In
Kazakh Case Felix Sater Says
Arcanum Probe Is Not Shielded
by Sovereign ImmunityI
By Matthew
Russell Lee
SDNY COURTHOUSE,
March 24 – Felix Sater during
a testy cross examination on
August 8, 2019 before U.S.
District Court for the
Southern District of New York
Magistrate Judge Katharine H.
Parker was asked if he
remembered election day 2016
as a notable day.
It was "a
notable day for all
Americans," Sater replied,
smiling. Moments later when
the same lawyer, Matthew Lane
Schwartz of Boies Schiller
Flexner LLP began a question
about Sater knowing it is a
felony to lie, Sater shot
back, YOU know it is a felony
- until Judge Parker cut it
off.
Jump cut
to March 24, 2022 when Sater
had filed motions to extend
discovery and to join Arcanum
and the Republic of
Kazakhstan. Judge Parker
convened the parties in her
17th floor courtroom and Inner
City Press was there.
Sater's lawyer
said his client had initially
thought this was just a garden
variety commercial case.
Judge Parker
said, But it's about money
laundering. Is that garden
variety commercial?
Sater's
lawyer emphasized that Arcanum
was hired to find dirt, and
that should not be covered by
sovereign immunity. It emerged
Sater has filed discovery
requests about Robert Mueller.
Almaty,
Kazakhstan through Boies
Flexner said Sater had been on
notice and it is too late.
Judge Parker has taken the
motions under advisement.
Note that the
case's District Judge had been
Alison J. Nathan, now
confirmed for the Second
Circuit. So, assuming she lets
the case go which is likely
despite Judge Sullivan's
example, which new District
Judge will get it? Watch this
site.
Back on
October 7, 2020 Judge Parker
held another discovery
conference in the case. Inner
City Press covered it. It
emerged that a September 30
deposition of Sater had to be
called off when he traveled to
Guyana and said he had no
Internet there.
On November 23
Judge Parker held another
proceeding, and Inner City
Press again covered it. The
Kazakh entities, including BTA
Bank, say that while Sater was
set to be deposed on November
30, he had not produced
documents due to them.
Judge Parker ordered
that the parties meet and
confer regarding a schedule
for document production and a
new date for Sater's
deposition.
Now on
April 29, 2021, Judge Parker
held another proceeding, and
Inner City Press again covered
it. The parties said that
Sater has not been deposed.
The docket has a letter from
him contesting everything, and
arguing that Almaty's April 8
letter "should not be
considered by the Court."
Watch this site.
On December
4 the lawyers for Almaty wrote
to Judge Nathan that they
intend to move for default
judgment against Ferrari
Holdings LLC by January 15.
They are discussing things
with the owner of MeM Energy
Partners LLC - with the
intention to file by February
26, 2021 or earlier.
Back on
April 30, 2020, Judge Parker
held a telephone conference in
the case amid the COVID-19
pandemic. Inner City Press
covered this as well.
The first issue
was, has Ferrari Holdings LLC
retained counsel?
Judge Parker said she gave
them 60 days. Bigger
picture, Judge Parker said she
expects social distancing to
continue in New York into the
summer, so plans for the Sater
case should take that into
account.
Talk
turned to subpoenas to banks,
production on a rolling basis.
Subpoenas to law firms, too -
a firm says it has objections.
Judge Parker said, With these
discovery issues, the next
conference should be in 45
days. She said, "I started
scheduling in-person
conferences for June --"
A lawyer,
seemingly Jill Levy for Sater,
called that "pretty
aggressive."
Judge
Parker said, Let's do it by
phone in June. Inner City
Press will "be" there, in
person or virtually. Watch
this site. The case is City of
Almaty, Kazakhstan et al v.
Sater et al.,
19-cv-02645
(Nathan /
Parker).
***
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