Gillier
Found Guilty of Fraud on Plane Part
Companies After Extradition and SDNY Trial
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Sept 28 – Stefan Gillier, a
Belgian citizen, was charged
with defrauding airplane parts
manufacturers out of millions
of dollars. Now he has health
problems in
detention.
U.S.
District Court for the
Southern District of New York
Judge Richard M. Berman held
an initial proceeding. Inner
City Press covered
it.
Gillier's
lawyer said his client was
recently moved from the MCC to
the MDC in Brooklyn (unlike,
say, accusing CIA leaker
Joshua Schulte, as Inner City
Press first reported).
In the MDC,
his lawyer said, Gillier
cannot be a salt free diet. He
washed the salt off food when
he can, and foregoes some meat
that is too salty.
Judge Berman said defense
motions were due by November
10.
On October 6,
2021, the case was reassigned
to Judge Paul A. Engelmayer.
He scheduled trial for July 5,
2022 - then, September 2022.
Inner City Press
covered it, see below. And on
September 28, "STEFAN GILLIER,
a/k/a “Stephan Gillier,” a/k/a
“Stefan R.R. Gillier,” a/k/a
“Roland Gillier,” a/k/a
“Roland Van Gorp,” a Belgian
citizen, for engaging in a
conspiracy to fraudulently
obtain over $6 million
dollars’ worth of aircraft
parts through the use of
stopped check payments.
The jury convicted GILLIER
today following a one-week
trial before U.S. District
Judge Paul A. Engelmayer.
GILLIER, 49, a citizen of
Belgium, was convicted of
eight counts: (1) one count of
conspiracy to commit mail
fraud, wire fraud, interstate
transportation of stolen
property, and money
laundering, which carries a
maximum potential penalty of
five years in prison; (2) one
count of mail fraud, which
carries a maximum potential
penalty of 20 years in prison;
(3) one count of wire fraud,
which carries a maximum
potential penalty of 20 years
in prison; (4) one count of
interstate transportation of
stolen property, which carries
a maximum potential penalty of
10 years in prison; and (5)
four counts of money
laundering, each of which
carries a maximum potential
penalty of 10 years in
prison."
On September 6,
Gilliers lawyer wrote to Judge
Engelmayer that "this morning,
I received a CORRLINKS message
from Mr. Gillier relaying that
he had been tested on Friday
and was moved to the 'Maras
Unit (83), highest security
unit here'" - with no laptop.
A delay was requested.
On September 7,
after a telephone conference
that Inner City Press covered,
counsel wrote in again, that
they scheduled a legal call
through "the Skedda online
booking system." But it hasn't
been working and Judge
Engelmayer's intervention with
the Legal Department of MDC
Brooklyn was sought.
The intervention
will be coming: "Updates
regarding setting up a legal
call with Stefan Gillier.
ENDORSEMENT: The Court will
contact the MDC directly to
underscore its order that a
substantially longer call with
Mr. Gillier and his counsel be
arranged for Friday. The Court
directs the government to
convey this message to the MDC
in no uncertain terms. SO
ORDERED."
On September 15,
with Gillier on trial wearing
headphones for interpretation
and two US Marshals guarding
him, Inner City Press was in
the courtroom when his payment
through Bank of Montreal for a
virtual office in Manhattan
was detailed, apparently for
venue. His counsel did not
cross examine, then with the
jury out on break asked to
speak with the judge on a
point of personal privilege.
After the discussion, it
turned out no more public
read-out was required. The
trial continues.
On September 17,
the prosecutors asked Judge
Engelmayer to allow them to
present "Evidence of Flight
and Continued Absence." This
include an order of attachment
executed at Gillier's
warehouse in Kansas, and a
flight on Air Canada on June
15, 2006.
Gillier was
arrested in Italy on May 26,
2019, and he was extradited to
the US on June 26, 2022. The
defense says he had no reason
to return to the US, so it
does not reflect consciousness
of guilt.
On September 23,
the the trial adjourned until
September 27, the defense
asked Judge Engelmayer to
preclude the US from using
"the numerous mailings in
GX106 in its summation" -
included on the list are wires
to HCBC, and mailing of air
turbine starter from NY to
Iowa.
Docketed on
September 26, when the trial
didn't meet in deference to
the Jewish holiday, Judge
Engelmayer ruled: "OPINION
& ORDER as to Stefan
Gillier. The Court has
received the defense's letter
of September 23, 2022, Dkt.
130, which argued that the
Government had not
satisfactorily isolated the
mailings on which it proposed
to rely in closing argument
with respect to Count Two,
which charges the offense of
mail fraud. The Governments
email identifying mailings it
contended were in furtherance
of the alleged mail fraud
scheme had specified one
mailing of documentation (on
April 4, 2006), two mailings
of air turbine starters (on
April 12 and May 17, 2006),
and mailings of the invoices
listed within GX 106. Because
GX 106 contained, by the
defense's count, 828 such
invoices, the defense
contended that the Government
had not meaningfully narrowed
the universe of
mailings-in-furtherance on
which it might rely. The
Government's letter of
September 24, 2022, Dkt. 131,
clarifies that, it will argue
with specificity as to seven
mailings within GX 106 (those
on pages 934, 953, 954, 957,
959, 961, and 962), while
reserving the right to make
the broader factual point
that, per the testimony of
Paul Hadzell is, all such
invoices were mailed. The
Court's assessment is that the
Governments proposed approach
provides satisfactory notice
to the defense as to the
mailings on which it will rely
in arguing that the fraud
scheme in which the defendant
allegedly participated was
furthered by mailing(s). See
United States v. Dupre, 462
F.3d 131, 144 n.14 (2d Cir.
2006). The Court thus regards
the defenses motion claiming a
violation of due process and
seeking a preclusionary remedy
as moot. The Court strongly
encourages the Government,
however, to assure that its
jury arguments do not invite
the jury to find the element
of a mailing-in-furtherance to
have been met by mailings,
including of invoices, that
the Government has not
specified. An argument that
did so would inject a needless
issue, whose resolution could
delay the forward progress of
this trial. It could, in
particular, require the Court
and counsel to discuss before
the Court charged the jury
whether a modification of the
currently drafted charge was
necessary to assure that the
jury's deliberations as to the
mailing-in-furtherance element
of Count Two were limited to
the mailings of which the
defense had been given
pre-argument notice (Signed by
Judge Paul A. Engelmayer on
9/25/22)." Watch this site.
The case is
US v. Gillier, 11-cr-409
(Engelmayer)
***
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