DOJ-OGR-00002248(1).jpg
692 KB
Extraction Summary
4
People
3
Organizations
0
Locations
2
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
692 KB
Summary
This legal document is a court's justification for ordering the pretrial detention of a defendant. The Court finds that the defendant has demonstrated a lack of candor, misrepresented her financial situation to Pretrial Services, and poses a significant flight risk. Despite a proposed $28.5 million bail package, the Court concludes that no conditions of release can reasonably assure her appearance, thus warranting her continued detention.
People (4)
| Name | Role | Context |
|---|---|---|
| Defendant | Defendant |
The subject of the court's analysis regarding pretrial detention, accused of lacking candor and being a flight risk.
|
| Defendant's spouse | Spouse of the Defendant |
Mentioned in relation to the Defendant's privacy concerns and as a co-signer on a proposed personal recognizance bond.
|
| English |
Referenced in a legal citation (English, 629 F.3d at 319) regarding the standard for proving a flight risk.
|
|
| Mercedes |
Referenced in a legal citation (quoting Mercedes, 254 F.3d at 436) within the citation for 'English'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Pretrial Services | government agency |
The agency to which the Defendant allegedly misrepresented key facts.
|
| the Court | government agency |
The judicial body making the determination on the Defendant's pretrial detention.
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| the Government | government agency |
The party arguing for the Defendant's detention, which the Court finds has met its burden of persuasion.
|
Timeline (2 events)
2020-07
The Defendant made representations to Pretrial Services that the Court later found to be woefully incomplete.
Relationships (1)
The document explicitly refers to the 'Defendant's spouse' and notes that the spouse would co-sign a proposed bond.
Key Quotes (1)
"a preponderance of the evidence that the defendant presents a risk of flight."Source
— English, 629 F.3d at 319
(The legal standard the Government must meet to justify pretrial detention based on flight risk.)
DOJ-OGR-00002248(1).jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (2,038 characters)
Case 1:20-cr-00330-AJN Document 106 Filed 12/30/20 Page 16 of 22
was the result of the Defendant’s misestimation rather than misdirection. And while the
Defendant’s concerns regarding her spouse’s privacy are not insignificant, she fails to furnish
any explanation as to why those concerns led her to misrepresent key facts to Pretrial Services
and, by extension, the Court. In sum, the evidence of a lack of candor is, if anything, stronger
now than in July 2020, as it is clear to the Court that the Defendant’s representations to Pretrial
Services were woefully incomplete. That lack of candor raises significant concerns as to
whether the Court has now been provided a full and accurate picture of her finances and as to the
Defendant’s willingness to abide by any set of conditions of release.
Defendant’s concerns regarding her spouse’s privacy are not insignificant, she fails to furnish
any explanation as to why those concerns led her to misrepresent key facts to Pretrial Services
and, by extension, the Court. In sum, the evidence of a lack of candor is, if anything, stronger
now than in July 2020, as it is clear to the Court that the Defendant’s representations to Pretrial
Services were woefully incomplete. That lack of candor raises significant concerns as to
whether the Court has now been provided a full and accurate picture of her finances and as to the
Defendant’s willingness to abide by any set of conditions of release.
For the reasons stated above, the Court concludes that the third factor continues to weigh
in favor of detention.
in favor of detention.
C. Pretrial detention continues to be warranted
In light of the reasons stated above, the Government has again met its burden of
persuasion by “a preponderance of the evidence that the defendant presents a risk of flight.”
English, 629 F.3d at 319 (quoting Mercedes, 254 F.3d at 436). Taking the § 3142(g) factors into
account, the Court concludes that the presumption in favor of detention, the nature and
characteristics of the charged offenses, the weight of the evidence, and the history and
characteristics of the Defendant all weigh in favor of detention. Along similar lines, the
Government has also shown, and the Court concludes for the reasons outlined below, that the
Defendant’s proposed bail package cannot reasonably assure her appearance. Thus, the Court’s
original conclusion that the Defendant poses a flight risk and that no set of conditions can
reasonably assure her future appearance remains unaltered.
persuasion by “a preponderance of the evidence that the defendant presents a risk of flight.”
English, 629 F.3d at 319 (quoting Mercedes, 254 F.3d at 436). Taking the § 3142(g) factors into
account, the Court concludes that the presumption in favor of detention, the nature and
characteristics of the charged offenses, the weight of the evidence, and the history and
characteristics of the Defendant all weigh in favor of detention. Along similar lines, the
Government has also shown, and the Court concludes for the reasons outlined below, that the
Defendant’s proposed bail package cannot reasonably assure her appearance. Thus, the Court’s
original conclusion that the Defendant poses a flight risk and that no set of conditions can
reasonably assure her future appearance remains unaltered.
As already noted, the Defendant now proposes a $28.5 million bail package, which
includes a $22.5 million personal recognizance bond co-signed by the Defendant and her spouse
includes a $22.5 million personal recognizance bond co-signed by the Defendant and her spouse
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DOJ-OGR-00002248
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