Opinion
22 Mag. 5477
12-16-2022
United States of America v. Louis Koch, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York Frank Balsamello / Jonathan Rebold Assistant United States Attorneys Anthony J. Cariddi, Esq. Attorney for Defendant Louis Koch Defendant Paul Koch Parent and Third-Party Custodian
DAMIAN WILLIAMS United States Attorney for the Southern District of New York
Frank Balsamello / Jonathan Rebold Assistant United States Attorneys
Anthony J. Cariddi, Esq. Attorney for Defendant
Louis Koch Defendant
Paul Koch Parent and Third-Party Custodian
DEFERRED PROSECUTION AGREEMENT
TO: LOUIS KOCH
On July 1, 2022, a criminal complaint was issued by a United States Magistrate Judge in the Southern District of New York, in which you are accused of committing offenses against the United States, to wit, using false information in connection with voting, in violation of 52 U.S.C. § 10307(c), and identity theft, in violation of 18 U.S.C. § 1028. However, after a thorough investigation, the United States Attorney's Office for the Southern District of New York (“this Office”) has determined that the interests of the United States and your own interests will best be served by deferring prosecution in this District
Prosecution will be deferred during the term of your good behavior and satisfactory compliance with the terms of this agreement for the period of three years from the signing of this agreement. The terms and conditions constituting your good behavior and satisfactory compliance are as follows:
(1) You shall continue to abide by the following terms of your bail: [ ]
a. You will be subject to pretrial supervision as directed by the Pretrial Services Office.
b. You are permitted to travel only to the Southern and Eastern Districts of New York and the District of New Jersey, unless otherwise approved by a United States Pretrial Services Officer supervising your case (“your supervising Officer”).
c. You may not obtain or possess any firearms, destructive devices, or other weapons, or reside in any residences in which said items are owned or stored.
d. You must submit to testing for a prohibited substance as directed by your supervising Officer. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. You may not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing.
You agree that, at any time, Pretrial Services and/or your supervising Officer may designate a Pretrial Sen-ices Officer other than your supervising Officer to implement any of the conditions herein; and in the event you are unable to report to or communicate specifically with your supervising Officer, you shall contact the Pretrial Services Office and ask for an officer on duty.
(2) You shall inform your supervising Officer of any change to your place of residence and may reside only in locations pre-approved by your supervising Officer.
(3) You shall refrain from violation of any law (federal, state, and local). You shall immediately contact the your supervising Officer if arrested or questioned by a law-enforcement officer
(4) You shall not access any Board of Elections websites or order any absentee ballot for any election.
(5) You shall not contact, attempt to contact, or otherwise pursue any interaction of any kind with any of the individuals listed in Schedule A-as well as any member of those individuals' immediate families or households-absent prior approval of your Supervising Officer and this Office. As used in this paragraph, “contact” includes anonymous phone calls, calls in which you do not speak, and any kind of voicemail or written messaging communication.
(6) You shall not obtain, compile, or use (or attempt to obtain, compile, or use) any identifying information of any of the individuals listed in Schedule A, or members of their immediate families or households-including but not limited to any such individual's date of birth, address, zip code, phone number, or social security number-for any reason. Moreover, you shall identify to your supervising Officer and/or a law enforcement agent designated by this Office any such information already in your possession (in any format, including physical and electronic), and you shall dispose of or delete any such information unless your supervising Officer or a law enforcement agent can readily verify that the individual(s) at issue consents to your keeping it.
(7) You shall use only computers, cellphones, and other electronic devices on which Pretrial Services has installed monitoring software, and you shall consent to your supervising Officer's monitoring your usage of any computer, phone, or device.
(8) If your supervising Officer, this Office, the Federal Bureau of Investigation, or any other law enforcement office learns that any ballot for any election was sent to any address associated with you (other than ballots requested by and for any people with whom you are living)-or if they have reason to believe that you have contacted, attempted to contact, or otherwise pursued any interaction with any of the individuals listed in Schedule A, or any members of their families or households in violation of paragraph (5), above-or sought to obtain, compiled, or used any personal information of any such individuals in violation of paragraph (6) above- you shall be required to consent to an immediate search of any residences, electronic devices, and online accounts that you used in the preceding six months.
(9) You shall participate in mental health, drug, and/or alcohol treatment, as directed by your supervising Officer. You also hereby consent to any medical or substance abuse treatment provider and/or any government agency disclosing to your supervising Officer and to this Office any medical and treatment records that may be requested by your supendsing Officer and/or this Office to evaluate deferral of prosecution in this case. You further agree that you will make any requests and execute any consent forms that any agency or provider may require to release such information to your supervising Officer and/or this Office.
(10) Your father, Paul Koch, shall act as a third-party custodian and shall be obligated to report to your supervising Officer any violations of this agreement about which he becomes aware.
(11) Subject to modification upon the consent of both this Office and Pretrial Services, Paul Koch also agrees to carry out the following supervisory' tasks, and you agree and consent to his doing so:
a. Visit your residence at least twice each week.
b. Collect your mail from your locked mailbox at least twice each week.
c. Monitor your use of prescription medications by pill count, and report to your mental health care provider at a monthly meeting.
d. Review all of your internet activities at least twice each week.
e. Establish and ensure your participation in therapy sessions at least once a month with your existing mental health provider for at least the first year of this agreement, followed by sessions as directed by your provider thereafter.
f. Provide your supervising Officer with a monthly written progress report from your mental health care provider.
(12) You shall notify your supervising Officer immediately of any change in your place of residence, (13) You shall follow your supervising Officer's instructions and advice.
(14) You shall report to your supervising Officer as directed.
You understand and agree that United States Attorney may at any time revoke or modify any condition of this provisional release or change the period of such supervision, and it may at any time proceed with the prosecution for this offense should the United States Attorney, in his or her sole discretion, deem such action advisable. The United States Attorney may also discharge you from supervision at any time.
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If upon completion of your supervision a written report from your supervising Officer is received to the effect that you have complied with all the rules, regulations and conditions and special conditions applicable to your deferred prosecution, no further prosecution will be instituted in this District for the above offense.
The undersigned hereby consents to the foregoing and expressly waives any and all rights to a speedy trial pursuant to the Sixth Amendment to the United States Constitution, the Speedy Trial Act, 18 U.S.C. §§3161 et seq., and any other pertinent provisions, and consents to the adjournment of all pending proceedings in this case. The undersigned further waives the applicable statute of limitations with respect to any prosecution that is not lime-barred on the date that this agreement is signed. It is the intent of this provision to toll the applicable statute of limitations during the pendency of the deferred prosecution.
Pursuant to 18 U.S.C. §3161(h)(2), exclusion under the Speedy Trial Act of the period of time during which the prosecution of the defendant is deferred pursuant to this agreement is hereby approved.
The undersigned hereby consents to the foregoing and will accept supervision of the above-named defendant on the conditions set forth herein.
Laura Gialanella, United States Pretrial Services Officer