In
1MDB Trial Defense Wants to
Exclude Goldman Sachs
Sanctions Violations Policy
Cartoons
By
Matthew Russell Lee, Patreon EDNY
Vlog
Honduras
- The
Source - The
Root - etc WeaselText
EDNY COURTHOUSE,
March 22 – In the 1MDB scandal
Inner City Press live tweeted
a proceeding in August 2020, here
and below.
On January 28,
2021 Ng Chong Hwa, a.k.a.
“Roger Ng" was applying to be
released on a curfew. Inner
City Press live tweeted it here.
On January 26,
2021 U.S. District Court for
the Eastern District of New
York Chief Judge
Margo K.
Brodie held
another
proceeding.
Inner City
Press covered
it, and now
begins
to
cover the
trial.
On
February 15
Inner City
Press went to
EDNY. No
electronics,
not in
the overflow
courtroom.
(So standup
VLOG in
Cadman Plaza
afterward here).
On
February 22,
Inner City
Press again went to
EDNY, for
testimony by
cooperator Tim
Leissner.
While no electronics
in the
overflow
courtroom, it was
able to
quickly tweet
a thread when
the trial day
ended, here.
On
February 23, Inner
City Press yet
again went to
EDNY, for
more direct
testimony by
cooperator Tim
Leissner. It
was able to
quickly tweet
a thread when
the trial day
ended, here.
On
February 24,
Leissner
described his yacht and
deal(s) with
Russell Simmons.
At the
end, a discussion
of marital
privilege and
travel ban. Inner
City Press ran
down, before vlog
from outside,
to tweet from
the Media
Room, here and
below.
On
February 25 there was
a short
conference which
Inner
City Press
live tweeted here
On
February 28
Judge Brodie held a
proceeding
with a slew of
white collar
crime lawyers,
and decided
the trial will
continue on
March 1. Inner
City Press
live tweeted here.
And on
March 1, the
cross examination
of Leissner by
Ng's
lawyer began.
Inner City Press
live tweeted,
here
(and March 1
vlog oustide
EDNY
courthouse, here)
On
March 2,
Leissner
admitted to
lying about
meeting UAE
Prince Mansour
(and citing
the Crown
Prince); Goldman
Sachs gave a
job to the
daughter of
Malaysia's
then
Ambassador to
the US.
Inner City
Press, after
reporting on UAE's
absentions and
opacity in the
UN, went to
EDNY then
tweeted a
thread from
the media
room, here (then
vlog, here)
On
March 3, Leissner
spoke more
about UAE
Sheikh
Mansour's
letter and GCC
royals bidding
on an
expensive
underwear
firm. Inner
City Press
went into EDNY
then tweeted a
thread from
the Media
Room, here
(then vlog,
here)
Note:
At end of day
and week,
Judge Brodie
said that a
juror
overheard
journalists
talking about
the Jho Low /
Ng trial in
the EDNY
lobby, told
them to stop.
And at
the end of
another week,
former Goldman
Sachs compliance
man
Patrick Kidney
laid
blame on Ng
for after
expressing suspicion still
doing business
with Low. But
what about the
UAE royals,
and the UN which
kept
Malaysians'
money?
Another
week, and the
end is nearing,
the glitz
running thin amid
non-answers by
the UAE
Mission to the
UN on its
role, and from
the UN on
where the
money to its
affiliates
went, and why
none had
been returned
to Malaysians.
On March 17 Kirk Godby, a marketing executive at the Las Vegas
VenetianKirk Godby, a marketing executive at the Las Vegas
VenetianKirk
Godby of the
Las Vegas
Venetian
testified
that Roger Ng
was with Jho
Low at a baccarat table at
5am on November
29, 2010 when
Low burned
through $1.75
million. Ng,
the defendant,
lost $22,500. The US
Attorneys say
they aim to
rest
their case on
March 23.
Judge Brodie
told jurors
they could begin
deliberating
around March 29.
Early
on
March 22 Ng's
lawyers put in
a letter
opposing the
US
introduction
of a Goldman
Sachs exhibit, even
in redacted
form: "Dear
Chief Judge
Brodie:
We write to
address the
concerns that
counsel raised
earlier today
regarding the
Goldman Sachs
trainings
materials and
policies that
the government
seeks to
introduce
through
Caroline
Fraser. As
noted in
Court, many of
the exhibits
contain
prejudicial
information
such as
examples of
other
individuals
who have been
convicted of
FCPA
violations,
descriptions
of other
crimes that
Mr. Ng is not
charged with
(e.g.,
avoiding
sanctions and
insider
trading) and
discussions of
laws from
other
jurisdictions.
One exhibit
(GX-551 at 54)
even has a
picture of a
Chance Card
from the game
Monopoly that
states: “Go
directly to
jail.” The
proposed
exhibits also
include
Goldman
Sachs’s
policies, the
violation of
which are not
crimes, yet
give the jury
the impression
that Mr. Ng
may have
violated the
law just as he
allegedly
violated
Goldman
Sachs’s
policies. The
government’s
minor
redactions to
portions of
three exhibits
does nothing
to address
counsel’s
concerns.
Counsel
therefore
objects to
these exhibits
as their
prejudicial
effect
outweighs any
potential
probative
value." Full
letter on
Patreon here.
Back on
March 14, FBI
agent Eric Van
Dorn laid out
the US
government's
estimate of
who stole what.
Not
surprisingly,
Jho Low now in
China was at
the top, with
$1.42 billion.
Najib
despite his
protestations
came in at
$756 million
while his son
in law, and
Wolf of Wall
Street financier,
Riza Aziz took
$238 million.
Notably, while
even the
government for
whom he is
cooperating says Goldman
Sachs' Tim
Leissner stole
$73.4 million
(of which
he's returned,
supposedly,
only $43.7
million), the
defendant he
is cooperating
against, Roger Ng,
allegedly
stole $35.1
million.
On the
much
air-brushed
UAE front,
Khadem al-Qubaisi
is said to
have taken
$472.8 million
and an
Aabar-ite on
whom we'll
have more took $76.6
million. And
the other UAE
royals and
diplomats? The
UAE
Mission has
yet to answer
a single
written question,
and colludes
with the UN
of Antonio
Guterres in
banning the
Press that
asks.
Aziz had
to return $60
million he put
into the Wolf
of Wall
Street. So why
hasn't any of
the money put
into UN affiliates,
including well
documented and
even
publicized
transactions
by Jho Low (including
to the UN
Foundation)
been returned?
We'll
have more on
this.
Some
Q&A: Ng's
lawyer: So UAE
and GCC royals
were trying to
buy La Perla.
What's that?
Tim Leissner:
It's a high
end underwear
company. Ng's
lawyer
(perhaps
disingenuously)
What's GCC?
Tim Leissner:
The Gulf
Council. The
Arab states
around the
Gulf
Q: So
did you have
UAE Sheikh
Mansour's
letter to PM
Najib on you
when you were
arrested at
Dulles
6/10/18? TL:
Yes. I kept it
on my person
for years. Q:
Did you give
it to the FBI
then? TL: No,
only when I
was up in NY.
Q: Where is it
now? TL: With
my wife in LA.
Q:
Jho Low's
birthday party
in Vegas,
let's go over
the invitation
list, people
from the UAE,
Saudi Arabia,
Mongolia,
Kuwait, oh and
Aruba. Is Ng
on the list?
TL: No,
but he was
there. I saw
him in the
lobby. Q: You
saw Swizz
Beatz give a
gift to Jho
Low? TL: Yes.
Q:
Kate Upton
danced, but
you told the
FBI that Roger
Ng was most
excited about
Bradley Cooper
being there?
Tim Leissner:
I don't
remember
telling the
FBI that.
Ng's
lawyer: I
think we're at
a transition
point and
could end.
Inner
City Press is
covering it,
for project #TheWeaselOfWallStreet
in a time of
war
Inner
City Press
remains on the
case. New
song here
Ng's
counsel submitted
a letter: "Dear
Chief Judge
Brodie: We
write in
response to
the
government’s
February 20,
2022, letter
(Dkt. 147)
requesting
that the Court
preclude Mr.
Ng from
introducing an
exculpatory
banker’s
notation
contained in a
June 13, 2012,
Capital Place
bank record."
Full letter on
Patreon here.
Late on
February 27,
from the US, this: "Dear Chief
Judge
Brodie:
The government
respectfully
submits this
letter in
response to
the
defendant’s
attempt to (1)
obtain certain
documents that
the
prosecution
team has never
possessed
or
reviewed and
which were
designated by
an independent
privilege
review team as
attorney-client
privileged
material on
the privilege
log provided
to the defense
on February
25, 2022
(the
“Challenged
Documents”)
and (2) use at
trial the
content of
marital
communications
between
Tim Leissner
and Kimora Lee
Simmons
Leissner."
Full letter
on Patreon here.
From
Feb 24: Cooperator
Leissner STILL
on direct and
there'll be a
break before
cross.
Leissner
said from his
ill-gotten
gains he
bought a $50
million yacht,
and passed on
to Ng, in
total, $35
million. So
why does
Leissner have
the
cooperation
deal? Leissner
says he has an
investment
vehicle with
Russell
Simmons,
called New
Horizons. Also
used dirty
money to
invest in
Inter Milan
soccer team
and Celcius
Holdings
energy drink
company.
Leissner
says after Jho
Low kept
getting denied
by banks on
KYC, Jho
wanted to
start his own
bank and
Leissner was
willing to
help. Jho was
concerned that
"the Federal
Reserve Bank"
was looking
into him,
Leissner
testifies.
Leissner
describes
moving $80
million - in
Euros - to
Bahamas then
into a US
shell company
named "Key Way
Pride" (?)
Leissner
with his
ill-gotten
gains bought a
girl friend an
apartment in
London, and
himself an
apartment on
68th St and
Madison Avenue
in NYC
Goldman
Sachs
cooperator Tim
Leissner
investment
money he stole
from the
people of
Malaysia in...
All Def
Digital
alldefdigital.com
Leissner
said he tried
to get Jho Low
into Banque
Havilland,
since he
(Leissner)
knew the
chairman
Update
3:44 pm - OK
*now* the
trial day is
over. After
Judge Brodie
let the jury
go, she
inquired into
discovery and
Malaysia
travel ban
(lifted?).
There are
marital
privileged
documents US
will give to
Ng's lawyers
to see if they
want to use
them, then
litigate
On
that, there's
be a telephone
conference
tomorrow which
Inner City
Press should
be able to
better live
tweet (perhaps
alongside a UN
Security
Council
meeting on
Ukraine with a
near-certain
veto).
Then a
Feb 24 EDNY
vlog here;
a Feb
23 EDNY standup here.
Before, a
Feb 22 EDNY
stand-up,
here.
And see,
TheWeaselofWallStreet,
new Jho Low
Blues here
On
February 18
the US filed a
redacted
letter to
Judge Brodie,
that "The
government
respectfully
submits this
letter to
notify the
Court of the
status
of the
government’s
efforts to
determine
whether the
defendant’s
wife, is
subject to a
travel ban
and, if so,
how this ban
may be lifted
for purposes
of having her
testify
at this
trial.
As brief
background, on
January 26,
2022, the
defendant
filed a motion
in
limine
requesting
that defense
witnesses and
(the
defendant’s
brother-in-law)
be allowed to
testify
remotely via
CCTV. ECF No.
122 (“Ng
Br.”).
In
support of his
argument that
was
unavailable to
testify in
person, the
defendant
argued that
Malaysia had
prohibited her
from traveling
to the United
States. Ng Br.
at 4-5.
The government
opposed the
defendant’s
motion,
arguing that
any purported
unavailability
of may be
obviated." Full
letter on
Patreon here.
On
February 19,
Ng's lawyers
replied: "Dear
Chief Judge
Brodie: We
write to
correct
aspects of the
government’s
letter filed
yesterday
concerning the
ongoing
efforts to
secure the
live trial
testimony of
(Dkt. 145.) As
an initial
matter, the
government
misunderstands
the process of
lifting the
travel ban.
The defense
team has been
told in the
clearest terms
that the only
way that
Malaysia will
lift the
travel ban is
if the United
States
government
makes such a
request.
Indeed, on
February 3,
2022, the
United States
government
represented to
the Court and
counsel that
it was making
such a
request, a
fact that
corroborated
the
information
told to
counsel. On a
phone call on
February 18,
2022, the
government for
the first time
said that the
onus to lift
the travel ban
is on the
person banned,
which is, we
believe,
incorrect and
inconsistent
with the
information
provided to us
and to the
Court.
Nonetheless,
we will be
making a
formal request
to the
Malaysian
Attorney
General’s
chamber when
that office
opens on
Monday morning
(Malaysia
time) to lift
the travel ban
for However,
without the
meaningful
input of the
government, we
are assured
that any
request by
alone will be
unsuccessful.
Therefore, we
also set forth
additional
details
relevant to
the travel ban
and related
issues that
both the
government and
the Court
should know.
This will
permit the
government to
be more
effective
hopefully in
prompting the
Malaysian
government to
lift the
travel ban and
in securing
testimony at
this trial. In
assisting the
defense in
lifting the
travel ban,
the government
should know
that the ban
has been put
into place by
two different
law
enforcement
entities in
Malaysia, each
of which would
have to agree
to lift the
ban for it to
effectively be
removed.
First, the
Commercial
Crimes
Investigation
Department
(CCID) must
agree to lift
the ban.
Second, the
Malaysian
AntiCorruption
Commission
(MACC) must
also agree to
lift the ban.
Securing the
agreement of
one agency
without the
other will
cause the ban
to remain, we
are told.
Therefore, any
efforts at
lifting the
ban must be
directed at
both the CCID
and the MACC."
On
February 15 on
the stand Strategic
Marketing
Group's
Cummings about
money paid out
to party with
Jho Lo and and
in at least
one case Roger Ng.
$150,000 to
Leonardo DiCaprio,
money to P.
Diddy, Kim
Kardashian,
Jamie Foxx.
Ng's lawyer,
on cross,
asking about a
notation
for wrangling
models, and
"models" in
quotes.
On February
16, Tim Leissner
testified on
direct that
"the
bribes and
kickbacks made
the
transactions
possible" and
"instantaneously
make us heroes" at Goldman.
Now,
delay: the
trial is not
sitting on February
17 because
of a juror’s
prior
commitment - and
will
resume on
Tuesday
morning with
Leissner still
on direct.
Inner
City Press is
taking the
steps it can
to cover this
and
other EDNY
cases more
closely. Watch
this site.
On
January 26 it
emerged that if any
juror is
unvaccinated,
no member of
the public - or
press? - will
be allowed in
the courtroom.
Is this, then,
a public
trial? There
were also
arguments
about an
account run by
Ng's wife, and a
statement that
there are no
jury trials in
Malaysia. But
is the US, or
EDNY, moving
to trials
with no public
or press in
the courtroom?
It seems so.
On February 10 Chief
Judge Brodie confirmed
no public
or press in
the courtroom -
but did not
address why no
call-in line,
despite
saying everything
possible is
being done to
provide
access. From
the order,
quoting what
Judge Donnelly
did in the
R.Kelly case:
"as
Judge Ann
Donnelly noted
in Kelly,
“even a seat
in the
courtroom does
not guarantee
that there
never will be
a technical
problem, or
that observers
will have
unobstructed
views of every
participant in
the trial.”
Memorandum at
2, Kelly, No.
19-CR-286; see
also United
States v.
Barrow, No.
20-CV-127,
2021 WL
3602859, at
*11 (D.D.C.
Aug. 13, 2021)
(rejecting the
defendant’s
argument that
his Sixth
Amendment
right to a
public trial
was violated
because
members of the
public viewed
the
proceedings
from an
overflow
courtroom and
stating that,
“[a]s a
practical
matter, a
spectator
viewing a
trial from the
courtroom
gallery would
not have a
perfect sight
line of each
angle of the
courtroom —
let alone each
individual
juror”);
United States
v. Babichenko,
508 F. Supp.
3d 774, 779–80
(D. Idaho
2020) (noting
that a “video
feed of the
proceedings
will give the
public a much
better view of
the witness
testimony,
exhibits, and
examination,
than they
would have at
a satellite
[in-person]
location”).
“To the extent
that this
measure is a
partial limit
on public
access, it is
warranted by
the [Court’s]
‘overriding
interest’ in
ensuring
public safety
during a
global health
pandemic.”
Memorandum at
2, Kelly, No.
19-CR-286
(quoting
Press-Enter.
Co. v.
Superior Ct.
of Cal., 464
U.S. 501, 510
(1984)); see
also
Press-Enter.
Co., 464 U.S.
at 510 (“The
presumption of
openness may
be overcome
only by an
overriding
interest based
on findings
that closure
is essential
to preserve
higher values
and is
narrowly
tailored to
serve that
interest.”);
United States
v. Bledson,
No. 20-CR-99,
2021 WL
1152431, at *3
(M.D. Ala.
Mar. 25, 2021)
(“In light of
the pressing
health and
safety
concerns posed
by an open
trial [during
COVID-19], the
[c]ourt finds
that it has
advanced an
overriding
interest.”)...
There is no
reasonable
alternative to
the protocols
adopted by the
Court.”
Memorandum at
3, Kelly, No.
19-CR-286." We
disagree - a
call in line
is possible,
and necessary.
Watch
this site -
Inner City
Press is
increasingly
covering the
EDNY, see here
and here
and more.
On January 7,
Judge Brodie
agreed that Ng
should get
back $750,000
of his $1
million bond,
to pay his
lawyers. This
was over the
objection of
the
prosecutors,
who said
Malaysia only
agreed to
release Ng in
light of the
$1 million
bond.
Talk
turned to
COVID and
Omicron. Ng's
lawyer
acknoweldge
that the
variants has
reached the
defense,
"maybe even
me." Still he
agreed to the
new delayed
trial date of
February 7.
Watch this
site.
AUSA: We are
concerned that Mr. Ng would or
could flee, if no longer
confined to him home.
Judge Margo K.
Brodie: Would he flee back to
Malaysia from which he
consented to extradition?
AUSA: As we
approach trial, as he sees the
3500 evidence, it is a
concern.... We conferred with
our office of International
Affairs and this is where we
ended up.
Pre-Trial
Services Ms. Carter: We don't
object to a curfew, but
location monitoring should
continue.
Ng's defense
lawyer: We don't believe your
Honor is bound by, or party
to, the treaty.
Judge Brodie: I
will go with Pre-Trial and
allow a curfew. The 2d
Circuit's recent decision in
Schwartz said the court
delegated too much to
Probation. So I'll set hours.
Ng's lawyer:
Curfew from 8 pm to 8 am?
Judge Brodie: OK.
Subject to Pre-Trial. Let's
get together in a month, or
really, mid-March since the
administration order runs
through March 1. March 18 at
10 am. Adjourned.
Jump cut to
December 21, 2021 - Ng's
counsel says he wants the
grand jury materials about
Malysian money laundering. He
is also pushing back against
having to preview for the
government how he will do
cross-examination with
materials the government
already has.
Inner City Press
will stay on this case.
From 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.
The case is US v.
Jho, et al., 18-cr-538
(Brodie)
***
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