Case 1:19-cr-00830-AT

Document 9

Filed 11/19/19

Page 1 of 8

AO 98 (Rev. 12/11) Appearance Bond

ORIGINAL

# UNITED STATES DISTRICT COURT

for the Southern District of New York

United States of America )
v. )
) 19 CR 830
TOVA NOEL )
Defendant )

## APPEARANCE BOND

## Defendant's Agreement

I, TOVA NOEL (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 PRB .
[ ] (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>

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 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,

Case 1:19-cr-00830-AT

Document 9

Filed 11/19/19

Page 2 of 8

Page 2

AO 98 (Rev. 12/11) Appearance Bond

Release of the Bond The court may order this appearance hond 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 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.)

Date: 11/19/2019

SURETY/PROPERTY OWNER — SYLVIA EPHRAIM
SURETY/PROPERTY OWNER — SIGNATURE AND DATE — <signature>

SURETY/PROPERTY OWNER — <empty>
SURETY/PROPERTY OWNER — SIGNATURE AND DATE — <empty>

SURETY/PROPERTY OWNER — <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 -
AUSA NICOLAS LANDSMAN ROOS

Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 3 of 8

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

Page 1 of _______ Pages

UNITED STATES DISTRICT COURT
for the
Southern District of New York

United States of America )
v.
)
) 19 CR 830 (AT)
TOVA NOEL )
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 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:<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 Case 1:19-cr-00830-AT 1:19-cr-00830-AT

Document Document 9 9

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

Page Page 4 4 of of 8 8

AO 199B (Rev. 12/11) Additional Conditions of Release Page of Pages

# ADDITIONAL CONDITIONS OF RELEASE

IT IS FURTIIBR ORDERED that the defendant's release is subject to the conditions marked below:

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:<empty>
Date:<empty>

([x] ) (7) The defendant must:
([x] ) (a) submit to supervision by and report for supervision to the PRETRIAL SUPERVISION AS DIRECTED BY PTS
telephone number:<empty> , no later than:<empty> .
([ ] ) (b) continue or actively seek employment.
([ ] ) (c) continue or start an education program.
([x] ) (d) surrender any passport to: PSA (& NO NEW APPLICATIONS)
([x] ) (e) not obtain a passport or other international travel document.
([x] ) (f) abide by the following restrictions on personal association, residence, or travel: SDNY/EDNY; DNJ & EASTERN DISTRICT OF PENNSYLVANIA

([ ] ) (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:

([x] ) (h) get medical or psychiatric treatment: MENTAL HEALTH EVALUATION/TREATMENT
([ ] ) (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.
([x] ) (k) not possess a firearm, destructive device, or other weapon.
([ ] ) (l) not use alcohol (
[ ] ) at all (
[ ] ) 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 licensed 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; medical, 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 9 Filed 11/19/19 Page 5 of 8

ADDITIONAL CONDITIONS OFRELEASE

(12]) (s) $100,000 PRB TOBE CO-SIGNED BY 2 FINANCIALLY RESPONSIBLE PERSONS; TRAVEL LIMITED TO

- SDNY/EDNY; DISTRICT OF NEW JERSEY & EASTERN DISTRICT OF PENNSYLVANIA; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION AS DIRECTED BY PTS; MENTAL HEALTH EVALUATION/TREATMENT AS DIRECTEDBY PTS; DEFT NOT TOPOSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFT TOBE RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE METBY 11/26/2019; NO CONTACTWITHCO-DEFENDANT UNLESS IN THEPRESENCE OFCOUNSEL

Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 6 of 8

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

Page 6 of 8

Page: <empty> of: <empty> Pages

# ADVICE OF PENALTIBS AND SANCTIONS

TO THE DEFENDANT: TOVA NOEL 19 CR 830 (AT) 11/19/2019

YOU ARE ADVISED OF THE FOLLOWING PENAL TIES AND SANCTIONS:

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  (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, 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 surrenderto serve a sentence,

- you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:

(1) 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 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.

Defendant Released
<signature>
TOVA NOEL-
City and State
<empty>

## 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: <empty>

Judicial Officer's Signature: <empty>
Printed name and title: <empty>

Case 1:19-cr-00830-AT

Document 9

Filed 11/19/19

Page 7 of 8

Page: <empty> of: <empty> Pages

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

DISTRIBUTION:  COURT

DEFENDANT

PRETRIAL  SERVICE

U.S.  ATTORNEY

U.S.  MARSHAL

## Scuthern District of New York

| County / Area | Appears on map | Notes |
|---|---:|---|
| Sullivan | Yes | Upper-left |
| Orange | Yes | West of Putnam/Rockland |
| Dutchess | Yes | Upper-right |
| Putnam | Yes | Between Dutchess and Westchester |
| Rockland | Yes | West of Westchester |
| Westchester | Yes | South of Putnam |
| The Bronx | Yes | Listed among counties in first block |
| Manhattan | Yes | Listed among counties in first block |
| Brooklyn | Yes | Labeled as Kings County in text |
| Queens | Yes | Labeled as Queens County in text |
| Staten Island | Yes | Labeled as Richmond County in text |
| Nassau | Yes | Part of Long Island |
| Suffolk | Yes | Labeled large on eastern Long Island |

Additional text blocks:
- First block: The Bronx; Manhattan; Westchester; Rockland; Dutchess; Orange; Putnam; Sullivan.
- "Eastern District of New York" listing: Brooklyn (Kings County); Queens (Queens County); Staten Island (Richmond County); Long Island (Nassau & Suffolk).

Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 8 of 8

DOCKET No.: 19 Cr 830 (AT)
DEFENDANT: Tova Noel
AUSA: Nicolas Roos
DEF.’S COUNSEL: James E. Foy
[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.
TIME OF ARREST: <empty>
[ ] ON WRIT
[ ] Other: <empty>
TIME OF PRESENTMENT: <empty>

BAIL DISPOSITION

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

[x] PRETRIAL SUPERVISION:
[ ] REGULAR 
[ ] STRICT 
[x] AS DIRECTED BY PRETRIAL SERVICES
[ ] DRUG TESTING/TREATMT AS DIRECTED BY PTS 
[x] 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
[x] DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON

[ ] 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: 11/24/19

ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:
No contact with co-defendant 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: 12/9/2019
[ ] ON DEFENDANT'S CONSENT
DATE: 11/19/2019
<signature>
UNITED STATES MAGISTRATE JUDGE, S.D.N.Y.
WHITE (original) – COURT FILE
PINK – U.S. ATTORNEY'S OFFICE
YELLOW – U.S. MARSHAL
GREEN – PRETRIAL SERVICES AGENCY
Rev'd 2016
documents/doj-281e369ff7b04656.pdf
{}