Man From
Bahamas For $1.2M Credit Card Fraud Pled
Got 5 Years Now Civil Case Closed
By Matthew
Russell Lee, Patreon Podcast
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Nov 15 – Kevin Dion Rolle, a
citizen of the Bahamas, was
arrested in Puerto Rico on
charges related to a credit
card "bust out" scheme under
which using different names he
ran up charges over $1.2
million.
On
February 4, 2021 U.S. District
Court for the Southern
District of New York
then-District Judge Alison J.
Nathan held a detention
hearing, and Inner City Press
covered it, below.
On November
15, Rolle was sentenced by
Judge Nathan to 60 months in
prison.
Also docketed on
November 15, this: "ORDER OF
JUDICIAL REMOVAL as to Kevin
Dion Rolle, Jr. WHEREFORE, IT
IS HEREBY ORDERED, pursuant to
Section 238(c) of the INA, 8
U.S.C. § 1228(c), that the
defendant shall be removed
from the United States
promptly upon his release from
confinement, or, if the
defendant is not sentenced to
a term of imprisonment,
promptly upon his sentencing,
and that the defendant be
ordered removed to The
Bahamas. (Signed by Judge
Alison J. Nathan).
On
February 4, 2022 Judge Nathan
ruled "ORDER as to Kevin Dion
Rolle, Jr.: Mr. Rolle
requested the return of his
passports seized at the time
of his arrest. Dkt. No. 137.
The Court ordered the
Government to respond to this
request, which it did by
letter dated February 4, 2022.
Dkt. No. 141. The Government
explained that because the FBI
determined Mr. Rolle's Irish
passport to be fraudulent, it
will not be returned to Mr.
Rolle. The other nine
passports and forms of
identification that were on
Mr. Rolle's person, the
Government explains, will be
returned to him shortly before
his deportation. In light of
these representations, the
Court DENIES Mr. Rolle's
request. The Government
submitted an unredacted copy
of its letter to the Court,
Mr. Rolle, and Defense
counsel. The Court will file
that unredacted letter under
seal."
Jump cut to
November 15, 2022 - Rolle's
case was reassigned to
District Judge Analisa Torres
after Judge Nathan joined the
Second Circuit Court of
Appeals. On November 15, 2022,
Judge Torres ruled: "ORDER as
to Kevin Dion Rolle, Jr.
Movant, Kevin Dion Rolle, Jr.,
currently incarcerated in FDC
Miami in Florida, brings this
pro se motion under 28 U.S.C.
§ 2255 challenging the
judgment of conviction entered
in United States v. Rolle, No.
20 Cr. 594 (S.D.N.Y). Because
Movant has a pending direct
appeal before the Court of
Appeals for the Second
Circuit, United States v.
Rolle, No. 21-2900 (2d Cir.),
this § 2255 motion is
premature. The Court DENIES
the § 2255 motion without
prejudice to refiling after
disposition of the direct
appeal, should relief still be
necessary. Further, the Court
DISMISSES the civil case
opened for this motion. The
Clerk of Court is directed to
terminate all motions and
close 22 Civ. 9605. (Signed by
Judge Analisa Torres on
11/15/22)."
Rolle was
described as living, prior to
arrest and now detention in
Essex County Correctional
Facility, with his husband Mr.
Stefon Hall in Manhattan, and
traveling down to Florida to
meet with his triplets from
his now-deceased wife, brought
up from the Bahamas by his
mother.
When Rolle was
stopped and questioned on June
4, 2020 in the Dallas / Fort
Worth International Airport,
he had a credit card in the
name of his mother, Joan Marie
Rolle, who had used Royal Bank
of Canada account statements
in support of the card.
Some $481,517 in
charges were run up on the
card.
Rolle's
Criminal Justice Act lawyer on
February 4 argued for release
on $250,000 bond, and noted
among other things that the
U.S. Bureau of Prisons
appeared not to be covered by
the recent Due Process
Protection Act and amendments
to Rule 5(f).
But the
government's filing show in
Rolle's search history, for
example, "Jamaican diplomatic
passport" and "fake passport
Roosevelt avenue."
Judge
Nathan ruled that Rolle is a
flight risk and that no set of
conditions could reasonably
assure his appearance at
trial.
Then in later
April, this: "ORDER as to
Kevin Dion Rolle, Jr. The
Court received a letter from
Mr. Rolle, which is being
transmitted immediately to
defense counsel and filed
under seal. By 2:00 p.m.
tomorrow, April 30, 2021,
defense counsel shall indicate
if he has any objection to the
Court providing a copy of the
letter to the Government.
Among other matters raised in
the letter, Mr. Rolle
indicates that he wishes to
represent himself."
But docketed on
August 13 was an August 6
email from Rolle to Judge
Nathan (docketed by her, to
her credit) that "I pleaded
guilty on August 5 and the
Court scheduled a sentencing
for 22nd October. I am writing
to respectfully request the
Court to advance my
sentencing. I am concerned
that if the CDC eventually
revert its policies back to
one including total lockdowns,
this could leave me in a state
of limbo at MDC in Brooklyn."
Now on September
13, Judge Nathan has docketed
a handwritten letter from
Rolle in the MDC, mailed on
September 7, asking to move
his sentencing up from October
22 into September: "ORDER as
to Kevin Dion Rolle, Jr. The
Court received the attached
letter from Mr. Rolle. Because
Mr. Rolle is represented, all
communications with the Court
on his behalf must be through
counsel. Counsel should inform
the Court if an application is
being made on Mr. Rolle's
behalf. The Court will take no
additional action based on the
attached letter. The Clerk of
Court is respectfully asked to
mail a copy of this Order to
Mr. Rolle and note the mailing
on the public docket [**Mailed
this Order to defendant Kevin
Rolle at address: Register
#54230-069, MDC Brooklyn, 80
29th Street, Brooklyn, NY
11232**] (Signed by Judge
Alison J. Nathan on 9/13/21)."
Inner City Press
will continue cover this case.
It is US v.
Rolle, Jr., 20-cr-594
(Torres).
***
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