USA v. Gallison Et Al Doc 54 Filed 27 Aug 15

8/20/2019 USA v. Gallison Et Al Doc 54 Filed 27 Aug 15

1/8

^A O 199A

Rev.

6/97) Order Setting Conditions

of Release

Page 1

of

Pages

r .

Uni t ed S ta t e s Di s t r i c t Cou r t

20 2 5 y

Easte rn

Dist r ic t o f

Virginia

CLERK,

.S

Pi^r iiir-T

uCaJRT

At EXANDRIA VlRGiNIA

Uni ted S ta tes

of

America

V.

Defendant

ORDER S ET T ING COND IT ION S

OF

RELEASE

IT IS ORDERED that the release of the defendant is subject to the following conditions:

(1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this case.

(2) The defendant shall immediately advise the court, defense counsel and the U.S. Attorney in writing before any change in

address and telephone number.

(3) The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as

directed. The

defendant

shall

appear

at (if

blank,

tobe

notified)

United

States District

Court

401 Courthouse Sq.,Alexandria,VA on

D at e a nd T im e

Release on Personal Recognizance or Unsecured

Bond

IT IS FURTHER ORDERED that the defendant be released provided that:

( ^ ) 4 The defendant promises to

appear

at a ll

proceedings as required

and

to

surrender for service of any sentence imposed.

( ) (5) The defendant executes an unsecured bond binding the defendant to pay the United States the sum

of

dollars (

in the event

of

a failure to appear as required or to surrender as directed for service

of

any sentence imposed.

DISTRIBUTION COURT DEFENDANT PRETRIAL SERVICES U S ATTORNEY U S MARSHAL

J

Case 1:15-cr-00178-AJT Document 54 Filed 08/27/15 Page 1 of 8 PageID# 427


2/8

(Rev. 1/98)Order Selling Condilions of Release

2Qfy

Pages

age2Cjf

Addi t iona l Cond i t ions

o f

Release

Upon finding that release by one of the above methods will not by itself reasonably assure the appearance

of the defendant and the safety

of

other persons and the community, it is FURTHER ORDERED that the

release

of

the defendant is subject to the conditions marked below:

( ) (6) The defendant is placed in the custody of:

(Name

of

person or organization)

(Address)

(City and State)

(Tel.No.),

who agrees (a) to supervise the defendant in accordance with all conditions

of

release, (b) to use every effort

to assure the appearance

of

the defendant at all scheduled court proceedings, and (c) to notify the court

immediately in the event the defendant violates any conditions of release or disappears.

Signed:

Custodian

of

Proxy

( X )(7)

The

defendant shall:

( ) (a) maintain or actively seek employment.

( ) (b) maintain or commence an educational program.

(c) abide by the following restriction on his personal associations, place of abode, or travel:

Do not depar t

the

Washington D.C.

metropolitan

area

without

pr ior

approval

of Pretrial Services

or the Court.

ITrXVM

Y

tnout

pr ior

approval oi

rre ir ia i

services , '

(e) report on a regular basis to theTollowing age

(f) cpjpply withjh,e

follpwing^rfew;

piTiply

with the followmg

ci

m

b W rJK

jstructive devi

) (g) refrain

from

possessing a

firearm,

destructive

device,

or

othei*

da ngerous

weapons.

( ) (h) refrain from excessive use

of

alcohol, and any use or unlawful possession of a narcotic drug or

controlled substance defined in 21 U.S.C. 802 unless prescribed by a licensed medical person.

( ) (i) undergo medical or psychiatric treatment and/or remain in an institution, as follows:

^

j execute

a

bond or an

agreement to forfeitjmon

failing to

^pear

asjêquiijed, the foUowipg sym

Qj^m9ne^ 9r

Jeîgnê^d

property^j ^

i c t i m s

v: Pretrial Services.

( ) (k) post with the court the following indicia of ownership of the above-described property, or the

following amount or percentage

of

the above-described money:

( ) (1) execute a bail

bond

with the solvent suret ies in the amount

of

( ) (m) return to custody each (week) day as

of

o clock

after being released each (week) day as

of

o clock

for employment, schooling, or the following limited purpose(s):

n)

suirender any

passport

or

other

travel doc^jnts

to:

'(o) obtain no passport or travel documents,

( ) (p) undergo substance abuse testing and/or treatment as directed at the direction

of

Pretrial

Services.

( ) (q) the defendant shall not operate a motor vehicle without a valid license.

atf (r) the defendant is placedon

homo

dotontion withelectronic monitoring as directed.''̂

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P R E T R I L

S E R V I C



3/8

3_ori

O 199C Rev.

09/08

Advice of Penalties Page of ^

Papps

ADVICE OF PENALTIES AND

SANCTIONS

T O T HE DEFENDANT:

YOU ARE ADVISED O F TH E

FOLLOWING

PENALTIES AND SANCTIONS:

Violatingany of the foregoingconditionsof release may result in the immediate issuanceof a warrant for your arrest, a

revocationof your release, an order of detention,a forfeitureof any bond, and a prosecutionfor contempt of court and could result in

imprisonment, a fine, or both.

While on release, if you commit a federal felonyoffense the punishmentis an additionalprison term of not more than ten years

and for a federal misdemeanoroffense the punishment is an additional prison term of not more than one year. This sentencewill be

consecutive {i.e., in addition to) to any other sentence you receive.

It is a crime punishable by up to ten years in prison, and a 250,000 fine, or both, to: obstruct a criminal investigation;

tamperwith a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or

attempt to intimidate a witness, victim, juror, informant, or officer

of

the court. The penalties for tampering, retaliation, or

intimidation are significantly more serious if they involve a killing or attempted killing.

If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence,

you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:

(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more - you will be fined

not more than 250,000 or imprisoned for not more than 10years, or both;

(2) an offense punishable by imprisonment for a term

of

five years or more, but less than fifteen years - you will be fined not

more than 250,000 or imprisoned for not more than five years, or both;

(3) any other felony - you will be fined not more than 250,000 or imprisoned not more than two years, or both;

(4) a misdemeanor - you will be fined not more than 100,000 or imprisoned not more than one year, or both.

A term

of

imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In

addition, a failure to appear or surrender may result in the forfeiture of any bond posted.

Acknowledgment of the Defendant

I acknowledge that I am the defendant in this case and that I am aware

of

the conditions

of

release. I promise to obey all

conditions

of

release, to appear as directed, and surrender to serve any sentence imposed. I am aware

of

the penalties and sanctions

set

forth

above.

N

Defendant s Signature

City

and

State TelephoneNumber

Directions to

the

Uni ted States rsh l

The defendant

is

ORDERED released after processing.

• The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the

defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be

produced before the appropriate judge at the time and place

specified._

2Cb 2X i\

ate: \ O J ^ . /s/

John

F.

Anderson

United States Magistrate Judge

DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE

US.

ATTORNEY U.S. MARSHAL



4/8

AO98 Rev.8/85 AppearanceBond

UNITED STATES

DISTRICT COURT

EASTERN DISTRICT OF

VIRGINIA

UNITED STATES OF AMERICA

V.

APPEARANCE

BOND

Harold Bailey Gallison,

II CASE

number: 1:15-CR-00178

Non-surety: I,

the

undersigned defendant acknowledges that I and my...

Surety:

We,

the undersigned, jointly

and

severally acknowledge that we

and

our...

personal

representatives,

jointly

and severally, are bound to pay the United States ofAmerica the

sum

of

1,200,000 or Individual Retirement

Account of

David

Winchester,

Account Number

The conditions of this bond are that the

defendant

Harold

Bailey Gallison, II is to

ap pear b efore th is court and at such other places as the defendant may be

required

to appear, in

accordance w ith any and all orders and

directions

relating to

the

defendant s appearance in

this

case,

including appearance

for

violation

of

a

condition

of

defendant s release

as may

be

ordered

or notified

by

this court

or

any other United States district court

to which the

defendant may be held

to answer

or

the

cause

transferred.

The defendant is

to abide by

any

judgment

entered in

such amatter by surrendering to

serve any sentence imposed and obeying

any

order or direction in connection with such

judgment.

It

is

agreed and

understood

that

this is

a continuing bond

(including

any

proceeding on

appeal

or

review

which shall continue until such

time

as the

undersigned are exonerated.

If

the defendant

appears

as

ordered or notified and otherwise obeys and performs the

foregoing conditions of

this

bond, then

this

bond is to be

void,

but if

the defendant

fails to obey

or

perform any

of these conditions,

payment

of the amount of the

bond

shall

be due

forthwith. Forfeiture

of

this

bond

for

any

breach

of its conditions may be declared by any United

States

district court having

cognizance

of

the above

entitled matter

at the time

of

such

breach

and

if

the

bond

is

forfeited

and

if

the

forfeiture is not set aside

or remitted,

judgment m ay be entered

upon motion

in

such

United States district

court

against each debtor

jointly

and

severally

for

the amount

above stated,

together

with

interests

and

costs, and execution may be

issued and payment

secured as

provided

by

the Federal

Rules of

Criminal

Procedure and anyother laws of theUnitedStates.

This

bond

is

signed on [Date ordered] at 401

Courthouse Square,

Alexandria, VA22314

Defendant: ^ Address:

Harold Bailey Gallison, II

Surety: Address:

—


Surety:

Address:

David Winches te r

Signed

and

acknowledged before

me on Fernando Galindo

Clerk

Court

BY

/g/ U.S.

Deputy Clerk

John P Anderson




5/8

•AO98 Rev. 8/85 AppearanceBond

UNITED STATES

DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA


V

APPEARANCE BOND


CASE number:

1:15-CR-OO178

Non-surety:

I. the

undersigned

defendant

acknowledges

that

I

and

my...

Surety:

We, the

undersigned,

jointly and severally

acknowledge

that we and

our...

personal representatives, jointly

and

severally, are bound to pay the United

States

of

America

the sum of

1,200,000 or Individual Retirement Account

of

David Winchester,

AccountNumber

The conditions of

this

bond are

that the

defendant


II

is

to

appear

before this court

and at such other places

as

the defendant

may

be required to appear, in

accordance

with

any and

all orders

and

directions

relating

to

the defendant s appe^an^

m

this

case,

including appearance for violation of

a

condition of defendant s

release

as may be ordered or

notified

by

this court or any other

United

States district court to

which

the

defendant

may be held to

answer

or the

cause

transferred. The defendant is

to abide by any

judgment entered m

such

a

matter by

surrendering to

serve

any

sentence imposed

and

obeying any order or direction in connection

with such judgment.

It is

agreed

and understood that this

is

acontinuing bond (including any proceedmg

on

appeal or review) which

shall

continue

until

such time

as the

undersigned are exonerated.

If

the

defendant

appears as ordered

or

notified

and

otherwise obeys and performs the

foregoing conditions of

this bond, then

this bond is to be

void, but

if the defend^t

fells

to

obey

or

perform

Iny

of these conditions payment of the amount of the

bond

shall

be

due

this

bond

for any breach

of

its

conditions

may

be

declared by My United

fates

dist^t

coim

havrng

cognizance of the above

entitled

matter at the time

of such

breach

and

if the

forfeiture

is not

set

aside or

remitted, judgment

may be

entered

upon

motionm

nit^ St^es distact

court

against each debtor jointly and severally for

the

amount

above

stated together wi tere^^d

costs, and

execution

may

be

issued and

payment secured as provided by

the

Federal

Rules

of

Criminal

Procedure and any other

laws of the

United

States.

This bond is signed on [Date ordered]

at 401 Courthouse Square, Alexandria,

VA22314

Defendant :

HaroldBaileyGallison, II

Surety:

H®old

Bailey

Gdlison, II

Surety:

David Winchester

ddress

Address :

ddress

Signed and

acknowledged

before me on r

Clerk of

Court

BY:

s

John F Anderson


U.S. DeputyClerk



6/8

AO 100 Rev. 06/09) Agreement to Forfeit Real Property toObtain a Defendant s

Release

Uni ted S t a te s i st ri c t ou r t

or

th

Easter District o Virginia

United States o America

V-

Case

No.

1:15-CR-00178


II

Defendant

AGREEMENT TO FORFEIT REAL

PROPERTY

TO OBTAIN A DEFENDANT S RELEASE

To obtain

the

defendant s release, we jointly and severally

agree

to forfeit the following

property

to the United

States ofAmerica ifthis defendant fails to appear

as

required

for

any

court

proceeding or

for the

service ofany sentence

imposed

as may be

noticed or

ordered

by any

court considering

this matter,

or fails to

comply

with any

conditions

of

release set by the court

describe

property and

any

claim, lien,

mortgage,

or other

encumbrance

on it .

Torrey Pines Road, La Jolla, CA

92037

Ownership,

We

declare

under

penalty of

perjury that

we

are this

property s sole owners and

that

it

is

not

subject

to

any claim,

lien,

mortgage, or other encumbrance except

as

disclosed

above.

We

promise not

to

sell, niortgage, or

otherwise

encumber the property,

or do

anything

to reduce

its value while

this agreement is in effect. We deposit with

the

court the following ownership documents, including any encumbrance documents

st

all

documents

and

submit

as

attachments .

Surety Information. We understand that the court and the United States of America will

rely

on the surety

information in approving this agreement.

Conditions ofRelease. We state

that

we

have

either read all court-ordered conditions of

release imposed

on the

defendant or had them explained to us.

Continuing Agreement

Unless

the

court

orders

otherwise,

this

agreement remains in effect during any appeal or

other

review until the defendant has satisfied all court notices, orders,

and

conditions.

Exoneration

of

Sureties. This agreement

is

satisfied and

ends

if the defendant

is

exonerated

on all charges

or,

if

convicted, the defendant reports

to serve any

sentence imposed.

Forfeiture. If

the defendant

fails

to obey all

conditions of release,

court notices,

and

orders

to appear, the court

will immediately

order

the property

forfeited

and on motion of the United States of America

may

order ajudgment of

forfeiture against

the

signing parties and

their

representatives, jointly and

severally,

including

interest

and costs.



7/8

Page 2 of 2

AO 100 Rev. 06/09)Agreement to Forfeit

Real

Property to Obtaina Defendant s Release

I

swear under

penalty of

perjury that the above information

is

true

and

agree

to

the conditions

of

this agreement.

Date: Augus t 2 2 15

City and state:

Property owner s printed name



Sworn and signed before me.

D ate : A ug us t 2 2 15

Agreement accepted.

D at e: A ug us t 2 2 15

Agreement approved.

Date: August 2 2 15

Defendant ifa property owner)

Property owner s signature



CLERK

OF

COURT

Signature

ofClerk or Deputy Clerk


Assistant UnitedStates Attorney s signature

John F

Anderson




8/8

Page 2 of 2

AO

100

Rev.

06/09) Agreement to Forfeit Real

Property to

Obtain

a

Defendant s Release

I

swear

under penalty

of perjury

that the

above

information is

true and

agree

to the conditions of

this

agreement

D ate : A ug us t 20 2015

City and state:

l ff

Propeftyowner s printed name

Propertyowner sprinted

name

Propertyowner sprinted name

Sworn and signed beforeme.

Date: August 20.2015

Agreement

accepted.

Date:

August

20 2015

Agreement

approved.

Date: August 20. 2015

Defendant ifa property

owner)

rty

owner ssignature



CLERK OF COURT

Signature of

Clerk

orDeputy

Clerk

UNITEDSTATES

OF

AMERICA

Assistant UnitedStates Attorney s signature

s

John F Anderson



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USA v. Gallison Et Al Doc 54 Filed 27 Aug 15

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