In
SDNY Predatory Lending
Defendants Get Free Lawyers
Sullivan and Cromwell $2000 a
Week
By Matthew
Russell Lee, Exclusive, Periscope
SDNY COURTHOUSE,
April 23 – Two defendants
arrested at Newark
International Airport for an
advance fee scheme,
essentially predatory lending,
were presented late on April
23 in
the U.S.
District Court
for the
Southern
District of
New York
arraignments
courtroom,
presided over
by this
week by retiring
Magistrate
Judge Henry Pitman.
One of them,
Omar Young of
107 West
Fourth Street,
Granton,
Wisconsin, was
given a free /
publicly
funded lawyer
despite having
$215,000 in
a business
checking
account. The
other, a
Mister Perlman
of northern
Georgia, has
$161,000 in
the bank but
his counsel,
from the white
shoe firm of
Sullivan &
Cromwell,
argued
that he should
be given a
free lawyer - and
that the whole
proceeding
should be
sealed. But it
was held in
open court,
and Inner City
Press was
there, albeit
the only media
present. Why
is a corporate
law firm
like Sullivan
& Cromwell
representing a
predatory
lender --
alleged, of
course -- and
arguing
they should be
paid, and it
should be
sealed? Inner
City Press aims to
have more on
this case. For
now we note
that in the
open court
proceeding it
was said that
no hotel can
be found in or
around
New York City
for less
than $250 to
$300 a night,
and each
defendant was
allowed while
getting publicly
funded
counsel to
spend $2000 a
week while in
New York.
That's
$102,000 a
week, deemed
reasonable by
the court and
Sullivan &
Cromwell, in a
District
where many
families
don't make
that in a decade. Inner
City Press
will have more
on this.
Earlier on April 23, also by
Judge Pitman, a defendant
accused of selling fake IDs
over the Dark Net was told to
stop using that platform while
given bail on April 23. The
defendant,
apparently
also an
Italian
citizen and a
restaurant
consultant,
has social
media showing
his shooting
guns and has,
according to
the government, purchased
"SWAT-ing"
services
(Google it).
But Judge
Pitman told
him not to use
the TOR net,
while asking rhetorically
if they
even make
phones anymore
without the
Internet,
other than
those
advertised in
the back pages
of AARP
Magazine.
Indeed.
Earlier on April
23 a man was denied bail after
naming his Instagram account
"Catch Me If You Can." A
Mister
Crowder,
wearing a
"World Sacrifice Tour"
t-shirt, was
requesting
bail. But
Judge Pitman
asked about
the naming of
his Instagram
account, and
the two
excuses given, that
it was named
after a Leo
DiCaprio movie
("I've seen
it," Judge
Pitman said)
and that he
later changed
"if you
can" to "if
you could," were unavailing.
The marshals
took him back
into the cell
block Judge
Pitman
said to close
the door to,
less than an
hour before
affluent
opioids
distributor
Laurence Doud was
released on
$500,000 bail
and walked
with his
lawyer Mister
Gottlieb
across Foley
Square with
Inner City
Press asking
questions,
Periscope video here. We'll
have more on
this.
Back on
April 18 a
defendant pled
guilty to
selling marijuana and
having
a gun in
Manhattan, to
a plea
agreement
specifying 37
to 46
months. Magistrate
Judge Moses
asked the defendant
if he had
written his
allocation himself.
Sporting an
ACE bandage on
his right wrist, he
said Yes. Moments
later a Mr.
Butler, with
neck tattoo,
stepping up with a
financial
affidavit and
a lawyer, to
be appointed
as he is a
material witness.
So you work
construction?
Judge Moses asked. The
answer was
yes, and that
it was
seasonal - he was
not going to
work tonight
because it was
going to pour
rain. Judge
Moses asked,
Is it? And by
6 pm, there was
still no rain.
But her week
was over, and
not uninteresting,
including
disputes with
both the
Federal Defenders
and, less so,
with the
government. We
will continue
to cover this.
A defendant
accused in New York courts of
attempted murder but released
because not indicted in six
days was denied bail
on April 17
by
SDNY
Magistrate
Judge
Moses after
a contentious 5
p.m.
proceeding with
Inner City
Press the only media
present. The
Federal Defender
argued that
the NY ADA's
inability
to indict
within the six
day time frame
of NY CPLR 3030
meant there
really is no
evidence. The
Federal
Assistant
U.S. Attorney
said she had
called her
state
counterpart who
assured they
are
investigating.
Federal
Magistrate
Judge Moses said
she would not
credit
anything not
actually
before the
court - but
that attempted
murder sounds
serious. The defendant
is being
remanded and
held, it
seems, until a
hearing before
U.S.
District Court
Judge
Keenan.
Inner City
Press will
cover that as
well.
The day before on
April 16 a strange
proceeding took place in which
a material witness was
assigned a free lawyer by SDNY
Magistrate Judge Moses. His
financial
affidavit
had to be
updated - as
it turned out,
because he was
paying his
taxes. Then Judge
Moses accepted
it and assigned him a
lawyer and he
disappeared.
No index
number was
read out, and
his name to Inner
City Press the
only media
present
sounded like
Teepee. They acted
like it was a
private proceeding,
like the
visits by Assistant
US Attorneys
and FBI
agents through
the fire
door to see
the week's
Magistrate
judge. But
these are public
proceedings,
until
they are not.
Inner
City Press will have
more on
this.... A
Dominican defendant charged
with fentanyl was the last
case on April 16 SDNY
Magistrate's Court. There was
more preamble
that usual, as the
Assistant
U.S. Attorney
asked the FBI if
they had the
defendant's
wallet - they
did - and if
it contained his
Green Card. It
did, but there
still a
dispute of whether
this was
the same
defendant who
pled guilty to
narcotics
felony in
2009. It is a
common name:
Juan Pablo de
la Cruz Mendoza.
And for that
reason,
apparently,
the defendant
will spend
at least until
Monday, April
22 in the MCC.
Inner City
Press, the
only media
present in the
presentment,
wondered why
the issue of
his green
card,
uncontested by
the government,
became entwined
with this doppelganger's
plea. The person
present on April 16
said
audible, in
Spanish, that
he makes only
$500 a week,
and sends $100 to
a daughter in
Santo
Domingo. He
has four
children. It
was like observing
in an
operating room
when the
surgeons don't
know what to
do. Delay
it until
Monday was the
decision.
Inner
City Press
will be there.
Back on April 9 a
defendant pleading guilty to
entering the U.S. after a
prior deportation for drugs
asked for an expedited
sentencing, and presumably
second deportation to the
Dominican Republic in the SDNY,
before Judge
Deborah Batts.
But Judge
Batts declined
to give
earlier dates,
saying that the
Probation
Department is
understaffed
and
underfunded.
Defendant
Daniel
Francisco
Portes' lawyer
told
the court and
his client's
family that he
will nonetheless
ask Probation
to expedite
things. Judge
Batts said she
will wants the
parties to
comment on the
draft
pre-sentencing
report. It was
a moment in an
ongoing social
debate, in a large
courtroom
with only one media
present: Inner
City Press.
We'll continue
to follow this
case - but not
this one:
Abdul Odige's
criminal case
began in 2004
but on April 9
his
supervision
was removed.
He has passed
his marijuana
tests; he has
gotten a job
in health
care. He was
arrested for
driving with a
suspended
lisence - but
it was for a
fine he didn't
know he owed.
Probation
spoke up for him, and even the
Assist US Attorney. And so it
was over, a too rare positive
story. The case is, or was, US
v. Odige, 04 Cr.
196 (DAB)....
A
defendant brought before SDNY
Judge Paul Crotty on March 27
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?
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.
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...
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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