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Case 1:12-mj-00141-JFA Document 24

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Criminal Case 1:12MJ141

MOTION FOR REVOCATION OF ORDER SETTING CONDITIONS OF RELEASE The United States respectfully moves this Court, pursuant to 18 U.S.C. 3145(a), to revoke the Order issued by the Honorable Thomas Rawles Jones, Jr., setting conditions of the defendants release, to set a hearing for this motion as soon as practicable. The United States further requests that this Court order the defendants 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 seek detention based on a serious risk of flight (18 U.S.C. 3142(f)(2)(A)), or risk of attempted obstruction of justice or intimidation of witnesses (18 U.S.C. 3142(f)(2)(B)). Evidence recently provided to the government supports detention for obstruction of justice and intimidation of witnesses. Further, previously existing evidence supports detention based on a high risk of flight to Egypt.

Case 1:12-mj-00141-JFA Document 24

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The Procedural Posture. On March 15, 2012, Judge Jones, Jr., conducted a Rule 5 hearing in this case. The Government did not seek detention of the defendant and Judge Jones entered an order permitting the pre-trial release of the defendant, on conditions to include the relinquishment of defendants 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 his U.S. passport in order to travel to Toronto, Canada, on April 26, and return it to the probation office on April 30, 2012.


During the investigation of Dr. MAKARITA by Agent Joseph Parker of the FBI subsequent to his arrest and release on bond, it became apparent that MAKARITA contacted patients and other witnesses and discussed the charge against him, in violation of law. See Affidavit of Joseph Parker in Support of Motion for Revocation of Order Setting Conditions of Release (hereinafter Parker Affidavit) at 25-28 and 30. On April 5, 2012, Counsel for the government notified defense counsel by e-mail of this activity and warned Defense counsel that MAKARITAs failure to immediately cease contacting witnesses would result in a motion to revoke bond. Defense counsel confirmed receipt of the e-mail and requested clarification which the government provided on April 6, 2012.


On April 12, 2012, MAKARITA appears to have called the cellular telephone of K.D., who is MAKARITAs former office manager whom he fired in April 2010. -2-

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See Parker Affidavit at 14. K.D. is Confidential Informant 1 in the affidavit in support of the criminal complaint. The call that was apparently from Dr. MAKARITAs cellphone was verified by Agent Parker the following day upon examination of K.D.s cellular handset. Id., at 15. In the months prior to his March 15, 2012, arrest, Dr. MAKARITA appears to have intimidated K.D. by calling her cellular telephone and hanging up or leaving heavy breathing on the voicemail. Id., at 21-22. In September 2011, using the defendants cellphone, a male (presumably Dr. MAKARITA) harassed K.D.s employer on three occasions by making accusations against K.D. Id., at 17-20. The attempted contact on April 12, 2012, from Dr. MAKARITA made K.D. frightened for her daughters 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. for cooperating with the FBI investigation. Id., at 23-27. For example, Dr. MAKARITA told M.A. that she would go to jail if she didnt speak to the defense investigator. Id., at 25. Also, Dr. MAKARITA would speak to M.A. about her statements to the FBI in front of patients. Id. at 26. These statements were made before and after Defense counsel was warned about Dr. MAKARITAs possible witness tampering. Id. at 23-26. 6. In March 2012, MAKARITA also spoke to patients about prescriptions he wrote to them after his arrest and release on bond. Id., at 28-31. He specifically -3-

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discussed refills that patients did not remember receiving. Id. at 28 and 30. He discussed his case with at least one patient after government counsel warned Defense counsel about witness tampering. Id. at 24. In addition to speaking to employees and patients, we are aware of at least one instance where Dr. MAKARITA contacted former girlfriends about the case. Id. at 27. After interviewing one former girlfriend on April 4, 2012, the government learned that Dr. MAKARITA, prior to his arrest, had threatened to blackmail her with explicit sexual videos taken on his cellular handset. Id. 7. In sum, Dr. MAKARITAs actions in intimidating current and former employees and girlfriends, and in contacting and discussing prescriptions with patients, constitute strong grounds for revocation of bond and detention pending further proceedings. See 18 U.S.C. 3142(f)(2)(b). As the government informed this Court at the April 10, 2012, bond hearing, Dr. MAKARITA has strong ties to the country of Egypt. Id. at 10-13. He has duel citizenship with Egypt, wealthy parents who can support him, and connections with a strong network in Egypt. Id. After the April 10 bond hearing, government counsel learned that in a moment of confidence, and when confronted about his illegal activities, Dr. MAKARITA admitted to K.D. in or about 2009-10 to having a plan to go to Egypt if he were to get in trouble. Id. at 9. The government believes that the statements to K.D. about going to Egypt and the witness intimidation and


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tampering are separate grounds for revocation of bond. See 18 U.S.C. 3142(f)(2)(A)-(B). For the foregoing reasons, the United States respectfully requests that this Court promptly set a hearing on this motion to revoke bond as soon as practicable, and order that the defendant be detained. Respectfully submitted, Neil H. MacBride UNITED STATES ATTORNEY By: _________/s/________________ Mazen M. Basrawi Special Assistant U.S. Attorney Office of the U.S Attorney 2100 Jamieson Avenue Alexandria, Virginia 22314 Phone: 703.299.3948 Email:


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CERTIFICATE OF SERVICE I certify that on April 17, 2012, I filed the foregoing with the Clerk of Court using the CM/ECF system, which will send an electronic notification of this filing to the following:
James Roscoe Tate Tate Bywater & Fuller PLC 2740 Chain Bridge Rd Vienna, VA 22181 (703) 938-5100

Respectfully submitted, Neil H. MacBride United States Attorney


/s/ Mazen M. Basrawi Special Assistant United States Attorney United States Attorneys Office Eastern District of Virginia 2100 Jamieson Avenue Alexandria, VA 22314 Phone: (703) 299-3849 Fax: (703) 299-3980