Case5:09-cr-00058-RMW Document204 Filed10/22/12 Page1 of 5

Amended Petition for Arrest Warrant for Offender Under Supervision

Name of Offender
Rafic Labboun
Name of Sentencing Judge:
Date of Original Sentence:
Original Offense
Docket Number
CR 09-00058-1 RMW
The Honorable Ronald M. Whyte
Senior United States District Judge
July 19,2010
Counts One through Scven: Bank Fraud, 18 U.S.C. 1344( I), a Class B Felonies
Original Sentence: 27 months custody, and three years supervised release.
Special Conditions: Special assessment $700; restitution $102,213.99; access to financial
information; no new lines of credit or debt; search; no false identification and provide true
identity; not own or possess any firearms. ammunition, destructive devices, or other dangerous
weapons; DNA collection.
Prior Form(s) 12: On June 21, 2012, the Court modified the offender's conditions of supervised
release to include up to 90 days halfway house placement. Mr. Labboun was releasing from the
Bureau of Prisons and did not have an approved residence.
On July 25, 2012, the court issued a warrant for the offender's arrest based on a Petition for
Arrest Warrant for Offender Under Supervision filed by the U.S. Probation Office. The offcnder
was arrested on that warrant on September 9, 2012. On September 10,2012, the offender had an
Initial Appearance in the Southern District of Texas and following his waiver of the Identity
Hearing was ordered removed to the Northern District of California. On September 27,2012,
the offender appeared in the Northern District of California and the matter was set for a
Preliminary Hearing before Magistrate Judge Howard R. Lloyd on October 2, 2012, and a
Supervised Release Hearing beforc Your Honor on October 15, 2012. The Supervised Release
Hearing was subsequently continued to October 22, 2012, at 09:00 A.M.
Type of Supervision
Supervised Release
Assistant U.S. Attorney
Hartley M.K. West
Date Supervision Commenced
June 29, 2012
Defense Counsel
Mark Joseph Reichel (Retained)
NDC-SUPV-FORM 12C(2) 02126110
Case5:09-cr-00058-RMW Document204 Filed10/22/12 Page2 of 5
RE: Labboun, Rafic
CR 09-00058-1 RMW
2
Petitioning the Court
To take notice of the Amended Petition for Arrest Warrant for Offender Under Supervision;
specifically the inclusion of Charge Number Two to the petition for warrant filed on July 25,
2012.
I, Mariana R. Peter, a Probation Officer employed in the United States District Court for the
Northern District of California, solemnly affirm and declare, under penalty of perjury, that to the
best of my information and belief. the facts set forth in this affidavit are true and correct. The
factual affirmations made below are based on my personal knowledge, on official records or
documents generated and maintained by my agency in the course of performing its functions, on
official records or documents generated and maintained by other government agents or agencies
in the course of performing their functions, or on information provided to me orally or
electronically by employees or agents of other public agencies (information developed or
acquired in the course of performing official agency functions).
Charge Number
One
Violation
There is probable cause to believe that the offender violated standard
condition number six that he notify the probation officer at least ten days
prior to any change in residence.
The offender released from the Bureau of Prisons on June 29. 2012.
He arrived at the halfway house as scheduled and met with me for the
first time on July 6,2012. Mr. Labboun stated that a friend was willing
to pay for him to reside at a residential hotel in San Francisco and he
wished to move out of the halfway house. Initially, Mr. Labboun
provided a receipt for payment to the Hotel Mirabcll for rent from July
6, 2012 to July 13, 2012. Mr. Labboun was permitted to leave the
halfway house, as he was only there until he obtained an approved
residence. On July 13,2012, the offender submitted a payment receipt
for the Cable Car Court Hotel for rent from July 13,2012 to July 19,
2012. I met with Mr. Labboun again on July 16,2012, and he reported
that he recently obtained employment in Berkeley and would like to
move there. He was directed to obtain an apartment, submit a copy of
the lease to me, and then he would be pennitted to move.
When I did not hear from Mr. Labboun again, I began calling him and
leaving messages. His cell phone continues to go directly to voice
mail. On July 24, 2012, I went to his reported residence. I spoke to the
office manager, who said the offender moved out the morning of July
23, 2012. I attempted to contact the offender at the phone number he
provided for his place of employment, the call went to an unidentified
NDC-SUPV -FORM 12C(2) 0212611 0
Case5:09-cr-00058-RMW Document204 Filed10/22/12 Page3 of 5
RE: Labboun, Ratic
CR 09-00058-1 RMW
3
voice mai l box. Mr. Labboun maintains dual citi zenship with Lebanon
and the United States. At our first meeti ng, he asked about the return
of hi s passport and i I' he could travel to Lebanon. J-Ie was advised that
onl y the Court could approve his travel out side of the United States
and at present, the probation office would not support such travel. At
present, the offender's whereabouts are unknown.
Evidence in slIpport of this charge is the testimony of this officer.
Two There is probable cause to believe that the offender violated a
standard condition of supervised release that he not commit another
federal, state Ot' local crime.
The offendcr is in violation of 18 U.S.c. 1543 - Forgery or False
Usc of a !'assport, a Class C felony. Mr. Labboun was arrested in
Merida, Mexico, on September 9, 2012, and was in possession of
the Belize birth cettificate of one Wilhelm Dyck. Mr. Labboun
also had a Bclize dt'iver's license in the name of Wilhelm Dyck and
a Belize passport in the name of Wilhelm Dyc,," Mr. Labboun's
photograph was on the driver's license and passport. Mr. Wilhelm
Dyck of Belize is deceased. Mt .. Labboun was also in possession of
a flight itinerary for travel in the name of Wilhelm Dyck for that
same day, :\tId was arrested attempting to Icave Mexico for Beirut,
Lebanon.
Evidence in support of this charge is Department of Homeland
Security report number 1376538 and United States of Mexico
report number 543/2012.
Based on the foregoing information, we request that the Court take judicial noti ce of the
inclusion of Charge Two and incorporate such into the petition for warrant filed on Jul y 25,
2012.
Respectfully submi tted,
\ \ , c
Mariana R. Peter
Supervisory U.S. Probation Officer
Date Signed: October 17, 2012
Approved as to form:
Susan 1 !llo
Supervisory U.S. Probation Ollicer
NDC-SUI'V-FORM 12C(2) 02/26110
Case5:09-cr-00058-RMW Document204 Filed10/22/12 Page4 of 5
RE: Labboun, Rafic
CR 09-00058-1 RMW
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Having considered the information set forth above, the court finds there is probable cause to
believe there has been a violation of the conditions of probation and orders:
JH The Court takes notice of the Amended Petition for Arrest Warrant for Offender Under
Supervision; specifically the inclusion of Charge Number Two.
o Other:
Date Ronald M. Whyte
Senior United States District Judge
NDC-SUPV-FORM 12C(2) 02126110
Case5:09-cr-00058-RMW Document204 Filed10/22/12 Page5 of 5
RE: Labboun, Rafic
CR 09-00058-1 RMW
APPENDIX
Orade of Violations: B rUSSO 7B1.1 (a)(2), p.s.]
Criminal History at time of sentencing: I
Custody:
Supervised Release:
Probation:
Statutory Provisions
Counts 1-7: 3 years custody
18 U.S.C. 3583(e)(3)
Counts 1 -7: 5 years less any
time in custody
18 U.S.C. 3583(h)
Not applicable
Guideline Provisions
Counts 1-7: 4-10 months
USSG 7B 1.4(a), p.s.
Counts 1-7: 5 years less any
time in custody
USSG 7B 1.3(g)(2), p.s.
Not applicable
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NDC-SUPV-FORM 12C(2) 02126/10