Appearance Bond and Release Conditions — United States v. Rafael Martinez (Southern District of New York, Document 14)

Summary

The appearance bond and release forms for Rafael Martinez in United States v. Martinez, No. 1:22-cr-00251-LJL, in the U.S. District Court for the Southern District of New York, filed March 2, 2022 as Document 14. The bond form lists a secured bond of $10,000,000.00 and the entry "SECURED BY 4 PROPERTIES". The additional-conditions form lists a $10,000,000 PRB to be co-signed by 3 financially responsible persons, surrender of travel documents, pretrial supervision as directed, and remaining conditions to be met by 3/8/2022. The filing also contains an Order Setting Conditions of Release and an Advice of Penalties form.

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

Case 1:22-cr-00251-LJL Document14 Filed 03/02/22 Pagelof7

AO 98 (Rev. 12/11) Appearance Bond

UNITED STATES DISTRICT COURT

for the
Southern District of New York

United States of America )
V. )
) Case No. 22 MAG 1988

RAFAEL MARTINEZ )
Defendant )

APPEARANCE BOND

Defendant’s Agreement

1, RAFAEL MARTINEZ (defendant), agree to follow every order of this court, or any

court that considers this case, and I further agree that this bond may be forfeited if I fail:
( X ) to appear for court proceedings;
if convicted, to surrender to serve a sentence that the court may impose; or

(x)
(Xx )  tocomply with all conditions set forth in the Order Setting Conditions of Release.

Type of Bond
( x) (1) 7 This is a personal recognizance bond.
(  ) (2) This is an unsecured bond of
( X ) G3) This is asecured bond of _$ 10,000,000.00 , secured by:
( ) (a) , in cash deposited with the court.

( ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property
(describe the cash or other property, including claims on it — such as a lien, mortgage, or loan — and attach proof of
ownership and value):

SECURED BY 4 PROPERTIES- SEE BELOW

If this bond is secured by real property, documents to protect the secured interest may be filed of record.

( ) (c) a bail bond with a solvent surety (attach a copy of the bail bond, or describe it and identify the surety):

Forfeiture or Release of the Bond

Forfeiture of the Bond. This appearance bond may be forfeited if the defendant does not comply with the above
agreement. The court may immediately order the amount of the bond surrendered to the United States, including the

~~ security for the bond, 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.

Case 1:22-cr-00251-LJL Document14 Filed 03/02/22 Page2of7

AO 98 (Rev. 12/11) Appearance Bond

Release of the Band. The court may order this appearance bond ended at any time, This bond will be satisfied and the

security will be released when either: (1) the defendant Is found not guilty on all charges, or (2) the defendant reports to
serve a sentence,

Declarations

Ownership of the Property, 1, the defendant — and each surety — declare under penalty of perjury that:

(1) all owners of the property securing this appearance bond are included on the bond:

{2) the property is not subject to claims, except as described above; and

(3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value
while this appearance bond is in effect,

Acceptance. |, the defendant — and each surety ~ have read this appearance bond and have cither read all the conditions
of release set by the court or had them explained to me. I agree to this Appearance Bond. -

”

a
I, the defendant ~ and each surety — declare under penalty of perjury that thiyinfofmati . Sco 28 US.C. § 1746.)

Date: _ 03/01/2022

OSA Nevas — » “Xi

FAEL MARTINEZ

Sureyyproperty “T ~ signature and date

Sureniprperty at | K | (
Mavi a. Naniyen «7

Raa aace «= AS

4 en
Surety/property owner — Signature and date

Surety/property owner ~ printed name

CLERK OF COURT

Date: _ 03/01/2022

er ne ey

Signature of Clerk ar Deputy Clerk —_

Approved, Digitally signed by Sagar
S a g a r Ra vi Date 2022.03.02 23:24:25
Date: _ 03/01/2022 _ 05°00!

Ast Siaire SAGAR RAVE

Case 1:22-cr-00251-LJL Document14 Filed 03/02/22 Page 3of7

AO 199A (Rev. 06/19) Order Setting Conditions of Release

UNITED STATES DISTRICT COURT

for the
Southern District of New York

United States of America
v.

RAFAEL MARTINEZ

Defendant
ORDER SETTING CONDITIONS OF RELEASE

Case No. 22 MAG 1988

Nene Nee? Neate” Sar” Ser

IT IS ORDERED that the defendant’s release is subject to these conditions:
(i) The defendant must not violate federal, state, or local law while on release.

_.(2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 34 U.S.C. § 40702.

(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making
any change of residence or telephone number.

(4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that

the court may impose.

The defendant must appear at:

Place

on

Date and Time

if blank, defendant will be notified of next appearance.

....{5)_.. The. defendant must sign an Appearance Bond, if ordered.

Case 1:22-cr-00251-LJL Document14 Filed 03/02/22 Page4of7

AO 199B (Rev. 12/20) Additional Conditions of Release Page of ___s~Pages

ADDITIONAL CONDITIONS OF RELEASE

Pursuant to 18 U.S.C. § 3142(c)(1)(B), the court may impose the following least restrictive condition(s) only as necessary to reasonably assure the
appearance of the person as required and the safety of any other person and the community.

IT IS FURTHER ORDERED that the defendant’s release is subject to the conditions marked below:

(L.]) (© The defendant is placed in the custody of:

Person or organization

Address fontly if above is an organization)

City and state Tel. No.
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant’s appearance at all court proceedings, and (c) notify the court
immediately if the defendant violates a condition of release or is no longer in the custodian’s custody.

Signed:

oe wees vet we Candia TOT. STITH

([¥]) (7) The defendant must: ---—------ =» nee cee one nnn anne nen cence se nn

(1) (a) submit to supervision by and report for supervision to the - PRETRIAL SERVICES FOR [| Regular; LJ Strict; As Directed
telephone number , no later than

(J) .(b). continue. or actively seek employment. on en ts en
__-(L])_(©)_continue or start an education program...

(VY) (d) surrender any passport to: PRETRIAL SERVICES (& NO NEW APPLICATIONS)

([7]) (©) not obtain a passport or other international travel document.

([¥7]) ( abide by the following restrictions on personal association, residence, or travel: | SDNY/EDNY
& DISTRICT OF NEW JERSEY

(LJ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution,
including:~ oo 7 —

(L_]) (h) get medical or psychiatric treatment:

(LJ) @_ return to custody each at o’clock after being released at o’clock for employment, schooling,
or the following purposes:

(Dp Gj) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers
necessary.

(iv) {k) not possess a firearm, destructive device, or other weapon.

(L_]) @_ not use alcohol ( (1 )at all ( [F] ) excessively.

(2) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed
medical practitioner,

“CED (a) submit'to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with
random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of
~-———prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct; or tamper with the efficiency and accuracy —~
of prohibited substatice screening or testing. | eee ee oe
(-]) (©) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or
supervising officer.
(L]) (p) participate in one of the following location restriction programs and comply with its requirements as directed.
(F_]) @ Curfew. You are restricted to your residence every day ( [_]) from to ,or (L_])as
directed by the pretrial services office or supervising officer; or Ho
((]) Gi) Home Detention. You are restricted to your residence at all times except for employment; education; religious services;
medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other
activities approved in advance by the pretrial services office or supervising officer; or
(E]) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and
court appearances or other activities specifically approved by the court; or
(_]).Civ)..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.

Case 1:22-cr-00251-LJL Document14 Filed 03/02/22 Page5of7

AO 199B (Rev. 12/20) Additional Conditions of Release Page of __—~Pages

ADDITIONAL CONDITIONS OF RELEASE

(LJ) (@) submit to the following location monitoring technology and comply with its requirements as directed:
(LJ) @ Location monitoring technology as directed by the pretrial services or supervising officer; or
(LJ) Gi) Voice Recognition; or
(C1) iii) Radio Frequency; or
(C1) Giv) GPS.

(LI) ©) pay all or part of the cost of iocation monitoring based upon your ability to pay as determined by the pretrial services or supervising
officer.

(L_]) (s) report as soon as possible, to the pretrial services or supervising officer, every contact with law enforcement personnel, including arrests,
questioning, or traffic stops.

(4) ®

$10,000,000 PRB TO BE CO-SIGNED BY 3 FINANCIALLY RESPONSIBLE PERSONS: SECURED BY 4 -
PROPERTIES-SEE BELOW; TRAVEL LIMITED TO SDNY/EDY & DISTRICT OF NEW JERSEY;

_ SURRENDER TRAVEL DOCUMENTS (&.NO NEW.APPLICATIONS);.PRETRIAL SUPERVISION.AS....
DIRECTED BY PTS; DEFT-TO-CONTINUE OR SEEK- EMPLOYMENT; DEFE NOF-TO POSSESS
FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFT TO BE RELEASED ON OWN
SIGNATURE; REMAINING CONDITIONS TO BE MET BY 3/8/2022; PROPERTIES TO SECURE 10
MILLION BOND-- (1) 300 HOPPER CT, FRANKLIN LAKES, NJ; (2) 21 SHINNECOCK TRAIL,

FRANKLIN LAKES; NJ; (3) 100- WEST 57TH STREET; APTS, 9M AND 21C, NY, NY; ALL FIREARMS TO-——
BE SURRENDERED TO LOCAL AUTHORITIES AS DIRECTED BY PTS BY 3/8/2022

Defense Counsel Name: JOSEPH HAYDEN

Defense Counsel Telephone Number: (201) 306-4531/(201) 639-2004

Defense Counsel Email Address: jayden@pashmansioin.com

Case 1:22-cr-00251-LJL Document14 Filed 03/02/22 Page6of/7

AO 199C (Rey. 09/08) Advice of Penalties

ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT: RAFAEL MARTINEZ Case No. 22 MAG 1988
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:

Violating any of the foregoing conditions of release
revocation of your release, an order of detention, a forfeitu
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.¢., 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

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,

may result in the immediate issuance of a warrant for your arrest, a
re of any bond, and a prosecution for contempt of court and could result in

fifteen years ~ you will be fined not

Acknowledgment of the Defendant

T acknowledge that I am the defendant in this case and that [ am aware of the conditions4

se. I promise to obgy-all conditions
of release, to appear as directed, and surrender to serve any sentence imposed. I am aware

Ons set forth above.

Date: _03/01/2022

Defendant's Sie 2p Y MARTINEZ _—_.
DEFENDANT RELEASED

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. Ifstill in custody, the defendant must be produced before
the appropriate judge at the time and place specified.

Date:

Judicial Officer's Signature
Hi Digitally signed by Sagar Ravi
Sagar Ravi  Satysinesbysasarraw
AUSA's Signature SAGAR RAVI

DISTRIBUTION: COURT DEFENDANT PRETRIALSERVICE USS. ATTORNEY U.S. MARSHAL

Case 1:22-cr-00251-LJL

Document 14

Filed 03/02/22 Page 7of7

AO 199C (Rev, 09/08) Advice of Penalties

Scuthermn District cf ew York

The Eronx

Manhattan

Westchester

Reckiand

Dutchess
range
Putnam —
Sullivan

Eastern District of New York

Preckiyn (Kings County)
Cueens (Cucens Ccunty)

Staten Istana [Richmend County}
Leng Island (Sassau & Suffolk)

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