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LLEN: Supplement Briefing

LLEN: Supplement Briefing

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Published by Unemon
Case 2:14-cr-00024-RAJ Document 9 Filed 04/01/14
Case 2:14-cr-00024-RAJ Document 9 Filed 04/01/14

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Published by: Unemon on Apr 02, 2014
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05/01/2014

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United States’ Supplement In Support of Motion for Detention/ - 1 Dickson Lee, CR14-024RAJ
UNITED STATES ATTORNEY 700
 
S
TEWART
S
TREET
,
 
S
UITE
5220 S
EATTLE
,
 
W
ASHINGTON
98101 (206)
 
553-7970
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Magistrate Judge James P. Donohue UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNITED STATES OF AMERICA, Plaintiff, v. DICKSON LEE, Defendant.  NO. CR14-024RAJ UNITED STATES’ SUPPLEMENTAL FILING IN SUPPORT OF A MOTION FOR DETENTION The United States of America files this supplemental briefing in support of its motion to detain the defendant, Dickson Lee, pending trial. Lee was arrested on March 16, 2014, upon entry at Sea-Tac airport from Taipei, Taiwan. Lee has been charged in a ten count Indictment for securities fraud, false certifications, and false submissions to the Securities and Exchange Commission. A detention hearing has been set for April 1, 2014. Detention is warranted because Lee presents both a serious risk of flight and a serious risk of obstruction of justice.
See
 18 U.S.C. § 3142(f)(2). Indeed, Lee has already attempted to mislead Pretrial Services in an effort to gain release by hiding the extent of his overseas ties and failing to provide requested information. As detailed  below, Lee’s ties to the Western District of Washington are superficial, he has little incentive to remain in the United States, and he has access to substantial wealth in Taiwan. Finally, Lee has attempted to tamper with two witnesses during the course of
Case 2:14-cr-00024-RAJ Document 9 Filed 04/01/14 Page 1 of 9
 
 
United States’ Supplement In Support of Motion for Detention/ - 2 Dickson Lee, CR14-024RAJ
UNITED STATES ATTORNEY 700
 
S
TEWART
S
TREET
,
 
S
UITE
5220 S
EATTLE
,
 
W
ASHINGTON
98101 (206)
 
553-7970
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this investigation, presenting serious concerns about the integrity of the proceedings if Lee is not detained.
I. BACKGROUND
 Dickson Lee is the Chief Executive Officer and Chairman of the Board of L&L Energy, Inc., a NASDAQ listed company. According to L&L’s public filings, L&L’s  business consists of coal mining and coal wholesale in China. L&L maintains its “corporate headquarters” in Seattle, Washington, but no revenue generating operations are conducted anywhere in the United States. On January 29, 2014, a grand jury returned a ten count indictment charging Dickson Lee with Securities Fraud, in violation of 18 U.S.C. § 1348, False Sarbanes-Oxley Certifications, in violation of 18 U.S.C. § 1350, and False Submissions to the Securities and Exchange Commission, in violation of 15 U.S.C. §§ 78m(a) and 78ff. The maximum statutory penalties associated with these various offenses range from twenty to twenty five years imprisonment and millions of dollars in fines. The indictment alleges, in essence, that Dickson Lee in 2008 through 2009, fabricated the existence of a Chief Financial Officer for L&L Energy, representing that a certain individual was the company’s CFO when she was not; and forged required CFO certifications that accompanied the company’s annual and quarterly financial reports, falsely attesting to the accuracy of the reports and existence of internal controls. Furthermore, when the individual whose name he had used to forge the CFO certifications discovered the fraud, the indictment alleges that Dickson Lee paid the individual for her silence and then engaged in a cover-up resulting in further material misrepresentations to the investing public.
II. ARGUMENT
 The Bail Reform Act requires a court to order a defendant detained pending trial, if no condition or combination of conditions will reasonably assure (1) the appearance of the person required, and (2) the safety of any other person and the community. 18 U.S.C. § 3142(e). In making the determination as whether conditions exist as to assure both
Case 2:14-cr-00024-RAJ Document 9 Filed 04/01/14 Page 2 of 9
 
 
United States’ Supplement In Support of Motion for Detention/ - 3 Dickson Lee, CR14-024RAJ
UNITED STATES ATTORNEY 700
 
S
TEWART
S
TREET
,
 
S
UITE
5220 S
EATTLE
,
 
W
ASHINGTON
98101 (206)
 
553-7970
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  prongs, § 3142(g) requires the court to take into account four statutory factors: (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the person; (3) the history and characteristics of the person, including his character,  physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history, and record concerning appearance at court proceedings; and (4) the nature and seriousness of the danger to any person or community that would be posed by the person’s release. The  burden of proof rests with the Government which must establish risk of flight by a  preponderance of the evidence, and risk to others and the community by clear and convincing evidence.
United States v. Motamedi
, 767 F.2d 1403, 1405 (9th Cir, 1985).
A. Dickson Lee Poses a Serious Risk of Flight.
Dickson Lee is charged with offenses that carry substantial penalties, including jail time. Lee has no incentive to remain in the United States and substantial means available to permanently flee the country. Lee’s willingness to mislead Pretrial Services, and by extension, this Court, with respect to his ties to Taiwan are indicative of how far he is willing to go to obtain release. At the time of initial appearance, Lee acknowledged to Pretrial that he travelled frequently to China, but pointed to homes he owned in the Seattle area as evidence of ties to this District. Lee also stated that he had certain bank accounts overseas, but provided no details as to the amount and extent of foreign assets. No one to date has come forward on Lee’s behalf with any details regarding Lee’s foreign assets in spite of Pretrial requests. When asked about family ties in the area, Lee disclosed one adult child in the Boston area, and siblings in other parts of the United States. Lee’s information to Pretrial is misleading, designed to hide the extent of his true ties to Taiwan, the amount of assets he maintains overseas, and the superficial nature of his connection to this District. First, there is a basic conflict of information regarding where in the United States Lee maintains a residence, if at all. Even though Lee
Case 2:14-cr-00024-RAJ Document 9 Filed 04/01/14 Page 3 of 9

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