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Case 2:10-cr-00186-MHT-WC Document 2401

Filed 03/02/12 Page 1 of 4



CR. NO. 2:10cr186-MHT

NOTICE OF GOVERNMENTS INTENT TO MOVE TO REVOKE DEFENDANT MCGREGORS CONDITIONS OF RELEASE UPON ISSUANCE OF A GUILTY VERDICT The United States, through undersigned counsel, hereby gives notice to the Court that, upon further consideration, the United States intends to move to revoke Defendant McGregors conditions of release upon the rendering of a guilty verdict against him.1 Under 18 U.S.C. 3143(a)(1), the Court shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence . . . be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under Section 3142(b) or (c). (emphasis added). McGregor is a substantial flight risk. As the Court is aware, McGregor has substantial financial resources as well as access to a private jet. Simply put, his current conditions of release

When the United States previously represented to the Court that it would not seek to revoke the defendants conditions of release, it was relying on the mistaken impression from defense counsel that the government had taken that position at the first trial. However, the United States recently confirmed that, in fact, the United States had not given any assurances to McGregor or any defendant that it would not seek to revoke the conditions of release upon issuance of a guilty verdict. 1

Case 2:10-cr-00186-MHT-WC Document 2401

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would allow him to board a private jet and be flying toward a country with which the United States has no extradition treaty long before the electronic monitoring to which he is subject would send any alert to the probation office. Moreover, as previously established through sworn testimony at McGregors October 4, 2010 bond hearing, McGregor previously has demonstrated a refusal to submit to the authorities in connection with this case. When FBI agents arrived at McGregors residence to place McGregor under arrest, they were falsely informed by McGregors private security guard that McGregor was not home and was instead hunting in Macon County. 10/4/2010 Bond Hearing Tr. 21:14, 31:19-25. When an FBI agent attempted to speak to the private security guard in the rear of the property, the security guard hung up the phone and refused to speak to the FBI agent. Id. at 33:10-20. The FBI agents continued their attempts to gain access to the property for one hour. Id. When they eventually gained entrance into the residence, they were met by a private security major and McGregor eventually surrendered. Id. While being placed under arrest and being transported to the FBI, McGregor threatened the FBI agents multiple times, stating to them that they were making the biggest mistake of their lives. 10/4/2010 Bond Hearing Tr. 20. At the time of McGregors Bond Hearing the government sought only electronic monitoring, due in part to the fact that prior to a guilty verdict, the law presumes that a defendant will be released. See 18 U.S.C. 3142(b) (the judicial officer shall order pretrial release, unless determining that release will not reasonably assure the appearance of the person or will endanger the safety of any person). That presumption shifts after a jury returns a verdict of guilty, and requires clear and convincing evidence that a defendant is not a risk of flight in order for a judicial officer to order continued release. Accordingly, the government gives notice of its intent to seek remand if the jury convicts McGregor of any offense. 2

Case 2:10-cr-00186-MHT-WC Document 2401

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Dated: March 2, 2012

Respectfully submitted, LANNY A. BREUER Assistant Attorney General, Criminal Division U.S. Department of Justice Attorney for the United States Acting Under Authority of 28 U.S.C. 515 JACK SMITH Chief, Public Integrity Section By: /s/ M. Kendall Day M. KENDALL DAY EDWARD T. KANG EMILY RAE WOODS MARQUEST MEEKS Public Integrity Section U.S. Department of Justice 1400 New York Ave., N.W., 12th Floor Washington, D.C. 20005 Tel. 202-514-1412 Fax 202-514-3003

Case 2:10-cr-00186-MHT-WC Document 2401

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CERTIFICATE OF SERVICE I hereby certify that on March 2, 2012, I caused notice of the foregoing to be sent to counsel of record in this matter via the CM/ECF system.

__/s/ M. Kendall Day_______________ M. Kendall Day Trial Attorney Public Integrity Section U.S. Department of Justice 1400 New York Avenue, 12th Floor Washington, D.C. 20005 (202) 514-1412