| In SDNY Prosecution About
Brixmor REIT Falls Apart, Michael Carroll's
Record Expunged
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
May 24 – On April 14, 2020
amid much uncertainty U.S.
District Court for the
Southern District of New York
Chief Judge Colleen McMahon
picked a date for the trial of
Michael Papagallo and Michael
Carroll on securities fraud
charges.
Defendants
are charged with manipulating
metrics in filings of Brixmor
REIT, including "engaging in
'cookie jar' accounting by
illicitly storing certain
income when it should have
been immediately recognized."
Dates in 2021 were suggested;
Judge McMahon replied that If
we're in the soup again it
will be next winter.
Assistant US Attorney said
there is no way to know when
the courts will get back in
action for real.
Chief Judge McMahon (with a
laugh) Ask your boss!
Then the US
Attorney's Office filed a nolle
prosequi
Jump cut to May
24, 2021, and Michael Carroll
is having his arrest record
expunged along with an
admonishment to the
Government: "MEMO ENDORSEMENT
as to Michael Carroll (1)
granting [97] LETTER MOTION
re: [97] LETTER MOTION
addressed to Judge Colleen
McMahon from Peter G. Neiman
dated May 20, 2021 re:
Expungement of Record.
ENDORSEMENT: For substantially
the reasons articulated in Mr.
Neiman's letter, the motion is
granted and Mr. Carroll's
arrest record is expunged. The
court is confident that Mr.
Carroll's privacy interests
outweigh any law enforcement
interest maintaining the
record of his arrest. It is
indeed unfortunate that the
government's pre-arrest
investigation was not
sufficiently thorough, such
that the government did not
learn of the evidence that
convinced it that it could not
prove him guilty of any crime.
(Signed by Judge Colleen
McMahon on 5/24/2021)."
The case is US v.
Carroll, et al., 19-cr-545
(McMahon).
***
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