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VIRGINIA:
Before the Virginia State Bar Disciplinary Board
In the Matter of
Jerry Mack Douglas, Jr., Esquire VSB Docket No. 19-000-114086
CONSENT TO REVOCATION ORDER
On July 29, 2019, came Jerry Mack Douglas, Jr. and presented to the Board an Affidavit
Declaring Consent to Revocation (hereinafter “Affidavit”) of his license to practice law in the
courts of this Commonwealth. By tendering his Consent to Revocation at a time when
allegations of Misconduct are pending, the nature of which are specifically set forth in the
attached Affidavit, the Criminal Information Order, Plea Agreement and Statement of Facts
(collectively referred to as “the Affidavit”), Respondent acknowledges that that the material facts
upon which the allegations of Misconduct are pending are true.
The Board having considered the Affidavit, and Bar Counsel having no objection, the
Board accepts his Consent to Revocation.
Upon consideration whereof, it is therefore ordered that Jerry Mack Douglas, Jr.’s license
to practice law in the courts of this Commonwealth be and the same hereby is revoked, and that
the name of Jerry Mack Douglas, Jr. be stricken from the Roll of Attorneys of this
Commonwealth.
Entered this 30th day of July, 2019.
Virginia State Bar Disciplinary Board
_____________________________________Sandra L. Havrilak, Chair
Sandra L. HavrilakDigitally signed by Sandra L. Havrilak DN: cn=Sandra L. Havrilak, o, ou, [email protected], c=US Date: 2019.07.30 16:46:05 -04'00'
RECEIVED
VIRGINIA STATE BAR CLERK'S OFFICE
Jul 29, 2019VIRGIN I A:
BEFORE THE VIRGlNIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF JERRY MACK DOUGLAS, JR. VSB Docket No. l 9-000-11 4086
AFFIDAVIT DECLARING CONSENT TO REVOCATION
Jerry Mack Douglas, Jr., after being duly sworn, states as follows:
I. That Jerry Mack Douglas, Jr. was licensed to practice Jaw in the Commonwealth
of Virginia on l 0/02/1984;
2. That Jerry Mack Douglas, Jr. submits this Affidavit Declaring Consent to
Revocation pursuant to Rule of Court, Part 6, Section IV, Paragraph l 3-28.
3. That Jerry Mack Douglas, Jr. 's consent to revocation is freely and voluntaril y
rendered, that Jerry Mack Douglas, Jr. is not being subjected to coercion or duress, and that Jerry
Mack Douglas, Jr. is full y aware of the implications of consenting to the revocation of his license
to practice Jaw in the Commonwealth of Virginja;
4. Jerry Mack Douglas, Jr. is aware that there is currentl y pending a complaint, an
investigation into, or a proceeding invo lving, allegations of misconduct, the docket number fo r
which is set forth above, and the specific nature of which is here set forth, and in the Criminal
Information, Order, Plea Agreement and Statement of Facts attached hereto:
a. On October 19, 2018, Jerry Mack Douglas, Jr. waived indictment and agreed to plead guilty to a single count of criminal information charging him with False Statement to a Federal Agency, in vio lation of Title 18, Uruted States Code, § l 00 l. Jerry Mack Douglas, Jr. admitted the facts set forth in the Statement of Facts fi led with the attached plea agreement and agreed that those facts established guilt of the offense charged beyond a reasonable doubt.
5. Jerry Mack Douglas, Jr. acknowledges that the material facts upon which the
allegations of misconduct are predicated are true; and
6. Jerry Mack Douglas Jr. submits this Affidavit and consents to the revocation of
his license to practice law in the Commonwealth of Virginia because he knows that if the
disciplinary proceedings based on the said alleged misconduct were brought or prosecuted to a
conclusion he could not successfully defend them.
Executed and dated on • L ~ ;2.,01'1'._
COMMONWEAL TH OFYI~ GfNIA / CITY /COUNTY OF - --'---'M=--.r.<....e.....,b....,,o~/--'--"-K ____ , to wit:
The foregoing Affidavit Declaring Consent to Revocation was subscribed and sworn to before
me by Jerry Mack Douglas Jr. on _ _ l_-_2-_3_-_7-_0_1_9~---- - -
,,,111111,,,, ,,, BAS 11' ,, o. l , . ,~. ,,
' . ..3i. ~ . . ...... . . .,,~, ... ,, ,-."V",,·:.a..Y p , ;,., ,,.. ' V •~p,,- v,a, ' ,.,, " ~ "i :·o"' ""'<. ···""' ~ :: :~ ~ ·. .. - . ~ MY ~· . -
: f COMMISSION l = : ~ i NUMBER i ;! E .. . . .>ii .. -:. \ 244149 ... ,.~ ~ ~ ·.. .-· ~::::-
.... , ·.. ..• ' ,, .... .. .. . ',,..,&,':/f',, 11, , , Alffl V' ,,,,, ,,, ,. .. ,,,,,
Case 2:18-cr-00152-RGD-DEM Document 10 Filed 10/19/18 Page 1 of 1 PagelD# 28
IN THE UNITED STATES DISTRICT COUR FOR THE EASTERN DISTRICT OF VIRGIN
UNITED STA TES OF AMERICA,
v.
JERRY MACK DOUGLAS, JR.,
Defendant.
Norfolk Division
CRIMINAL NO. 2:18cr152
QRDER ACCEPTING PLEA OF GUILTY
The defendant, by consent, appeared befons the court with counsel, pursuant to Federal
Rule of Criminal Procedure 11, and referral from United States District Judge Robert 0. Doumar
and has entered a pica of guilty to the single count Criminal Information charging him with false
statement to a federal agency, in violation of 18 U.S.C. § IOOl(a)(2). After cautioning and
examining the defendant under oath concemJng each of the subjects mentioned in Rule 11, the
court determined that the guilty pica was kn.owledgcable and voluntary, and that the offense
charged is supported by an independent buis in fact establishing each of the essential elements of
such offense. The court therefore accepts the plea of gUfhy.
The clerk is directed to deliver a copy of this Order to counsel for the United States and to
counsel for the defendant.
Norfolk, Virginia
October 19, 2018
DOUO . IL BR, UNITBD STA TBS MAOJSTRA TE JUDGE
A mue COPY, TES1"E: CLERK, U.S. DISTRICT COU T
BY - 'fi~
Case 2:18-cr-00152-RGD-DEM Document 7 Filed 10/19/18 Page 1 of 1 PagelD# 9
AO 4.55 (Rev. 01/09) Walwroh11 i.dlcuncnc
UNITED STATES DISTRICT COURT
United States of America v.
JERRY MACK DOUGLAS, JR,
for the Eastern District of Virginia
) ) ) ) )
Case No. 2:18cr152
WAIVER OF AN INDICTMENT
I understand that I have been accused of one or more offenses punishable by imprfaonment for mo.re thatl one year. I was advised in open court of my rights and the nature of the proposed charges again.st me.
Aft.er receivihg this advice, I waive my right to prosecution by Indictment and consent to prosecution by info~tlon.
l)ate: ~~1 .... 0a....11..:.91 ... 2..._01""8........__-=-
Jon M. Babineau
Douglas E. MIier. United States Magistrate Judge Judg, '1 prlnled "°""' and till,
A TRUE COPY, TESTE! CLERK. U.S. DISTRICT COURT
BY. DB'~
Case 2:18-cr-00152-RGD-DEM Document 1 Filed 09/26/18 Page 1 of 1 PagelD# 1 --:-::-=:------~ rr r:iJ
rN THE UNrTED STATES DISTRICT COURT FOR HEe:p- ~o-;o;-] EASTERN DISTRICT OF VIRGINIA
Norfolk Division CL[n . t • I ,,~-; MIC r COURT
UNITED STATE OF AMERICA
v.
JERRY MA K DOUGLAS, JR.
Defendant.
) ) ) )
CRIMJNAL NO. 2: I Ser f 52.
) 18U.S.C. IOOJ(a)(2)
' ,,. =--~ .'~
) False Statement to U.S. Department of ) Hou ing nnd Urban Development ) (Count I)
CRIMINAL INFORMATION
THE UNIT D STATES ATTORNEY CHARGES THAT:
On or about September I I, 20 14, in the Eastem District of Virginia and elsewhere,
defendant JERRY MA K DOUGLAS, JR., did willfullynnd knowingly mokc n materially false,
fictitious, Hnd fraudulent tatcmenl ond representation in a mutter willtin the juri diction of the
executive branch of the Government of the United States by f, lsely representing to the United
Stutes Department of Housing and Urbnn Development ("HUD") thut a legitimate party was
purchn ing a HUD property located on Chantilly ourt, Virginia Beach, Virginia when, in truth
nnd foci o he well knew, the lisling broker, n prohibited pony, was the actual purchaser oflhc
HUD property.
(In violation of Tille 18, United Stale Code, Seclion I 00 I (n)(2)).
RECEIVED NOV O 9 2018 By:
VSB CLERK'S OFFICE
G. Znchnry Terwilliger
Un~ited Stoto Altomey L _w~z«-
ileHsso . O'Boyle Y -----• Stephen W. Haynie Assistant United State Attorney Attorney for the United States United Stales Attorney's Office 101 West Main trecl , uite 8000 Norfolk, VA 23510 Office Number - 757-441-633 l Facsimile Number - 757-441 -6689 E-Mai l Addres - molissa. [email protected]
Case 2:18-or-00152-RGD-DEM Document 4 Flied 10/10/18 Page 1 of 1 PagelD# 6
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
NORFOLK DMSION
UNITED STATES OF AMERICA
v. Caae No. 2:18CR152
JERRY MACK DOUGLAS, JR.
ORDER
The Court has been advised that JERRY MACK DOUGLAS, JR. ("Defendant") wjsbes
to enter a plea of guilty. A United States Magistrate Judge is hereby authorized, with the consent
of the Derendant, to conduct proceedings required by Rule l. l of the Federal Rulca of Criminal
Procedure Incident to the making of the plea. ~ 28 U.S.C. § 636(b)(3); United State§ y. Dees.
125 F.3d 261 (5th Cir. 1997) (finding that "the taking ofa guHty plea is a permissible 'additionaJ
duty' for a magistrate judgc0 under the Magistrate Ac~ 28 U.S.C. § 636(b)(3)), cert, denied S22
U.S. 1152 (1998). The Defendant may consent to the United States Magistrate Judge conducting
the proceedings on a form provided by the Clerk.
If, after conducting such proceedings, the Magistrate Judge accepts the plea of guilty and
any associated plea agreement, a presentence investigation shall be conduoted and a report will
be prepared pursuant to Rule 32 of the Federal Rules of CriminaJ Procedure. and a sentencing
date shall be scheduled. If the plea of guilty is accepted. the District Judge will adjudicate guilt
at the sentencing hearing and will determine and impose the sentence.
The Clerk is DIRECTED to deliver a copy of this Order to all Counsel of Record.
IT IS SO ORDERED.
Norfol~ VA
October IC 2018 A TRUE COPY, lESfE:
::_~ U~2b:CT~URT DEPUTYCLERK -
D ST TES DISTRICT JUDOB
Case 2:18-cr-00152-RGD-DEM Document 5 Filed 10/19/18 Page 1 of 1 PagelD# 7
G1JIL TV PLEA FELONY CRIMINAL INFORMATION:
Time Set: Started: Ended:
2:0~m. Date: 10/19/2018 ~;..:..;;.;:_~~-=---------Presiding Judge: Do~t111 B, Miller Courtroom Deputy: 41. ~ = Reporter. oi,Jf ~Ci...:bic£ U.S. Attomcy: Mif ~+§fu; \.\a.µ{)\() Dofonse Cc:iumel: Jon Babineau -----:, ( x) RetalMtt ( ) Courta '""'p;.;;;po=l..;;;,nted.,.....(~ )~A""'i'F~P"""'o------ -lnterpretor: U.S. Probation Officer:
Case Number: ...;2;;.;.:~l 8;;;:c~rl=S=2 _____ ___ USA v Jerry Mack Douglas ;.J<. ( ) ltt custody ( ) on bond
()(.) Initial Appearance on Criminal Jnfonnation ( t) Consent to Proceed before a U.S. Magistrate Judge pursuant to Ruic 11, executed and filed in open court. ( X) Defendant swom. ( X) Waiver of Indictment executed and filed in open court.
Court advised defendant of rights, charges, and maximum penalties. Defendant acknowledged he/she understood.
(i) ex) {.)() ( ) (X) c- > ( ) ( ) CX) ( )
Plea agreement reviewed and executed and filed in open court. ( ) No plea agreement Court inquired as to voluntarJnep of plea. Court inquired as to threats or ptomiscs. Court advised defendant tluU by pleading gqilty the right to a trial by jury is waived. Defendant entered plea of gullty as to Count (s) Count accepts plea of guilty as to Count(s) Defendant satisfied with services of counsel. Court inquired Re: Pica Negodations Government presented factual basliJ thru swnmary by S:\:o..\t.rfn'.:)t of :@.els Statement of Facts executed and ftled Jn open court. Continued for pre-sentence report. Court explained that by pleading guilty right to. appeal ls waived pursuant to plea~ment. Sontenoing set: _.3Ll<Z I l'\ @ l PO O P\ffi before U.S. District Judge - ~L....:.;11:o::;...a,i,b..c...... ___ _ ( X ) Norfolk ( ) Newport News Unsigned Sentendihg Proe<;dtlre Order provided to defendant. Sentencing Procedure Order entered and flied in open court. Order Accepting Plea of Guilty entered and filed in open court. Court ( ~ ( ) Withholds finding defendant guilty as charged in Count(s) ............................ .___ Bond set ~ ( ) Sec Special Conditions of Release Defendanc-continued-on bond. (- )Secr-A-dditional·eondidons of Release Defendant remanded to custody of Marshal. ~nation. Order entered and filed in open court.. • l ::="= ~-~ ~o;jfm~t ~ e ot . ~ °'-De lli!rr±tinRJ
A TRUE COPY, TES1E: CLERK. U.S. DISTRICT COURT
av __ DE~K
Case 2:18-cr-00152-RGD-DEM Document 8 Filed 10/19/18 Page 1 of 12 PagelD# 10 ...
IN THE UNITED STATES DISTRICT COURT FOlt THE
EASTERN DISTRICT OF VIRGINIA
Norfolk Division
UNITED STAT~ OF AMERICA
v.
JERRY MACK DOUGLAS, JR.
Defendant
) ) ) CRIMINAL NO. 2:l8cr1S2 ) ) ) )
PLEA AORBEMENT
0 . Zachary Terwilliger, United Statea Attorney for the Eastern District of Virginia;
Melissa B. O'Boyle and Stcph.en W. Hnyni.c, Assistant UnJted States Attomeya; the defendant, . Jerry Mack Douglas, Jr.; and the defendant's counsol have entered into an agreement pursuant to
Rule l 1 of the Federal Rules ofCrimJtt.al Procedure. The tenns of the agreement are u follows:
1. Offense and Maximum Penalties
The defendant agrees to waive indictnumt and plead guilty to a criminal infonnation
charging the defendant with False Statement to a Federal Agency, in violation ofTitJe 18, Unit.ed
States Code, Section I 001. The muunwn penalties for count one, False Statement. an, a
maximum tenn of five (S) years ofimprisonment, a fine of$2SO,OOO, fuJI restitution, speoial
assessments pursuant to 18 U,S.C. § 3013 and 3014, and tbml (3) years of supervised release,
The defendant understands that this supervised release teflll is in addition to any prison tenn the
defendant may receive. and that a violation of a tenn of supervised release could result in the
defendant being retumed to prison for the full tmn of supervised release.
A TRUE COPY, TESTEt
~AK, U.S. ~UAT
___ D_EP_U __ TY~C .... lER~• ~K~--
Case 2:18-cr-00152-RGD-DEM Document 8 Flied 10/19/18 Page 2 of 12 PagelD# 11
2. Factual BHI• for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the charged
offense.. The defendant admits the facts set forth in the statement of facts filed with thJs plea
agreement and agm,s that those filcta establish guilt of the offense charged boyond a rcaaonable
doubt. The, statement of facts, which is hereby incorporated into this plea agreement. conadtutes
a stipulation of foots for purposes of Section 1Bl.2(c) of the Scnkmcing Ouidellnes.
3. Aulatance and AdvJce or Coun1eJ
The defendant is satisfied that the defendant's attorney hu rendered effective a.sai.stance.
The defendant understands thal by entcrin_g into this agreement. defendant sum,ndcra certain
righta as provided in tWs agreement. The defendant understands that the .rights of criminal
defendants include the following:
a. the right to plead not guilty and to persist in that plea;
b. the right to a.jury trial;
c. tho dght to be represented by courucl - and if necessary have the court
appoint counsel - at trial and at every other stage of the proceedings; and
d. tho right. at trial to con.front and cross-oxamine adverse witnesses, to be
protected from compelled aelf-fnoriminatio.n, to testify and present
evidence. and to compel the attendance of witnesses.
4. Role of the Court and the Pro bad on Office
Tho defendant undentanda that the Court haajudsdiction and authority to impoae ADY-- - - -- -- --sentence within the statutory maximum deacribed above but that the Court wilJ determine the
defendant's actual sentence in accordance with 18 U.S.C. § 3SS3(a). The defendant undentands
that tho Court has not yot detcnnined a sentence and that any estimate of the advisory acntencin
2
Case 2:18-cr-00152-RGD-DEM Document B Flied 10/19/18 Page 3 of 12 PagelD# 12
range under the U.S. Sentencing Commiasion's Sentencin,g Ouidellnes Manual the defcndattt
may have received from the defendant's counsel, the Uhitcd States, or the Probation Office, la a
prediction, not a promise, and ia not binding on the United States, the Probation Office, or the
Court. Additionally, pursuant to the Supreme Court's decision in United Stoia v. Booker, 543
U.S. 220 (2005), tbe Court, after considering the factors set forth in 18 U.S.C. § JS53(a), may
Impose a sentence above or below the advisory sentencing range, subject ooly to review by
higher courts for masonableness. The United States maJcoa no promise or representation
conccmlng whet sentence the defendant will receive, and the defendant cannot withdraw a guilty
plea based upon the actual sentence.
The United States and the defendant agree that the defendant baa assisted the government
in the investigation and proaeoution of the defendant's own misconduct by timely notifying
authoritiea of the defendant's lntontlon to enter a plea of guUty, thereby permitting the
government to avoid preparing for triaJ and pennittJng tho government and the Court to allocate
their resources efficiently. lf the defendant qualiflas for a two-level decrcue In offenac level
pursuant to U.S.S.O. § 3Bl .l(a) and the offense level prior to the opemtion of that section ia a
level 16 or greater, the government agrcca to file, pursuant to U.S.S.O. § 3El.l(b), a motion prior
to, or at the time of, sentencing for an additional one-level decrease in lhe defendant's offense
level.
5. Waiver or Appeal, FOIA and Privacy Act RJghb
Tho defendant also undemtands that 18 U.S.C. § 3742 affordl a defendant tho ri t to
appeal tho sentence imposed. Nonethel888, the defendant knowingly waivea the right to appeal
the convjctlon and any senteneo within the statu1ory maximum described above (or the manner in
which that sentence wu determined) on the grounds set forth in 18 U.S.C. § 3742 oron any
3
Case 2:18-cr-00152-RGD-DEM Document 8 Flied 10/19/18 Page 4 of 12 Page1D# 13
ground whatsoever other than an ineffective assistance of counsel claim that ia cognizable on
direct appeal, in exchange for the concessions made by the United States in this pica agn:ement.
This agreement does not affect the rights or obligations of the United Statca u set forth in 18
U.S.C. § 3742(b). The defendant also hereby waives all rights, whether asserted directly or by a
n:presentative. to n:quest or receive from any department or agency of the United States any
records pertaining to the investigation or prosecution of this case. i.ncludJng without limitation
any records that may be sought under the Fn:cdom of lnfonnation Act, 5 U.S.C. § 552, or the
Privacy Act, 5 U.S.C. § 552a.
6. Special A.lseoment
Before sentencing in this cue, the defendant agrees to pay a mandatory special
assessment ofSIOO per count of conviction.
7. Payment of Monetary Penalties
The defendant undentands and agrees that, pursuant to 18 U.S.C. § 3613, whatever
monetary penalties are imposed by the Court will be due immediately and subject to immediate
enforcement by the United States u provided for In Section 3613. Furthennon,, within 14 days
of a .requeat, the defendant agrees to provide all of the defendant's financial infonnation to the
United Statea and the Probation Office and, if requested, to participate in a pro-sentencing
debtor's examination and/or complete a financial statement under penalty of perjury, If the
Court imposes a schedule of payments, the defendant underatands that the schedule of payments
is merely a minimum achedule of payments and not tho only method, nor a limitation on tho - --
mcthoda. available to the United States to enforce the judgment. If the defendant ia incarcerated,
the defendant agreea to voluntarily participate in the Bureau of Prisons' Inmate Financial
4
Case 2:18-cr-00152-RGD-DEM Document 8 Flied 10/19/18 Page 5 of 12 PagelD# 14
Responsibility Program, regardless of whether the Court specifically directs partioJpation or
imposes a schedule of paymcnta.
8. Ratttutlon
Defendant agrees that restitution ia mandatory punuant to 18 U.S.C. §3663A. Defendant
agrees to tho entry of a Reatitution Order for the full amount of1he victima' losses. Pursuant to
18 U.S.C. § 3663A(cX2). the defendant agrees that an offenso listed In § 3663A(c)( l) gave rise
to this plea agreement and 88 such, victims of the conduct desmbed in the charging instrument,
statemont of facts or any Rilated or similar conduct shall be, entitJed to restitution.
9. Immunity from Further Pro1ecudon In thla Dbtrlct
The United States will not further criminally prosecute the defendant in the Eastern
DJstriot of Virginia for the specific conduct described in the lnfonnadon or statement of facts.
10. Defendant'• Cooperation
The defendant agrees to cooperate fully and truthfully with the United States, and provide
all infonnation known to the defendant regarding any criminal aotlvity as requested by the
govcmmenL In that regard:
a. The defendant agrees to testify truthfully and completely at any grand
juries, trials or other proceedings.
b. The defendant agrees to be reasonably available for debriefing and pre
trial conferences 88 the United States may require.
o. The defendant agrees to provide all dooumcmts, records, writJn or ---- -- --
materials of any k:Jnd in the defendant's possession or under the
defendant's care, custody, or control relating directly or indirectly to all
areas of inquiry and investigation.
s
Case 2:18-cr-00152-RGD-DEM Document 8 Filed 10/19/18 Page 6 of 12 PagelD# 15
d. The defendant agrees that, at the request of the United Statos, the
defendant will voluntarily submit to polygraph examinations,, and that the
United States will choose the polygraph exwniner and specify the
procedures for the examinations.
e. The defendant agrcca that Che Statement of Facts is limited to information
to support the pica. The defendant will provide more detailed facts
rielating to this oasc during ensuing dobrieflnga.
f. The defendant la hereby on notice that the defendant may not violate any
federal, state, or local criminal law while cooperatJng with the
government, and that. the government will, in Jts diaoretion. consider any
such violation in evaluating whether to file a motion for a downward
departure or reducdon of sentence.
g. Nothlng in this agreement places any obligation on the government to seek
the defendant's cooperation or aaaistance.
11. Uae of lnformaflon Provided by the Defendant Under Thfl Agreement
The United States will not use any truthful infonnation provided pursuant to this
egreemcnt in any criminal prosecution against tho defendant in lhc Eaatem District of Virginia.
except in any prosecution for a crime of vlolcmce or conspiracy to commit, or aiding and
abetting, e crime of violence (ea defined in 18 U.S.C. § 16). Pursuant to U.S.S.O. § 1 Bl .8, no
truthful information that the defendant providca under th.ii agreement will be used ln detcnninin - - -
lhe applicable guideline range, except u provided in Section I Bl .8(b). Nothing in thiJ plea
agm:mcnt, however, nstricts tho Court"s or Probation O.fficar's ae<:elB to lnfonnadon and
records in the poucasion of1he United States. FUfdtctmore, nothJng In tbia agreemant prevc
6
Case 2:18-cr-00152-RGD-DEM Document 8 Flied 10/19/18 Page 7 of 12 PagelD# 16
the govenuncnt in any way from prosecut.ing the defendant should the defendant knowingly
provide false, untruthful, or perjurioua lnfonnatlon or testimony, or from using infonnati.on
pr-0vided by the defendant in furtherance of any forfeiture action, whether criminal or civil.
administrative or judicial. The United States will bring this pica agreement and the full extent of
the defendant"s coopendion to the attention of other prosecuting offices if requested.
ll. Pro1ecutfon lo Other JurhdJcilons
The United States Attomeyts Office for the Bastem District of Virginia will not contact
any other state or federal prosecuting jurisdiction and voluntarily tum over truthful information
that the defendant provides under lhls agreement to aid a prosecution of the defendant in that
jurisdiotlon. Should any otherproaeeutingjurisdiction attempt to uac truthful information the
defendant providca punuant to thia agn,oment aplnst the defendant, the United States
Attomey•s Office, for the Eastern District of Virginia agrees, upon request, to contact that
jurisdiction and ask tha1jurisdiction to abide by the immunity provisions of this plea agreement
The parties understand that the proaccutingjurlsdiction retains the discretion over Whether to use
such infonnatJon.
13. Defendant Mu1t Provide Full, Complete and Truthful Cooperation
This plea agreement is not conditioned upon charges being brought against any other
individual. This plea agreement ia not conditioned upon any outcome in any pending
investigation. Th.is plea agreement is not conditioned upon any result in any future prosecution
which may occur bec_ause of the dofendant"a cooperation. This pica a~cment is not _
conditioned upon any result in any future grand jury presentation or trial involving charges
1
Case 2:18-cr-00152-RGD-DEM Document 8 Flied 10/19/18 Page 8 of 12 PagelD# 17
resulting from this investigation. This plea agreement Ja conditioned upon the defendant
providing full, complete and truthful cooperation.
14. Modon for • Downward Departure
The parties agree, that the United S'tates reserves the right to seek any departure from the
applicable sentencing guideUnes1 pursuant to Section 5Kl. I of the Sentencing Ou1delines and
Policy Statements, or any reduction of sentence purauant to Rule 35(b) of the Federal Rules of
Criminal Procedure, if, Jn Its sole discretion. the United Stales dctcnnincs that such a departure
or reduction of sentence is appropriate.
15. Breach of the Plea Agreement and RemedJes
This agreement is effective when signed by the defendant, the defendant's attorney, and
an. attorney for the United States. The defendant agrees to entry of this plea agreement at the.
date and time scheduled with the Court by the United States (in c-0nsultation with the defendant's
attorney). If the defendant withdraws from thJs agreement, or conunils or attempts to commit
any additional federal, state or local crimes, or intentionally gives materially false, incomplete, or
misleading testimony or Information, or otherwise violates any provision of this agreemen\ then;
a. The United States will be released from its obligalfona under this
agreement, including any obligation to seek a downward departure or a
reduction In sentence. The defendant, however, may not withdraw the
guilty plea entered pur1uant to this apement;
b. The defendant will be subject to prosecutl~n_!or ~y federal crimi~
violation, including, but not limited to, perjury and obstruction of justice,,
that is not time-barred by the applicable statute of Hmitations on the date
this agreement is signed. Notwithstanding the subsequent expiration of
8
C~se 2:18-cr-00152-RGD-DEM Document 8 Filed 10/19/18 Page 9 of 12 PagelD# 18
the statute of limitations, in any such prosecution, the defendant agrees to
waive any statute-of-limitations defense; and
c. Any prosecution, including the prosecution that ls the subject of this
agreement, may be prcmlBed upon any infonnation provided, or
statements made, by the defendant, and all such infonnatio111 statements,
and leads derived therefrom may be used a&ainst the defendant The
defendant waives any right to claim that statements made before or after
the date of this agreement, including the statement of facts accompanying
thl.s agreement or adopted by the defendant and any other statements made
pursuant to this or any other agreement with the United States, should be
excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. I l(f),
the Sentencing Guidelines or any other provision of the Constitution or
federal law.
Any alleged breach ofthls agreement by either party shall be detemtlned by the Court in
an appropriate proceeding at which the defendant's disclosures and documentary evidence shall
be admissible and at which the moving party shall be required to eatablJah a breach of the plea
agreement by a preponderance of the evidence. The proceeding established by this paragraph
does not apply, however, to the decision of the United States whether to file a motion based on
"substantial assistance" 88 that phrase is used in Rule 3S(b) of the Federal Rules of Criminal
Procedure and Section SKI.I of the Sentencing Guidelines and Policy Sta_!_ements. The
defendant agrees that the decision whether to file such a motion n::at, in the sole discretion of the
United States.
9
Case 2:18-cr-00152-RGD-DEM Document 8 Filed 10/19/18 Page 10 of 12 PagelD# 19
16. . Nature of the Agreement and ModJOcadon1
This written agreement constitutes the complete plea agreement between the United
States, the defendant, and the defendant's counsel. Tho defendant and the dofendant's attorney
acknowledge that no threats, promises, or representations have been made, nor agreements
reached, other than those act forth in writing in this plea agreement, to cause the defendant to
plead guHty. Any modification of this plea agreement shall be valid only as set forth in writing
in a supplemental or revised plea agreement signed by aJI parties.
G. Zachary Terwilliger United States Attorney
By: '-{(l,l,wJ/L t. ~ Melissa E. O'Boyle Stephen W. Haynie Assistant United States Attorneys United States Attorney's Offlco 101 West Main Street, Suite 8000 Norfolk, VA 23510 Office Number- 757-441-6331 Faosirnilo Number- 757-441-6689 B-Mail Address - [email protected] E-Mail Address - [email protected]
10
Case 2:18-cr-00152-RGD-DEM Document 8 Flied 10/19/18 Page 11 of 12 PagelD# 20
Defendant's Signature: I hereby agree that I have consulted with my attorney and fully
understand all rights with respect to the pending criminal lnfonnation. Further. J fully
understand all rights with respect to Title 18, United States Code, Section 3553 and the
provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea
agreement and carefully reviewed every part of it with my attorney. I understand this aAO""
and voluntarily agree to it.
Defense Counsel Shmuture: J am counsel for the defendant in this caso. I have fully
explained to the defendant the defendant's rights with respect to the pending information.
Further, I have reviewed Title 18, United States Code, Section 3553 and the Sentencing
Guidelines Manual, and I have fully explained to tho defendant the provisions that may apply In
this case. I. have carefully reviewed every part of this plea agreement with the defendant To my
knowledge, the defendant's decision to enter into this agreement is an infonned and voluntary
one.
Date: \ B-l C,-1 ~
ll
Case 2:18-or-00152-RGD-DEM Document 8 Flied 10/19/18 Page 12 of 12 PagelD# 21
U. S. DEPARTMENT OF JUSTICE Statement of Special Aaacssmcnt Accounl
Thia statcmcnl rcflocts your 1pccfal 11seument only. There may be other penalties Imposed at sentencing.
$100.00
INSTRUCTIONS:
I.
2.
3.
MAKE CHECK OR MONEY ORDER PAY ABLE TO: CLBRK, U. S. DISTRICT COC1RT
PAYMENT MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE
PAYMENT SHOULD BE SENT T01
In person (9 AM to 4 PM) I By mall:
Alexandrf• ca1e11 aertc. U.S. l>btrict Court ~01 Courthouse Squa,. Ale1andrfa, VA 223 U
Richmond ca1e1: Clerk, U.S. Dl1ttfct Court 701 Eut Broad Street, Suite 3000
RJcbmoncf. VA 23219
Newport Ne\Y1 cuu: Clerk. U.S. District Court
Norfolk cue11
4.
s.
1-COO Wat Ave, Ste 100 Newport Newa; VA 23607
Clerk, U.S. Dlatrfcl Court 600 Granby Streel Norfolk, VA 13510
INCLUDE DEJi'KNDANT•s NAME ON CHECK OR MONEY ORDER
ENCLOSE THIS COUPON TO ENSURE PROPER and PROMPT APPLICATION OF PAYMENT
12
Case 2:J.8-cr-00152-RGD-DEM Document 9 Flied 10/19/18 Page 1 of 6 PagelD# 22 I
IN THE UNITBD STATES DISTRICT COURT FOR THB
EASTERN DISTRICT OF VIROINIA
Norfolk Division
UNITED STA TBS OF AMBRJCA ) )
v.
JBRR Y MACK DOUGLAS, JR.
Defendant.
) CRIMINAL NO. 2:18orU2 ) ) ) )
STATEMENT OF FACTS
The parties stipulate lhat tho allegations in the infonnation and the following facts an,
true and correct; and that had lhc matter gone t.o trial, the United States would have proven them
beyond a reasonable doubt;
1. Jerry Mack Douglas, Jr. (hereinafter "Douglas .. ) was a licensed attorney with a
law praotloc located in Virginia Beach, Virginia. Douglu• practice specialized in ~I estate and
busineu law. As a result, Douglas often served as a settlement agent to close real estate
transactions.
2. In his capacity as settlement agent, Douglas regularly closod real estate
transactions for a local real estate agent, Listing .Broker #I. Douglas was well aware that Listing
Broker #J served as a listing agent for properties being sold by the United States Dopartmen1 of
Housing and Urban Dovolopmcnt (horolnafter "HUD''). Aa a HUD listing agent, Douglas also
knew that Listing Brokc,r ~ was prohibit! d from purchaains HUD _propcrdoa.
3. All of the listing broker agreements prohibited LJsting .Broker #1 from directly or
indirectly purchasJng HUD properties. For example. one of the Hating broker agm,ments
A TRUE COPY, TESTE: CLERK, U.S. DISTRICT COURT
BY~---~~~~·~"!'"-:"-----0 PUlYCLERK
~ase 2;18-cr-00152-RGD-DEM Document 9 Flied 10/19/18 Page 2 of 6 PagelD# 23
governing Usting Broker #1 provided aa follows:
[N]o property owned by HUD may ho purchased, whether as an owner occupant or as an investor, by Listing Broker, nor by any member of Listing Broker•, family by blood or marriage,, nor by any business partner or company with which Listing Broker baa any bonefioial Interest of any kind. Fu.rther, Listing Broker will not allow the purchase of any HUD owned home, whether u an owner occupant or as an Investor, by any employee, agent, associate, independent co.ntraotor, subcontractor, or hlrcc (collectively called uafflllatca''· nor by any member of the aflllfate'a family by blood or marriage, nor by any business partner or company whJch the affiliate has any bencfloial interest of any kind.
4. In October 20J I, Douglaa usisted Usting Broker #I in resolving a dispute with a
HUD Management and Marketing Contractor after the contractor learned that Listing Brokar #1
had purchased a HUD property in violation of the listing agreement. At that time, Douglas told
Listing Broker #1 via email "I do not suggest that you purchase HUD property.0
5. Despite his advice, Douglas nevertheless continued to U&ist Listing Broker #I to
purchase HUD properties despite knowing full well that HUD prohibited Ustlng Broker # J from
dlrectly or indirectly purohulng these properties. Douglas assisted Listing Broker #1 by, among
other things, serving BB the settlement agonl on these prohibited transactions and by using a
variety of methods to conceal Listing Agent #J's involvement in the purchase of HUD homes.
6. On or about August 14, 2014, Ustlng Broker#l conlracted to purchase a HUD
property located on Chantilly Court in Virginia Beach, Virginia. Listing Broker #1 contracted to
purchase the property using a partncnhip (hcrcin11ftcr "Partncnhlp # I '1 created fur the purpose
of concealing Listing Broker#l 'a Involvement in the transaction. Unbeknown to Douglas, tho
representative from Partnenllip #1 'a signature on the sales contraot _waa forged. Liatins Broker
# 1 also executed the contract u the broker for the transaction. Douglaa is listed ea the
designated closing agent.
2
<;:ase 2,18-cr-00152-RGD-DliM Document 9 Flied 10/19/18 Page 3 of 6 PagelD# 24
7. In early September 2014, Doug)as' firm prepared the closing documents for
Usting Broker# l •a purchase of HUD's Chantilly Court property . .Douglaa was well aware that
Listing Broker #1 was pun::huing this property fn contravention ofHUD's liating agreement, end
that he wu knowingly and wHlfully BSSlsting Listing Broker #I In concealing his involvement in
tho purchase.
8. On or about September 11. 2?14, Douglas closed Listing Broker #1 's pun::bosc of
HUD's Chantilly C-0urt property. On the HUD·l acttlement statement, Douglas listed
PartnershJp #I as the purchaser when, In truth and in fact, Douglaa was well aware that Listing
Agent # I was purchasing this proporty in prohJbitJon of Listing Broker #1 111 Usting agreement.
The Secmary of HUD was listed as the SelJer for th.is cash purehasc. The contract saloa price
was for $65,100. Douglas knowingly and willfully signed the HUD-I settlement statement aa
the Settlement Agent attesting that "'[t}o the beat ofmy knowledge, the HUD-I settlement
statement whi&h I have prepared is a true and accurate account of the funds which were received
and have been or will be disbursed by the undersigned aa pan of the settJement of thia
transaction. n
9. Douglas knowingly and willfully executed this HUD-J 8Cttlernent statement
despite knowing that it falsely represented that Partnenhip #1 waa purchasing the property when
- in truth and in fact- Douglas was well aware that Listing Broker #1 was purchasing the home
in. violation of his listing agreement Douglas failed to heed the warning li8ted in the HUD-I
settlement statement that stated: "It is a crime to knowingly make falac statements to tho United
States on this or any similar form."
J
C~se 3:18-cr-00152-RGD-DEM Document 9 Flied 10/19/18 Page 4 of 6 PagelD# 25 .
IO. Toe HUD conlractor would not have approved the sale of HUD·s Chantilly Court
property if he had known that Listing Agent #I was the true purchaser of the property. Douglas'
false representation on tho H~ 1 llettlemcnt statement was matcfial.
11. After the closing, Douglas caused the falsified HUD- I and other closing
documents to be sent to HUD.
12. Also on September 11, 2014, Douglas prepared and exeouted a second HUD-I
settlement statement for Listing Broker #I related to HUD's Chantilly Court property. This
HUD-1 reflected the "borrower'' as another partnenhip (hereinafter 1'Partnenhip #2).
Partnership #2 was controlled by Listing Broker #1 and a family member. The HUD-1 did not
identify the .. seller,., but identified Towne Bank as the "'lender,'' This Ht-JJ).l settlement
statement only reflected $2,729r42 in °aett1ement charges" comJng from the borrower.
13. Also op Sept.ember J J, 2014, at the cUrection of Listing Broker #I, Douglas
prepared a "Deed of Gift .. transferring tho property ftom Partnership #I to Partnerahip #1.. The
purported signature from the "'membef· of Partnership #1 was forged. Douglas executed the
Deed of Oift on the same day as the "manager" of Partnership #I.
14. On or about September 12, 2014, Towne Bank wired $47,000 into Douglas'
b\lsiness account located at Heritage Bank. Listing Agent #I and a family member, through
Piutnership #2, had applied for a $47,000 Joan from Towne Bank "to purobasc investment
property" located on Chantilly Court, Virginia Beach. At the direction of Listing Agont #I. on
September 18, 2014, Douglas wired the $47,000 from his account to a BB&T account in the
name of Partnership #2 controlled by Listing Broker #I and a family m~mbcr.
4
Case 2;18-cr-00152-RGD-DEM Document 9 Filed 10/19/18 Page 5 of 6 PagelD# 26 ' .
JS. On Scplember 25, 2014, Listing Broker #1 's family member cut a check for
$45,895 back to Doug]u's busJncss account at Heritage Bank. On October 31 2014, Douglas
wired the entirety of the funds back to Listing Agent #I.
16. Beyond his standard closing fees, Douglu dJd not receive any additional
fraudulent proceeds from Listing Broker #1 for assisting in these fraudulent transactions that
concealed Listing Broker #1 's involvement in purchasing HUD properties.
The defendant acknowledges that the foregoing statement of facts does not deacribc all of
her conduct relating to the offenses oharged in this matter
By:
0. Zachary Te.rwiUige,r United Slates Attorney
Melissa E. O'Boyle Sklphen W. Haynie Assistant United States Attomoys United Statea Attorney's Office 101 West Main Street, Suite 8000 Norfolk, VA 23 5 I 0 Office Number - 757-44 I -63 31 Facsimile Number- 757-441-6689 E-Mail Addmss • [email protected] E-Mail Address - [email protected]
~~se :l:18-cr-00152-RGD-DEM Document 9 Filed 10/19/18 Page 6 of 6 PagelD# 27
After consulting with my attorney and pursuant to the plea agreement entered into this
day between the defendant, Jerry Mack Douglas, Jr., and the United States, I hereby stipulate that
the above Statement of Pact& is true and accurate, and that had the matter proceeded to trial, th
United States would have proved the same beyond a reasonable doubt
I am Jerry Mack Douglas, Jr. 's attorney. I bavo carefully reviewed the above Statement
of Facts with rum. To my knowledge, his decision to stipulate to these facts is an informed and
voluntary one.
. Babineau -....:o.1n111eJ for Defendant
6
Case 2:.18-cr-00152-RGD-DEM Document 11 Filed 10/19/18 Page 1 of 3 PagelD# 29
IN THE UNITED STA TBS DISTRICT COURT FOR TIIE EASTERN DISTRICT OF VIRGINIA
NORFOLK/NEWPORT NEWS DMSION
UNITED STATES OF AMERICA,
V. CRIMINAL ACTION NO: 2: I Berl S2
Jerry Mack Douglas, Jr.
SENTENCING PROCEDURES ORDER
I. The sentencing hearing shall be scheduled no earlier than EIOHTY (80) DAYS following a
plea of guilty or verdict of guilty, and sentencing ls scheduled in this case at _ _._\ ....,\,..., _C\_ (V'"'\ _____ _,,
in Norfolk on __ fv\_k-~..____'--_\_~----+-I --'-=--()-· _l _q..,._~@- -+l \_O=--Q_a.. ___ :-1o,.;;_..a,. __
2. Counsel for the defendant is hereby given notice of the right to attend any interview of the
defendant conducted by the Probation Officer In the course of the presentencc investigation. Th,
Probation Offeur 1hall not tak, OlfY ~,a1,,,,,nts J,a,n ti,, d1/1ndant wltl,out th• pra,nu of coun11/.
3. The Preaentcnce Investigation Reporti lncludlng guideline computations, shall be completed
and provided to the partiea at least THIRTY-FIVB (35) DAYS prior to the sentencing hearing. A copy of
this policy statement shall operate as notice to counsel that the presentencc report will be t\Jmished by the
Probation Office THIRTY-FIVE (3S) DAYS prior to lhe sentench1g hearing. A copy of the prcsentencc
report may not be disclosed to persons other than the defendant ..
4. Jf, after a review of the prescntencc report, there arc no factors or faots material to guideline
computations in dispute, counsel shall file a stipulation signed by the defendant and all counsel within
F OURTEEN (14) DAYS after receiving the presentcncc report.
S. A party objecting to guideline detenninatlons or facts in the presentence report shall deUvcr
a written statement to the Probation Officer and opposing counsel within FOURTEEN (14) DAYS after
receiving the prcsentencc report setting forth any objections and any authoriticw'ie~PY, TESTE: C R~-0.~.-DISTRICT COU ·
B'( ~ DEPifCLERK
Case 2:.18-cr-00152-RGD-DEM Document 11 Flied 10/19/18 Page 2 of 3 PagelD# 30 ,
6. It is the obligation of the objecting party to acck resolution of such objections ln conference,
with opposing counsel and the Unlted States Probation Officer as soon u practicable, but no less than THN
( 10) DAYS prior to the sentencing hearing. This prescntence conference i11 mandatory when objections
effecting guideline computations are in dispute, and it Is the responsibility of the objecting party to schedule
it with the Probation Officer and opposing counsel.
7. If any objections are unresolved prior to the sentencing hearing, counsel for the defendant
and the government shaJI file a pleading entitled uPosition of Parties with Respect to Sentencing Facton."
( .. Position Paper'') containing all objcotlons and the grounds therefor, ln accordance with Section 6A 1.2 of
the Sentcmoio& Guidelines and Policy Statements (Oct. 1987) SEVEN (7) DAYS prior to the sentencing
hearing. A copy shall be delivered to the Probation Officer on the date of filing.
8. If evidence is sought to be presented at the sentencing hearing, the parties shall file as a part
of their 11Positlon Papcr0 an outline of such evidence, including: (1) a description of1he testimony of any
witnesses sought to be called; (2) aU documents, and (3) any affidavits. A copy shall also be filed with the
Probation Officer. The Court may resolve objections upon the submissions of the parties and will hear
witness testimony only for good cause shown.
9. The United States Probation Officer shall transmit to the sentencing judge tho preacntcnce
investigation report, Including guideline computations, and an addendum indicating any unresolved
objections by the parties with respect to the application of the guidelines SEVEN (7) DAYS prior to lhe
sentencing hearing.
I 0. AU motions for upward or downward departure, responses. and rebuttal shall be filed and
served FOURTEEN (14), SEVEN"(7), and FOUR (4) DAYS, respectively, be ore tho sentencing date. A -
copy shall also be delivered to the Probation Officer on the same dates.
11 . Failure of counsel to adhere to the times set forth in this Order shall result in written
notification to the Court by the Probation Officer, with a copy provided to alJ counsel.
Case 2:18-cr-00152-RGD-DEM Document 11 Filed 10/19/18 Page 3 of 3 PagelD# 31 ' J
12. The times set forth in thJs Order may be, modified by the Court for good cause shown. Time
pcrJods under this Order shall be CALENDAR days; no extra days for mailing shall be pennitted. Except
for the Prcsentence lnvcatigation Report itself, aJI papers and pleadings may be filed and served on
opposing counsel and the Probation Officer by facsimile mail, provided that such papen and pleadings
bearing one original signature are simultaneously served by regular mail. In computing any period of time
under this Order, If any deadline falls on a Saturday, Sunday, or holiday, the deadline shall ho the FIRST
(l") BUSINESS DAY after the Saturday, Sunday, or holiday.
It is SO ORDERED. ~ Douglas E. Miller, U.S. Magistrate Judge
I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF TIIE SENTENCINO PROCEDURES ORDER.
DATE
DATE
DATB
Case 2:18-cr-00152-RGD-DEM Document 12 Filed 10/22/18 Page 1 of 3 PagelD# 32
UNITED STATES DISTRICT COURT for the
Ea1tem D11trlct of Virginia
United States of America Y,
Case No. ______ _,,2 .... : luB~cc .... l.z.:52..__ __ _ JERRY MACK DOUGLAS. JR.
) ) ) ) )
ORDER SETflNG CONDITIONS OF RELEASE
IT JS ORDERED Chat the defendant'• release Is subject to these condlliOtt$:
(1) The defendant 1mm not violate (ederal. state, or local law while on release.
(2) The defendant must cooperate in the collect Ion of a DNA sample If it 11 authorized by 42 U.S.C. § 14135a.
(3) The defendant m\Jst 1dviso lho court ot the pretrial servlcea office or supervislns officer in writing before making any ohanse of roslden" or telophone number.
(4) Tho defendant must appear in court as required and, If convicted. must surrender as directed to serve a sentence that the court may Impose.
The defendant muit appcar 11: U;S, District Court. 600 Granby St,. Norfolk. VA 235 lO Ploc•
on ~ ___ ---.J .... t! ... Bful.£9 ______ __...atL...-_ _ ___ __.l .... l ..... :Q .... Q ... o,....ntL&t,~-~~-- ~ Dot, and nm,
IT IS FURTHER ORDERED that the, defendant be released on condition lhat:
(~) (5)
(~) (6)
The defendant promises to appear in court as required and surrender 10 serve sentence Imposed.
The defendant executes a PR Bond binding the defendant to pay to the United States for FTA.
A T UE COPY, TESTE: CLERK U.S. DISTRICT COURT
v D~
Case 2:18-cr-00152-RGD-DEM Document. 12 Filed 10/22/18 Page 2 of 3 PagelD# 33
AO 1998 (Rew. 12111) Addillonal Candillonso(llcleue
ADDITIONAL CONDITIONS OP RELEASE
IT IS FURTHER ORDERED thltl the delcndlnl's release u subject to the conditions marked below:
} (6) The defendant Is placed In the custody of: Person or orpnlatlon Addras (oaf, tfa"'- IIM or,a,ttiaJIOld ____________________________ _
City uid stale Tel, Na. --------------who eareu lo(•) 11.1pcrvbe the detcndanl, (b) UH every eflbn lo assure lhe defendant's appearance 1t all coun proc:eedlnp, and (e) nollty lhc coWI Immediately lr&h11 dcfendenl vloleta • condJUon of release or l1 no longer ln the CUllodian's custody.
Signed:
°"'' )(7) The dcfend1111 must: ( ) (1) rubmlt lo supervision by 111d nipon lbr supervision ro lhc
( ) (b) ( ) (c) () (d) () (c) ( ) (f)
telephone number_ no Iller than_. conlJnue or 1ctlvcly seek employmcnl. surmida Ill)' passport to: nol obbln I passport or other ln1emation1l tr1vcl document. abide by Ille fbllowlna rcslrictlons on personal USOC!lltlon, residence. or lre.vel · .... ----------------avoid all contact, dlrecUy or Indirectly. with any person wbo 11 or me,y be a victim or wllnCSS Ir, the lnvestlptlon or prosecution,
lncludl11g._• -------------------------------------) (&) maintain residence .. • ltallway hoUJa or comtnubll)' corm:tlan1 center, u tho pretrial services office or supel\lllJng offlc:er co11Jlden
ncc:45Sll)'. () (h) not possess a nreann. datrualve device, or other weapon. ( ) (l}not 111e alcohol ( ) at all O exceulvoly. ( ) O)nol use or unlawl\Jlly pos.sesJ • nlll'COl!c dnJa or other controlled subsLanccs denned In 21 U.S.C. I 802, untus prescribed by a licensed mcdlctl
practitioner. medical pnctilloncr.
( ) (k) subml110 testing for a prohibited subsllnee If required by the prelrlal lffl'lte1 office or 1upervlnn1 officer. Tesllna may be used with n.ndom frequency 1111d may tncludc urine testJna. lho wearing or a sweac patch, a remOle alcohol testing system. end/or any form of prottlbltcd subsunce screenlna or lcsting. The defendant must not obstruc1,, attempt 10 obslruct, or tamper with lho efficiency and accura.cy of prohibited aubstance IJCRftllna or testing.
( ) (l)partlcipate In I proanun orlnpaticnt or outpaJlent subslancc abuse therapy and counseling lr directed by the pretrial servlce.s office or supervlJlng officer.
( } (m) participate In ono orlhc Collowin1 location rcstricllon programs and comply with Its requlrc:menlJ as din:ctcd. ( ) (I) Curfew, You an: restrlcled to your residence every day ( ) f'rom _ lo or { ) as
dlrccced by the prcuial mvlllCS office or supenlslng officer; or ( ) (ii) Ha•• DetentJon. You are res4ricled 10 your residence 111 all limes except for employment; education; rcll1lou11CrVia:s; medlcal, subSlance abuse, or me,ital heallh treatment; anomey vlslt.si coun 1ppc:uanccs; court-ordered obliptlons; or other actMUcs approved In advance by the pretrial services office or super,,lsfna officer; or ( ) (Ill) Hume l.cuc..-.tJo•. You are restrictd to 2.4-hour-a-day lock-down 11 your esldence axccpt for mcdlcaJ necessities and. COUit 1ppearanca or ocher actMlla speclncaJly approved by the cou11.
( ) (n) submit 10 location rnonJioring as dln:dcd by the prdrial ICfVIOCI omce or supcrvls:lna officer and comply with all or the proarem rc.quircments and Instructions provided. ( ) You mull pay all or put orthe cost orlhe program based an your lblHI)' lo pay u determined by tho prclrlal Nolcc:s office or s.upervlllna officer.
( ) (o) report &1 soon u posslble, lO the pretrial scrvlcc.s office or supervising officrr, every contacl wllh law enrorccmcnl personnel, lndudin1 arruts, quC!tlonlng. or baffle scops.
) (p) ---------------------------- -----......,,..--( ) (q) -----------------------------------
- (- ) (r) ( ) (s) ( ) (I)
( ) (u) - -----------------------------------( )(\') ____________________________________ _ ( ) (w) ------------------- ----------------( ) (x) -------------=-- ---------------------( ) (y) ----------------------------------( ) (z)
Case 2:lB~cr-00152-RGD-DEM Document 1.2 Plied 10/22/18 Page 3 of 3 PagelD# 34
AO 199C {RC¥. 09/0I) Advice of PculUp
ADVICE OF PENALTIES AND SANCTIONS
TO THE DEPENDANT:
YOU ARE ADVISBD OF THE FOLLOWING PBNAL TIES AND SANCTIONS:
PlpJofJ
Violating any orthe foregoing conditions of release may result h1 the Immediate lssuanc.o oh warrant for yow- arrest, a revocation of yolU' release,, an order of detention. • forfelnu. of any bond, and a prosecution for contempt of court and could mult In imprisonment, a nno, or both.
While on nilcue, If you oommlt a federal felony offense the pUnlshmcnt 11 an addltlonaJ prison tenn of not more than ten years and for a foderal mbdemetnor off.eme the punbhment la an additional prison tmn of not more than one year. ThfJ sentence will be consecutive {I ... , In lddltJon 10) to Ill)' orher 1entenc1 you rec.Ive.
ll 11 a crime punlmable by up to ton )'1*1 In prison, and a $2.50,000 fine, or both, to1 obstruct• crlmlnal lnvestlptloni tamper with a wi1MSSt victim, or Informant~ retaliate or attempt ID re11U11e 1pln11 a wibless, vlcnim, or infonnant; or Intimidate or attempt to Intimidate a wilnels, vlctlm. Jutor, Informant, or offlter ofihe coun. The penaltiet for tampmns. rei.llatlon, or Intimidation are 1lgnlncantl)' more sctlous lflhey Involve a kllllna or ~mptcd kllllng.
lf1 after release. you lmowlnsly fill to appear•• the conditions ofrelcuo require, or to sumnder to serve a nntence, ynu may be pro1eeuted for fiJllna to appear or aumnder and addltJonal punlahment may bo Imposed. If you are convicted of:
(I) an offense punilhable by death. life Imprisonment, or lmprilonme for a tenn ofnfteen yean or more -you wUI be flned nor more than 1250.000 or Imprisoned for not more than 10 yean, or both;
(2) 1n offense punishable by Imprisonment for a term of nve ycan or more, but less than fifteen years - you wUI be nned not more than $250,000 or Imprisoned for noc more than five years, or both;
(J) any other retony - you will bo nned not more than $2-.50,000 or lmprtaoned not mon, th111 two yoan, or both; (4) a misdemeanor- you will be ftncd not more than SI 00,000 or Imprisoned not mote than one year, ot both. A term of Imprisonment Imposed for failure to appear or sun-ender will ho conscautlve lo any other aentence you ~cclve. ln
a.idlllon. a ftllure to appear or surrender ma)' result In the forfelttn or any bond posted.
Acknowl1d1ment of tie Defendant
I acknowledge thal I am the· defendant in dlla case and that I am aware of the conditions of release. I promise to obey aJI conditions of release, to appear e dlrecl.ed, and. sumnder to serve an)' sentence imposed. lam awaro of the pe111l1lcs and sanctions set f onh above.
Dlrectlona to the Uatted State, Marahal
( ~e defendant b ORDERED released after proc:e$9lna. . ( ) The United Shila marahtl ls OR0Sll8D to keep the defendant In custody llll1ll nodncd by the clcrlt or Judge that the
defendant bu posted bond and/or QOmplled with all other conditions for nleue. lf1tlll rn custody; die defendant mu11 be produced before the appropriate Judgo at the time and place specified. /ab.,
Oougtas ~. t,lille l ~;;j, (/ United Sta:es Ma.a:strate Judge JudldalQJ/lru'•~
Date:
Dougtu E. MOier. United Statu Magiltrata Judu
DISTRIBUTION1 COURT DErENDANT PRETRIAL SERVICE U.S. A TIORJ'11£Y U.S. ~tARSHAL
Case 2:lB·cr-00152-RGD-DEM Document 13 Filed 10/22/18 Page 1 of 2 PagelD# 35
UNITED STATES DISTRJCT COURT
United Stiles of America v.
JERRY MACK DOUGLAS, JR.
lhfandanl
for the
Eastern District of Virginia
) ) ) ) )
Case No. 2:18ct162
APPEARANCE BOND
Defendant'• Aareement
I, JERRY MACK DOUGLAS, JR (th/1ndont), agree to follow every order of thla court, or any court that consldcn this case. and I further agree that this bond may be forfeited If I fail:
( X ) to appear for court proceedings; ( X ) If convicted, to surrender ro serve a sentence that the court may Impose. or ( X ) to comply with all conditions set forth In lhe Order Sen Ing Conditions of Releue.
Type of Bond
( X ) ( 1) This Is a personal recognizance bond.
( ) (2) This Is an unsecured bond ofS - - ----'-----'--=--
( ) (3) This is a secured bond of S ------ ---- , secured by:
( ) (a) S -----'--- , In cash deposited with the court.
( ) (b) the agreement of the defendant and each surety to forfeit Che following cash or other property (ducrlN tit, ctuh or othtr f'l'OIHl1y, lncl"dlng claim, on II - st1ch as o 11111. mortgagr, or loan - and altach proof of
o,,,,wnhip OMI ,a/M1):
lflhls bond Is secured by real property. documents to protect lhe secured interest may be flied of record.
) (c) a bail bond with a solvent surety (attaclt a copy oftlN boll bond. or th,cr/b. /1 and t,unt{fy rh• ~wno,):
Portettun or Release of the Dond
Forfeiture of the Bond. This 1ppe•rance bond may be forfeited If the defendant does flOtcomply with lhe above agreement. The coun miy Immediately order the amount of the; bond sumndercd to the United Statca, lncludlng the seourhy for the bond, If the defendant does not comply with the agrcemeftl. At the request oflhe United States, the court may order ajudgmenl offorfelture agAlnst the defendant and each surety for the enll~~~~~f18
In~~• ud cml~ CLER~ ~~:·~ UAT
D PUTYCLEAK
Case 2:18-cr-00152-RGD-DEM Document 13 Filed 10/22/18 Page 2 of 2 PageID# 36Pasc 2
AO 91 (Rev. 12/l l)Appesrince Bood
Releaae Ofthe Bond. The court may order this appearance bond ended at any time. This bond will be satisfled and thesecurity will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports toserve a sentence.
Declmrallons
Ownership ofthe Property. I, the defendant - and each surety - declare under penalty ofperjury that:
(l) all owners ofthe property securing this appearance bond are included on the bond;(2) the property is not subject to claims, except as described above; and(3) I will not sell the property, allow furlher claims to be made against lt, or do anything to reduce Its value
while this appearance bond is In effect.
Acceptance. \, the defendant - and each surety - have read this appearance bond and have either read all the conditionsofrelease set by the court or had them explained to me. l agree to this Appearance Bond.
l, the defendant - and each surety - declare under penalty ofperjury Ihat this information is true. (See 28 U.S,C. § 1746.)
Date: ML<1/t~ c7*jlnSure*proputy owner-prlnled name Sur,4~Property owner -signatureand date
Sweo*operfy owner- printed nüme Swi,y/propaily ownu -:ignaturiand dote
Surtt>ýp,oßrty owner- printedname Surrt*property owner -signatureand date
CLERKOFCOURT
Date: I0/\ql\% Stwmn qfCIerkor D~putyCI,rkIst
Approved. [)our,la~.5. Mitlar~~ -
Date: 10<11- Ì 'k Urlitcci ©.9:69 i,l.ÌJ 5 ra.e JcdgeJwd:"å :ignan,re