| Cooperator Rudy James Fled
Bronx For Georgia Amid COVID Now 2 More Years
Supervision
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY
COURTHOUSE, June 10 –
Rudy James was part of a
conspiracy to trick people
into paying unowed consumer
debts to Warrant Services
Association in Norcross,
Georgia.
He pled guilty in
2017 and was sentenced in 2017
to time served and three years
of supervised release, plus
$500,000 in restitution by
U.S. District Court for the
Southern District of New York
Judge Richard J.
Sullivan.
On June 10
Judge Sullivan, now on the
Second Circuit Court of Appeal
but still managing his old
SDNY cases, held a Violations
of Supervised Release
proceeding with James. Inner
City Press live tweeted it.
Probation officer
Adam Pakula listed two
specifications.
Judge Sullivan: I
sentenced you to time served
because of your cooperation at
trial. So I was disappointed
to get memo that you've barely
paid anything on restitution
of $500,000 to victims. You
took off and left the
jurisdiction, didn't think it
was a big deal. You said you
could "sit down" for 60 days.
But I could put you in jail
for up to two years. You
should be clear on that. Have
you seen the violations?
James: No.
Judge Sullivan:
You traveled to Jonesboro,
Georgia, a violation. You
failed to make a good faith
effort to pay restitution. Do
you admit or deny?
James' lawyer:
He's been on supervision for 3
years, living in The Bronx on
Kelly Street. He had no
problems. Mr. Pakula is more
recent. COVID hit, he was in
the South Bronx, the hottest
spot. He stayed in his little
apartment. His mother in
Atlanta begged him to come
down. He wasn't working. He
didn't call Probation. He
could have claimed he was in
the Bronx- it was a cell
phone. He makes $400 a
week--
Judge Sullivan:
10% was supposed to go to the
victims, I was very clear
about that.
James' lawyer: He
might go back to work when the
City re-opens.
Pakula: He
was allowed to go down to
Georgia for a court
appearance.
Judge Sullivan:
For what?
Pakula: I'll look
it up for the court later.
Then I spoke to him on
Facetime.
Judge Sullivan:
You're not impressed with his
attitude?
Pakula:
Correct. Judge Sullivan:
He's paid only $300 on the
$500,000 restitution. I was
disappointed, I made it clear
I take it seriously.
Pakula: He paid
$280 toward restitution.
Judge Sullivan:
Even $20 a week would mean
something. We'll get there in
a minute.Judge Sullivan: Do
you admit no good faith effort
to pay?
James: Yes.
Judge Sullivan:
Should we do sentencing
now?
AUSA Benet
Kearney: We don't recommend
ending supervised release.
Pakula: Two more years would
be warranted. And a couple of
months of prison.
James' lawyer: If
you jail him, he'll be
unemployed again. And I had a
client in the MCC who got
COVID. So jailing would defeat
the purpose.
Judge Sullivan:
Your client upped the ante in
his conversations with
Probation. He put jail time on
the table. Still, I'm not
inclined to incarcerate him.
Prisons are not the safest
place. And he didn't go to
Georgia to commit crimes. But
I'm thinking of extending
supervision, and having him
come in, not just call in.
When is Mr. James coming to
NY?
James' lawyer:
His employer says he'll open
in July, according to NYS'
plan. Maybe 2d week of July? I
don't think what the court is
proposing is
unreasonable.
James: I really
want to get back to being able
to take care of my kids. Maybe
I can get a loan to pay.... A
lot of jobs they won't hire
you if you have active
probation.
Judge Sullivan:
This is really about the
breach of trust. You got a
very serious break. So I am
disappointed. I did not expect
you to be back. I said, no
spitting on subway. No
resistution? I'm going to
order two more years of
supervised release. And $100 a
month in restitution. If you
start making more money, we
can increase it. I'm going to
allow you to stay in Georgia
until NY re-opens. Georgia is
probably safer for now. You're
to report in by phone or Zoom.
That will resolve this matter.
You have the right to appeal.
But it sounds like this is a
pretty good outcome. If later
you want to terminate early,
I'm open to that.
James: How
do I pay?
Judge
Sullivan: Mail or cashier. Are
you working remotely?
James: No we are
not working remotely.
Judge Sullivan:
Mr. Pakula, update me by
September. Thanks everybody.
Have a good day.
The case is US v.
James, 15-cr-307
(Sullivan).
***
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