← Back to home

Document 20-13608

AI Analysis

Summary: The court is evaluating the Defendant's bail package and concludes that it does not sufficiently mitigate the risk of flight due to her significant wealth and assets. The proposed conditions include home confinement, GPS monitoring, and third-party custody, but the court remains unconvinced that these measures would prevent the Defendant from fleeing.
Significance: This document is potentially important because it reveals the court's reasoning for denying or considering bail conditions for the Defendant, and highlights the factors considered when assessing the risk of flight.
Key Topics: Bail conditions for the Defendant Risk of flight assessment Wealth and assets of the Defendant
Key People:
  • The Defendant - The individual whose bail conditions are being discussed

Full Text

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. 18 DOJ-OGR-00020145