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United States v. Jenkins

United States District Court, N.D. New York

November 4, 2014

UNITED STATES OF AMERICA,
v.
JOSEPH JENKINS, Defendant

Page 141

For Joseph Jenkins, Defendant: Randi Juda Bianco, LEAD ATTORNEY, Office of the Federal Public Defender - Syracuse Office, Districts of Northern New York & Vermont, Syracuse, NY.

For USA, Plaintiff: Tamara Thomson, LEAD ATTORNEY, Office of United States Attorney - Syracuse Office, Syracuse, NY.

Page 142

DECISION AND ORDER

ELIZABETH A. WOLFORD,[*] United States District Judge.

BACKGROUND

Defendant Joseph Jenkins (" Defendant" ) is charged in a single-count indictment with perjury in violation of 18 U.S.C. § 1621(2). (Dkt. 2). The matter arises from a Criminal Justice Act Form 23, Financial Affidavit (" CJA 23 Form" ) allegedly completed by Defendant in connection with a separate criminal proceeding.

The Separate Criminal Proceeding

On September 12, 2011, the Honorable Andrew T. Baxter, United States Magistrate Judge for the Northern District of New York, signed an arrest warrant in connection with a criminal complaint charging Defendant with one count of transporting child pornography, and one count of possessing child pornography. (Dkt. 16 at 1). On October 4, 2011, Defendant was arrested and brought before Magistrate Judge Baxter for an initial appearance on the criminal complaint. ( Id.). At that time, Defendant allegedly completed a CJA 23 Form in support of his request for assigned counsel. (Dkt. 15-2). On that form, Defendant allegedly certified under penalty of perjury that the information he provided was true and correct. ( Id.). Defendant allegedly claimed to be self-employed making $25,000 per year, with no other income sources. ( Id.). Defendant also allegedly indicated that he had $10,000 in a checking account and that his only property asset was a 2003 Dodge Ram valued at $8,000. ( Id.).

Magistrate Judge Baxter determined that Defendant was eligible for assigned counsel. ( Id.). On December 21, 2011, a federal grand jury indicted Defendant on the pornography charges. ( Id.). Defendant was convicted by a jury on both counts on February 6, 2014. ( Id.). Defendant is presently scheduled to be sentenced in that case designated as case number 5:11-cr-00602, on November 20, 2014, before the Honorable Glenn T. Suddaby,

Page 143

United States District Judge for the Northern District of New York.

This Criminal Proceeding

In the present matter, the Government claims that while housed at the Cayuga Correctional Facility, Defendant had multiple telephone conversations with his mother and father that were audio-recorded. ( Id. at 3). Based on these audio-recordings, a federal grand jury issued a subpoena for Defendant's financial records. ( Id.).

On January 31, 2014, a criminal complaint was filed charging Defendant with perjury, in violation of 18 U.S.C. § 1621(2), based on the answers Defendant had written on the CJA 23 Form. (Dkt. 1).

On March 5, 2014, a federal grand jury returned a one-count indictment charging Defendant with perjury. (Dkt. 2). The indictment alleges as follows:

On or about October 4, 2011, in Onondaga County in the Northern District of New York, the defendant, JOSEPH JENKINS, in a statement made under penalty of perjury as permitted under section 1746 of Title 28, United States Code, willfully subscribed as true a material matter which he did not believe to be true, that is the defendant completed a Criminal Justice Act Form 23 - Financial Affidavit and signed such form under penalty of perjury knowing that it was false because, as Jenkins well knew, he had substantially more assets than Jenkins declared on the form, and Jenkins submitted such form to the United States ...

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