DOJ-OGR-00001334.jpg
634 KB
Extraction Summary
5
People
4
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal filing / court brief (appellate)
File Size:
634 KB
Summary
This document represents page 17 of a legal brief filed on April 12, 2021, arguing against the release of Ghislaine Maxwell. The text asserts that Judge Nathan did not err in denying bail, citing Maxwell as a flight risk and noting the strength of the Government's evidence, which includes multiple victims and documentary corroboration. It discusses legal standards for temporary release under 18 U.S.C. § 3142(i) and cites relevant case law.
People (5)
| Name | Role | Context |
|---|---|---|
| Maxwell | Defendant/Appellant |
Subject of the bail denial; described as a flight risk with substantial history and characteristics warranting detent...
|
| Judge Nathan | District Court Judge |
Issued three decisions denying bail to Maxwell; found government established risk of flight by preponderance of evide...
|
| Scarborough | Case Citation Defendant |
Cited in United States v. Scarborough regarding burden of proof for temporary release.
|
| Belardo | Case Citation Defendant |
Cited in United States v. Belardo.
|
| McCloud | Case Citation Defendant |
Cited in United States v. McCloud regarding standard of review.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States Court of Appeals for the Second Circuit |
Implied by '2d Cir. 2021' citation and 'This Court' reference.
|
|
| District Court |
The lower court presided over by Judge Nathan (S.D.N.Y.).
|
|
| The Government |
The prosecution; established evidence against Maxwell.
|
|
| DOJ |
Department of Justice (indicated by Bates stamp DOJ-OGR).
|
Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Southern District of New York (cited in case law).
|
Relationships (1)
Judge Nathan presided over Maxwell's bail hearings and denied release.
Key Quotes (3)
"Judge Nathan did not commit clear error in finding, three times, that the Government established by a preponderance of the evidence that Maxwell is a risk of flight and no bail conditions could reasonably assure her appearance in court."Source
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Quote #1
"Judge Nathan explained that detention was appropriate in light of the nature and circumstances of the offense, which carry a presumption of detention"Source
DOJ-OGR-00001334.jpg
Quote #2
"the strength of the Government’s proffered evidence, which was based on multiple victims and contemporaneous documentary corroboration"Source
DOJ-OGR-00001334.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,467 characters)
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page17 of 25
determines such release to be necessary for preparation of the person’s defense or
for another compelling reason.” 18 U.S.C. § 3142(i). The defendant bears the burden
of showing that temporary release is necessary. See United States v. Scarborough,
821 F. App’x 598, 600 (6th Cir. 2020); United States v. Belardo, No. 20 Cr. 126
(LTS), 2020 WL 1689789, at *2 (S.D.N.Y. Apr. 7, 2020). This Court has not
resolved whether it reviews a district court’s temporary release decision for abuse of
discretion or clear error. See United States v. McCloud, 837 F. App’x 852, 853 n.3
(2d Cir. 2021).
for another compelling reason.” 18 U.S.C. § 3142(i). The defendant bears the burden
of showing that temporary release is necessary. See United States v. Scarborough,
821 F. App’x 598, 600 (6th Cir. 2020); United States v. Belardo, No. 20 Cr. 126
(LTS), 2020 WL 1689789, at *2 (S.D.N.Y. Apr. 7, 2020). This Court has not
resolved whether it reviews a district court’s temporary release decision for abuse of
discretion or clear error. See United States v. McCloud, 837 F. App’x 852, 853 n.3
(2d Cir. 2021).
B. Discussion
1. The District Court Did Not Clearly Err By Denying Bail
33. Judge Nathan did not commit clear error in finding, three times,
that the Government established by a preponderance of the evidence that Maxwell
is a risk of flight and no bail conditions could reasonably assure her appearance in
court. In three detailed, thorough decisions, rendered after hearing lengthy argument
and receiving multiple rounds of briefing, Judge Nathan explained that detention
was appropriate in light of the nature and circumstances of the offense, which carry
a presumption of detention; the strength of the Government’s proffered evidence,
which was based on multiple victims and contemporaneous documentary
corroboration; and Maxwell’s history and characteristics, including her substantial
that the Government established by a preponderance of the evidence that Maxwell
is a risk of flight and no bail conditions could reasonably assure her appearance in
court. In three detailed, thorough decisions, rendered after hearing lengthy argument
and receiving multiple rounds of briefing, Judge Nathan explained that detention
was appropriate in light of the nature and circumstances of the offense, which carry
a presumption of detention; the strength of the Government’s proffered evidence,
which was based on multiple victims and contemporaneous documentary
corroboration; and Maxwell’s history and characteristics, including her substantial
17
DOJ-OGR-00001334
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