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612 KB
Extraction Summary
4
People
3
Organizations
0
Locations
1
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
612 KB
Summary
This legal document argues against granting a defendant's proposed bail package. The central claim is that the defendant has funneled the majority of her wealth to her husband over the past five years, and these are the same assets that would be used for the bail bond. Therefore, the husband would not be losing his own money if the defendant were to flee, diminishing the bond's effectiveness as a deterrent. The argument is supported by citing a Second Circuit ruling against bail systems that create a two-tiered system for wealthy versus non-wealthy defendants.
People (4)
| Name | Role | Context |
|---|---|---|
| defendant | defendant |
The subject of the legal filing, whose proposed bail package is being discussed. The document alleges she funneled he...
|
| defendant's spouse | Spouse of the defendant |
Mentioned as the recipient of the defendant's assets and the proposed co-signer of her bail bond. Also referred to as...
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| defendant's husband | Husband of the defendant |
Mentioned as the recipient of the defendant's assets. Same individual as 'defendant's spouse'.
|
| Boustani | Party in a legal case |
Mentioned in the case citation 'United States v. Boustani, 932 F.3d 79, 82 (2d Cir. 2019)'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Mentioned for its position at the original bail hearing that the defendant has considerable financial resources.
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| Court | judiciary |
The entity being addressed in the filing, which has the authority to grant or deny the defendant's bail package.
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| Second Circuit | judiciary |
A U.S. Court of Appeals cited for its holding regarding the Bail Reform Act and two-tiered bail systems.
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Timeline (1 events)
The original bail hearing where the Government argued that the defendant has considerable financial resources.
Court
Relationships (1)
The document states the defendant is female ('her wealth') and has a spouse/husband. It details a significant financial relationship where she 'funneled the majority of her wealth... into her husband's name' and that the assets for his proposed bail bond originated with her.
Key Quotes (2)
"the Bail Reform Act does not permit a two-tiered bail system in which defendants of lesser means are detained pending trial while wealthy defendants are released to self-funded private jails,"Source
— Second Circuit
(A holding from the Second Circuit cited in the document to argue against a specific type of bail condition.)
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Quote #1
"a defendant may be released on such a condition"Source
— Second Circuit
(A continuation of the holding from the Second Circuit, cited in the document.)
DOJ-OGR-00002189(1).jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,282 characters)
Case 1:20-cr-00330-AJN Document 100 Filed 12/18/20 Page 28 of 36
Setting aside whether the defendant’s spouse has additional assets beyond those included in the financial report, the vast majority of the assets contained in the report itself apparently originated with the defendant. (See Def. Ex. O at 10). Based on the report, it seems clear that the defendant slowly funneled the majority of her wealth to trusts and into her husband’s name over the last five years. As a result, if the Court were to grant the defendant’s proposed bail package and the defendant were to flee, her spouse would primarily lose the money that the defendant gave him rather than his own independent assets. In other words, were the defendant to flee, she would largely be sacrificing her own money and assets, thereby limiting the moral suasion of her spouse co-signing the bond. In sum, the defendant’s submission does not change the Government’s position at the original bail hearing that the defendant has considerable financial resources, and could live a comfortable life as a fugitive.
The combination of all these factors, including the defendant’s foreign ties, demonstrated ability to live in hiding, and financial resources, confirm that the defendant’s characteristics continue to weigh in favor of detention. Given the multiplicity of factors supporting detention, this is not one of the rare cases in which a private security company could conceivably be considered as a bail condition. See United States v. Boustani, 932 F.3d 79, 82 (2d Cir. 2019). The Second Circuit has squarely held that “the Bail Reform Act does not permit a two-tiered bail system in which defendants of lesser means are detained pending trial while wealthy defendants are released to self-funded private jails,” and that “a defendant may be released on such a condition
[REDACTED]
The Court need not resolve this question, however, because regardless of whether the defendant’s husband may have additional undisclosed assets, as discussed herein, the key takeaway from the financial report is that the vast majority of the spouse’s reported assets, upon which the proposed bond is based, originated with the defendant, meaning he would not be losing his own money if the defendant fled.
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DOJ-OGR-00002189
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