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United States v. Vincent Gigante, Andrew Gigante, Sureties-Appellants
Citations: 85 F.3d 83; 1996 U.S. App. LEXIS 13135Docket: 2006
Court: Court of Appeals for the Second Circuit; May 30, 1996; Federal Appellate Court
Vincent Gigante, the defendant-appellant, and his sureties appeal a U.S. District Court order denying reconsideration of a bail condition mandating the forfeiture of bail collateral if Gigante commits any crime while released. Gigante is charged with offenses related to his alleged leadership of the Genovese crime family and is awaiting a competency hearing. Initially released on personal recognizance, Gigante's release conditions were modified in March 1996, requiring a $1,000,000 appearance bond secured by his children's homes and a stipulation against committing any crimes. The appeal raises the issue of whether the district court had the authority to impose forfeiture of the bond and collateral for committing a crime while on bail. While challenges to conditions of release are appealable under 18 U.S.C. § 3145(c), challenges to potential sanctions that have not yet been imposed are considered premature. The district court described the potential forfeiture as a present condition of Gigante's release, thus making the appeal viable. The court noted that Rule 46(e)(1) allows forfeiture for breach of bond conditions, but the Appellants argue that this authority is limited by 18 U.S.C. § 3142(c)(1)(B)(xi) and (xii), which state that forfeiture should only occur if the defendant fails to appear as required. The court accepted the district court's characterization and decided to address the merits of the appeal. Section 3142(c)(1)(B)(xiv) allows for the imposition of additional conditions on bail to ensure a defendant's appearance in court and the safety of individuals and the community. Courts have held that a bail bond and its collateral can be forfeited not only for failure to appear but also for other bond violations, such as committing a crime. This interpretation is supported by rulings from the First, Fifth, Seventh, Ninth, and Tenth Circuits, as well as by Judge Nickerson's memorandum in the case of Gigante. The district court's order is affirmed. Under Rule 46, if a bond condition is breached, the district court must declare a forfeiture. A forfeiture may be set aside by the court under certain conditions, and if it is not, a judgment of default can be entered, allowing for execution to proceed.