Rodrigues looks set to be released on bail

Following a bail hearing held on the 10th of July and another on the 13th, the current status of Sanderley Rodrigues is unknown.

But based on the latest up to date information available, here’s what we do know…

The hearing on the 10th was in relation to Rodrigues’ arrest on a Brazilian warrant, issued after Rodrigues (right) fled Brazil.

Brazilian authorities had raided an iFreeX event back in February. The raid saw Rodrigues interrogated at a local police station and then ordered not to leave the country.

Rodrigues ignored this court-order, promptly fleeing Brazil for the US.

Separately Rodrigues was charged in the US for visa fraud in late May. After having his wife cough up $200,000 for bail, Rodrigues was set to be released on home detention.

Things fell through however when Rodrigues was again arrested and held on a Brazilian warrant, issued on the 21st of May.

Rodrigues protested the second arrest, arguing that he should be released as per the conditions set out in the visa fraud case.

That’s what the hearing on the 10th was about, with an affidavit filed by a Deputy US Marshal on the 13th shedding some light on the matter.

On June 29, 2015, the U.S. Marshals Service, District of Massachusetts received information that Rodrigues, was to be released from federal custody in Massachusetts.

As is the practice of this office, the subject was queried for any outstanding warrants with the National Crime Information Center (NCIC) and various other databases were also checked for detainers prior to the (Rodrigues) being released.

It was these checks that uncovered Rodrigues ‘was a fugitive from Brazil, and that he was wanted by Brazilian authorities for fraud’.

According to US law, that was enough for the US Marshals Service (USMS) to further detain Rodrigues while they sought additional information regarding the warrant.

A directive on the NCIC database entry for the Brazilian warrant directed authorities to contact the Department of Justice and/or Interpol should Rodrigues be apprehended.

The USMS made multiple attempts to contact Interpol regarding the status of Rodrigues on June 29, June 30 and on subsequent dates.

The USMS made was told that the case agent would be in contact with the USMS in Boston.

No return phone call was received. Rodrigues remained in custody at Wyatt Detention during this time and throughout the 4th of July weekend.

On July 9, 2015, USMS in the District of Massachusetts contacted the USMS International Branch regarding Rodrigues.

U.S. Marshals Service International Branch stated that the international warrant was placed into NCIC for officer safety purposes only and absent a Provisional Arrest Warrant, the subject should not be arrested and extradition procedures should not be pursued.

I have no idea what “officer safety purposes” is, but it’s looking like Interpol (through whom the Brazilian arrest warrant was issued), are currently not interested in taking Rodrigues into custody.

As of 2:30 P.M. on July 10, 2015, neither the case agent at Interpol or Brazilian authorities had contacted the U.S. Marshals, District of Massachusetts.

On July 10, 2015, the U.S. Marshals, District of Massachusetts made another attempt to speak with a supervisor at Interpol to inquire as to the status of Rodrigues’ case and again contacted the U.S. Marshals Investigative Operations Division, International Office seeking assistance.

At approximately 3:oo P.M. on July 10 2015, Interpol contacted the USMS to inform them that Interpol was not interested in taking custody of Rodrigues at this time.

The explicit reason is a matter of law, with an email sent to USMS by Interpol clarifying that

Interpol Washington does not have the capability to request a detainer based solely on the foreign charges in Brazil.

In short, Rodrigues de Vasconcelos cannot be detailed solely on the international charges.

Interpol acknowledged that Rodrigues is likely thus to be released, and asked that they be informed of release conditions set by the court.

The Deputy US Marshal concludes;

Based upon the foregoing the USMS is now willing to release Rodrigues if he has complied with all of the release conditions set by the court.

Based upon communications with the United States Attorney’s Office and the United States Probation Department, it s my understanding that Rodrigues has complied with al of the conditions of release established by the court.

A hearing on the matter was held yesterday (July 13th), but as of the time of publication no further information is available.

It’s expected that sometime over the next twenty-four hours, we’ll know whether Rodrigues was released on home detention conditions as initially stipulated in the visa fraud case.

Barring any unforeseen circumstances and a lack of a response from Brazilian authorities (at least publicly), I’m not seeing why Rodrigues now won’t be released.

Footnote: Our thanks to Don@ASDUpdates for providing a copy of the U.S Deputy Marshal’s affidavit and accompanying exhibits.

Update 15th July 2015 – Following a hearing held on July 13th, Rodrigues has now been released, as per the original bail conditions set in the visa fraud case:

The surrender of his passport and the passports belonging to his family members, a $200,000 secured bond, 24-hour electronic monitoring, and home confinement.

Court records reveal that authorities have until August 17th to indict Rodrigues.