Just announced - U.S. Justice Department issues motion to keep Perlitz in jail and intends to issue warrant for Perlitz's arrest in Eastern District of New York

Copy

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA : No. 3:09CR207(JBA)

v. :

DOUGLAS PERLITZ : July 14, 2010

GOVERNMENT'S MOTION TO STAY ENTRY OF ORDER OF DISMISSAL

On July 14, 2010, the Court issued a Ruling and Order

Dismissing Indictment for Improper Venue ("Dismissal Order") in the above captioned matter. By this motion, the Government moves for an Order from the Court staying entry of the Dismissal Order. The Government submits that a stay is an appropriate exercise of the Court's discretion to enable the Government to review the Court's Dismissal Order and decide what actions are necessary in light of the Court's Order. A stay is necessary to prevent defendant - - a person who has been previously detained by a magistrate judge in this District for the reason that he is a danger to the community - - from being released from custody.

See Rule 12(g), Fed. R. Crim. P. ("If the court grants a motion to dismiss based on a defect in instituting the prosecution, in the indictment, or in the information, it may order the defendant to be released or detained under 18 U.S.C § 3142 for a specified time until a new indictment or information is filed.")

As the Court indicated in its Dismissal Order, the Court's ruling "does not prohibit the Government from seeking an indictment against Perlitz in judicial district(s) in which venue would be proper." Dismissal Order at 2. Thus, the Government intends to seek the filing of a criminal complaint and the issuance of an arrest warrant for defendant Douglas Perlitz in the Eastern District of New York. In order to ensure that such complaint can be filed and that an arrest warrant can be executed, the Government requests the Court stay entry of the Dismissal Order.

Furthermore, as the Court is aware, the Government has the right to appeal a district court ruling dismissing an Indictment.

In order to pursue an appeal, the United States Attorney's Office for the District of Connecticut must consult with, and obtain the approval of, the Department of Justice.

In order to properly review the Court's Dismissal Order and determine whether an appeal will be filed, the Government requests that the Court stay entry of the Dismissal Order.

Respectfully submitted,

DAVID B. FEIN

UNITED STATES ATTORNEY

/s/

KRISHNA PATEL

ASSISTANT U.S. ATTORNEY

United States Attorney's Office

915 Lafayette Boulevard

Bridgeport, Connecticut 06604

203)696-3000 telephone

203)579-5575 fax

Krishna.Patel@usdoj.gov

Federal Bar No. CT24433

CERTIFICATE OF SERVICE

I hereby certify that on July 14, 2010 a copy of the foregoing Government's Motion to Stay was filed electronically and served by mail on anyone unable to accept electronic filing.

Notice of this filing will be sent by email 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/_________________________

Krishna Patel

Assistant United States Attorney