ORDER Setting Conditions of Release as to BUTHERDE DARIUS (1) 100,000 (Finance notified),… — USA v. DARIUS (Dkt. 10)

Record facts

U.S. District Court for the District of New Jersey · No. 3:22-cr-00783-GC · Doc. 10 · 2022-01-27 · Docket on CourtListener

Summary

An Order Setting Conditions of Release for Butherde Darius in United States v. Darius, No. 3:22-cr-00783-GC, U.S. District Court for the District of New Jersey, filed January 27, 2022 as Doc. 10; the form itself lists case number 22-10018. The three-page form order fixes bail at 100,000 and sets the standard conditions that the defendant not violate any law, cooperate in DNA collection under 42 U.S.C. § 14135a, advise the court of address changes and appear as required. Marked conditions include reporting to Pretrial Services and release into the third party custody of a named custodian. The form closes with the advice of penalties and sanctions, including fines of up to $250,000, and the defendant's acknowledgment. It is signed by Hon. Michael A. Hammer, USMJ.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

DNJ-CR-019((REV. 1/09)(modified AO-199) 
Page 1 
UNITED STATES DISTRICT COURT
IRUWKH'LVWULFWRI1HZ-HUVH\
United States of America
v.
Defendant
ORDER SETTING
CONDITIONS OF RELEASE
Case Number: 
IT IS ORDERED on this 
 day of 
, 20 that the release of the defendant is subject to the following conditions:
 The defendant must not violate any federal, state or local law while on release.
 The defendant must cooperate in the collection of a DNA sample if the collection is authorized by
42 U.S.C. § 14135a.
 The defendant must immediately advise the court, defense counsel, and the U.S. attorney in writing before
DQ\FKDQJHRIDGGUHVVDQGRUWHOHSKRQHQXPEHU
 The defendant must appear in court as required and must surrender to serve any sentence imposed.
Release on Bond
Bail be fixed at $ 
and the defendant shall be released upon:
( ) 
Executing an unsecured appearance bond (   ) with co-signor(s) 
; 
( ) 
Executing a secured appearance bond (   ) with co-signor(s) 
, and (   ) depositing 
in cash in the registry of the Court 
% of the bail fixed; and/or (   ) execute an agreement to forfeit designated property 
located at   
. Local Criminal Rule 46.1(d)(3) waived/not waived by the 
Court.
( ) 
Executing an appearance bond with approved sureties, or the deposit of cash in the full amount of the bail in lieu thereof;
Additional Conditions of Release
3XUVXDQWWR86&†F%WKHFRXUWPD\LPSRVHWKHIROORZLQJOHDVWUHVWULFWLYHFRQGLWLRQVRQO\DVQHFHVVDU\WRUHDVRQDEO\DVVXUHWKHDSSHDUDQFHRIWKH
SHUVRQDVUHTXLUHGDQGWKHVDIHW\RIDQ\RWKHUSHUVRQDQGWKHFRPPXQLW\ ,t is further ordered that the release of the defendant is subject to the condition(s) listed below:
IT IS FURTHER ORDERED that, in addition to the above, the following conditions are imposed:
who agrees (a) to supervise the defendant in accordance with all the 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.
Custodian Signature:
Date: _ 
BUTHERDE DARIUS
22-10018
27th
January
100,000
✔
( ✔ ) Report to Pretrial Services (“PTS”) as directed and advise them immediately of any contact with law enforcement personnel,
including but not limited to, any arrest, questioning or traffic stop.
         The defendant shall not attempt to influence, intimidate, or injure any juror or judicial officer; not tamper with any witness, 
 
victim, or informant; not retaliate against any witness, victim or informant in this case. 
 
 
 
 
 
( ✔ ) The defendant shall be released into the third party custody of                                  Marthe Darius                                                                                                               
s/Marthe Darius 
2/3/2022
Case 3:22-cr-00783-GC     Document 10     Filed 01/27/22     Page 1 of 3 PageID: 23

(   )   The defendant’s travel is restricted to (   ) New Jersey  (   ) Other 
(   )   unless approved by Pretrial Services (PTS). 
(   )   Surrender all passports and travel documents to PTS.  Do not apply for new travel documents. 
(   )   Substance abuse testing and/or treatment as directed by PTS. 7UHDWPHQWPD\LQFOXGHLQSDWLHQWWUHDWPHQW 
(   ) 6XUUHQGHU'R QRW SRVVHVV a firearm, destructive device, or other dangerous weapons. Allfirearms in any home in which the defendant resides shallbe removed 
withLQ 24 hours and verification provided to PTS.  The defendant shall also surrender all firearm purchaser's identification cards and permits to PTS
(   )   Mental health testing/treatment as directed by PTS. 
(   )   Abstain from the use of alcohol. 
(   )   Maintain current residence or a residence approved by PTS. 
(   )   Maintain or actively seek employmentSUHDSSURYHGE\376 
(   )   No contact with minors unless in the presence of a parent or guardian who is aware of the present offense. 
(   )   Have no contact with the following individuals:  
(   )   Defendant is to participate in one of the following home confinement program components and abide by all the 
requirements of the program which  (  ) will or (  ) will not include electronic monitoring or other location 
verification system.  
(   )   (i) 
Curfew.  You are restricted to your residence every day ( 
) from 
to 
, 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 the following: 
education; religious services; medical, substance abuse, or mental health treatment; attorney  
visits; court appearances; court-ordered obligations; or other activities pre-approved by the 
pretrial services office or supervising officer.  Additionally, employment (   ) is permitted   (   ) is 
not permitted. 
(   )   (iii)   Home Incarceration.  You are restricted to your residence under 24 hour lock-down except 
for medical necessities and court appearances, or other activities specifically approved by the 
court. 
(   )    (iv)     Stand Alone Monitoring. You have no residential curfew, home detention, or home 
incarceration restrictions. However, you must comply with the location or travel restrictions as 
imposed by the court.  Note: Stand Alone Monitoring should be used in conjunction with global 
positioning system (GPS) technology. 
(   )  Pay all or part of the cost of location monitoring based upon your ability to pay as determined by the 
pretrial services or supervising officer. 
(   )   Defendant is subject to the following computer/internet and network restrictions which may include manual 
inspection, and/or the installation of computer monitoring software, as deemed appropriate by Pretrial 
Services.  The defendant consents to Pretrial Services’ use of electronic detection devices to evaluate the 
defendant’s access to wi-fi connections.  
(   )   (i) 
No Computers - defendant is prohibited from possession and/or use of computers or 
connected devices. 
(   )   (ii)   Computer - No Internet Access: defendant is permitted use of computers or connected devices, 
but is not permitted access to the Internet (World Wide Web, FTP Sites, IRC Servers, Instant Messaging, 
etc); 
(   )   (iii)   Computer With Internet Access: defendant is permitted use of computers or connected devices, and 
is permitted access to the Internet (World Wide Web, FTP Sites, IRC Servers, Instant Messaging, etc.) 
for legitimate and necessary purposes pre-approved by Pretrial Services at [  ] home [  ] for employment 
purposes. 
(  )  (iv) Consent of Other Residents -by consent of other residents in the home, any computers in the home 
utilized by other residents shall be approved by Pretrial Services, password protected by a third party 
custodian approved by Pretrial Services, and subject to inspection for compliance by Pretrial Services. 
Home computer networks are subject to inspection for compliance by Pretrial Services. 
( 
) 2WKHU:
Page 2 of 3 
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✔
✔
✔
✔
✔
✔
✔
✔
✔
Case 3:22-cr-00783-GC     Document 10     Filed 01/27/22     Page 2 of 3 PageID: 24

DNJ-CR-019((REV. 1/09)(modified AO-199) 
Page 3 
ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING 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 if 
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 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 obeyall 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’s Signature
City and State
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:
Judicial Officer’s Signature
Printed Name and Title
s/Burtherde Darius
✔
1/27/2022
s/Michael A. Hammer
Hon. Michael A. Hammer, USMJ
Case 3:22-cr-00783-GC     Document 10     Filed 01/27/22     Page 3 of 3 PageID: 25

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