Case 2:24-mj-00166-DJA Document 24 Filed 02/22/24 Page 1 of 6
DAVID Z. CHESNOFF, ESQ.
Nevada Bar No. 2292
RICHARD A. SCHONFELD, ESQ.
Nevada Bar No. 6815
CHESNOFF & SCHONFELD
520 South Fourth Street
Las Vegas, Nevada 89101
Telephone: (702) 384-5563
[email protected] [email protected] Attorneys for Defendant, ALEXANDER SMIRNOV
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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11 UNITED STATES OF AMERICA, )
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Plaintiff, )
13 ) CASEN0.2:24-MJ-00166-DJA
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15 ALEXANDER SMIRNOV, )
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Defendant, )
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DEFENDANT'S EMEREGENCY MOTION FOR IMMEDIATE DETENTION
19 HEARING AND RELEASE ON PREVIOUSLY IMPOSED CONDITIONS
20 COMES NOW, Defendant, ALEXANDER SMIRNOV ("Mr. Smirnov"), by and through
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his attorneys, DAVID Z. CHESNOFF, ESQ., and RICHARD A. SCHONFELD, ESQ., of the
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law firm ofCHESNOFF & SCHONFELD and hereby move this Honorable Court to set an
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immediate hearing under Rule 5(a) to seek the release of Mr. Smirnov from custody, as more
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Case 2:24-mj-00166-DJA Document 24 Filed 02/22/24 Page 2 of 6
1 I fully explained below.
2 || Dated this 22nd day of February, 2024.
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Respectfully Submitted:
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5 || CHESNOFF & SCHONFELD
61| _ /s/ David Z. Chesnoff
7 I DAVID Z. CHESNOFF, ESQ.
Nevada Bar No. 2292
8 || RICHARD A. SCHONFELD, ESQ.
9 I Nevada Bar No. 6815 r
520 South Fourth Street
1 ° II Las Vegas, Nevada 89101
^| Telephone: (702)384-5563
[email protected]12
[email protected]^ 3 || Attorneys for Defendant ALEXANDER SMIRNOV
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Case 2:24-mj-00166-DJA Document 24 Filed 02/22/24 Page 3 of 6
I I] MEMORANDUM OF POINTS AND AUTHORITIES
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3 || Procedural History
4 1. Mr. Smirnov was arrested in Las Vegas, Nevada on or about February 1 4,2024.
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2. The two-count Indictment filed in the Central District of California charges him with: 1)
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Making False Statements to a Government Agent, in violation of 18 U.S.C. § 1001; and 2)
Falsification of Records in a Federal Investigation, in violation of 18 U.S.C. § 1519.
9 ]| 3. Mr. Smirnov had his initial appearance before this Court on February 15, 2024. At the
conclusion of the initial hearing, and at the Government's request, his hearing under Rule 5 of
the Federal Rules of Criminal Procedure (the "hearing") was continued to February 20, 2024
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at 3:00 p.m.
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4. Prior to the hearing, Mr. Smirnov filed a motion seeking his release on conditions, and the
Government filed a motion for pretrial detention.
5. Prior to the hearing, the Pretrial Services Office issued a report recommending that Mr.
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Smirnoffbe released on various conditions.
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6. At the hearing on February 20, 2024, the parties argued their respective positions concerning
pretrial release of detention. At the conclusion of the hearing, the Honorable Daniel J.
21 I Albregts, United States Magistrate Judge for the United States District Court for the District
22 || of Nevada, granted Mr. Smirnov's motion and ordered him released on various conditions. At
23 the conclusion of the hearing, the Government asked to Court to stay its order of release;
24 however, the Magistrate Judge denied that motion to stay on the record. See Transcript of
25 || Detention Hearing (Feb. 20, 2024) (attached as Exhibit 1).
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Case 2:24-mj-00166-DJA Document 24 Filed 02/22/24 Page 4 of 6
1 7. Pursuant to the Magistrate Judge's order, Mr. Smirnov was released from custody on or about
2 February 20, 2024. He has remained fully compliant with his conditions of release since his
court-ordered release.
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8. On February 21, 2024, the Government filed an application to reopen the detention hearing in
the underlying case {United States v. Smirnov, 2:24-cr-00091-ODW-l) in the Central District
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of California. The Government's application makes no mention of any second, then-unserved
arrest warrant for Mr. Smirnov based on the same charges.
9. Despite Judge Albregts's prior ruling, denial of the stay request, and Mr. Smirnov's prior
release from custody, on the morning of February 22, 2024, Mr. Smirnov was arrested for a
second time - on the same charges and based on the same indictment set forth supra at ^[2 - .
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while at the undersigned counsel's law office for meetings with counsel. It should further be
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noted that the fact that the Defendant was attending a legal consultation meeting at his
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attorneys' office contradicts the notion that he is a risk of flight. It also highlights the
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interference with his cherished Sixth Amendment rights.
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17 10. 18 U.S.C. section 3145 provides the Government's remedy if it disagrees with Judge
18 Albregts's release order. That remedy is to file a motion for revocation or modification of the
conditions of release. That motion is filed in the originating jurisdiction. The Government
filed that Motion. There are no provisions for the re-arrest of Mr. Smirnov in this District
21 after being Ordered released. Any such provision would undermine the entire purpose of a
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Defendant having the right to a Rule 5 hearing in the District in which he is arrested. It also
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undermines the Court's denial of the Government's request for a stay of the release order.
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11. The arrest warrant for this second arrest was issued by the Central District of California and
25 || dated February 22, 2024, Los Angeles, California (attached as Exhibit 2).
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Case 2:24-mj-00166-DJA Document 24 Filed 02/22/24 Page 5 of 6
1 || 12. As of February 22, 2024, no order setting a date and time for Mr. Smirnoffs appearance and
2 || detention hearing in California has been set. Thus, at no time since his release on February
20, 2024 has Mr. Smirnov left dark County, Nevada, let alone appeared in court in
California.
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Applicable Legal Standards
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13. "Rule 9 states, in relevant part, that when following an arrest, the defendant first appears
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before the court, the court must proceed according to Rule 5 .... Rule 5 states, in relevant
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part, that "[a] person making an arrest within the United States must take the defendant
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without unnecessary delay before a magistrate judge. . ." Fed. R. Crim. P. 5(a)(l)(A). Thus,
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Rules 5 and 9 deal with unnecessary delay between a defendant's arrest and first appearance
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before a magistrate judge." United States v. Brown, 2007 WL 9711677, Nos. CR 03-0847
ABC, CR 04-0697 (Mar. 5, 2007) (unpublished).
14. Mr. Smirnov's research into available remedies (including a petition for a writ of habeas
corpus) are ongoing.
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15. At present, however, Mr. Smirnov respectfully requests that this Honorable Court set his
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second initial appearance "without unnecessary delay" which, under these bizarre
circumstances, mean: forthwith, and Order his release. Alternatively, Mr. Smirnov requests
an emergency hearing before the Chief Judge of the United States District Court for the
^ District of Nevada.
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16. If the Court cannot hold an immediate detention hearing, it is respectfully requested that the
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Court enter an interim Order directing the United States Marshal Service to keep Mr.
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Case 2:24-mj-00166-DJA Document 24 Filed 02/22/24 Page 6 of 6
11 Smirnov in this district pending his Rule 5 hearing.
2 || DATED this 20th day of February, 2024.
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Respectfully Submitted:
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5 CHESNOFF & SCHONFELD
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7 |[ /s/ _David Z. Chesnoff
DAVID Z. CHESNOFF, ESQ.
8 || Nevada Bar No. 2292
9 RICHARD A. SCHONFELD, ESQ. 1°
Nevada Bar No. 6815
10 I 520 South Fourth Street
^ ^ I Las Vegas, Nevada 89101
Telephone: (702)384-5563
^2 [email protected]
[email protected]
Attorneys for Defendant, BERK SMIRNOV
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