ORDER by Magistrate Judge Jodi F Jayne , setting conditions of release as to Adam Winston James — USA v. James (Dkt. 12)

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The Order Setting Conditions of Release for Adam Winston James in United States of America v. Adam Winston James, Case 4:20-cr-00327-GKF in the U.S. District Court for the Northern District of Oklahoma, was filed January 20, 2021 as Document 12 and releases the defendant on an unsecured bond of $10,000.00, with reporting to the United States Probation Office and surrender of any passport within three (3) working days. Its marked financial conditions bar telemarketing, new loans or credit arrangements and asset transfers without consulting the Probation Office, and employment with access to others' financial information; the order is dated January 20, 2021 by Magistrate Judge Jodi F Jayne.

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Case 4:20-cr-00327-GKF     Document 12 Filed in USDC ND/OK on 01/20/21     Page 1 of 8
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OKLAHOMA

United States of America,
Plaintiff,
vs. Case No. 20-cr-00327-JED
Adam Winston James,
Defendant.
ORDER SETTING CONDITIONS OF RELEASE
IT IS ORDERED that Defendant's release is subject to the following conditions:

(1) Defendant shall not commit any offense in violation of federal, state or local law
while on release in this case.

(2) Defendant shall immediately advise the court, defense counsel and the U.S.
attorney in writing of any change in address and telephone number.

(3) | Defendant shall appear at all proceedings as required and shall surrender as directed
for service of any sentence imposed. Defendant shall next appear at (if blank, you

will be notified):
Place:
On: at
Before:

(4) The Defendant must cooperate in the collection of a DNA sample if the collection
is authorized by 34 U.S.C. § 40702.

RELEASE ON PERSONAL RECOGNIZANCE OR UNSECURED BOND
IT IS FURTHER ORDERED that the Defendant be released provided that:

(X) (5) Defendant promises to appear at all proceedings as required and to surrender for
service of any sentence imposed.

(X) (6) Defendant executes an unsecured bond binding Defendant to pay the United
States the sum of Ten Thousand Dollars and No Cents ($10,000.00) in the event
of a failure to appear as required, or to surrender as directed for service of any
sentence imposed.

Order Setting Conditions of Release -1- AO-199 Modified (7/09)
Case 4:20-cr-00327-GKF     Document 12 Filed in USDC ND/OK on 01/20/21     Page 2 of 8
ADDITIONAL CONDITIONS OF RELEASE

Upon finding that release by one of the above methods will not by itself reasonably assure
Defendant's appearance and the safety of other persons in the community, it is FURTHER
ORDERED that Defendant’s release is subject to the conditions marked below:

() @ The defendant is placed in the custody of:
Name:
Address:

Phone:

who agrees (a) to supervise the defendant in accordance with all conditions of
release, (b) to use every effort to assure the appearance of the defendant at all
scheduled court proceedings, and (c) to notify the court immediately in the event

the defendant violates any conditions of release or disappears.

Signed:

Custodian or Proxy

(X) (8) DEFENDANT SHALL:

(X) (a) report to United States Probation Office as directed and advise them
immediately of any contact with law enforcement, including but not limited to,
any arrest, questioning or traffic stop. 18 U.S.C. § 3142(c)(1)(B)(vi).

() (b) abide by the following travel restrictions: Travel is restricted to the Northern
District of Oklahoma unless permission to travel outside that district is granted
in advance from the United States Probation Office. 18 U.S.C.§
3142(c)(1)(B)\(iv).

() to include:

(X) (c) maintain current residence or a residence approved by the United States
Probation Office. 18 U.S.C. § 3142(c)(1)(B)(iv).

(X) (d) allow the United States Probation Office to visit the home, place of work, or
any place deemed necessary to ensure the conditions of release are not
violated. 18 U.S.C. § 3142(c)(1)(B)(iv).

() (e) successfully participate in a program of testing and treatment (to include
inpatient if necessary) for drug and alcohol abuse, as directed by the United
States Probation Office. Testing may be used with random frequency, not to
exceed eight times per month, and may include urine testing, the wearing of a
sweat patch, a remote alcohol testing system, and/or any other form of
substance abuse testing and/or screening. The defendant must not obstruct,
attempt to obstruct, or tamper with the efficiency and accuracy of substance
abuse testing and/or screening. 18 U.S.C. § 3142(c)(1)(B)(x).

() (f) abstain from the use of alcohol or any intoxicating substance. 18 U.S.C. §

3142(c)(1)(B)(ix).

() (g) not use or unlawfully possess a narcotic drug or other controlled substance
unless prescribed by a licensed medical practitioner. 18 U.S.C. §
3142(c)(1)(B)(ix).

Order Setting Conditions of Release -2- AO-199 Modified (7/09)
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(X) — (h) successfully participate in a program of medical and/or mental health treatment
(to include inpatient if necessary), as directed by the United States Probation
Office. 18 U.S.C. § 3142(c)(1)(B)(x).

(X) @)_ surrender any passport within three (3) working days to the United States
Probation Office. Do not apply for or obtain a passport or any other
international travel documents. 18 U.S.C. § 3142(c)(1)(B)(iv).

(X) () not possess a firearm, destructive device, or other dangerous weapon. All
firearms in any place in which the defendant resides shall be removed and
verification provided to the United States Probation Office. 18 U.S.C. §
3142(c)(1)(B)(viii).

¢) (k) successfully participate in one of the following location monitoring programs
and comply with its requirements as directed:

@) (i) Curfew. The defendant is restricted to the defendant's residence
everyday on a schedule as directed by the United States Probation
Office.

18 U.S.C. § 3142(c)(1)(B)(vii).

() (ii) Home Detention. The defendant is restricted to the defendant's
residence at all times except for employment; education; religious
services; medical appointments or emergencies; substance abuse
testing or treatment; mental health treatment, attorney consultation;
court appearances; court-ordered obligations; or other activities
approved in advance by the United States Probation Office. 18 U.S.C.
§ 3142(c)(1)(B)(xiii).

() (iii) Home Incarceration. The defendant is restricted to the defendant's
residence at all times with the exception of medical appointments or
emergencies; court appearances; or other activities approved in
advance by the United States Probation Office. 18 U.S.C. §
3142(c)(1)(B)(xiii).

The location monitoring programs may or may not include electronic
monitoring or other location verification systems.

() (1) avoid all contact, directly or indirectly, with the following person(s):

. 18 U.S.C. § 3142(c)(1)(B)(iv).

() (m) avoid all contact, directly or indirectly, with any persons who are or may
become a victim or potential witness in the subject investigation or
prosecution, including but not limited to the following named person(s):

. 18 U.S.C. § 3142(c)(1)(B)¢v).

() (n) avoid all contact, directly or indirectly, with codefendant(s) and defendant(s)
in related cases unless approved by the United States Probation Office. 18
U.S.C. § 3142(c)(1)(B)(iv).

(X) (0) maintain or actively seek employment. 18 U.S.C. § 3142(c)(1)(B)(ii).

() (p) maintain or commence an educational program. 18 U.S.C. § 3142(c)(1)(B)(iii).

(X) (q) advise any possible third parties who may be at risk because of your past

criminal conviction(s) and/or the charged offense(s). 18 U.S.C. §
3142(c)(1)(B)(xiv).

(r) abide by the current conditions of supervision. 18 U.S.C. § 3142(c)(1)(B)(xiv).

(s) THIRD PARTY CUSTODIAN

The defendant is placed in the custody of: , who agrees
to (a) supervise the defendant, (b) use every effort to assure the defendant's
appearance at all court proceedings, and notify the Court immediately if the

om me
Nee eee”

Order Setting Conditions of Release -3- AO-199 Modified (7/09)
Case 4:20-cr-00327-GKF     Document 12 Filed in USDC ND/OK on 01/20/21     Page 4 of 8
defendant violates a condition of release or is no longer in the custodian’s
custody. 18 U.S.C. § 3142(c)(1)(B)(1).
(X) (t) FINANCIAL

() (1) contribute to the costs of the testing and treatment services rendered in
an amount to be determined by the United States Probation Office
based on the defendant’s ability to pay or availability of third party
payments.

() (2) pay all or part of the cost of monitoring services as determined by the
United States Probation Office based upon the defendant's ability to
pay.

(X) (3) disclose any and all personal financial information and business
records, to include execution of a Release of Financial Information
form, as requested by the United States Probation Office.

(X) (4) shall not engage in any telemarketing activities, to include any
telephone sales or a solicitation related business, campaign, venture, or
transaction.

(X) (5) not make any loan or enter into any new credit arrangement, without
first consulting with United States Probation Office.

(X) (6) not transfer, sell, give away, or otherwise convey any asset, without
first consulting with the United States Probation Office.

(X) (7) _ not engage in any form of employment which would allow access to
financial information, to include the following: personal identifiers,
credit accounts, bank accounts of any individual, business, or other

entity.
0 (u) SEX OFFENDER
() (1) register as a sex offender in accordance with state law in the county of
residence and provide verification to the United States Probation
Office.

() (2) participate in sex offender and/or mental health treatment as directed
by the United States Probation Office, including submission to risk
assessment and psychological testing. Assessment and treatment are to
be conducted by a therapist approved in advance by the United States
Probation Office.

() (3) contribute to the cost of any evaluation, testing, treatment and/or
monitoring services rendered in an amount to be determined by the
United States Probation Office based on the defendant's ability to pay
and the availability of third party payments.

() (4) have no contact with children under the age of eighteen (18) without
prior written authorization from the United States Probation Office.
Any unauthorized contact will be reported to the United States
Probation Office immediately.

() (5) not loiter within one-hundred (100) feet of schools, parks, playgrounds,
public pools, arcades, zoos, or other places providing activities or
frequented by children under the age of eighteen (18).

() (6) not engage in any occupation, business, or profession where the
defendant has access to children under the age of eighteen (18), unless
written authorization is received in advance from the United States
Probation Office.

Order Setting Conditions of Release -4- AO-199 Modified (7/09)
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O (7) not possess sexually stimulating or sexually oriented material as
deemed inappropriate by the United States Probation Office, or
patronize any place where such material and entertainment is available.

@) (v) COMPUTER AND INTERNET

6) (1) disclose all email accounts, internet connections and internet
connection devices, including screen names and passwords, to the
United States Probation Office. The defendant shall immediately
advise the United States Probation Office of any changes in their email
accounts, internet connections, devices, or passwords. The United
States Probation Office shall have the authority to monitor all computer
activity, including all email or internet connections, as well as the
authority to install remote computer monitoring software. Ifa computer
or other internet accessible device is in a shared residence, the device
must be password protected to assure the defendant has no access to
the internet, or the device must otherwise be made inaccessible to the
defendant.

O (2) remove all internet accessible devices from the residence, and have no
internet or computer access. The defendant consents to the United
States Probation Office’s use of electronic detection devices to evaluate
the defendant’s access to wireless fidelity (WiFi) connections.

O (3) not subscribe to or use any internet services at any location without the
approval of the United States Probation Office. Telephone bills, credit
card bills, and service agreement shall be provided on request from the
United States Probation Office.

@) (4) not possess or use a computer, data storage device, or any internet
capable device without the approval of the United States Probation
Office.

@) (5) not access any on-line service using an alias, or access any on-line

service using the internet account, name, or designation of another
person or entity. The defendant will report immediately to the United
States Probation Office access to any internet site containing prohibited
material.

@) (6) not alter or use any form of encryption, cryptography, stenography,
compression, password-protected files or other methods that limit
access to, or change the appearance of, data and/or images.

O (7) not alter or destroy any records of computer use. The use of computer
software or functions designed to alter, clean, or “wipe” computer
media, block computer monitoring software, or restore a computer to a
previous state is prohibited.

O (8) Provide all personal and business telephone records to the United
States Probation Office.
@) (9) not use or possess any computer, data storage device, or any internet

capable device, at any location, except at your place of employment,
unless the defendant agrees to computer and internet monitoring. The
United States Probation Office may use and/or install any hardware or
software that is needed to monitor the defendant's use of a computer or
internet capable device. The defendant shall permit the United States
Probation Office to conduct periodic, unannounced examinations of
any computer equipment, including any data storage device, and

Order Setting Conditions of Release -5- AO-199 Modified (7/09)
Case 4:20-cr-00327-GKF     Document 12 Filed in USDC ND/OK on 01/20/21     Page 6 of 8
internet capable device used or possessed by the defendant. The
computer equipment, data storage device, and/or internet capable
device may be removed by the United States Probation Office for a
more thorough examination. The defendant may be limited to
possessing one personal internet capable device, to facilitate the United
States Probation Office’s ability to effectively monitor their internet
related activities.

O (10) not access any instant messaging, chat rooms, or chat programs through
WiFi, or otherwise. Refrain from maintaining or accessing any social
networking accounts or peer to peer file sharing sites or programs.

() (w) GAMBLING OR GAMING

() (1) not engage, directly or indirectly, in any form of gambling or game of
chance. The defendant shall not loiter or enter any dwelling or
enterprise wherein gambling or games of chance are taking place.

() (2) at the discretion of the United States Probation Office, successfully
participate in a program of mental health treatment, to include but not
limited to a program for treatment of gambling addiction.

() (x) OTHER:

Order Setting Conditions of Release -6- AO-199 Modified (7/09)
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PENALTIES 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 of 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:

(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 DEFENDANT

1 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 to surrender for
service of any sentengejmposed. Iam aware of the penalties and sanctions set forth above.

Qu.

Defendant’s oes

Order Setting Conditions of Release -7- AO-199 Modified (7/09)
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DIRECTIONS TO UNITED STATES MARSHAL

(X) Defendant is ORDERED released after processing.

( ) The United States Marshal is ORDERED to keep Defendant in custody until
notified by the clerk or a judicial officer that Defendant has posted bond and/or
complied with all other conditions for release. Defendant shall be produced
before the appropriate judicial officer at the time and place specified, if still in
custody.

Date: January 20, 2021 ar Quine

Jodi EAayne ~~
United States Magistrate Judge

Order Setting Conditions of Release - 8 - AO-199 Modified (7/09)


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