DOJ-OGR-00019997.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page138 of 200 1 it is clear that defendant has not met her burden to rebut the 2 presumption of detention in this case. The government urges 3 the court to detain this defendant, consistent with the 4 recommendation of Pretrial Services and the request of the 5 victims. It is important, your Honor, that there be a trial in 6 this case, and the government has serious concerns that the 7 defendant will flee if afforded the opportunity. 8 Thank you, your Honor. 9 THE COURT: Briefly, Ms. Moe, just a couple of legal 10 questions. 11 Mr. Cohen argued that you failed to address directly 12 the standards, the burdens under the statutory provision, and 13 that you have avoided the fact of the government continuing to 14 carry the burden by a preponderance of the evidence with 15 respect to risk of flight and whether there are measures that 16 could assure appearance. Do you dispute anything legally 17 suggested by Mr. Cohen in terms of the standard that applies? 18 MS. MOE: Your Honor, the government submits that the 19 standard is clear. It is the defendant's burden of production 20 to rebut the presumption that there are no set of conditions 21 that could reasonably assure her continued appearance in this 22 case. The government has the ultimate burden of persuasion, 23 but it is the defendant's burden of production. She has failed 24 to meet that burden for the reasons we set forth in our 25 briefing and arguments today. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019997