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Document 20-cr00330

AI Analysis

Summary: The document argues that Ghislaine Maxwell is not a danger to the community and that the proposed bail conditions, including a significant bond, home detention, and asset monitoring, are sufficient to address the risk of flight. The defense compares Maxwell's case to that of Dominique Strauss-Kahn, who was released on bail under similar conditions.
Significance: This document is potentially important as it reveals the defense's argument for bail conditions that could secure Ghislaine Maxwell's release, and highlights the uniqueness of the proposed bail package.
Key Topics: Bail conditions for Ghislaine Maxwell Risk of flight assessment Preventive detention under § 3142(e)
Key People:
  • Ghislaine Maxwell - Defendant
  • Dominique Strauss-Kahn - Comparator in a previous case
Document Type
Court Filing
Date
Unknown
Pages
1
Folder
IMAGES007

Full Text

Case#: 20-cr00330-Agnt 39Document/2601 Filed02/23/21Page 8of 9 a assure her appearance as required. Before preventive detention may be ordered under § 3142(e), the Court is obliged to determine both whether the defendant is likely to flee the jurisdiction if released, and whether any conditions of release will be reasonably certain to guard against this propensity to flee. The Court expressed concerns and denied bail without indicating what conditions would be reasonably certain to assure Ms. Maxwell's appearance. Ms. Maxwell is no danger to the community and not alleged to have been involved in ongoing criminal activity. To say that there are absolutely no conditions flies in the face of cases where non-United States citizens with no ties to the district, let alone the country, were released on lesser conditions for alleged criminality ongoing up to or within hours of the time of arrest, in contrast to 26-year-old claims alleged against Ms. Maxwell.2 The additional conditions set forth above, which supplement the exceptional bail package previously proposed, are sufficient to address the hypothetical risk of flight and secure Ms. Maxwell's presence at trial. The financial magnitude of the proposed bonds, the collateral pledged to secure the bonds, the stringent requirements of home detention, the renunciation of foreign citizenship and monitoring of assets contained in a special account from which no funds can be withdrawn without the approval and signature of a retired federal District Court judge and former United States Attorney are conditions that amply satisfy the concerns expressed by the government and the Court. These conditions are unique and unprecedented. They profoundly 2 See Dkt. 97 at 34 (case-comparison chart in the Renewed Motion for Bail); cf. People v. Dominique Strauss-Kahn, 02526/2011(S.Ct. N.Y. County). Strauss-Kahn, a French citizen with no ties to the United States, was arrested on a Paris-bound flight at JFK minutes before takeoff and later charged with several counts of sexual assault, including felony charges punishable up to 25 years imprisonment, for sexual assault and attempted rape of a Manhattan hotel housekeeper on the day of his arrest. The accusations were corroborated by semen containing Strauss-Kahn's DNA on the accuser's uniform. The New York State Supreme Court granted bail in the amount of $1 million cash, 24-hour home detention electronic monitoring ankle bracelet, and private 24/7 security guards. After surrendering his French passport and posting an additional $5 million bail bond, Strauss-Kahn was placed under house arrest in a residence in Manhattan. See https://www.theguardian.com/world/2011/may/20/dominique-strauss-kahn-new-york-apartment. 8 DOJ-OGR-00020158