United States v. Handler-Jacobs
697 F. App'x 86
| 2d Cir. | 2017Background
- Ruby Handler-Jacobs indicted on nine counts related to an international investment fraud allegedly defrauding investors of over $50 million.
- Charges included wire fraud, impersonation of U.S. employees, aggravated identity theft, money laundering, and related conspiracies.
- Arrested December 11, 2016, and detained without bail since that date.
- District court denied release, finding she posed an actual risk of flight and that no conditions could reasonably assure her presence at trial.
- District court relied on documentary evidence of extensive international activity (foreign bank accounts, travel) and that Handler-Jacobs allegedly participated in the scheme while on bail for a prior state securities fraud charge.
- Handler-Jacobs appealed detention as erroneous and as an unconstitutional prolonged pretrial detention; Second Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court clearly erred in finding risk of flight and that no conditions would assure appearance | Government: documentary evidence of international fraud, foreign accounts, travel, and architect at large support risk of flight | Handler-Jacobs: detention was improper / conditions could secure appearance | Affirmed — no clear error; district court reasonably found risk of flight and inability to assure appearance |
| Whether pretrial detention violated due process as unconstitutionally long | Government: prosecution and circumstances justify continued detention given risk and trial scheduling | Handler-Jacobs: detention length unconstitutional | Affirmed — reviewed de novo; considering strength of flight risk and trial imminence, detention constitutional |
Key Cases Cited
- United States v. Sabhnani, 493 F.3d 63 (2d Cir. 2007) (standard of review and burden for detention determinations)
- United States v. Briggs, 697 F.3d 98 (2d Cir. 2012) (framework for assessing due process challenge to detention duration)
- United States v. Millan, 4 F.3d 1038 (2d Cir. 1993) (de novo review guidance for constitutional detention claims)