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Order of Detention — No. 2:20-mj-06152 (Dkt. 10, C.D. Cal.)

Summary

An order of detention in United States v. Muhammad Noor Ul Ain Atta, also known as Muhammad Atta, Case No. 22-MJ-6152, in the U.S. District Court for the Central District of California, filed April 27, 2022 as Document 10 (4 pages) and signed by Magistrate Judge Alka Sagar. It follows the defendant's April 27, 2022 initial appearance by video teleconference on a criminal complaint, and orders him detained until trial. As to risk of non-appearance, the order cites partially verified background information, insufficient third-party bail resources given the extensive fraud allegations in the complaint, and an alleged transfer of multi-million dollar proceeds to Pakistan. As to danger, it cites the complaint's charge of a six million dollar fraud.

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“Order of Detention — No. 2:20-mj-06152 (Dkt. 10, C.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-of-detention-no-2-20-mj-06152-dkt-10-c-d-cal-66fd0ef920/, SHA-256 f07cc51430cd3af31cd4d0ebcee5cf0bb6f0c38fe7e6ed8c9005de998c0fe7a4.

Full text

          Case 2:20-mj-06152-DUTY Document 10 Filed 04/27/22 Page 1 of 4 Page ID #:82



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   3                                                                     FILED
                                                              CLERK, U.S. DISTRICT COURT
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                                                                   APR 2 72022
                                                             CENTRAL D'SiR TOFCALIFORNIA
  6                                                          BY                   DEPUTY

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                   IN THE UNITED STATES DISTRICT COURT
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                FOR THE CENTRAL DISTRICT OF CALIFORNIA
 l0
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 12                                          Case No. 22-MJ-6152
         UNITED STATES OF AMERICA,
 13                                          ORDER OF DETENTION
                         Plaintiff,
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                    v.
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         MUHAMMAD NOOR UL AIN
 16      ATTA,aka Muhammad Atta,
 17                      Defendant.
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       Case 2:20-mj-06152-DUTY Document 10 Filed 04/27/22 Page 2 of 4 Page ID #:83



 1                                             I.
 2          On April 27, 2022, Defendant made his initial appearance, by consent to
 3   appear by video teleconference, on the criminal complaint filed in this matter.
 4   Defendant was represented by retained counsel, Dean Steward.            A detention
 5 ~ hearing was held.
 6
 7          ❑     On motion ofthe Government[18 U.S.C. § 31420(1)] in a case
 8   allegedly involving a narcotics or controlled substance offense with maximum
 9   sentence often or more years.
10          ~     On motion by the Government or on the Court's own motion
11   [18 U.S.C. § 31420(2)] in a case allegedly involving a serious risk that the
12   defendant will flee.
13         The Court concludes that the Government is not entitled to a rebuttable
14   presumption that no condition or combination of conditions will reasonably assure
15   the defendant's appearance as required and the safety or any person or the
16   community [18 U.S.C. § 3142(e)(2)].
17                                            II.
18         The Court finds that no condition or combination of conditions will
19   reasonably assure: ~ the appearance ofthe defendant as required.
20                       ~ the safety of any person or the community.
21                                          III.
22         The Court has considered:(a)the nature and circumstances of the offenses)
23   charged, including whether the offense is a crime of violence, a Federal crime of
24   terrorism, or involves a minor victim or a controlled substance, firearm, explosive,
25   or destructive device;(b)the weight of evidence against the defendant;(c)the
26   history and characteristics ofthe defendant; and (d)the nature and seriousness of
27   the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also
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      Case 2:20-mj-06152-DUTY Document 10 Filed 04/27/22 Page 3 of 4 Page ID #:84



 1   considered all the evidence adduced at the hearing and the arguments of counsel,
 2   and the report and recommendation of the U.S. Pretrial Services Agency.
 3                                           IV.
 4         The Court bases its conclusions on information included in the pretrial
 5   services report and the indictment:
 6         As to risk ofnon-appearance:
 ~                ~      Background information is partially verified and there are
 g   inconsistencies regarding Defendant's residence, employment and income, and the
 g   purported reasons)for Defendant's travel to the United States.

10                ~      Defendant has not provided sufficient third party bail resources
11   given the extensive fraud allegations charged in the Complaint.

12                ~      Defendant does not appear to have strong ties to the Central
13   District of California and his wife and children live in Dubai and Defendant has

14   been residing in Dubai.

15                ~      Defendant is a dual citizen of the U.S. and Pakistan, and is
16   alleged to have sent the multi-million dollar proceeds ofthe fraudulent conduct
1~   that he is charged with to Pakistan.

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19         As to danger to the community:
20                ~      allegations in the pending criminal complaint in which
21         Defendant is charged with a six million dollar fraud involving the Payheck
22         Protection Program.
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25                                             V.
26         IT IS THEREFORE ORDERED that the defendant be detained until trial.
27   The defendant will be committed to the custody ofthe Attorney General for
28   confinement in a corrections facility separate, to the extent practicable, from

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      Case 2:20-mj-06152-DUTY Document 10 Filed 04/27/22 Page 4 of 4 Page ID #:85



 1   persons awaiting or serving sentences or being held in custody pending appeal.
 2   The defendant will be afforded reasonable opportunity for private consultation
 3   with counsel. On order of a Court of the United States or on request of any
 4   attorney for the Government, the person in charge of the corrections facility in
 5   which defendant is confined will deliver the defendant to a United States Marshal
 6   for the purpose of an appearance in connection with a court proceeding.
 ~   [18 U.S.C. § 3142(1)]

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 9   Dated: Apri127, 2022
                                                          /s/
10                                                    ALKA SAGAR
                                            L7NITED STATES MAGISTRATE JUDGE
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