The strike and headline-making fraud case was convicted last Friday, with Charlie Javis being found guilty in federal court in Conning JP Morgan Chase of $175 million. The bank also accused 32-year-old entrepreneur Javice of elaborately forged the list of clients for students' financial startups by creating a list of under-Forbes 30.
However, this week's Manhattan court hearing, deliberations over Javis' bail conditions turned into an absurd episode.
Her attorney, Ronald Sullivan, did not immediately respond to requests for comment on the case, but she stood on the podium and waved her arms to demonstrate the physicality necessary to practice Pilates.
“Placing her feet in the air and having her monitor move up and down from her feet is a serious hassle,” Sullivan said, “it's to remove the possibilities she can do now and teach her class.”
The hearing focused on bulky surveillance devices was another case of ankle surveillance, taking up space within the realm of news and pop culture. Anna Delvey, a fake heir convicted of theft and burglary, wore an ankle monitor wrapped in “Dancing with the Stars with the Stars” last year. And then, in the medical drama “Pit,” worn by a resident named Uncle McKay, there were periodically an ankle monitor worn by a resident named Kathy McKay, whom he dug up in a recent episode.
For Javice and her legal team, the issue centered around not being able to make money while wearing a monitor, and there was little perception that other, less demanding jobs were an option. In a court application, her lawyer said, “Ms. Javice specializes in fitness instruction, which requires physical movements and full flexibility and range of movement, particularly around the feet and ankles.
Wearing a Monkler coat, leggings and a black flat, Javice sat quietly through her hearing.
Judge Alvin K. Hellerstein of the U.S. District Court in Manhattan was primarily on famous cases, including the Harvey Weinstein Trial and the tax fraud trial of art dealer Mary Boone.
“It's not heavy, it probably weighs pounds,” Judge Hellerstein said of the monitor. “So I don't know,” he continued. “I accept what you say. It's a limitation on her ability to do advanced Pilates that she is doing,” but he said, “I can't say there is no risk of flying.”
The approximately one hour debate on the issue features a court exhibit featuring Javice, who teaches Pilates. At one point she leaned back from the Mike and the podium with her lawyer, showing with her arms. And during his retreat to Chambers, Judge Hellerstein brought along with him a printed copy of a photograph of Ms. Javice, who was working to help him contemplate things.
For a few seconds before the hearing began, Havis accepted co-defendant Olivier Amar and helped him adjust something with the lapels of his suit. Amal, who sat among his lawyers during the lawsuit, is an executive at Frank, a student finance startup for Javis, and was ordered to wear an ankle monitor. His lawyers fought the device as unsightly and “pariahed him.”
In a court application, a US attorney representing Manhattan Matthew Podolski wrote that “the defendant's current bail package is not sufficient to address the risk of flight.” He added: “The argument that ankle monitors hamper their ability to teach athletic classes also hampers their ability to overturn the statutory detention provisions of the Bail Reform Act, therefore the government respectfully requires the court to require both defendants to resume monitoring of GPS locations on the terms of bail.
For the time being, Judge Hellerstein determined that a monitor was necessary.
Now facing decades of potential in prison, Havis is free on $2 million bonds ahead of the sentence this summer. She was equipped with an ankle monitor before leaving court on Tuesday.
Kirsten Noyes contributed to the research.