DOJ-OGR-00000338.jpg
1.06 MB
Extraction Summary
9
People
4
Organizations
4
Locations
3
Events
1
Relationships
7
Quotes
Document Information
Type:
Legal document
File Size:
1.06 MB
Summary
This legal document is a portion of a prosecution filing arguing against granting bail to a defendant. The prosecution asserts that the defendant's wealth should not permit him to create a private, guard-monitored home confinement, citing legal precedent. It further argues the defendant poses an ongoing danger to the community, referencing a prior conviction for a sex crime with a minor and the discovery of a large collection of sexually suggestive photographs of underage females at his residence.
People (9)
| Name | Role | Context |
|---|---|---|
| Richard M. Berman | Honorable United States District Judge |
Addressed at the top of the document.
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| Nickerson, J. | Judge |
Mentioned in the citation for the Borodin case.
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| Defendant | Defendant |
The subject of the legal filing, whose request for bail is being opposed.
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| Bruno |
Name of a legal case cited: Bruno, 89 F. Supp. 3d 425, 432 (E.D.N.Y. 2015).
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| Borodin |
Name of a legal case cited: Borodin, 136 F. Supp. 2d at 134 (E.D.N.Y. 2001).
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| Zarrab |
Name of a legal case cited: Zarrab, 2016 WL 3681432, at *12.
|
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| Valerio |
Name of a legal case cited: United States v. Valerio, 9 F. Supp. 3d at 295.
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| Artis |
Name of a legal case cited: United States v. Artis, 607 F. App’x 95, 97 (2d Cir. 2015).
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| [Name] | Victim/Subject of photograph |
A placeholder name written on a disc label found at the defendant's residence: “Young [Name] + [Name].”
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States District Judge | government agency |
Title of Honorable Richard M. Berman.
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| E.D.N.Y. | government agency |
Abbreviation for the United States District Court for the Eastern District of New York, cited in legal cases.
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| 2d Cir. | government agency |
Abbreviation for the United States Court of Appeals for the Second Circuit, cited in a legal case.
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| Government | government agency |
Refers to the prosecution (United States Government) which conducted search warrants and found evidence.
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Locations (4)
| Location | Context |
|---|---|
|
Where the prosecution argues the defendant belongs instead of being released on bail.
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Mentioned as a place where the defendant could replicate a private jail.
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Location where discs with hand-written labels were found.
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Location where the defendant maintained a collection of photographic trophies.
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Relationships (1)
The defendant maintained a 'substantial collection of photographic trophies' of his victims, including discs with labels like 'Girl pics nude' containing photos of underage females.
Key Quotes (7)
"Even if Defendant had the financial capacity to replicate a private jail within his own home, this Court is not convinced that such a set of conditions would be sufficiently effective in this case to protect the community from Defendant, or that such disparate treatment based on wealth is permissible under the Bail Act."Source
— Bruno, 89 F. Supp. 3d 425, 432 (E.D.N.Y. 2015)
(Cited as legal precedent against allowing the defendant to use wealth to create home confinement.)
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Quote #1
"It is contrary to underlying principles of detention and release on bail that individuals otherwise ineligible for release should be able to buy their way out by constructing a private jail, policed by security guards not trained or ultimately accountable to the government, even if carefully selected."Source
— Borodin, 136 F. Supp. 2d at 134 (E.D.N.Y. 2001) (Nickerson, J.)
(Cited as legal precedent against allowing wealthy defendants to create private jails for bail.)
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Quote #2
"What more compelling case for an order of detention is there than a case in which only an armed guard and the threat of deadly force is sufficient to assure the defendant’s appearance?"Source
— Zarrab, 2016 WL 3681432, at *12 (quoting United States v. Valerio, 9 F. Supp. 3d at 295)
(Quoted to argue that the need for such extreme measures (round-the-clock guards) is itself a reason for detention.)
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Quote #3
"not so compelling as to defeat the presumption or to manifest clear error in the district court’s determination that no combination of release conditions . . . could reasonably assure against dangerousness and the risk of flight"Source
— United States v. Artis, 607 F. App’x 95, 97 (2d Cir. 2015)
(Cited to argue that a lack of a recent criminal record is not sufficient to overcome the presumption of danger for crimes like sex trafficking.)
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Quote #4
"Young [Name] + [Name],"Source
— Hand-written label
(Label on a disc found at the defendant's residence.)
DOJ-OGR-00000338.jpg
Quote #5
"Misc nudes 1,"Source
— Hand-written label
(Label on a disc found at the defendant's residence.)
DOJ-OGR-00000338.jpg
Quote #6
"Girl pics nude."Source
— Hand-written label
(Label on a disc found at the defendant's residence.)
DOJ-OGR-00000338.jpg
Quote #7
Full Extracted Text
Complete text extracted from the document (3,427 characters)
Case 1:19-cr-00490-RMB Document 11 Filed 07/12/19 Page 10 of 14
Honorable Richard M. Berman
United States District Judge
July 12, 2019
Page 10
United States District Judge
July 12, 2019
Page 10
Bruno, 89 F. Supp. 3d 425, 432 (E.D.N.Y. 2015) (“‘Even if Defendant had the financial capacity to replicate a private jail within his own home, this Court is not convinced that such a set of conditions would be sufficiently effective in this case to protect the community from Defendant, or that such disparate treatment based on wealth is permissible under the Bail Act.’”); Borodin, 136 F. Supp. 2d at 134 (E.D.N.Y. 2001) (Nickerson, J.) (“It is contrary to underlying principles of detention and release on bail that individuals otherwise ineligible for release should be able to buy their way out by constructing a private jail, policed by security guards not trained or ultimately accountable to the government, even if carefully selected.”).
If the defendant’s appearance can only be assured through use of round-the-clock guards, the defendant belongs in a federal detention center, not released under bail conditions that effectively create a private prison of one, using guards to be paid by the defendant himself. It is frankly outrageous for the defendant to suggest that preventing him from using his vast wealth to duplicate a private prison that cannot control, monitor, and contain him consistent with the requirements of the Bail Act would cause him to somehow “bear a special disadvantage.” Release Motion at 12 n.9. Indeed: “What more compelling case for an order of detention is there than a case in which only an armed guard and the threat of deadly force is sufficient to assure the defendant’s appearance?” Zarrab, 2016 WL 3681432, at *12 (quoting United States v. Valerio, 9 F. Supp. 3d at 295).
III. The Defendant Provides No Assurance He is Not a Danger to the Community and a Risk to Obstruct Justice
A. Danger to the Community
In the first instance, the defendant’s argument that 14 years without a criminal conviction eliminates “any danger presumption” should be rejected. Were that the case—which is certainly is not—a lack of criminal record for any defendant would automatically rebut the presumption applicable to crimes such as sex trafficking. That is manifestly incorrect. See United States v. Artis, 607 F. App’x 95, 97 (2d Cir. 2015) (finding that a defendant’s lack of criminal record was “not so compelling as to defeat the presumption or to manifest clear error in the district court’s determination that no combination of release conditions . . . could reasonably assure against dangerousness and the risk of flight”). Moreover, here, the defendant not only has a criminal record, but has been convicted of a sex crime involving a minor.
But the ongoing and forward-looking danger posed by the defendant is further demonstrated by the defendant’s maintenance of a substantial collection of photographic trophies of his victims and other young females in his mansion, as discovered by the Government through its search warrants. As indicated in the Detention Memo, the many discs found in the defendant’s residence included those with hand-written labels including the following: “Young [Name] + [Name],” “Misc nudes 1,” and “Girl pics nude.” Not surprisingly, the Government has found that such discs contain photographs of sexually suggestive photographs of fully- or partially-nude females appearing to be underage.
DOJ-OGR-00000338
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