Exhibit 1 — USA v. Jittaphol (Dkt. 39.1)

Summary

Document 39-1, filed 02/10/22 in Case 1:21-cr-10270-MLW in the U.S. District Court for the District of Massachusetts, contains two exhibits about defendant Aticha Jittaphol. Exhibit 1 is a Petition for Action on Conditions of Pretrial Release, executed 2/7/2022 by U.S. Probation Officer Taylor Wertz, which reports that a sweat patch worn between 1/20/22 and 1/27/22 returned positive for methamphetamine and asks the Court for a Summons, and Exhibit 2 is a 1/25/2022 memorandum from Taylor Wertz to the Honorable Mark L. Wolf on the defendant's immigration and employment status, including an F1 Student Visa and work authorization scheduled to expire on July 13, 2022.

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Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 1 of 7
Exhibit 1
Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 2 of 7
Case 1:21-cr-10270-MLW Document 38 (Ex Parte) Filed 02/07/22 Page 1of3

PS8

UNITED STATES DISTRICT COURT
for the
DISTRICT OF MASSACHUSETTS

United States of America

vs.
Aticha Jittaphol Docket No. 0101 1:21CR10270-MLW

PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE

The undersigned U.S. Probation and Pretrial Services Officer presents this report regarding
defendant Aticha Jittaphol , who was placed under pretrial release supervision by the Honorable
Marianne Bowler, on 10/26/2021 under the following 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 32
U.S.C 40702.

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 impose.

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

6. The defendant must submit to supervision by and report for supervision to the Probation
and Pretrial Services department as directed.

7. The defendant must surrender any passport to: Probation and Pretrial Services department

by the close of business on 10/7/21.

The defendant must not obtain any passport or other international travel document.

The defendant must abide by the following restriction on personal association, residence,

or travel: travel is restricted to the District of Massachusetts.

10. The defendant must not use or unlawfully possess a narcotic drug or other controlled
substances as defined by 21 U.S.C. 802, unless prescribed by a licensed medical
practitioner.

11. The defendant must 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 other form of prohibited substance screening or testing.

12. The defendant must report as soon as possible, to the pretrial services or supervising
officer, every contact with law enforcement personnel, including arrests, questioning, or
traffic stops (report within 24 hours).

13. The defendant must maintain residence and do not move without prior permission.

14, The defendant must participate in a program for inpatient or outpatient substance abuse
therapy and counseling if directed by the pretrial services office or supervising officer.
Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 3 of 7
15. The defendant must refrain from obstructing or attempting to obstruct or tamper, in any
fashion, with the efficiency and accuracy of any substance abuse testing or monitoring
which is (are) required as a condition of release.

16. The defendant must not frequent establishments whose primary purpose is gambling. Do
not participate in any gambling activities, including casino gambling, online gambling,
lotteries, instant scratch tickets, Keno, and any other activities similar in nature. Attend a
gambling specific treatment program and/or meetings, as directed by U.S. Probation and
Pretrial Services.

And respectfully seeks action by the Court and for cause as follows:

On 2/7/22, the U.S. Probation Office received notification that the sweat patch worn by the
defendant between 1/20/22 and 1/27/22 returned positive with the presence of methamphetamine.
As such, and indicated below, we are asking the Court for a Summons to address this drug use and
the need for the defendant to re-commence residential drug treatment.

Evidence in support of this violation are laboratory results from PHARMCHEM INC. dated 2/7/22
confirming this results.

Petition for Action on Conditions of Pretrial Release

PRAYING THE COURT WILL:
0 Issue a Warrant

&) Issue a Summons

O Other:

I declare under the penalty of perjury that the foregoing is true and correct.

Executed on: 2/7/2022 Place: Boston, Massachusetts
/s/ Taylor Wertz Date: 2/7/2022
Taylor Wertz

U.S. Probation Officer

ORDER OF COURT

Warrant to Issue. Le ns \y ra) on
Summons to issue. Clerkto-schedule showcause-hearing.
Other: rAavew GS, ZO P2, at w ey 2)

Pr AA g

Considered and ordered this_ \O Liew day of teh very _, 2022, and ordered filed
and made part of the record in the above case. ,

ood
Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 4 of 7
Case 1:21-cr-10270-MLW Document 38 (Ex Parte) Filed 02/07/22 Page 3 of 3

The Honorable Mark L. Wolf,
Senior U.S. District Judge
Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 5 of 7
Exhibit 2.
Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 6 of 7
To:

From:

Date:

Re:

Case 1:21-cr-10270-MLW Document 33 Filed 01/25/22 Page 1 of 2

The Honorable Mark L. Wolf
Sr. U.S. District Judge for the District of Massachusetts

Taylor Wertz
U.S. Probation Officer

1/25/2022

Jittaphol, Aticha (21-CR-10270-MLW-1)

The purpose of this Memorandum is to provide Your Honor with supplemental information regarding the
defendant’s immigration and employment status.

The undersigned officer received the following information from the Immigration and Customs
Enforcement (ICE) Agency:

The defendant, Aticha Jittaphol, first entered the United States in 2012 via a F1 Student Visa. In
2015, the defendant applied for, and was granted, a work authorization card allowing her to be
employed in the United States under her Student Visa. The defendant’s work authorization was
renewed on multiple occasions between 2015 and 2021, and is scheduled to expire on July 13,
2022. Her F1 Student Visa will also expire on this same date.

Under the F1 Student Visa, the defendant is required to be in school or participating in a school
program. If the defendant is no longer in school, she is technically ‘out of status’ with her Visa and

may be subject to removal.

Additionally, the U.S. Citizenship and Immigration Services public website outlines the following
information regarding F1 Student Visas and employment:

“F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an
accredited college, university, seminary, conservatory, academic high school, elementary school,
or other academic institution or in a language training program. You must be enrolled in a program
or course of study that culminates in a degree, diploma, or certificate and your school must be
authorized by the U.S. government to accept international students.

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus
employment subject to certain conditions and restrictions. After the first academic year, F-1
students may engage in three types of off-campus employment:

Curricular Practical Training (CPT)
Case 1:21-cr-10270-MLW     Document 39-1     Filed 02/10/22     Page 7 of 7
Case 1:21-cr-10270-MLW Document 33 Filed 01/25/22 Page 2 of 2

Optional Practical Training (OPT) (pre-completion or post-completion)
Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training
Extension (OPT)

F-1 students may also be eligible to work off-campus on a case-by-case basis as a result of special
situations such as severe economic hardship or special student relief. M-1 students may engage in
practical training only after they have completed their studies.

For both F-] and M-1 students any off-campus training employment must be related to their area
of study and must be authorized prior to starting any work by the Designated School Official (the
person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and
USCIS.”

The defendant reports, that she completed schooling with the Teoma Institute of Massage Therapy in 2016.
The defendant’s attorney provided the U.S. Probation Office with a copy of the defendant’s diploma from
Teoma Institute of Massage Therapy dated August 3, 2016. This diploma was awarded after the defendant
completed 650 hours of the massage therapy program, which resulted in her earning the title of Massage
Therapist.

In reference to the defendant’s employment status in the community, the defendant reports that following
her arraignment for the instant offense, her massage business subsequently closed. However, she continued
to be self-employed providing massages for income. She further reported that since her arrest, she did not
keep track of business records of her income from providing massages. She indicated that during this time,
she was employed part-time for Pho O Sha Thai-Vietnamese Restaurant, working 2-3 days per week at
their restaurant. The defendant provided the U.S. Probation Office with verification of her employment
with the Pho O Sha Thai-Vietnamese Restaurant via a W-9 Tax Form and personal check authorizing a
payment from Chai Yo Inc, a company with a principal address located at the Pho O Sha Thai-Vietnamese
Restaurant.

If Your Honor requires any additional information regarding the defendant’s immigration or employment
status, please do not hesitate to contact this writer.

Reviewed/Approved By:
‘s/ Christopher Foster

Christopher Foster
Supervisory U.S. Probation Officer


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