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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

_________________

United States of America, )

) No. CR 18-0422-PHX-SPL

Plaintiff, )

)

vs. ) Phoenix, Arizona

) April 16, 2018

James Larkin (2), ) 2:07 p.m.

)

Defendant. )

_____________________________ )

BEFORE: THE HONORABLE JOHN Z. BOYLE, MAGISTRATE JUDGE

TRANSCRIPT OF PROCEEDINGS-AMENDED

(Detention Hearing)

APPEARANCES:

For the Plaintiff:

U.S. ATTORNEY'S OFFICE

By: Kevin M. Rapp, Esq.

By: Dominic W. Lanza, Esq.

40 North Central Avenue, Suite 1200

Phoenix, Arizona 85004

For the Defendant:

ARGUEDAS CASSMAN & HEADLEY LLP

By: Ted W. Cassman, Esq.

803 Hearst Avenue

Berkeley, California 94710

Transcriptionist:

Laurie A. Adams

Sandra Day O'Connor U.S. Courthouse, Suite 312

401 West Washington Street, SPC-43

Phoenix, Arizona 85003-2151

(602) 322-7256

Proceedings Recorded by Electronic Sound Recording

Transcript Produced by Transcriptionist

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P R O C E E D I N G S

THE MAGISTRATE CLERK: Case Number CR 18-422, United

States of America versus James Larkin, on for detention

hearing.

MR. RAPP: Good afternoon. Kevin Rapp and Dominic

Lanza on behalf of the United States.

THE COURT: Good afternoon.

MR. CASSMAN: Good afternoon, Your Honor. Ted Cassman

appearing on behalf of Mr. Larkin. He's present and in

custody.

THE COURT: Good afternoon. Good afternoon, Mr.

Larkin.

Sir, we're here for your detention hearing. Let me

hear from the government first. What's the government's

position regarding detention?

MR. RAPP: Judge, the parties have reached an

accommodation on some terms and, therefore, we would be

withdrawing our motion to have the defendant detained.

THE COURT: All right. I have reviewed it. I have a

copy that's even been signed by Mr. Larkin of the release

conditions. Let me review those with you, and I will turn to

Mr. Larkin.

The request that is added to this case is that he not

travel outside of Maricopa County and that he be subject to

electronic monitoring. That electronic monitoring would not

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have the standard curfew, home detention, or home incarceration

but it would monitor his whereabouts in Maricopa County. Any

requests regarding electronic monitoring other than that?

MR. RAPP: No.

THE COURT: Regarding the surety and the properties

that have been placed before the Court, have you reviewed that

documentation?

MR. RAPP: We have, Your Honor. We're satisfied with

the documentation.

THE COURT: And both of the properties that are listed

you have information about those as well?

MR. RAPP: We do.

THE COURT: Okay. Mr. Cassman, anything you would

like to say regarding detention? I'm inclined to release Mr.

Larkin on the terms that have been agreed upon. They seem

sufficient to secure your attendance, Mr. Larkin.

But anything you would like to add?

MR. CASSMAN: I just wanted to put on -- first of all,

thank you to your staff very much and to Pretrial Services for

their facilitating this and getting it on earlier today. We

very much appreciate that.

Second, with regard to Maricopa County, the original

agreement between the parties was Arizona, and it's understood

that my office is in California and his daughter is in high

school in California. So we anticipate that there -- oh, and

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his son is graduating from Brown University in May. So we

anticipate there will be requests to travel outside Maricopa.

But I have discussed it with Pretrial Services and they assured

us if we give appropriate advance notice and an explanation and

appropriate location information it shouldn't be a problem.

THE COURT: All right. Good.

Anything else to add?

MR. CASSMAN: No.

THE COURT: Let me ask you regarding your involvement

in the surety first, were you involved in this process?

MR. CASSMAN: Obtaining signatures and filling it out?

Yes, I was, Your Honor.

THE COURT: And the amount of the bond as well, I just

want to know if you had -- if you understand what this is, the

appearance bond.

MR. CASSMAN: Yes.

THE COURT: And you reviewed it with Mr. Larkin?

MR. CASSMAN: Yes.

THE COURT: Okay. Mr. Larkin, I'm going to review it

with you as well. I wanted to make sure that you have talked

to your attorney about it and you know its implications.

Anything you wish to place on the record regarding

either the property or the surety bond.

MR. CASSMAN: No, Your Honor.

THE COURT: From Pretrial Services, anything to add

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today?

THE PRETRIAL SERVICES OFFICER: No, Your Honor. The

only concern I do have is with the possible length of travel.

We certainly can approve, however, it would be something where

it's for a few days at a time, not extended stays in

California, et cetera, just because of the location of the

monitoring equipment and the need to be able to access it to

make sure it's functioning properly.

THE COURT: Okay. Well, I will allow you to work with

Mr. Larkin and his counsel if need be. If it becomes a problem

you can contact the Court or U.S. Attorney's Office. These

things are usually worked out well between the parties. But if

there are concerns, raise it with the Court.

THE PROBATION OFFICER: I just wanted to go on record

with that. Thank you, Your Honor.

THE COURT: Thank you.

Mr. Larkin, before we continue, do you have any

questions for me?

THE DEFENDANT: No.

THE COURT: Okay. Let me tell you the simple terms of

your release conditions, and then I will review them in detail.

You are going to be released on court-ordered conditions. I

will review it all with you. As part of that process I have

received a copy of the appearance bond and also information

relating to two properties. In very simple terms, if you do

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not appear for your court proceedings, if you are convicted of

an offense and you fail to surrender for service of a sentence

or you fail to comply with the conditions of your release, you

could be back before the Court.

Importantly, if you fail to appear and you don't abide

by court orders, you are posting this amount of money and the

properties, and that means they are collateral. If you do not

abide by court orders or if you fail to appear, a hearing can

issue. You could lose these items, the money and the property.

Do you understand?

THE DEFENDANT: Yes. I understand.

THE COURT: You are going to hear me repeat that a few

times. I'm going to go through the details as well. This is a

substantial amount of money and the properties have significant

value, so I'm sure you are aware of that as well.

MR. CASSMAN: Your Honor, could I get a cup of water,

please?

THE COURT: Of course.

All right. Mr. Larkin, let me review with you your

release conditions. For the record, I have reviewed your case.

I have reviewed the two Pretrial Service reports and the

information submitted to the Court by the government and also

that's been placed before the Court in these documents. I find

that your release is appropriate. The bond and its surety and

the property are sufficient to secure your attendance, and I

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don't find that you are a danger.

So you are to appear at all proceedings as required,

surrender for service if a sentence is imposed. You will

maintain contact with your attorney by Friday noon of each

week. You can do that by telephone.

Do you understand those conditions?

THE DEFENDANT: Yes, I do.

THE COURT: It's always your responsibility to appear,

not your attorney's. If you fail to appear, of course, the

burden is on you at all times.

Do not commit any federal, state, local, or tribal

crime on release. Cooperate in the collection of a DNA sample

if authorized by law. Immediately advise the Court, your

attorney, and U.S. Attorney in writing if you change your

address or telephone number. If you wish to change your

address or telephone number, you must request permission to do

so and obtain that permission from Pretrial Services or the

Court.

Do you understand that?

THE DEFENDANT: Yes, I do.

THE COURT: Would you state for me, and for the

record, the residence that you will be residing at?

THE DEFENDANT: 5555 North Casa Blanca Drive, Paradise

Valley, Arizona, 85253.

THE COURT: Okay. The electronic monitoring I will

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review in just a moment, but that is the residence that will

show you will be at.

You are to report as directed to Pretrial Services.

You will meet with them after this hearing today. Does he have

clothing here today?

MR. CASSMAN: Yes.

THE COURT: Surrender all travel documents to Pretrial

Services by the 17th at 5 p.m.

Do you have travel documents?

THE DEFENDANT: No, the government has them.

MR. CASSMAN: And I'm informed the FBI, is it, is

going to be turning them over to Pretrial Services.

THE COURT: Okay. I want to be clear, though, sir,

that you don't have any travel documents, which means any

passports from the United States or elsewhere or any passport

cards. Is that correct?

THE DEFENDANT: That's correct.

THE COURT: From Pretrial Services? You have them?

THE PRETRIAL SERVICES OFFICER: Your Honor, we have

them.

THE COURT: Fair enough.

All right. Let's talk about the ability of you to

make purchases. There's been a recommendation that you not

make major purchases exceeding $1,000 without Pretrial

Services' approval. That excludes current recurring expenses.

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So I imagine those would be property-related expenses.

MR. CASSMAN: We anticipate also payments on cars,

possibly, and tuition for his children.

THE COURT: Okay. So tuition, cars, property. Any

business expenses, or is he completely out of the business?

MR. CASSMAN: There are no business expenses at this

time.

THE COURT: From the government then, properties,

tuition, vehicle payments. Any others known to the government?

MR. RAPP: No.

THE COURT: Okay. Mr. Larkin, those are the three

areas now that we have established them. I won't put them in

writing on your form, but we understand what they are. Those

are your recurring expenses. And if you have another one

contact Pretrial Services and notify them.

The importance of all of this is just to use common

sense and act in good faith. If you have a question, talk to

your attorney. Talk to Pretrial Services. We have described

three of those now, but if you think of another one that comes

up you are always better off notifying Pretrial Services in

advance. If you freelance and decide, oh, this is something I

think is covered, and it's not, you can be brought back before

the Court.

Pretrial Services will work with you, but you have to

meet them more than halfway. It's your responsibility. Does

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that make sense?

THE DEFENDANT: Yes.

THE COURT: Okay. You are not to assert any control

over Backpage.com. Is there anything we need to clarify?

Because right now that's an absolute prohibition.

MR. CASSMAN: There's nothing that needs to be

clarified, Your Honor.

THE COURT: That's an absolute prohibition over any

control over Backpage.com. Do you understand?

THE DEFENDANT: Yes, I do. I haven't been in control

for three years.

THE COURT: That's fine. I don't know anything about

your involvement in that company. I just asked in case you

have a question. Seems you don't have any control over it so

that should not be an issue. United States Attorney's Office

will be monitoring that as well.

Finally, you are to abide and take steps within three

days to transfer the balance of the Banque Wormser account.

Let me first have, I guess, Mr. Cassman, can you describe what

this condition means.

MR. CASSMAN: Your Honor, there's a bank account in

France that we have agreed to repatriate the funds. But there

was a little interdelineation in the previous bond that we

meant to include there, which is within 72 hours of release of

his computer to Mr. Larkin, because he's doesn't have the

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information at this time.

THE COURT: So upon release of the computer he has

three days to transfer?

MR. CASSMAN: Three business days, right?

THE COURT: Who has the computer?

MR. CASSMAN: The government's got the computer.

THE COURT: Is the government releasing the computer

to Mr. Larkin?

MR. RAPP: Yes, under certain conditions.

THE COURT: Okay.

MR. RAPP: So we're not exactly sure when that's going

to take place. As the Court knows, we have to image the

computer before we can make it available to him. And we are

negotiating whether that's going to be done by search warrant

or consent.

THE COURT: Thank you. One other question then.

It states that the amount of the account will retain

$20,000 in U.S. currency but the remainder, as I read this

correctly, is to be transferred?

MR. RAPP: That's correct.

THE COURT: You are not required to, but do you wish

to place on the record then what you believe would be

transferred from that account? It's enough that you know what

it is, but I want to be clear that if there's a dispute about

how much might be transferred, I don't want parties coming back

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before the Court saying, oh, we thought there was X amount and

he thought there was Y amount. If you have an understanding

between the two of you and it's something you want to put on

the record, we'll let you do that.

MR. CASSMAN: I don't think it's necessary. It's in

Euros, but we have a very good idea of how much is in the

account.

THE COURT: Fair enough. All right. Thank you.

So the government, at some point, is going to work to

have you either use or have access to this computer. And when

you have that access, you have three business days to transfer

the balance of that Banque Wormser account minus $20,000. And

that will be repatriated to the United States and specifically

that means that goes to, I presume, the government in relation

to this prosecution.

MR. CASSMAN: No. Actually, it's going to go to our

trust account, Your Honor.

THE COURT: Your trust account. Is that correct, Mr.

Rapp?

MR. RAPP: Yes. That's acceptable.

THE COURT: All right. That's fine.

THE PRETRIAL SERVICES OFFICER: Your Honor, is that

condition going to be monitored by the U.S. Attorney's Office

that they are going to be put on the release conditions that

will be monitored by the U.S. Attorney's Office?

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THE COURT: It will be monitored by them. Pretrial

Services will not need to be involved.

THE PRETRIAL SERVICES OFFICER: I'm just asking if

that can be stated in the conditions.

THE COURT: We will. So the U.S. Attorney's Office

will monitor that. And if there's some kind of non-compliance

they can bring it before the Court.

All right. Finally, you are not to take any steps to

access those funds during the pendency of the case. So between

now and the time that that's transferred, you are not to access

the funds. And even after they are accessed who has control

over this trust account?

MR. CASSMAN: I do.

THE COURT: All right. Okay. Anything else about

that trust account from the government?

MR. RAPP: No, Your Honor.

THE COURT: All right. Thank you.

Those are the conditions before the Court. Any

additions or corrections from the government?

MR. RAPP: None, Your Honor.

THE COURT: Mr. Cassman, any additions or corrections?

MR. CASSMAN: No, Your Honor.

THE COURT: Mr. Larkin, let me tell you as well that

you are to submit to location monitoring indicated and that

will be location monitoring technology at the discretion of

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Pretrial Services. So you have to abide by the electronic

monitoring. Essentially it's to track your whereabouts here in

Maricopa County because you have no other restrictions. You

can travel within Maricopa County. If you wish to travel

outside of Maricopa County, you need permission from Pretrial

Services. But you do have to abide by electronic monitoring.

Do you understand that?

THE DEFENDANT: Yes, I do.

THE COURT: Do you have any questions at all?

THE DEFENDANT: No.

THE COURT: Finally now, let me return now to the

purpose of the appearance bond. There's a secured bond of $1

million. I have reviewed the paperwork as well. Let me be

clear to you, I'm just going to read for you right out of this

appearance bond, it states that the bond may be forfeited if

you do not comply with the above agreement which requires you

to appear, surrender for a sentence, or comply with all

conditions of release.

Do you understand that?

THE DEFENDANT: Yes, I do.

THE COURT: The Court may immediately order the bond

of the amount surrendered forfeited to the United States. If

you do not comply with the agreement the Court may order a

judgment, a forfeiture against you in each surety in the amount

of the bond including interest and costs.

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Do you understand that?

THE DEFENDANT: Yes, I do.

THE COURT: This is a two-page form. I'm showing you

the second page. Is that your signature?

THE DEFENDANT: Yes, it is.

THE COURT: Below it is Margaret G. Larkin. Your

wife's name is Molly?

THE DEFENDANT: Yes.

THE COURT: Is this different?

THE DEFENDANT: No. Margaret is Molly.

THE COURT: Is Ms. Larkin here in court today?

MR. CASSMAN: She is, Your Honor.

THE COURT: Ma'am, would you please approach the

Court?

And thank you for stepping forward. Are you Margaret

G. Larkin?

Is that yes?

MS. LARKIN: Yes.

THE COURT: Thank you. On the second page of this

appearance bond form, there's a signature in blue ink. Is that

your signature?

MS. LARKIN: Yes, it is.

THE COURT: You were here while I just read the

conditions regarding the appearance bond. Did you hear them?

MS. LARKIN: I did.

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THE COURT: Do you understand then that if Mr. Larkin

fails to appear this $1 million bond is gone. It's forfeited.

The Court can enter a judgment. If he doesn't comply with

release conditions or if he doesn't surrender for a service of

sentence, those can also result in the loss of the $1 million.

Do you understand?

THE DEFENDANT: Yes.

THE COURT: Do you have any questions for me?

All right. Thank you.

Let me tell you as well, then, on the two properties,

Mr. Cassman, is she listed on these as well?

MR. CASSMAN: Yes, she is the surety, Your Honor.

THE COURT: Ma'am, do you understand there are two

properties here this also applies to?

MS. LARKIN: Yes.

THE COURT: All right. The first one is what's being

described as the Zinfandel Properties. Let me show you this

form. It has two pages and it also has Attachments A, B, and

then additional attachments. Let me show the second page to

you. Do you see that signature?

MS. LARKIN: Yes.

THE COURT: It's dated April 11, 2018. It's

captioned, "Agreement to Forfeit Real Property to Obtain a

Defendant's Release."

Did you review this entire document before you signed

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it?

MS. LARKIN: Yes.

THE COURT: Finally, let me review with you the Casa

Blanca agreement. Again, it has several pages. The first two

pages are pursuant to the Agreement to Forfeit Real Property to

Obtain a Defendant's Release. It contains exhibits. Let me

show you the second page as well. Do you see this page?

MS. LARKIN: Yes.

THE COURT: Did you review this entire document before

you signed it?

MS. LARKIN: Yes.

THE COURT: There's a waiver of a homestead exemption

as well. Do you understand that?

MS. LARKIN: Yes.

THE COURT: These are being placed up, in simple

terms, as collateral for Mr. Larkin's appearance. If he does

not appear, does not follow court orders, or fails to surrender

for a service of sentence these properties may also be

forfeited, taken away, lost. You and he would have no interest

in them. Do you understand?

MS. LARKIN: Yes.

THE COURT: Do you have any questions?

MS. LARKIN: No.

THE COURT: Finally, did you talk with an attorney

before you signed these?

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MS. LARKIN: Yes.

THE COURT: Was it Mr. Cassman or someone else?

MS. LARKIN: Mr. Cassman.

THE COURT: Mr. Cassman, anything else for the record?

MR. CASSMAN: No, Your Honor.

THE COURT: That's all, ma'am. Thank you very much,

sir.

Mr. Larkin, you understand as well that these items

are being placed as collateral for your appearance and the

requirement to follow court orders?

THE DEFENDANT: Yes.

THE COURT: Okay. Regarding those properties,

anything else from the government?

MR. RAPP: No, Your Honor.

THE COURT: Mr. Cassman?

MR. CASSMAN: No, Your Honor.

THE COURT: I will sign the documents relating to

these as well. This will place these two properties in the $1

million secured bond up as a requirement of your release in

this case. I will sign for your release conditions.

I will tell you again, Mr. Larkin, if you have any

questions about your release, if there's an issue, work with

Pretrial Services or your attorney. The worst thing you can do

is make decisions on your own and ask for forgiveness later.

It's always best to ask permission in this context. You are

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04:02PM

04:02PM

04:02PM

04:02PM

UNITED STATES DISTRICT COURT

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required to do that.

Do you understand all that?

THE DEFENDANT: Yes, I do.

THE COURT: You paid close attention, so thank you.

I will sign for your release. You are required to

report to Pretrial Services and I think the marshals will take

you there because you have to be fit for electronic monitoring.

All right. Regarding the conclusion of the hearing,

anything else from the government?

MR. RAPP: No, Your Honor. Thank you.

THE COURT: Mr. Cassman.

MR. CASSMAN: No, Your Honor. We do have the bond in

court. Do we take that downstairs to submit it?

THE COURT: Yes.

MR. CASSMAN: The secured bond, the actual million

dollar secured bond?

THE COURT: I thought we already had it here. You are

required to give that to us before you depart.

MR. CASSMAN: Okay.

THE COURT: Thank you all. We're adjourned.

(Proceeding concluded at 2:26 p.m.)

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UNITED STATES DISTRICT COURT

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C E R T I F I C A T E

I, LAURIE A. ADAMS, court-approved transcriber,

certify that the foregoing is a correct transcript from the

official sound recording of the proceedings in the

above-entitled matter.

DATED at Phoenix, Arizona, this 3rd day of May, 2018.

s/Laurie A. Adams

_______________________________

Laurie A. Adams

Case 2:18-cr-00422-DJH Document 196 Filed 06/14/18 Page 20 of 20