Description: Cleveland, Ohio criminal defense lawyer represented the Defendant charged with:


● Conspiracy to Commit Mail and Wire Fraud, in violation of 18 U.S.C. §§ 1349 (Count 1);

● Wire Fraud, in violation of 18 U.S.C. §1343 (Counts 2-4, 6);

● Mail Fraud, in violation of 18 U.S.C. §1341 and 2 (Counts 8-11, 13, and 16); and,

● Aggravated Identity Fraud, in violation of 18 U.S.C. §§ 1028A(a)(1) and 2 (Counts 20, 23, 26, and 31).


The Bail Reform Act requires detention upon a finding that “no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 18 U.S.C. §3142(e)(2). Title 18 U.S.C. §3142 sets forth the factors a court should consider when determining whether there are “conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community,” or whether detention is warranted. These include:

(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, a violation of section 1591, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person, including -

(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and

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(B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and

(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release. In considering the conditions of release described in subsection (c)(1)(B)(xi) or (c)(1)(B)(xii) of this section, the judicial officer may upon his own motion, or shall upon the motion of the Government, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably assure the appearance of the person as required.

18 U.S.C. §3142(g).

United States v. Moultrie, 1:23 CR 538 (N.D. Ohio Oct 31, 2024)

Outcome:
The Court, therefore, finds that Mr. Moultrie has a high risk of non-appearance, and there is no condition of combination of conditions that could adequately assure his appearance going forward. Mr. Moultrie's Motion for Bond is, therefore, DENIED. The Government's Motion for Detention is hereby GRANTED.

Plaintiff's Experts:

Defendant's Experts:

Comments: