Professional Documents
Culture Documents
JEREMY P. ACHEY :
a/k/a Etiking
Attorney for the Eastern District of Pennsylvania, and Kishan Nair, Assistant United States
Attorney, moves for a detention hearing 1 and pretrial detention of the defendant pursuant to 18
U.S.C. 3142(e).
Defendant is a danger to the community and is also a flight risk. The government
seeks this Order, because no condition or combination of conditions will reasonably assure the
defendants appearance as required and/or the safety of other persons and the community. 2
I. THE FACTS
1
Under the Bail Act, a judicial officer shall hold a detention hearing upon motion of the
government in a case, as here, which involves either a crime of violence or a drug crime
punishable by imprisonment of ten years or more, or a crime with a maximum potential sentence
of life imprisonment, 18 U.S.C. 3142(f)(1)(A)-(C), or a crime which involves a serious risk
that the defendant will flee. 18 U.S.C. 3142(f)(2)(A).
2
The government must prove by a preponderance of the evidence that no conditions of release
reasonably will assure the defendants appearance or prove by clear and convincing evidence
that no conditions of release will assure the safety of the community. United States v. Himmler,
797 F.2d 156, 161 (3d Cir. 1986).
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1. There is probable cause to believe that the defendant has committed the
of MDMA], both Schedule I controlled substances, in violation of Title 21, United States Code,
Sections 802(32)(A), 813 and 841; and use of communications facilities in the commission of
narcotics offenses, in violation of Title 21, United States Code, Section 843(b), as charged in the
criminal complaint filed on June 26, 2017, in the Middle District of Florida, at docket no. 6:17-
mj-1512 (see complaint and warrant, hereby incorporated by reference at magistrate docket
number 17-864-1, and Attachment A). The defendant is both a danger to the community and a
risk of flight absent sufficient rebuttal by the defendant. See 18 U.S.C. 3142(e).
2. The evidence in this case is strong and will show that beginning on or
about February 27, 2017, defendant Jeremy P. Achey distributed analogues of controlled
substances and controlled substances in Bethlehem, Northampton County, in the Eastern District
of Pennsylvania, to the Middle District of Florida and throughout the United States. The
substances through the Dark Net, which criminal elements have used to conduct various criminal
activities, including illegal drug trafficking, because of the relative secrecy it provides allowing
the users to encrypt their communications. The evidence consists, in part, of approximately
twenty-five (25) federally court ordered search warrants, physical observations by law
enforcement, the defendants Mirandized, recorded confession, and seized controlled substances.
The defendant continued to deliver chemical substances even after he learned that an
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overdose death had occurred because of someone ingesting one of the substances he had
delivered (see Attachment A). Florida DEA agents continue investigating this overdose
overdose deaths that occurred in the 2017 calendar year. The people who died of overdose
deaths were all Dark Net customers of the defendant. Additionally, DEA-Allentown
agents seized physical evidence from the defendants Bethlehem residence including 27 different
powder and liquid substances that agents submitted to the DEA forensics laboratory for analysis.
Agents also seized blotter sheets typically used for LSD (acid). Other documentary evidence
included a June 24, 2017 note purportedly left on the porch of the defendants residence for
United States Postal Service parcel delivery, which stated, U.S.P.S. OUTBOUND, GO U.S.A.
and also a smiley face emoticon (see attached exhibit B). The Pennsylvania State Police
clandestine laboratory team had to secure the residence during the execution of a search warrant
B. Maximum Penalties
violation of Title 21, United States Code, Section 841, in which death or serious bodily injury
results from the use of such substance, he could be sentenced to a 20-year mandatory minimum
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C. Criminal Record
Achey has the following recorded adult criminal history: on August 21, 1993, at
age 19, the Irvington Police Department (New Jersey) arrested him for charges of loitering,
aggravated assault on law enforcement, resisting arrest, escape, and possession of a controlled
dangerous substance, analog, schedule 1, II, III. . On August 31, 1993, he pled guilty to
loitering and received a sentence of 10 days imprisonment and a $50 fine. According to NCIC,
on June 13, 1995, the Franklin County Sheriffs Department (Tennessee) issued an arrest warrant
for Achey involving a burglary investigation. DEA agents determined that although this warrant
is still active, it is non-extraditable. The defendant told DEA agents that during the time the
warrant issued, he was homeless and living in Tennessee, and he survived by selling items to
pawnshops. He said the warrant was a result of law enforcement authorities wanting to question
The defendant is a risk of flight because he may face at least a 20-year mandatory
minimum term of imprisonment. The defendant also has one active, non-extraditable arrest
The defendant has community ties in Bethlehem. He has been unemployed for
four years, and his only source of income appears to be the distribution of controlled substance
analogues trough the Dark Web. In his Mirandized Statement to DEA agents, the defendant
admitted to selling these substances through the Dark Web for 5 to 7 years.
II. LAW
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This Court should order detention of the defendant pending trial because he is
both a danger to the community and a serious risk of flight. 3 Because the defendant potentially
faces a sentence of up to twenty years imprisonment, see 21 U.S.C. 841(b)(1)(C), this Court
must presume that the defendant is both a danger to the community and a risk of flight absent
The legislative history of the Comprehensive Crime Control Act of 1983 indicates
that congress found that community or family ties do not weigh heavily in the risk of flight
analysis:
[Congress] is aware of growing evidence that the presence of this factor does not
necessarily reflect a likelihood of appearance, and has no correlation with the question of
the safety of the community [Congress] does not intend that a court conclude there is
Sen. Comm. on Judiciary, Comprehensive Crime Control Act of 1983, S. Rep. No. 98-225, 98th
III. CONCLUSION
Nothing short of 24-hour custody and supervision can ensure the safety of the
community. The conditions of release enumerated in the detention statute at Section 3142(c)
3 The government must prove by a preponderance of the evidence that no conditions of release
reasonably will assure the defendants appearance or prove by clear and convincing evidence
that no conditions of release will assure the safety of the community. United States v. Himmler,
797 F.2d 156, 161 (3d Cir. 1986).
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would serve only to inform the Court, after the fact, that the defendant has resumed his criminal
career. When all these factors are viewed in light of the substantial sentence defendant faces if
convicted, it is clear that no condition or combination of conditions will reasonably assure the
Respectfully submitted,
LOUIS D. LAPPEN
Acting United States Attorney
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JEREMY P. ACHEY :
a/k/a Etiking
AND NOW, this day of July, 2017, after an evidentiary hearing and
argument of counsel for the government and the defendant, the Court finds that:
(a) the defendant has failed to rebut the presumption that, based on the
charges in the complaint, he is both a danger to the community and a risk of flight pursuant to 18
U.S.C. 3142(e).
condition or combination of conditions will reasonably assure the appearance of the defendant as
required; and
(c) the government has proved by clear and convincing evidence that no
condition or combination of conditions will reasonably assure the safety of other persons and the
This case is appropriate for detention under Title 18, United States Code, Section
3142(e) because:
1. There is probable cause to believe that the defendant has committed the
of MDMA], both Schedule I controlled substances, in violation of Title 21, United States Code,
Sections 802(32)(A), 813 and 841; and use of communications facilities in the commission of
narcotics offenses, in violation of Title 21, United States Code, Section 843(b), as charged in the
criminal complaint filed on June 26, 2017, in the Middle District of Florida, at docket no. 6:17-
mj-1512.
about February 27, 2017, defendant Jeremy P. Achey distributed analogues of controlled
substances and controlled substances in Bethlehem, Northampton County, in the Eastern District
of Pennsylvania, to the Middle District of Florida and throughout the United States. The
substances through the Dark Net. The evidence consists, in part, of approximately twenty-five
(25) federally court ordered search warrants, physical observations by law enforcement, the
defendants Mirandized, recorded confession, and seized controlled substances. The defendant
continued to deliver chemical substances even after he learned that an overdose death had
occurred because of someone ingesting one of the substances he had delivered (see Attachment
A). Florida DEA agents continue investigating this overdose death attributable to the substance
delivered by the defendant, and an additional 19 overdose deaths that occurred in the 2017
calendar year. The people who died of overdose deaths were all Dark Net customers of the
defendant. Additionally, DEA-Allentown agents seized physical evidence from the defendants
Bethlehem residence including 27 different powder and liquid substances that agents submitted
to the DEA forensics laboratory for analysis. Agents also seized blotter sheets typically used for
LSD (acid).
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4. The strength and nature of the case against the defendant, combined with
the strong likelihood that the defendant will be incarcerated for a significant period of time,
offense punishable by 10 or more years in jail under the Controlled Substances Act, the Court
of conditions, will reasonably assure the safety of any person and the community. The defendant
the Attorney General for confinement in a correction facility separate, to the extent practicable,
from persons awaiting or serving sentences or being held in custody pending appeal; that the
defendant be afforded reasonable opportunity for private consultation with counsel; and that, on
order of a Court of the United States, or on request of an attorney for the government, the person
in charge of the corrections facility in which the defendant is confined deliver the defendant to a
United States Marshal for the purpose of an appearance in connection with a court proceeding.
BY THE COURT:
___________________________________
HONORABLE HENRY S. PERKIN
United States Magistrate Judge
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CERTIFICATE OF SERVICE
I certify that a copy of the Governments Motion for Pretrial Detention, and
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