US Marshals Took Month
Flying Raji To SDNY for Sept Trial, Health
Delay Bid Denied
By Matthew
Russell Lee, Exclusive Patreon
BBC
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SDNY COURTHOUSE,
Sept 2 – Mustapha Raji was
indicted for wire fraud in
December 2019 in the U.S.
District Court for the
Southern District of New York.
The indictment
stated that Raji "received,
and aided and abetted the
receipt of, approximately $1.7
million in proceeds of a fraud
scheme via a wire transfer
from a bank in New York to a
bank accounts in Florida
controlled by a
co-conspirator."
Raji was arrested
on December 20, 2019 in Miami.
But it took 35 days for him to
arrive in New
York.
On January 22,
2020 Assistant US Attorney
Dina McLeod wrote to assigned
Judge Jesse M. Furman asking
that time be excluded under
the Speedy Trial Act. Judge
Furman in a January 23 Order
On Letter Motion that is not
in PACER requested an
explanation for the delay in
transporting Raji to the
SDNY.
Then:
on March 19,
2021 Raji's
appointed
counsel Jeremy
Schneider
wrote to Judge
Furman for
approve to
hire Dylan
Schneider as a
paralegal, to
be paid under
the Criminal
Justice Act.
By footnote:
"Out of an
abundance of
caution and in
the interest
of full
transparency,
Dylan and I
share the same
last name
because he is
my son."
On
March 22, 2021
Judge Furman
said no: "The
Court
appreciates
counsel's
disclosure of
the
relationship
and has no
reason to
doubt
counsel's (or
his son's)
good faith,
but concludes
that, at least
in these
circumstances
(namely, where
the services
do not require
particular
expertise and
there is no
strong
argument for
the
appointment of
the particular
person) it is
not
appropriate to
use CJA funds
to pay the
relative of
counsel
applying for
funds.
Accordingly,
the request is
denied without
prejudice to a
new
application
for someone
other than
counsel's
son."
On
March 10,
2022: "Re
Request to
postpone trial
date due to
scheduling
conflict as to
Mustapha Raji:
Application
GRANTED
(without
happiness).
Trial is
ADJOURNED to
September 12,
2022. Time is
excluded under
the Speedy
Trial Act
between today
and September
12, 2022, to
ensure
continuity of
counsel and
allow the
parties to
prepare for
trial. The
Clerk of Court
is directed to
terminate ECF
No. 75. SO
ORDERED.
(Signed by
Judge Jesse M.
Furman on
3/10/2022)."
But on July 22
Schneider
wrote to Judge
Furman
requesting a
conference to
discuss Mr.
Raji's health
condition. It was
held on
July 26 and
Inner City
Press covered
it. Schneider
described health
problems;
Judge Furman
indicated that
a doctor's note
would be
required, and
wondered what
difference
a month
wuold make.
Two days later
on the evening
of July 28, no
doctors
letter, or summary
of the July 26
proceeding,
yet in the
docket.
On
September
1, 2022, the
US opposed
Raji's last
ditch request
to delay the
trial, citing
US v. Gambino, 2d Cir 1995 for
the
proposition
that "the
public is the
loser when a
criminal trial
is not
prosecuted
expeditiously."
On
September 2,
Judge Furman
agreed -- no
delay: "MEMO
ENDORSEMENT
terminating
[93] LETTER
MOTION re:
[93] LETTER
MOTION
addressed to
Judge Jesse M.
Furman from
Jeremy
Schneider
dated August
31, 2022 re:
Request to
Adjourn
Trial....ENDORSEMENT...The
Court
wholeheartedly
agrees with
the
Government.
The fact that
the medical
letter
submitted on
behalf of the
Defendant
comes from a
self-described
"walk-in
clinic to
treat a minor
illness or
injury" casts
additional
doubt on the
need for the
adjournment.
The parties
should be
prepared to
address at the
final pretrial
conference
what
accommodations,
if any, the
Defendant
should be
given during
trial. The
Clerk of Court
is directed to
terminate ECF
No. 93.
(Signed by
Judge Jesse M.
Furman on
9/2/22)."
Watch
this site.
Back on
January 27, 2020 AUSA McLeod
replied that back on January
7, the US Marshals Service
entered a removal request into
the Justice Prisoner and Alien
Transportation System,
JPATS.
She wrote, "In
order to be cost effective,
the USMS routes inmates
through central hubs, rather
than flying each inmate from
his or her original location
to his or her destination.
JPATS indicated that the first
flight available to the
defendant from Miami to
Oklahoma City (one of the USMS
hubs) was on January 22, 2020.
JPATS also indicated that the
next flight available to the
defendant from Oklahoma City
to the SDNY was scheduled for
February 4, 2020. According to
the USMS, this route was
chosen because it was the most
direct route between the
defendant's starting location
and the SDNY."
Inner City Press
was present in the SDNY
Magistrates Court when
Mustapha Raji was finally
presented before SDNY
Magistrate Judge Sarah Netburn
on February 5, @SDNYLIVE
tweet here.
He was detained on consent,
set to finally appear before
Judge Furman on February 7.
The case is US v. Raji,
19-cr-870 (Furman /
Netburn).
***
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