PETITION AND ORDER to Modify Conditions of Supervised Release as to Bern Benoit… — USA v. Thomas et al (Dkt. 1198)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 1198 · 2025-10-03 · Docket on CourtListener

Summary

A probation violation report and petition to modify conditions of supervision with the offender's consent, filed October 3, 2025 as Doc. 1198 in USA 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. It records his original offense of conspiracy to commit bank fraud and wire fraud under 18 U.S.C. § 1349 and a sentence of 27 months followed by five years of supervised release. The petition reports an arrest on August 26, 2025 in a case dismissed on September 16, 2025 with no charges filed, a positive drug test on August 27, 2025, and earlier violation reports of March 7, 2024 and May 22, 2025. It asks the court to add substance abuse treatment, abstention and drug-testing conditions. The three-page form ends with the court's order section, signed by a U.S. District Judge.

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Full text

ND/GA PROB 12B 
(Rev. 1/2 1) 
UNITED STATES DISTRICT COU 
FILED IN CLERK'S OFFICE 
U.S.D.C .. Atlanta 
ror 
OCT O 3 2025 
NORTHERN DISTRICT OF GEOR 
A 
Violation Report and Petition to Modify Conditions of Supervision 
with Consent of the Offender 
(Probation Form 49, Waiver of Hearing Attached) 
Name of 
Offender: 
Bern Benoit 
Judicial Officer: 
Honorable J.P. Boulee 
Date of Original 
Sentence: 
U.S. District Judge 
09/08/2021 
Docket No: 
1 :20-CR-00296-JPB 
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 ,105,217 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 Mandatory Condition- Commission of Another Federal, State, or Local 
Crime: 
On August 26, 2025, Mr. Benoit was arrested by the Burbank Police Department and charged 
with Domestic Battery Upon Spouse. According to the arrest report, on August 25, 2025, Mr. 
Benoit called the police after his girlfriend refused to leave his residence. When the officer 
spoke to Mr. Benoit, he stated that his girlfriend, who was visiting from Houston, Texas, came 
to visit him for a week. A few days before the arrest, the two of them became involved in a 
verbal argument, which resulted in his girlfriend taking his phone and leaving. He stated that 
once she came back to the residence, the door was locked causing her to attempt to kick down 
the door causing visible damage. On the night of the arrest, Mr. Benoit stated to the police that 
he woke up in the middle of the night to the smell of marijuana on the second floor of his 
Case 1:20-cr-00296-JPB-CMS     Document 1198     Filed 10/03/25     Page 1 of 3

Benoit, Bern 
Page 2 
Docket No.: I :20-CR-296-JPB 
residence. He confronted his girlfriend about her smoking marijuana in the residence. In 
response, he asked her to leave, but she refused. As such, he called the police. Mr. Benoit 
denied ever having a physical altercation with his girlfriend. 
When the officer spoke to Mr. Benoit's girlfriend, she stated that on the evening of August 25, 
2025, she left the residence to purchase a bottle of Tequila per Mr. Benoit's request. However, 
when she returned, he became upset with her because she took too long to obtain the alcohol 
for him. As such, she went to the second floor of the apartment to create some distance. Later 
in the night, after she used marijuana, Mr. Benoit confronted her about smoking marijuana in 
the residence. He then went up the stairs to damage her property, and she followed him. When 
she attempted to reach for her belongings, she reported he punched her in the ribs with a closed 
fist. The officer, who was questioning Mr. Benoit's girlfriend, did not observe any bruising or 
markings on her. 
On September 16, 2025, Mr. Benoit appeared in the Los Angeles County Superior Court. He 
was advised that no charges were filed, and the case was dismissed. 
2. Violation of Mandatory Condition -Unlawful Use of a Controlled Substance: 
On August 27, 2025, Mr. Benoit submitted a urine specimen, with positive results for cocaine. 
On September 5, 2025, Mr. Benoit was confronted with the positive drug test results. Mr. 
Benoit admitted to using cocaine on the night of his arrest, stating that he was very stressed but 
was ultimately disappointed in himself. It should be noted that Mr. Benoit submitted another 
urine specimen on September 8, 2025, with negative results for all illegal substances. 
PREVIOUS VIOLATION(S) REPORTED TO THE COURT: 
On March 7, 2024, a violation report was submitted to the Court to address Mr. Benoit's failure to 
make court ordered restitution payments. Mr. Benoit was re-instructed by his probation officer in the 
Central District of California to make restitution payments. No formal Court action was 
recommended. 
On May 22, 2025, a violation report was submitted to the Court to advise that Mr. Benoit had left the 
United States of America without permission and traveled to Colombia. Mr. Benoit was presented 
with a Waiver of Hearing to Modify Conditions of Supervised Release to include a condition that he 
participate in a home detention program for a period of 90 days, which he is due to complete on 
October 4, 2025. 
PETITIONING THE COURT TO: 
To modify the conditions of supervision as follows: 
The offender shall participate in an outpatient substance abuse treatment and counseling program that 
includes urinalysis, breath or sweat patch testing, as directed by the Probation Officer. The offender 
shall abstain from using alcohol and illicit drugs, and from abusing prescription medications during 
the period of supervision. 
Case 1:20-cr-00296-JPB-CMS     Document 1198     Filed 10/03/25     Page 2 of 3

Benoii, Bem 
Page 3 
Docket No.: l :20-CR-296-JPB 
As directed by the Probation Officer, the offender shall pay all or part of the costs of the Court-
ordered treatment to the aftercare contractors during the period of community supervision. The 
offender shall provide payment and proof of payment as directed by the Probation Officer. If the 
offender has no ability to pay, no payment shall be required. 
The offender shall refrain from any unlawful use of a controlled substance. The offender shall submit 
to one drng test within 15 days of release on supervised release and at least two periodic drug tests 
thereafter, not to exceed six tests per month, as directed by the Probation Officer. 
Respectfully submitted, 
~ 
C &~ 9,/2-v202../;--=-J-N-
JJAl) 
__ ,_l(_; _____ 
10_121_20_2s_ 
Shekevia C. HawkinsDate 
M~n 
Date 
Senior United States Probation Officer 
Supe1visory U.S. Probation Officer 
THE COURT ORDERS: 
aa The modifications of conditions as noted above 
D No Action 
D Other 
J~UCZ0-
United States District Judge 
10-2-2025 
Date 
Case 1:20-cr-00296-JPB-CMS     Document 1198     Filed 10/03/25     Page 3 of 3

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