Court filing
[Proposed] Order — United States v. Nguyen (Dkt. 34, S.D.N.Y.)
Summary
A proposed order in United States v. Ngoc Manh Nguyen, a/k/a Peter Nguyen, No. 1:20-mj-12908-UA, in the U.S. District Court for the Southern District of New York. It recites that the defendant was arraigned on December 10, 2020 on an indictment in the Eastern District of New York, Case No. 2:20-cr-00486-JS-AYS, and that on February 8, 2021 he was released there on conditions including home incarceration, with the same conditions applied in the Southern District. It recites that on May 18, 2021 the Eastern District modified home incarceration to home detention with the government's consent, and the order would make the same change in this action. The release order and bond conditions are attached.
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
Filed May 18, 2021 in Ngoc Manh Nguyen; one of 1 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2021-05-18 |
Cite this document
“[Proposed] Order — United States v. Nguyen (Dkt. 34, S.D.N.Y.).”
U.S. District Court for the Southern District of New York, No. 2:20-cr-00486, Doc. 34, filed 2021-05-18. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-ngoc-manh-nguyen-nysd-549571/2021-05-18-gov-uscourts-nysd-549571-34-0-doc-34/
, SHA-256 7b8f44955254424231d92395c2ab9276ca5fa4f080f13c55928da770c7900324.Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
V.
No. 1:20-mj-12908-UA
NGOC MANH NGUYEN, [Proposed] Order
a/k/a "Peter Nguyen,"
Defendant.
WHEREAS, on December 10, 2020, Defendant Ngoc Manh Nguyen ("Defendant") was
arraigned on charges set forth in an indictment filed in the Eastern District of New York, Case
No. 2:20-cr-00486-JS-AYS (the "EDNYAction"), and an OrderofDetentionPendingTrial was
entered as to Defendant by the Honorable Anne Y. Shields (EDNY Action, ECF No. 15) 1; and
WHEREAS, on February 4, 2021, Defendant made an initial appearance in this action
(the "SDNY Action"), and an order was entered by the Honorable James L. Cott requiring
Defendant to remain in detention on consent, without prejudice (SDNY Action, ECF No. 16);
and
WHEREAS, in the EDNY Action, on February 8, 2021 , the Honorable Joanna Seybert
entered an Order Setting Conditions of Release and Appearance Bond (EDNY Action, ECF No.
40), in which Defendant was released from custody and a bail condition of home incarceration
was imposed, among other conditions; and
WHEREAS, in the SDNY Action, on or about February 8, 2021, Defendant was granted
an appearance bond subject to the same conditions as the February 8, 2021 Order Setting
Conditions of Release and Appearance Bond entered in the EDNY Action; and
1
The caption ofthe EDNY Action identifies Defendant as "Manh Ngoc Nguyen, also known as 'Peter."'
1
WHEREAS, in the EDNY Action, on May 18 , 2021 , the Honorable Joanna Seybert
entered an order modifying Defendant's bail condition of home incarceration to home detention,
with the consent of the Government (EDNY Action, ECF No. 52); and
WHEREAS, in the SDNY Action, Defendant has now applied for an order modifying his
bail condition of home incarceration to home detention; and
WHEREAS, the Go vernment also consents to Defendant's application for an order
modifying his bail condition of home incarceration to home detention in the SDNY Action;
UPON consideration of Defendant Ngoc Manh Nguyen 's application for an order
modifying his bail condition of home incarceration to home detention, it is
ORDERED that Defendant's application is GRANTED , and the conditions of
Defendant's release reflected in the February 8, 2021 Order Setting Conditions of Release and
Appearance Bond (EDNY Action, ECF No. 40), which also apply to Defendant's appearance
bond in the SDNY Action, are modified as follows:
1. Defendant's bail condition of home incarceration reflected in the February 8, 2021
Order Setting Conditions of Release and Appearance Bond is vacated.
2. Defendant will remain under the supervision of the Pretrial Services Agency,
subject to Pretrial Services' location restriction program of home detention with location
monitoring . Defendant is restricted to his home at all times, except for:
a. Attorney visits, court appearances, and necessary medical treatment;
b. Defendant's employment at Victoria's Nail and Spa, 524 Broadway Mall,
Hicksville, New York 11801 on Thursday, Friday, and Saturday from
12 :00 p .m. Eastern Time to 6:00 p.m. Eastern Time, provided that
2
Defendant is forbidden from communicating with any individuals the
Government has identified as alleged victims;
c. Defendant's employment providing construction-related services at two
properties, located at (i) 68 Thorman Ave , Hicksville, New York 11801 ,
and (ii) 21 Rochelle Tr. , Farmingville, New York 11738 , on Monday,
Tuesday, and Wednesday from 12:00 p.m. Eastern Time to 6:00 p.m.
Eastern Time, provided that Defendant is forbidden from communicating
with any tenants residing at the two properties.
3. All other conditions of Defendant's release reflected in the February 8, 2021
Order Setting Conditions of Release and Appearance Bond remain in place, including those
pertaining to co-defendant(s), co-conspirator(s), and/or employees of Defendant's nail salons.
Dated: New York, New York
May 20, 2021 2021 HONORABLE ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK
3
EXHIBITB
1Case 2:20-cr-00486-JS-AYS Document 52 Filed 05/18/21_ Page 1 of 2 PagelD # : 136
,
FI LED
us d~ERK'S OFFICE
UNITED STATES DISTRICT COURT . . ICTCOURTE.O.N.Y.
EASTERN DISTRICT OF NEW YORK
* MAY f 8 2021
*
UNITED STATES OF AMERICA LONG ISLAND OFFICE
-against- Criminal Action
No. 2:20-cr-00486-JS-AYS
MANH NGOC NGUYEN, also known as
"Peter," ll'@s e#Order
Defendant
WHEREAS, on February 8, 2021, the Court entered an Order Setting Conditions of
Release and Appearance Bond (ECFNo. 40), in which DefendantManh Ngoc Nguyen
("Defendant") was released from custody and a bail condition of home incarceration was
imposed, among other conditions; and
WHEREAS, Defendant has applied for an order modifying his bail condition of home
incarceration to home detention; and
WHEREAS, the Government consents to Defendant's application for an order modifying
his bail condition of home incarceration to home detention;
UPON consideration of Defendant Manh Ngoc Nguy en's application for an order
modifying his bail condition of home incarceration to home detention, it is
ORDERED that Defendant's application is GRANTED, and the February 8, 2021 Order
Setting Conditions of Release and Appearance Bond (ECFNo . 40) is modified as follows:
I. The portion of the February 8, 2021 Order Setting Conditions of Release and
Appearance Bond that imposes a bail condition of home incarceration upon Defendant is
vacated.
I
.-Case 2:20-cr--00486-=JS-AYS Document 52 Filed 05/18/21 Page 2 of 2 Pag~ID #: 137
,
2. Defendant will remain under the supervision of the Pretrial Services Agency,
subject to Pretrial Services' location restriction program of home detention with location
monitoring. Defendant is restricted to his home at all times, except for:
a. Attorney visits, court appearances, and necessary medical treatment;
b. Defendant's employment at Victoria's Nail and Spa, 524 Broadway Mall,
Hicksville, New York 11801 on Thursday, Friday, and Saturday from
12:00 p.m. Eastern Time to 6:00 p.m. Eastern Time, provided that
Defendant is forbidden from communicating with any individuals the
Government has identified as alleged victims;
c. Defendant's employment providing construction-related services at two
properties, located at (i) 68 Thorman Ave, Hicksville, New York 11801,
and (ii) 21 Rochelle Tr., Farmingville, New York 11738, on Monday,
Tuesday, and Wednesday from 12:00 p.m. Eastern Time to 6:00 p.m.
Eastern Time, provided that Defendant is forbidden from communicating
with any tenants residing at the two properties.
3. All other provisions of the February 8, 2021 Order Setting Conditions of Release
and Appearance Bond remain in place, including those pertaining to co-defendant(s), co-
conspirator(s), and/or employees of Defendant's nail salons.
Dated: Central Islip, New York
4 IP I/, 2021
n
<4-<t'-·
ORABLE JOANNA S ERT
e E D STATES DISTRIJUDGE
=- --
J
EASTERN DISTRICT OF NEW YORK
,.
I~
2
EXHIBIT C
. Case 2:20-cr-00486-JS-AYS Document 40 Filed 02/08/21 Page 1 of 3 PagelD #: 112
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
FIL
UNITED STATES OF AMERICA ORDER SETTING CONDITIONS IJ.s. c1ii CLf=RK'sED
oF RELEASE AND APPEARANCE e~n 'rRtcr coB~cc
-against-
~ -...£L- 0486-002 U§.J{AYS)
FEBO 8 2021 ~0 -N.~
..
~M~a....n-h~N-g_o=c-N_g-uy_e...,n________• Defendant
LONG,s *
RELEASE oaoER 'LA.No OFF,~
It is hereby ORDERED that the above-named defendant be released as follows, subject to the Standard Conditions of Bond on the ~erse and u follo~l:
( ) Upon Penonal Recognizance Bond on his/her promise to appear at all scheduled proceedings as required, or
I✓ I Upon Bond executed by defendant in the amount of$ 3,500,000.00 . and
secured by [ ✓ J financially responsible sureties listed below and/or [ ✓] collateral set fonh below.
Addjtjonal Conditions of Release
The Court fmding that release under the Standard Conditions of Release on the reverse will not by themselves reasonably assure the appearance of the
defendant and/or the safety of other persons and the community, IT JS FURTHER ORDERED as follows:
[✓ J I. The defendant must remain in and may not leave the following areas without Court permission: [ ✓ )New York City; [ ✓ )Long Island, NY;
( ) New York State; I ) New Jersey; [ ] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and travel to nnd from Coun and the permitted meas.
[ ✓) 2. The defendant sh nil ovoid all contact with the following persons or entitles:
Any co-defendant(s). co-consplrator(s}, and/or any employees of the nail salons.
[ ] 3. The defendant must avoid and not go to any of the following locations: - - - - - - - - - - - - - - - - - - - - - - - -
(✓] 4. The defendant must surrender all passports 10 Pretrial Services by immediately and not obloin other passports or international travel documents.
[✓] S. Defendant is placed under the supervision of the Pretrial Services Agency subject to the Special Conditions on the ~crse and:
[ ✓} a. is subject IO random visits by a Pretrial Si:mccs officer at defendant's residence andlor place ofworlc;
[ ✓) b. must report ( ✓I as directed by Prcllial Services or( ] in person _ _ times per _ _ _ _ andlor I ) by tclephone _ _ timcsper _ __
( ) c. must undergo [ ) testing. ( ) evaluation, and/or [ ] treatment for substance abuse, including alcoholism, as directed by Pretrial Services;
( ] d. must undergo evaluation and treatment for mental health problems, as directed by Prcllial Services.
(✓) e. is subject IO the following location restriction program with location monitoring, as directed by Pretrial Services:
(✓ ]home incan:era1ion: restricted to home at all times, except for attorney visits, court appearances, and necessary medical treatment;
( ) home detention: restricted to home at all times, except for attorney visits, court appearances, necessary medical treatment, I I religious services;
I I employment, l I school or training. ( 1other activities approved by Pretrial Services, l I _____________.
( ) curfi:w: restricted to home every dny from _ _ _ _ _ _ to _ _ _ _ _~ or ( ) as directed by Pretrial Services.
l f. Defendant must pay all or part of the cost of any required testing, evaluation, treatment and/or location monitoring by with personal fimds, based upon
abilicy to pay as determined by the Court Bild the Prcttial Services Agency, and/or ftom available insurance.
I 6. Other Conditions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
APPEARANCE BOND
I, the Wldcrsigncd defendant, and each surety \\ilo signs this bond, acknowledge that I him: read this Appearance Bond, and have either read all other
conditions of release or have had those conditions explained. I further acknowledge that I and my personal representatives, jointly and severally, arc bound to pay to the
United States of America the sum of$ 3,500,000.00 and that this obligation is secured with the below interest in the following propeny
("Collatcralj which I represent is/arc free and clear of liens except as otherwise indicated:
[ I cash deposited in the Registry of the Court the sum o f S ' - - - - - - - - - - - - - - - - -
[ ✓] premiscs located at: SEE ATTACHMENT owned by _ _ _ _ _ _ _ _ _ _ __
(✓] I also agree to execute a confession of judgment, mortgage, or lien in form approved by the U.S. Attorney which shall be duly filed with the proper local
and state authorities on or before 2/12/2021
Each owner o( the above Collateral agn:c:i nol 10 sell the properly, allow further claims or encumbrances to be made against ii, or do anylhing 10 reduce ils value while
this Appearance Bond is in elTcct.
Forfo1'un ofthe Bond. This Appearance Bond may be forfeited if the defendant fails to comply with any of the conditions set fonh above and on the
reverse. The defendant and any surety who has signed this form also agree that the coun may immediately order the amount of the bond surrendered to the United
States, including any security for the bond, if the defendant fails to comply with the above agreement. The court may also order a judgment of forfeiture against the
defendant and Dl!llinst each sW'Cly for the entire amount of the bond, including any intffl:st and costs.
Address: SEE ATTACHMENI Date:
S111cty Cily and Slac, ONLY
Address: Date:
SuRty City and Sl&lc. ONLY
Address: Dale:
Su,ay C"llJ ands._ ONLY
I acknowledge that I 1111 the defendant In this case and that I am aware of tbe conditions or release and or the penalties aod sanctions set forth on
the front and reYene sides or this form.
Re~th~ Derend• at Is hereby ordered '/1--21=-=8/2=0=2=-1.___ Isl Manh Ngoc Nguyen (acknowledged via video)
. SJgnarr,~ ofDefendant
C ~c:.., - .,...,_
Joanna Sqbert, &nior US Dlstrl11fJudge
• Case 2:20-cr-00486-JS-AYS Document 40 Filed 02/08/21 Page 2 of 3 PagelD #: 113
STAND ARD CONDITIONS OF RELEASE
IT IS ORDERED that the defendant's release is subject to these conditions:
(I) The defendant must not violate any federal, state or local law while on release.
(2) The defendant must cooperate in the collection ofa DNA sample if the collection is authorized by 42 U.S.C. § 14135a.
(3) The defendant must advise the Court, the Pretrial Services office, defense Counsel and the U.S. Attorney in writing before
making any change in address or telephone number.
(4) The defendant must appear in court as required and must surrender for service of any sentence imposed as directed.
(5) The defendant must refrain from use or unlawful possession of a narcotic drug or other controlled substances as defined in 21
U.S.C. § 802, unless prescribed by a licensed medical practitioner.
(6) If the defendant fails to report as required to the Pretrial Services Agency, defendant may be subject to such random visits at
his/her residence or work by a Pretrial Services Officer as may be necessary to verify his/her residence or place of employment
in order to secure compliance with the order of release.
(7) The defendant must not possess a firearm. destructive device, or other weapon.
SPECIAL CONDITIONS OF RELEASE FOR TESTING, TREATMENT OR EVALUATION
AND FOR LOCATION MONITORING
I. If the defendant fails to appear for any specified treatment or evaluation, defendant may be subject to such random visits at his/her
residence or work by a Pretrial Services Officer as may be necessary to verify his/her residence or place of employment in order to
secure compliance with the order of release.
2. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening
or testing. Testing may be used with random frequency and may include urine testing, the wearing ofa sweat patch, a remote
alcohol testing system, and/or any fonn of prohibited substance screening or testing, as detennined by Pretrial Services.
3. If defendant is subject to a location restriction program or location monitoring. defendant must:
(a) stay at his/her residence at all times except for approved activities and may not leave for approved activities without
providing prior notice to Pretrial Services, except in cases of medical emergencies.
(b) abide by all program requirements and instructions provided by Pretrial Services relating to the operation of monitoring
technology. Unless specifically ordered by the court, Pretrial Services may require use of one of the following or comparable
monitoring technology: Radio Frequency (RF) monitoring; Passive Global Positioning Satellite (OPS) monitoring; Active
Global Positioning Satellite (OPS) monitoring (including "hybrid" (Active/Passive) OPS); Voice Recognition monitoring.
FORFEITURE OF THE BOND
This appearance bond may be forfeited if the defendant docs not comply with the conditions of release set forth in this Order
Setting Conditions of Release and Bond. The court may immediately order the amount of the bond and any Collateral surrendered to
the United States if the defendant does not comply with the agreement. At the request of the United States, the court may order a
judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including interest and costs.
RELEASE OF THE BOND
This appearance bond may be terminated at any time by the Court. This bond will be satisfied, and the security will be
released when either: (I) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.
ADVICE OF PENALTIES AND SANCTIONS TO THE DEFENDANT
Defendant is advised that violating any of the foregoing conditions of release may result in the immediate issuance ofa
warrant of arrest, a revocation of the order of release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of
coun and could result in imprisonment, a fine, or both.
While on release, if defendant commits a federal felony offense the punishment is an additional prison tenn 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 (Le., in addition to) to any other sentence defendant may 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 infonnant; 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 arc
significantly more serious if they involve a killing or attempted killing.
If. after release, defendant knowingly fails to appear as the conditions of release require, or to surrender to serve a sentence,
defendant may be prosecuted for failing to appear or summder and additional punishment may be imposed, whether or not the
defendant is convicted of the pending charges. If defendant is convicted of:
( 1) an offense punishable by death, life imprisonment, or imprisonment for a tenn of fifteen years or more - defendant will
be fined not more than $250,000 or imprisoned for not more than IO years, or both;
(2) an offense punishable by imprisonment for a tenn of five years or more, but less than fifteen years - defendant will be
fined not more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony- defendant will be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor - defendant will be fined not more than $100,000 or imprisoned not more than one year, or both.
A tenn of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence imposed. In
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
• Case 2:20-cr-00486-JS-AYS Document 40 Filed 02/08/21 Page 3 of 3 PagelD #: 114
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA ORDER SETTING CONDITIONS
OF RELEASE AND APPEARANCE BOND
-against-
__.1Q_-_g_- 0486-002 U§_)(AYS)
....M=a=n__h.;..;N_.g""oca.aa..aN_.g""u_.y-=e....,n_ _ _ _ __,. Defendant
ADDITIONAL SURETIES
~M~a=ry~N-g~u~ye=n~-----__,,,.-Address: _ . :__ • ··--'• Hicksville NY . ·--, Dale: 2/8/2021
S-.y City and S&llc, OM.y
Tom Phung and Huyen Dinh
Surety
Address: -- -= . _, -· ........__J, Chattanooga, TN _..... ,
City and Slllc, ONLY
Dale: 2/8/2021
Tim Thang Pham and Thu Trang Thi Address: --- .__..,___ --·· ...1 1 Johns Creek. GA ---'-- Dale: 2/8/2021
sway City and Slasc, ONLY
ra__n.___ _ _ _ _-=--_Address: . --· --··- _,..J, Orlando. FL ____ ..,
..._P_,_h=u=o=c..._H'".'"_,_T__ Date: 2/8/2021
Sumy City aad Slalc, ONLY
------------=---Address:
5urety
-------.,,,.---:-::,--.,,.,.,.,,,.---------- Dale:
City aad Slalc, ONLY
------------=---Address:--------::---:-::,--==-::-:----------- Dale:
s...ay C"o,y and S&llc, 0NLy
ADDITIONAL PROPERTIES TO BE POSTED
Tom Phung and Huyen Dinh Address: _ -.. n __ .. ,_ . ....... _, Chattanooga. TN -- Dale: 2/8/2021
sun1y/Owlla' ofrroperl} City 111d s1a1e. 0NLY
Tim Thang Pham and Thu Trang Thi Address: ---=---·=-.._,__..='-. ..--. -~---=-t'-S=cuwa===n.:..::e=e'-'G=A~."'=-...,-=-....~ - - - - - Date: 2/8/2021
s..nr,;ow., o(Propcny City and Stale, 0NLY
~P~h~u_o~c....H=·~T~ran~-----=---,,,,----=--Addttss: -· -- -· __ :______ - ·· · - •Orlando. Fl..,,.. __ , Dale: 2/8/2021
s-,y~ o(~ City and Slate, 0.'IILY
_ _ _ _ _ _ _ _ _ ____,,.,.__Addttss: - - - - - - - - - - - - - - - - - - - - - Dale:
s..,.,y!OwMr of Pn,pcn) City and Swc, ONLY
---------=----,.,,.--Address:
Sun1y/Owflcr of Property
-------- - - - - - - - - - - - - - Date:
City and S111c, ONLY
---------,Swcty,--..,,,!Ow=--,o(=Pro-paty- Address: ---------,,c. .-y-and.,...,S,-wc.-O=i-;--;i.y
_ _ _ _ _ _ _ _ __ Date:
Other Conditions and/or Properties:
- The above suretors have acknowledged, via the video bond application hearing, that they fully
nderstand the conditions set forth In the attached bond, and that they understand their responsibilities to
orfeit their properties If the defendant fails to comply with said conditions.File and source
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