PETITION AND ORDER to Modify Conditions of Supervised Release as to Bern Benoit… — USA v. Thomas et al (Dkt. 1190)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 1190 · 2025-05-23 · Docket on CourtListener

Summary

A Probation Form 12B violation report and petition to modify conditions of supervision, with the court's order, filed May 23, 2025 as Document 1190 in United States v. Thomas et al., No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, concerning Bern Benoit. The petition records an original sentence of 27 months incarceration and five years of supervised release for conspiracy to commit bank fraud and wire fraud under 18 U.S.C. § 1349, with supervision beginning September 7, 2023. It reports that Mr. Benoit, authorized to travel to Florida, stated on his return that he had traveled to Colombia on April 18, 2025 without approval, and notes a March 7, 2024 violation report on restitution payments. It asks that he participate in a home detention program for 90 days, and the judge's order dated May 22, 2025 approves the modifications.

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Full text

FILED IN CLERK'S OFFICE 
U.S.D.C. -Atlanta 
ND/GA PROB 12B 
(Rev. 1/21) 
UNITED STATES DISTRICT COURT 
for 
NORTHERN DISTRICT OF GEORGIA 
Violation Report and Petition to Modify Conditions of Supervision 
with Consent of the Offender 
(Probation Form 49, Waiver of Hearing Attached) 
MAY 2 3 2025 
Deput Clerk 
Name of 
Offender: 
Bern Benoit 
Docket No: 1 :20-CR-00296-JPB 
Judicial Officer: 
Honorable J.P. Boulee, U.S. District Judge 
Date of Original 
Sentence: 
09/08/2021 
Original Offense: Conspiracy to Commit Bank Fraud and Wire Fraud, 18 U.S.C. § 1349 
Original Sentence: Mr. Benoit was sentenced to 27 months incarceration followed by five (5) years of 
supervised release. Special conditions of release include: you must provide full 
financial disclosure and submit to an audit of your financial documents; you must 
not incur new credit charges or open additional lines of credit; you must 
participate in a mental health treatment program; you must take all mental health 
medication prescribed by your treating provider; refrain from excessive use of 
alcohol; search conditions; you must permit confiscation and/or disposal of any 
contraband; you must pay restitution in the amount of $1 , l 05,217 to be paid in 
monthly installments of $250.00; and a $100 special assessment. 
Type of Supervision: Supervised Release 
Date Supervision Commenced: 09/07/2023 
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS 
FOLLOWS: 
1. Violation of Standard Condition #3: Knowingly Leaving the Federal Judicial 
District Without Permission from the Court or Probation Officer: 
On September 7, 2023, Mr. Benoit was released from the custody of the Bureau of Prisons and 
began his term of supervision in the Central District of California. Mr. Benoit was authorized 
by the Probation Office to travel to Florida from April 16, 2025 to April 23, 2025, for 
employment related purposes. However, when Mr. Benoit returned to the Central District of 
California on April 23, 2025, he reported that he traveled to Colombia on April 18, 2025, 
without first seeking or obtaining approval from the Probation Office. 
Case 1:20-cr-00296-JPB-CMS     Document 1190     Filed 05/23/25     Page 1 of 2

Benoit, Bern 
Docket No.: l-20-CR-296-JPB 
Page 2 
PREVIOUS VIOLATION(S) REPORTED TO THE COURT: 
On March 7, 2024, a violation rep011 was submitted to the Court to address Mr. Benoit's failure to 
make corni ordered restitution payments. Mr. Benoit was re-instructed by his probation officer in the 
Central District of California to make restitution payments. No fom1al Court action was 
recommended. 
PETITIONING THE COURT TO: 
To modify the conditions of supervision as follows: 
The offender shall participate for a period of 90 days in a home detention program which may 
include electronic monitoring, GPS Alcohol Monitoring Unit or automated identification system and 
shall observe all rules of such program, as directed by the Probation Officer. The offender shall pay 
the costs of Location Monitoring to the contract vendor, not to exceed the sum of$12.00 for each day 
of paiiicipation. The offender shall provide payment and proof of payment as directed by the 
Probation Officer. 
Respectfully submitted, 
A~ 
~c~~~w~~-fWl'ff"---•v 
________ 
s1_21_12_0_2s_ 
Shekevia C. Hawkfu; 
Da'te 
Megan H011on 
Date 
Senior United States Probation Officer 
Supervisory U.S. Probation Officer 
THE COURT ORDERS: 
fxl The modifications of conditions as noted above 
D No Action 
D Other 
J~Q20-
United States District Judge 
May 22, 2025 
Date 
Case 1:20-cr-00296-JPB-CMS     Document 1190     Filed 05/23/25     Page 2 of 2

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