EFTA00014629.pdf

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
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v.
19 CR 490 (RMB)
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JEFFREY EPSTEIN,
Bail Decision
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Defendant.
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New York, N.Y.
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July 18, 2019
11:30 a.m.
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Before:
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HON. RICHARD M. BERMAN
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District Judge
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APPEARANCES
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[REDACTED]
United States Attorney for the
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Southern District of New York
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[REDACTED]
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Assistant United States Attorneys
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MARTIN WEINBERG
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MARC FERNICH
JOMES BROCHIN
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MICHAEL MILLER
Attorneys for Defendant
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Also Present:
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[REDACTED] - Special Agent FBI
Detective NYPD
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[REDACTED] - Pretrial Services Officer
SOUTHERN DISTRICT REPORTERS, P.C.
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(Case called)
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THE COURT: I had hoped to have a written decision and
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order by now, which I don't, one that is regarding the
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release/remand of Mr. Epstein, which has been the subject of
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multiple written submissions and, as you all know, an in-court
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hearing on Monday, July 15, 2019. It is not quite physically
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produced yet and it needs to be cite checked, but I should have
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it on the docket in the next hour, two hours at most. What I
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will do, however, is state the conclusions in the decision and
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order, which I had said I would do, and summarize very briefly
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the contents of the ruling for you.
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Starting with my conclusions, the government's
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application for continued remand is hereby granted and the
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defense application for pretrial release is respectfully hereby
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denied. Written opinion to follow.
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In that opinion I will deal with all, I'll try to, all
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the principal issues which have been briefed. Even though it
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is not entirely necessary or legally required to consider both
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dangerousness to others and to the community as well as risk of
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flight, I have done so. I also deal with the defense's
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proposed bail package. There is obviously significant public
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interest in all of these legal issues, so I tried to cover them
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all as best I could.
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There are the following headings in the decision and
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order. First is a background section, followed by counsel's
SOUTHERN DISTRICT REPORTERS, P.C.
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submissions. Those are the written submissions: principally
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the indictment, the legal principles governing release versus
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remand, the presumption of remand in 18 U.S.C. section 1591
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cases, danger to others and the community. This topic has
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seven subsections and fills over ten pages of the decision and
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order. I think it is fair to say that it is the heart of this
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decision, that is to say, dealing with danger to others and to
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the community.
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Then I deal with risk of flight. That has four
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subsections or factors, which are substantially the same
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factors that are used to analyze dangerousness.
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Then, finally, the bail package proposed by the
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defense. Specifically, I find in the decision and order that
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the government has established dangerousness to others and to
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the community by clear and convincing evidence and also that
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the government has established risk of flight by a
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preponderance of the evidence. I also reject the proposed bail
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package as irretrievably inadequate and go on in some detail
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concerning what I consider to be its deficiencies.
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Incidentally, I am not suggesting that a different
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bail package would be appropriate because I doubt that any bail
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package can overcome danger to the community.
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I focus then on dangerousness to others, most
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certainly including the minor victims in this case and
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prospective victims as well. I cite and quote, for example,
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the compelling testimony of [REDACTED], who
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testified that they fear for their safety and the safety of
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others if Mr. Epstein were to be released.
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I also point out that the presumption of remand, as
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opposed to the presumption of release, is unusual in our
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jurisprudence and that it attaches only to very serious crimes,
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such as sex trafficking involving minor victims, as in this
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case some allegedly as young as age 14.
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I also discuss evidence of intimidation and threats
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and compensation paid to potential witnesses and the facts
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surrounding whether or not Mr. Epstein has been compliant with
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his legal obligations as a registered sex offender.
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When discussing risk of flight, which you obviously
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can tell comes after, in my analysis, dangerousness to the
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community, when discussing that aspect, risk of flight, the
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decision speaks to the seriousness of the charged crimes, to
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Mr. Epstein's great wealth and his vast resources, which
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include private planes and frequent international travel and
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also a foreign residence in Paris.
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I mention the items very recently seized from Mr.
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Epstein's New York City mansion pursuant to lawful search
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warrants, which include sexually explicit photos and discs,
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some $70,000 in cash, diamonds, and an expired Austrian
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passport with Mr. Epstein's photo but with a name that is
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different from Jeffrey Epstein, and also contains a reference
SOUTHERN DISTRICT REPORTERS, P.C.
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to Saudi Arabia as a residence.
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I think I have given you a fair account of the
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decision and order. As I said before, the written version in
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its complete form, which will be about 30 to 34 pages long I
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imagine, I hope will be available reasonably soon.
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One piece of business in light of today's ruling. I
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thought I would schedule a conference with the parties for
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Wednesday, July 31, at 11:00 a.m. That is not fixed in stone.
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If you all want to meet and confer and let me know if that is a
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convenient date, or I'm happy to accommodate you with another
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date as well.
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For the moment, I'll tentatively schedule a conference
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for July 31st at 11:00 a.m. and ask if there is an application
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for exclusion of speedy trial.
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[REDACTED]: Yes, your Honor. The government moves to
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exclude time under the Speedy Trial Act from today's date until
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July 31st.
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THE COURT: I am going to find under 18 United States
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Code section 3161 that adjournment to and including July 31 at
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11:00 a.m. is appropriate and warrants exclusion of the
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adjourned time from speedy trial calculations. I further find
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that the exclusion is designed to prevent any possible
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miscarriage of justice, to facilitate these proceedings, and to
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guarantee effective representation of and preparation by all
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counsel for both parties, both sides. Thus, the need for
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exclusion and the ends of justice outweigh the interests of the
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public and the defendant in a speedy trial pursuant to 18
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U.S.C. section 3161(h)(7)(A) and (B).
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Finally, a word about the proposed conference. From
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my point of view, it would be more or less a scheduling/case
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management type conference, but I'm happy to consider any
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issues that you might have at that time.
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I think that's it. Everybody, thank you for being
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here. We are adjourned.
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(Adjourned)
SOUTHERN DISTRICT REPORTERS, P.C.
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