Order Denying Motion to Reconsider Pretrial Detention — United States v. Gladys Harun (S.D. Ga. No. 3:23-cr-00003)

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Order in United States v. Gladys Harun, Dublin Division of the Southern District of Georgia, denying the defendant's motion for reconsideration of pretrial detention (doc. no. 71). The order recalls that on August 18, 2022, the Court affirmed the Magistrate Judge's denial of bond. The defendant argued that Jackson Hewitt had terminated her franchises, and the Court finds those facts change nothing. It notes that she now faces a superseding indictment adding four counts of money laundering, one count of false declaration, and another wire fraud count, and that she withdrew $100,000 from a Wells Fargo account two hours after learning she was the target of a federal grand jury investigation. The Court remains convinced that detention is warranted.

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   Case 3:22-cr-00009-DHB-BKE                 Document 73      Filed 11/30/22           Page 1 of 3

                                                                                                     ~n
                                                                                    u.s.Disi/ o^cGuni
                                                                                          AUGUST'-
                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE SOUTHERN DISTRICT OF GEORGIA^^^? KOV 30 A 8: 51
                                        DUBLIN DIVISION


                                                                               ■.'Ll.

                                                                                          ^0. LI   i. L'r GA.
UNITED STATES OF AMERICA                              *
                                                      *


        V.                                            *         CR     322-009


GLADYS       HARUN                                    *



                                              ORDER




        On    August     18,     2022,       the     Court   affirmed         the       United       States

Magistrate Judge's decision to deny bond to Defendant Gladys Harun

pending trial.           (Doc. No.       36. )       In doing so,        the Court considered

the    following       factors:        (1)     the    nature    and     circumstances                of     the

offense charged;           (2)    the weight of the evidence;                       (3)     the history

and     characteristics           of     the       person;     and      (4)      the        nature          and

seriousness of the danger to any person or the community posed by

the person's release.                  (Id.    at 6       (citing 18 U.S.C.             § 3142(g) (1)-

(4) ) . )     The Court determined at                     that time that the only factor

that weighed against detention was the first factor - the nature

and circumstances of the offense charged.                            (Id. )    All other factors

weighed in favor of detention,                     especially given the weight of the

evidence and the Defendant's propensity for deceit.                                           (Id.     at       6-

8. )    Moreover,       given her resources and foreign ties,                                no release

conditions could reasonably assure Defendant's appearance.                                                (Id.

at 8.)        Finally,    the Court determined that Defendant is a threat
     Case 3:22-cr-00009-DHB-BKE         Document 73       Filed 11/30/22     Page 2 of 3




to    the    community,       albeit     financial,^      because      of    her    apparent

aptitude for deceit and her access to personal identity information

through her tax businesses.               (Id.)

        Defendant pleads for reconsideration because Jackson Hewitt

has    terminated       her   franchises,         and   Defendant      "would       lose    the

$345,946 already seized by the Government" should she flee.                               (Doc.

No. 71, SlSt 6 & 8.)       In the Court's estimation, however, these facts

change       nothing.      In    fact,       at   the   time   of    the     Court's      prior

consideration of bond. Defendant had been charged with one count

of wire fraud.           She is now under a superseding indictment that

additionally charges four counts of money laundering, one count of

false declaration, and another wire fraud count.                            (Doc. No. 38.)

Thus, at this point, the nature and circumstances of the offenses

charged      weigh     more in favor          of detention         because    Defendant is

facing more time.         Moreover, as pointed out by the Government, the

loss of the tax franchises lessen Defendant's reasons for remaining

in the United States, and the Government has only seized $41,147

from her bank accounts.               The Court cannot overlook the fact that


Defendant withdrew $100,000 from her Wells Fargo account two hours

after       learning    she     was    the    target     of    a    federal       grand    jury

investigation.




^      The    Court     notes    the    reasonable       inference         that    Defendant
attempted to coerce or intimidate a witness.                         (See Order of Aug.
18, 2022, at 3.)
  Case 3:22-cr-00009-DHB-BKE   Document 73   Filed 11/30/22   Page 3 of 3




        In short, Defendant has not presented any reason to justify

reversing the Court's prior analysis of her circumstances, and

upon reconsideration, the Court remains convinced that detention

is warranted.    Accordingly, Defendant's motion for reconsideration

of pretrial detention (doc. no. 71) is DENIED.

     ORDER ENTERED at Augusta, Georgia, this      5^' day of November,
2022.




                                       UNITED STATES/DISTRICT


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