DOJ-OGR-00019985.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page126 of 200 1 defendant, the less important it becomes to identify and restrain each and every asset over which defendants may exercise some control in order to mitigate risk of flight." So if the court -- and we have suggested them, but they may be modified by the court -- can put in place stringent bail conditions, we don't need to have a side-long, month-long hearing about my client's assets which is just designed to keep her in detention. That was an observation by Judge Raggi in Sabhnani. 10 Judge, very quickly on the nature and circumstances of the offense and the weight of the evidence, we don't think, your Honor, this is the place to litigate legal motions. This is a bail hearing. It is not the place to litigate complex legal questions that we will be presenting to your Honor. It's very soon on the motion schedule, and we thank the court for agreeing to the schedule. But there are a few things that are worth pointing out. 18 We believe there are very significant motions here that will affect whether this indictment survives at all or the shape of this indictment and, given the government's representation that it is not planning to supersede, will affect the shape of the entire case, or any case at all that proceeds before the court at trial, if there is a trial. That is exactly what we submit the court can consider, again, in exercising its discretion as to the weight of the evidence. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019985