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Man From Bahamas For $1.2M Credit Card Fraud Got 5 Years Now Pro Se Plea for Release

By Matthew Russell Lee, Patreon Podcast
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Nov 1 – 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 1, 2023, Judge Torres docketed: "ORDER as to Kevin Dion Rolle, Jr.: The Court has reviewed the letter motion filed by Marlon G. Kirton on October 27, 2023. ECF No. 166. The Court has also received a letter directly from Defendant, dated October 1, 2023, in which Defendant stated, Mr. Kirton no longer represents me, and sought to proceed pro se. Mr. Kirton's appointment pursuant to the Criminal Justice Act, see ECF No. 9, did not extend to Defendant's proposed motion for compassionate release. Accordingly, by November 8, 2023, Mr. Kirton shall file a letter with the Court. In the letter, should Mr. Kirton seek to be counsel for Defendant's compassionate-release motion, he shall request reappointment, confirming that he has spoken with Defendant and that Defendant wishes that he be reappointed as counsel for the purposes of Defendant's motion for compassionate release. Otherwise, Mr. Kirton shall confirm that he does not seek re-appointment. Mr. Kirton is directed to mail a copy of this order to Defendant. (Signed by Judge Analisa Torres on 11/1/2023)."

 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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