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Kenneth Starr

Kenneth Starr

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Published by mhartenstein

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Published by: mhartenstein on Dec 20, 2010
Copyright:Attribution Non-commercial


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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK- - - - - - - - - - - - - - - - - -XUNITED STATES OF AMERICA: -v.- :10 Cr. 520 (SAS)KENNETH STARR,:Defendant.:- - - - - - - - - - - - - - - - - -X
PREET BHARARAUnited States Attorney for theSouthern District of New YorkOne St. Andrew’s PlazaNew York, New York 10007William HarringtonMichael BosworthAssistant United States Attorneys-Of Counsel-
Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 1 of 15
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK- - - - - - - - - - - - - - - - - -XUNITED STATES OF AMERICA:-v.- :10 Cr. 520 (SAS)KENNETH STARR,:Defendant.:- - - - - - - - - - - - - - - - - -X
Approximately one month ago, Flora Edwards, counsel for thedefendant, informed the Government that the defendant was aboutto satisfy the conditions of bail set by the Court on July 26,2010. In response, the Government indicated to Ms. Edwards thatit would move to revoke the defendant’s bail in light of thedefendant’s guilty plea and in light of the fact that newevidence suggested that the defendant’s proposed co-signorslacked suasion over him. Specifically, the Government obtainedNovember 2010 emails in which, among other things, the defendantexpressed contempt for the brothers who were set to post thelion’s share of the security for the defendant’s bond and inwhich the defendant expressed a desire to sever all ties with hisbrothers and their families post-sentencing. After theGovernment informed Ms. Edwards of the existence of these andother emails and shared them with her, Ms. Edwards informed theGovernment that the defendant would no longer persist in his-1-
Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 2 of 15
efforts to secure his release prior to sentencing. As a result,and to prevent the defendant’s views of his brothers from beingpublicly aired, the Government did not move to revoke thedefendant’s bail.Subsequently, on December 14, 2010, after notifying theGovernment, Ms. Edwards filed a motion to reduce the defendant’sbail. The Government respectfully submits this memorandum inopposition to the defendant’s motion and in support of theGovernment’s motion to revoke the bail.As detailed more fully below, the Government submits thatdetention – not a reduction in the conditions of bail – isappropriate. The defendant was a flight risk before he pledguilty, and he is even more of a flight risk now. Moreover,precisely because he has pled guilty, it is now his burden toestablish “by clear and convincing evidence” that he is notlikely to flee. He cannot do so for a number of reasons: (1)under the terms of his plea agreement, the defendant now faces asubstantial term of imprisonment, namely, a stipulated Guidelinesrange of 120-151 months’ imprisonment, as well as a substantialrestitution obligation of up to $50 million; (2) the defendant’sties to the community are greatly attenuated given that, amongother things, his business is now defunct and his relationshipwith his family is even more strained; and (3) the defendant iscurrently seeking to obtain, and may already have received,-2-
Case 1:10-cr-00520-SAS Document 34 Filed 12/17/10 Page 3 of 15

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