Court filing

Defendant's Motion to Modify Conditions of Supervised Release — United States v. Gregory Scott Keough

No. 9:23-cr-80154-DMM · Doc. 70 · Docket on CourtListener

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Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 1 of 8

Patrick J. Egan (Pro Hac Vice pending)
Ian Comisky
FOX ROTHSCHILD LLP
Two Commerce Square
2001 Market Street, Suite 1700
Philadelphia, PA 10103
pegan@foxrothschild.com
icomisky@foxrothschild.com
Tel: 215.299.2000
Fax: 215.299.2150
Attorneys for Defendant
Gregory Scott Keough

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 9:23-CR-80154-DMM-1

UNITED STATES OF AMERICA,

Plaintiff,

GREGORY SCOTT KEOUGH,

Defendant.
_________________________________

DEFENDANT’S MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE

Defendant Gregory Scott Keough (“Mr. Keough”), by and through undersigned counsel,

respectfully submits this Motion to Modify Conditions of Supervised Release (“Motion”). Keough

seeks to modify his supervised release conditions to (a) become non-reporting and (b) remove the

drug testing requirement, and in support thereof states as follows:

1. Mr. Keough incorporates by reference the Statement of Material Facts and

Memorandum of Law in Support of Motion to Modify Conditions of Supervised Release filed

contemporaneously with this Motion.
Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 2 of 8

2. Courts are empowered to “modify, reduce, or enlarge the conditions of supervised

release, at any time prior to the expiration or termination of the term of supervised release….” 18

U.S.C. § 3583(e)(2).

3. Courts must make an individualized assessment of the defendant’s circumstances

when modifying conditions of supervised release. See United States v. Bell, 915 F.3d 574, 577-78

(8th Cir. 2019).

4. Courts are guided by factors noted in 18 U.S.C. § 3583(e) when evaluating

modifications to supervised release conditions.

5. Pursuant to 18 U.S.C. § 3583(e), Mr. Keough moves the Court to modify the

conditions of his supervised release to cease all reporting to the United States Probation Office.

6. Pursuant to 18 U.S.C. § 3583(e), Mr. Keough moves the Court to modify the

conditions of his supervised release to remove the requirement that he submit to periodic drug

testing.

7. The United States Probation Office has stated regarding the relief sought that they

“typically do not recommend non-reporting supervision as it becomes impossible to enforce any

of the standard and special conditions imposed by the court, however, it may be appropriate in this

case.” See Declaration of Patrick J. Egan, Esq. (“Egan Declaration”) ¶ 3.

8. The United States Attorney’s Office objects to the relief sought in this Motion. See

Egan Decl. ¶ 4.

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Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 3 of 8

Dated: July 1, 2025 FOX ROTHSCHILD LLP

/s/ Patrick J. Egan
Patrick J. Egan (Pro Hac Vice pending)
Ian Comisky
Two Commerce Square, 2001 Market Street
Suite 1700
Philadelphia, PA 19103
Tel: 215.299.2000
Fax: 215.299.2150
pegan@foxrothschild.com
icomisky@foxrothschild.com
Attorneys for Defendant
Gregory Scott Keough

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Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 4 of 8

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 9:23-CR-80154-DMM-1

UNITED STATES OF AMERICA,

Plaintiff,

GREGORY SCOTT KEOUGH,

Defendant.
_________________________________

STATEMENT OF MATERIAL FACTS

Pursuant to Local Rule 88.9, Defendant Gregory Scott Keough (“Mr. Keough”), by and

through undersigned counsel, respectfully submits this Statement of Material Facts in support of

his Motion to Modify Conditions of Supervised Release:

1. Mr. Keough pled guilty in November 2023 to two counts of wire fraud, 18 U.S.C.

§ 1343, and one count of money laundering, 18 U.S.C. 1957(a). See Judgment 1, ECF No. 60.

2. The Court sentenced him to thirty months imprisonment, followed by a three-year

term of supervised release. See Judgment 2-3, ECF No. 60.
Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 5 of 8

3. Mr. Keough voluntarily reported to prison on March 25, 2024. He was released to

a halfway house on May 21, 2025, and currently is under home confinement at a rental property

in Wellington, Florida. Declaration of Gregory Scott Keough (“Keough Declaration”) ¶¶ 3, 5.

4. As part of his sentence, the Court imposed several “mandatory” conditions of

supervised release, among them the requirement that Mr. Keough to “submit to one drug test within

15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined

by the court.” Judgment 3, ECF No. 60.

5. Mr. Keough has never abused alcohol, nor experimented with any illicit drugs. See

Presentence Investigation Report (“PSR”) 19-20 ¶¶ 86-87, ECF No. 50.

6. The Probation Office determined that Mr. Keough “pose[d] a low risk of future

substance abuse.” PSR 27 ¶ 125, ECF No. 50.

7. Mr. Keough has been subjected to three drug tests since his release from prison.

Keough Decl. ¶ 3. All drug tests returned negative results for the presence of illicit drugs. Id.

8. The Court also imposed thirteen “standard” conditions of supervised release. See

Judgment 4, ECF No. 60.

9. Many of the standard conditions require Mr. Keough to report in some way to an

officer with the United States Probation Office:

2. After initially reporting to the probation office, you will receive instructions from
the court or the probation officer about how and when you must report to the
probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are
authorized to reside without first getting permission from the court or the probation
officer.

…

5. You must live at a place approved by the probation officer. If you plan to change
where you live or anything about your living arrangements (such as the people you
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Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 6 of 8

live with), you must notify the probation officer at least 10 days before the change.
If notifying the probation officer in advance is not possible due to unanticipated
circumstances, you must notify the probation officer within 72 hours of becoming
aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or
elsewhere, and you must permit the probation officer to take any items prohibited
by the conditions of your supervision that he or she observes in plain view.

Id.

10. Finally, the Court imposed four “special” conditions of supervised release. See

Judgment 5, ECF No. 60.

11. The special conditions: (1) prohibit Mr. Keough from associating with his partner

in crime, Derek Acree; (2) requires complete financial disclosure to the Probation Office; (3)

subject Mr. Keough to periodic searches of person or property; and (4) require Mr. Keough pay

unpaid fines and restitution. See id.

12. Mr. Keough’s life is not in the United States; Ana, his wife of 30 years, is a citizen

and resident of El Salvador. PSR 18 ¶ 77, ECF No. 50.

13. The couple have five children, all of whom are also El Salvadoran citizens. Id.

14. The family had lived in El Salvador for over two years prior to Mr. Keough’s plea,

and had intended to settle in San Salvador, El Salvador permanently. See Keough Decl. ¶ 7.

15. Individually Mr. Keough has deep and lengthy ties to El Salvador, having originally

arrived there over thirty years ago while serving in the United States Central Intelligence Agency.

See PSR 22 ¶ 98, ECF No. 50.

16. He has lived in El Salvador intermittently for the last ten years as an authorized

legal resident. See Keough Decl. ¶ 6. All told, he considers El Salvador his home. Id. ¶ 14.

17. Prior to his plea Mr. Keough was working full time in El Salvador and had adequate

income to support his family. See PSR 20 ¶ 92, 23 ¶ 99, ECF No. 50. Mr. Keough will be able to
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Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 7 of 8

return to his former work should he be allowed to return to El Salvador. See PSR 23 ¶ 99, ECF No.

50; Keough Decl. ¶ 12.

18. The Keough family has no home and owns no property in the United States. See

Keough Decl. ¶ 8.

19. Mr. Keough’s one daughter was a college student in the U.S. but is now studying

in Spain. Id. ¶ 9. His three brothers reside in the United States but are not local to Florida. See PSR

17 ¶ 75, ECF No. 50.

20. Mr. Keough’s family struggles without him in El Salvador. His two youngest

children are special needs—one has ADD and Dyslexia, and the youngest child has sensory

processing disorder, ADHD and is currently undergoing psychiatric and phycological treatment.

See PSR 18 ¶ 77, ECF No. 50.

21. In addition, Ana Keough’s elderly father passed away unexpectedly. See Keough

Decl. ¶ 10. As a result, she and Mr. Keough are now the primary care givers for Ana’s mother, who

is also a citizen of El Salvador. Id.

22. The Keough family is currently getting by, but they need Mr. Keough in El Salvador

for emotional and financial support. See id. ¶ 11. Mr. Keough also needs his family to ease his

transition back into civilian life. Id.

23. Undersigned counsel contacted Scott T. Kirsche, Supervising United States

Probation Officer in this matter to seek the position of his office on this Motion. Mr. Kirsche

advised that the Probation Office “typically do not recommend non-reporting supervision as it

becomes impossible to enforce any of the standard and special conditions imposed by the court,

however, it may be appropriate in this case.” See Declaration of Patrick J. Egan, Esq. (“Egan

Declaration”) ¶ 3.

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Case 9:23-cr-80154-DMM Document 70 Entered on FLSD Docket 07/01/2025 Page 8 of 8

24. Undersigned counsel has been advised by Assistant United States Attorney, Katie

Sadlo, that the government objects to the relief requested in this motion. Id. ¶ 4.

Dated: July 1, 2025 FOX ROTHSCHILD LLP

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