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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 21-770, Document 20-2, 04/01/2021, 3068530, Page141 of 200 78 k7e2MaxC kjc because the conduct is 25 years old, And as to the risk of flight fact among other reasons. ors, Mr. Epstein had a prior felony conviction for conduct simi in the indictment. The package bet lar to that alleged fore Judge Berman was only two suretors, and any properties that were offered to Judge Berman at the proceeding were already subject to orfeiture and so could not be proposed. different situation in that case which was So it is a very, very not raised by the government, and that's why we didn't address it. The last point which I meant to r aise earlier, your Honor, and I will end with this, and I should have raised it earlier, what we sometimes s in bail cas es, and I'm sure your Honor has seen this, is the government says, well, the defendant was hiding and we hav vidence, your Honor, that the defendant was making plans to leave the country. That is the situation, frankly, in Judge Gleeson in 2000, the U.S. v. Zarger that the government but of course doesn't discuss the facts. that is sitting in New Hampshire at the time of the court to consider. ct here. To the contrary, the de So not to repeat all the argument the court for your time and listening, and we just think, Judge, case, the case by cites in its brief, There is nothing to fendant, our client, the arrest. SO there 18S no evidence that there was some sort of imminence for s we made, we thank for reading the submissions and when you step back, the SOUTHERN DISTRICT REPORTERS, (212) 805-0300 P a Gs DOJ-OGR-00001082