Criminal Justice

Can Guards Shoot Attorney Marc Dreier? Judge Requests Research Memo

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Before he decides whether to release prominent attorney Marc Dreier on reduced bail, under house arrest, a federal judge has asked lawyers for the accused architect of some $400 million in alleged financial schemes to research an unusual legal question.

It is, according to the New York Daily News: Can his armed guards shoot to kill if Dreier should attempt to escape?

During a Monday hearing in Manhattan, U.S. District Judge Jed Rakoff “asked prosecutors and Dreier’s lawyers to research the issue before he decides whether to free Dreier on bail with 24-hour armed security,” the newspaper reports.

Dreier earlier had been granted bail of $20 million. However, that amount is too high for the now-penniless founder of the Dreier law firm to post, according to his lawyer, who is appealing for reduced bond.

Rakoff, though, is not bound by that decision. In arguing against bail, “the government has suggested that Dreier has access to hidden funds and Assistant U.S. Attorney Jonathan Streeter said some of Dreier’s co-conspirators still may be at large,” reports the New York Law Journal.

A bail decision is expected by Friday.

Updated at 4:12 p.m. to include information from New York Law Journal article.

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