DOUGLAS PERLITZ : GOVERNMENT'S MEMORANDUM IN SUPPORT OF MOTION TO DETAIN

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA : :: v. : 3:09CR207(JBA)(JGM) :: DOUGLAS PERLITZ : OCTOBER 9, 2009 GOVERNMENT'S MEMORANDUM IN SUPPORT OF MOTION TO DETAIN The Government moves for pretrial detention of the defendant because he is a sexual predator who has used a charitable institution that he himself founded to gain access to an incredibly vulnerable population – street children in Haiti - for a ten-year period of time so that he could sexually molest those children. Given the presumption of detention under the law because the charges involve crimes of violence against minors, the length of time that the defendant has engaged in abusing children, the manner in which he accessed the children, the level of control and manipulation he has maintained over individuals in Haiti (some of which is outlined in the Indictment) where the abuse occurred, the victims that he targeted, his access to millions of dollars of donated monies, his demonstrated willingness to live in one of the poorest countries in the world, and his extensive travel over the last ten years even though his own personal income was relatively low, there are simply no conditions of release Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 1 of 16 2 that can assure the safety of children in the community and his appearance in Court. I. BACKGROUND On September 15, 2009, a federal grand jury returned an Indictment charging Douglas Perlitz with seven (7) counts of traveling with the intent to engage in illicit sexual conduct, in violation of Title 18 U.S.C. § 2423(b), and three (3) counts of engaging in illicit sexual conduct in foreign places in violation of Title 18 U.S.C. § 2423(c). The charges are based on allegations that Perlitz sexually abused nine boys in Haiti over a ten-year period of time. The Indictment charges that in or about 1997, Perlitz founded Project Pierre Toussaint ("PPT") which was established as a boys school in Cap-Haitien, Haiti, located on the North Coast of Haiti. PPT provided services to street children of all ages. The staff of the intake center included American volunteers who received a small stipend for their work as well as Haitians who were involved with a variety of day to day operations. In or about 1999, The Haiti Fund, Inc. (the Haiti Fund), was incorporated as a charitable, religious and educational organization and operated as the fund-raising arm of PPT. The members of the board of the Haiti Fund were all individually chosen by a close friend and influential religious leader who had Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 2 of 16 1 The term boys and children is used interchangeably in this memo. Many of the boys or children have now reached the age of majority. The allegations of abuse, however, occurred when they were under 18 years of age. 3 met and befriended Perlitz while Perlitz attended college in Connecticut. Over 2 million dollars was transferred from the Haiti Fund to an account that Perlitz controlled in Haiti. These monies did not include other significant capital expenses and other expenses that were directly paid by the Haiti Fund for PPT. In addition, it has recently come to light that there may have been funds raised on behalf of the Haiti Fund that cannot be accounted for. While Perlitz was the director of PPT, Perlitz appears to be the only individual with access to, and control over, the monies that were sent to Haiti by the Haiti Fund. Perlitz had access to an enormous sum of money by Haitian (and American) standards and thus far there does not appear to be an accurate accounting of what happened to these monies. Moreover, many witnesses, including the children who have informed authorities that they were sexually abused by Perlitz, and others have provided statements regarding the sums of cash that Perlitz was constantly carrying around with him. The boys1 who are victims identified in this case have notified ICE agents and others that Perlitz used the money to control them, to gain Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 3 of 16 4 access to them, and to entice them so that he could sexually abuse them. All of the children who are identified as victims in the Indictment have been personally interviewed both by the National Haitian Police ("HNP") as well as ICE agents in 2009 as part of ICE's investigation. All of them have stated their willingness to come to the United States to testify. In fact, the Government has obtained video-taped statements from many of the boys. While some of the boys are currently over 18 years of age, the allegations of sexual abuse charged in the Indictment occurred prior to any victim turning 18. ICE agents have also interviewed other individuals including Haitian staff and American volunteers who have spoken directly to children. Some of the other adult individuals who worked at PPT (both Haitian and American) have confirmed that the children told them about the sexual abuse that Perlitz inflicted upon them. ICE agents have also spoken directly with the members of the HNP who conducted a separate investigation in early 2008. Members of HNP confirmed that they spoke directly to children during their investigation. Significantly, many more than the nine children reported to HNP that they were sexually abused by Perlitz. It does appear that the Haitian Government has issued a provisional arrest warrant for Perlitz. Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 4 of 16 5 Moreover, in the Spring of 2008, the Haiti Fund hired a private firm in Haiti to investigate the allegations of sexual abuse of children by Perlitz. The report indicates that some children reported being abused by Perlitz and others reported that they were not abused by him. At least one of the individuals that the private firm spoke to is an identified victim in the Government's case. That individual reported to the private security company that he was sexually abused by Perlitz. II. LAW Section 3142(e) of the Bail Reform Act of 1984 requires that a defendant shall be detained pending trial if it is determined, after a hearing, that "no condition or combination of conditions will reasonably assure the appearance of that defendant as required and the safety of any other person and the community..." Indeed, the Bail Reform Act was amended on April 30, 2003, to include a presumption of detention in most cases involving sexual offenses against children. This amendment, which is referred to as the Protect Act, creates a presumption of dangerousness for individuals who, like the defendant, are charged with violating 18 U.S.C. § 2423. Section 3142(e) further states, "[s]ubject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 5 of 16 6 there is probable cause to believe that the person committed . . . an offense involving a minor victim under section . . . 2423 . . . of this title." This presumption was based in part on the Congressional determination that "[s]ex offenders and child molesters are four times more likely than any other violent criminal to repeat their offenses against children. This number demands attention, especially in light of the fact that a single child molester on average shatters the lives of over 100 children." 149 Cong. Rec. H3066 (daily ed. Apr. 10, 2003) (statement of Rep. James Sensenbrenner). As set forth in the Indictment, the defendant is charged under 18 U.S.C. 2423(b) and 2423(c) with intending to engage in, and engaging in, illicit sexual conduct with minors in Haiti. Moreover, a federal grand jury has already determined that there is probable cause to believe that the defendant committed ten crimes involving nine separate boys. As such, the United States is entitled to a presumption under 18 U.S.C. §3142(e) "that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community." 18 U.S.C. 3142(e). The burden is on Perlitz to overcome that presumption by producing evidence to establish that there are conditions of release which will ensure both Defendant's appearance at trial and the safety of the community. Moreover, as explained in Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 6 of 16 7 United States v. Mercedes, 254 F.3d 433, 437-38 (2d Cir. 2001), the factors that would normally weigh in favor of release such as citizenship and ties to the community do not overcome the presumption against pre-trial release. See United States v. Tomero, 169 Fed. Appx. 639, 641 (2d Cir. 2006) (citing Mercedes, the Court held that "factors favoring release such as citizenship and strong ties to the community do not overcome [the] presumption again[st] pre-trial release where defendant was charged with a violent crime and the evidence against him was strong"); see also United States v. Hir, 517 F.3d 1081, 1086 (9th Cir. 2008). In evaluating whether there are conditions of release which will ensure the appearance of Perlitz and the safety of the community, the Court must consider: (1) the nature and circumstances of the crimes charged; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant, including family ties, employment, financial resources, community ties, drug or alcohol abuse history, past conduct; and (4) the nature and seriousness of the danger to the community or to an individual that would be posed by release. See 18 U.S.C. § 3142(g). Even if a defendant has met his burden of production relating to danger to the community and risk of flight, the presumption favoring detention does not disappear, but "remains Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 7 of 16 8 in the case as an evidentiary finding militating against release, to be weighed along with other evidence relevant to factors listed in § 3142(g)." Hir, 517 F.3d at 1086, citing United States v. Dominguez, 783 F.2d 702, 707 (7th Cir. 1986). III. DISCUSSION As set forth herein, the Government submits that based on the applicable law and evidence in this case, there are no conditions or combinations of conditions that will adequately ensure the safety of the community and deter flight. See 18 U.S.C. § 3142(g). Danger to the Community Perlitz has been charged with ten crimes of violence, as that term is defined in Title 18, United States Code, § 3156(a)(4). The circumstances of these crimes portray an individual who has set up an extensive charitable organization with the support of influential members of a community who provided significant financial support for him. The nature and circumstances of the offense, along with the strength of the evidence and seriousness of the danger posed by a man who has acted on his sexual desires towards children, demand pretrial incarceration of this defendant. In this case, the defendant is accused of actual, hands-on sexual abuse, namely with real children who are exceptionally Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 8 of 16 vulnerable. The facts that the conduct occurred in a foreign country, and that the children are located in a foreign country, should provide this Court no comfort with regard to the danger he poses to children generally. There can be no doubt that from 1998 until 2008, Perlitz was focused on children. He obtained large sums of money to open up a boys school in Haiti. He was the director of the school. Many witnesses have testified that he controlled every aspect of, and everyone at, PPT. He has even been referred to as the "King" of PPT. The children (and others, including Americans) that have come forward to date have talked about a hierarchy among the boys, where the boys who engaged in sex acts with Perlitz who received protection, money and material things while the others did not. By his own admission, discussed below, as well as through statements from many witnesses, Perlitz engaged in very disturbing behavior by permitting children to constantly sleep in his bedroom with him while he was the director of PPT. Even after the allegations of abuse publically surfaced in Haiti in 2007, Perlitz nevertheless returned to PPT and continued to have boys sleep in his room. In or about April 2008, Perlitz was directed by the Haiti Fund not to return to PPT. In July 2008, members of the HNP met with individuals from the Haiti Fund to discuss the findings of its investigation. As noted above, in the Spring of 2008, the Haiti Fund had separately hired a security company to look into the allegations of the abuse. Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 9 of 16 2 The Government notes that some of the individuals have reached the age of majority but all of the "children" being referred to were at one time street children who had been enrolled at PPT. 10 Even after Perlitz was no longer permitted to return to PPT and after he became aware that the Haiti Fund had begun an internal investigation into the sexual abuse allegations (and that the HNP had separately reported its findings to members of the Haiti Fund), Perlitz nevertheless remained focused on continuing his relationship with children2 formerly associated with PPT. In July 2008, Perlitz was residing in Fairfield County, Connecticut. Although he halted all further travel to Haiti (where he may have been subject to arrest), witnesses have confirmed that he instead began traveling to the Dominican Republic to meet children who had previously been associated with PPT. Travel records also confirm that Perlitz began to travel frequently to the Dominican Republic during that latter part of 2008 (and also confirm the fact that he stopped traveling to Haiti). See Exhibit 3. Perlitz himself has admitted his on-going connection to a group of boys (some who likely have reached the age of majority) in Haiti. At the time of Perlitz's arrest (after being provided with Miranda warnings), Perlitz made statements to ICE agents regarding his continuing contact with children in Haiti. Perlitz admitted to S/A Lundt that he traveled to the Dominican Republic Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 10 of 16 11 as recently as March 2009 to see "his kids." He also stated that he is in daily contact with individuals from Haiti. Perlitz admitted speaking to "boys in Haiti." He further admitted to receiving 17 phone calls from Haiti the day before his arrest. He further stated to Agent Lundt that he "lost his father" when he was only 24 years old. He went on to say that this was traumatic for him. He stated that "molestation would be tough" but that "victims should just get over it." He told Agent Lundt that he "got over" his father's death and "even though it was tough he moved on" and he said that abuse victims "need to move on and get over it." During a separate conversation, when discussing Perlitz's work at PPT, Perlitz admitted to S/A Lundt "that some boundaries were crossed and would not be condoned." When S/A Lundt asked him what he meant by boundaries, he noted that boundaries were crossed when he permitted children to stay overnight in his room with him but he denied any sexual contact with these children. Telephone records for Perlitz demonstrate frequent and constant activity with individuals in Haiti. It appears that Perlitz is constantly communicating with a small group of individuals formerly associated with PPT. These individuals communicate with Perlitz about providing them with money. Western Union records have confirmed that beginning in 2008 and continuing through 2009, Perlitz was sending money to a small Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 11 of 16 12 group of individuals in Haiti. The Government is aware that most of the wire transfers were to individuals formerly enrolled in PPT. If Perlitz was so brazen as to engage in such a long-term scheme to access a vulnerable population and to continue to visit with and contact individuals who were formerly street children enrolled at PPT in light of all of the investigations surrounding these allegations, he clearly is very focused on either controlling these individuals or has little control over his sexual impulses towards minors. In either case, he presents a clear and continuing danger. It is also worth noting that adult witnesses and children have informed ICE agents that Perlitz had at times an incredible temper. More importantly, two adult American witnesses have advised that they left PPT and became afraid while they were there because of this temper. Even some of the most stringent release conditions, such as electronic monitoring, would be insufficient in this case. While electronic monitoring can often minimize the risk of flight of defendants pending trial, it cannot adequately address the danger posed by those with a demonstrated sexual interest in children because electronic monitoring can only provide information on where a defendant is, and not what he is doing. Depending on the type of electronic monitoring used, there are various Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 12 of 16 13 limitations. With radio frequency monitoring, involving an ankle or wrist device, the location monitoring equipment only reports when a defendant enters or leaves the equipment's range--not where the defendant has gone or how far the participant has traveled. Electronic monitoring reveals absolutely nothing about the activities of the defendant, such as whether he has children in his house or in his presence, or whether he is communicating with minors over the Internet or via the telephone. Risk of Flight The crimes charged involve very serious penalties. The strength of the evidence as outlined above, combined with the likelihood of a significant prison sentence, provide a powerful incentive for this defendant to flee. With regard to the strength of the evidence, as noted above, the Government has obtained statements from all nine boys in Haiti regarding the sexual abuse allegations, including in many instances video-taped statements. The HNP's investigation corroborates that Perlitz engaged in sexual abuse of certain children. The Haiti Fund's internal investigation corroborates the same findings. Many adult witnesses (both Americans and Haitians) have provided compelling evidence regarding their concerns about Perlitz's sexual abuse. In addition, the defendant has a history of extensive international travel. His travel records and passport entries Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 13 of 16 3 Exhibit 1 is a copy of two of Perlitz's passports. The first passport was valid from July 2000 until July 2010. It appears that in 2008 Perlitz had to obtain a second passport because he no longer had sufficient pages for the stamps. Therefore the second passport is valid from March 2008 until 2018. Exhibit 2 is a copy of the ICE summary showing Perlitz's travel from April 1997 until December 2003. This summary will only show the port of exit and the initial foreign port of entry. It will not provide details of any further travel from the initial port of entry nor will it show any travel direct from Haiti to another foreign port. 4 In light of defendant's own admission regarding his financial situation, the Government will be requesting a Curcio hearing to determine who is paying defendant's legal fees. We will also be asking the Court to canvass the defendant to ensure that if the fees are being paid by anyone who is a potential subject or witness in this case that Perlitz understands any possible bias and waives his right to complain at a later date that his attorneys did not act in his best interests. 14 reveal significant travel. While a lot of the travel was between the U.S. and Haiti, the defendant has also engaged in significant other travel. See Exhibit 13 (evidencing travel to Thailand, Bhutan, Ecuador, Myanmar, Chile, and the Dominican Republic, among other countries). For an individual whose salary has been quite modest, he clearly has been able to access funds to support extensive international travel. Indeed, Perlitz has admitted to S/A Lundt that he currently only has about $1,000.4 Further, defendant has few ties holding him in Connecticut. Although he did travel back and forth from Haiti to Connecticut, it appears that his purpose when returning to Connecticut was to assist with fund-raising efforts and public awareness for PPT. When he returned to Connecticut, he Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 14 of 16 5 The Government will be requesting an order precluding Perlitz from speaking with any current or former Board member of the Haiti Fund who are all likely witnesses in this case. In addition, the Government will request that Pertliz have no contact with any American volunteer, staff member or any children who had been associated with PPT in Haiti. 15 associated primarily with individuals involved with the Haiti Fund.5 In fact, the address utilized for residency purposes was that of a religious leader who the Government understands no longer resides in Connecticut. Since July 2009, Perlitz has lived and worked in Colorado. Perlitz currently has no employment here in Connecticut. Moreover, the fact that the U.S. Government is in possession of his passport does not mean that he can no longer travel. ICE agents will be able to inform the Court about the movement of individuals across our border without valid entry or exit documents. IV. CONCLUSION For the foregoing reasons, the Government requests that its motion to detain the defendant be granted. Respectfully submitted, NORA R. DANNEHY UNITED STATES ATTORNEY /s/ KRISHNA R. PATEL ASSISTANT UNITED STATES ATTORNEY United States Attorney's Office 915 Lafayette Boulevard Bridgeport, CT 06604 (203) 696-3000 Federal Bar Number ct24433 Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 15 of 16 16 CERTIFICATE OF SERVICE I hereby certify that on October 7, 2009 a copy of the foregoing Government's Memorandum in Support of Motion to Detain was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the court's CM/ECF system. /s/________________________________