UNITED STATES DISTRICT COURT

Transcription

1 Case 6:07-cr MLB Document 79 Filed 04/24/2008 Page 1 of 5 %>AO 199A (Rev. 6/97) Order Setting Conditions of Release Page I of Pages FILED u.s. DtllrlclCourt Dtatrtel ofkanslls UNITED STATES DISTRICT COURT APR 24 Z008?- By FOR THE District of KANSAS United States of America ORDER SETTING CONDITIONS v. OF RELEASE STEPHEN J. SCHNEIDER Case Number: WEB Defendant 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 offederal, 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, to be notified) 40 I North Market, Wichita, Kansas as directed Date and Time United States Courthouse Place on ---:::::...::===-- _ Release on Personal Recognizance or Unsecured Bond IT IS FURTHER ORDERED that the defendant be released provided that: ( V' ) (4) The defendant promises to appear at all proceedings as required and to surrender for service of any sentence imposed. ( /) (5) fendant executes an unsecured the defendant. to the United States the sum of llar :3:/.s: 1717&7 ) in the event 0 a failure to appear as required or to surren as irected for service 0 entence imp{)sed. 0/ DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICES U.S. ATTORNEY U.S. MARSHAL

2 Case 6:07-cr MLB Document 79 Filed 04/24/2008 Page 2 of 5 ORDER SETTING CONDITIONS OF RELEASE Page 2.. of :) 1. Defendant shall execute an Agreement to Forfeit, upon failing to appear as required, all of the property identified on Exhibit 1 to the Government's Motion to Revoke Appointment of Counsel (Doc. 16-2, pp. 3-6) as Item No's 1-3, 5-13,20 and The agreement shall be in substantially the same form as AO 100 (Rev. 11/07) (Agreement to Forfeit Property). In the event Defendant fails to appear as required, and upon a finding of the Court of such failure to appear, Defendant further stipulates that all of his right, title and interest in the property identified on Exhibit 1 to the Government's Motion to Revoke Appointment of Counsel (Doc. 16-2, pp. 3-6) as Item No's 1-3,5-13,20 and is forfeited to the United States and such forfeiture may be finalized and implemented in either Case No MLB or Case No MLB. 18 U.S.C. 3l42(c)(l)(B)(xi). 2. Defendant shall execute an Appearance and Compliance Bond on AO Form 98A (Rev. 11/07) (Appearance and Compliance Bond) in the amount of $325,000. No sureties or deposit of monies with the Clerk will be required in connection with the bond. 18 U.S.C. 3142(c)(l)(B)(xii). 3. Defendant shall be required to report to Pretrial Services as directed, and follow all instructions ofthe supervising officer. 18 U.S.C. 3l42(c)(1)(B)(vi). 4. Defendant shall be required to surrender his passport to the Clerk ofthe Court, and agree not to obtain any other passport. 5. Defendant shall abide by the following restrictions ofplace of abode or travel: Defendant shall not travel outside of Sedgwick County, Kansas, without prior written permission ofthe supervising Pretrial Officer; Defendant may, with prior written permission from the Pretrial Officer, travel to the Greater Kansas City Kansas/Missouri area for purposes of meeting and conferring with counsel. 18 U.S.C (c)(l)(B)(iv). 6. Defendant shall avoid all contact ofany type or manner, written or oral, direct or indirect, with any persons who are victims ofdefendant's alleged criminal conduct and any family members or estate representatives of such persons. For purposes ofthis Condition, a "victim" shall mean any of the family members or estate representatives of those patients of the Schneider Medical Clinic identified in Attachment 1 to the Indictment (Doc. 2), and three additional individuals, Rebecca T, Jane E and John D, all ofwhom

3 Case 6:07-cr MLB Document 79 Filed 04/24/2008 Page 3 of 5 ORDER SETTING CONDITIONS OF RELEASE '5' died of an alleged drug overdose. This provision shall not prohibit Defendant from having contact with any patient who is not a "victim" as defined in this Condition and who does not object to contact from the Defendant; provided however, that any such contact shall not violate any other Conditions of Release that prohibit Defendant from engaging, directly or indirectly, in any type of medical treatment or care of any patients or the dispensation, directly or indirectly, of any controlled substances to such patients and does not violate any other Federal statute, including specifically 18 U.S.C U.S.C. 3142(c)(1)(B)(v). 7. Defendant shall refrain from any possession of a narcotic drug or other controlled substances defined in 21 U.S.C. 802, unless prescribed for his specific use by a licensed medical practitioner. 18 U.S.C. 3142(c)(1)(B)(ix). 8. Defendant shall participate and abide by all the requirements of a program of home detention which restricts Defendant to his residence at all times except for employment, education, religious services, medical, substance abuse, or mental health treatment, attorney visits, court appearances, courtordered obligations or other activities as may be pre-approved by the pretrial services office or supervising officer. 18 U.S.C. 3142(c)(l)(B)(vii) & (xiii). 9. Defendant shall, in connection with the home detention required in paragraph 8 above, be subject to electronic monitoring or other location verification system such as a global positioning satellite. Defendant shall pay all costs of this monitoring to the extent that his financial condition permits. 18 U.S.C. 3142(c)(1)(B)(xiv). 10. Defendant is prohibited from entering the premises of the Schneider Medical Clinic without his defense counsel being present. 18 U.S.C. 3142( c)(1)(b)(xiv). 11. Defendant is prohibited from participating, directly, indirectly or in any fashion, in any medical consultation, recommendation or treatment of any person, and is further prohibited from engaging, directly or indirectly, in the business of operating any medical facility, clinic or other healthcare related 2

4 Case 6:07-cr MLB Document 79 Filed 04/24/2008 Page 4 of 5 ORDER SETTING CONDITIONS OF RELEASE Page 4 0 f 5 business by which healthcare services are rendered to patients; provided however, that this provision shall not prohibit Defendant from renting or leasing the physical premises of the Schneider Medical Clinic to another licensed medical practitioner so long as Defendant has no direct or indirect role in the operation of the facility or medical treatment or consultation concerning any patients who are treated at the Clinic. 18 U.S.C. 3l42(c)(1)(B)(xiv). 12. Defendant shall provide to Pretrial Services copies of any documents related to any agreement by Defendant to lease, rent, or otherwise allow other persons or entities to use the physical facility know as the Schneider Medical Clinic, and shall further provide any and all continuing information concerning any such arrangement at such times as Pretrial Services may request. Defendant shall insert in any future lease or agreement a provision which authorizes Pretrial Services to enter and inspect the Clinic premises for the purpose of determining compliance with these conditions of release or shall otherwise obtain from any person using the Clinic, now or in the future, a written consent and approval for such inspections. 18 U.S.C. 3l42(c)(1)(B)(xiv). 13. Defendant shall be financially responsible for the preservation of the medical records of all patients previously treated at the Schneider Medical Clinic and shall designate and compensate a custodian for such medical records in accordance with a prior order of the Court. (Doc.26.) 18 U.S.C. 3l42(c)(I)(B)(xiv). 14. Defendant shall notify the Court and the Attorney for the United States within forty-eight hours of any agency or court decision or action which has the legal effect ofreinstating Defendant's license to practice medicine in the State of Kansas. 18 U.S.C. 3142(c)(1)(B)(xiv). 15. Defendant shall not apply for or seek to obtain any DEA registration number which would allow him to dispense any Controlled Substances. 18 U.S.C. 3142(c)(1)(B)(xiv). 3

5 I99C (Rev.6/97) Advise of Penalties... Page of Pages TO THE DEFENDANT: Case 6:07-cr MLB Document 79 Filed 04/24/2008 Page 5 of 5 Advice of Penalties and Sanctions YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS: A violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of release, an order of detention, and a prosecution for contempt of court and could result in a term of imprisonment, a fine, or both. The commission of a Federal offense while on pretrial release will result in an additional sentence of a term of imprisonment of ofnot more than ten years, ifthe offense is a felony; or a term ofimprisonment ofnot more than one year, ifthe offense is a misdemeanor. This sentence shall be in addition to any other sentence. Federal law makes it a crime punishable by up to 10 years of imprisonment, and a $250,000 fine or both to obstruct a criminal investigation. It is a crime punishable by up to ten years of imprisonment, and a $250,000 fine or both to tamper with a witness, victim or informant; to retaliate or attempt to retaliate against a witness, victim or informant; or to intimidate or attempt to intimidate a witness, victim, juror, informant, or officer ofthe 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 required by the conditions of release, or to surrender for the service of sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of: (l) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, you shall be fined not more than $250,000 or imprisoned for not more than 10 years, or both; (2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, you shall be fined not more than $250,000 or imprisoned for not more than five years, or both; (3) any other felony, you shall be fined not more than $250,000 or imprisoned not more than two years, or both; (4) a misdemeanor, you shall be fmed 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 shall be in addition to the sentence for any other offense. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted. Acknowledgment of Defendant I acknowledge that I am the defendant in this case and that I am aware ofthe conditions ofrelease. I promise to obey all conditions ofrelease, to appear as directed, and to surrender for service ofany sentence imposed. I am aware ofthe penalties and sanctions set forth above. -' Directions to United States Marshal ( defendant is ORDERED released after processing. ( ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judicial officer that the defendant has posted bond and/or complied with all other conditions for release. The defendant shall be produced before the appropriate judicial officer at the time and place specified, ifstill in custody. Date: Ift1 C/.! :< (/'(2 zr I : Signature of Judicial Officer DiSTRiBUTION: COURT DEFENDANT PRETRiAL SERVICE U.S. ATTORNEY U.S. MARSHAL