In this August 4, 1995 plea agreement, Michael J. Fortier admits he is guilty of conspiring with Timothy McVeigh and Terry Lynn Nichols to traffic explosives. He also admits withholding his knowledge from federal authorities of McVeigh and Nichols' role in the Oklahoma City bombing. Fortier still could be sentenced to as much as 23 years in prison.

IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF OKLAHOMA  
 
UNITED STATES OF AMERICA, 
 
Plaintiff 
 
VS 
 
MICHAEL J. FORTIER, 
 
Defendant. 
 
No. 
 
PLEA AGREEMENT 
 
Pursuant to Rule 11(e), Federal Rules of Criminal 
Procedure, the United States, through its undersigned 
attorneys, and the defendant, Michael J. Fortier, and his 
attorney, Michael McGuire, hereby submit the attached 
letter agreement as the plea agreement of Michael J. Fortier 
and the United States in this case. It is understood that this 
Plea Agreement is the only agreement between the United 
States and defendant Michael J. Fortier, concerning his plea 
of guilty in the above-styled action, and that there are no 
other deals, bargains, agreements, or understandings which 
modify or alter this agreement.  
 
 
Dated this 10th day of August, 1995. 
 
/s/MICHAEL J. FORTIER 
Defendant 
 
/s/MICHAEL MAGUIRE 
Attorney for Defendant 
 
/s/JOSEPH J. HARTZLER 
Special Assistant U.S. Attorney 
 
/s/PATRICK M. RYAN 
Attorney United States Attorney 
Western District of Oklahoma 
210 W. Park Avenue, Suite 400 
Oklahoma City, Oklahoma 73102 
(405) 231-5281 
 
 
U.S. Department of Justice 
 
United States Attorney 
Western District of Oklahoma 
 
210 W. Park Avenue, Suite 400 
Oklahoma City, Oklahoma 73102-5628 
 
 
August 4, 1995 
 
 
Michael G. McGuire 
Attorney at Law 
825 N.W. 85th 
Oklahoma City, Oklahoma 73118 
 
 
Re: Michael Fortier 
 
 
Dear Mr. McGuire: 
 
The United States of America understands that your client, 
Michael Fortier, wishes to resolve his criminal liability in 
the above-titled matter. This letter sets forth the terms and 
conditions under which the government will enter into a 
disposition of this matter with Mr. Fortier.  
 
1. CHARGES. Mr. Fortier agrees to enter a plea of guilty to 
an Indictment or Information that charges him with the 
following four offenses:  
 
(a) conspiring with Timothy McVeigh and Terry Nichols to 
transport in interstate commerce and sell stolen firearms, 
having reasonable cause to believe the firearms were stolen, 
in violation of Title 18, United States Code, Section 371;  
 
(b) transporting stolen firearms in interstate commerce on 
or about December 17, 1994, having reasonable cause to 
believe the firearms were stolen, in violation of Title 18, 
United States Code, Section 922(i);  
 
(c) making a materially false statement in a matter within 
the jurisdiction of the Department of Justice between April 
21 and April 24, 1995, by falsely denying to FBI agents 
that he had knowledge of the plans of Timothy McVeigh 
and Terry Nichols to bomb the federal building in 
Oklahoma City, Oklahoma, in violation of Title 18, United 
States Code, Section 1001; and  
 
(d) concealing and not making known as soon as possible 
to a person in civil authority under the United States his 
knowledge of the actual commission of a felony cognizable 
by a court of the United States -- that is, the bombing of the 
federal building in Oklahoma City, Oklahoma -- in 
violation of Title 18, United States Code, Section 4.  
 
Mr. Fortier agrees to waive any claim concerning venue 
and to waive any right to appeal except his right to appeal 
an unlawful sentence.  
 
2. FACTUAL ADMISSION OF GUILT. Mr. Fortier 
admits that he is in fact guilty of the charges set forth in the 
previous paragraph, and he will make a factual admission 
of guilt before the court.  
 
3. POTENTIAL PENALTIES. Mr. Fortier understands that 
the maximum penalties to which he may be sentenced are 
as follows:  
 
(a) Five years imprisonment, a $250,000 fine, a term of 
supervised release of at least 3 years, and a special 
assessment of $50 for the violation of 18 U.S.C.  371;  
 
(b) Ten years imprisonment, a $250,000 fine, a term of 
supervised release of at least 3 years, and a special 
assessment of $50 for the violation of 18 U.S.C.  922(i);  
 
(c) Five years imprisonment, a $250,000 fine, a term of 
supervised release of at least 3 years, and a special 
assessment of $50 for the violation of 18 U.S.C.  1001; and  
 
(d) Three years imprisonment, a $250,000 fine, a term of 
supervised release of at least 1 year, and a special 
assessment of $50 for the violation of 18 U.S.C.  4.  
 
Mr. Fortier further understands that the sentencing court 
may order that the sentence for each offense be served 
consecutive- ly to the sentence of every other offense, 
except that the terms of supervised release for all four 
offenses must be ordered to run concurrently. Mr. Fortier 
also understands that the sentencing court must order a 
special assessment of $50 for each offense of conviction. 
Thus, Mr. Fortier understands that he could be sentenced to 
a total of 23 years imprisonment, a $1,000,000 fine, and 3 
years supervised release, and that he must be ordered to pay 
a special assessment of $200.  
 
4. SENTENCING GUIDELINES. Mr. Fortier understands 
that the sentence to be imposed on him, which may be up to 
the maximum penalty allowed by law, will be determined 
solely by the sentencing judge, and that the United States 
cannot and does not make any promises, representations or 
predictions regarding what sentence the judge will impose. 
Mr. Fortier further understands that his sentence will be 
determined in accordance with the guidelines and policies 
promulgated by the United States Sentencing Commission, 
but that the judge may depart from those guidelines under 
some circumstances. Mr. Fortier understands that if the 
judge imposes a sentence greater than that provided in the 
sentencing guidelines, or which is in any other way 
unsatisfactory to him, he cannot withdraw his guilty plea. 
This does not, however, limit Mr. Fortier's right to appeal 
an unlawful sentence.  
 
5. COOPERATION. Mr. Fortier agrees that he will 
continue to cooperate completely, candidly, and truthfully 
with all investigators and attorneys of the United States, by 
truthfully providing all information in his possession 
relating directly or indirectly to all criminal activity and 
related matters of which he has knowledge. He will neither 
falsely implicate nor falsely protect any other person. Mr. 
Fortier will provide such informa- tion whenever, and in 
whatever form the United States shall reasonably request. 
This includes, but is not limited to, submitting to interviews 
at such reasonable times and places as are determined by 
counsel for the United States, providing all documents and 
other tangible evidence requested of him, and testifying 
completely and truthfully before any grand jury, or at any 
trial or other proceeding. The parties agree to seek a 
continuance of Mr. Fortier's sentencing until he has 
completed his cooperation and rendered his testimony, 
including any trial testimony, as described in this 
paragraph.  
 
6. SECTION 3553(e) MOTION. If Mr. Fortier completely 
fulfills all of his obligations under this agreement, at the 
time of sentencing the United States will advise the 
sentencing judge of the full nature, extent and value of the 
cooperation provided by Mr. Fortier. In addition, the United 
States will evaluate the information provided by Mr. Fortier 
pursuant to the preceding paragraph. If the government 
determines, in its sole discretion, that Mr. Fortier has 
rendered substantial assistance in the investigation and 
prosecution of others involved in criminal activities, then it 
will file a motion pursuant to 18 U.S.C. 3553(e) and 
Sentencing Guideline  5K1.1, which will so advise the 
judge. Mr. Fortier understands, however, that the 
sentencing judge will have the sole discretion to determine 
the actual sentence, and the government cannot and does 
not make any promises, represen- tations or predictions 
regarding what sentence the judge will impose.  
 
7. ADDITIONAL CHARGES. If Mr. Fortier completely 
fulfills all of his obligations under this agreement, the 
United States agrees -- except as provided below -- to bring 
no additional criminal charges against him related to his 
involvement with Timothy McVeigh and Terry Nichols. 
This agreement applies only to conduct concluded prior to 
the date of this agreement, and only to the extent that Mr. 
Fortier has informed the United States of that involvement 
prior to the signing of this agreement. This agreement does 
not apply to any further charges which could be brought 
against Mr. Fortier for actions related to different matters 
than those described in this paragraph. Mr. Fortier 
understands that the State of Oklahoma, through the 
District Attorney for Oklahoma County, Oklahoma, Robert 
Macy, has been fully informed of the terms of this 
agreement and has agreed that, if Mr. Fortier fully complies 
with the terms of this agreement and fully cooperates with 
the State of Oklahoma, then no additional criminal charges 
will be filed against Mr. Fortier by the State of Oklahoma.  
 
8. ALLOCUTION AND STEP-BACK. The United States 
reserves the right to allocute fully at sentencing, to inform 
the Probation Office of any relevant facts, and to correct 
any discrepancies in the presentence report. The United 
States will request that Mr. Fortier be detained pending 
sentencing, and Mr. Fortier agrees not to object.  
 
9. BREACH OF AGREEMENT. If further investigation 
discloses that Mr. Fortier conspired to bomb any federal 
building, or if Mr. Fortier fails to comply with any of the 
provisions of this agreement, or refuses to answer any 
questions put to him, or makes any false or misleading 
statements to investigators or attorneys of the United 
States, or makes any false or misleading statements or 
commits any perjury before any grand jury or court, or 
commits any further crimes, then the United States will 
have the right to characterize such conduct as a substantial 
breach of this agreement, in which case the obligations of 
the United States under this agreement will be void and the 
United States will have the right to prosecute Mr. Fortier 
for any and all offenses that can be charged against him in 
any district or state.  
 
10. USE OF INFORMATION. Mr. Fortier understands 
that, except in the circumstances described in this 
paragraph, the United States will not use against him any 
statements he makes pursuant to this plea agreement in any 
criminal case, other than a prosecution for perjury, giving a 
false statement, or obstructing justice. Mr. Fortier agrees 
that: (a) The United States may use against him information 
directly or indirectly derived from statements he makes or 
information he provides pursuant to this plea agreement, 
and may pursue and use against him the fruits of any 
investigative leads suggested by such statements or other 
information; (b) In the event Mr. Fortier is ever a witness in 
any trial or other judicial proceeding, the government may 
cross-examine him concerning any statements he makes or 
other information he provides pursuant to this plea 
agreement; (c) At any trial or other judicial proceeding, the 
government may introduce evidence regarding such 
statements or other information in rebuttal; (d) Statements 
he makes and information he provides pursuant to this plea 
agreement may be used in the plea and sentencing 
proceedings on the charges described in paragraph 1 above, 
which are the subject of this agreement; and (e) In the event 
of a breach of this agreement as described in the preceding 
paragraph, any statements made or information provided by 
Mr. Fortier, whether subsequent to or prior to this 
agreement, may be used against him, without limitation, in 
any federal, state or local prosecution. Mr. Fortier 
knowingly and voluntarily waives any rights he may have, 
pursuant to Fed. R. Evid. 410 and Fed. R. Crim. P. 
11(e)(6), which might otherwise prohibit the use against 
him of such information under the circumstances just 
described.  
 
11. NO OTHER AGREEMENTS. No other agreements, 
promises, understandings or representations have been 
made by the parties or their counsel than those contained in 
writing herein, nor will any such agreements, promises, 
understandings or representations be made unless 
committed to writing and signed by Mr. Fortier, his 
counsel, and an authorized representative of the United 
States.  
 
If your client agrees to the conditions set forth in this letter, 
please sign the original and return it to me.  
 
Sincerely, 
 
PATRICK M. RYAN 
United States Attorney 
 
JOSEPH M. HARTZLER 
Special Assistant U.S. Attorney 
 
ACKNOWLEDGMENTS 
 
I have read this agreement and carefully reviewed every 
part of it with my attorney. I fully understand it and 
voluntarily agree to it. No agreements, promises, 
understanding or representa- tions have been made with, to 
or for me other than those set forth above.  
 
/s/MICHAEL J. FORTIER 
August 7, 1995 
 
I am Michael J. Fortier's attorney. I have reviewed every 
part of this agreement with him. It accurately and complete- 
ly sets forth the entire agreement between Michael J. 
Fortier and the United States.  
 
/s/MICHAEL G. MAGUIRE 
Counsel for Michael J, Fortier 
August 7, 1995 
 
 
I, Robert Macy, District Attorney for Oklahoma County, 
Oklahoma, concur with the terms of this agreement.  
 
/s/ROBERT MACY 
District Attorney for 
Oklahoma County, Oklahoma 
August 7, 1995