| Charged With
Crypto Fraud Alexandre Trial Is March 27
But Nov 18 Ex Parte Fight, Protest
By Matthew
Russell Lee, Patreon Maxwell
Book
Vlog
- Guardian - Honduras
- ESPN
NY
Mag
COURTROOM
EXCLUSIVE, Nov 18 – Eddy
Alexandre, charged with
commodities fraud in
connection with a purported
cryptocurrency and forex
trading platform named
EminiFX, was ordered released
on $3 million bond on May 12.
He would be
required to hire his own guard
for home incarceration in
Valley Stream, NY - and not
pay the guard with the crypto
funds.
The bail
decision was reached by U.S.
District Court for the
Southern District of New York
Magistrate Judge Katharine H.
Parker in an hour-long
proceeding on the afternoon of
May 12. Inner City Press was
the only media there, and live
tweeted it here
and below.
Then was June 14,
when Alexandre was arraigned.
Inner City Press again went.
The court room was full (of
supporters), but little to no
media. Inner City Press live
tweeted here
and below.
On November 18,
amid a spat about ex parte
filings between the US
Attorney's Office and
Alexandre's lawyer, ex-US
Attorney's Office Emil Bove,
there was a protest in front
of 500 Pearl Street, demanding
dismissal, and end to racism,
and largely directed at the
receiver, David Castleman.
Photo here. In the docket, the
only link to November 18 was
to a filing: "The Government
shall respond to the arguments
in Defendant's letter by
November 18, 2022. The
Government may make part of
its submission ex parte as
necessary." Letter on Patreon
here.
Inner City Press remains on
the case(s).
Back on August 3,
with two overflow courtrooms,
more Alexandre and EminiFX
supporters / investors, a
Curcio hearing and March 27
trial date. Inner City Press
exclusively live tweeted here
and below.
On October 5,
Alexandre and his lawyer Emil
Bove, and apparent supporters,
appeared before Judge Cronan
for argument. Inner City Press
was there and files this:
Bove argues the
receiver coordinated with law
enforcement, had laptop seized
for Alexandre's residence. He
repeatedly calls the AUSAs
"these guys."
Bove tells Judge
Cronan, You know better than I
do that the State
Department can move
faster than a year [under
MLAT]. Pooled CJA counsel for
witnesses?
AUSA: Just
because the receiver, the
company, gave info to the
government doesn't make them
part of the prosecution. Echo
of US v Trevor Milton, roles
of Nikola, Mark Russell...
More to follow.
Back on August 5,
in the parallel CFTC case,
Judge Valerie E. Caproni
approved the receivers request
for nearly $1 million, a
request which included: "Long
Island Real Estate Portfolio.
Soon after the start of the
receivership, the Receiver
discovered that EminiFX had
entered into 46 separate
contracts to purchase
residential properties in Long
Island out of foreclosure,
each in a separate New York
state court action with a
separate court-appointed
referee overseeing the sale.
EminiFX also entered into two
separate real estate contracts
outside of foreclosure. In
addition, Alexandre entered
into a separate contract for a
property using $535,000 in
funds traceable to EminiFX
customers as a deposit. The
total deposits on all
properties totaled over $3
million, and the Receiver and
his team at Raines Feldman and
FDT have been working to
recover as much as possible.
The total amount recovered to
date on the EminiFX contracts
for purchase is $575,200. This
amount plus the court-ordered
turnover of the $535,000
deposit for the Alexandre
contract for purchase brings
the total recovery to over
$1.1 million. The Receiver and
FDT are working to recover the
remaining deposits." Full
letter on Patreon here.
On August 9, an
investor submitted a "LETTER
addressed to Judge Valerie E.
Caproni from C. Poulard, dated
8/8/22 re: "EMERGENCY REQUEST
TO RECONSIDER THE APPROVAL FOR
PAYMENT OF FEES & EXPENSES
- MAY/JUNE 2022"- I am
requesting that you reconsider
the approval of the request
and grant me fourteen days to
produce cause for my
opposition to the request made
by the receiver...
Document filed by Chantale
Poulard, a non-party investor
of EMINIFX, INC." Full letter
on Patreon here.
On August 12,
Judge Caproni rejected the
investor's letter and had it
stricken from the docket in
the case: " IT IS HEREBY
ORDERED that the Clerk of
Court is respectfully directed
to strike the investors’
letters filed at Dkt. 93–104.
A party may obtain relief on a
motion for reconsideration
only - full on Patreon here.
There followed
more letters, then on August
17, this: "MEMO ENDORSEMENT on
re: [146] Letter. ENDORSEMENT:
Pursuant to the Court's August
12, 2022, Order, Dkt. 106, the
Clerk of Court is respectfully
directed to strike the pro se
requests for reconsideration
from the docket at docket
entries 93, 105, and 108-146.
The Pro Se Department is
respectfully directed to
refrain from docketing any
further form letters from pro
se nonparties seeking
reconsideration of the Court's
order granting the Receiver's
request for fees without
approval from Chambers. SO
ORDERED. (Signed by Judge
Valerie E. Caproni on
8/17/2022)." Sample form
letter and order on Patreon here.
On September 21,
Judge Caproni struck more
letters.
On October 28,
this: "ENDORSED LETTER
addressed to Judge Valerie E.
Caproni dated 10/21/2022 re: I
am writing this letter to
inform you that I am an
investor in EMINIFX, INC and I
know COMMODITY FUTURES TRADING
COMMISSION has a case against
EDDY ALEXANDRE and EMINIFX,
INC. (Case No.: 22-cv-3822).
If the investors names are
going to be publish. I request
a favor that my name won't be
publish in the investors list.
ENDORSEMENT: All investor
communications should be
directed to the Receiver via
the communication lines
established for the investors,
not to the Court. Letter, Dkt.
164 at 4. The Court notes
that, while it has no
intention of publishing
individual investors' names,
if the identities of
individual investors become
relevant, the Court cannot
guarantee that a particular
name will not be published. SO
ORDERED. (Signed by Judge
Valerie E. Caproni on
10/28/2022)."
More on Patreon here. And vlog here.
More (bonus) on
Patreon
here.
The civil case is
Commodity Futures Trading
Commission v. Alexandre, et
al., 22-cv-3822
(Caproni)
The criminal case is US v. Alexandre,
22-cr-326
(Cronan)
***
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