U.S. Attorney Mary B. Murrane, in a 15-page submission to the court, said "The funds Merrill asks the court to release...are investor funds - money victims gave to TelexFree during the course of the alleged fraud. The defendant cannot use forteitable victim funds to pay for his defense, much less an unusually expensive one."
Merrill, who has been charged with conspiracy to commit wire fraud, claimed in his initial request to the court that he needed "extraordinary funds" to pay for his legal defense and that it is the government's responsibility to prove the money was connected to the charge against him.
U.S. Attorney Murrance argued that defendants are not entitled to a hearing to determine whether their assets were obtained from their alleged crime. She also said that Merrill did not adequately explain why he needed such a large amount to pay for his defense, nor did he prove he did not have any other assets at his disposal. She asked the court to deny his request for the funds and his request for a hearing on the matter.
