## Facts

- A federal grand jury indicted Hernan Botero, a Colombian citizen from a wealthy, prominent family, for participation in a money-laundering scheme involving about $57 million.
- Botero learned of the indictment while in Colombia and did not return to the United States voluntarily to face the charges.
- After failed negotiations regarding conditions for voluntary return, the United States sought extradition under the 1979 treaty with Colombia.
- Colombian authorities arrested Botero in May 1984; he was detained there without bond and resisted extradition on counts deemed non-extraditable.
- Botero was extradited to the United States in January 1985 to face seven counts, including conspiracy, false statements, and mail fraud.
- The government moved for pretrial detention; a magistrate ordered detention without bond, finding a serious risk of flight and that no conditions would reasonably assure appearance.
- Botero sought reconsideration and proposed strict release conditions, including a $2 million bond, house-arrest-like restrictions, full-time supervision, and a broad extradition waiver; the magistrate denied reconsideration.
- Botero appealed the detention order to the district court.

## Issues

1. Whether pretrial detention without bond was authorized under the Bail Reform Act because Botero posed a serious risk of flight and no condition or combination of conditions would reasonably assure his appearance at trial.
2. Whether Botero’s proposed conditions (high bond, restrictive confinement, constant supervision, and an extradition waiver) were sufficient to mitigate flight risk.

## Decision

- The district court affirmed the magistrate’s detention order.
- The court found Botero posed a serious risk of flight based on foreign citizenship, strong overseas ties, substantial wealth, the seriousness of the charges and potential sentence, and his prior refusal to submit to U.S. jurisdiction.
- The court concluded no proposed condition or combination of conditions would reasonably assure Botero’s appearance at trial.

## Legal Principles

- Under the Bail Reform Act, pretrial detention is permitted when the defendant presents a serious risk of flight and no condition or combination of conditions will reasonably assure the defendant’s appearance.
- The “reasonable assurance” standard does not require absolute certainty, but detention is appropriate when the record shows a high likelihood of nonappearance despite stringent proposed conditions.
- Factors supporting flight-risk detention include foreign citizenship, substantial foreign family/business ties, significant financial resources, severe potential punishment, and demonstrated unwillingness to appear voluntarily.
- High monetary bond, restrictive in-home confinement, private supervision, and an asserted extradition waiver may be inadequate when the defendant has the means and incentive to flee and has previously remained outside U.S. jurisdiction.

## Conclusion

The court upheld detention without bond because Botero’s resources, foreign ties, incentive to avoid a lengthy sentence, and prior conduct showed an unusually high flight risk that proposed release conditions could not reasonably mitigate.


United States v. Botero, 604 F. Supp. 1028 (S.D. Fla. 1985)