SDNY
Makes Sex Traffick Deal With
Darby An Hour Before Jeffrey
Epstein Bail Decision
By Matthew
Russell Lee, Patreon,
thread
SDNY COURTHOUSE,
July 18 – One hour before the
bail decision on child sex
trafficking defendant Jeffrey
Epstein by U.S.
District Court
for the
Southern
District of
New York Judge
Richard
M. Berman, more
quietly the
SDNY
prosecutors
cut a
cooperation
agreement with
another child
sex
trafficking
Anthony Darby.
Inner City
Press had gone to
the SDNY
courtroom of
Judge Paul
Engelmayer to
cover another
matter. But
inside the
courtroom a shackled
man was
pleading guilty.
The courtroom
deputy came
over to say
this was not
the case Inner
City Press had
come to cover.
But Inner
City Press
stayed to
cover it. Soon
Assistant US
Attorney
Wolf requested
a sidebar with
Judge Engelmayer.
The reason quickly
became
clear. Darby
was pleading guilty
to 14 counts,
sex trafficking
of minor
and conspiracy,
in exchange
for
cooperation he
would get a
5K1.1 letter -
in April 2020.
Judge Engelmayer
to his credit,
unlike at
least two
other SDNY Judges,
did not
lawlessly order
the Press to leave.
And for
that reason
for now Inner
City Press is
reporting only
these bare
bones facts: that
amid criticism
of the
Jeffrey
Epstein non prosecution
agreement, this
Darby deal is
taking place
in the SDNY.
Is it a good
deal? We'll
have more on this.
That
Jeffrey Epstein,
now in the Metropolitan
Correctional
Center by
Foley Square,
will be denied
bail now on
July 18
at 11:30 am
is widely predicted.
But on
July 16
SDNY Judge
Kevin N. Fox freed on
bail a
heroin
defendant to
Oklahoma
and a
telemarketing
fraud
defendant
whose father
lives in
Costa Rica, of
which the bailee is
a national. See
Inner City
Press story here.
On
July 17, after
Judge Berman
moved the time
for his
decision from
9:30 to 11:30
am the next
day, Assistant
US Attorney
Alison Moe
wrote to him: "The
Government
respectfully
submits this
letter to
briefly
respond to one
aspect of the
defendant’s
July 16, 2019
letter (ECF
No. 24), and
to provide the
Court with
additional
information
regarding the
defendant’s
foreign
passport. The
defendant’s
July 16, 2019
letter
asserts: “[A]s
for the
Austrian
passport the
government
trumpets, it
expired 32
years ago. And
the government
offers nothing
to suggest—and
certainly no
evidence—that
Epstein ever
used it.” (ECF
No. 24 at 7).
In fact, the
passport
contains
numerous
ingress and
egress stamps,
including
stamps that
reflect use of
the passport
to enter
France, Spain,
the United
Kingdom, and
Saudi Arabia
in the 1980s.
The Government
further notes
that the
defendant’s
submission
does not
address how
the defendant
obtained the
foreign
passport and,
more
concerning,
the defendant
has still not
disclosed to
the Court
whether he is
a citizen or
legal
permanent
resident of a
country other
than the
United States." Watch
this site.
On July
15 SDNY Judge
Richard M.
Berman asked
five questions
after
saying he
won't rule
until July 18
at 9:30 am in
his courtroom. Inner City
Press thread on
Twitter here.
More on
Patreon, here.
On
July 16 on the
issue of the
passport the
US wrote to
Judge Berman
that "During
the Detention
Hearing, the
Government
informed the
Court that it
had recently
learned that
law
enforcement
agents had
seized what
appears to be
an expired
foreign
passport (the
“Foreign
Passport”)
from a safe in
the
defendant’s
Manhattan
residence
during the
execution of a
search warrant
on or about
July 6, 2019.
The Foreign
Passport has a
photograph
that appears
to depict the
defendant, but
lists a
different
name.
Photographs of
that passport
are annexed
hereto as
Exhibit B. In
the same safe,
agents
discovered
what appears
to be an
expired United
States
passport
issued to the
defendant, in
his true name,
within three
years of the
date on the
Foreign
Passport. A
photograph of
that United
States
passport is
annexed hereto
as Exhibit C,
so that the
Court may
compare the
passports,
both of which
appear to
depict the
defendant.
Because
Exhibits B and
C contain
personally
identifiable
information
and sensitive
information
relevant to
the ongoing
investigation,
the Government
respectfully
requests that
Exhibits B and
C be filed
under
seal.
The Government
is attempting
to obtain
additional
information
about the
Foreign
Passport,
including how
it was
obtained and
whether the
passport is
genuine or
fabricated.
But the
defendant’s
possession of
what purports
to be a
foreign
passport
issued under
an alias gives
rise to the
inference the
defendant
knows how to
obtain false
travel
documents
and/or assume
other, foreign
identities.
This adds to
the serious
risk of flight
posed by the
defendant. FN:
The Government
has asked
defense
counsel to
advise whether
the defendant
is currently,
or has been in
the past, a
citizen or
legal
permanent
resident of a
country other
than the
United States.
To date,
defense
counsel has
declined to
respond.
Certainly if
the defendant
is, or has
been, a
citizen or
permanent
resident of
another
country, that
would add
significantly
to the
overwhelming
evidence of
risk of
flight."
As
to Epstein's
allegedly claiming
to be a Saudi
resident, it
is worth
noting as
Inner City
Press tweeted
that Epstein
funded the
expansion of a
UN-centric NGO
into Bahrain,
here.
Epstein's
lawyer Martin
Weinberg said
among other
things that
Epstein is
not an out of
control
rapist, and
offered to
post $100 million
bail.
In
response to
Judge Berman's
question on who
in the
Department of
Justice signed
off on the non
prosecution
agreement, Weinberg
cited the
current Under
Secretary of
Treasury, who
is Sigal P.
Mandelker, and
also Mark Filip.
Assistant US
Attorney Alex
Rossmiller
said they have
found a
passport from a
foreign
country, with
Epstein's
photo
in it but
another name,
listing him as
a resident of
Saudi Arabia.
Judge Berman asked
for a sample
of what was
found in Epstein's
East 71st
Street mansion
- and asked
for any
further
written
filings by
July 16 at 5
pm. He
will rule,
drum-roll, on July
18 at 9:30 am
in his
courtroom
(which on July
15 was called
too full for
Inner City
Press.) More on
Patreon, here.
Watch
this site.
As
Inner City
Press has
reported from
the
Magistrates
Court of the SDNY
this year, at
least two
accused pedophiles
have been
released on
bond, with
conditions.
One,
Donnie
Fetters, was
bailed by
Magistrate
Judge Ona T.
Wang on May 10
and allowed to
fly back to
Iowa from
whence he came
to Laguardia
to meet an
underage girl,
or what he
thought was an
underage girl.
See the Inner
City Press,
the only media
that day in
the Magistrate
Court, story
here.
Fetters
remains free;
most recently
his appearance
before SDNY
Judge Victor
Marrero was
waived. This
case is now US
v. Fetters,
19-cr-387
(VM).
On May
30 SDNY
Magistrate
Judge James L.
Cott granted
bond to Bryan
Pivnick,
accused of
grooming an 11
year old boy, see
Inner City
Press story here:
now Pivnick is
asking for
greater access
to the
Internet in
New Jersey,
ostensibly to
pay his
student loans.
This case is
now US v.
Pivnick,
19-cr-00464
(PKC). More on
Patreon, here.
Certainly,
conspiracy to
commit sex
trafficking
charges are
different. But
these two
recent
bailings, and
the SDNY's
continuing
usually
ignored
proceedings,
merit
reporting,
which Inner
City Press
will continue
to do, perched
as for months
over the PACER
terminal in
the 500 Pearl
Street press
room, if it is
available, as it
continues its
"Murky
Mag Court"
series.
Back
on March 6
when the
question of
releasing or
at least
reviewing
sealed Jeffrey
Epstein
documents was
taken up by
the U.S. Court
of Appeals for
the Second
Circuit, Inner
City Press
story here,
Alan
Dershowitz was
there.
Afterward by
the elevators
in 40 Foley
Square Inner
City Press
asked
Dershowitz,
what he'd
thought of
Judge Sweet's
decision. He
began to say,
Judge Sweet
made a mistake
- when first
his lawyer
gestured that
they should
go, and then
the clerk of
court asked
everyone to
leave the
floor.
Now it's
reported not only that
on July 8 Epstein will be
presented and indicted on sex
trafficking charges but also
that a search warrant was
executed on Epstein's
Manhattan mansion at 8 East
71st Street on July 6. Epstein
is in the Metropolitan
Correctional Center, photo here,
along with among others
convicted UN briber, Antonio
Guterres linked, Patrick Ho of
CEFC.
Cursory
research revealed not only
Epstein as a member of the
Council on Foreign Relations,
but bragging about his
financial support to CFR,
through the Jeffrey Epstein VI
Foundation. Photo here.
What will CFR say? Will they
belatedly be returning the
money?
While some call
it a pink hued building on a
dead end street, his mansion
is at 9 East 71st Street - one
block, it turns out, from the
Qatar royal family mansion
which has hosted human
trafficking covered up in the
SDNY, see Inner City Press here,
and below.
The July 8
presentment will presumably be
in Courtroom 5A of 500 Pearl
Street, or perhaps a larger
room to accommodate the
interest. In Courtroom 5A as
the July 1-3 work week ended
Inner City Press alone in the
gallery observed Magistrate
Judge Barbara Moses signed sealed
indictments and warrants,
even with what some called sleight
of hand of saying there
would be no action until 8 pm
then, when Inner City Press
ran to the PACER terminal in
the press room, ending the
day's business at 7:45 pm with
no press present. Expect on
July 7 another
Geoffrey Berman press
conference as well -- Inner
City Press will be there.
The rights
or lack of rights of victims
have been highlighted for some
in this case - but the
violation of rights of less
prominent people has been
happening every day,
from before March until now in
the SDNY including its murky
Magistrates Court. Inner City
Press was in the 2d Circuit in
March and will be in the SDNY
July 8, based from a PACER
terminal, documenting the
disparities. Watch this site.
Back in March all
of the parties - the Miami
Herald's Julie Brown, Mike
Cernovich, Alan Dershowitz and
even Virginia Giuffre -- were
pushing for the unsealing of
the documents, except
Ghislaine Maxwell. Her
lawyer Ty Gee argued that
people had relied on the
commitment to seal the
information. He ended by
saying the U.S. judicial
system is not about democracy.
But by then the
panel of Judges of Cabranes,
Pooler and Droney had made it
pretty clear they will be
remanding the case and the 167
documents back to the U.S.
District Court for the
Southern District of New York.
The only question seems to be
whether Judge Sweet, who
initially agreed to seal them,
will get the case on remand or
if another judge will.
. He challenged
Giuffre to sue him, and of
Judge Cassel was highly
critical, a term of art.
Another term of
art: slut-shamer, a term
applied during the argument to
Mike Cernovich but one that
the judges mocked, with Judge
Pooler asking if there was a
"slut-shaming cabal." The
wider point was that there is
in the United States no system
for certifying journalists,
that as the Ninth Circuit case
Opsidium v Cox has it,
journalist is something you
do, not something you are.
All citizens -
and non citizens, as in the
case of Argentines seeking
information about their
country's debt revealed in a
U.S. case - have a right to
information, a right that
predated the
Constitution. The judges
reserved judgement. Inner City
Press will continue to cover
this and other SDNY and 2nd
Circuit cases - watch this
site.
The Qatar ruling
family's abuse of employees
and laws was exposed
in an off the record initial
conference at
in the U.S.
District Court
for the
Southern
District of
New York on
February 14; Inner
City Press was the only media
present.
Inner City Press
wrote an exclusive story that
day, February 14, then more in
the following few days as more
sources contacted us. Now it
has learned that the UK's
Daily Mail days later on
February 21 false claimed an
exclusive on the story, here.
On June
1 Inner
City Press reported
that the
Qatari royals'
lawyers were on
the cusp of
succeeding in
burying the
case in
mediation by
JAMS. A low-ball
settlement -
except for
attorneys
fees -- was
submitted
to SDNY Judge
J. Paul Oetken
on June 1. The
total is
$150,000,
fully half being
attorneys'
fees;
it is signed
by the royals
without any
admission.
And
now on June
10, this:
"ORDER: The
proposed
settlement at
Docket Number
36-1 is
approved, and
the case is
hereby
DISMISSED WITH
PREJUDICE. The
Court shall
retain
jurisdiction
solely to
resolve any
disputes
arising from
the settlement
agreement and
the settlement
of this
action. The
Clerk of Court
is directed to
close the
case. SO
ORDERED.
(Signed by
Judge J. Paul
Oetken on
6/10/2019)
(jca)."
So the issue
of human trafficking
has been buried,
for money, in
the SDNY.
Tellingly,
the
cover letter
stated
that
"Defendants –
who are
members of the
royal family
of Qatar –
noted that if
they received
certification
from the State
Department,
they would
potentially be
considered
diplomats
entitled to
full immunity,
resulting in
immediate
dismissal of
the litigation
for lack of
subject matter
jurisdiction." So the
Qatar royals used
the threat of
support from
the U.S. State
Department to
cover up human
trafficking.
We'll have
more on this - and there is
more on
Patreon, here.
***
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