Opinion
Case No. 3:09-mj-109.
May 27, 2009
DECISION AND ORDER ON BOND
This extradition case is before the Court on Defendant's Motion for Bond (Doc. No. 10) which the United States opposes (Doc. No. 3). On May 26, 2009, the Court referred this matter to the Pretrial Services Office for a recommendation.
The Court is aware that, in an extradition matter, the fugitive is not entitled to a presumption of bail such as would be the case with a person charged in this Court with a criminal offense. Nevertheless, the Court finds that the following extraordinary circumstances support the release of Defendant on bail in this case:
The record establishes that Defendant is a citizen of Portugal. Defendant in this matter is sought by the Government of Portugal for extradition to face charges of fraud arising out of a payroll padding scheme devised by her father. The Court has not yet conducted the evidentiary hearing necessary to determine whether Defendant should be held for extradition, but has continued that matter to June 8, 2009. However, the Court is advised that her father, who resides in Dubai, has admitted devising the scheme and agreed to make full restitution, on the basis of which the Government of Portugal has withdrawn the international arrest warrant for his arrest. The Court is further advised that Defendant received no benefit from whatever acts she committed as a result of her father's scheme; instead, the money which was purportedly paid to her went directly into an account in her father's name.
Defendant is the mother of two young children, one of whom is less than six months old. She married a United States serviceman in Dubai and came to this country with him to establish residence and raise a family. There is no indication that she has concealed her whereabouts from the Portuguese government at any time in the last several years, having dealt openly with American immigration authorities. There is every reasonable expectation that the United States Government will grant her permanent residence status. While she is unemployed, her husband is employed full time and was honorably discharged from the United States Navy.
The Pretrial Services Office recommends release.
It is accordingly ORDERED that Defendant be released on the separate Order Setting Conditions of Release in this case.