Case Document 138 Filed 01/04/18 Page 1 of 5 UNITED STATES COURT FOR THE DISTRICT OF COLUMBIA I 0 JAN Hit . .. (Static. 0.5 iiNl'l?ED STATES OF AMERICA, Courts to? 3hr; Cit Cotumttia Crim. Action No. 17*0201?2 (ABJ) RICHARD W. GATES lli. Defendant. 93.1.1123. After consideration of defendant Gates?s motion to modify conditions of release, [Dkt tit-t! 96, 98}, the govornmont?s response to dofondant?a motion 109, 124], defendant Gatcs?s tepiy i 19. 125}, as well as defendant?s supplemental response to the Court?s order [Dkt 1 16, 118], the motion is hereby grant?d in part and denied in part. Defendant has promised to forfeit $5,000,000.00 ii?he fails to appear for court proceedings, or fails to surrender to serve any sentenco that the Court imposes if he is convicted. To date, that promigc has been unsecured, and on Novomber 6, 2017, the Court found, for reasons. Stated on the record at a hoaring held that day, that release on personal recognizance with an unsecured appearance bond would not reasonably assure the appoarance of defendant as required. Under those: circumstances. the Bail Reform Act, 18 U.S.C. 31420:), roquircs the Court to order pretrial release: (A) subject to the condition that [he] not commit a Federal, State, or iocal crime . . . and (8) subject to the least rogtrictivc furthor condition, or combination of conditions, that [it] determines will reasonably assure [his] appearance. l8 use. 3142(c)(1)(A)w(B). Case Document 138 Filed 01/04/18 Page 2 of 5 in his motion, which was supplemented by an additional filing in response to questions posed by the (Snort on December 2t, see Resp. to Order [Did itil i to, 18] (?Resp to ("it?s Order?), defendant seeks to secure his promise to appear with real property and to pledge certain other assets, and he identities an individual, who has agreed to serve as at surety. Mot. to Modify Conditions of Release [13kt Wt 96, 98] (?Deli?s it does not appear that the real property and assets defendant has offered as security have a combined total value of $5,000,000.00, and defendant has not: provided information suf?cient to assure the Court that the surety has the means to satisfy the entire ibrfeiturc amount either. But considering all ofthe factors set forth in section 3142(g), inciuding defendant?s strong family ties to the region, the fact that defendant remained in the country Wl'tilC the case was under investigation and turned himseif in to face these charges, and the fact than the United States has not objected to the identi?cation of- -as a surety or informed the Court that defendant Gates has other assets at his disposal, the Court concludes that the conihioation ofcenditions set forth below is suf?cient, but not more restrictive than necessary, to ensure defendant?s appearance. 'l?heret?ore, pursuant to section 3i42tc)(1)t13), defendant will he released under the following conditions that the Court has determined are necessary: In his motion, defendant proposed that family members land ?Quid also serve as sureties, see Mot, but he failed to provide any information to stew that they ?have a net worth which shall have sufficient unencumbered value to pay the amount ofthe hail bone? as required by the Bail Reform Act. See l8 use. 3 l42(e)(t)(B)(xii); see also id. (The defendant ?shall provide the court with inlin'mation regarding the vatoe of the assets and of the surety if other than an approved surety and the nature and extent against the surety?s property?). In response to the (fourths minute order of December 21, 2017., delhndant revised his original proposal and explained that while -were the owners of property to he pledged as security under section they were not being proffered as surctics under subsection (xii). See Resp. to Li?s ()rder at it 2. L.) Case Document 138 Filed 01/04/18 Page 3 of 5 (A) Dela-minim must nut summit any state, (if local crime. (13) Pursuant to xcctinn 3 142(c)( defendant must execute an agreement to litrt?cit tbt?: t?nlluwlng pmpm'tics upmt failing to appear as required: The real property by Richard W. Unites ill and on Virginia Avenue. Ricbtnund, VA- tii) The real owned by and ?on Lane, Prince (icurge, VA The real property owned by _0n-R?ad~ Micllutbiart VA - (iv) The Richard W. Gates Whale Lift: insurance l?nlicy; The four ccounts owned by Richard W. Gates lit for iht.? benefit ul? (vi) The retirement and non?retirement accounts in name ot?Riclutrd W. (lattes Eli and (Vii) The - Individual Retirement Account in the name bl" Richard W. Gates ill(van) Ute-investment account in the name 01 Richard W. Dates lit. (C) The ol'cncb or account listed above, and any adult beneficiary of an IRA account must utsu each execute: an agreement tn l'brl?cit tin: property upon defendant?s litilut?e: to appear. Defendant and the must agree in writing, not to transfer or further encumber any ul?tbi: properties, and to rcmain curmnt on mortgage: and real estate tax payments. (l3) ?tn addition, pursuant to section the prupuscd surety, must execute an agreement to serve as a surety and fortuit up to $5,000,000.00 upon defendant?s failure tn appear. it? defendant fails to appear, all at the listed in paragraphs (Ext) tbmuglt above will be in the event the amount obtained as :1 result proceedings does not equal $53000..000.00, the surety be required :0 l'm-tbit the difference. The necessary sum :7 in: complete address at? each house in be l?orl?citcd and the account numbers fur the insurance nnlicy amt ?nancial accounts appear in the scaled exhibit to the nmtiun. Sec lix. to Det?fs Mm. lulu. 098-1}. Case Document 138 Filed 01/04/18 Page 4 of 5 may be generated through a combination of the liquidation ol? any and/or the sale of the Pinnacle Drive property. Dcl'cndunt notil?y Court once all of the necessary documents have been executed and in this case. At that time, the Court will issue a separate order releasing from the condition ol'permnnent homc confinement in Richmond. irginin, and he will be further to comply with the following conditions, to be monitored by the Pretrial Services Agency oi'thc linstern District ol? Virginia, thereattcr: 4, 6. Defendant must reside at the Virginia Avenue house in Richmond, Virginia. Defendant must abide by citricw of" 1 Hit) run. until 7:00 arm. Defendant must remain within the area Richmond, Virginia. may trio/cl to and from the District of Columbia For court appearances and for mcctings with counsel without seeking permission in advance from the Court, provided that he informs Pretrial Services of the dates of any travel and supplies the agency with his detailed itinerary three business days before any trip. Defendant must obtain permission oi'tltc Court for any other domestic travel, including travel to the District ol? Columbia for any other purpose. Any motion seeking, permission must be liked one wool; before the proposed trip and most explain why any proposed meeting cannot place in Richmond or through the use of phone or internist. Defendant may not leave the United States, and he may not apply for any additional passports or visas. Defendant?s wife shall surrender any and all current passports to the Pretrial Services Agency. Defendant must stay away from transportation facilities, including nirportsi train stations. bus stations, and private airports, other than for trips described in paragraphs 4 and 5. Case Document 138 Filed 01/04/18 Page 5 of 5 9. Defendant?s camp?ance with these conditions will be subject to electronic GPS monitoring. 10. Defendant must report in pemon 01105: a week to the Pretrial Services Agency. AMY Bl?l MAN ACKSON United States District Judge SO ORDERED. DATE: January 3, 2018