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United States v. Flynn

United States District Court, D. Massachusetts

January 26, 2018

UNITED STATES OF AMERICA
v.
RYAN FLYNN, Defendant

          ORDER ON FINDING OF VIOLATION OF PRETRIAL RELEASE

          David H. Hennessy United States Magistrate Judge.

         This is a proceeding under 18 U.S.C. § 3148. The Government has moved to revoke Defendant Ryan Flynn's release on conditions based on information indicating that after his August 7, 2017 detention hearing, Flynn participated in submitting a false and fraudulent loan application to a federally-insured credit union, thereby breaching the prohibition against committing a crime while on release. Following a hearing at which both sides submitted documents and proffered other information, I took the matter under advisement. For the reasons stated below, I DENY the Government's motion and order Flynn to remain on pretrial supervision. However, I add two further conditions of release. They are:

Flynn is prohibited from assuming any additional debt, either as a borrower or co-borrower, or from being the beneficiary, direct or indirect, of any loan assumed by another person, without submitting any such application to borrow to the Government and Probation Department two weeks before its submission to the proposed lender; and
On or before the close of business on February 5, 2018, Flynn is directed to notify the Digital Credit Union of, and correct, the inaccuracies in his salary and employment history in the loan identified in Government Exhibit 2 and assigned Document Number 2037156. Flynn shall serve a copy of such notification on the Government and Probation Department contemporaneously with the submission to the DCU.

         In addition to the foregoing, I modify the current release conditions as follows: Flynn's travel is restricted to the Commonwealth of Massachusetts.

         All other conditions of release remain in full force and effect.

         FACTUAL BACKGROUND

         Flynn is charged in an indictment with Conspiracy to Distribute Cocaine, in violation of 21 U.S.C. § 846, and two counts of Possession with Intent to Distribute Marijuana, in violation of 21 U.S.C. § 841(a)(1). See Docket No.4. Agents arrested Flynn on August 2, 2017 and, on August 7, 2017, I released Flynn on conditions. See Docket Nos. 10 and 14. Among the conditions of release was the statutorily-mandated prohibition that Flynn not commit a Federal, State, or local crime. See Docket No. 16; 18 U.S.C. § 3142(b). On January 8, 2018, the Government submitted a motion to revoke Flynn's release, alleging that in September 2017 - less than a month after the detention hearing - Flynn submitted a loan application to the Digital Credit Union (DCU) in which he grossly overstated his income, thereby committing, at a minimum, fraud in violation of 18 U.S.C. § 1014. See Docket No. 36. The motion also recited instances prior to Flynn's arrest and detention hearing in which Flynn and/or his wife submitted loan applications or other documents that inaccurately reported their salaries and employment. Id. In the Government's view, these prior instances establish a pattern of jointly-undertaken fraudulent activity that is relevant to assessing Flynn's culpability for the September 2017 DCU application. Id.

         I held a hearing on January 23, 2018 at which both sides submitted documents, proffered information, and argued their positions for and against revocation. See Docket No. 41. Among other things, the Government's evidence showed the following:

On September 1, 2017, Flynn signed a Security Agreement for a loan; the loan application inaccurately represented that Flynn earned $4, 166 per month (approximately $50, 000 per year), Ex. 2;
Flynn signed a letter dated June 9, 2018 sent to the Commonwealth, representing that Flynn was unemployed, had no income, and worked mostly seasonally, Ex. 1;
Accountants for Bandilla and Sons (identified in Flynn's Pretrial Services report as his employer for 15 years) wrote a letter dated November 29, 2017 reporting that Flynn earned $9, 250 in 2017, Ex. 3;
1099s issued by Bandilla and Sons showed that in 2014, Flynn received $27, 095 in compensation; in 2015, $36, 085 in compensation; and in 2016, $34, 750 in compensation, Ex. 4;
Flynn's wife submitted a loan application dated May 31, 2017 that falsely represented that she also worked at Bandilla and Sons and had done so for six years, earning $35, 000 per year, Ex. 5;
Flynn and his wife submitted a loan application dated May 25, 2016 that falsely represented that Flynn was a manager at Bandilla and Sons, had been employed there for 15 years, and earned $60, 000 annually. The same application falsely represented that Flynn's wife was and had been a ...

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