|Richard powers motion for bail, exhibits, gary michelson, revenge, scorched earth, billionaire, costa rica, teak farm,|
UPDATE: Bail hearing is continued two weeks. Judge requested briefs from both parties on "special circumstances." Richard had lots of supporters in court. Right now it looks very favorable on the flight risk, danger to society issues.
"Special circumstances" is a little complex. This article goes into how to show special circumstances.
The article states one must show (1) high probability of success on the merits, (2) Unusually prolonged or delayed extradition proceedings, (3) Lack of "diplomatic necessity" for denying bail, (4) other circumstances sometimes recognized as "special," i.e. health, juvenile status, religious practice, need to attend to other legal proceedings, wide spread communal support, nature of offense charged, acquittal in the requesting country, parity of treatment with a co-defendant who had been released on bail, availability of bail in the US for charged offense, (5) circumstances not usually considered "special" which may be i.e., lack of flight risk/danger to society, failure to receive credit for time served in US, lack of prior criminal record, good character of defendant, tactics or motive of requesting government. Based on all of these "special circumstances" I think Powers has a good chance of prevailing if the judge is fair.
Hearing was postponed to 2:00 p.m. Powers and his team are confident they have the evidence and law to prove Powers should be allowed bail and should not be extradited to Costa Rica. Of course having the law and evidence on your side means nothing when corruption and lots of money is involved. Hopefully this is a fair and just judge.
08/11/2017 14 SCHEDULING NOTICE by Magistrate Judge Alka Sagar as to Defendant Philip Richard Powers. The previously scheduled detention hearing set for 08/11/17 at 11:00 AM has been rescheduled to 08/11/17 at 2:00 PM before Magistrate Judge Alka Sagar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(afe) TEXT ONLY ENTRY (Entered: 08/11/2017)
PD filed another motion with more letters of support.
Another letter of support.
ORIGINAL: Here is Richard Powers' motion for bail. The attorney brings up the fact that statute of limitations have run, double jeopardy and Powers was cleared of charges in Costa Rica. Another friend of Richard's who is an attorney went into the specifics of the extradition treaty between the US the Costa Rica. Based on all this evidence and law Richard should not be extradited and should be released on bail while he awaits the extradition hearing. Currently there is a scheduled status conference in September.
08/10/2017 12 RELATOR'S MOTION FOR BAIL; EXHIBITS filed by Defendant Philip Richard Powers (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-H)(Castillo, Pedro) (Entered: 08/10/2017)
Exhibits A to C. This is the translation of the criminal case in Costa Rica. It also includes various orders from the civil case here in Los Angeles.
Exhibits D to H. The attorney forgot to redact Richard's social security number, driver's license number.... This is a redacted copy which I made. I only removed his confidential information. This is the court file for the criminal case here in Los Angeles and letters of recommendation from friends and family saying that Richard is a well loved member of the community and not a flight risk. I didn't know this. Richard has not been able to get a job. He has instead been volunteering at different places.
More about Articulo 222.
ARTÍCULO 222.- Se impondrá la pena establecida en el artículo 216, según el monto de la defraudación, al que por cualquier razón, teniendo a su cargo el manejo, la administración o el cuido de bienes ajenos, perjudicare a su titular alterando en sus cuentas los precios o condiciones de los contratos, suponiendo operaciones o gastos exagerando los que hubiere hecho, ocultando o reteniendo valores o empleándolos abusiva o indebidamente. (Así reformado por la Ley No. 6726 del 10 de marzo de 1982)
Google translate into English.
ARTICLE 222.- The penalty established in article 216, according to the amount of the fraud, shall be imposed, which for any reason, having in charge the management, administration or care of property of others, will harm the owner altering in its Accounts the prices or conditions of the contracts, assuming operations or expenses exaggerating what they have done, hiding or retaining values or using them improperly or improperly. (Thus reformed by Law No. 6726 of March 10, 1982)
Here is the referenced article 216 translated
ARTICLE 216. Whoever misleading another person or maintaining it in him, by means of the simulation of false facts or by means of deformation or concealment of true facts, using them to obtain an anti-juridical patrimonial benefit for himself or for a third party , Will be punished in the following manner: 1) With imprisonment from two months to three years, if the amount of the defrauded does not exceed ten times the basic salary (*). 2) With imprisonment from six months to ten years, if the amount of the defrauded exceeds ten times the base salary.
The preceding penalties shall be increased by one third when the facts mentioned above are made by any person who is the agent or administrator of a company that obtains, in whole or in part, its resources from the savings of the public, or by whom, personally or through an entity registered or not Inscribed, of any nature, has obtained its resources, totally or partially from the public savings. (Thus amended by Law No. 7337 of May 5, 1993). (*) The term "base salary" is defined in article 2 of Act No. 7337
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