argue for its application notwithstanding the jury trial conviction; and
(e) Any other Guidelines provisions, commentary, or amendments that may affect the calculation of the advisory Guidelines range.
The Firm will prepare legal memoranda and supporting documentation challenging the Guidelines calculation where appropriate, and will advocate for the most favorable interpretation of the Guidelines consistent with the facts and applicable law.
3.3 Loss Calculation Advocacy
The government has alleged a total loss figure of approximately $14.7 million in connection with the charged conduct. The Firm will analyze the factual and legal basis for this figure in detail, including the methodology employed by the government and the Probation Office in arriving at the loss calculation. The Firm will prepare arguments advocating for a reduced loss calculation under the applicable provisions of the Sentencing Guidelines, including § 2B1.1, Application Note 3. This may include arguments regarding the proper measure of loss (actual versus intended), the treatment of credits and offsets, and the appropriate categorization of losses attributable to the charged conduct versus other causes.
To support our position, the Firm will engage and coordinate with qualified economic and forensic accounting experts as needed. These experts may provide analyses, reports, and, if appropriate, testimony at the sentencing hearing to support a defense position on the loss amount. All expert retentions will be subject to your prior approval as described further below.
3.4 Mitigation Investigation and Presentation
Effective sentencing advocacy requires a comprehensive understanding of the defendant as a person—her background, character, personal history, mental health, and the circumstances that may have contributed to the offense conduct. To that end, the Firm will undertake the following:
(a) Mitigation Specialist: The Firm will retain a qualified mitigation specialist to conduct a thorough social history investigation. This investigation will encompass your family background, childhood and developmental history, educational history, professional career, relationships, community involvement, and any other factors relevant to sentencing. The mitigation specialist will prepare a detailed written report for use in connection with the sentencing memorandum and hearing.
(b) Forensic Psychiatric and Psychological Evaluation: The Firm will coordinate with forensic psychiatric and psychological experts to conduct evaluations of your mental health history and any relevant personal circumstances. These experts may prepare written reports and, if appropriate, provide testimony at the sentencing hearing regarding diagnoses, treatment history, and the relationship between your mental health and the offense conduct.
(c) Character References: The Firm will compile letters from individuals who can speak to your personal history, character, community contributions, and mitigating characteristics. We will work with you to identify appropriate individuals and will provide guidance regarding the content and format of such letters to ensure they are as effective as possible.
3.5 Sentencing Memorandum and Motion Practice
The Firm will prepare and file a comprehensive Defendant's Sentencing Memorandum with the Court in advance of the sentencing hearing. This memorandum will present the defense position on the applicable Sentencing Guidelines calculation, the relevant sentencing factors under 18 U.S.C. § 3553(a), and all mitigating information developed through the investigation described above.
In addition, the Firm will prepare and file a Motion for Downward Variance pursuant to 18 U.S.C. § 3553(a), arguing that a sentence below the advisory Guidelines range is sufficient but not greater than necessary to comply with the purposes of sentencing set forth in the statute. The Firm will also prepare and file any other motions, briefs, legal memoranda, or submissions that may be necessary or advisable in connection with the sentencing hearing, including responses to any government filings.
3.6 Restitution Advocacy
The Firm will analyze your potential restitution obligations under the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A, and related statutory provisions. This analysis will include:
(a) An assessment of the amount of restitution that may be ordered by the Court, including any arguments for a reduced restitution figure based on the proper identification of victims and the proper measure of loss;
(b) A comprehensive assessment of your financial condition, assets, income, earning capacity, and ability to pay restitution, both at the time of sentencing and in the future;
(c) Negotiations with the government regarding the restitution amount and a proposed payment schedule that accounts for your financial circumstances; and
(d) Coordination as necessary with the court-appointed receiver, Nathaniel W. Prescott of Ridgeway Advisory Group LLC, regarding the receivership of Aurelia Pictures, Inc. (Los Angeles Superior Court, Case No. 25STCV08312). While the Firm's representation does not encompass the receivership proceedings themselves, the Firm will communicate with the receiver's office as needed to obtain information relevant to restitution calculations and to ensure that the defense position on restitution is informed by accurate and current data regarding the assets and liabilities of Aurelia Pictures, Inc.
3.7 Sentencing Hearing Representation
The Firm will represent you at the sentencing hearing before the Honorable Catherine M. Driscoll, currently scheduled for March 6, 2026, or on any continued or rescheduled date. Representation at the hearing will include the presentation of oral argument on all contested issues, the examination and cross-examination of any expert or lay witnesses, the presentation of mitigating evidence, and all other advocacy necessary to achieve the most favorable sentence possible. The Firm will also prepare you for the sentencing hearing, including any statement you may wish to make to the Court pursuant to your right of allocution under Federal Rule of Criminal Procedure 32(i)(4)(A).
3.8 Draft Proposed Judgment
The Firm will prepare a defense-proposed Judgment in a Criminal Case (Form AO 245B) and, if applicable, a proposed Restitution Order for submission to the Court for its consideration. This document will reflect the defense position on the appropriate sentence and restitution terms.
3.9 Exclusions from Scope
It is important that you understand the limitations of this engagement. The following matters are expressly excluded from the scope of the Firm's representation under this engagement letter:
(a) Any appeal from the judgment of conviction or sentence, whether to the United States Court of Appeals for the Ninth Circuit or otherwise;
(b) Any post-conviction proceedings, including but not limited to motions to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255, petitions for writ of habeas corpus, or motions for sentence reduction under 18 U.S.C. § 3582(c);
(c) Any civil matters, including but not limited to the receivership of Aurelia Pictures, Inc. (Los Angeles Superior Court, Case No. 25STCV08312), any related civil litigation, investor lawsuits, or regulatory proceedings;
(d) Any tax controversies, audits, or investigations relating to the California Film Commission, the Internal Revenue Service, the California Franchise Tax Board, or any other taxing authority; and
(e) Any other matters not specifically described in Sections 3.1 through 3.8 above.
If you desire representation in any of the excluded matters described above, a separate engagement letter setting forth the terms, scope, and fees for such representation will be required. The Firm would be pleased to discuss any such additional engagement with you at your convenience.
4. Engagement Team
The following attorneys will comprise the core team assigned to your sentencing representation. Each member of the team brings specific expertise relevant to the issues anticipated in your case:
4.1 Conrad Ashby — Responsible Partner
Mr. Ashby is a partner in the Firm's White Collar & Investigations practice, based in the Los Angeles office. He has twenty-four years of experience in federal criminal defense, with particular depth in sentencing advocacy in complex, high-profile white-collar matters. Prior to joining the Firm, Mr. Ashby served as an Assistant United States Attorney in the Southern District of New York from 2001 to 2007, where he prosecuted major fraud and securities cases. His prosecutorial experience provides invaluable perspective in sentencing proceedings. Mr. Ashby will serve as the responsible partner for this engagement and will have primary responsibility for overall case strategy, court appearances before Judge Driscoll, and client communication. He will be your primary point of contact throughout the engagement.
4.2 Victoria Chambers — Billing Partner
Ms. Chambers is a partner in the Firm's White Collar & Investigations practice, also based in the Los Angeles office. She has nineteen years of experience specializing in the defense of complex financial crime cases, with a particular focus on sentencing mitigation strategy and presentation. Ms. Chambers has extensive experience in the preparation of sentencing memoranda and the coordination of mitigation teams in federal fraud cases. She will serve as the billing partner for this engagement and will work closely with Mr. Ashby on all strategic and substantive matters, including the preparation of the sentencing memorandum and the development and presentation of mitigating evidence.
4.3 Lisa Morrow — Lead Associate
Ms. Morrow is a senior associate in the Firm's Banking & Finance practice, with six years of experience in complex financial transactions and related litigation. She has significant experience analyzing the financial structures and instruments commonly at issue in federal fraud prosecutions. Ms. Morrow will lead the analysis of the financial structures underlying the charged conduct, including the flow of funds through the various entities involved. She will take primary responsibility for the loss calculation analysis and the restitution issues in your case, including coordination with retained economic experts.
4.4 Peter Vassiliev — Working Associate
Mr. Vassiliev is an associate in the Firm's intellectual Property practice, with four years of experience in intellectual property transactions, licensing, and valuation. His expertise will be brought to bear on the assessment of the intellectual property assets of Aurelia Pictures, Inc., including film libraries, distribution agreements, licensing arrangements, and trademarks, as these assets are relevant to the calculation of restitution capacity and to your personal financial profile. Mr. Vassiliev's analysis will also inform the Firm's advocacy regarding any offsets or credits that may be applicable to the loss or restitution calculations.
4.5 Additional Personnel
In addition to the core team members identified above, other attorneys, paralegals, litigation support specialists, and administrative staff of the Firm may be assigned to work on your matter as needed. The billing rates for any such additional personnel will be consistent with the rates set forth in Section 5 below, and will reflect the level of experience and seniority of the individual. The Firm will also retain third-party experts and consultants on your behalf as described in the scope of work above, subject to your prior approval of the fees and terms of each such retention.
5. Billing Rates and Fee Arrangements
5.1 Hourly Billing Rates
Professional fees for services rendered in connection with this engagement will be charged on an hourly basis at the following rates:
These rates are the Firm's standard rates as of January 1, 2025. The Firm's standard rates are subject to adjustment on January 1 of each calendar year in accordance with the Firm's customary practice. In the event of any rate adjustment, the Firm will provide you with advance written notice of the new rates. Any rate adjustments will apply to services rendered on or after the effective date of the adjustment and will not be applied retroactively to services already rendered.
Time is recorded and billed in increments of one-tenth of an hour (six minutes). All time spent on your matter will be recorded contemporaneously by the billing professional performing the work.
5.2 Expenses.  In addition to professional fees, you will be responsible for the reimbursement of all costs and expenses reasonably incurred by the Firm in connection with this engagement. Such costs and expenses include, but are not limited to, the following: expert witness fees and expenses; travel expenses (including airfare, hotel, ground transportation, and meals); court filing fees; transcript costs; copying and reproduction charges; courier and overnight delivery services; long-distance telephone charges; postage; electronic legal research (including Westmark Data Systems, Sundial Solutions, and PACER charges); and other reasonable out-of-pocket expenditures.
The following expert fees are anticipated at this time based on preliminary discussions with the identified consultants:
(a) Thornfield Mitigation Consulting LLC (Dr. Sandra Oleander, lead mitigation specialist): A flat fee of $45,000 for the social history investigation and preparation of a comprehensive mitigation report, plus $6,500 per day for any testimony at the sentencing hearing;
(b) Dr. Kenneth Whitmore (forensic psychiatrist): $850 per hour for consultation, evaluation, and report preparation, plus $8,000 per day for testimony at the sentencing hearing; and
(c) Dr. Priya Chandrasekaran (economics expert, Westbridge University): $675 per hour for all services, including analysis, report preparation, and testimony.
All expert retentions will be formalized pursuant to separate engagement letters between the expert and the Firm (on your behalf), copies of which will be provided to you for your records. No expert will be retained, and no significant expert fees will be incurred, without your prior approval.
5.3 Retainer.  Upon execution of this engagement letter, you agree to pay an initial retainer in the amount of Two Hundred Fifty Thousand Dollars ($250,000). This retainer will be deposited into the Firm's Client Trust Account maintained in accordance with the California Rules of Professional Conduct, Rule 1.15. The retainer will be applied against invoices for professional fees and costs as they are rendered. You will receive a statement reflecting the application of retainer funds against each invoice.
Should the balance of the retainer fall below Fifty Thousand Dollars ($50,000) at any time during the engagement, the Firm reserves the right to request that you replenish the retainer to the original amount of $250,000. Any unused balance remaining in the retainer at the conclusion of the engagement will be promptly returned to you, together with an accounting of all amounts applied from the retainer during the course of the representation.
5.4 Billing Procedures
The Firm will issue monthly invoices reflecting the professional fees incurred and costs advanced during the preceding calendar month. Each invoice will contain a reasonable level of detail regarding the nature of the services rendered, the identity of the professionals performing the work, the time spent, and the costs incurred, consistent with the Firm's obligations to maintain the attorney-client privilege and work product protections applicable to the engagement. Payment of each invoice is due within thirty (30) days of the invoice date.
If you have any questions or concerns regarding any invoice, we encourage you to raise them promptly with Mr. Ashby or Ms. Chambers so that they may be addressed in a timely manner.
6. Client Responsibilities
The success of the Firm's representation depends in significant part on your full cooperation and active participation in the preparation of your case for sentencing. To that end, you agree to the following:
(a) You will cooperate fully and in good faith with the engagement team throughout the course of the representation;
(b) You will provide complete and truthful information in response to all inquiries from the Firm, understanding that the Firm's ability to advocate effectively on your behalf depends on having accurate and complete information;
(c) You will respond promptly to requests for information, documents, and other materials from the Firm;
(d) You will make yourself available for meetings, preparation sessions, and conferences with the engagement team, the mitigation specialist, and any retained experts at mutually convenient times;
(e) You will comply with all orders of the Court and all conditions of your pretrial release, including any reporting requirements, travel restrictions, and other conditions imposed by the Court or the Probation Office; and
(f) You will promptly notify the Firm of any changes in your contact information, any contacts from the government or the Probation Office, any changes in the conditions of your release, or any other developments that may be relevant to the sentencing proceedings.
In addition, you agree to promptly provide the Firm with all materials in your possession relating to the case, including but not limited to: materials received from your prior trial counsel, Harrison J. Kerrigan of Kerrigan & Wolfe LLP; financial records, tax returns, and bank statements; personal and family history documents (including medical records, educational records, and employment records); and contact information for individuals who may be willing to provide character reference letters or other supporting materials for the sentencing proceedings. If any such materials are in the possession of third parties, you agree to cooperate in obtaining and providing appropriate authorizations for the release of such materials to the Firm.
7. Conflict Disclosure
The Firm has conducted a comprehensive conflicts check in accordance with its standard procedures and the requirements of the California Rules of Professional Conduct. Based on that review, the Firm has identified no conflicts of interest that would preclude this engagement or otherwise impair the Firm's ability to provide you with competent, diligent, and loyal representation.
Specifically, the Firm does not currently represent, and has not in the recent past represented, any of the following parties or entities in matters related to this case:
•  Aurelia Pictures, Inc.;
•  Brindoval Investors Group LP;
•  Lakeshore Capital Partners LLC;
•  Pacific Meridian Bank, N.A.;
•  The California Film Commission;
•  Any individual investor identified as a victim in the charged conduct; or
•  Any co-conspirators, witnesses, or other persons directly involved in the prosecution.
The Firm does, however, wish to disclose the following for the sake of full transparency: The Firm has previously represented Pacific Meridian Bank, N.A. in unrelated commercial lending transactions through the Firm's New York and Los Angeles offices. This prior representation concerned matters wholly unrelated to the facts, transactions, or parties involved in your criminal case. The Firm does not believe that this prior relationship creates a conflict of interest that would affect its ability to represent you zealously and without reservation. Nevertheless, in the interest of full disclosure and in accordance with our professional obligations, we bring this prior representation to your attention. By signing this engagement letter in the space provided below, you acknowledge this disclosure and provide your informed written consent to the Firm's representation of you notwithstanding this prior professional relationship.
If any potential conflict of interest arises during the course of the engagement, the Firm will promptly disclose the matter to you and, if necessary, seek your informed written consent to continued representation or take such other steps as may be appropriate to address the conflict in accordance with the applicable rules of professional conduct.
8. Confidentiality and Privilege
All communications between you and the Firm, whether oral, written, or electronic, made in connection with this engagement and for the purpose of seeking or providing legal advice, are protected by the attorney-client privilege. In addition, all memoranda, analyses, research, notes, correspondence, and other materials prepared by the Firm or at its direction in connection with this engagement constitute attorney work product and are similarly protected from disclosure.
The Firm will not disclose your confidential information to any third party without your prior authorization, except in the following limited circumstances: (a) as required by law or by order of a court of competent jurisdiction; (b) as reasonably necessary to carry out the representation, such as sharing relevant information with retained experts under appropriate confidentiality agreements and protections; or (c) as permitted by the California Rules of Professional Conduct, including but not limited to the limited exceptions set forth in Rule 1.6(b).
We strongly advise you not to disclose the substance of your communications with the Firm—including conversations, correspondence, legal advice, strategy discussions, and the contents of any work product—to any third party, including family members, friends, business associates, or the media. Such disclosure by you may result in a waiver of the attorney-client privilege and work product protections that attach to those communications, and could be detrimental to your interests in the sentencing proceedings or in any subsequent litigation.
9. Termination of Engagement
Either party may terminate this engagement at any time upon written notice to the other party. In the event that you choose to terminate the Firm's representation, or in the event that the Firm determines that withdrawal from the representation is necessary or appropriate (for example, due to a conflict of interest, nonpayment of fees, or other grounds for withdrawal recognized under the applicable rules of professional conduct), you will remain responsible for payment of all professional fees and expenses incurred through the date of termination.
Upon termination or withdrawal, the Firm will take all steps reasonably necessary to protect your interests, including seeking leave of court for withdrawal if required under the Court's local rules or standing orders, and cooperating in the orderly transition of the matter to successor counsel. The Firm will return to you all original documents and property belonging to you that are in the Firm's possession, and will provide copies of the case file to you or to your successor counsel upon request. The Firm retains the right to maintain copies of the case file for its own records, and to assert any retaining or charging lien for unpaid fees and expenses as permitted under applicable law.
10. No Guarantee of Outcome
The Firm is committed to providing you with diligent, competent, and zealous representation throughout the sentencing proceedings. However, you acknowledge and understand that the Firm cannot and does not guarantee or promise any particular outcome or result in the sentencing proceedings. Sentencing is ultimately a matter within the sole discretion of the Court, and is influenced by numerous factors, many of which are beyond the control of the Firm or any attorney.
For your information, the advisory United States Sentencing Guidelines calculation set forth in the PSR as currently drafted indicates a Guidelines range of 108 to 135 months of imprisonment, based on a total offense level of 31 and a Criminal History Category of I. The Firm will vigorously advocate for a substantially lower sentence, including through challenges to the Guidelines calculation, the presentation of compelling mitigating evidence, and arguments for a downward variance under 18 U.S.C. § 3553(a). Notwithstanding these efforts, the ultimate determination of the sentence rests solely with the Honorable Catherine M. Driscoll, and no representation or assurance regarding the outcome can be made.
11. Governing Law and Dispute Resolution
This engagement letter and the terms of the Firm's engagement shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice-of-law principles. Any dispute arising out of or relating to the Firm's fees, charges, or billing for services rendered under this engagement shall be subject to the mandatory fee arbitration procedures established by the State Bar of California pursuant to Business and Professions Code sections 6200 through 6206, to the extent such procedures are applicable. The Firm will provide you with notice of your right to arbitration in accordance with the requirements of the State Bar at the time any fee dispute arises.
12. Entire Agreement and Amendments
This letter constitutes the entire agreement between you and the Firm with respect to the Firm's engagement for sentencing representation in United States v. Fonseca, Case No. 2:24-cr-00583-CMD, and supersedes all prior discussions, negotiations, and understandings, whether oral or written, relating to the subject matter of this engagement. No modification, amendment, or waiver of any provision of this engagement letter shall be effective unless made in writing and signed by both you and an authorized representative of the Firm.
We are committed to providing you with the strongest possible advocacy at sentencing, and we will devote the full resources of our team to achieving the most favorable outcome available under the circumstances. We recognize the gravity of the proceedings ahead and the trust you have placed in us, and we will work tirelessly to protect your interests.
If you have any questions about this engagement letter or about any aspect of our representation, please do not hesitate to contact Conrad Ashby at (310) 553-4710 or cashby@calderwoodharkness.com, or Victoria Chambers at (310) 553-4722 or vchambers@calderwoodharkness.com. We look forward to working with you.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Conrad Ashby Partner
ACKNOWLEDGMENT AND ACCEPTANCE
I have read and understand the terms of this engagement letter, including all provisions regarding the scope of representation, fees and billing, conflicts of interest, confidentiality, and termination. I agree to be bound by the terms set forth herein. My signature below also constitutes my informed written consent to Calderwood & Harkness LLP's representation of me notwithstanding the Firm's prior representation of Pacific Meridian Bank, N.A. in unrelated matters, as disclosed in Section 7 above.
________________________________________
Marguerite D. Fonseca
Date: ________
Enclosures:
Duplicate original of this engagement letter for client's records
Firm's standard privacy notice
cc:
Victoria Chambers, Calderwood & Harkness LLP
Lisa Morrow, Calderwood & Harkness LLP
Peter Vassiliev, Calderwood & Harkness LLP
Professional | Role | Hourly Rate
Conrad Ashby | Partner | $1,450
Victoria Chambers | Partner | $1,350
Lisa Morrow | Associate | $825
Peter Vassiliev | Associate | $725
Paralegals and Litigation Support Specialists | Various | $350 – $475

CALDERWOOD & HARKNESS LLP Attorneys at Law

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CALDERWOOD & HARKNESS LLP

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