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Case 1:20-cr-00330-AJN Document 100 Filed 12/18/20 Page 7 of 36

time of her arrest. While a friend’s desire to avoid publicity may be understandable, a spouse’s desire to distance himself in that manner—particularly when coupled with the defendant’s inconsistent statements about the state of their relationship—undermine her assertion that her marriage is a tie that would keep her in the United States.³ As for the defendant’s asserted relationships with [REDACTED] and other relatives in the United States, the defendant did not appear to have an issue living alone without these relatives while she was in hiding in New Hampshire, which undercuts any suggestion that these ties would keep her in the United States. In any event, the defendant could easily receive visits from her family members while living abroad, and, as noted, the defendant has multiple family members and friends who live abroad.

In addition to those foreign connections and ample means to flee discussed further below, the defendant will have the ability, once gone, to frustrate any potential extradition. Attempting to downplay that concern, the defense relies on two legal opinions to claim that the defendant can irrevocably waive her extradition rights with respect to both the United Kingdom and France. (Mot. at 25; Def. Ex. U; Def. Ex. V). But the defendant’s offer to sign a so-called “irrevocable waiver of her extradition rights” is ultimately meaningless: it provides no additional reassurance whatsoever and, with respect to France, is based on an erroneous assessment of France’s position on the extradition of its nationals. (Mot. at 25).

As an initial matter, the Government would need to seek the arrest of the defendant before such a waiver would even come into play. Even assuming the defendant could be located and apprehended—which is quite an assumption given the defendant’s access to substantial wealth and

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³ Adding to this confusion, bank records reflect that when the defendant and her spouse established a trust account in or about 2018, they filled out forms in which they were required to provide personal information, including marital status. On those forms, both the defendant and her spouse listed their marital status as “single.” It is unclear why the defendant did not disclose her marital status to the bank, but that lack of candor on a bank form mirrors her lack of candor with Pretrial Services in this case, discussed further below.

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