Tzvetkoff Gets Bail and Loses It

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Daniel Tzvetkoff the Australian payment processor was arrested in Las Vegas earlier this month on charges of illegally processing $500 million for online gambling operators. It was expected that he would be denied bail but Las Vegas Judge Peggy A Leen surprised everybody by granting Tzvetkoff bail. Now in another twist to the case New York Judge Lewis A Kaplan overturned the Las Vegas bail decision.

Ultimately Tzvetkoff is to be tried in the New York District Court. Judge Kaplan acknowledged that the bail terms imposed at Las Vegas were stiff. Tzvetkoff would have to surrender his passport, observe a curfew and submit to electronic monitoring. His father would have to put up his USD 1.17 million Brisbane home as surety, which he would lose if Tzvetkoff jumped bail. However Kaplan ruled, "No condition or combination of conditions will reasonably assure the presence of the defendant as required." Hence he accepted the prosecution argument that Tzvetkoff was a flight risk. Judge Kaplan further instructed that Tzvetkoff be brought to New York in the custody of United States Marshalls and detained there.

Tzvetkoff's father's proposal of driving his son from Las Vegas to New York came to naught. Other dreams were shattered as well. After getting bail Tzvetkoff had thought that he would be living in luxury in New York with his pregnant fiancée and three year old son for the two years or so that the legal experts say the case would take. Now that is also off. Tzvetkoff will have to fight his case from prison and faces up to 75 years in jail if convicted.

In Las Vegas high profile Texan defense lawyer Robert Goldstein pulled off a coup of sorts in getting Tzvetkoff bail. On the legal front he argued that Tzvetkoff did not have any criminal record. He also said that the charges were not severe as in the cases connected with drug trafficking or robbery. Therefore there was no need for his client to be in jail. He dangled the sympathy carrot by speaking of a pregnant fiancée, a small son and a father who was willing to stake his all. The prosecution argued that Tzvetkoff posed a flight risk and had access to $100 million stashed away somewhere. Judge Leen reasoned that had Tzvetkoff been an American citizen then he would be granted bail without question. Therefore the same should apply to an Australian national with the required precautions factored in.

US immigration authorities placed a "detainer" order on Tzvetkoff, making sure that he could not be set free immediately. Now that his bail has been set aside Tzvetkoff faces a long time in prison.

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