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United States v. Kimmy

United States District Court, D. Minnesota

September 26, 2017

United States of America, Plaintiff,
v.
Gregory Allen Kimmy, a/k/a Fat P, Defendant.

         ORDER AND MEMORANDUM

         This matter is before the Court pursuant to Defendant Gregory Allen Kimmy's Motion for a Hearing on Detention and for a Grant of Pre-Trial Release. (Doc. Nos. 301 & 304.) On August 24, 2017, the United States of America (the “Government”) filed a Motion for Detention and Opposition to Defendant's Motion for Release. (Doc. No. 342.) On September 1, 2017, Defendant filed a Response to Government's Motion for Detention and Opposition to Defendant's Motion for Release. (Doc. No. 350.)

         On May 30, 2017, the Government filed an emergency motion to stay and for review and revocation of the Magistrate Judge's release order. (Doc. No. 58.) On May 30, 2017, this Court filed an Order granting the Government's motion for emergency stay pending the Court's ruling on the Government's motion. On June 1, 2017, the Court filed an Order and Memorandum ordering Defendant detained pending further order of this Court. (Doc. No. 72.)

         On September 19, 2017, a detention hearing was held before the undersigned. At the hearing, the Court took the matter under advisement.

         ORDER

         1. Defendant Gregory Allen Kimmy's Motion for Hearing on Detention and Pretrial Release (Doc. Nos. [301] & [304]]) is DENIED.

          MEMORANDUM

          DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE

         The Second Superseding Indictment before the Court charges the Defendant with Conspiracy to Commit Sex Trafficking, in violation of 18 U.S.C. § 1594 (Count 1); Conspiracy to Commit Transportation to Engage in Prostitution, in violation of 18 U.S.C. § 371 (Count 3); Conspiracy to Engage in Money Laundering, 18 U.S.C. § 1956 (Count 4); and Conspiracy to Use a Communication Facility to Promote Prostitution, 18 U.S.C. § 371 (Count 5). (Doc. No. 314 (“Indictment”).)

         Defendant was allegedly one of the house bosses for the sex-trafficking organization. House 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. (Indictment ¶ 5b.) In exchange, house bosses retained a significant portion of the cash that the victims received, typically forty percent. (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.) 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. (Id. ¶ 3.)

         Defendant and his wife are both indicted house bosses in this case. (Id. ¶ 5.) Defendant and his wife are lessors of a house where law enforcement observed activity consistent with an active house of prostitution-i.e., a series of men, later identified by the victims as sex buyers, entering and leaving the house at hourly intervals. (Doc. No. 58 at 8-9.) Defendant was observed at the house of prostitution, and a phone number associated with him was used to schedule sex buyers. (Kimmy I, Doc. No. 17 (“Order”) ¶ 2.) Additionally, the Government states that witnesses-including a co-defendant- will testify that Defendant was a house boss. Moreover, the Government asserts that at least one victim will connect Defendant to the human trafficking conspiracy by testifying that she was transported around the United States, including to Defendant's house of prostitution.

         Defendant has consistently asserted that the allegations against him constitutes, if anything, misdemeanor prostitution in the State of Texas, and he has steadfastly denied that he has any connection to an international sex-trafficking conspiracy. However, in seeking search warrants, Special Agent Price set out specifics about Defendant's alleged role in the criminal conspiracy. Specifically, Agent Price identified victims known by the nicknames “Ray” and “Lekki” who worked out of the West Wells Branch Parkway apartment leased by Kimmy and his wife. Ray reported that she had recently paid off her $40, 000 bondage debt without specifying to whom, but without suggesting that it was Defendant or his wife, and also stated that during her period of debt, she worked in various houses of prostitution, including significantly, Kansas City, Los Angeles, and, at Kimmy's place, in Austin. Ray also identified Defendant by photograph and disclosed that she had to pay him half of the money earned from commercial sex acts. Ray also stated that she received text messages from Defendant regarding the range of commercial sex acts with the phone number that is associated with Defendant.

         Pursuant to Rule 46(b) of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3142, the Court considered the following factors in assessing the continued detention of Defendant:

(1) the nature and circumstances of the offense charged, including whether the offense ...

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