Declaration — No. 1:22-cr-00042 (Dkt. 61, W.D.N.Y.)

Summary

A supplemental declaration by Rodney O. Personius of Personius Melber LLP, retained counsel for defendant Roberto Soliman, filed in the U.S. District Court for the Western District of New York in United States v. John L. Hutchins and Roberto Soliman, Case 1:22-cr-00042, captioned 22-CR-42-JLS-JJM, as Document 61 of 26 pages. Personius states that a motion for permission to travel was filed for Soliman at Doc. No. 59 on September 21, 2023, covering September 22 through September 25, 2023 for a visit to northern Virginia and Washington DC described as pleasure, that Soliman has made several similar requests, each without opposition from his supervising Probation Officer and each granted, and that this time the Court issued a Text Order citing the frequency of trips, the proposed solo travel for pleasure and the lack of plans. The remaining pages are exhibits.

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“Declaration — No. 1:22-cr-00042 (Dkt. 61, W.D.N.Y.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/declaration-no-1-22-cr-00042-dkt-61-w-d-n-y-3793b2c7bc/, SHA-256 d6f3d836bb1c81a47a36f188525b40650a6d5117912f566d1423cefe1621319b.

Full text

Case 1:22-cr-00042-JLS-JJM Document 61 Filed 09/21/23 Page 1 of 26

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________

UNITED STATES OF AMERICA
SUPPLEMENTAL
DECLARATION
Plaintiff,
Cri. No. 22-CR-42-JLS-JJM
v.

JOHN L. HUTCHINS & ROBERTO SOLIMAN

Defendants.
___________________________________

RODNEY O. PERSONIUS declares the truth of the following under the penalty of perjury:

1. I am a member of Personius Melber LLP, and am acting as retained counsel for

defendant Roberto Soliman.

2. A motion for permission to travel was filed on behalf of Mr. Soliman at Doc. No.

59 on September 21, 2023.

3. The proposed travel covers the time period September 22 through September 25,

2023, and consists of visiting northern Virginia and Washington DC for what is described in the

application as "pleasure."

4. In the past, Mr. Soliman has on several occasions requested permission to travel to

the same vicinity for the same purpose.

5. On each occasion, as is also true in this instance, his supervising Probation Officer

has had no opposition to the proposed travel.

6. On each prior occasion, the request was granted.

7. In this instance, the Court has issued a Text Order (Doc. No. 59) which states as

follows: "Given the frequency of trips, the proposed solo travel for pleasure, and the lack of plans
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to meet with others, the Court needs more information and the purpose of this (and any

future) trip." A copy of this Text Order is annexed as Exhibit A.

8. Mr. Soliman was born and raised in Egypt, and is steeped in both

Mediterranean culture and cuisine.

9. While he has family, including a wife and children, they do not presently

reside in the United States.

10. He lives alone in Niagara Falls, NY, and works.

11. For all intents and purposes, he does not have a social life.

12. From time to time, with permission of the Court, he travels alone to northern

Virginia and Washington DC for the primary purpose of going to restaurants in that area

that offer Mediterranean cuisine and music.

13. Prior to being arrested, he frequented similar Mediterranean restaurants

located in Mississauga, Ontario, Canada.

14. Since his arrest, the conditions of his release prevent him from crossing the

border.

15. He has identified northern Virginia as having several Mediterranean

restaurants similar to the ones he used to visit in Mississauga.

16. Annexed as Exhibits B through Exhibit F are excerpts from websites for

five Mediterranean restaurants located in northern Virginia that the defendant has

patronized.

17. In particular, Exhibit B is an excerpt from the website for the Martini

Lounge located in Falls Church, VA; Exhibit C is an excerpt from the website for the

Zikrayet Restaurant located in Alexandria, VA; Exhibit D is an excerpt from the website
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for the Cloud Lounge located in Arlington, VA; Exhibit E is an excerpt from the website for the

Phoenicia Restaurant & Lounge located in Vienna, VA; and, Exhibit F is an excerpt from the

website for the Sahara Restaurant Lounge located in Sterling, VA.

18. In each instance, the provided website excerpt reflects that the restaurant’s cuisine

is Mediterranean in style, and that live music is offered.

19. Neither this cuisine nor type of music is available in western New York.

20. The cultural opportunities and large variety of museums available in Washington

DC is the secondary reason he chooses to travel to this area of the country.

21. It is solely for these reasons that, whenever he has the opportunity, Mr. Soliman

chooses to travel alone to northern Virginia and the Washington DC area.

22. Upon information and belief, since his arrest, Mr. Soliman has been compliant with

all conditions of his pretrial release, including during periods when he has been allowed to travel

outside the district.

WHEREFORE, the defense reiterates its request that the Court permit the proposed travel on the

part of Mr. Soliman to northern Virginia and Washington DC over the period September 22

through September 25, 2023.

Dated: Buffalo, New York
September 21, 2023

/s/ Rodney O. Personius
Rodney O. Personius
PERSONIUS MELBER LLP
Attorneys for Defendant
ROBERTO SOLIMAN
2100 Main Place Tower
Buffalo, NY 14202
Case 1:22-cr-00042-JLS-JJM Document 61 Filed 09/21/23 Page 4 of 26

(716) 855-1050
rop@personiusmelber.com

TO: AUSA Paul Bonnano
United States Attorney’s Office
Western District of New York
Buffalo, New York 14202

USPO Andre McCray
United States Probation Office
2 Niagara Square
Buffalo, New York 14202

Paul Cambria, Esq.
Justin Ginter, Esq
Lipsitz Green Scime Cambria LLP
42 Delaware Ave. #120
Buffalo, New York 14202
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