United States District Court, D. Minnesota
ORDER AND MEMORANDUM
DONOVAN W. FRANK United States District Judge
matter is before the Court on the Government's request
for de novo review of Magistrate Judge Franklin L.
Noel's Order Setting Conditions of Release filed on June
26, 2017, Doc. No 222. (Doc. Nos. 208 & 229.) After the
Magistrate Judge ordered Defendant released, the Court
granted the Government's request to stay the release
pending this Court's expedited review. (Doc. No. 209.)
The Government argues that Defendant should not be released
because there is no set of conditions that would reasonably
assure Defendant's appearance at trial or that Defendant
will not abide by the conditions of release. Defendant has
not filed an opposition to the Government's motion, but
the Court has reviewed Defendant's arguments in support
of release that were made to the Magistrate Judge.
upon the presentations of counsel, the Court having reviewed
the contents of the file in this matter, including the
transcript from the June 26, 2017 hearing, the Magistrate
Judge's Order (Doc. No. 222), the Pretrial Services
Report, and the Court being otherwise duly advised in the
premises, the Court hereby enters the following:
Government's Motion for Emergency Stay and for Review and
Revocation of Release Order (Doc. No. ) is DENIED.
Magistrate Judge Franklin L. Noel's June 26, 2017 Order
Setting Conditions of Release (Doc. No. ) is AFFIRMED.
Bhunna Win is one of the twenty-one individuals indicted as
part of an international sex-trafficking and money-laundering
organization. Win has been charged with Conspiracy to Engage
in Money Laundering, in violation of 18 U.S.C. §
1956(h). If convicted of this offense, then under the U.S.
Sentencing Guidelines, Defendant faces an advisory sentence
of between 235 and 240 months in prison.
members of the organization operated in roles as traffickers,
house bosses, and money launderers. Sometimes, members had
overlapping roles, but oftentimes they filled discrete
functions. Traffickers would recruit victims from Thailand
and facilitate their transport to the United States. The
traffickers held a bondage debt over the victims, which was
typically between $40, 000 and $60, 000. Once victims were
lured to the United States, they were forced to work long
hours-often all day, every day-having sex with strangers to
attempt to pay down their bondage debt. Victims typically did
not have the ability to choose with whom they had sex, what
sex transactions they would engage in, or when they would
have sex. (Doc. No. 16 (“Indictment”) ¶ 4.)
bosses would run the day-to-day operations, including
advertising victims for commercial sex acts, procuring and
maintaining the houses of prostitution, scheduling sex
buyers, and ensuring that a portion of the cash was routed
back to pay down the victim's bondage debts.
(Id. ¶ 5b.) In exchange, house bosses retained
a significant portion of the cash that the victims received,
typically 40%. (Id.) House bosses would also
coordinate with traffickers and other house bosses to
facilitate the victims' travel to other cities in the
United States. (Id.)
launderers were essential to the organization. The money
launderers made their bank accounts available for deposits
and then would coordinate withdrawals and transfers.
According to the Indictment, the organization has laundered
millions of dollars.
sought pretrial release. The Pretrial Services
Report recommended that she be detained because:
(1) she has foreign ties-she has family and a home in
Thailand; and (2) Defendant has uncertain employment. The
Magistrate Judge, however, granted conditional release, and
the Government appealed. The district court conducts a de
novo review of release and detention orders. Pursuant to
Rule 46(b) of the Federal Rules of Criminal Procedure and 18
U.S.C. § 3142, courts consider the following factors in
assessing the continued detention of a defendant:
(a) The nature and circumstances of the offense charged . ...