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Case 1:15-cr-00867-RMB Document 18 Filed 05/25/16 Page 6 of 29 Zarrab’s proposed bail conditions are an attempt to use his tremendous wealth to obscure the flight risk through a façade of security that is beyond the reach of all but a small subset of fabulously wealthy defendants. Putting aside the inequity of permitting a wealthy defendant to construct his own perceived prison staffed by a firm on his payroll, these conditions do not mitigate the risk of flight created by the nature of the charges, weight of the evidence, Zarrab’s personal background, and his duplicity to date. For these reasons, and those set forth more fully below, the defendant’s application for bail should be denied. BACKGROUND I. The Indictment Zarrab is charged in a four-count superseding indictment, S1 15 Cr. 867 (RMB) (the “Indictment”), attached hereto as Exhibit A, with conspiring from at least in or about 2010, up to and including in or about 2015, to: (1) defraud the United States and to impede the lawful functions of the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”), in violation of Title 18, United States Code, Section 371 (Count One); (2) violate the International Emergency Economic Powers Act, Sections 1701 to 1706 of Title 50 of the United States Code (“IEEPA”), and the Iranian Transactions and Sanctions Regulations, Part 560 of Title 31, Code of Federal Regulations (“ITSR”) (Count Two); (3) commit bank fraud, in violation of Title 18, United States Code, Section 1349 (Count Three); and (4) commit money laundering, in violation of Title 18, United States Code, Sections 1956 and 1957 (Count Four). A. Statutory Background The IEEPA authorizes the President to deal with “unusual and extraordinary threat[s] . . . to the national security, foreign policy, or economy of the United States” by declaring a national emergency with respect to such threats, 50 U.S.C. § 1701(a), and to take steps to address such threats, 50 U.S.C. § 1702. Section 1705 provides, in part, that “[i]t shall be 2
Case 1:15-cr-00867-RMB Document 18 Filed 05/25/16 Page 7 of 29 unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this title.” 50 U.S.C. § 1705(a). The President has repeatedly declared such a national emergency with respect to the Government of Iran: beginning with Executive Order No. 12170, issued on November 14, 1979, President Jimmy Carter found in response to the Islamic Revolution in Iran and the takeover of the American Embassy in Tehran, that “the situation in Iran constitutes an unusual and extraordinary threat to the national security, foreign policy and economy of the United States and declare[d] a national emergency to deal with that threat.” Exec. Order 12170, 44 Fed. Reg. 65729 (Nov. 14, 1979). A few years later, in 1987, President Ronald Reagan issued an Executive Order finding “that Government of Iran is actively supporting terrorism as an instrument of state policy” and “has conducted aggressive and unlawful military action against U.S.-flag vessels and merchant vessels of other non-belligerent nations engaged in lawful and peaceful commerce in international waters of the Persian Gulf and territorial waters of nonbelligerent nations of that region.” Exec. Order 12613, 52 Fed. Reg. 41940 (Oct. 30, 1987) On March 15, 1995, President William Jefferson Clinton again found that “the actions and policies of the Government of Iran constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States[.]” Exec. Order No. 12957, 60 Fed. Reg. 14615 (Mar. 17, 1995). On two other occasions in 1995 and 1997, President Clinton again found that the actions and policies of the Government of Iran constituted a threat to the national security, foreign policy, and economy of the United States. See Exec. Orders 12959 (May 6, 1995) and 13059 (Aug. 19, 1997). These orders, among other things, prohibited the exportation, reexportation, sale, or supply, directly or indirectly, to Iran of any goods, technology, or services from the United States or by a United States person and 3
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Dear Mr. Parham, Good week !, Furth
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