Case 1:19-cr-00830-AT

Document 8

Filed 11/19/19

Page 1 of 10

AO 98 (Rev. 12/11) Appearance Bond

# UNITED STATES DISTRICT COURT

for the Southern District of New York

ORIGINAL

United States of America
V.

MICHAEL THOMAS
Defendant

19 CR 830 (AT)
DO NOT WRITE OR STAMP
<signature>

## APPEARANCE BOND

## Defendant's Agreement

I, Michael Thomas (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:
[x] to appear for court proceedings;
[x] if convicted, to surrender to serve a sentence that the court may impose; or
[x] to comply with all conditions set forth in the Order Setting Conditions of Release.

Type of Bond
[x] (1) This is a personal recognizance bond.
[x] (2) This is an unsecured bond of $ $100,000.00 .
[ ] (3) This is a secured bond of $ <empty> , secured by:
[ ] (a) $ <empty> , in cash deposited with the court.
[ ] (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):
<empty>
If this bond is secured by real property, documents to protect the secured interest may be filed of record.
[ ] (c) a bail bond with a solvent surety (attach a copy of the bail bond, or describe it and identify the surety):
<empty>
<empty>

## Forfeiture or Release of the Bond

Forfeiture ofthe Bond. This appearance bond may be forfeited if the defendant does not comply with the above agreement. The comt 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.

Case 1:19-cr-00830-AT Document 8 Filed 11/19/19 Page 2 of 10

Page 2

AO 98 (Rev. 12/11) Appearance Bond

Release of the Bond The comt 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 repotts 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 prope1ty, 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 comt or had them explained to me. I agree to this Appearance Bond.

I, the defendant- and each surety- declare under penalty of pe1jury that this information is true. (See 28 U.S.C.§ 1746.)

Date: 11/19/2019

Surety/property owner - printed name: ALEC THOMAS

Surety/property owner - printed name: <empty>

Surety/property owner - printed name: <empty>

Defendant's signature Michael Thomas: <signature>
Surety/property owner — signature and date: <signature>
Surety/property owner — signature and date: <empty>
Surety/property owner — signature and date: <empty>

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

CLERK OF COURT
<signature>
Signature of Clerk or Deputy Clerk
<signature>
AUSA signature Nicolas Roos

Date: 11/19/2019

Approved.

Date: 11/19/2019

Case 1:19-cr-00830-AT Case 1:19-cr-00830-AT

Document 8 Document 8

Filed 11/19/19 Filed 11/19/19

Page 3 of 10 Page 3 of 10

Page 2

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: (I) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.

## Declarations

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

(1) all owners of the prope1iy 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 effoct.

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.)

Date: 11/19/2019

Surety/property owner - printed name: ALIC C THOMS

Surety/property owner - printed name:<empty>

Surety/property owner - printed name:<empty>

<signature>
Defendant's signature Michael Thomas
<signature>
Surety/property owner - signature and date
<empty>
Surety/property owner - signature and date
<empty>
Surety/property owner - signature and date

CLERK OF COURT
<signature>
Signature of Clerk or Deputy Clerk
<signature>
AUSA Signature Nicolas Roos
<signature>
Deputy Clerk
U.S.D.C. District of New Jersey . 12/4/19

Date: 11/19/2019

Approved.

Date: 11/19/2019

Case 1:19-cr-00830-AT

Document 8

Filed 11/19/19

Page 4 of 10

Page 2

' AO 98 (Rev. 12/11) Appearance Bond

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

(1) all owners of the prope1iy 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 trne. (See 28 U.S.C.§ 1746.)

Date: 11/19/2019

Defendant's signature Michael Thomas

Surety/property owner - printed name: ALIC THOMAS
Surety/property owner - signature and date: <signature>

Surety/property owner - printed name: Qadriyyah Hill-Lora
Surety/property owner - signature and date: <signature>

Surety/property owner - printed name: <empty>
Surety/property owner - signature and date: <empty>

Date: 11/19/2019

Approved.

Date: 11/19/2019

CLERK OF COURT
<signature>
Signature of Clerk or Deputy Clerk
<signature>
AUSA signature Nicolas Roos
<signature>
M.Dixon 12/9/18
USDC-NJ Deputy Clerk

Case 1:19-cr-00830-AT Document 8 Filed 11/19/19 Page 5 of 10

, AO 199~ (Rev. 12/11) Order Setting Conditions of Release

Page 1 of <empty> Pages

# UNITED STATES DISTRICT COURT
for the

Southern District of New York

United States of America )
v. )
Case No.: 19 CR 830 (AT)
Michael Thomas )
Defendant )
)

## ORDER SETTING 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 cir supervising officer in writing before making any change ofresidence 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:<empty>

on:<empty>
Date and Time:<empty>

If blank, defendant will be notified of next appearance.

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

Case 1:19-cr-00830-AT Document 8 Filed 11/19/19 Page 6 of 10

AQ 199B (Rev. 12/1 I) Additional Conditions of Release Page of Pages

# 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:<empty>
Address (only if above is an organization):<empty>
City and state:<empty>
Tel. No.:<empty>
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant’s appearance at all court proceedings, and (c) notify the court immediately if the defendant violates a condition of release or is no longer in the custodian’s custody.
Signed:<empty>
Custodian
Date:<empty>

(x) (7) The defendant must:
(a) submit to supervision by and report for supervision to the PRETRIAL SERVICES,
telephone number <empty> , no later than <empty> .
(b) continue or actively seek employment.
(c) continue or start an education program.
(d) surrender any passport to: PRETRIAL SERVICES
(e) not obtain a passport or other international travel document.
(f) abide by the following restrictions on personal association, residence, or travel: SDNY / EDNY / 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: <empty>
(h) get medical or psychiatric treatment: <empty>
(i) return to custody each <empty> at <empty> o'clock after being released at <empty> o'clock for employment, schooling,
or the following purposes: <empty>
(j) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary.
(k) not possess a firearm, destructive device, or other weapon.
(l) not use alcohol ( [ ] ) at all ( [x] ) excessively.
(m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a license 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 random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing.
(o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or 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 <empty> to <empty> , 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; media substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities 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.
You must pay all or part 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.

Case 1:19-cr-00830-AT

Document 8

Filed 11/19/19

Page 7 of 10

## ADDITIONAL CONDITIONS OF RELEASE

[x] (s) $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 not 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.

Case 1:19-cr-00830-AT

Document 8

AO 199C (Rev. 09/08) Advice of Penalties

Filed 11/19/19

Page 8 of 10

Page: <empty> of: <empty> Pages

## ADVICE OF PENALTIES AND SANCTIONS

TO THE DEFENDANT: Michael Thomas

19 CR 830 (AT)

YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:

Violating any of the foregoing conditions ofrelease 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 (i.e., 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, infonnant, 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 IO years, or both;

	(2) an offense punishable by imprisonment for a term 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 $100,000 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.

forth above.
Defendant Released
<signature> - 11/19/19
Defendant's Signature
<empty>
City and State

## 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.

Date: 11/19/2019
Judicial Officer's Signature:<empty>
Printed name and title:<empty>

Case 1:19-cr-00830-AT

Document 8

Filed 11/19/19

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Page: <empty> of: <empty> Pages

AO 199C (Rev. 09/08) Advice of Penalties

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

## Southern District of New York

| District / Group (as shown in image) | Counties included |
|---|---|
| Unlabeled group (top list) | The Bronx; Manhattan; Westchester; Rockland; Dutchess; Orange; Putnam; Sullivan |
| Eastern District of New York | Brooklyn (Kings County); Queens (Queens County); Staten Island (Richmond County); Long Island — Nassau & Suffolk |

Case 1:19-cr-00830-AT

Document 8

Filed 11/19/19

Page 10 of 10

DOCKET No.: 19 Cr 830 (AT)
DEFENDANT: Michael Thomas

AUSA: Nicolas Roos
DEF.’S COUNSEL: Montel Figgins
[x] 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
[x] VOL. Surr.
[ ] ON WRIT

[ ] Other: <empty>
TIME OF ARREST: <empty>
TIME OF PRESENTMENT: <empty>

BAIL DISPOSITION

DETENTION ON CONSENT W/O PREJUDICE: [ ]
DETENTION: RISK OF FLIGHT/DANGER: [ ]
SEE SEP. ORDER: [ ]
DETENTION HEARING SCHEDULED FOR:: <empty>
SEE TRANSCRIPT: [ ]
AGREED CONDITIONS OF RELEASE: [ ]
DEF. RELEASED ON OWN RECOGNIZANCE: [ ]
$100,000 PRB: [x]
2 FRP: [x]
SECURED BY $: <empty> CASH/PROPERTY:: <empty>
TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersey: [x]
TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES: [ ]
SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS): [x]

PRETRIAL SUPERVISION:
[ ] REGULAR
[ ] STRICT
[x] 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: [x]
DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET: [x]
DEF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:: <empty> ; REMAINING CONDITIONS TO BE MET BY:: 11/26/19

ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:
No excessive use of alcohol.
No contact with co-dependent unless in the presence of counsel.

[x] DEF. ARRAIGNED; PLEADS NOT GUILTY
[x] CONFERENCE BEFORE D.J. ON 11/25/2019
[ ] DEF. WAIVES INDICTMENT
[x] 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: <empty>

PRELIMINARY HEARING DATE: 12/19/2019
[ ] ON DEFENDANT'S CONSENT
DATE: 11/19/2019
<signature>
UNITED STATES MAGISTRATE JUDGE, S.D.N.Y.
WHITE (original) – COURT FILE
Rev'd 2016
PINK – U.S. ATTORNEY'S OFFICE
YELLOW – U.S. MARSHAL
GREEN – PRETRIAL SERVICES AGENCY
documents/doj-f078a63334981141.pdf
{}