Cane’s reply to travel to Scotland is here: 20150601 Cane’s Reply Re Mtn to Travel (123110801776). The idea that Cane “poses no flight risk” is flatly laughable. She is 60 years-old and facing 20-30 years in prison. Moreover, she has spent the majority of her career working with Juanita Jardine “Jan Wallace” and Chloe Rita Jardine-Cutler to hide money at LOM Securities in nominee bank accounts. She has plenty of money to leave any U.S. assets behind without blinking an eye. Moreover, ask yourself this simple question: “would you give up $5 million for a chance to live 5 years if you were faced with 30 years?”
Cane’s attorney argues that because he has “personally represented” other clients who haven’t fled the country, then the Court should trust THIS client, Ms. Cane. “Indeed, I can represent to the Court that I have personally represented at least ten defendants in this District accused of committing “financial crimes” – often very serious ones – and none of those defendants have ever fled prosecution despite the very serious allegations lodged against them. Therefore, to the extent history is any guide, it favors the defendant here.”
This is stupidest argument I’ve ever heard for modification of bond; I wonder how much Cane paid for this. He further writes, “The government has cited no facts to suggest that Ms. Cane will act any differently than the thousands of other defendants accused of financial crimes in this district and others who have not fled prosecution.” This blog contains many facts which suggest that Ms. Cane will flee.
Ms. Cane’s attorney writes, “An opportunity to flee indeed exists. But the government offers no evidence that Ms. Cane is likely to flee this prosecution. Indeed, if she wanted to abscond, Ms. Cane does not need to travel to Scotland to do so. She could simply drive across the border into Mexico. Or she could fly her plane across the border. She has not done so, and that should give the Court confidence that she will not attempt to flee from Scotland if she is permitted to go there for a few days.” When Ms. Cane does abscond, it will be a sophisticated disappearance involving smoke and mirrors and deflection.
A welcome admission by Ms. Cane’s attorney, “Ms. Cane’s professional reputation has been destroyed by the allegations contained in the indictment, and she is unable to practice as a lawyer as a result of the charges in this case.” Ms. Cane deserves her “destroyed professional reputation”, she has stolen from tens of thousands and destroyed the professions of dozens of people with her frauds. Many innocent business professionals have been “destroyed” by her fraud schemes. Actions that she can neither take back or make right in any sense of the word. Ms. Cane’s attorneys further argues, “Rather than simply giving up on life, wringing her hands, and worrying about this case full time, Ms. Cane has begun the difficult process of changing careers at 60 years of age by working to obtain a new degree in a field unrelated to law. Pursuing her degree in microbiology at a local university is a lengthy process, and Ms. Cane’s decision to begin that process is some evidence that she is optimistic about the outcome of this case and is disinclined to flee. Ms. Cane is signed up for summer school, and plans to enroll in the fall semester before the Scotland trip. Ms. Cane’s actions plainly indicate intent to remain in the U.S. Ms. Cane is as rooted in her community as she ever was, and her enrollment in a local University is proof of that fact.” The idea that Ms. Cane will not flee to continue her degree in microbiology at age 60 is actually the stupidest argument I’ve heard for modification of bond.
Ms. Cane’s attorney states, “All of Ms. Cane’s ties are to this country, and the government provides no evidence whatsoever to suggest that Ms. Cane has taken any step to establish a residence abroad where she might flee.” Ms. Cane has taken steps to have a residence abroad, she has Ms. Jardine and Ms. Jardine-Cutler, who have sworn allegiances to her. They also have residences in Bermuda and Cayman Islands.
Finally, “Ms. Cane concedes that her bail conditions and minimal restrictions on her travel are appropriate given the magnitude of this case (although she disputes the government’s allegations as they pertain to her, as well as the wildly inflated claim of “losses” they have made)”; unfortunately the prosecutors have only charged Ms. Cane with the recent crimes from 2011 to date, and not the RICO case they could make of Ms. Cane’s activities dating back as far as 2001 with Ms. Jardine. As disappointing as it may be, there is hope that the NY prosecutors and NY FBI are more competent then the other FBI offices in identifying Ms. Cane’s almost two decade long frauds – which have much more losses – losses which Cane is fully responsible for. The public would welcome a superseding indictment of Cane (with the inclusion of additional co-defendants) which would increase her “wildly inflated claims of ‘losses'”.