United States v. Sheldon Fidler

Appellant Sheldon Fidler (“Fidler”) appeals, pursuant to 18 U.S.C. § 3145 (c), a district court order denying his motion to modify the bail condition in his release order pending trial in this criminal case. Although the district court earlier granted Fidler bail pending trial, he remains in custody because he is unable to meet the financial condition that he post a $300,000 bond secured by deeding of real property. Fidler contends that the district court’s order and his continued custody violate various provisions of the bail statute, 18 U.S.C. § 3142 . We write to clarify the procedural and substantive requirements that obtain when a defendant is detained pending trial based on his inability to meet a financial condition of release imposed by the district court.

I

The Federal Trade Commission brought a civil enforcement action against Fidler in the Central District of California, alleging that he and others engaged in a fraudulent business opportunity scam, which allegedly resulted in over $30 million of losses for the victims. The district court in the civil case entered an order freezing Fidler’s assets, including all of his bank accounts, and directing Fidler not to remove…