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case and his anticipated “numerous pretrial motions.” Def.’s Case 1:21-cr-00078-EGS Document 60 Filed 12/06/21 Page 14 of 1615 |
Reply, ECF No. 31 at 5. But, as stated above, Mr. Sullivan has |
not provided any evidence demonstrating that he is unable to pay |
for rent or other household necessities without the seized |
assets. Put simply, the Court has no reason to believe that Mr. |
Sullivan will be significantly harmed if adjudication of his |
claim is delayed until a post-trial proceeding pursuant to |
Federal Rule of Criminal Procedure 32.2. Finally, the third |
factor—risk of erroneous deprivation—also does not fall in Mr. |
Sullivan’s favor. While there may inevitably be “some risk” that |
the “probable cause finding reached in a nonadversarial context |
by a magistrate judge” is erroneous, Sunrise Academy, 791 F. |
Supp. 2d at 206; Mr. Sullivan’s conclusory allegation that the |
proceeds of the seized bank account are not the product of the |
criminal activity alleged in the indictment carries little |
weight. Indeed, in the declaration attached to his reply brief, |
Mr. Sullivan “acknowledge[s] that some of [his] assets were |
obtained from sale of videotape from January 6, 2021.” See |
Sullivan Decl., ECF No. 31-1 at 2. Based on the above, the Court |
thus finds that Mr. Sullivan has fallen short of the showing |
required to justify the holding of a pretrial hearing. |
II. Conclusion |
For the reasons stated above, Mr. Sullivan’s motion to |
release the seizure order related to his bank account in Utah Case 1:21-cr-00078-EGS Document 60 Filed 12/06/21 Page 15 of 1616 |
and to forbid seizures of other accounts, ECF No. 25, is DENIED. |
An appropriate Order accompanies this Memorandum Opinion. |
SO ORDERED. |
Signed: Emmet G. Sullivan |
United States District Judge |
December 6, 2021 Case 1:21-cr-00078-EGS Document 60 Filed 12/06/21 Page 16 of 16 |
UNITED STATES DISTRICT COURT |
FOR THE DISTRICT OF COLUMBIA |
UNITED ST |
ATES OF AMERICA : |
: CRIMINAL NO. 1:21- cr-00078- EGS |
v. : |
: |
JOHN EARLE SULLIVAN : |
: |
Defendant. : |
NOTICE OF DISCOVERY |
The United States of America, by and through its attorney, the United States Attorney for |
the District of Columbia, hereby informs the Court and defense that the attached discovery letter |
of December 6, 2021, was provided to defense counsel in this matter. |
Respectfully submitted, |
MATTHEW M |
. GRAVES |
United States Attorney |
By: |
Candice C. Wong Assistan |
t United States Attorney |
D.C. Bar No. 990903 |
555 4th Street, N.W., Room 4816 |
Washington, D.C. 20530202-252-7849 |
Candice.w |
ong@usdoj.gov |
Case 1:21-cr-00078-EGS Document 58 Filed 12/06/21 Page 1 of 1 |
UNITED STATES DISTRICT COURT |
FOR THE DISTRICT OF COLUMBIA |
UNITED STATES OF AMERICA, |
v. |
JOHN SULLIVAN, |
Defendant. |
Crim. Action No. 21-78 |
(EGS) |
ORDER |
For the reasons stated in the accompanying Memorandum |
Opinion, it is hereby |
ORDERED that Mr. Sullivan’s Motion to Release Seizure Order |
Related to Defendant’s Bank Account in Utah and to Forbid Seizures of Other Accounts, ECF No. 25, is DENIED. |
SO ORDERED. |
Signed: Emmet G. Sullivan |
United States District Judge |
December 6, 2021 |
Case 1:21-cr-00078-EGS Document 59 Filed 12/06/21 Page 1 of 1 |
UNITED STATES DISTRICT COURT |
FOR THE DISTRICT OF COLUMBIA |
UNITED STATES OF AMERICA |
21-cr-78(EGS) |
JOHN SULLIVAN |
MOTION FOR RECONSIDERATION OF DECEMBER 6, 2021 |
DENIAL OF MOTION TO RELEASE SEIZURE ORDER AND |
SUPPLEMENT TO MOTION TO RELEASE SEIZURE ORDER |
Defendant, John Sullivan, by and through undersigned counsel, |
does hereby respectfully seek reconsideration of the December 6,2021 |
Order of this Court denying his Motion to Release Seizure Order. ln support |
thereof, defendant submits the following information and supplements the |
original Motion as follows: |
1. Attached hereto as Exhibit #1 is a declaration from defendant's |