Court filing
$250,000 PSB Bond Entered as to Ernest Bernard Gonder, Jr Approved — USA v. Gonder (Dkt. 6, S.D. Fla.)
Filed January 30, 2024 in USA v. Gonder; one of 13 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-01-30 |
U.S. District Court for the Southern District of Florida · No. 0:24-cr-60003-KMW · Doc. 6 · 2024-01-30 · Docket on CourtListener
Full text
(Revised 03/2020) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA APPEARANCE Boxo:l l5ö.(<o P.c%>2 éks.ts @AJ CASE NO .: 24-Cr-60003-1œ W UNITED STATES OF AM ERICA: Plaintiff, V. Ernest Bernard Gonder, Jr. Defendant, usM # : Clvqkon - S tb 1, the undersigned defendant and I or we, the undersigned sureties, jointly and severally acknowledge that we and our personal representatives,jointly and severall , are bound to pay the United States of America, the stlm of $ P3 - ' *. V i c ', G- Q tnekwr STANDARD CONDITIONS OF BOND The conditions of this bond are that the defendant: 1. Shall appear before this Court and at such other places as the defendant may be required to appear, in accordance with any and all orders and directions relating to the defendant's appearance in this case, including appearance for violation of a condition of the defendant's release as m ay be ordered or notified by this Court or any other United States District Court to which the defendant m ay be held to answer or the cause transferred. The defendant is required to ascertain from the Clerk of Court or defense counsel the tim e and place of a1l scheduled proceedings on the case. In no event m ay a defendant assum e that his or her case has been dismissed tmless the Court has entered an order of dismissal. The defendant is to abide by any judgment entered in such matter by surrendering to serve any sentence imposed and obeying any order or direction in connection with suchjudgment. This is a continuing bond, including any proceeding on appeal or review, which shall remain in full force and effect until such time as the Court shall order otherwise. 2. M ay not travel outside the Southern District of Florida unless otherwise approved by the Court prior to any such travel. The Southern District of Florida consists of the following cotmties: Broward, Highlands, lndian River, M artin, M iami-Dade, M onroe, Okeechobee, Palm Beach and St. Lucie. 3. M ay not change his/her present address without prior notification and approval from the U.S. Probation Officer or the Court. 4. M ust cooperate with 1aw enforcement officers in the collection of a DNA sam ple if the collection is required by 42 U.S.C. Section 14135a. 5. M ust not violate any federal, state or local law while on release in this case. Should the defendant com e in contact with 1aw enforcement he/she shall notify the U .S. Probation Officer within 72 hours. Case 0:24-cr-60003-KMW Document 6 Entered on FLSD Docket 01/30/2024 Page 1 of 6 DEFENDANT: Gonder, Jr., B. CASE NUM BER: 24-Cr-60003-KM W PAGE TW O SPECIAL CONDITION S OF BOND In addition to compliance with the previously stated conditions of bond, the defendant m ust com ply with the special conditions checked below : a. Surrender a11 passports and travel doctunents, if any, to Pretrial Services and not obtain any travel documents during the pendency of the case; . Report to Pretrial Selwices as follows: ( directed or timels) a week in person and timets) a week by telephone; c. Subm it to substance abuse testing and/or treatment, contribute to the cost of services rendered based on ability to pay, as determined by the U.S. Probation Officer; W Regal from excessive OR absGin from alcohol use or any use of a narcotic dnkg or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. j802), without a prescription by a licensed medical practitioner; e. Pm icipate in a mental health assessment and/or treatment and contribute to the costs of services rendered based on ability to pay, as determined by the U .S. Probation Officer; f. Employment restrictionts): . M aintain or actively seek full-time employment; h. M aintain or begin an educational program ; i. Avoid all contact with victim s or witnesses to the crimes charged, except through cotmsel. The AUSA shall provide defense counsel and pretrial services with the nnm es of a11 victim s or witnesses. The prohibition against contact does not take effect until defense counsel receives the list. The prohibition against contact applies only to those persons on the list, but the prosecutor m ay expand the list by sending written notice to defense counsel and pretrial services.; j. Avoid a1l contact with co-defendants and defendants in related cases, except tllrough counsel; . Refrain from possessing a fireann, destructive device or other dangerous weapons and shall surrender (if anyl, their concealed weapons perm it to the U .S. Probation Office; . None of the signatories m ay sell, pledge, m ortgage, hypothecate, encum ber, etc., any real property they own, until the bond is discharged, or otherwise modified by the Court; leeMm M ay not visit comm ercial transportation establishment: airports, seaport/m arinas, comm ercial bus tenninals, - * train stations, etc.; n. Defendant shall consent to the U.S. Probation Oftker conducting peliodic tmannounced exnminations of the defendant's computer equipment at his/her place of employm ent or on the computer at his/her residence which may include retrieval and copying of all daG 9om the computerts) and any intem al or extemal pelipherals to enstlre compliance w1t11 tltis condition and/or rem oval of such eqtzipment for the purpose of conducting a m ore thorough inspection; and consent at the direction of the U.S. Probation Ofticer to have installed on the defendant's computerts), at the defendant's expense, any hardware or software systems to monitor the defendant's computer use; Case 0:24-cr-60003-KMW Document 6 Entered on FLSD Docket 01/30/2024 Page 2 of 6 DEFENDANT: Gonder, Jr., B. CASE NUM BER: 24-Cr-60003-KM + PAGE THREE o. LOCATION M ONITO RIN G PROG RAM : The defendant shall be m onitored by the form of location m onitoring and shall abide by a11 technology requirements as noted below, as well as contdbute to the costs of services rendered based on ( ) ability to pay as determined by the U.S. Probation Ofticer - or - ( ) paid by U .S. Probation', Location m onitoring technology at the discretion of the officer Radio Frequency (RF) monitoling (Electronic Monitoring) Active GPS M onitoring Voice Recognition Curfew : You are restricted to yotlr residence evely day 9om to . or as directed by the supervising ol cer. OR Hom e Detention: You are restricted to your residence at a1l times except for: ( ) medical ( ) substance abuse or mental health treatment ( ) court appearances ( ) attorney visits or court ordered obligations ( ) religious services ( ) employment ( ) other activities as pre-approved by the supervising officer - p. RESIDENTIAL RE-ENTRY CENTER: The defendant shall reside at a residential re-entry center or halfway house and abide by a1l the nzles and regulations of the program. The cost to be paid by ( lpretrial Services or ( ) based on the defendant's ability to pay. You are restricted to the residential re-entry center/halfway house at all times except for: ) employment ) education ) religious services ) medical, substance abuse, or mental health treatment ) attomey visits ) court appearances ) court ordered obligations ) reporting to Pretrial Services ( ) Other - t. Third-party Custody: will serve as a third party custodian and will report any violations of the release conditions to the U.S. Probation Officer. Failtlre to comply with these requirements, the third party custodian can be subject to the provisions of 18 U.S.C. j 401, Contempt of Court. r. The defendant shall submit his person, property, residence, vehicle, papers, computers, (as defined in 18 U.S.C. 1030(e)(1)), other electronic communication or data storage devices or media, or oftke, to a search conducted by a United States Probation Officer. The defendant must wnrn any other occupants that the premises may be subject to searches pursuant to this condition. Any search must be conducted at a reasonable tim e and in a reasonable m anner. Case 0:24-cr-60003-KMW Document 6 Entered on FLSD Docket 01/30/2024 Page 3 of 6 DEFENDANT: Gonder, Jr., B. CASE NUM BER: 24-Cr-60003-KM + PAGE FOUR s. M andatory Adam W alsh Conditions: Defendant shall abide by specified restrictions on personal associations, place of abode, or travel, to avoid a11 contact with an alleged victim of the crim e and with a potential witness who may testify concerning the offense; report on a regular basis to a designated law enforcement agency, pretrial services agency or other agency; comply with a specified curfew (with electronic monitoring) and refrain from possessing a firenrm, destructive device or other dangerous weapons. t. Additional Sex Offense Conditions For Defendants Charced or Convicted of a Sexual Offense: 1. ) Defendant may not have contact with victimts), or any child tmder the age of 18, unless approved by the Court or allowed by the U.S. Probation Officer. 2. ) The defendant shall not possess or use any data encryption technique or progrnm and shall provide passwords and adm inistrative rights to the U.S. Probation Officer. ) Defendant shall participate in specialized sex offender evaluation and treatment, if necessary, and to contribute to the costs of services rendered based on ability to pay, as determ ined by 5. 6. 7. 8. 9. the U.S. Probation Office. ) Defendant shall not possess, procure, purchase or otherwise obtain any internet capable device and/or com puter. Additionally, the defendant is prohibited from using another individual's computer or device that has intenwt capability. ) Defendant is prohibited from establishing or maintaining any email account or social media account. Additionally, the defendaht is prohibited from using another individual's em ail account or social m edia account. M ust provide m onthly or upon request, personal phone and credit card billings to Pretrial Services to confirm there are no services with any internet services provider. ) Defendant is not permitted to enter places where children congregate including, but not limited to any play areas, playgrounds, libraries, children-themed restaurants, daycares, schools, nmusem ent parks, cnrnivals/fairs, unless approved by the U .S. Probation Officer. ) The defendant shall not be involved in any children's or youth organizations. ) Defendant is prohibited from viewing, owning, or possessing any obscene, pornographic, or sexually stim ulating visual or auditory m aterial, including telephone, electronic m edia, computer program s, or computer services. ) The defendant shall pm icipate in a maintenance polygraph exnmination to periodically investigate the defendant's com pliance. The polygraph exnmination shall specifically address only defendant's compliance or non-compliance with the special conditions of release and shall not inquire into the facts of the pending criminal case against defendant. The defendant will contribute to the costs of services rendered (co-payment) based on ability to pay or availability of third party payment. May travel to and rrom: 30 :a-. , and must notiv pretrial services of travel plans before u. leaving and upon return. v. Co ply with the following additional conditions of bond: - ; h - qx wo fgm 'wv c- Case 0:24-cr-60003-KMW Document 6 Entered on FLSD Docket 01/30/2024 Page 4 of 6 DEFENDANT: Gonder, Jr., B. CASE NUM BER: 24-Cr-60003-KM + PAGE FIVE PENALTIES AND SANCTIONS APPLICABLE TO DEFENDANT Violation of any of the foregoing conditions of release m ay result in the imm ediate issuance of a warrant for the defendant's arrest, a revocation of release, and order of detention, as provided in 18 U.S.C. j3148, forfeiture of any bail posted, and a prosecution for contempt as provided in 18 U.S.C. j401, which could result in a possible term of imprisonment or a fine. The comm ission of any offense while on pretrial release m ay result in an additional sentence upon conviction for such offense to a tenn of imprisonm ent of not m ore than ten years, if the offense is a felony; or a term of im prisonment of not m ore than one year, if the offense is a m isdemeanor. This sentence shall be consecutive to any other sentence and must be imposed in addition to the sentence received for the offense itself. Title 18 U.S.C. 51503 makes it a felony criminal offense punishable by imprisonment and a $250,000 tine to intimidate or attempt to intimidate a witness, juror or officer of the court; 18 U.S.C. j1510 makes it a felony criminal offense punishable by imprisonment and a $250,000 fine to obstruct a criminal investigation; 18 U.S.C. j1512 makes it a felony criminal offense punishable by imprisonment and a $250,000 tine to tamper with a witness, victim or informant; and 18 U.S.C. j1513 makes it a felony criminal offense ptmishable by imprisonment and a $250,000 tine to retaliate against a witness, victim or infonmant, or threaten to do so. lt is a criminal offense under 18 U.S.C. j3146, if after having been released, the defendant knowingly fails to appear as required by the conditions of release, or to surrender for the service of sentence pursuant to a court order. lf the defendant was released in connection with a charge of, or while awaitinj sentence, surrender for the service of a sentence, or appeal or certiorari after conviction for: (1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more the defendant shall be tined not more than $250,000 or imprisoned for not more than ten years, or both; (2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, the defendant shall be fined not more than $250,000 or imprisoned for not more than five years, or both; (3) any other felony, the defendant shall be tined not more than $250,000 or imprisoned not more than two years, or both; (4) a misdemeanor, the defendant shall be tined not more than $100,000 or imprisoned not more than one year, or both. A term of im prisonment imposed for failure to appear or surrender shall be consecutive to the sentence of imprisonment for any other offense. In addition, a failure to appeaz m ay result in the forfeiture of any bail posted, which m eans that the defendant will be obligated to pay the full am ount of the bond, which may be enforced by a1l applicable law s of the United States. Case 0:24-cr-60003-KMW Document 6 Entered on FLSD Docket 01/30/2024 Page 5 of 6 DEFENDANT: Gonder, Jr., B. CASE NUM BER: 24-Cr-60003-KM * PAGE S1X PENALTIES AND SANCTIONS APPLICABLE TO SURETIES Violation by the defendant of any of the foregoing conditions of release will result in an immediate obligation by the surety or sureties to pay the full amount of the bond. Forfeiture of the bond for any breach of one or more conditions may be declared by ajudicial ofticer of any United States District Court havinjcognizance of the above entitled matter at the time of such breach, and if the bond is forfeited and the forfeiture is not set aside or remltted, judgment may be entered upon motion in such United States District Court against each surety jointly and severally for the amount of the bond, together with interest and costs, and execution may be issued and payment secured as provided by the Federal Rules of Crim inal Procedure and other laws of the United States. SIGNATURES l have carefully read and I understand this entire appearance bond consisting of seven pages, or it has been read to me, and, if necessary, lanslated into my native language, and 1 know that l am obligated by law to comply with a1l of the terms of this bond. I promise to obey all conditions of this bond, to appear in court as required, and to surrender for service of any sentence imposed. l am aware of the penalties and sanctions outlined in this bond for violations of the terms of the bond. lf I am an agent acting for or on behalf of a corporate surety, l further represent that I am a duly authorized agent for the cop orate surety and have full power to execute this bond in the amount stated. DEFENDANT Signed this '4# 4* day of o'W Ah , 24 at - 1r.+ Lxt-t.tzê&hxs Florida Signed and acknowledged before pe: DEFENDANT: (Signature) '' -' n'n / 6.6u.xj 6 /7 +. p é.w/'e. fq WITNESS: up . City state f'-,. ( éeza 4xvlJ City State CORPORATE SURETY Signed this day of , 24 at , Florida SURETY: AGENT: (Signature) PRINT NAM E: City State INDIVIDUAL SURETIES Jh - Signedthis + day of , 24 at Florida Signed this day of , 24 at , Florida SURETY: (Signature) SURETY: (Signature) PRINT NAME: y àl 4 oç ' o -t. PRINT NAME: RELATIONSHIPTODEFENDANT: tz-liv - RELATIONSHIPTODEFENDW : y . taoc', F lor', d q (lity State (lity Statc Signed this day of , 24 at , Florida SURETY: (Signature) PRINT NAM E: RELATIONSHIPTO DEFENDANT: City State Signedthis day of , 24 at , Florida SURETY: (Signature) PRINT NAM E: REIUATIONSO TO DEFENDAM ': Ilate: / :3t1 (zity State APPROVAL BY TH E COURT < ' zx p e - . # ALICIA 0 . VALLE UNITED STATES M AGISTRATE JUDGE Case 0:24-cr-60003-KMW Document 6 Entered on FLSD Docket 01/30/2024 Page 6 of 6
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