中国富豪吴立胜多次申请推迟服刑
今年5月，中国的亿万富翁吴立胜因一起大范围的贿赂案被判处四年刑期，法官给了他两个月的时间，到7月10日开始服刑。
But as that date approached, Mr. Ng’s lawyers asked the judge for two additional months, to give Mr. Ng “sufficient time to get his complex business affairs in order.”
但随着那个日期的临近，吴立胜的律师要求该法官再给他两个月的时间，以便“有足够的时间安排好复杂的商业事务”。
The government objected, arguing that Mr. Ng, 70, was trying “to put off prison as long as possible on the ground that he is a successful businessman.”
政府对此表示反对，认为70岁的吴立胜想要“以自己是成功商人为由，尽可能久地推迟服刑”。
“That request is unwarranted, inequitable and should be denied,” a prosecutor wrote.
检察官写道：“这个要求毫无根据、不公平，应该予以拒绝。”
The judge, Vernon S. Broderick of Federal District Court in Manhattan, denied Mr. Ng’s request for a two-month delay, but a new dispute has arisen, over whether Mr. Ng may postpone his surrender for medical reasons.
曼哈顿联邦地区法院法官弗农·S·布罗德里克(Vernon S. Broderick)拒绝了吴立胜的请求，但接着又出现了他是否能以身体状况为由推迟服刑的争议。
Mr. Ng’s wealth — he is said to be worth $1.8 billion — has been an issue since his arrest in September 2015. When he was taken into custody, he was wearing a gold watch, encrusted in diamonds and worth about $200,000, prosecutors said then. His lawyers sought to have him released into a kind of self-financed home detention — a gilded cage, some have called it — a form of bail only a few federal judges in Manhattan have agreed to in recent years.
自2015年9月被捕以来，吴立胜的财产一直是一个问题;据说他的身家达到18亿美元。检方当时称，他在被捕的时候，戴着一块镶有钻石、价值约20万美元的金表。他的律师寻求将他释放，而采取一种自费的家庭软禁形式——有些人称之为镀金的笼子，这是近些年只有少数曼哈顿的法官同意采取的一种保释形式。
Nearly a decade ago, Judge Jed S. Rakoff granted the prominent lawyer Marc S. Dreier a $10 million bond pending trial and allowed him to remain in his East Side apartment, secured by electronic monitoring and armed security guards, paid for by his family. He later pleaded guilty to leading a scheme that defrauded investors of $700 million.
差不多10年前，法官杰德·S·雷科夫(Jed S. Rakoff)同意著名律师马克·S·德雷尔(Marc S. Dreier)缴纳1000万美元的保释金待审，并允许他留在位于东区的寓所内，由电子监控和武装保安人员看守，费用由他的家人来出。后来，他承认领导了一个诈骗投资者7亿美元的计划。
“Many kinds of bail conditions favor the rich,” Judge Rakoff wrote, adding that conversely, many defendants were too poor to afford “even the most modest of bail bonds or financial conditions of release.”
“许多保释条件都偏向有钱人，”雷科夫法官写道，并且反过来许多被告则太穷，连“最少的保释金和释放的财物条件”都负担不起。
“This is a serious flaw in our system,” the judge said. “But it is not a reason to deny a constitutional right to someone who, for whatever reason, can provide reasonable assurances against flight.”
“这是我们制度的一个严重缺陷，”这名法官说。“但对于那些可以提供不逃跑的合理保证的人来说，这不是否决宪法权利的理由。”
In 2016, Judge Richard M. Berman denied a similar request from Reza Zarrab, a Turkish-Iranian gold trader charged with conspiring to violate Iranian sanctions.
2016年，法官理查德·M. 贝尔曼(Richard M. Berman)拒绝了土耳其-伊朗黄金交易员礼萨·扎拉布(Reza Zarrab)的类似请求，他被控阴谋违反对伊朗的制裁。
Ruling that Mr. Zarrab posed a risk of flight and that no conditions, including privately funded armed guards, would assure his appearance at trial, Judge Berman also found such a request “unreasonable because it helps to foster inequity and unequal treatment in favor of a very small cohort of criminal defendants who are extremely wealthy, such as Mr. Zarrab.”
法院裁定，扎拉布具备逃跑的风险，而且不存在能确保他出庭受审的条件，包括私人出钱请武装保安，法官贝尔曼还认为，这样的请求“不合理，因为它有助于形成对一小群非常富裕的刑事被告有利的不公平和不平等待遇”。
The government objected to Mr. Ng’s release under similar conditions. A prosecutor, Daniel C. Richenthal, argued that Mr. Ng had access to private airplanes, foreign passports and was a risk to flee. “Fifty-million-dollar bond is meaningless to him; $20 million is meaningless to him,” Mr. Richenthal said.
政府也反对在类似条件下释放吴立胜。检察官丹尼尔·里辰塔尔(Daniel C. Richenthal)认为，吴立胜有私人飞机和外国护照，存在逃跑的危险。“5000万美元的保释金对他来说不算什么;2000万美元对他来说不算什么，”里辰塔尔说。
Judge Broderick, concluding there were conditions that could assure Mr. Ng’s appearance in court, granted Mr. Ng a $50 million bond, secured by $20 million in cash, and ordered “home detention” in an apartment at 240 East 47th Street, subject to GPS monitoring and an armed security team, at his own expense.
法官布罗德里克判定，确保吴立胜出庭的前提条件是存在的，批准他缴纳5000万美元的保释金，2000万美元现金作为押金，下令将其“软禁”在东47街240号的一套公寓内，由GPS监控和武装保安看守，费用自理。
Among other strict conditions, the judge also said Mr. Ng’s guards could use “legal force as they deem appropriate” to prevent him from fleeing.
除了其他严格条件，法官还表示吴立胜的警卫可能会“使用他们看来适当的合法力量”，保证他无法逃走。
Mr. Ng was convicted in July 2017 of bribery, money laundering and other counts, for which he received the four-year sentence and was told to surrender on July 10. 吴立胜2017年7月被判贿赂、洗钱及其他几项罪名成立，他被判四年监禁，并且被告知于7月10日向当局自首。
But last month, his lawyers asked for the delay until Sept. 10. They said Mr. Ng “helms a vast network of real estate businesses in China with many employees and a diverse portfolio of holdings worth billions of dollars.”
但上个月。他的律师要求将该日期推迟至9月10日。他们表示吴立胜“在中国掌管着庞大的房地产商业网络，拥有众多员工，持有的多种资产价值数十亿美元”。
He had been “working diligently to arrange for the management of his business while he is incarcerated,” one lawyer, George N. Bauer, wrote.
一位名为乔治·N·鲍尔(George N. Bauer)的律师写道，他还“在遭到监禁期间勤奋工作，安排他的企业管理事宜”。
In particular, he said, Mr. Ng was in the final stages of lengthy negotiations concerning a $10 billion real estate project that was expected to create 10,000 jobs and had made “significant progress” but was “entering the most complex and precarious stage of the negotiations.”
他说，尤其是吴立胜正处于一个旷日持久谈判的最后阶段，这个谈判关乎于一个100亿美元的房地产项目，该项目预计能创造一万个工作岗位，已经取得“重大进展”，但“谈判正在进入最为复杂、危险的阶段”。
Objecting to the delay, Mr. Richenthal, the prosecutor, wrote that Mr. Ng’s “vast network of real estate businesses” did not entitle him to “special treatment with respect to surrender.” Mr. Bauer responded that Mr. Ng was not seeking “special treatment.”
反对推迟的检察官里辰塔尔写道，吴立胜的“庞大房地产商业网络”不能让他“在向当局自首方面获得特殊待遇”。鲍尔的回应称吴立胜没有在寻求获得“特殊待遇”。
The judge denied the request on June 25, the same day Mr. Ng’s lawyers reported that Mr. Ng had been taken the evening before to the emergency room, suffering from severe back pain.
法官于6月25日拒绝了该项请求，同一天，吴立胜的律师们报告称他前一晚由于剧烈的背痛，去了急诊室。
Recently, Mr. Ng’s lawyers asked that he be allowed to seek treatment for a range of afflictions, including “recent recurrent and unpredictable headaches” and pain in other parts of his body. He had stents implanted in two coronary arteries and, his lawyers said, he had suffered a small stroke.
近期，吴立胜的律师们要求允许他寻求对一系列病痛的治疗，包括“近期不断发作、无法预知的头痛”以及身体其他部位的疼痛。他的律师表示，吴立胜曾出现过轻微中风，他的两个冠状动脉植入过支架。
Prosecutors, in a letter to the judge, questioned the “timing and sincerity” of Mr. Ng’s claims of headaches and pain, and suggested he was “using his wealth and connections” to gain further delays. They submitted a letter from the Federal Bureau of Prisons, which said it could provide Mr. Ng with “the necessary and appropriate care.”
在写给法官的信中，检察官们对吴立胜宣称头痛和身体疼痛的“时机和诚实性”提出疑问，并且暗示他“是在利用自己的财富和人脉关系”获得更多推迟。他们提交了一份来自联邦监狱局的信，上面表示能够为吴立胜提供“必要且适当的照料”。
Judge Broderick, who granted several short extensions of Mr. Ng’s surrender date on medical grounds cited by his lawyers, has ordered a hearing for Monday at which he will consider Mr. Ng’s latest request that his surrender be delayed until July 23.
布罗德里克法官多次准许吴立胜以其律师所说的医疗理由延迟向当局自首的时间，他下令周一举行一场聆讯，届时他将考虑吴立胜最新提出的将自首时间推迟至7月23日的请求。
