Court filing
Order as to Darrell Thomas granting the Government's Motion — USA v. Thomas et al. (Dkt. 106, N.D. Ga.)
Filed March 17, 2021 in USA v. Thomas et al.; one of 58 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-03-17 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 106 · 2021-03-17 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA :: :: CRIMINAL CASE NO. v. :: 1:20-cr-00296-JPB-AJB :: DARRELL THOMAS :: ORDER On August 6, 2020, defendant Darrell Thomas (“Thomas”) was released on a bond under conditions of supervision set in this case, including that he shall not violate federal, state, or local law while on release. On March 17, 2021, Thomas appeared in person with counsel to address the allegations of a petition filed by his supervising United States Probation Officer seeking to revoke the bond granted on the grounds that he violated the condition of release that he not commit an offense in violation of federal, state, or local law. The government moved for detention and to revoke his bond based on the new criminal conduct. The government presented evidence to establish probable cause that following his release on bond on August 6, 2020, Thomas has laundered nearly $3,000,000 in proceeds of fraudulent loans under the Paycheck Protection Program (“PPP’’) in violation of Title 18, United States Code, Section 1956, and committed aggravated identity theft in connection with bank fraud and wire Case 1:20-cr-00296-JPB-CMS Document 106 Filed 03/17/21 Page 1 of 3 2 fraud offenses, in violation of Title 18, United States Code, Section 1028A, as detailed in the declaration of FBI Special Agent Joseph D. Stites submitted with the petition. The evidence of record indicates that Thomas, either personally or with the assistance of others, engaged in a series of banking transactions through his company bank account beginning within days of being released on bond that involved receiving and dispersing millions of dollars in proceeds of fraudulent PPP loans by using payroll cards in the names of other individuals and his own name. This course of conduct appears to have actually commenced on the very day he was released on bond as payroll cards that had been seized during a search of his residence were reported as lost on the evening of August 6, 2020, and replacement cards were issued by the bank and some of these replacement cards were subsequently used to launder fraud proceeds in Georgia and Florida that coincided with travel by Thomas, consistent with a pattern observed in the investigation when he traveled to Las Vegas, Nevada just prior to his arrest. Since there is probable cause to believe Thomas has committed new federal offenses while on release, there is a rebuttable presumption that no combination of conditions will assure that Thomas will not pose a danger to the safety of the community by continuing to engage in criminal conduct, and Thomas has not rebutted the presumption. In addition to presenting a danger to Case 1:20-cr-00296-JPB-CMS Document 106 Filed 03/17/21 Page 2 of 3 3 the community of continued criminal conduct, Thomas also presents a flight risk based on the substantial sum of cash obtained through the criminal conduct since his release that has not yet been recovered given the enhanced sentence he may face if convicted. Moreover, Thomas’ conduct demonstrates that he is not likely to abide by any conditions of release given how quickly he engaged in the new criminal conduct described in the declaration of Special Agent Stites following his release on bond. IT IS THEREFORE ORDERED AND ADJUDGED that the government’s motion for detention is granted; the bond previously granted the defendant is revoked; the defendant shall be detained without bond; and the defendant is hereby committed to the custody of the United States Marshal. IT IS SO ORDERED, this 17th day of MARCH, 2021. Case 1:20-cr-00296-JPB-CMS Document 106 Filed 03/17/21 Page 3 of 3
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