United States v. Kaplan
2:23-cr-00293
| E.D.N.Y | Aug 7, 2025Background
- Adam Kaplan is facing a twenty-one-count superseding indictment, including wire fraud, investment advisor fraud, money laundering, and attempted obstruction of justice, primarily for alleged schemes defrauding elderly and disabled victims of over $5 million.
- Kaplan was initially released on bail with conditions, but bail was revoked following serious violations, including further criminal conduct and witness tampering while on release.
- Kaplan is detained at MDC Brooklyn awaiting trial (set for September 8, 2025), and now seeks temporary release under 18 U.S.C. § 3142(i) to prepare for trial.
- Kaplan's request cites need for effective trial preparation, difficult access to counsel/discovery, and poor jail conditions, but does not primarily invoke medical reasons or MDC conditions as grounds for release.
- The court considers whether temporary release is "necessary" for defense preparation, balancing this need against the demonstrated risk Kaplan poses to the community.
Issues
| Issue | Plaintiff's Argument (Kaplan) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Need for temporary release for defense preparation | Release is required to meaningfully review discovery and confer with counsel for complex case | Alternative arrangements (laptop, legal visits) are sufficient for defense prep | Denied; current arrangements are adequate |
| Access to counsel and discovery in detention | Constraints at MDC prevent adequate review; only 7 private rooms; slow/no library use | Access to air-gapped laptop during legal visits; defense team visits MDC frequently | Denied; not an impediment justifying release |
| Jail conditions and alleged inadequate treatment | Poor, unsafe conditions hamper defense focus; release would aid well-being | MDC provides medical care; dangerous conditions not specific to Kaplan | Not compelling; does not justify release |
| Public safety and risk if released | Strict proposed conditions (security, no electronics) would manage risk | Prior violations show Kaplan is a danger and cannot be safely monitored | Danger to community outweighs other factors |
Key Cases Cited
- United States v. Dupree, 833 F. Supp. 2d 241 (E.D.N.Y. 2011) (release for defense prep denied where alternatives to review discovery existed)
- United States v. Gumora, 454 F. Supp. 3d 280 (S.D.N.Y. 2020) (release under § 3142(i) requires balancing claim of necessity against release risks)
- United States v. Stephens, 447 F. Supp. 3d 63 (S.D.N.Y. 2020) (release granted only where detention severely hindered access to legal resources)
- United States v. Smith, 660 F. Supp. 3d 210 (S.D.N.Y. 2023) (recognizing harsh MDC conditions insufficient alone to overcome danger to community)