Opinion
00 Crim. 0263 (LAK).
September 24, 2004
ORDER
Defendant's reply papers in support of his motion for an order releasing him from imprisonment for civil contempt arrived after the Court had denied the motion. The Court treats the reply papers as an application for reconsideration, grants reconsideration, and considers the matter de novo. Nevertheless, the Court finds the reply papers insufficiently persuasive.
First, the Court previously found that Chusid and his father control Planar S.A. Nothing in defendant's papers persuade it that they do not. It is within their power to cause Planar to transfer the Planar funds to authorities in the United States. The fact that he has taken some formal actions which, on their face, might appear to be directed at achieving this end does not persuade this Court that he has done everything within his power. Indeed, some of these steps have characteristics which might well be construed as suggestions to their ostensible audiences to ignore Chusid's requests, as there are made merely for the purpose of attempt to make a record that will get him out of jail.
Second, even assuming that the funds in the receiver's account from the sale of the New Jersey property ultimately may reduce the unpaid balance of Chusid's restitution obligation, the fact remains that this has not occurred.
In all the circumstances, the Court is not persuaded that Chusid has established clearly his inability to pay.
On reconsideration, the motion again is denied.
SO ORDERED.