Professional Documents
Culture Documents
-v.- :
10 Cr. 520 (SAS)
KENNETH STARR, :
Defendant. :
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PREET BHARARA
United States Attorney for the
Southern District of New York
One St. Andrew’s Plaza
New York, New York 10007
William Harrington
Michael Bosworth
Assistant United States Attorneys
-Of Counsel-
Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 2 of 15
-v.- :
10 Cr. 520 (SAS)
KENNETH STARR, :
Defendant. :
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INTRODUCTION
expressed contempt for the brothers who were set to post the
which the defendant expressed a desire to sever all ties with his
other emails and shared them with her, Ms. Edwards informed the
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 3 of 15
defendant’s bail.
under the terms of his plea agreement, the defendant now faces a
with his family is even more strained; and (3) the defendant is
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 4 of 15
substantial funds for reasons that are wholly unclear and that
with, the two brothers who are posting the lion’s share of the
fourth suretor required by the Court; and (3) the defendant seeks
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 5 of 15
BACKGROUND
criminal complaint 10 Mag. 1135, which charged him with (1) wire
United States Code, Sections 80b-6 & 80b-17; and (3) money
the defendant moved this Court for an order setting bail. The
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the rare book collection; (2) the bond would have to be signed by
four sureties (the defendant’s two brothers, his wife, and the
long-time friend, namely, Mr. Giordao); (3) the bond would have
Twenty One, and Twenty Two of the Indictment. Under the terms of
forfeit his right, title and interest in 433 East 74th Street,
Unit 1C, New York, NY 10021 (the “Apartment”); and he agreed that
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 7 of 15
to the Apartment.
APPLICABLE LAW
Under the Bail Reform Act, where, as here, a person has been
United States v. Abuhamra, 389 F.3d 309, 319 (2d Cir. 2004).
ARGUMENT
A. Detention Is Appropriate
time, the defendant was presumed innocent and, however strong the
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 8 of 15
evidence.”1
of reasons.
1
The Government notes that even at the initial bail
hearing on July 26, 2010, the Court suggested that the bail
calculus would be altered by a conviction in this case. See
Transcript dated July 27, 2010 at 5 (explaining that the
suretors’ property would be encumbered only through a trial and
stating that “If he were to be acquitted, that is that. If he
were to be convicted, it changes the bail.”).
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 9 of 15
months after the Court set bail in this case, the defendant’s
brothers and their wives have not signed the bond either (as
reasons that are not known to the Government but that raise
satisfy his bail conditions, the defendant sent his son an email
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the defendant “[I] am completing this week moves for her [i.e.,
future and for your bail package.” See Exhibit B. This email is
curious, because the only funds the defendant would need for his
of his arrest further prevent him from being able to rebut the
that morning and does not wish to belabor the point. The
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Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 11 of 15
to flee.
inadequate.
the Court, the lion’s share of the security for the defendant’s
any property posted by the brothers will not deter the defendant
from fleeing. In the two weeks before Ms. Edwards informed the
represented the brothers were willing to sign the bond and post
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will not lift a finger --they are mean spirited awful human
also received numerous emails from his wife and his children
fleeing.2
2
As far as the Government is aware, the defendant’s
brothers – and their wives – are currently unaware of the
disparaging comments he has made about them. It may well be that
after the brothers and their wives learn of the comments the
defendant has made, they will (understandably) be unwilling to
sign the bond or post any security for the bond and, in so doing,
risk their economic well-being for someone who has such little
regard for them. Thus, to the extent, Ms. Edwards suggests that
“the sureties are not concerned that Mr. Starr would flee,” they
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sign the bond after assuring the Court he would do so. That
unsuitable as a suretor.
defendant that Ms. Passage had “tweeted” about her birthday but
asked “[d]oes she even talk to you?” and told the defendant,
Ms. Passage, stating she would “start a search for a pretty, dumb
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and learned that Ms. Passage had not called the daughter to wish
told me that your so called ‘loving and caring’ madam didn’t even
sign the bond who even arguably has any suasion over the
a suretor.
arrears, there is a risk that the co-op for the building will
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CONCLUSION
with that sentencing. Given that the defendant has pled guilty,
the For the reasons set forth above, the Government respectfully
submits that the Court should revoke the defendant’s bail and
Respectfully submitted,
PREET BHARARA
United States Attorney
Southern District of New York
/s/
William Harrington/Michael Bosworth
Assistant United States Attorneys
Tel.: (212) 637-2331/1079
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