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497 KB
Extraction Summary
4
People
3
Organizations
0
Locations
2
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
497 KB
Summary
This legal document outlines a court's reasoning for continuing the pretrial detention of a defendant. The Court finds that the defendant has demonstrated a significant 'lack of candor' regarding her finances, particularly in representations made to Pretrial Services, and therefore poses a flight risk. A proposed $28.5 million bail package is deemed insufficient to reasonably assure her appearance at future proceedings.
People (4)
| Name | Role | Context |
|---|---|---|
| Defendant | Defendant |
The subject of the court document, whose pretrial detention is being discussed.
|
| Defendant's spouse | Spouse of Defendant |
Mentioned as a potential co-signer on a proposed $22.5 million personal recognizance bond.
|
| English |
Cited in a legal case, `English, 629 F.3d at 319`, to establish a legal standard.
|
|
| Mercedes |
Cited in a legal case, `Mercedes, 254 F.3d at 436`, which was quoted in the English case.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Pretrial Services | government agency |
The entity to which the Defendant made 'woefully incomplete' representations about her finances.
|
| the Court | judicial body |
The decision-making body that concludes the Defendant should remain in pretrial detention.
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| the Government | government agency |
The party arguing for the Defendant's detention, which the Court found has met its burden of persuasion.
|
Timeline (2 events)
2020-12-30
The Court ruled that the Defendant's pretrial detention continues to be warranted due to a lack of candor and being a flight risk.
Relationships (1)
The document states the Defendant has a spouse who would co-sign a proposed $22.5 million personal recognizance bond.
Key Quotes (1)
"a preponderance of the evidence that the defendant presents a risk of flight."Source
— English, 629 F.3d at 319 (quoting Mercedes, 254 F.3d at 436)
(The legal standard cited by the Court that the Government has met to justify the Defendant's detention.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (2,038 characters)
Case 1:20-cr-00330-AJN Document 108-2 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.
For the reasons stated above, the Court concludes that the third factor continues to weigh
in favor of detention.
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.
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.
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
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
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DOJ-OGR-00001225
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