Pretrial Services Report - Federal Public Defender's Office District of ...

PS3
(10/88)
PRETRIAL SERVICES REPORT
DEFENDANT
NOTE: The following information was obtained from the defendant during an interview conducted by Pretrial
Services on January 1,2000 and was corroborated where noted © by the defendant's brother, Harry Smith.
DEFENDANT HISTORYIRESIDENCEIFAMILY TIES:
The defendant states he was born on February 21, 1955 in Elizabeth, New Jersey to John and Jane
Smith. The defendant relates that his father is deceased and his mother is a resident of Anywhere,
NJ. ©. The defendant reports having a sister living in Sometown, NJ and a.brother residing in
Anotherplace, NJ ©. The defendant notes that he has regular contact with his mother and brother,
but only limited contact with his sister.
The defendant reports being a life-long resident ofthis district. However, he did note that he resided
in Florida for a nine month time period in 1981. The defendant states that he possesses an expired
United States passport which is located at his residence. The defendant maintains that he has
traveled outside the country on only one occasion to Aruba in the 1970's for vacation purposes.
The defendant states he married Ann nee Anderson in 1994, but relates that they are currently
separated ©. The defendant informed Pretrial Services that this union produced one child, age 5 ©.
The defendant reports having regular contact with his estranged wife and joint custody ofhis child.
The defendant reports residing at the above address for the past three years ©. He informed Pretrial
Services that his child resides with him three to four days per week. A check with New Jersey
Division ofMotor Vehicle records confirmed this address.
The defendant reported a prior address of four years at 321 Third Street, Thattowr:, NJ. A check
with credit bureau records reported additional addresses for the defendant at 654 Fourth Street,
Thattown, NJ and a Post Office Box 789, Thattown, NJ. Local criminal court records report
previous addresses of1234 Fifth Street, Sometown. NJ, and 5678 Sixth Street, Thattown, NJ.

PS 3« PAGE'2
'2. E1\iPLOYMENT HISTORY /FINANCIAL RESOURCES:
The defendant reports being employed as the financial advisor of the "Smith Trust", a financial trust
which was established on behalf of his child. He notes that he has been working full-time in this
capacity for the past ten months. The defendant was unable to provide Pretrial Services with an
estimated monthly net income.
Prior to his current employment, the defendant reports working as a corporate officer for My Own
Assets, 10 Seventh Street, Thattown, NJ from 1995 to 1998. He relates that his company is now
defunct.
The defendant lists his only asset as a Rolex watch of an unknown value. No other personal assets
were reported.
The defendant informed Pretrial Services that the following assets are owned under the "Smith Trust
Fund". The defendant notes that his child, John Smith Jr., is the sole beneficiary for this trust and
his brother, Harry Smith, is the acting trustee.
Property:
Location: 1234 Anywhere, N.J.
Estimated Value: $500,000 to $1,000,00 / Property is owned free and clear
Businesses:
Location: The Business Corporation
Anywhere, NJ
Estimated Value ofEquipment: $150,000
Automobiles:
1992 Isuzu Truck
Estimated Value: $15,000/ Paid in Full
The defendant indicated that he would be willing to post the equity in the property located at 1234
Anywhere, NJ owned under the "Smith Trust" to secure his release. The defendant states that his
brother, as trustee of his son's trust fund, would be willing to sign the necessary documents to post
this property. A check with WESTLA W property assessment records lists the owner 0/property
located at 1234 First Avenue, Anywhere, New Jersey as John Smith, Jr.
Defense counsel informed Pretrial Services that the defendant's sister is willing to post property
located at 654Fourth Street, ThaUown, NJto secure the defendant's release. Counsel indicates that
the property has a fair market value of$185, 000 with an outstanding mortgage of$35,000. A check
with property assessment records indicates that this property has a value 0/$132,400. It is also
noted that property assessment records list his sister as the owner 0/property located at 468
Twelfth Street, Elsewhere, NJ with a property value 0/$61,300.
Defense counsel also states that the defendant's sister, brother, mother, and spouse are willing to
co-sign appearance bonds on behalf ofthe defendant.

PS 3· PAGE 3
The defendant reports the following personal liabilities and monthly expenses:
Child Support:
Voluntary - $150 per week
Court Fines:
Municipal Court Matters - $3,000 to $4,000
Utilities:
Monthly Payment - Unknown
Telephone Service - $150 per month
The defendant also infonned Pretrial Services that he filed for Chapter 13 Bankruptcy in Trenton,
New Jersey in 1990. The defendant does not recall whether or not bankruptcy was granted. A check
with WESTLA W Bankruptcy records confinns that the defendant filed for and was granted Chapter
13 Bankruptcy in Trenton, N.J. in 1990.
NOTE: Officials ofthe Federal Bureau ofInvestigation informed Pretrial Services that most ofthe
defendant's properties andassets are owned under the "Smith Trust Fund". They confirm that this
trustfundwas set up by the defendant in hisfive year oldchild's name with the defendant's brother
acting as trustee. Investigating Agents in this matter also indicate that the defendant owns partial
interest in a home in Mexico.
A check with WESTLA W lawsuit records list John Smith as a DEFENDANT in fourteen civil
matters in New Jersey, which could expose him to judgements totaling over two million dollars.
3. HEALTH:
The defendant reports being in good physical health. However, he infonned Pretrial Services that
he suffers from migraine headaches and some back pain for which he is being prescribed Valium.
The defendant reports being in good mental health and reports no prior psychiatric care.
The defendant reports no drug or alcohol use. A voluntary post-bail drug test returned negative.
4. PRIOR RECORD:
Aliases: "Jonh Smith" "Douglas Jones" "John D Smith" "Samuel Adams"
Social Security Numbers: 100-00-5005 109-00-0000 140-00-0000 100-00-0550
Dates of Birth: 08/22/00 08/02/00 06/09/00 05112/00
04/22/00 03121100 02/24/00 01/30/00

PS 3 - PAGE 4
Date Sentence
Date of Arrest 1Agency Charge (s) Imposed 1 Disposition
1986 New Jersey 1) Dangerous Drugs Guilty of Obstruction:
2) Obstruction Sentenced to $125 Fine
All other charges Dismissed
1987 New Jersey 1) Perjury Guilty of Felony Obstruction:
2) Obstruction Sentenced to 3 years
Probation; $1,000 Fine
Probation Discharged with
Improvement
1988 New Jersey 1) Forgery Municipal Remand 1
Downgraded
1989 New Jersey 1) Possession Weapon Guilty of Felony Weapons
Offense 1Possession of
loaded handgun: Sentenced to
1 year Probation; $2,500 Fine
Bench Warrant
Issued """SEE REMARK #1
1990 New Jersey 1) Larceny 07/23/90 - Dismissed
1991 New Jersey 1) Receiving Stolen Property MATTER IS PENDING 1 Sent
2) Possession Weapon to State Attorney General's
office: Bail Status: Bail set
at $50,000 cash with 10%
alternative. Bail Posted
1991 New Jersey 1) Trespassing Guilty of Felony Obstruction
1Violation of Court Order:
Sentenced to 1 year
Probation; Fine $1,030
Bench Warrant Issued
Warrant vacated on
Trespassing Charge
Dismissed
1994 New Jersey 1) Forgery Municipal Remand 1
Downgraded
1994 New Jersey 1) Theft of Services Dismissed

PS 3· PAGE 5
1994 New Jersey 1) Forgery Municipal Remand /
Downgraded
1995 New Jersey 1) Forgery Municipal Remand /
Downgraded
1995. New Jersey 1) Forgery Guilty of Felony Theft by
Deception: Sentenced to 2
years Probation (4 days jail
time credit); $625 Fine
Bench Warrant Issued
Forgery Charge Dismissed
1998 New Jersey 1) Fail to Prevent Injury or Remanded to Lower Court
Damage
2) Contempt
1999 New Jersey 1) Contempt MATTER IS PENDING:
Municipal Court, New Jersey
Bail Status: $100,000 cash
...... SEE REMARK #2
1999 New Jersey 1) Contempt MATTER IS PENDING:
Bail Status: $6,200 cash
** SEE REMARK #2
1999 New Jersey 1) Contempt MATTER IS PENDING:
Municipal Court, New Jersey
Bail Status: $2,500 cash
...... SEE REMARK #2
REMARK #1: Court records indicate that P.O. Richard Someone, the defendant's supervising
probation officer in this matter, reported the following: Mr. Smith was not cooperative (with
supervision), he failed to report, failed to report change ofaddress, andhe failed to payfines (in a
timely fashion).
REMARK #2: Pretrial Services would note that these arrests were not reported on NCIC/SCIC
criminal record networks. Details ofthese arrests were provided by Mr. Jack Jackson ofBail Bonds,
Inc. in New Jersey. According to Mr. Jackson, the defendant utilized his agency to serve as
corporate surety in all three pending municipal matters. He states that his agency has secured their
interest in the defendant's bail with property owned by the defendant and property owned by the
defendant's mother and brother.
A check with NCIC / SCIC computer systems revealed no outstanding wants or warrants for the
defendant.

PS3-PAGE6
A check with New Jersey Motor Vehicle records indicates that the defendant possesses a valid
driver's license with an expiration date of March 31, 2002. Motor Vehicle records also indicate that
the defendant has failed to appear in traffic court on six separate occasions for various offenses.
5. NATURE OF THE OFFENSE CHARGED/ARREST BEHAVIOR:
The defendant was arrested by officials of the Federal Bureau of Investigations and charged with
bank fraud (over $300,000), mail fraud, and wire fraud as outlined in Title 18, United States Code,
Sections 1341, 1343, 1344, 1503, and 2. The defendant is also charged with violations ofthe Social
Security Act as outlined in Title 42, United States Code, Section 408(a)(7)(B).
6. ASSESSMENT OF NON-APPEARANCE:
Pretrial Services has identified the followingfactors which wouldsuggest risk ofnon-appearance:
1) Defendant's past use of various aliases, date of births, and social secur.ity numbers.
2) Defendant's prior criminal record including felony convictions for obstruction and violating court
orders.
3) Defendant's apparent lack ofcompliance with supervised probation in a 1989 criminal conviction
4) Defendant has a prior history offailing to appear in traffic and municipal court.
5) Defendant has three pending municipal court matters and one pending New Jersey State criminal
matter.
6) Investigating Agents indicate that the defendant has a financial interest in property in Mexico.
7) Defendant's financial status and employment is questionable.
7. ASSESSMENT OF DANGER:
Pretrial Services has identified the following factors which would suggest potential danger to the
communi(V:
1) Defendant's 1989 criminal conviction for possession of a firearm.
Jane Johnson
US. Pretrial Services Officer
January 1, 2000

PS 3 - PAGE 7
RECOMMENDATION:
Pretrial Services recommends that the defendant be released on a $250,000 collateral bond secured
by the equity in the property owned by his sister at 654 Fourth Street, Sometown, New Jersey and
co-signed by defendant's mother, wife, and sister with the following conditions of release:
1) Electronically monitored curfew from 8:00 a.m. to 8:00 p.m. (Cost ofEM to be paid for by the
defendant).
2) Supervision by Pretrial Services.
3) Surrender all passports / do not apply for additional travel documents.
4) Defendant's wife to surrender all passports and travel documents to PSA.
Jane Johnson
U.S. Pretrial Services Officer
January 1,2000