MEMORANDUM OPINION
Colleen Kollar-Kotelly United States District Judge.
A
federal indictment charges Defendant Glen Omer Viau with one
count of making false statements to the United States
government, in violation of 18 U.S.C. § 1001(a)(1).
These alleged false statements concern the export of
restricted United States Navy data to the People's
Republic of China (“China”) during a business
proposal to China's naval force. Defendant has moved
under 18 U.S.C. § 3142 to modify the conditions of his
release so that he is permitted to travel to Vietnam,
Singapore, Thailand, and China for business reasons. Upon
consideration of the briefing, [1] the relevant legal authorities,
and the record as a whole, the Court GRANTS IN PART
AND DENIES IN PART Defendant's [33] Motion to
Modify his Conditions of Release. The Court will modify
Defendant's conditions of release so that he is permitted
to travel to Vietnam, Singapore, and Thailand for business
purposes, providing that Defendant provide the Pretrial
Services Agency with an advance copy of his itinerary and
that Defendant continue his weekly check-ins with the
Pretrial Services Agency. However, for the reasons explained
below, the Court will not permit Defendant to travel to
China.
I.
BACKGROUND
The
Court draws on the briefing and the docket for certain
relevant proceedings in this matter. On January 8, 2019,
Defendant was indicted on one count of making false
statements in violation of 18 U.S.C. § 1001(a)(1).
Gov.'s Opp'n, ECF No. 35, 2; Indictment, ECF No. 4.
Initially, Defendant was released from the District of
Columbia jail on a $50, 000 cash bond and ordered to reside
in the District of Columbia and to check-in with the Pretrial
Services Agency in person on a weekly basis. Def.'s Mot.,
ECF No. 33, 1. In February, the Court modified the conditions
of Defendant's release and allowed him to return to his
family in Vancouver, Canada and to conduct weekly check-ins
telephonically with the Pretrial Services Agency.
Id. On June 7, 2019, the Court further modified
Defendant's conditions of release, allowing him to travel
to designated locations within Canada and Europe for family
and business purposes with advance notice to the Pretrial
Services Agency. Id. at 2; June 7, 2019 Order, ECF
No. 29.
The
Government did not object to any of the above modifications
to the conditions of Defendant's release. Additionally,
Defendant has been in compliance with the conditions of his
release, checking-in with the Pretrial Services Agency weekly
by phone and attending scheduled Status Hearings.
Defendant
now moves for a further modification of his conditions of
release. Defendant requests that he be allowed to travel to
Vietnam, Singapore, Thailand, and China for business
purposes. The Government does not oppose his travel to
Vietnam, Singapore, or Thailand. As travel to those countries
is not opposed, and the Court concludes that it can still be
reasonably assured of Defendant's appearance, the Court
GRANTS IN PART Defendant's Motion and permits his travel
to Vietnam, Singapore, and Thailand for business purposes.
Defendant should provide an advance copy of his travel
itinerary to the Pretrial Services Agency prior to any travel
and should continue his weekly check-in with the Pretrial
Services Agency. However, the Government does oppose the
modification of Defendant's conditions of release to
allow travel to China. As such, the Court's analysis
focuses on Defendant's request that he be allowed to
travel to China. The Court finds that the inclusion of a
condition permitting Defendant's travel to China would
not reasonably assure the appearance of Defendant as
required.
II.
LEGAL STANDARD
The
touchstone of the pretrial detention inquiry is whether a
defendant's “release will not reasonably assure the
appearance of the person as required or will endanger the
safety of any other person or the community.” 18 U.S.C.
§ 3142(b). Imposition of a condition or combination of
conditions of release may be necessary to achieve such
assurance. Id. § 3142(c). Failing that, a
defendant is detained until trial. See Id. §
3142(a), (e); see also § 3142(d) (providing for
temporary detention in certain circumstances).
In
determining appropriate conditions of release, the Court
takes the following factors into consideration:
(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a
violation of section 1591, a Federal crime of terrorism, or
involves a minor victim or a controlled substance, firearm,
explosive, or destructive device;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including-
(A) the person's character, physical and mental
condition, family ties, employment, financial resources,
length of residence in the community, community ties, past
conduct, history relating to drug or alcohol abuse, criminal
history, and record concerning appearance at court
proceedings; and
(B) whether, at the time of the current offense or arrest,
the person was on probation, on parole, or on other release
pending trial, sentencing, appeal, or completion of sentence
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