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Court filing · Nov. 2019

Court filing, 2019-11

UNITED STATES DISTRICT COURT

Southern District of New York

for the

United States of America )

v. )

)

MICHAEL )

Defendant )

APPEARANCE BOND

Defendant’s Agreement

19 CR 830 (AT)

•

Michael (defendant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail:

( 0 ) to appear for court proceedings; ( ) if convicted, to surrender to serve a sentence that the court may impose; or ( ) to comply with all conditions set forth in the Order Setting Conditions of Release

( ) (1) This is a personal recognizance bond.

( ISI ) (2) This is an unsecured bond of $ $100,000.00 •

( O ) (3) This is a secured bond of $ , secured by:

( O ) (a) $ , in cash deposited with the court.

( 0 ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property (describe the cash or other property, Including claims on it —such as a lien, mortgage, or loan — and attach proof of ownership and value):

If this bond is secured by real property, documents to protect the secured interest may be filed of record.

( O ) (c) a bail bond with a solvent surety (attach a copy of the ball bond, or describe it and Ida* the surety):

Forfeiture or Release of the Bond

Forfeiture of the Bond. This appearance bond may be forfeited if the defendant does not comply with the above agreement. The court may immediately order the amount of the bond surrendered to the United States, including the security for the bond, if the defendant does not comply with the agreement. At the request of the United States, the court may order a judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including interest and costs.

AO 98 (key. 12/I I )Appearance flood

Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.

Declarations

Ownership of the Property. I, the defendant — and each surety — declare under penalty of perjury that:

  • (1) all owners of the property securing this appearance bond are included on the bond;
  • (2) the property is not subject to claims, except as described above; and
  • (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.

Acceptance. I, the defendant — and each surety — have read this appearance bond and have either read all the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.

I, the defendant - and each surety — declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)

7:.9 417 . 5

Suretylproperty owner printed name {sup}A

Defendant’s signature Michael=

Surety/property owner — signature and date

Surety/property owner— printed name Suretylproperry owner— signature and date

Surety/property owner — printed name Surety/property owner —signature and date

AO 9$ (Rev. 12/11) Appearance Bond

Release oldie Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (I) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.

Declarations

Ownership of the Property. I, the defendant — and each surety — declare under penalty of perjury that:

  • (1) all owners of the property securing this appearance bond are included on the bond;
  • (2) the property is not subject to claims, except as described above; and
  • (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.

Acceptance. 1, the defendant —and each surety —Stave read this appearance hoed and have tithes read at4 the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.

I, the defendant — and each surety — declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)

(47e4its.

Surety/property owner — printed name Surety/property owner — signature and date

Defrndant a signature Michael

Surely/property owner —printed name Surety/property owner — signature and dote

Suretyiproperry owner — prtniedneum

Surety/property owner — signature and dote

A i284te At Wilk te/ • Oil/

AO 98 (Rev. 12/11) Appearance Bond

Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.

Declarations

Ownership of the Property. I, the defendant - and each surety - declare under penalty of perjury that:

  • (1) all owners of the property securing this appearance bond are included on the bond;
  • (2) the property is not subject to claims, except as described above; and
  • (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.

Acceptance. I, the defendant - and each surety - have read this appearance bond and have either read all the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.

I, the defendant - and each surety - declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)

Defendant’s signature Michael [Redacted]

2

Surety/property owner - signature and date

NEWARK, NJ

Surety/property owner - signature and date

CLERK OF COURT

Signature of Clerk or Deputy Clerk

AUSA signature Nicolas Roos

USDC - NJ Depty Clerk

UNITED STATES DISTRICT COURT

for the

Southern District of New York

United States of America v.

) ) ) Case No. 19 CR 830 (AT)

Michael )

Defendant )

ORDER SEWING CONDITIONS OF RELEASE

IT IS ORDERED that the defendant’s release is subject to these conditions:

  • (1) The defendant must not violate federal, state, or local law while on release.
  • (2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a.
  • (3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number.
  • (4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose.

The defendant must appear at: Place

on Date and Time

If blank, defendant will be notified of next appearance.

  • (5) The defendant must sign an Appearance Bond, if ordered.

ADDITIONAL CONDITIONS OF RELEASE

IT IS FURTHER ORDERED that the defendant’s release is subject to the conditions marked below:

( ❑ ) (6) The defendant is placed in the custody of:

Person or organization

Address (only (talian? Is an organisation)

City and state Tel. No. who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant’s appearance at all court proceedings, and (c) notil), the court inunediatcl if the defendant violates a condition of release or is no longer in the custodian’s custody.

Signed:

Custodian

( (7) The defendant must:

) (a) submit to supervision by and report for supervision to the PRETRIAL SERVICES telephone number , no later than (O ) (b) continue or actively seek employment. (O ) (c) continue or start an education program. ) (d) surrender any passport to: PRETRIAL SERVICES ( 0 ) (e) not obtain a passport or other international travel document. ) (f) abide by the following restrictions on personal association, residence, or travel: SDNY / EDNY I DISTRICT OF NEW JERSEY

( ❑ ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, including:

( ❑ ) (h) get medical or psychiatric treatment:

( ❑ ) (I) return to custody each at o’clock after being released at o’clock for employment, schooling, or the following purposes:

( ❑ ) 0) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary.

( is] ) (k) not possess {sup}afirearm, destructive device, or other weapon.

( Z ) (I) not use alcohol ( ❑ ) at all ( (g) ) excessively.

( ❑ ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by alicense medical practitioner.

( ❑ ) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with randoi frequency and may include urine testing, the wearing of a sweat patch, aremote alcohol testing system, and/or any form of prohibite substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibite substance screening or testing.

( Q ) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office {sup}t supervising officer.

( ❑ ) (p) participate in one of the following location restriction programs and comply with its requirements as directed.

( ❑ ) (i) Curfew. You are restricted to your residence every day ( ) from to , or ( ❑ ) as directed by the pretrial services office or supervising officer; or

( ❑ ) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; medico substance abuse, or mental health treatment attorney visits; cowl appearances; cowl-ordered obligations; or other activitk approved in advance by the pretrial services office or supervising officer; or

( ❑ ) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and court appearances or other activities specifically approved by the court.

( ❑ ) (q) submit to location monitoring as directed by the pretrial services office or supervising officer and comply with all of the program requirements and instructions provided.

(O ) You must pay all or pan of the cost of the program based on your ability to pay as determined by the pretrial services office or supervising officer.

( ❑ ) (r) report as soon as possible, to the pretrial services office or supervising officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops.

ADDITIONAL CONDITIONS OF RELEASE

(C81) (4 $100,000 Personal Recognizance Bond; To be co-signed by 2 financially responsible persons; Travel restricted to Southern and Eastern District of New York, and District of New Jersey; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Defendant no to possess firearm, destructive device, and other weapon; Defendant to be released on own signature; Remaining conditions to be met by 11/26/2019; No excessive use of alcohol; No contact with co-defendant unless in the presence of counsel.

ADVICE OF PENALTIES AND SANCTIONS

TO THE DEFENDANT: Michael

YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:

19 CR 830 (AT)

Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in imprisonment, a fine, or both.

While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years

and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be consecutive (Le., in addition to) to any other sentence you receive.

It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation; tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing.

If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:

  • (I) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more you will be fined not more than $250,000 or imprisoned for not more than 10 years, or both;
  • (2) an offense punishable by imprisonment for a tenn of five years or more, but less than fifteen years you will be fined not more than $250,000 or imprisoned for not more than five years, or both;
  • (3) any other felony you will be fined not more than $250,000 or imprisoned not more than two years, or both;
  • (4) a misdemeanor you will be fined not more than $I00,000 or imprisoned not more than one year, or both.

A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.

Acknowledgment of the Defendant

I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above.

ti

Dilenclant’s Smokers

City and Stale

Directions to the United States Marshal

( ❑ ) The defendant is ORDERED released after processing. ( ❑ ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before the appropriate judge at the time and place specified.

Judicial Officef’s Stumm

DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARSHAL

AUSA Nicolas Roos

DEF.‘S COUNSEL Montel Fiegrins

RETAINED FEDERAL DEFENDERS CJA PRESENTMENT ONLY

INTERPRETER NEEDED

DEFENDANT WAIVES PRETRIAL REPORT

Rule 5 Rule 9 Rule 5(c)(3) Detention Hrg.

DATE OF ARREST 11/19/2019

VOL. SURR.

TIME OF ARREST _____

ON WRIT

Other: _____

TIME OF PRESENTMENT _____

BAIL DISPOSITION

DETENTION ON CONSENT W/O PREJUDICE

DETENTION: RISK OF FLIGHT/DANGER

SEE SEP. ORDER

DETENTION HEARING SCHEDULED FOR:

AGREED CONDITIONS OF RELEASE

DEF. RELEASED ON OWN RECOGNIZANCE

$100,000 PRB 2 FRP

SECURED BY $ _____ CASH/PROPERTY:

TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersey

TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES

SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS)

PRETRIAL SUPERVISION: REGULAR STRICT AS DIRECTED BY PRETRIAL SERVICES

DRUG TESTING/TREATMT AS DIRECTED BY PTS MENTAL HEALTH EVAL/TREATMT AS DIRECTED BY PTS

DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT

HOME INCARCERATION HOME DETENTION CURFEW ELECTRONIC MONITORING GPS

DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES

DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] DEF. TO CONTINUE OR START EDUCATION PROGRAM

DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON

DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET

DEF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:

; REMAINING CONDITIONS TO BE MET BY: 11/26/19

ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:

No unlessive use of alcohol. No contact with co-dependent unless in the presence of counsel.

DEF. ARRAIGNED; PLEADS NOT GUILTY

CONFERENCE BEFORE D.J. ON 11/25/2019

DEF. WAIVES INDICTMENT

SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 3161(h)(7) UNTIL 11/25/2019

For Rule 5(c)(3) Cases:

IDENTITY HEARING WAIVED

DEFENDANT TO BE REMOVED

PRELIMINARY HEARING IN SDNY WAIVED

CONTROL DATE FOR REMOVAL: _____

PRELIMINARY HEARING DATE: 11/19/2019

ON DEFENDANT’S CONSENT

Court filing, 2019-11

Court filings

Court Records: S.D.N.Y. No. 1:19-cr-00830 · Nov. 2019

UNITED STATES DISTRICT COURT Southern District of New York for the United States of America ) v. ) ) MICHAEL ) Defendant ) APPEARANCE BOND Defendant's Agreement 19 CR 830 (AT) • Michael (defendant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail: ( 0 ) to appear for court proceedings; ( ) if convicted, to surrender to serve a sentence that the court may impose; or ( ) to comply with all conditions set forth in the Order Setting Conditions of Release ( ) (1) This is a personal recognizance bond. ( I…