Violation Report and Petition to Modify Conditions of Supervision — Bern Benoit — Doc. 1198

Full text

    Case 1:20-cr-00296-JPB-CMS              Document 1198         Filed 10/03/25       Page 1 of 3

ND/GA PRO B 12B
(Rev. 1/2 1)
                                                                                       FILED IN CLERK'S OFFICE
                        UNITED STATES DISTRICT COU                                         U.S.D.C . . Atlanta



                                                   ror                                  OCT O3 2025
                       NORTHERN DISTRICT OF GEOR                                A


             Violation Report and Petition to Modify Conditions of Supervision
                               with Consent of the Offender
                            (Probation Form 49, Waiver of Hearing Attached)


Name of
                    Bern Benoit                                         Docket No:     1 :20-CR-00296-JPB
Offender:
Judicial Officer:   Honorable J.P. Boulee
                    U.S . District Judge
Date of Original
                      09/08/2021
Sentence:
Original Offense: Conspiracy to Commit Bank Fraud and Wire Fraud, 18 U.S.C. § 1349


Original Sentence: Mr. Benoit was sentenced to 27 months incarceration followed by five (5) years of
                   supervised release. Special conditions of release include you must provide full
                   financial disclosure and submit to an audit of your financial documents; you must
                   not incur new credit charges or open additional lines of credit; you must
                   participate in a mental health treatment program; you must take all mental health
                   medication prescribed by your treating provider; refrain from excessive use of
                   alcohol; search conditions; you must permit confiscation and/or disposal of any
                   contraband; you must pay restitution in the amount of $1 ,105 ,217 to be paid in
                   monthly installments of $250.00; and a $100 special assessment.
Type of Supervision: Supervised Release          Date Supervision Commenced: 09/07/2023


RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS:

    1. Violation of Mandatory Condition- Commission of Another Federal, State, or Local
        Crime:

        On August 26, 2025 , Mr. Benoit was arrested by the Burbank Police Department and charged
        with Domestic Battery Upon Spouse. According to the arrest report, on August 25 , 2025, Mr.
        Benoit called the police after his girlfriend refused to leave his residence. When the officer
        spoke to Mr. Benoit, he stated that his girlfriend, who was visiting from Houston, Texas, came
        to visit him for a week. A few days before the arrest, the two of them became involved in a
        verbal argument, which resulted in his girlfriend taking his phone and leaving. He stated that
        once she came back to the residence, the door was locked causing her to attempt to kick down
        the door causing visible damage. On the night of the arrest, Mr. Benoit stated to the police that
        he woke up in the middle of the night to the smell of marijuana on the second floor of his
     Case 1:20-cr-00296-JPB-CMS              Document 1198         Filed 10/03/25       Page 2 of 3

Benoit, Bern
Page 2
Docket No. : I :20-CR-296-JPB



         residence. He confronted his girlfriend about her smoking marijuana in the residence. In
         response, he asked her to leave, but she refused. As such, he called the police. Mr. Benoit
         denied ever having a physical altercation with his girlfriend .

         When the officer spoke to Mr. Benoit' s girlfriend, she stated that on the evening of August 25,
         2025 , she left the residence to purchase a bottle of Tequila per Mr. Benoit' s request. However,
         when she returned, he became upset with her because she took too long to obtain the alcohol
         for him . As such, she went to the second floor of the apartment to create some distance. Later
         in the night, after she used marijuana, Mr. Benoit confronted her about smoking marijuana in
         the residence. He then went up the stairs to damage her property, and she followed him. When
         she attempted to reach for her belongings, she reported he punched her in the ribs with a closed
         fist. The officer, who was questioning Mr. Benoit's girlfriend, did not observe any bruising or
         markings on her.

         On September 16, 2025 , Mr. Benoit appeared in the Los Angeles County Superior Court. He
         was advised that no charges were filed, and the case was dismissed.

    2. Violation of Mandatory Condition -Unlawful Use of a Controlled Substance:

         On August 27, 2025, Mr. Benoit submitted a urine specimen, with positive results for cocaine.
         On September 5, 2025, Mr. Benoit was confronted with the positive drug test results. Mr.
         Benoit admitted to using cocaine on the night of his arrest, stating that he was very stressed but
         was ultimately disappointed in himself. It should be noted that Mr. Benoit submitted another
         urine specimen on September 8, 2025 , with negative results for all illegal substances.

PREVIOUS VIOLATION(S) REPORTED TO THE COURT:

On March 7, 2024, a violation report was submitted to the Court to address Mr. Benoit' s failure to
make court ordered restitution payments. Mr. Benoit was re-instructed by his probation officer in the
Central District of California to make restitution payments. No formal Court action was
recommended.

On May 22, 2025 , a violation report was submitted to the Court to advise that Mr. Benoit had left the
United States of America without permission and traveled to Colombia. Mr. Benoit was presented
with a Waiver of Hearing to Modify Conditions of Supervised Release to include a condition that he
participate in a home detention program for a period of 90 days, which he is due to complete on
October 4, 2025.

PETITIONING THE COURT TO:

To modify the conditions of supervision as follows:

The offender shall participate in an outpatient substance abuse treatment and counseling program that
includes urinalysis, breath or sweat patch testing, as directed by the Probation Officer. The offender
shall abstain from using alcohol and illicit drugs, and from abusing prescription medications during
the period of supervision.
    Case 1:20-cr-00296-JPB-CMS             Document 1198          Filed 10/03/25      Page 3 of 3

Benoii, Bem
Page 3
Docket No.: l :20-CR-296-JPB



As directed by the Probation Officer, the offender shall pay all or part of the costs of the Court-
ordered treatment to the aftercare contractors during the period of community supervision. The
offender shall provide payment and proof of payment as directed by the Probation Officer. If the
offender has no ability to pay, no payment shall be required.

The offender shall refrain from any unlawful use of a controlled substance. The offender shall submit
to one drng test within 15 days of release on supervised release and at least two periodic drug tests
thereafter, not to exceed six tests per month, as directed by the Probation Officer.
Respectfully submitted,



~ C & ~ 9,/2-v202../;--=-J-N-__,_l(
                           JJAl)  _;_____10_121_20_2s_
Shekevia C. H a w k i n s D a t e                   M~n                                         Date
Senior United States Probation Officer               Supe1visory U.S. Probation Officer



THE COURT ORDERS:
aa The modifications of conditions as noted above
D No Action
D Other




J~ C
   UZ0-
United States District Judge


             10-2-2025
               Date


File and source

File

gov.uscourts.gand.279866.1198.0.pdf

Size

253,854 bytes

SHA-256

51f08629951ba6509b40dc19e34a4522a0e365403666bb501b69ded372be17db

Our copy

gov.uscourts.gand.279866.1198.0.pdf

Original

No public link identified.