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Advance storage suitable for a person charged with arson



Covid-19 No reason to allow arsonist bail

Imad Dawara (Dawara) is currently being held pending trial on ten bills stemming from his alleged involvement in setting a building on fire as part of an insurance fraud . He now goes to the bail and argues that he is neither dangerous nor flight risk. He also argues in light of the circumstances created by the ongoing novel Coronavirus 2019 (COVID-19), he should be released because he has underlying health conditions that make him a high risk of serious illness. Because legal visits are interrupted during the COVID-19 pandemic, Dawara argues that his release is necessary to prepare his defense and the restrictions violate his Sixth Amendment right to counseling that can only be remedied by his release.

In

United States v. Imad Dawara, Criminal Case No. 1

9-414-1, United States District Court for the Eastern District of Pennsylvania (May 12, 2020), the judge of the USDC court refused the bail and he appealed to the district judge .

BACKGROUND

On February 18, 2018 Dawara and his brother allegedly conspired and set fire to the building at 239-41 Chestnut Street in Philadelphia, Pennsylvania. The fire started in the basement of the building where the brothers' activities were held. After the fire, the brothers tried to collect their business insurance. Dawara and his brother were then charged with ten counts resulting from the incident.

After a lengthy investigation, Dawara was arrested and the government moved to repression. United States Magistrate Judge Timothy R. Rice held a hearing and granted the government's decision that Dawara was both a danger to society and a flight risk. Dawara has since been arrested at the Federal Detention Center in Philadelphia, Pennsylvania (FDC Philadelphia). Dawara and his brother are scheduled for trial as of September 14, 2020.

Dawara and his brother, through separate prosecution, were also charged with conspiracy to defraud the United States for their alleged behavior to avoid assessing their income tax liabilities from 2015 to and with 2017. The government again moved for advance repository. On April 22, 2020, United States Judge Jacob P. Hart granted the motion.

Due to COVID-19, a new and highly contagious respiratory virus, Pennsylvania (and the world) has been confronted with a rapidly changing public health crisis which

in light of the precautions required to prevent the spread of the virus, constitutes COVID-19 a unique challenge for the prison system. The Bureau of Prisons (BOP) has implemented several protocols to protect the health and safety of prisoners, staff and the public from the spread of the virus. BOP's efforts include quarantining new detainees at the facility until they are cleared, screening prisoners of health care services prior to placement, suspending visits, and significantly reducing traffic for individuals entering the facilities.

Due to the need to mitigate the risk of exposure created by external visitors, BOP and FDC Philadelphia canceled all legal visits on March 13, 2020. Although COVID-19 appears to be spreading in the community, as of May 11, 2020, there are no positive cases of COVID-19 among prisoners at FDC Philadelphia. In addition, no prisoners have presented any known symptoms of COVID-19, nor have any inmates required testing.

Dawara claimed that he was neither a danger to society nor a flight risk under the Bail Reform Act. He then argues that he should be released because he suffers from chronic kidney stones which make him a high risk of serious illness if he is affected by COVID-19 and because his release is necessary to prepare his defense. Finally, Dawara argues that his detention violates his Sixth Amendment right to counseling because he cannot meet his lawyer during the pandemic and the violation can only be remedied by his release.

The Court held a videoconference hearing on May 4, 2020.

DECISION

According to the law on bail reform, a court may order a defendant pending trial only if the court finds after a hearing "that no condition or combination of reasonable grounds ensures the person's conduct required and the security of other persons and the community. "18 USC § 3142 (e) (1).

The USDC concluded that the government met its burden to prove with evidence that Dawara is a flight risk and through clear and convincing evidence that Dawara is a

Accused crimes are serious Based on the prosecution, there is probable cause to believe that Dawara has committed a conspiracy to commit murder, a conspiracy to use fire to commit a federal crime, harmful damage with the help of fire in a building used in interstate commerce, wire fraud and postal fraud, and / or assisted and completed the implementation of its If convicted, Dawara faces a mandatory minimum of 17 years in prison, with the maximum sentence being 180 years in prison. By conspiring to set up and set the fire on in the early morning hours, Dawara and his brother put several lives in danger as the building housed private homes in addition to business and commercial spaces.

The government has presented significant circumstances. Dawara has international ties and if he were to escape, the government would be without using him to the United States. Although Dawara immigrated from Syria almost 20 years ago, he recently returned to Syria shortly before his arrest. After the arrest, he even retained his Syrian citizenship, despite his current position that he has no contacts with Syria.

Although Dawara does not have a criminal history or history of avoiding prosecution, the government's proven evidence shows that Dawara has a history of engaging in fraudulent and fraudulent behavior, some allegedly amount to criminal behavior that led to his prosecution in it. here the case and the case of tax fraud. Dawara's alleged behavior was not only part of an insurance fraud, but also many lives in danger. As a result of the fire, at least one firefighter was injured and several privately owned pets were killed.

The Court concluded that the government has fulfilled its burden to show with a preponderance of the evidence that Dawara is a flight risk and through clear and convincing evidence that he poses a danger to society and that there is no compelling cause, including the existence of COVID-19, which motivates Dawara's release.

Arson for profit – especially in a structure occupied by innocent people – is the most vicious form of insurance fraud. When a rich person with citizenship is committed in a foreign country like Syria, the chance of escaping jurisdiction is high. The fuel was about innocent residents of the structure and injuring a firefighter made it clear that the defendant would not be granted bail.


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now restricts his practice of acting as an insurance consultant specializing in insurance coverage, insurance claim management, bad faith insurance and insurance fraud almost as well as insurance fraud. . He also acts as arbitrator or mediator for insurance-related disputes. He has practiced law in California for more than 44 years as an insurance coverage and attorney management attorney and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 52 years, Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurance companies and their claims staff to become professional insurance claims.

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