DOJ-OGR-00001935.jpg
634 KB
Extraction Summary
2
People
3
Organizations
1
Locations
3
Events
1
Relationships
2
Quotes
Document Information
Type:
Court transcript
File Size:
634 KB
Summary
This document is a court transcript from December 10, 2020, where an attorney argues against the detention of their client. The attorney refutes the government's claim that a perjury charge should warrant detention, framing it as a simple denial of guilt during a deposition and emphasizing the defendant's right to be presumed innocent. The speaker also notes the government has been investigating the case for ten years and requests the proceedings remain open to present more facts.
People (2)
| Name | Role | Context |
|---|---|---|
| your Honor | Judge |
Addressed by the speaker as the presiding judge in the court proceeding.
|
| the defendant | Defendant |
The subject of the legal proceeding, whose history, characteristics, and charges (including perjury) are being discus...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| government | Government agency |
The prosecuting party in the case, which has made arguments for the defendant's detention and brought a perjury charge.
|
| the court | Judicial body |
The entity responsible for performing the legal analysis (a '3142 analysis') and making decisions in the case.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
The court reporting agency that transcribed the proceeding, listed at the bottom of the page.
|
Timeline (3 events)
2020-12-10
An attorney presents an argument to a judge regarding the defendant's case, specifically addressing factors for detention and a perjury charge.
Courtroom
Unidentified speaker (attorney)
your Honor (Judge)
The government has been investigating the case for ten years.
A deposition where the defendant was asked a question, answered 'no', and was subsequently charged with perjury by the government.
the defendant
government representative
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as the location of a property related to the defendant, used as evidence against the idea that the defendan...
|
Relationships (1)
The government is the prosecuting party that has brought charges, including perjury, against the defendant and is arguing for their detention.
Key Quotes (2)
"They have been investigating this case for ten years, your Honor, okay?"Source
— Unidentified speaker (attorney)
(Emphasizing the long duration of the government's investigation while arguing that new facts have just been learned by the defense.)
DOJ-OGR-00001935.jpg
Quote #1
"First and foremost, the defendant is, of course, presumed innocent; and, secondly, the allegation and nature of the perjury... is someone who denies guilt... is asked in a deposition did you do that and says no, the government charges them with perjury."Source
— Unidentified speaker (attorney)
(Explaining the basis of the perjury charge as a simple denial of guilt during a deposition, arguing it should not heavily influence the detention decision.)
DOJ-OGR-00001935.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,646 characters)
Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 58 of 91 58
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1 regular contact with the government, is removed in a property
2 in the United States. That's the opposite of hiding. So we
3 think that those kinds of facts, I'm sure, your Honor, if your
4 Honor decides to keep the proceedings open and give us a chance
5 to come on some issues, I'm sure we will have some more facts
6 tomorrow and the next day, all with the disclaimer, we just
7 learned this, your Honor. They have been investigating this
8 case for ten years, your Honor, okay?
9 So let me turn now to another factor that the
10 government made argument about briefly, two more factors under
11 31(g)(3), the history and characteristics of the defendant. We
12 heard several times that there was a -- that detention should
13 be warranted because there is a perjury charge. Very quickly,
14 your Honor, we submit this does not tip the balance in the 3142
15 analysis that the court has to perform.
16 First and foremost, the defendant is, of course,
17 presumed innocent; and, secondly, the allegation and nature of
18 the perjury, if the court has been through the indictment, is
19 someone who denies guilt, who says they are innocent, is asked
20 in a deposition did you do that and says no, the government
21 charges them with perjury. That is not -- other than the fact
22 that it's an indicted charge, they are still entitled to the
23 weight the court would give a not indicted charge. That's all
24 the weight it should be given .
25 Let me turn to another factor that the government
2 in the United States. That's the opposite of hiding. So we
3 think that those kinds of facts, I'm sure, your Honor, if your
4 Honor decides to keep the proceedings open and give us a chance
5 to come on some issues, I'm sure we will have some more facts
6 tomorrow and the next day, all with the disclaimer, we just
7 learned this, your Honor. They have been investigating this
8 case for ten years, your Honor, okay?
9 So let me turn now to another factor that the
10 government made argument about briefly, two more factors under
11 31(g)(3), the history and characteristics of the defendant. We
12 heard several times that there was a -- that detention should
13 be warranted because there is a perjury charge. Very quickly,
14 your Honor, we submit this does not tip the balance in the 3142
15 analysis that the court has to perform.
16 First and foremost, the defendant is, of course,
17 presumed innocent; and, secondly, the allegation and nature of
18 the perjury, if the court has been through the indictment, is
19 someone who denies guilt, who says they are innocent, is asked
20 in a deposition did you do that and says no, the government
21 charges them with perjury. That is not -- other than the fact
22 that it's an indicted charge, they are still entitled to the
23 weight the court would give a not indicted charge. That's all
24 the weight it should be given .
25 Let me turn to another factor that the government
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001935
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