DOJ-OGR-00000873.jpg
717 KB
Extraction Summary
3
People
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Organizations
3
Locations
2
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
717 KB
Summary
This legal document, filed on September 22, 2021, is a court memorandum outlining the Court's rejection of the Defendant's proposed conditions to mitigate her flight risk. The Court finds that the Defendant's offers to renounce her UK and French citizenship and to have a retired federal judge oversee her finances are insufficient to assure her appearance at future proceedings. The Court remains concerned about her ability to delay or resist extradition, especially given her substantial international ties.
People (3)
| Name | Role | Context |
|---|---|---|
| Defendant | Defendant |
The subject of the court document, who has proposed conditions to mitigate her flight risk, such as renouncing citize...
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| Cohen |
Mentioned in a case citation: United States v. Cohen, No. C 10-00547 (SI).
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| retired federal judge | retired federal judge |
Proposed by the Defendant to provide oversight authority over her financial affairs.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Court | Judicial body |
The judicial body making the determination about the Defendant's flight risk and proposed conditions.
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| Government | Government agency |
Presented arguments that persuaded the Court regarding the Defendant's flight risk.
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Timeline (2 events)
2021-09-22
The Court filed a document detailing its reasoning for finding the Defendant's proposed conditions (renouncing citizenship, financial oversight) insufficient to mitigate her flight risk.
Locations (3)
| Location | Context |
|---|---|
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Mentioned in relation to the Defendant's citizenship, which she offered to renounce, and potential extradition from t...
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Abbreviation for the Northern District of California, mentioned in a case citation.
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Mentioned in relation to the Defendant's French citizenship, which she was willing to renounce.
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Relationships (1)
The document describes the Government's arguments against the Defendant's proposals, which the Court finds persuasive, indicating an adversarial legal relationship.
Key Quotes (2)
"To summarize, the Defendant’s willingness to renounce her French and UK citizenship does not sufficiently assuage the Court’s concerns regarding the risk of flight that the Defendant poses."Source
— The Court
(The Court's summary conclusion regarding the Defendant's offer to renounce her citizenships.)
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Quote #1
"Nor does the second proposed condition materially alter the Court’s determination that no condition or combination of conditions can reasonably assure the Defendant’s appearance."Source
— The Court
(The Court's conclusion regarding the Defendant's proposal to have a retired federal judge oversee her finances.)
DOJ-OGR-00000873.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,080 characters)
Case 2:20-cr-00330-AJN Document 1892 Filed 09/22/21 Page 10 of 12
parallel those that the Court articulated when the Defendant proposed signing an extradition waiver. See Dec. Op. at 12–13.
Similar doubts exist as to the Defendant’s offer to renounce her UK citizenship. The Court is persuaded by the Government’s arguments that even if the Defendant were to renounce her UK citizenship, she would still likely be able to delay or resist extradition from the UK. See Gov’t Opp’n at 6–7. And for largely similar reasons, the Court again concludes that the proposed conditions do not meaningfully diminish the Court’s concerns regarding the Defendant’s ability to flee and to frustrate or impair any subsequent extradition attempts. The possibility that the Defendant could successfully resist or forestall extradition heightens the Defendant’s incentive to flee.
To summarize, the Defendant’s willingness to renounce her French and UK citizenship does not sufficiently assuage the Court’s concerns regarding the risk of flight that the Defendant poses. Considerable uncertainty regarding the enforceability and practical impact of the renunciations cloud whatever relevance they might otherwise have to the Court’s assessment of whether the Defendant poses a risk of flight. See United States v. Cohen, No. C 10-00547 (SI), 2010 WL 5387757, at *9 n.11 (N.D. Cal. Dec. 20, 2010). And that same uncertainty—and the possibility that she will be able to successfully resist, or at least delay, extradition—incentivizes flight, particularly because of the Defendant’s substantial international ties.
Nor does the second proposed condition materially alter the Court’s determination that no condition or combination of conditions can reasonably assure the Defendant’s appearance. The Defendant proposes to have a retired federal judge provide oversight authority over her financial affairs, and, if granted, he would have the authority to restrain, monitor, and approve disbursement of assets requiring his signature. See Reply at 5. The Court continues to have
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DOJ-OGR-00000873
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