Opinion
Docket Number: 02-00337-001 PACTS Number: 32599
10-04-2012
USA v. Rene Abreu
Assistant U.S. Attorney: Deborah Goldklang & Matthew A. Boxer Defense Attorney: Gerald Krovatin, Esq. (Retained) Krovatin & Associates, LLC
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: Honorable Joseph A. Greenaway, Jr., USDJ - Designate Date of Sentence: 06/2S/2005 Original Offenses: Conspiracy to Commit Mail Fraud (2 Counts), 18 U.S.C. §371; Mail Fraud (7 Counts), 18 U.S.C. §1341 &2; Check Kiting Conspiracy, 18 U.S.C. §371; Conspiracy to Structure Currency Transactions, 18 U.S.C. §371; Structuring Currency Transactions (9 Counts), 31 U.S.C. §5324(a)(3) & 5324 (d)(1) & 18 U.S.C. §2 Original Sentence: 87 months imprisonment; 3 years supervised release; $1,700 special assessment, $200,000 fine, $499,562.40 in restitution. Type of Supervision: Supervised Release Date Supervision Commenced: 04/20/12 Assistant U.S. Attorney: Deborah Goldklang & Matthew A. Boxer, 970 Broad Street, Room 502, Newark, New Jersey 07102 (973) 645-2700 Defense Attorney: Gerald Krovatin, Esq. (Retained) Krovatin & Associates, LLC 744 Broad Street, Suite 1903, Newark, New Jersey 07102 (973) 424-9777
PETITIONING THE COURT
[ ] To issue a warrant [X] To issue a summons The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states ¦ ¦ ¦'You shall not commit another federal, state, or local crime." ¦ ¦ ¦ ¦ ¦ ¦On September 3, 2012, Abreu was arrested by the Hoboken Police ¦ ¦ ¦Department for simple assault. The alleged criminal conduct ¦ ¦ ¦involved Abreu and another male restraining Abreu's daughter while ¦ ¦1 ¦the offender slapped her several times in the face, causing a ¦ ¦ ¦bloody nose. This charge is pending in the Hoboken Municipal Court.¦ ¦ ¦The offender's next court appearance is scheduled for October 18, ¦ ¦ ¦2012. ¦ ¦ ¦ ¦ ¦ ¦The Probation Office has determined this conduct constitutes a ¦ ¦ ¦Grade C violation. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦The offender violated the law, specifically Title 18 U.S.C. §1001, by his ¦ ¦ ¦ ¦ ¦ ¦materially false, fictitious, or fraudulent statements on monthly ¦ ¦ ¦supervision ¦ ¦ ¦ ¦ ¦ ¦reports submitted to the U.S. Probation Office as evidenced by the ¦ ¦ ¦following: ¦ ¦ ¦ ¦ ¦ ¦The offender made a materially false, fictitious, or a fraudulent statement¦ ¦2¦on his ¦ ¦ ¦ ¦ ¦ ¦monthly supervision report for the month of September 2012, indicating he ¦ ¦ ¦had ¦ ¦ ¦ ¦ ¦ ¦contact with Hoboken Police Department on September 3, 2012, because he ¦ ¦ ¦"fell ¦ ¦ ¦ ¦ ¦ ¦and taken to hospital by police." Additionally, the offender responded "No"¦ ¦ ¦on ¦ ¦ ¦ ¦ ¦ ¦the form when he was asked if he was arrested or named as a defendant. ¦ ¦ ¦ ¦ ¦ ¦The Probation Office has determined this conduct constitutes a Grade ¦ ¦ ¦B violation. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states 'You shall¦ ¦ ¦ ¦ ¦ ¦report to the probation officer as directed by the Court or probation ¦ ¦ ¦officer, ¦ ¦ ¦ ¦ ¦ ¦and shall submit a truthful and complete written report within the first ¦ ¦ ¦five ¦ ¦ ¦ ¦ ¦ ¦days of each month.' ¦ ¦ ¦ ¦ ¦ ¦On September 4, 2012, Abreu submitted a falsified Monthly Supervision ¦ ¦3¦Report ¦ ¦ ¦ ¦ ¦ ¦for September 2012, indicating that he had contact with Hoboken Police ¦ ¦ ¦ ¦ ¦ ¦Department on September 3, 2012, because he "fell and taken to hospital by ¦ ¦ ¦ ¦ ¦ ¦police." Additionally, the offender responded "No" on the form when he was ¦ ¦ ¦ ¦ ¦ ¦asked if he was arrested or named as a defendant. ¦ ¦ ¦ ¦ ¦ ¦The Probation Office has determined this conduct constitutes a Grade C ¦ ¦ ¦ ¦ ¦ ¦violation. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states ¦ ¦ ¦'The defendant ¦ ¦ ¦ ¦ ¦ ¦shall answer truthfully all inquires by the probation officer and ¦ ¦ ¦follow the ¦ ¦ ¦ ¦ ¦ ¦instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦On August 1, 2012, the offender, through his attorney Mr. Krovatin, was ¦ ¦ ¦directed ¦ ¦ ¦ ¦ ¦ ¦to provide probation with a letteroutlining his duties and responsibilities¦ ¦4¦at work. ¦ ¦ ¦ ¦ ¦ ¦This letter was requested to ensure the offender's compliance with his ¦ ¦ ¦special ¦ ¦ ¦ ¦ ¦ ¦condition that he refrain from employment in the real estate business or ¦ ¦ ¦mortgage ¦ ¦ ¦ ¦ ¦ ¦industry. To date, this information has not been received by the probation ¦ ¦ ¦department. ¦ ¦ ¦ ¦ ¦ ¦The Probation Office has determined this conduct constitutes a Grade C ¦ ¦ ¦violation. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦¦The offender has violated the supervision condition which states 'The ¦ ¦¦defendant shall notify the probation officer within 72 hours of being ¦ ¦¦arrested or questioned by a law enforcement officer.' ¦ ¦¦ ¦ ¦¦The offender failed to notify probation that he was arrested for simple ¦ ¦¦assault by the Hoboken Police Department. Abreu did not acknowledge he was ¦ ¦¦arrested until questioned by probation on September 17, 2012. ¦ ¦¦ ¦ ¦¦The Probation Office has determined this conduct constitutes a Grade C ¦ ¦¦violation. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By kevln P. Egli
U.S. Probation Officer
THE COURT ORDERS: [ ] The Issuance of a Warrant
[×] The Issuance of a Summons. Date of Hearing:
[ ] No Action
[ ] Other