In
OneCoin Case Delay in Unsealing Blog
Citation to Inner City Press in Scott Memo
By Matthew
Russell Lee, Exclusive Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 29 – As Inner City
Press covered the OneCoin
trial of Mark Scott in October
2019, a number of names of
indicted co-conspirators
emerged on which we followed
up.
One of
them was Gilbert Armenta,
who recorded
Ruja Ignatova. Inner City
Press has repeatedly asked the
US Attorney's Office for the
Southern District of New York
for more information; it
continues even now to withhold
the exhibits it flashed on the
screen at trial. Inner City
Press had to file a FOIA
request; the Department of
Justice denies expedited
processing. And still no
documents under FOIA.
Relatedly,
after Inner City Press'
complaint about documents
still not unsealed, on August
28 the US Attorney's Office
belatedly filed unsealed their
March 2020 ex parte remand
memo, which as it turns out
stated: "The Government first
became aware of the violation
based on a blog post made on
December 1, 2019, which
reported, among other things,
that: “Mark Scott, ostensibly
under home incarceration, was
spotted on November 27, with
bodyguards, in Seasons 52
restaurant in Coral Gables,
Florida.” (See here).
Thereafter, the Government
contacted Pretrial Services,
and learned that on November
27, 2019, Scott requested
permission to visit his
attorney, David Garvin, Esq.,
at Mr. Garvin’s office. After
an hour-long visit with Mr.
Garvin, according to GPS data,
Scott made an unauthorized
two-hour detour to Seasons 52
restaurant in Coral Gables,
Florida, where he resides."
Full letter on Patreon here.
In mid
August, Mark Scott has gotten
more delay in his sentencing,
into December: "MEMO
ENDORSEMENT as to Mark S.
Scott (1) granting [315]
LETTER MOTION addressed to
Judge Edgardo Ramos from AUSA
Nicholas Folly dated
08/14/2020 re: Sentencing
Deadlines. ENDORSEMENT: The
parties' scheduling requests
are granted. The Government's
forfeiture brief is due August
31, 2020, Scott's response is
due September 21, 2020, and
the Government's reply is due
October 5, 2020. Scott's
sentencing is adjourned until
December 17, 2020 at 10 AM.
Scott's sentencing submission
is due November 25, 2020 and
the Government's sentencing
submission is due December 2,
2020. (Signed by Judge Edgardo
Ramos on 8/17/2020)."
Now we have
reported this: the US
Attorney's Office gave Armenta
his own secret docket number
and kept it sealed for three
years, until AFTER Inner City
Press exclusively reported on
Armenta's continuing dubious
business activities even while
a "cooperator." The case was
initially assigned to SDNY
Judge Willian H. Pauley III,
then moved to Judge Edgardo
Ramos - who to his credit has
now put an end to continued
extensions, and set a
sentencing date for October
21, 2020. The unsealed
indictment is now on Patreon here.
But as
Inner City Press looked into
it more, documents that were
supposed to be unsealed were
not. In some cases they were
not even docketed. So Inner
City Press wrote to Judge
Ramos, full letter on Patreon
here:
"Dear Judge
Ramos:
On behalf of Inner City Press
and in my personal
journalistic capacity, this is
an application for compliance
with this Court's April 29,
2020 Memo Endorsement, Docket
No. 10 to docket and unseal
materials in US v. Armenta,
17-cr-556 (ER).
While Docket No. 10 has a full
paragraph and one or more
footnotes redacted, it clearly
provides for the docketing and
unsealing of, inter alia, "the
initial pretrial conference
before the Honorable William
H. Pauley III, held on
September 27, 2017" and "the
bail proceeding held before
this Court on March 25,
2020."
But the docket,
viewed today on the PACER
terminal in the SDNY Press
Room, still has nothing from
March 25, 2020. In
fact, it has nothing between
January 17, 2020 (Notice of
Case Reassignment) and April
29, 2020.
Similarly, there is nothing in
the docket from September 27,
2017. Docket Number 14
says that it is a transcript
of a proceeding of that date
before Judge Pauley and that
"transcript may be viewed at
the court public terminal."
But even today, the number
"14" is not a live link, and
the transcript is not
available.
Non-parties such as Inner City
Press and myself have standing
to intervene in criminal
proceedings to assert the
public’s right of access.
United States v. Aref, 533
F.3d 72, 81 (2d Cir.
2008). Here, the
sealing(s) and withholding
here are unacceptable, and go
beyond those requested even in
the Central Intelligence
Agency trial before Judge
Crotty, US v. Schulte, 17 Cr.
548.
In that case, Inner City Press
vindicated the public's right
to know, in the docket, see here and
here.
Inner City Press
recently got even more
sensitive filings unsealed in
a North Korea sanctions case
before Judge Castel, US v.
Griffith, 20-cr-15 (PKC),
Docket No. 33 (LETTER by EMAIL
as to Virgil Griffith
addressed to Judge P. Kevin
Castel from Matthew Russell
Lee, Inner City Press, dated
5/18/2020, re: Press Access to
documents in US v. Griffith,
20-cr-15), 40 (order to
unseal) and 41 unsealed
filings).
Inner City Press and I have
been closely covering the
OneCoin / Mark Scott /
Sebastian Greenwood case(s)
and ask that the above
documents, and all else in
these cases that is not
subject to withholding under
applicable case law be made
available, and that this
request itself be docketed. It
is being copied to the AUSAs
whose redacted April 22, 2020
letter, as endorsed, provided
for this docketing and
unsealing, not yet actually
done as of August 13, 2020."
Some
hours later, without Inner
City Press' application being
docketed, Docket 14 went live
- the guilty plea transcript,
but still with redactions.
Here was Armenta's allocution,
withheld until today, to the
detriment of the public: THE
COURT: Mr Armenta, please tell
me what you did in connection
with each of the crimes to
which you're entering a plea
of guilty.
ARMENTA: "One
Count One, in 2015, I began
doing business with OneCoin,
through my company. I came to
understand that OneCoin was
making false statements in
order to get people to
purchase OneCoin packages or
prevent people who had
purchased these packages to
seek their money back. After
knowing this, I continue to do
things to assist OneCoin's
business, such as by
coordinating the opening up of
new accounts for OneCoin to
receive customers' funds,
international wires were used
in connection with this
activity, and including the
transfer of money through
corresponding bank accounts in
New York." More on
Patreon here.
Here are the
Armenta business moves Inner
City Press exclusively
reported on December 1, 2019,
here:
ESOL B.V.
LLC was incorporated on July
8, 2019; the manager is
Gilbert Armenta and the agent
is Giselle Valentin, both of
500 E. Broward Boulevard, PH
2, Fort Lauderdale, FL 33394.
See here.
And here.
Armenta's Tblisi,
Georgia-based money laundering
bank JSC Capital Bank had as
its parent a company of
exactly this name. See KPMG
review of Georgia banking
sector here.
More on Armenta's ongoing
companies on Patreon here.
Inner City
Press asked, on December 1,
2019: Is the US Attorney's
Office allowing its cooperator
to keep on money laundering?
Or looking the other way while
whatever cooperation agreement
exists is openly violated?
Perhaps these and other
quesitons will be answered in
connection with Armenta's
sentencing in the too long
seal case against him. Watch
this site.
More on Patreon here.
***
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