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A representative for the U.S. Probation Office had no immediate comment on Nikoula’s questioning by officers.
BANK FRAUD CONVICTION
Nakoula, whose name has been widely linked to the film in media reports, pleaded guilty to bank fraud in 2010 and was sentenced to 21 months in prison, to be followed by five years on supervised probation, court documents showed.
He was accused of fraudulently opening bank and credit card accounts using Social Security numbers that did not match the names on the applications, a criminal complaint showed. He was released in June 2011, and at least some production on the video was done later that summer.
But the terms of Nakoula’s prison release contain behavior stipulations that bar him from accessing the Internet or assuming aliases without the approval of his probation officer.
A senior law enforcement official in Washington has indicated the probation investigation relates to whether he broke one or both of these conditions.
A source with knowledge of the case has said the probation office was looking specifically into Nakoula’s possible involvement in making the YouTube film for violation of the terms of his release.
Violations could result in him being sent back to prison, court records show.
Clips of the film posted on the Internet since July have been attributed to a man by the name of Sam Bacile, which two people linked to the film have said was likely an alias.
A telephone number said to belong to Bacile, given to Reuters by U.S.-based Coptic Christian activist Morris Sadek who said he had promoted the film, was later traced back to a person who shares the Nakoula residence.
Stan Goldman, a Loyola Law School professor, said whether Nakoula is sent back to jail over potential probation violations linked to the film, such as accessing the Internet, was a subjective decision up to an individual judge.
“Federal judges are gods in their own courtrooms, it varies so much in who they are,” he said, noting such a move would be based on his conduct not on the content of the film.
As well as the fraud conviction, Nakoula also pleaded guilty in 1997 to possession with intent to manufacture methamphetamine and was sentenced to a year in jail, said Sandi Gibbons, a spokeswoman for the Los Angeles District Attorney’s Office.