United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
J. Lodge, United States District Judge.
before the Court in the above-entitled matter is the
Defendant's appeal from the Court's August 31, 2018
Detention Order (Dkt. 97) issued by Chief United States
Magistrate Judge Ronald E. Bush. (Dkt. 99.) The Court has
reviewed the record in this case including but not limited
to: (1) the parties' briefs; (2) the transcript of the
August 31, 2018 detention hearing before Judge Bush (Dkt.
115); (3) the August 31, 2018 Order of Detention Pending
Trial; and (4) the pre-trial services report prepared by the
United States Probation Office. In addition, the undersigned
held a hearing on September 20, 2018 in which the Government
and Defendant added to their proffers and made additional
arguments. (Dkt. 123). As explained more fully below and
following a de novo review of the record before
Judge Bush and as supplemented at the September 20, 2018
hearing, the Court affirms Judge Bush's Order of
Detention (Dkt. 97).
AND PROCEDURAL HISTORY
August 15, 2018, the grand jury returned a thirty-four count
Indictment charging ten different Defendants, including Pavel
Babichenko, with a range of crimes alleged to constitute a
counterfeit trafficking conspiracy. (Dkt. 1.) Pavel
Babichenko is charged with six counts including: (1)
conspiracy to commit wire fraud; (2) conspiracy to traffic in
counterfeit goods; (3)-(5) three counts of trafficking in
counterfeit goods; and (6) conspiracy to launder money.
August 23, 2018, the Government filed a Motion for Detention
and Pavel Babichenko was arraigned on the charges against
him. (Dkts. 26.) In addition, Judge Bush set the matter for a
detention hearing. (Dkts. 54, 87.)
August 28, 2018, the United States Probation Office issued a
pretrial service report and on August 31, 2018, Judge Bush
held a detention hearing. (Dkts. 96, 117.) At that hearing,
the Court heard from defense witness, Ryan Wilson; admitted
certain evidence in the record, Exhibits 1-4; and heard both
proffer and argument from counsel. (Id.) Ultimately,
Judge Bush issued the Order of Detention Pending Trial (Dkt.
97) that is the subject of this appeal.
Bush considered the factors set forth in 18 U.S.C. §
3142(g) in light of the information presented at the
detention hearing and concluded the Defendant must be
detained pending trial because the Government proved by a
preponderance of the evidence that no condition or set of
conditions of release would reasonably assure the
defendant's appearance as required. (Dkt. 97, p. 2.) The
reasons Judge Bush cited in favor of detention included: (1)
the weight of the evidence against the defendant is strong;
(2) he would be subject to a lengthy period of incarceration
if convicted; and (3) he has significant family or other ties
outside the United States. (Id. at pp. 2-3.) In
addition, Judge Bush made the following findings in support
• Extensive transfers of significant sums of money from
the United States to Brazil, to entities alleged to be
controlled by Defendant and Co-Defendants.
• Defendant has legal resident status in Brazil and the
Government proffers that he has stated that he is seeking to
obtain Brazilian citizenship.
• Repeated travel to Brazil, over a period of many
• Government's proffer that Defendant was directly
involved in sale of bulk counterfeit goods, with Defendant
openly making statements describing the goods as counterfeit.
• The large volume of alleged counterfeit goods in
Defendant's alleged ...