DOJ-OGR-00001227.jpg
512 KB
Extraction Summary
2
People
2
Organizations
1
Locations
1
Events
1
Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
512 KB
Summary
This legal document details a court's reasoning for finding a defendant's proposed bail package insufficient to prevent flight risk. Despite proposals for home confinement, GPS monitoring, and custody by a family member, the court concludes that the defendant's vast unrestrained wealth means the financial package does not meaningfully mitigate the possibility of her fleeing.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
The subject of the court document, whose proposed bail package and flight risk are being evaluated.
|
| family member | Proposed third-party custodian |
Mentioned as a proposed condition for the Defendant's release, who would serve as her custodian.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| the Court | government agency |
The judicial body evaluating the Defendant's bail package and risk of flight.
|
| Pretrial Services | government agency |
The agency that would be responsible for the strict supervision of the Defendant if she were released.
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Timeline (1 events)
Evaluation of a defendant's proposed bail conditions to determine if they sufficiently mitigate the risk of flight.
Locations (1)
| Location | Context |
|---|---|
|
The geographical area to which the Defendant's travel would be restricted if released.
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Relationships (1)
The document states that a proposed condition for release is that the Defendant would be in the custody of a family member, who would serve as her third-party custodian.
Key Quotes (2)
"significant loans on the basis of a negative pledge"Source
— The Defendant
(Part of the Defendant's argument that her assets are encumbered and not easily accessible to fund a flight.)
DOJ-OGR-00001227.jpg
Quote #1
"illiquid hedge fund that could only be liquidated with considerable difficulty"Source
— The Defendant
(Part of the Defendant's argument that a $4 million investment is not readily available, used to downplay her financial ability to flee.)
DOJ-OGR-00001227.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,114 characters)
Case 2:16-cr-00330-AMD Document 108-2 Filed 12/30/20 Page 18 of 22
millions of dollars and other assets that she could sell in order to support herself. See Gov’t Opp’n at 23. Furthermore, the proposed bond is only partially secured. Taking into account the vast amounts of wealth left relatively unrestrained by the bail package, that amount, standing alone, cannot reasonably assure that she would appear before the Court. Nor is the Court’s conclusion altered by the fact that a number of third parties have pledged to support her bond; the amount of wealth that she would retain were she to flee, in addition to contingent assets and future income streams that are not accounted for in the bail package, would plausibly enable her to compensate them, in part or in full, for their losses. And while the Defendant argues that she has procured “significant loans on the basis of a negative pledge” over a property and that $4 million is invested in an “illiquid hedge fund that could only be liquidated with considerable difficulty,” see Def. Reply at 6, these arguments do not alter the Court’s ultimate conclusion that the financial package does not meaningfully mitigate the possibility of flight.
The proposed conditions also provide that the Defendant would be released to the custody of a family member, who would serve as the Defendant’s third-party custodian under 18 U.S.C. § 3142(c)(1)(B)(i); that the Defendant would be placed in home confinement with GPS monitoring and that her travel would be restricted to the Southern and Eastern Districts of New York and would be limited to appearances in Court, meetings with counsel, medical visits, and upon approval by the Court or Pretrial Services; that she would be under the strict supervision of Pretrial Services; and that she would surrender all travel documents. Id. at 2–3. Furthermore, the Defendant would have on-premises security guards who would prevent her from leaving the residence at any time without prior approval by the Court or Pretrial Services and who would escort her when she is authorized to leave. Id. at 3.
The proposed conditions also provide that the Defendant would be released to the custody of a family member, who would serve as the Defendant’s third-party custodian under 18 U.S.C. § 3142(c)(1)(B)(i); that the Defendant would be placed in home confinement with GPS monitoring and that her travel would be restricted to the Southern and Eastern Districts of New York and would be limited to appearances in Court, meetings with counsel, medical visits, and upon approval by the Court or Pretrial Services; that she would be under the strict supervision of Pretrial Services; and that she would surrender all travel documents. Id. at 2–3. Furthermore, the Defendant would have on-premises security guards who would prevent her from leaving the residence at any time without prior approval by the Court or Pretrial Services and who would escort her when she is authorized to leave. Id. at 3.
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DOJ-OGR-00001227
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