Beyond The Horizon

ICYMI: Jeffrey Epstein Is Remanded To Custody (Part 1)

Our dive into the sick and twisted underbelly of Epstein's decades long crime spree continues in this episode as we look at the courts order to remand Jeffrey Epstein to custody after his arrest.

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to contact me:

bobbycapucci@protonmail.com

source:

Epstein-berman.pdf (courthousenews.com)

Duration:: 15m
Broadcast on:: 02 Jul 2024
Audio Format:: mp3

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The issue before the court is whether the defendant should continue to be remanded, incarcerated, pending trial, or whether he should be granted release while the case proceeds. No matter the answer to this question and no matter what has been said in court in analyzing the matter, this is a criminal case and the defendant Jeffrey Epstein is innocent of the federal charges, alleged against him now, and until such time if it comes that a jury in a court finds after fair and thorough consideration of the facts and the law that he is guilty. See transcript dated July 8, 2019. It should also be borne in mind that the court has not yet been presented with a motion to dismiss the indictment. This is a federal, as opposed to a state case, we proceed under federal law and federal rules. The key federal statute that applies here is US 18 section 1591, which sets forth the crime of sex trafficking with which Mr Epstein is charged. Mr Epstein is also charged with conspiring with others to commit sex trafficking under US code 18 section 371. So he's allegedly conspiring with others here, but nobody else gets charged. There's no Rico case. I wonder why with respect to the issue of remand versus release, US code 18 section 31 42 applies. It sets forth a presumption in favor of remand and exception to the presumption in most cases, which favors pre trial release. Section 31 42 states that if there is probable cause to believe that the person committed an offense involving a minor victim under section 1591, then it shall be presumed that no condition or a combination of conditions will reasonably assure the appearance of the person as required and the safety of the community. US code 18 section 31 42 E3 and D. See United States versus martyr 782 F dot 2 D 1141 1144 second circuit 1986. The indictment in this case was returned by a grand jury, thus establishing probable cause that the defendant committed the crimes of sex trafficking and sex trafficking conspiracy. See United States versus Contreras 776 F dot 2 D 51 55 2 D second circuit 1985. An indictment returned by a duly constituted grand jury conclusively establishes the existence of probable cause for the purpose of triggering the rebuttal presumptions set forth in section 31 42 E. In most federal cases, there are a subtle presumption that applies favors pre-trial release not remand. There is another very important issue to be considered in this case. It has to do with victims of the crimes charged in the indictment. Victims refer to the minor girls who are alleged to have been sexually trafficked by the defendant. Under US code 18 section 3771, victims are entitled to be heard in court, including on the question of whether the defendant is to be released or remanded. Victims have, among other things, been given the opportunity to testify at the bail hearing. B. Council submissions. The government's letter application dated July 8th, 2019, requests that the court remand Mr. Epstein. It argues that Mr. Epstein poses an acute danger to the community and grounded in past experience with the defendant that if Mr. Epstein is allowed to remain out on bail, the defendant could attempt to up pressure and intimidate witnesses and potential witnesses, in this case, including victims and their families and otherwise attempt to obstruct justice, docket 11, example 1 at 1. The government also contends that in light of the strength of the government's evidence and the substantial incarceratory term the defendant would face upon conviction, there is an extraordinary risk of flight, particularly given the defendant and his significant international ties. The government also provides the following background information. In or about 2005, the defendant was investigated by local police in Palm Beach, Florida, in connection with allegations that he committed similar sex offenses against minor girls. The investigation ultimately also involved federal authorities, namely the US Attorney's Office, for the Southern District of Florida, and the FBI's Miami office, and included interviews with victims based in the Palm Beach area, including some of the alleged victims relevant to count one of the instant indictment. In the fall of 2007, the defendant entered into a non-prosecution agreement with the Southern District of Florida in connection with the conduct at issue in that investigation, which the non-prosecution agreement identified as including investigations into the defendant's abuse of minor girls in the Palm Beach area, IDEA 3. In June 2008, the defendant pleaded guilty to Florida's state count to one count of procuring a person under the age of 18 for prostitution, a felony, and one count of solicitation of prostitution, also a felony. As a result, the defendant was designated a sex offender with registration requirements under the National Sex Offender Registration and Notification Act. The defense moved on July 11, 2019 for a pretrial release of Mr. Epstein, arguing that Mr. Epstein's strict compliance with the various monitoring requirements associated with the sex offender, registration actually decreases any danger that he might otherwise pose, and also that Mr. Epstein has never once attempted to flee the United States. The defense proposes what they describe as a stringent set of 14 conditions that will effectively guarantee Mr. Epstein's appearance and debate any conceivable danger that he is claimed to present, IDEA 1. The 14 conditions do not include private security guards 24/7. The 14 conditions do include one home detention in Mr. Epstein's Manhattan residence, with permission to leave only for medical appointments as approved by pretrial services, including at the court's discretion, the installation of surveillance cameras at the front and rear entrance to ensure compliance, electronic monitoring with global positioning system, three, an agreement not to seek or obtain any new passport during the pendency of this matter, four, consent to the U.S. extradition from any country and waiver of all rights against such extradition, five, a substantial unspecified, personal recognizance bond in the amount set by the court after reviewing additional information regarding Mr. Epstein's finances, six, the bond shall be secured by a mortgage on the Manhattan residence valued at roughly $77 million. Mr. Epstein's private jet can be pledged as further collateral, seven, Mr. Epstein's brother will serve as a co-surity of the bond, which shall be further secured by a mortgage on Mark's home in West Palm Beach, Florida. Mr. Epstein's friend David Mitchell will also serve as a co-surity and pledge his investment interests in two properties to secure the bond. Mr. Epstein shall de-register or otherwise ground as private jet. Number nine, Mr. Epstein shall demobilize ground and/or de-register all vehicles or any other means of transportation in the New York area, providing particularized information as to each vehicle's location. Ten, Mr. Epstein will provide pretrial services and/or the government random access to his residences. Number 11, no person shall enter the residences, other than Mr. Epstein and his attorneys without prior approval from pretrial services and/or the court. 12, Mr. Epstein will report daily by telephone to pretrial services or any other schedule the court deems appropriate. 13, a trustee or trustees will be appointed to live in Mr. Epstein's residence and report any violation to pretrial services and/or the court. 14, any other conditions the court deems necessary to reasonably assure Mr. Epstein's appearance. I've got Dan Morgan here on the pod. Say hi, Dan. Hey, how's it going today? It's going good, man. Tell us who you are and what you do. I'm Dan Morgan. I'm an attorney and a managing partner at Morgan and Morgan, which is America's largest injury law firm. That's pretty awesome. Why do you guys think you win so many cases? The insurance companies and other companies that we go against know that we're going to take it to the end that we believe in the case. So we fight for every dollar and we're not afraid to go that extra mile for our clients. Our insurance company is actually afraid of you guys. We don't bluff. We take it to trial and we are not strangers of getting very, very, very large verdicts. Awesome. So how does someone get in contact with Morgan and Morgan? What would I do if I got into an accident? Probably the easiest way is dialing pound law. That's pound 529 from your cell phone and our call center is always waiting to take your call 24/7/365. Wow, Dan Morgan from Morgan and Morgan, America's largest injury law firm. Thanks for coming by the show. Thanks for having me. Visit ForThePeople.com for an office near you. I'm Victoria Cash and I want to invite you to a place called Lucky Land, where you can play over a hundred social casino style games for free for your chance to redeem some serious prizes. So what are you waiting for? The best way to discover your luck is to spin. So go to LuckyLandSlots.com. That's LuckyLandSlots.com and get lucky today at Lucky Land. No purchase necessary. VTW Group, void we're prohibited by law 18 plus terms and conditions apply. Idea three and four. The defense also proposes as a fallback round the clock privately funded security guards, which will virtually guarantee not just reasonably assured Mr. Epstein's presence in the circumstances of the case. The bell package originally was not accompanied by a financial statement reflecting Mr. Epstein's finances. However, on July 12 2019, the defense filed a one-page document, which includes five groups of assets owned by Mr. Epstein totaling 559,120,954. The government responded to the defense motion on July 12 2019, arguing among other things that Mr. Epstein has a history of obstruction and manipulation of witnesses, including as recently as within the past year, when media reports about his conduct in Florida re-emerged, docket at 11 and 1. The government filing was made against a backdrop of significant and rapidly expanding evidence, serious charges, and the prospect of a lengthy prison sentence. It contends that the defendant's proposed conditions of release are woefully inadequate. The court also received a letter from the government dated July 16 2019, providing, among other things, details about allegedly suspicious payments made by the defendant in 2018. A Palm Beach Florida police report, Mr. Epstein's expired Austrian passport in another name, but with Mr. Epstein's photo and a pile of cash and diamonds found in Mr. Epstein safe. For example, the government says records from institution one show that on or about November 30 2018, two days after the series in the Miami Herald began, the defendant wired $100,000 from a trust account he controlled to an individual named as a potential co-conspirator. And on or about December 3 2018, the defendant wired $250,000 from the same trust account to an individual who was also named as a potential co-conspirator. Number two, according to the government, the second individual is also one of the employees identified in the indictment, which alleges that she and two other identified employees facilitated the defendant's trafficking of minors by, among other things, contacting victims and scheduling their sexual encounters with the defendant at his residences in Manhattan and Palm Beach, Florida. By letter dated July 16 2019 defense council states, among other things, that the court should reject the idea that there's literally nothing a person of Epstein's means could say do or pledge to rebut the operative presumption and make himself eligible for release. Epstein contends that section 1591 and the con commit and a remand presumption do not contemplate or even cover the core conduct at issue here, performing sexual massages for money. Defense Council also states that Epstein certainly recognizes the court's request for further transparency and is committed to providing a complete and accurate disclosure. Accordingly, we propose that the court preliminarily accept the initial financial disclosure, proffered last Friday, and if intending to grant bail include a release condition directing Epstein to tender a comprehensive forensic accounting of his finances as expeditiously as practiceable for by letters dated July 16 and July 17 2019 defense council also submitted information regarding Epstein's new Mexico sex offender registration status. Defense Council also stated that Epstein traveled extensively over the last eight months and invariably returned to the United States that inescapable reality emphatically proves he won't flee and entitles him to release on any and all conditions the court deems appropriate. All right, folks, we're going to wrap up with part one here and in the next episode, we're going to pick up with part two. All of the information that goes with this episode can be found in the description box. You slept through your alarm, missed the train, and your breakfast sandwich, cold sounds like you could use some luck. I'm Victoria Cash and Lucky Land is where people go every day to get lucky. At Lucky Land, you can play over 100 casino-style games for free for your chance to redeem some serious prizes. Go to luckylandslots.com and get lucky today. No purchase necessary. VGW Group, Boyd, we're prohibited by law 18 plus terms and conditions apply.