Jeffrey Eckstine, Bloomberg, Charlie discussed on Politics, Policy, Power and Law


A Bloomberg business flash thank you Charlie where life in the Bloomberg interactive brokers studio Jeffrey Eckstine will remain behind bars while he awaits trial on sex trafficking charges Manhattan federal judge Richard Berman said this morning that prosecutors had established that Eckstine pose a flight risk and that was at the heart of his decision not to grant him bail joining me is former federal prosecutor Robert Mintz apartment Carter in English Bob Eckstine asked to be allowed to await trial his Manhattan mansion with electronic monitoring and a private security team and pledging his fortune of at least five hundred million dollars as collateral it was expected that he wouldn't get home detention but explain why his case is different from say Bernie made off or Dominique Strauss Kahn who got to stay in what prosecutors referred to as a gilded cage well it really is a decision that is up to the discretion of the judge June so different judges may view the same facts and circumstances differently and some may allow the defendant to remain in home confinement leading up to trial but in this case this fax here really checked off so many of the boxes that would give a judge concern about risk of flight in danger to the community that it was not a surprise that judge Berman did not allow him out the fact that he had so many assets at his disposal cash and diamonds yeah houses all over the country but also internationally and I think the judge was concerned about the fact that there was a false passport in his possession in the safe one I agents went in and raided his house those are the kinds of things that will give any judge pause before he would allow judge a defendant in a high profile case like this to remain out on bail even under those strange in terms for home confinement also the danger to alleged in potential victims of the two alleged victims testified during Monday's bail hearing pleading with the judge not to grant Eckstine bail that almost made it impossible to need for the judge to grant bail here right absolutely what the major factor while while prosecutors made the argument that texting was the extreme flight risk and they said he posed an overwhelming risk of flight it really seems to be the danger to the community prong that the judge looked at that really swayed his decision in fact he testified the judge said today that he was at the heart of his decision and he heard as you said from those two alleged victims about the conduct that the alleged Mister at seeing was engaged in and the judge also knew about some evidence that distress he had wired three hundred fifty thousand dollars to two potential witnesses which also raised the question of potential witness tampering so all of that I think we have only on the judge on the danger to the community crime here and also played a significant role in his ultimate decision so it seems lawyers can seek a review before the federal appeals court in Manhattan but is that really a waste of time and money not that extreme cares about the money aspect of it well can afford issue because obviously the defendant did not want to remain in jail leading up to this trial and from the standpoint of the defense lawyers it is much more difficult to prepare a client for trial when you have to go to jail every time to meet with them rather than to meet with him in his house or in your office so it's likely they will take that shot but on the other hand this is just a discretionary call it something that is largely left to the judge at the trial level so it's highly unlikely that the appeals court overturned judge Berman's decision judge Berman is it known to be a fan of the kind of pre trial housing in a in a you know that the detail home detention for rich defendants in twenty sixteen he there was a similar request for home detention for rich defended and he said it was unreasonable because it helps to foster inequity and unequal treatment in favor of a very small cohort of criminal defendants who are extremely wealthy but my question is will the advantages wealthy defendants have advantages at every stage of a trial proceeding because they have so many resources so should a judge treat them differently at the bail stage well they are treated differently to the extent that one of the issues and bail is risk of flight and one of the ways to rebut risk of flight is to pose significant assets that will be seized by the government if you don't show up the trial so almost by definition those with more assets to post have a better chance of getting out of jail but you're getting out of jail pre trial leading up to the actual trial but as you pointed out you in this particular judge seems to be concerned about what appears to be a two tier system of justice here because in that similar case you're referring to the judge said that that is fostered in equity not equal treatment in favor of a very small group of defendants those who could not only pose significant assets but also someone who could pay for twenty four hour security which really narrow that down to a very small group of defendants judge Berman said that his opinion would be available fairly soon it's going to be a thirty to thirty four page opinion is that the a normal land or usual land for a a bail hearing what a little more involved than the usual bail hearing but there are a lot of issues here because there are a lot of factors that relate to the potential flight risk here has to do with all of his assets the judge was apparently not particularly satisfied with the disclosure made by the defendant so I think there was some concern that there may be other assets out there that weren't disclosed their significant amount of cash they were diamonds there was the raid on his house which found lead photographs that would appear to be under age girls which also concerned a judge to there's a lot of issues and I think the judge wants to be very careful to make sure that his written opinion addresses each and everyone of those things because he knows there's a possibility that the defendants will take this up on appeal he wants to create a very good record for the appeals court to take a look at this issue just about thirty seconds here but is this a big advantage for the prosecution absolutely it would have been I think a major setback to allow this defendant to remain out on bail pending his trial only because the expectation was so high that the judge would not release him so we would have given the the prosecutors a shot at the very beginning of the trial that favor the dissension that was not something that they want to start off with you know what's going to be a very contentious and expensive trials thanks so much Bob that's Robert Menzies apartment Carter in English coming up our poll starting a matter in the twenty twenty race this is Bloomberg this is a Bloomberg market minute you was down to falling as investors weigh mix corporate results and the outlook for global trade the Dow Jones industrial average down eighty four points to twenty seven thousand one thirty five S. and P. five hundred down two points the nasdaq dropping twenty six West Texas intermediate crude is down nearly three percent to fifty five eleven a barrel in earnings Netflix's dropping eleven percent after reporting a quarterly net loss of customers United health is also sharply lower today after posting results but Philip Morris's out the most in four years the maker of Marlboro cigarettes raised its outlook for the year company smokeless tobacco devices have been gaining market share and general motors is unveiling its new corvette today the engine and this version is built into the middle of the car just behind the two seats to improve handling Donna Wilson Bloomberg radio because that's what kids do this car is your territory and in here your word is law so when you say you won't.

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