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Letter to Judge Wicks — United States v. Niall Alli (Eastern District of New York, Document 39)

Summary

Letter dated May 14, 2024 from the United States Attorney's Office for the Eastern District of New York to the Honorable James M. Wicks, Document 39, in United States v. Niall Alli, Criminal Docket No. 22-395 (GRB) (JMW). The letter supplements the government's pending motion for bail forfeiture and detention, which is based on the defendant's alleged violation of a release condition by committing a felony while on release. It cites 18 U.S.C. § 3148 and states the standard for a rebuttable presumption, and says a bail revocation hearing may proceed by proffer. It asks the Court to find probable cause and enter an order of revocation and detention, and closes with /s/ Charles P. Kelly.

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“Letter to Judge Wicks — United States v. Niall Alli (Eastern District of New York, Document 39).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00395-dkt-39-e-d-n-y-8bccb54290/, SHA-256 64c119b4a608d8fec0a531fee5e937ffd801ecf436bcb8d51cdd406d3d72aed8.

Full text

Case 2:22-cr-00395-GRB-JMW Document 39 Filed 05/14/24 Page 1 of 2 PageID #: 224

                                                      U.S. Department of Justice


                                                      United States Attorney
                                                      Eastern District of New York
 NB:MRM/SSA                                           610 Federal Plaza
 F. #2020R00784                                       Central Islip, New York 11722



                                                      May 14, 2024

 By ECF

 The Honorable James M. Wicks
 United States District Court
 Eastern District of New York
 1020 Federal Plaza
 Central Islip, New York 11722

                Re:     United States v. Niall Alli
                        Criminal Docket No. 22-395 (GRB) (JMW)

 Dear Judge Wicks:

                  The government respectfully submits this letter to supplement the government’s
 pending motion for bail forfeiture and detention of the defendant Niall Alli (“defendant”). The
 motion is based on defendant’s violation of a release condition, namely commission of a federal,
 state or local felony while on release. Pursuant to 18 U.S.C. § 3148, if this Court finds that there
 is probable cause to believe that defendant has committed a crime while on release and finds
 either that there is no condition or combination of conditions of release that will assure that
 defendant will not flee or pose a danger to the safety of any other person or the community or
 that defendant is unlikely to abide by any condition or combination of conditions of release, the
 Court “shall enter an order of revocation and detention.” 18 U.S.C. § 3148(b).

               In making this determination, if the Court finds that there is probable cause to
 believe that, while on release, defendant committed a federal state or local felony, then a
 rebuttable presumption arises that no condition or combination of conditions will assure that the
 person will not pose a danger to the safety of any other person or the community. 18 U.S.C.
 § 3148(b)(2)(B). These findings “need only be supported by a preponderance of the evidence,
 given that this “is the standard usually used in pretrial proceedings. Gotti, 794 F.2d at 777.”
 Federal Criminal Practice: A Second Circuit Handbook, § 4-6, Mehler, Gleeson, James &
 Cooley (2022). It is well established that the bail revocation hearing may proceed by proffer and
 should not become a “mini-trial.” United States v. Martir, 782 F.2d 1141, 1145 (2d Cir. 1986);
 United States v. LaFontaine, 210 F.3d 125 (2d Cir. 2000); United States v. Bartok, 472
 Fed.Appx. 25 (2d Cir. 2012).

                The government believes that the motion papers provide probable cause to believe
 that defendant has committed a federal felony while on release. Accordingly, the government
Case 2:22-cr-00395-GRB-JMW Document 39 Filed 05/14/24 Page 2 of 2 PageID #: 225




 requests that the Court find that there is probable cause to believe that defendant committed a
 federal felony while on release and enter an order of revocation and detention.


                                                      BREON PEACE
                                                      United States Attorney

                                              By:      /s/ Charles P. Kelly
                                                      Charles P. Kelly
                                                      Burton T. Ryan, Jr.
                                                      Assistant U.S. Attorneys
                                                      (631) 715-7866/7853

 cc:    Charles Millioen, Esq. – Federal Defenders of New York
        Defense Counsel of Record (by ECF)




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