PROEE I3 tRev it'll-EH} Case 2:12-cr-00517-ER Document 3 Filed 12/20/12 Page 1 of 5 United States District Court for the Eastern District of December 20, 2012 USA. vs. Jonathan Riches Case No. VIOLATION OF SUPERVISED RELEASE COMES NOW Carlos Montgomerv U. S. PROBATION OFFICER OF THE COURT presenting an of?cial report upon the conduct and attitude of Jonathan Lee Riches who was placed on Supervised release by The Honorable Melinda Harmon sitting in the Court at Houston on the day of June 2004 who ?xed the period of supervision at ?ve years, and imposed the general terms and conditions theretotbre adopted by the Court and also imposed special conditions and terms as follows: DEF ORIGINAL OFFENSE: Conspiracy to commit wire fraud (Count Is) and Wire fragc?m 2 0 201?? aiding and abetting (Count 35). {bald??3 049' -.. a ff a ucl? 01'; If; SENTENCE: The defendant was sentenced to the custody of the United States Bureau of Prisons for a term of 125 months consisting of60 months on Count Is and 125 months on Count 33 to be served concurrently for a total term of 125 months imprisonment. SPECIAL CONDITIONS: 1) The defendant shall participate in a program, inpatient or outpatient. for the treatment of drug andz?or alcohol addiction, dependency or abuse which may include, but not be limited to mine, breath, saliva and skin testing to determine whether the defendant has reverted to the use of drugs andfor alcohol. Further, the defendant shall participate as instructed and as deemed necessary by the probation officer and shall comply with all rules and regulations of the treatment agency until discharged by Program Director with the approval of the probation officer. The defendant shall ?rrther submit to drug-detection techniques in addition to those performed by the treatment agency as directed by the probation of?cer. The defendant will incur the cost associated with such drug/alcohol detection and treatment based on ability to pay as determined by the probation officer; 2) The defendant is required to participate in a mental health program as deemed necessary and approved by the probation of?cer. The defendant will incur the costs associated with such a program based on ability to pay as determined by the probation of?cer; 3) The defendant shall pay restitution in the amount of $92,680.00 at a rate of $200.00 per month to commence 60 days after release from Case 2:12-cr-00517-ER Document 3 Filed 12/20/12 Page 2 of 5 RE: Riches, Jonathan Lee Case No. imprisonment; and 4) The defendant shall a special assessment of $200.00 due immediately. TRANSFER OF JURISDICTION: On September 25, 2012, jurisdiction in this case was transferred from the Southern District of Texas to the Eastern District of and assigned to The Honorable Eduardo C. Robreno. DATE SUPERVISION COMMENCED: April 30, 2012 The above probation officer has reason to believe that the supervised releasee has violated the terms and conditions of his supervision under such circumstances as may warrant revocation. These conditions are: A. Standard Condition The defendant shall not leave the judicial district without permission of the Court or probation of?cer. On December 18, 2012, this of?cer received information from Detective Dave Mower, of the West Goshen Township Police Department, informing that Mr. Riches was in Newton, Connecticut, at the scene of the Sandy Hook Elementary School shootings. Upon inspection of Mr. Riches ?You Tube? videos, this writer observed Mr. Riches in a self-made video, driving to the home of the alleged gunman, Adam Lanza. Mr. Riches did not have permission from this officer to travel to Newtown, Connecticut. Mr. Riches is also on probation with the Chester County Adult Probation of?ce in West Chester, This of?cer spoke to Probation Of?cer John Morton on December 18, 2012. At that time, he informed this of?cer that he did not grant Mr. Riches permission to travel to Newton, Connecticut. Mr. Riches is currently in custody at the Chester County Prison in West Chester, on related matters. GRADE 0F VIOLATION B. Special Condition The defendant shall pay restitution in the amount of $92,680.00 in installments of $200.00 to commence 60 days after release from imprisonment to a term of supervision. Mr. Riches commenced supervision on April 30, 2012. Since his release, Mr. Riches has failed to meet the Court ordered restitution payment of $200.00 for the months Case 2:12-cr-00517-ER Document 3 Filed 12/20/12 Page 3 of 5 RE: Riches. Jonathan Lee Case No. of June, July, August, September, October, November and December of 2012. In total, Mr. Riches has managed to pay $80.00, placing his account at $1,320.00 in arrears. GRADE OF VIOLATION PRA YING THAT THE COURT WILL THE ISSUANCE OF A WARRANT TO BE LODGED AS A DETAINER, FOR THE NAMED SUPERVISED RELEASEE TO BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A REVOCATION HEARING I declare under penalty of perjury that the foregoing is true and correct. Reapectfully, are Char . Donahue, Jr. Supervising U.S. Probation Of?cer Place Reading, PA Date December 20. 2012 CM/arn cc: Assistant US. Attorney Defense Attorney US. Marshal?s - Warrant Squad ORDER OF THE COURT 31 - .. Considered and ordered this day of 2a 20llad ordered g/Z ?led and made part of the records in the above case. U. District Court Judge 3 Mam/p7 Case 2:12-cr-00517-ER Document 3 Filed 12/20/12 Page 4 of 5 INFORMATION SHEET FOR REVOCATION 0F SUPERVISION United States of America Case No. vs. Jonathan Lee Riches Defendant's last known 1306 Ashbridge Road Address and Telephone No. West Chester, PA 19380 (610) 213?4055 Defendant?s in custody at: Defendant?s last known To be assigned Counsel, Address and Telephone number: Assistant US. Attorney: To be assigned Street Address: 615 Chestnut Street, Suite 1250 City and State: Philadelphia, PA 19106 Telephone No.: (215) 861?8200 Other Information: Carlos Montgomery Senior US. Probation Of?cer Telephone No. (610) 320?5094 Case 2:12-cr-00517-ER Document 3 Filed 12/20/12 Page 5 of 5 PROBATION AND SUPERVISED RELEASE VIOLATIONS Classi?cation of Violations There are three grades of probation and supervised release violations: (1) Grade A Violations -- conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment exceeding one year that is a crime of violence, {ii} is a controlled substance offense, or involves possession of a firearm or destructive device ofa type described in 26 U.S.C. ?5845(a); or (B) any other federal, state, or local offense punishable by a term of imprisonment exceeding twenty years; (2) Grade Violations -- conduct constituting any other federal, state, or local offense punishable by a term of imprisonment exceeding one year; (3) Grade Violations conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment of one year or less; or (B) a violation of any other condition of supervision. Where there is more than one violation of the conditions of supervision, or the violation includes conduct that constitutes more than one offense, the grade of the violation is determined by the violation having the most serious grade. REVOCATION TABLE (in months of imprisonment) Criminal History Category* Grade of I ll 11] 1V VI Violation GradeC 3-9 4-10 5-11 6-12 7-13 8?14 Grade 4-10 6-12 8-14 12-18 18-24 21-27 Grade A Except as provided in subdivision (2) below: 12~18 15-21 18-24 24?30 30-37 33-41 (2) Where the defendant was on probation or supervised release as a result of a sentence for a Class A felony: 24?30 27-33 30~37 37-46 46?5? 51-63 The criminal history category is the category applicable at the time the defendant originally was sentenced to a term of supervision. Note Mandatory revocation of probation is required when the new offense is possession ofa firearm or the illegal possession of controlled substances. Reference Sections 6214 and 7303 respectively of the Anti-Drug Abuse Act of 1988 (Pub No. 100-690, November 13, 1988). Note The Commission leaves to the Court the determination of whether evidence of drug usage established solely by laboratory analysis constitutes a possession of a controlled substance "as set forth in 18, USC 3565(a) and 3583(g).