In SDNY As Fried Frank
Defends Sean Stewart On Retrial Before Judge
Rakoff Prior Federal Defender in Gallery
By Matthew
Russell Lee, Periscope,
Photos
SDNY COURTHOUSE,
Sept 9 – On the first, fast
moving day of the re-trial for
insider trader of Sean Stewart
before U.S.
District Court
for the
Southern
District of
New York Judge
Jed S. Rakoff,
Stewart's
lawyer in the
initial trial,
Mark Gombiner
of Federal
Defenders, was
in the
gallery.
In that trial
that resulted
in a
conviction
overturned by
the Second
Circuit, the
government was
allowed to use
a statement by
Sean's father
Bob that his
son chided him
for not
trading on
insider
information he
gave him "on a
silver
platter." Not
this time:
Judge Rakoff
has excluded
it.
One - or at
least Inner
City Press -
is left
wondering how
it was that
Sean Steward
qualified as
indigent for a
free Federal
Defender
lawyer at the
initial trial.
On September 9
he had a team
from Fried
Frank
including
Steven M.
Witzel,
Lawrence
Gerschwer, R.
David Gallo
and Leigh G.
Rome.
They cross
examined a
health care
investment
banker from
JPM Chase -
the bank was
the subject of
a Curcio
hearing about
possible
conflicts of
interest in an
Iran sanctions
violations
prosecution,
Inner City
Press on
Patreon here
- and
prepared, if
they could
stay away, for
the head of
FINRA's
criminal
prosecution
unit. Inner
City Press
will cover as
much of this
case as it
can. It is U.S.
v. Stewart,
15-cr-00287
(JSR).
Back in August
before Judge Rakoff in the
criminal securities fraud
trial of Joel Margulies on
August 9 defense lawyer Brent
Horst asked at day's end if he
should bother to fly in one of
his two witnesses from
Missouri on Monday or if Judge
Rakoff would bar the
witnesses. Ultimately, the
defense case consisted of text
messages between Margulies and
Lisa Bersham, who has pleaded
guilty, about her Non
Disclosure Agreement and the
SEC. But not before gun
evidence.
This
defense didn't work. The jury
on August 13 returned guilty
verdicts in less than two
hours. The sentencing on those
has been set for December 13.
Afterward Judge Rakoff called
issues surrounding the
remaining severed narcotics
charge "a royal waste of
time," to be put on trial,
pleaded to or dropped, adding
"You'll let me know." Watch
this site.
On the day
before the verdict there were
text messages in which Bersham
asked Margulies to buy and
FedEx her a gun. Some of the
messages concerned a stun gun
for sale in Wal-Mart.
Ultimately, it seems, a Smith
& Wesson .380 was mailed.
The police later found it in
Bersham's storage locker in,
where else, the South Bronx.
Why not in her Upper West Side
apartment? The gun, it was
said, was to protect her from
an irrate investor in Starship
Snacks.
The
summations will be August 13
and Judge Rakoff's
instructions. Then the case
goes to the jury. Inner City
Press will be there - watch
this site.
On the
morning of Monday, August 12
the government was questioning
a witness with a German accent
about Margolies' e-mails to
him about the supposedly
possible sale of All American
Pet Company and its dog food
bar business to Nestle. Judge
Rakoff called a sidebar.
The evidence and
even summations should be
finished Monday, with Judge
Rakoff's jury charge on
Tuesday and then deliberation.
Inner City Press will continue
to cover this and another
trial starting Monday - and,
if possible, the "Part 1"
matter Judge Rakoff retired to
him chambers to hear from the
SDNY prosecutors on August 9.
Watch this site.
Previously
Margolies' lawyer from
Nashville, Tennessee was
slowly cross examining a
witness, about how many times
she has communicated with
Margulies. "I'm hard of
hearing, that's why I
sometimes ask you to repeat
yourself," he told the
witness," adding "let me lay
some foundation."
Judge
Rakoff cut in from the bench:
"I've told you before to just
ask questions - not the whole
prelude, not what's going on
in your mind, not the state of
the universe, but just the
questions."
It
may be that thing are not
going well for Margulies and
his Starship Snacks.
Back on August 7
a series of letters from
Deutsche Bank and Wells Fargo,
account statements from Royal
Bank of Canada, and contracts
about caffeine infused
chocolate by something called
Starship Snacks were
methodically introduced to the
jury.
Assistant US
Attorney
Christine I.
Magdo, who
earlier this
year convicted
S&P's
Sebastian
Pinto-Thomaz
of insider
trader before
Judge Rakoff,
flashed
exhibit after
exhibit on the
video monitor,
focusing on
the meta-data
showing which
were docx and
which were
pdf.
Surely
it will all be
connected for
the jury, some
of whom
appeared
inundated, at
least from
where Inner
City Press
observed as
the only media
in the
courtroom on
the morning of
August 7.
(Later on
August 7 it
would be
ousted from a
criminal
presentment of
"John Doe" by
SDNY Judge
John G.
Koeltl,
without any
notice or
opportunity to
be heard, in a
process
it is unclear
Judge Rakoff
would follow -
perhaps we'll
see).
Many of the
exhibits
concerned the
inheritance
and accounts
of
co-defendant
Lisa Bersham,
who has
pleaded guilty
and pushed
back her
sentencing
before SDNY
Judge Jesse M.
Furman until
October 17,
2019.
Margulies and
his lawyer and
other lunched
on August 7 in
the 500 Pearl
Street
cafeteria,
then waited as
Judge Rakoff
prepared a
Fair Labor
Standards Act
case for
trial,
including
demanding of
the defense
lawyer why he
was not
available in
late August.
(He replied he
is
volunteering
in the
Dominican
Republic;
asked and
answered).
We'll have
more - on both
cases.
Also
before Judge Rakoff back on
July 30, the day after insider
trading tipper Sebastian
Pinto-Thomaz was sentenced to
14 months in prison, one of
his two tippees Jeremy Millul
was sentenced to five months,
not to begin until January 9,
2020 so that Millul can
(probably) witness the birth
of his third child.
Judge
Rakoff said he had planned to
sentence Millul to nine
months, for general
deterrence. But the arguments
of Millul's Arent Fox LLP
lawyer Glenn C. Colton about
probable non eligibility for a
camp and about ICE detention
led him to reduce that by four
months.
One might
wonder if there can be
contingency fees for
sentencing reductions.
More
seriously, Judge Rakoff cited
criminologists for the
proposition that jail time is
the best deterrent
particularly for hard to
detect crimes like insider
trading. He also emphasized
that Millul had done it twice,
in 2016 and 2018.
Millul's
lawyer said he had faced
anti-Semitic attacks in France
and does not want to return
there. Judge Rakoff asks if
his mother doesn't live in
Israel and couldn't he go
there. The response seemed to
be that then his sons would
face military service.
Judge
Rakoff said that while the US
is strengthened by those who
come here, if they commit
crimes they may be deported.
More generally he mused how
criminals do not think of
their families during the
crime, only when they are
caught.
The second
tippee Abell Oujaddou faces
sentencing on September 5 at 3
pm and, since he testified for
the government (but also, as
noted, welshed on paying the
full agreed kickback to
Pinto-Thomaz), probation is
predicted. Inner City Press
will be there. and noted
during the sentencing that
Pinto-Thomaz's lawyer's
argument in the trial had been
to "throw his mother under the
bus." The lawyer, Henry
Mazurek with another client
facing a jury across the
hallway, said it was more
complicated that that. And
complicated it is.
Sentencings in the SDNY often
involve the invocation of the
sins of the father, absent
fathers, abusive fathers. This
absent father was different
than the norm: a Brazilian
industrial magnate. Equally
absent, even as Sebastian's
mother sent to open luxury
stores in Asia. Call it the
Nanny Diaries.
When
Sebastian spoke, just before
sentencing, it was strange to
hear his voice after weeks of
the trial, him sad faced in
the 500 Pearl Street lobby or
working his cell phone in the
plaza outside. Then it was
said he was looking for work
in Houston. Now he is also an
EMT, and offering to do
community service.
Judge
Rakoff was his usual erudite
self, calling the sentencing
guidelines irrational and
saying that these days, AUSAs
probably wish more defendants
went to trial rather than,
like 97%, pleading out. The
AUSA here, Christine I. Magdo,
spoke of the need for general
deterrence. Co-defendant
Jeremy Millul is to be
sentenced on July 29 - Inner
City Press aims to be there,
watch this site.
He was
barely 30 years old but was
publicly traded paint company
Sherwin Williams' main contact
at S&P when it moved to
acquire Valstar in 2016.
Mysteriously a hairdresser
Abell Oujaddou
linked to both Sebastian and
to his mother Nathalie
Pinto-Thomaz made large
purchases of Valspar stock and
options and fell under
suspicious by FINRA. A Jeremy
Millul made even larger
trades, of options. On April
24 the defense was barred from
putting Millul's mother on the
stand, to testify about
another bank account and more,
Inner City Press was informed.
Late
morning on April 26 the the U.S.
District Court
for the
Southern
District of
New York
courtroom of
Judge Jed
Rakoff, the
jury was read
the elements
of the crime
and told that
if they did
not decide
today, the
next day would
be Tuesday.
The marshall
was sworn, to
take them to a
"private and
convenient
place" - an
adjacent room.
Where well
before the
2:30 pm knock
off time for
the more
covered
college
basketball
prosecution
upstairs, the
jury decided
guilty. The
sentencing
will be in
July. We'll
have more on
this.
On
April 25
prosecutor
Christine I.
Magdo called
the defense
shatter-shot
and desperate.
She showed
that Sebastian
Pinto-Thomaz
was in the
WhatsApp and
Viber
contracts of
jewerly dealer
and Valspar
options trader
Jeremy Millul.
But as defense
lawyer Henry
Mazurek
pointed out
after the jury
was gone for
the day, this
doesn't prove
that the two
men
communicated
over the
platforms,
which when
installed
demand or
trick a user
into importing
all of their
contacts from
email, for
example.
Judge Rakoff
said the jury
could make a
reasonable
inference from
the contacts
information,
adding that in
the view of
one reasonable
observer
Mazurek has
engaged in his
summation in
gross
speculation.
Mazurek asked,
Who is that
reasonable
observer?
Rakoff shot
back, you'll
have to
speculate. He
will instruct
the jury for a
half hour on
April 26 then
they will
deliberate.
According to
the
government,
the health and
safety of the
stock market
is on the
line. Watch
this site -
more here
on Patreon.
Earlier on
April 25 the
defense put on
the stand an
IT consultant
who showed
charts he's
made of
hairdresser
and tipee
Abell
Ajouddou's
stock trades
including
Citigroup, JPM
Chase and Bank
of America,
twice, and
compare the
volume of his
communications,
cell phone and
text message,
with the
mother (65%)
and son (35%).
The government
counter-punched
by noting that
WhatsApp and
Viber calls
were not
included, and
that Bank of
America,
Sprint and
Blackberry /
RIM were
double
counted. It
was a strange
ending to the
evidence.
After
summations,
the jury will
begin
deliberating
early on April
26. Watch this
site, and @SDNYLIVE.
Back
on April 18,
before the
disenchantment,
an issue arose
after the jury
left for lunch
as to whether
Oujaddou had
told his
then-lawyer
Robert Anello
to tell the
government he
had paid
Sebastian
Pinto-Thomaz
about of a
"tip fund"
from his
salon, or as
he claimed
earlier in the
week from cash
he and his
wife kept in
the apartment
after the
power outrages
in Super Storm
Sandy. Judge
Rakoff asked
for Anello's
telephone
number, dialed
it and put him
on speaker
phone. There,
with the
consent of
Oujaddou's
current
lawyer, Anello
said, yes, his
client had
told him to
convey that.
So Oujaddou
can be cross
examined about
that, and
about the
unredacted PSR
report the
government
must now give
to defense
counsel. The
jury will not
sit on Good
Friday, so
things may
come to a head
on the
afternoon on
Thursday,
April 18,
between an
equity analyst
and a FINRA
witnesses up
from
Baltimore.
Watch this
site.
the
second day of
the trial of
Sebastian
Pinto-Thomaz
on four felony
counts
proceeded,
with Oujaddou
in the stand.
Assistant
U.S. Attorney
Christine I.
Magdo walked
him through
his Charles
Schwab
accounts, and
photos from
the Home Depot
on 23rd Street
where he said
he handed
Sebastian
$7,500 in cash
he kept in his
apartment with
his wife,
since
Hurricane
Sandy.
But when the
jury left,
questions were
raised.
Oujaddou had
been
threatened
with a lawsuit
for sexual
assault by a
woman whom he
fired from the
salon, just
before
marrying his
Superstorm
Sandy
co-hoarder
wife. This
information,
who said on
the record,
was deemed too
prejudicial
for the jury
to hear.
Sebastian's
lawyer Henry
Mazurek argued
that it was
relevant, that
Oujaddou's
need for hush
money for the
threatened
lawsuit
explained his
trading. Even
when this was
denied, he
made a point
of saying that
hush money is
in the news,
and that being
an alleged
sexual
assaulter may
not be so
prejudicial,
given that the
current US
President was
elected. Judge
Rakoff riffed,
I am
interested in
your political
analysis - but
not as a
lawyer. And
thus ended Day
Two of US v
Pinto.
Career
not destroyed,
Sebastian
Pinto-Thomaz
asked the
court this
year to travel
to Houston for
a possible new
job. But for
two week he's
set to be in
Judge Rakoff's
courtroom -
and after
that, nobody
knows. At the
lunch break on
April 17 he
was out in
front of 500
Pearl Street
working his
cell phone.
Watch this
site.
Back on April 10
a defendant awaiting
sentencing on hedge fund fraud
appeared to change lawyers on
April 10 before SDNYJudge
William Pauley. First his
outgoing lawyer Edward Little
visited him in the green brick
hallway outside the courtroom,
then his prospective or
potential replacement counsel,
Jonathan Halpern, went into
the hall to see him. When the
defendant Nicholas Genovese
was brought out in shackles he
was thin and bespectacled,
guarded by two marshals. In
between the two counsel
recounted their histories
working in the U.S. Attorney's
Office, Little from 1982 to
1990 then on Wedtech cases,
Halpern from 1989 to 2004
(yes, they overlapped one
year.) Still when Judge Pauley
took the bench he said as
early as April 18 he will
appoint a CJA lawyer if the
connection between Genovese -
fees paid by his mother - and
Halpern doesn't take.
According to the U.S.
Attorney, "NICHOLAS JOSEPH
GENOVESE pled guilty today in
Manhattan federal court to
securities fraud for inducing
investments in a hedge fund
that he founded, Willow Creek
Investments LP (“Willow
Creek”), by misrepresenting
his qualifications and
professional background and
concealing that he had prior
felony convictions for
fraud-related crimes. In
February 2018, GENOVESE was
charged and arrested for
perpetrating this fraud.
Today, GENOVESE pled guilty to
one count of securities fraud
before United States District
Judge William H. Pauley III.
As part of his guilty plea,
GENOVESE agreed to forfeit
more than $13 million of
proceeds of the securities
fraud, including his interest
in two watercraft that
GENOVESE purchased with funds
that he obtained from his
victims." Inner City Press
will continue to follow this
case, so different than
another recent change of
counsel in the SDNY.
On April 8
a defendant accused of four
armed robberies of livery cab
drives in The Bronx asked for
bail - and when it was denied,
he fired his lawyer, who told
the court the defendant was
bipolar and heard voices. It
wasbefore SDNY
Judge
Paul Crotty,
who denied
bail and then
assigned the
defendant
James Jackson
a new CJA
lawyer. Before
the switch
off, Jackson's
Federal
Defenders
lawyer argued
that Jackson
has a friend
who makes
$100,000 a
year working
construction
and would put
up $5000, and
that Jackson's
mother said if
he fled the
U.S. Marshals
wouldn't have
to chase him
down, she
would. Crotty
was unmoved.
The Assistant
US Attorney
Thomas Wright
told Crotty
that Jackson
had confessed
to all four
Hobbs Act
robberies and
to brandishing
a weapon,
which the
government
believes he
still has
access too.
Wright said
Jackson during
interrogation
spoke of
suicide and of
hearing
voices. His
Federal
Defender
lawyer Philip
Weinstein,
before he
learned he
would be
fired, said
Jackson had
swallowed
bleach at age
20 and needed
time on bail
to say goodbye
to his seven
year old who
does not live
with him but
whom he still
fathers.
Weinstein
waved a plea
offer then
government has
made with a
deadline of
May 3. That
has now been
pushed back at
least until 8.
Inner
City Press, the only media in
Judge Crotty's courtroom,
albeit still without
electronics, will continue to
follow this case.
Back on
March 27 a defendant brought
before SDNY Judge Crotty also
wanted to change lawyers. Then
he told Judge Crotty that his
outgoing lawyer had taken his
Honduran passport and ID and
he wanted it returned. The
matter was not resolved on the
record; the lawyer being
relieved, seeing Inner City
Press with a reporter's
notebook, came over and asked,
Why are you covering this?
Well, there is an absolute
right to cover the courts. And
when the allegation is that
legal identity documents are
taken and not returned, it
should be pursued. To
belatedly answer the
inappropriate question of the
lawyer being replaced, who
after Inner City Press' answer
of "Here I am" went and
whispered with the judge,
there was a break in the jury
instructions in a case
elsewhere in the courthouse
that Inner City Press is
covering. But really there is
no need for the press or
public to answer. Rather,
where are the documents? After
a long trial for a Bronx
murder 22 years ago in 1997,
on March 27 U.S. District
Court for the Southern
District of New York Judge
Kevin Castel read instructions
for the jury and told them,
"And with that, you may
discuss the case among
yourself." After the jury went
into their room, with marshal
in the hall outside, Judge
Castel told the seven lawyers
they were all welcome to come
back and appear before him. He
said only a grueling work load
for lawyers on trial keep the
jury trial system going, so
the jury service is tolerable
in terms of length. Then he
added his eight minute rule -
that they should not go back
to their offices (except maybe
the prosecutors, to St.
Andrew's Place), so they can
return to court on eight
minutes' notice in case the
jurors send a note out. The US
v. Latique Johnson trial Inner
City Press has been covering
or trying to cover across
Pearl Street in 40 Foley
Square, it remains unclear if
the exhibits will be put
online or notice given.
Earlier this week Inner City
Press dropped by and asked one
of the defense lawyers, the
one who waved a gun around
during summation, if there had
been jury notes. Yes, he said.
But what did they say? In the
Bronx cold case, two days
before on on March 25 a
government witness described
how his van was shot at on
Thanksgiving 1997 as he drove
away from a disco he found too
crowded. The defense quizzed
him if he had been selling
drugs on 26 March 1999 and 29
January 2000 and 2 February
2001 before being deported to
the Dominican Republic. "I
would just sell them when I
needed a couple of bucks," he
said. As to who killed his
brother, witness Ventura said,
"I know who did it." While
Inner City Press had to leave
to cover
the Michael Avenatti
presentment 12 stories higher
in the SDNY courthouse, a
person watching the entire
trial marveled to Inner City
Press that "the defendants
wife came, she works for
Immigration, how is that
possible." We'll have more on
this ongoing trial. Back on
March 21 a former NY police
officer now working in Florida
testified about stopping a
white van with a gun in it on
188th Street and the Grand
Concourse on 29 August 1991
and, along with Officer Serge
Denecko, arresting for men in
the van. Earlier a woman who
was shot at and grazed on the
chin described seeing a gun
sticking out the passenger's
side, and that Hinton, her ex
boyfriend, sold drugs on 149th
Street under the direction of
"Rob," presumably the
defendant Roberto Acosta a/k/a
Mojica. More and more facts
are coming in - maybe too
many? Back on March 20 a now
elderly man who had moved tens
of kilos of cocaine in 1998
was cross examined about how
much times he has met with the
prosecution to prepare this
testimony. It got repetitive,
as pointed out by U.S.
District Court
for the
Southern
District of
New York
Judge Kevin
Castel.
Did he meet Detective Vasquez
on January 26, 2018? He
couldn't remember the date but
yes, many times. Did Detective
Vasquez drive him around and
take photographs of the sights
and stash-houses he pointed
out (presumably including
156th and Broadway)? Yes.
Later on March 20 there were
two forms of testimony about
University Avenue in The
Bronx. There was the double
murder, on 22 December 1997,
Carlos Ventura and another. By
1999 there were payments into
the prison commissary account
of Jose Diaz a/k/a Cano, a
full $200 from Joyce Pettaway
who lived in Apartment 4-G of
2769 University Avenue from
September 1992 to November 5,
2001, according to a
stipulation by the landlord
Jonah Associated. There was a
long sidebar about an
objection to double hearsay;
there was a reference to two
cassette tapes of recorded
conversations between Robert
Acosta a/k/a Mojica and a
person whose name was
redacted, and a description of
how evidence is destroyed. Two
days before, the now-old man
testified about picking drugs
up in Jackson Heights, Queens
and Lodi, New Jersey and
cooking it into crack in an an
apartment on the
aforementioned (and
photographed) 156th Street and
Broadway in Manhattan. At
day's end under cross
examination he described in
detail buying a kilo of coke
for $40,000 and selling it for
$125 a gram - a mark up for
nearly 300%. The goal seemed
to be to get the jury to see
the witness as a predator, not
exactly difficult, despite how
he has aged.
He said he
would fly to Miami and buy the
cocaine from " a Colombia
gentleman" named Jose Picardo;
he described without objection
"un africano" named
Mike and two Dominican women
paid $10,000 each to flying
into Newark from the Dominican
with heroin strapped to their
bodies. The money to pay them
exchanged hands in a
restaurant on 155th Street and
Edgecombe Avenue, "on the way
to Yankee Stadium." Where the
old Polo Grounds used to be...
Earlier in the day there were
hearsay objections made to Judge Castel
which he took
to the
sidebar. The
courtroom was
relatively
full, but
apparently no
media other
than Inner
City Press.
The testimony
was specific:
the cocaine
was driving
from Texas to
the Lodi NJ
car mechanic
shop owned by
a man named
Wilmer. The
cocaine was
welded into
the floor of a
truck. Roberto
Acosta's cars
all had traps
for drugs,
money and
guns. The now
old man was
paid, not by
the week, but
by the job:
how much was
moved. He used
his apartment
in Yonkers and
the parking
place that
came with it.
Acosta
recruited him
in 1997, the
year of the
underlying
murder, in La
Estrella #2.
The old man
couldn't
remember what
kind of cell
phone Acosta
used in those
days, only
that it was
small. Back
on March 14 NYPD Detective
Ramirez described even older
friction ridge characteristics
of Robert Mojica going back to
1994 on Edgecombe Avenue in
Upper Manhattan. At day's end,
the lawyers fought about
whether the co-conspirator
exception to the hearsay rule
exists even if the conspiracy
at issue is not the one
charged in the indictment (the
government says yes). Judge
Castel told the lawyers to try
to re-acquaint themselves with
their families over the (three
day) weekend and he'll see
them Monday. And Inner City
Press as well. Earlier the
defense, on cross examination,
wondered why Ramirez was not
being asked about the 1997
crimes. Judge Castel declared
a break, during which he would
meet with students of a lawyer
who has appeared before him. A
tray of bagels was rolled in.
We'll have more on this trial.
Back on March 8, another
shooting in The Bronx in
October 2018 was the subject
of an ill-attended conference
in the SDNY.
Jerome Jackson
is described
as in a white
t-shirt with
silver handgun
on 2 October
2018 on
Freeman Street
- but in the
SDNY courtroom
of Judge Kevin
Castel he was
in jail house
blues and
shackles. His
lawyer Julia
Gatto
questioned
whether the
NYPD
detectives who
questioned
Jackson about
the shooting
were in fact
part of a
joint task
force with the
Feds - no,
Karin Potlock
for the
government
said, and on
that basis no
suppression -
and questioned
probable
cause. There
will be a
hearing on
that on April
Fools Day and
Inner City
Press aims to
be there. The
case is US
v. Jackson,
18 CR 760. A
week before on March 1 when
Statue of Liberty climber
Patricia Okoumou appeared in
the SDNY , it was to face
revocation of bail for more
recent climbs, all to protest
the separation of immigrant
families. SDNY Judge
Gorenstein did not revoke bail
but imposed house arrest. He
jibed that it appeared Ms.
Okoumou could only support
herself by donations garnered
by climbing. Afterward Inner
City Press asked her lawyer
Ron Kuby about this argument.
He said the judge has it
precisely wrong, or in
reverse: she raised money
because she is an activist,
she is not an actively in
order to make money. Ms.
Okoumou raised her fist, and
headed to Staten Island.
Photos here.
Inner City Press, which
interviewed Okoumou on
December 5 just after another
SDNY decision, in the Patrick
Ho / CEFC China Energy UN
bribery case, headed out and
streamed this
Periscope, and this Q&A,
with more to come, on this
case and others. How guns
eject shell casings was the
subject of expert testimony in
a Bronx gang trial on February
27 in the U.S.
District Court
for the
Southern
District of
New York.
Before Judge
Robert W.
Sweet, an ATF
agent traced a
bullet back to
Illinois;
under cross
examination he
said a shell
casing might
eject feet
rather than
yards unless
it bounced on
something.
Then testimony
went back to
2007, a
14-year old
with a gun
heading from
the Millbrook
projects to
the Mitchell
Houses. The
defense asked
for a mistrial
when the name
of a second
gang was
introduced;
the
prosecution
shot back (so
to speak) that
it came from
photos on the
defendant's
own Facebook
page. And so
it goes in
trials these
days. Back
on February 25 a prison
sentence of life plus five
years was imposed for a Bronx
murder by SDNY Chief Judge
Colleen McMahon on February
25. She presided over the
trial in which Stiven
Siri-Reynoso was convicted of,
among other things, murder in
aid of racketeering for the
death of Jessica White, a 28
year old mother of three, in
the Bronx in 2016. Jessica
White's mother was in the
court room; she was greeted by
Judge McMahon but declined to
speak before sentencing.
Siri-Reynoso was representing
himself by this point, with a
back-up counsel by his side.
Judge McMahon told him,
"You're a very smart man... a
tough guy, a calculating
person... You are a coward,
sent a child to do it for
you... Your emissary shot the
wrong person, a lovely lady...
It was a vicious, evil attack
against the good people of
that neighborhood." When she
imposed the life plus five
sentence, a woman on the
Jessica White side of the
courtroom cried out, yes
Ma'am, put the animal away!
Later, after Siri-Reynoso
ended asking how he can get
more documents about the case,
a woman on his side of the
courtroom said, "No te
preocupes, muchacho, Dios sabe
lo que hace" - don't worry,
God knows what he is doing.
But does He? Earlier on
February 25 when the
government tried to defend its
2018 change of policy or
practice on Special Immigrant
Juvenile status in the U.S.
District Court for the
Southern District of New York
Judge John G. Koeltl had many
questions about the change. He
asked, are you saying that all
the decisions before 2018 were
just wrong, under a policy in
place but not implemented at
the time? In the overflow
courtroom 15C the largely
young audience laughed, as the
government lawyer tried to say
it wasn't a change of policy
but rather an agency
interpretation of the statute.
Shouldn't there have been
notice and comment rulemaking
under the Administrative
Procedure Act? The government
said the argument proffered
for this was about the Freedom
of Information Act (on which,
as Inner City Press has noted,
the US Office of the
Comptroller of the Currency
has similarly reversed its
policy 180 degrees without
justification). SDNY Judge
Koeltl demanded t know if the
government is arguing that no
juvenile court in New York,
California (and maybe Texas
for other reasons he said) is
empowered to grant relief. The
answer was far from clear -
but where the ruling is going
does seem so. Watch this site.
The Bangladeshi Central Bank
which was hacked for $81
million in February 2016, on
January 31 sued in the US
District Court for the
Southern District of New York.
Now the first pre-trial
conference in the case has
been set, for 2 April 2019
before SDNY Judge Lorna G.
Schofield. Inner City Press
will be there.
In Dhaka, the
Criminal Investigation
Department which failed to
submit its probe report into
the heist on time has now been
ordered by Metropolitan
Magistrate
Sadbir Yasir
Ahsan
Chowdhury to
do so by March 13 in
Bangladesh Bank cyber heist
case.
In the U.S.
District Court for Central
California, the unsealed
criminal complaint against
Park Jin Hyuk lists four email
addresses involved in
spear-phishing Bangladesh Bank
and among others an unnamed
"African Bank;" one of these
addresses is said to also have
communicated with an
individual in Australia about
importing commodities to North
Korea in violations of UN
sanctions.
To the Federal
Reserve, Inner City Press has
requested records relating to
the Fed's role with response
due in 20 working days - watch
this site. In the SDNY, the
case is Bangladesh Bank v
Rizal Commercial Banking Corp
et al, U.S. District Court,
Southern District of New York,
No. 19-00983. On February 3 in
Dhaka Bangladesh Bank's
lawyer Ajmalul
Hossain
said it could take three years
to recover the money. The
Bank's deputy governor Abu
Hena Razee Hasan said those
being accused -- in the civil
not criminal suit -- include
three Chinese nationals.
Ajmalul Hossain said the Bank
is seeking its hacked million
plus interest and its expenses
in the case. He said US
Federal Reserve will extend
its full support and that
SWIFT, the international money
transfer network, also assured
of providing all the necessary
cooperation in recovering the
hacked money. The
Philippines returned $14.54
million in November 2016, so
$66.46 million has yet to be
retrieved. Now defendant RCBC
Bank of the Philippines has
hired the Quinn Emanuel law
firm to defend it, and it
already fighting back in
words. RCBC’s lead counsel on
the SDNY case, Tai-Heng Cheng,
said: “This is nothing
more than a thinly veiled PR
campaign disguised as a
lawsuit. Based on what we have
heard this suit is completely
baseless. If the Bank of
Bangladesh was serious about
recovering the money, they
would have pursued their
claims three years ago and not
wait until days before the
statute of limitations. Not
only are the allegations
false, they don’t have the
right to file here since none
of the defendants are in the
US." But it seems the funds
were transferred to and
through the Federal Reserve
Bank of New York. And as Inner
City Press reported in the US
v. Patrick Ho case last year,
the wiring of funds through
New York can confer
jurisdiction. Inner City Press
will be covering this case.
The first paragraph of the 103
page complaint reads, "This
litigation involves a massive,
multi-year conspiracy to carry
out one of the largest banks
heists in modern history right
here in New York City. On
February 4, 2016, thieves
reached into a bank account at
the Federal Reserve Bank of
New York (“New York Fed”) and
stole approximately $101
million (out of the nearly $1
billion they attempted to
steal). The bank account was
held for the benefit of
Bangladesh Bank, which is
Bangladesh’s Central Bank.
Bangladesh Bank has had a
45-year banking relationship
under which it has placed its
international reserves with
the New York Fed. The New York
Fed is a critical component of
the United States’ central
banking system and its link to
the international financial
system." Bangladesh's lawyers
on the case are "COZEN
O’CONNOR John J. Sullivan,
Esq. Jesse Loffler, Esq.
Yehudah Gordon, Esq." We'll
have more on this.
Debaprasad
Debnath, a general manager at
the central bank’s Financial
Intelligence Unit, Joint
Director Mohammad Abdur Rab
and Account and Budgeting
Department General Manager
Zakir Hossain all left Dhaka
to head to New York, for the
filing of the lawsuit, which
Inner City Press will be
following.
They say the
Federal Reserve Bank of New
York, which on January 29 was
instructed by the US State
Department to allow Juan
Guaido to access Venezuelan
accounts, will be helping its
Bangladeshi counterpart to get
to the bottom of the
hack. Those eyed include
Philippines’ Rizal Commercial
Banking Corporation or RCBC
and some of its officials, and
Philrem Service Corporation,
casino owners and
beneficiaries. Ajmalul Hossain
QC, a lawyer for the central
bank, is with them to file the
case.
It is an
interesting twist on the SDNY
as venue for the money
laundering and FCPA
prosecution of Patrick Ho of
CEFC for bribery in Chad and
to Uganda - in this case, too,
the money flowed through New
York. Inner City Press intends
to cover the case.
***
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