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Hamada Makarita Release Motion

Hamada Makarita Release Motion

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Published by Emily Babay

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Published by: Emily Babay on Apr 20, 2012
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12/22/2014

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IN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA, ))v. ) Criminal Case 1:12MJ141)HAMADA MAKARITA, ))Defendant. )MOTION FOR REVOCATION OF ORDER SETTING CONDITIONS OF RELEASEThe United States respectfully moves this Court, pursuant to 18 U.S.C. § 3145(a), torevoke the Order issued by the Honorable Thomas Rawles Jones, Jr., setting conditions
of the defendant’s release
, to set a hearing for this motion as soon as practicable. TheUnited State
s further requests that this Court order the defendant’s detention pending
 further proceedings.In support of the Motion, the United States submits the following:1.
Statutory Authority
. 18 U.S.C. § 3142(f)(2) permits the government to seekdetention based on a serious risk of flight (18 U.S.C. § 3142(f)(2)(A)), or risk ofattempted obstruction of justice or intimidation of witnesses (18 U.S.C. §3142(f)(2)(B)). Evidence recently provided to the government supportsdetention for obstruction of justice and intimidation of witnesses. Further,previously existing evidence supports detention based on a high risk of flight toEgypt.
Case 1:12-mj-00141-JFA Document 24 Filed 04/17/12 Page 1 of 6 PageID# 51
 
-2-2.
 
The Procedural Posture
. On March 15, 2012, Judge Jones, Jr., conducted a Rule 5hearing in this case. The Government did not seek detention of the defendantand Judge Jones entered an order permitting the pre-trial release of thedefendant, on conditions to include the relinqui
shment of defendant’s passport
and DEA license and a prohibition on writing prescriptions. On April 9, 2012,this Court amended conditions of bond to allow the defendant to retrieve hisU.S. passport in order to travel to Toronto, Canada, on April 26, and return it tothe probation office on April 30, 2012.3.
 
During the investigation of Dr. MAKARITA by Agent Joseph Parker of the FBIsubsequent to his arrest and release on bond, it became apparent thatMAKARITA contacted patients and other witnesses and discussed the chargeagainst him, in violation of law.
See
Affidavit of Joseph Parker in Support ofMotion for Revocation of Order Setting Conditions of Release (hereinafter
“Parker Affidavit”)
at ¶¶ 25-28 and 30. On April 5, 2012, Counsel for thegovernment notified defense counsel by e-mail of this activity and warned
Defense counsel that MAKARITA’s failure to immediately cea
se contactingwitnesses would result in a motion to revoke bond. Defense counsel confirmedreceipt of the e-mail and requested clarification which the government providedon April 6, 2012.4.
 
On April 12, 2012, MAKARITA appears to have called the cellular telephone ofK.D., who is
MAKARITA’s
former office manager whom he fired in April 2010.
Case 1:12-mj-00141-JFA Document 24 Filed 04/17/12 Page 2 of 6 PageID# 52
 
-3-
See
Parker Affidavit at ¶ 14. K.D. is Confidential Informant 1 in the affidavit insupport of the criminal complaint. The call that was apparently from Dr.MAKARITA
’s cellphone
was verified by Agent Parker the following day uponexamination of
K.D.’s
cellular handset.
Id., at
15. In the months prior to hisMarch 15, 2012, arrest, Dr. MAKARITA appears to have intimidated K.D. bycalling her cellular telephone and hanging up or leaving heavy breathing on thevoicemail.
Id., at
21-22. In September 2011, u
sing the defendant’s cellphone,
a male (presumably Dr. MAKARITA)
harassed K.D.’s
employer on threeoccasions by making accusations against K.D.
Id., at
17-20. The attemptedcontact on April 12, 2012, from Dr. MAKARITA made K.D. frightened for her
daughter’s safety
, given that she does not know what Dr. MAKARITA would do.
Id., at
¶ 15.5.
 
In early April 2012, MAKARITA intimidated his current employee M.A. forcooperating with the FBI investigation.
Id., at
23-27. For example, Dr.MAKARITA
told M.A. that she would go to jail if she didn’t speak to the defense
investigator. Id., at 25. Also, Dr. MAKARITA would speak to M.A. abouther statements to the FBI in front of patients.
Id.
at 26. These statementswere made before and after Defense counsel was warned about Dr.
MAKARITA’s
possible witness tampering.
Id.
at
 
¶ 23-26.6.
 
In March 2012, MAKARITA also spoke to patients about prescriptions he wroteto them after his arrest and release on bond.
Id., at
28-31. He specifically
Case 1:12-mj-00141-JFA Document 24 Filed 04/17/12 Page 3 of 6 PageID# 53

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