Goldman
Sachs Gets $2.9B Deferred
Prosecution Deal Like HSBC Fed
Reserved
By Matthew
Russell Lee, Exclusive
Patreon
Honduras
- The
Source - The
Root - etc
FEDERAL COURTS
NYC, Oct 22 – In the
1MDB scandal Inner City Press
live tweeted a proceeding in
August 2020, here
and below.
Now on October
22, "today, in federal court
in Brooklyn, Goldman Sachs
entered into a deferred
prosecution agreement with the
United States Attorney’s
Office for the Eastern
District of New York and the
Department of Justice’s
Criminal Division, Fraud
Section and Money Laundering
and Asset Forfeiture Sections
(the Department) in connection
with a criminal information
filed in the Eastern District
of New York charging the
Company with conspiracy to
violate the anti-bribery
provisions of the FCPA. GS
Malaysia pleaded guilty in the
U.S. District Court for the
Eastern District of New York
to a one-count criminal
information charging it with
conspiracy to violate the
anti-bribery provisions of the
FCPA. Previously, Tim
Leissner, the former Southeast
Asia Chairman and a
Participating Managing
Director of Goldman Sachs,
pleaded guilty to conspiracy
to violate the FCPA and
conspiracy to commit money
laundering. Ng Chong Hwa, also
known as “Roger Ng,” former
Managing Director of Goldman
and Head of Investment Banking
for GS Malaysia, has been
charged with conspiracy to
violate the FCPA and
conspiracy to commit money
laundering. Ng was extradited
from Malaysia to face these
charges and is scheduled for
trial in March 2021. All four
cases are assigned to U.S.
District Judge Margo K. Brodie
of the Eastern District of New
York."
For those
counting, HSBC also got a
deferred prosecution
agreement. And the Federal
Reserve, in the shadows, has
let Goldman Sachs into bank,
and rubber stamps mergers like
by Banco Bradesco to this day.
From August
2020:
OK - in
EDNY, 1MDB / Malaysia
defendant EDNY Ng Chong Hwa,
a.k.a. “Roger Ng" charged with
conspiring to launder billions
of dollars embezzled from
1Malaysia Development is
before Judge Margo K. Brodie.
Inner City Press will live
tweet - thread
Judge
Brodie says there is a back-up
of cases caused by COVID19, no
assurance this trial can go
forward in January 2021. Says
won't have real info in
September - even if protocol
is in place, it will still be
being tested. AUSA points out
extradition from Malaysia
AUSA says a
status conference in early
October would be fine "even if
the trial is moved a little
bit." Defense lawyer: I
understand the difficulties of
the court. But I'd like to
convince the government or
your Honor to loosen Mr Ng's
conditions of home detention
Defense lawyer:
Malaysia is not allowing
Americans into the country at
all, at least until September.
This is a challenge we face.
We'd like Mr. Ng to get out a
bit more, and exercise. Judge:
I think the parties should
work that out. Next date Oct 6
at 10 am?
Judge: Does that
work? Yes. Yes. No need to
exclude time on this matter
but I'll do it anyway. See you
in October. Have a good day.
Adjourned.
And on Goldman, from
SDNY:
Bryan Cohen, a
Goldman Sachs banker charged
with insider trading with the
same cooperating witness as
Telemaque Lavidas now on
trial, on January 7 pled
guilty to conspiracy to commit
securities fraud.
The US
Attorney's Office did not
publicize the proceeding or
its 30 to 37 month plea deal,
but Inner City Press was in
the U.S. District Court for
the Southern District of New
York Magistrates Court as the
only media, and spoke
afterward with Cohen's defense
lawyer Benjamin Brafman. More
on Patreon here.
Brafman
told Inner City Press the
connection to the Lavidas
trial is the same cooperating
witness. More formally, he
said that "To his credit, Mr.
Cohen has accepted
responsibility for his conduct
and will thereby avoid a
trial. We are hopeful that at
sentencing we will be able to
pursuade Judge Pauley that
despite his criminal conduct
Mr. Cohen is a fundamentally
decent young man who should be
sentenced in a relatively
lenient fashion."
In the
proceeding, Magistrate Judge
Debra Freeman accepted a
consent order of forfeiture
for $260,000. The sentencing
will be before Judge William
H. Pauley III on April 3 at
noon. The case is US v. Cohen,
19-cr-741 (Pauley).
On January
6, the trial of Telemaque
Lavidas began before Judge
Denise Cote. Assistant US
Attorney Daniel Tracer in a
short opening statement
described it as an open and
cut case, which will include
cooperating witness Marc
Demane.
Lavidas'
lawyer John Streeter told that
jury Demane is simply trying
to reduce his sentence and has
no first hand information.
Here's some of how it went,
live-tweeted here.
Hours after
the opening statements, the US
Attorney office asked Judge
Cote to ban discussion of how
it conducted its
investigation: "Based on the
contents of defense counsel’s
opening statement, the
Government respectfully
requests a ruling in limine
precluding the defense from
introducing evidence about
investigative techniques that
the Government employed during
the course of the
investigation. As set forth
below, such evidence
improperly suggests that the
jury shift its attention from
the charges against the
defendant to the conduct of
the investigation, and is
irrelevant and misleading. 1.
Background In opening
statements, defense counsel on
two separate occasions engaged
in a recitation of the
Government’s investigation and
the various investigative
steps that have been taken
with respect both to this
defendant and other
individuals. For example,
defense counsel said: The
third thing is that you are
going to learn that the
government gathered millions
and millions of e-mails and
text messages and electronic
devices, phones and computers
and all kinds of evidence from
this huge network of people
who were engaging in insider
trading – from Demane, from
Nikas, from their whole
network. And you are also
going to learn that they
gathered e-mails, and phones,
and computers and all kinds of
other evidence from Mr.
Lavidas. (Tr. 32). Later in
his opening, defense counsel
returned to the same topic:
The third thing that I
mentioned is that the
government has been
investigating this case for
years. They have collected
millions of e-mails and text
messages. And they have
collected Mr. Lavidas’s
phones, his iPad, his
computer, his documents. They
have collected a long list of
phones, computers, disc drives
from Mr. Nikas. They collected
a long list of those same
things from Mr. Demane. And
they collected those same
things secretly, for years,
from Google and other
companies where their e-mail
accounts were.... The
Government respectfully
requests that the Court
preclude the defendant from
introducing evidence about
investigative techniques that
the Government employed during
the course of the
investigation."
The US
Attorney doesn't want the jury
to hear about this. And the
public? Inner City Press will
continue to cover this case.
***
Feedback: Editorial [at]
innercitypress.com
Box
20047, Dag Hammarskjold Station NY
NY 10017
Other, earlier Inner
City Press are listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner
City Press, Inc. To request reprint or
other permission, e-contact Editorial
[at] innercitypress.com for
|