Government’s Response Opposing Motion to Modify Conditions of Bond — No. 1:20-cr-00750 (Dkt. 156, N.D. Ill.)

Summary

The Government's Response Opposing Motion to Modify Conditions of Bond, Document #156, filed May 8, 2023 in United States v. Milica Sumakovic, No. 20 CR 750-6 (Case 1:20-cr-00750), in the U.S. District Court for the Northern District of Illinois, Eastern Division. The government states that the defendant was charged by indictment on October 19, 2022 with two counts of wire fraud and one count each of domestic and international money laundering, that she delivered $430,000 on January 20, 2023, and that an agreed order kept her on home incarceration with electronic monitoring. It opposes modification, citing 18 USC § 3142(f)(2), and attaches Gov. Ex. 3, a table of funds transferred overseas by certain defendants.

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“Government’s Response Opposing Motion to Modify Conditions of Bond — No. 1:20-cr-00750 (Dkt. 156, N.D. Ill.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/government-s-response-opposing-motion-to-modify-conditions-of-bond-no-cc28dfd08c/, SHA-256 68ca65e75736b37d3b9c41825c15741663b9fd280e6472ea0b2369e9a205faf5.

Full text

Case: 1:20-cr-00750 Document #: 156 Filed: 05/08/23 Page 1 of 4 PageID #:596

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,
No. 20 CR 750-6
v.
Honorable Ronald A. Guzman
MILICA SUMAKOVIC

GOVERNMENT’S RESPONSE OPPOSING
MOTION TO MODIFY CONDITIONS OF BOND

The UNITED STATES OF AMERICA, through MORRIS PASQUAL, Acting

United States Attorney for the Northern District of Illinois, respectfully opposes

defendant SUMAKOVIC’s motion to modify her bond conditions and states as follows:

1. On October 19, 2022, defendant was charged by indictment with two

counts of wire fraud, one count of domestic money laundering, and one count of

international money laundering. Dkt. 1. Defendant entered a plea of not guilty on

November 2, 2022. Dkt. 105.

2. On November 3, 2022, the government moved for detention based on

defendant’s serious flight risk. A magistrate judge initially released defendant on an

unsecured $10,000 bond to a third-party custodian pending trial (Dkt. 106).

3. On November 15, 2022, the government asked the Court to reconsider

the prior detention decision, arguing that defendant’s lack of lawful status in the

United States and access fraud proceeds wire abroad – including $430,000 she

transmitted to a family member – established that she presented a serious risk of

flight. See Gov. Ex. 3 to Motion to Reconsider (attached).
Case: 1:20-cr-00750 Document #: 156 Filed: 05/08/23 Page 2 of 4 PageID #:597

4. On November 29, 2022, the Court directed the defendant to respond to

the government’s motion to reconsider. At that hearing, the Court modified

defendant’s bond conditions to require home incarceration with electronic monitoring.

Dkt. 118. During subsequent proceedings while the motion was pending, the Court

communicated to the parties that it believed defendant presented a serious risk of

flight absent return of funds wired to her family.

5. On January 20, 2023, defendant delivered to the government $430,000

that she repatriated from Serbia, which funds were deposited with the Clerk of the

Court.

6. On January 26, 2023, taking into consideration defendant’s return of the

funds and the Court’s prior statements regarding its view of defendant’s flight risk,

the parties tendered to the Court an agreed order, which the Court adopted, requiring

defendant to remain on home incarceration with electronic monitoring.

7. The government opposes defendant’s motion to modify the terms of her

bond because there has been no material change in the facts since the Court resolved

the detention issue by adopting the parties’ agreed order for home incarceration with

electronic monitoring. 18 USC § 3142(f)(2).

8. More specifically, defendant remains a foreign national with no lawful

status in the United States, she has no family ties to this district, and will be deported

to Serbia after serving a lengthy period of incarceration. In contrast, defendant has

family and friends in Serbia, a country with no extradition agreement with the United

States. She likely continues to have access to some of the funds sent abroad by her

co-schemers, including (i) more than $3M her boyfriend, co-defendant Marko Nikolic,

2
Case: 1:20-cr-00750 Document #: 156 Filed: 05/08/23 Page 3 of 4 PageID #:598

sent to family and others in Serbia, and (ii) more than $7M her boyfriend’s fugitive

sister, co-defendant Maja Nikolic, sent to family in Serbia. Id.

Defendant has much to gain, and nothing to lose, by leaving the Court’s

jurisdiction on her own rather than waiting to be deported after serving a prison

sentence. Defendant continues to pose a serious risk of flight as contemplated by 18

USC 3142(f)(2)(A), and no condition or combination of conditions short of home

incarceration with electronic monitoring will reasonably assure her appearance. The

government respectfully asks the Court to deny defendant’s motion to modify the

agreed conditions of her bond.

Respectfully submitted,

MORRIS PASQUAL
Acting United States Attorney

By: /s/ Malgorzata Tracz Kozaka
BRIAN HAYES
MALGORZATA TRACZ KOZAKA
Assistant U.S. Attorneys
219 S. Dearborn St., Suite 500
Chicago, IL 60604
Dated: May 8, 2023

3
Case: 1:20-cr-00750 Document #: 156 Filed: 05/08/23 Page 4 of 4 PageID #:599
Gov. Ex. 3

Funds transferred overseas by certain defendants:

Name Account Apprx. Date Apprx. Amount Account Total Recipient Total Overall
7/2/2020 $ 235,000.00
Milica SUMAKOVIC Citibank 5078 $ 430,000.00 Mica SUMAKOVIC $ 430,000.00
7/31/2020 $ 195,000.00

6/23/2020 $ 160,000.00
7/6/2020 $ 385,000.00
Chase 9036 $ 1,365,000.00
7/24/2020 $ 500,000.00 NIKOLIC
8/11/2020 $ 320,000.00
7/14/2020 $ 600,000.00
Marko NIKOLIC Chase 0043 $ 1,100,000.00 $ 3,446,030.00
7/3/2020 $ 500,000.00 NIKOLIC
5/29/2020 $ 130,000.00
9/2/2020 $ 350,015.00 NIKOLIC
BMO Harris 4023 $ 981,030.00
9/10/2020 $ 210,015.00
10/20/2020 $ 291,000.00 unknown

5/22/2020 $ 250,000.00
6/30/2020 $ 715,000.00
7/14/2020 $ 500,000.00 NIKOLIC
8/14/2020 $ 210,000.00
8/17/2020 $ 300,000.00
6/12/2020 $ 300,000.00
6/24/2020 $ 700,000.00
Maja NIKOLIC Citibank 6305 $ 7,450,000.00 $ 7,450,000.00
6/30/2020 $ 700,000.00
7/14/2020 $ 600,000.00
7/28/2020 $ 710,000.00 NIKOLIC
8/14/2020 $ 835,000.00
8/25/2020 $ 475,000.00
9/9/2020 $ 790,000.00
9/22/2020 $ 365,000.00

TOTAL: $ 11,326,030.00

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