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Home Court filings United States v. Derek James Acree — U.S. District Court, S.D. Fla. Notice of Expert Forensic Reports — United States v. Derek James Acree (S.D. Fla.)

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Notice of Expert Forensic Reports — United States v. Derek James Acree (S.D. Fla.)

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Derek James Acree's Notice of Filing Expert Forensic Reports in United States of America v. Derek James Acree, Case No. 22-80157-CR-SINGHAL in the U.S. District Court for the Southern District of Florida, was entered on the docket December 28, 2022 as Document 21 and attaches reports of Neville S. Marks, M.D., a forensic psychiatrist, and Stanley M. McKnight, a board certified addiction specialist. The December 21, 2022 Marks report describes treatment for depression, anxiety and alcohol dependence and recommends the Bureau of Prisons residential drug and alcohol program if Mr. Acree is imprisoned, and the McKnight report states that Mr. Acree completed the La Paz Palm Beach Mentor/Monitor Program on December 16, 2022.

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Filed December 28, 2022 in U.S. v. Acree; one of 25 filings from this case.

Record facts

CourtU.S. District Court, Southern District of Florida
Filed2022-12-28

Cite this document

“Notice of Expert Forensic Reports — United States v. Derek James Acree (S.D. Fla.).” U.S. District Court, Southern District of Florida, No. 9:22-cr-80157-AHS, Doc. 21, filed 2022-12-28. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-acree/2022-12-28-expert-reports/, SHA-256 b58a56b6e7515db837fe394f4576f8faf99a876563c049d6bc728b857e37e6ef.

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Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 1 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 22-80157-CR-SINGHAL
UNITED STATES OF AMERICA,
Plaintiff,
vs.

DEREK JAMES ACREE,
Defendant.

NOTICE OF FILING EXPERT FORENSIC REPORTS

NOTICE IS HEREBY GIVEN that Defendant, DEREK JAMES
ACREE, by and through his undersigned attorney, hereby files Expert reports,
which are attached hereto as Exhibits.

Expert reports of Neville S. Marks, M.D., and Stanley M. McKnight, Board
Certified Addiction Specialist

Respectfully submitted,

/s/ Christopher Haddad
CHRISTOPHER HADDAD, ESQ.
Florida Bar No. 879592

Attorney for Derek James Acree
319 Clematis Street, Ste. 812
West Palm Beach, FL 33405
Telephone: 561-832-1162
chris@chrishaddad.com

CERTIFICATE OF SERVICE
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 2 of 8
I HEREBY CERTIFY that on December 28, 2022, I electronically filed the
foregoing document with the Clerk of Court using CM/ECF.

Respectfully submitted,

/s! Christopher Haddad
CHRISTOPHER HADDAD, ESQ.
Florida Bar No. 879592

Attorney for Darrin Christopher Wallace
319 Clematis Street, Ste. 812

West Palm Beach, FL 33405
Telephone: 561-832-1162
chris@chrishaddad.com
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 3 of 8
NEVILLE 8S. MARKS, M.D.

General Psychiatry ©
Board Certified Forensic Psychiatrist
Life Fellow of American Psychiatric Association
Emeritus Life Fellow of the Royal College of Psychiatrists (England)

125 Worth Avenue, Suite 302 Telephone (561) 655-3666
Palm Beach, Florida 33480 Fax (561) 832-4816

December 21, 2022

Re: Mr. Derek Acree
D.O.B. May 5, 1975

The above patient was first seen at my office on August 29, 2022, He presented as an
urgent patient due to signs and symptoms of an Agitated Depressive illness and a serious
chemical dependency on Alcohol. His Acute Depression plus Anxiety was secondary to his
being charged with a felony concerning fraudulent government loans. In addition, he had to
declare bankruptcy (Chapter 7). The Depression and Anxiety were severe to the point of having
suicidal thoughts. He did not act on his suicidal ideation because he realized how his suicide

would impact his only child, an 11-year-old son.

His severe drinking problem, which worsened during the Covid shutdown, was a daily
occurrence, He had no insight into his chemical dependency on alcohol, despite both of his
parents being alcoholics. His mother apparently died from the effects of her chronic alcoholism.
His parents were divorced. His father was a special agent with the FBI, who physically abused
Derek Acree till he was old enough to stand up to his father. There is also a history of sexual

abuse by members of his family.
Despite his traumatic childhood, he graduated ftom the University of Miami, and is a

licensed lawyer ...../2
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 4 of 8
Mr. Derek Acree ~2- December 21, 2022

licensed lawyer, though he expects to lose his license due to now being designated as a Felon,
He is now unemployed. His recent employmient history involved business companies; both
having failed. The last one due to the fraudulent government loans. He is now bankrupt and

fears the loss of his home, despite it being homesteaded, due to his debts,

He was an avid sportsman till a serious injury curtailed his soccer career. He now spends
much of his time coaching his son and attending his son’s soccer matches. He is most concerned
about his son’s welfare (and his wife’s welfare) if he is incarcerated in prison for any length of

time. He is extremely remorseful for his actions; obsessing daily about the guilt he feels.

He is a regular church goer, and a religious person, as is his wife. For exercise, to keep

fit, he walks three miles per day on his own, Generally, he prefers to be on his own.

Since being in therapy with me, he has been taking Antidepressant medication and
tranquilizers on a regular basis as per my prescriptions, He is also taking Antabuse, under visual
supervision by Mr. Stanley McKnight, an addiction counsellor, who is counselling Mr. Acree on
a regular basis. (Antabuse is a daily medication that prevents a patient from drinking any
alcohol, because the interaction of Alcohol plus the Antabuse causes a strong unpleasant effect
physiologically in the body). Mr. Acree has not imbibed any alcohol since starting Antabuse in
August 2022. He is also attending daily AA meeting. He has gained insight and overcome any
denial about his chemical dependency on alcohol. He realizes that he probably inherited his
alcoholism from his parents, whilst taking full responsibility for starting drinking alcohol at the

age of 16 years and drinking excessively for many years.

He is ...../3
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 5 of 8
Mr. Derek Acree -3- December 21, 2022

He is also receiving therapy from Ms. Sarah Gentry, a psychotherapist. He is seeing his

probation officer weekly,

Psychotherapy with Mr. Acree has included, in addition treating his mood disorder and
alcoholism, focus on the traumatic effects of his Father’s physical abuse of him as an
authoritarian figure. The senior partner at his last company also represented an authoritarian
figure, who threatened to sack Mr. Acree if he did not follow his orders: Including signing
fraudulent government loan applications. Apparently later blaming Mr. Acree for signing these

documents. Mr. Acree pleaded guilty to the charges against him.

He completed a Millon Clinical Inventory, which is. a psychometric test, measuring
clinical signs and symptoms and personality traits and personality pathology. He completed this
at the height of his distress when first seen prior to medication, and when he had been drinking

alcohol the day before.

Validating the results, allowing for the extreme response to his legal problems, showed
he had a poor self-image, tended to avoid people, dependent on others, mistrusting, with chronic
anxiety and severe depression, alcohol dependence with physical sequelae. It showed he was
preoccupied with his health; difficulties interpersonally; emotional dyscontrol; preoccupied with

his childhood abuse; and demonstrating self-destructive potential.

‘He presented as a 47-year-old man, with a slim physique. He was dressed casually but
smartly. There was good eye contact, with no specific mannerisms. He spoke rapidly with no

abnormality. His mood was anxious and depressed, His affect was flat but intense. His thought

processes were ...../4
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 6 of 8
Mr. Derek Acree -4- December 21, 2022

processes were within normal limits, as were the thought contents. He denied suicidal or
homicidal ideation. His perceptions showed no illusions nor hallucinations. He was fully
conscious, orientated, with no apparent difficulty concentrating and his memory was intact. He
showed a superior fund of knowledge. His judgment and insight into his alcoholism was poor.
He was cooperative during the initial interview and subsequent psychotherapy and taking the

medication prescribed for him.

He has responded well to the psychotropic medication, and the tranquilizers have been
minimalized. He should remain on the antidepressant medication and the Antabuse for the
foreseeable future: His prognosis is good, especially because of his motivation; gain in insight:
overcoming any denial of his alcoholism; his extreme remorse for his actions; concerns for his

family; and his high intelligence.

To supplement his recovery, if he is imprisoned, I would strongly recommend that he

partakes in the Bureau of Prisons residential drug and alcohol programme.

Respectfully Submitted,
Om ten
News 2

Professor Neville S. Marks M.D.
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 7 of 8
Completion Report of La Paz Palm Beach Mentor/Monitor Program

Client: Derek Acree

DOB: 5/05/1975

Address: 13058 Flamingo Terrace
Palm Beach Gardens, Fl 33410

Derek Acree began the La Paz Palm Beach Mentor/Monitor Program on
September 6, 2022. He successfully completed this program on December 16,

This program requires that the client send to Stanley McKnight

a daily video, showing the taking of a medication called Disulfram (Antabuse). This
medication has no side effects unless the person taking it ingests ETOH into the
body. ETOH side effects with Antabuse include severe nausea, vomiting, diarrhea,
increased heart beat and skin rashes. Knowing that these side effects occur if alcohol
(ETOH) is consumed by the user is termed AVERSION THERAPY. This therapy has
been used to treat alcohol use disorder since 1952 in the United States,

In addition to submitting a video, verifying that the medication is being taken daily,
the client must attend a minimum of 3 Support Group meetings such as Alcoholics
Anonymous or another spiritual program. Mr. Acree was also required to see me
once weekly for four months. During these therapeutic sessions, Mr. Acree was
given an education on the disease of Alcohol Use Disorder (AUD) and the recovery
process of the Twelve Steps of Alcoholics Anonymous.

Mr. Acree agreed to begin this program on September 6, 2022 as a result of his
severe alcohol use disorder, which became chronic stage during the 2021 Covid 19
pandemic. During this time Mr. Acree stated that he was intoxicated almost daily
and was making poor decisions, resulting in severe physical, mental and emotional
consequences. Mr. Acree was also being seen by Forensic Addiction Psychiatrist Dr.
Neville Marks for his ETOH addiction.

Mr. Acree stated that the most severe consequence of his disease was his pending
incarceration for federal crimes, which he had pleaded guilty. Mr. Acree stated that
he was very remorseful and felt shame for his actions and really wanted to correct
his alcoholic behavior. During the four month period of the program, Mr. Acree was
totally compliant with his videos and attending his meetings and therapy sessions.

During our therapy sessions, I mentioned to Mr. Acree that the Federal Prison
System has a recovery program called Residential Drug and Alcohol Program
{RDAP). Ihave worked with previous clients, who benefited greatly from this
Case 9:22-cr-80157-AHS   Document 21   Entered on FLSD Docket 12/28/2022   Page 8 of 8
program and are still clean and sober today. We researched to see if the RDAP
program was still available, as it was discontinued during Covid 19. Our findings
were that RDAP was back up and running and available at certain Federal Prisons.
Mr. Acree stated that he had never been in an alcohol and drug rehabilitation
program and that he would benefit greatly by such a program. Mr. Acree’s personal
background and his biopic of his childhood were discussed with both me and Dr,
Marks. Mr. Acree stated that both his mother and father were alcoholics and that he
had been around heavy drinking all of his life but had no idea how serious and
debilitating the disease of AUD could be.

Mr. Acree lives with his wife and 12 year old son. Mr. Acree has been involved with
his son ona daily basis, teaching him soccer and taking him to matches. He stated
that he wants to continue to be clean and sober and watch his son become a soccer
star athlete.

RECOMMENDATION

It is recommended that Mr. Acree continue to take Disulfram (Antabuse) and attend
AA meetings until such time that he is incarcerated.

I strongly recommend that Mr. Acree be given serious consideration to acceptance
into the Federal Prison’s RDAP program. He has been given a strong primer
education into the effects of AUD and would benefit greatly by continuing this
wonderful program.

Stanley M. McKnight

Board Certified Addiction Specialist

Fla Certification # 2101-A

Executive Director

La Paz Palm Beach/Behavioral Health Advisors
219 Wildermere Rd.

West Palm Beach, F133401
www.Lalpazpalmbeach.com
Stan@lapazpalmbeach.com


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