Goldstein Says He May Face Detention Again as Marriage Dissolves

Former US Supreme Court advocate Tom Goldstein is asking a Maryland federal court to modify the conditions of his release as he awaits sentencing on a dozen tax- and loan-related charges.

Goldstein—who is on home confinement and subject to electronic monitoring—told the US District Court for the District of Maryland in a March 27 motion that the “time has come” for him to move out of his family home in Washington DC.

He has proposed two alternative accommodations, and the government has opposed them both, telling him it’s considering seeking detention, the motion said.

Goldstein said the government had previously suggested that if he were willing to agree to forfeit his interest in the DC home, it wouldn’t oppose transferring his security bond to South Carolina, where his parents reside. But it changed its mind after Goldstein said he needed more time to consider the request, the defense said.

The government had sought to force Goldstein to forfeit the home, claiming it was derived from proceeds of making a false statement on a loan application. But the jury decided the home wasn’t sufficiently tied to the crime.

While on release, Goldstein has been living at his Washington DC home with his wife and SCOTUSblog co-founder Amy Howe. She has been serving as his custodian, notwithstanding their pending divorce.

When Judge Lydia Kay Griggsby agreed to release Goldstein pending his sentencing later this year, the defense informed her that Goldstein’s situation with Howe wasn’t “totally settled,” telling her that he might need to move out at some point.

Right after the trial, the government said it had “deep concerns” about Howe’s suitability for the role of custodian, suggesting evidence at trial of extramarital affairs and hidden gambling debts could present a problem.

Goldstein is asking the court to allow him to move to an apartment in Maryland, where a former colleague and fellow lawyer would serve as a nonresident custodian.

He says that he has been in perfect compliance with his conditions of release, and that US Probation and Pretrial Services agrees that he doesn’t need a resident custodian at this point.

Alternatively, Goldstein proposes moving into his father and step-mother’s home in South Carolina, where they would serve as his custodians, should pretrial services request it.

Detention is and remains unwarranted, he said, citing the court’s earlier finding that home confinement and ankle monitoring are sufficient to safeguard against flight risk.

Goldstein was found guilty in February on one count of tax evasion for failing to report all of his gambling income in 2016, one count each of willful failure to timely pay taxes for four tax years, three counts of making a false statement on a loan application, and four out of eight counts of aiding and assisting in preparation of a false tax return. He was found not guilty on the other four counts.

Goldstein is represented by Munger Tolles & Olson LLP.

The case is United States v. Goldstein, D. Md., motion filed 3/27/26.