EFTA00024831.pdf

Type: pdf
Source set: data-set-8
Extracted text

From: 
To: 
Subject: FW: Second Circuit Bail Decision 
Date: Thu, 01 Aug 2019 15:05:58 +0000 
Attachments: boustani.pdf; ATT00001.htm 
From: 
(USANYS) 
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Sent: Thursday, August 1, 2019 11:05 AM 
To: 
(USANYS) < 
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(USANYS) < 
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Cc: 
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Subject: Fwd: Second Circuit Bail Decision 
Begin forwarded message: 
From: ' 
(USANYE) 1r <1 
Date: August 1, 2019 at 11:01:20 AM EDT 
To: " 
(USANYS)" 
Subject: Fwd: Second Circuit Bail Decision 
FYI 
Begin forwarded message: 
From: ' 
(USANYE)" <
> 
Date: August 1, 2019 at 10:56:49 AM EDT 
To: USANYE-Brooklyn_Criminal_Attorneys 
Cc: "-(USANYE)" 
< 
Subject: Second Circuit Bail Decision 
The Second Circuit today issued an opinion today that will affect bail motions in white collar 
cases and other cases where wealthy defendants seek to be released to home confinement 
and monitored by private security companies. Specifically, in United States v. Boustani (copy 
attached), the court held that the Bail Reform Act does not permit wealthy defendants to be 
released to "self-funded private jails" in circumstances where poorer defendants would be 
detained: 
"We now expressly hold that the Bail Reform Act does not permit a two-tiered bail 
system in which defendants of lesser means are detained pending trial while wealthy 
defendants are released to self-funded private jails. It is a fundamental principle of fairness 
that the law protects 'the interests of rich and poor criminals in equal scale, and its hand 
extends as far to each.' To interpret the Bail Reform Act as requiring district courts to permit 
EFTA00024831


wealthy defendants to employ privately funded armed guards where an otherwise similarly 
situated defendant without means would be detained would violate this core principle. Such 
a two-tiered system would 'foster inequity and unequal treatment in favor of a very small 
cohort of criminal defendants who are extremely wealthy.' 
Slip op. at 7 
The court recognized one potential exception to…
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