After US Attorney Disclaims Guilty
Verdicts on Iranian Banker Judge Nathan
Demands Answers
By Matthew
Russell Lee, Thread,
Patreon
Song
SDNY COURTHOUSE,
June 9 – Iranian banker Ali
Sadr Hashemi Nejad has been on
trial, charged with money
laundering and violating US
sanctions including through a
Venezuelan infrastructure
project.
On March
16, after an unprecedented
decision to proceed with ten
jurors in the jury room and an
eleventh at home, deliberating
by video conference or
FaceTime, he was found guilty
on most charges. Live tweeted
thread here.
Late on
Friday, June 5 this news dump:
"Re: United States v. Ali Sadr
Hashemi Nejadin, 18 Cr. 224
(AJN) Dear Judge Nathan:
The Government respectfully
submits the enclosed
application for an order of
nolle prosequi of the
Indictments filed in this case
against Ali Sadr Hashemi
Nejadin (“Sadr”) and Bahram
Karimi. The Court is familiar
with disclosure-related issues
that arose during the March
2020 trial as well as in pre-
and post-trial motion
practice, including with
respect to pretrial
suppression litigation. In
light of those issues; our
recognition that Sadr would
have pursued different
investigative, litigation, and
trial strategies had the
disclosures been made; the
need for continued litigation
about suppression issues and
the potential for suppression
of evidence; and the resources
that would be required to
address all of these issues
and to proceed with the
prosecution, the Government
has determined that it would
not be in the interests of
justice to further prosecute
this case. Should the Court
desire any further
information, I will be
available to respond.
Respectfully submitted, /s/
GEOFFREY S. BERMAN
United States Attorney"
Now
on June 9, still without any
press release by the SDNY
Press Office about this
development, this from Judge
Nathan: "ORDER as to Ali Sadr
Hashemi Nejad: On or before
June 18, 2020, the Government
is ordered to respond to Mr.
Sadr's submission, including
his specific suggestion for
the appropriate mechanism for
dismissal, as outlined in Dkt.
No. 349. The Government's
submission must also include
specific answers to the
following questions: 1. List
all material in the case that
was potentially improperly
withheld from the defense. a.
For each item responding to 1,
indicate all Government
attorneys who were responsible
for the disclosure failures,
including supervisors. b. For
each item responding to 1,
indicate whether the
Government agrees or disagrees
that the withholding of the
item was intentional
withholding of exculpatory
evidence. (Responses due by
6/18/2020)." Watch this site.
Back in March:
Judge Nathan: "The jury has
reached a verdict.... The
juror on video conference will
stay on until he hears from me
further." Jury entering! Judge
Nathan: "I'll ask the
foreperson. Has the jury asked
a unanimous verdict?" Yes.
Judge
Nathan: Count 1, how do you
find the defendant, with
conspiring to defraud the US?
Guilty. Count 2: Guilty.
Judge Nathan
(after sidebar) "On Count 3,
bank fraud, how do you find?
Guilty. Under 1344, prong 1,
neither (?) Count 4: bank
fraud conspiracy: Under
1344, prong 1, neither (?)
Under 1344, prong 2, guilty
Judge Nathan:
Count 5: Guilty. Count 6,
money laundering conspiracy:
Not guilty. Now polling
jurors: one? 2? [soon the
virtual juror] Let me confirm
the verdict with Juror Number
7... I have confirmed it is
his verdict. I will dismiss
the jury.
After
Judge Nathan had declined to
sent Sadr to jail pending
sentencing but instead
converted him to home
detention, Inner City Press
rushed out to do a Periscope
video live stream (here)
and try to ask Sadr a
question. His lawyers left in
a yellow cab, then he left.
Inner City Press asked, Are
you going to appeal? He
answered softly, Of course.
Then he too got in a yellow
cab.
On March
16 amid the Coronavirus
COVID-19 crisis, jury
deliberations ran into a
problem. SDNY Judge Nathan
proposed proceeding with ten
jurors in the jury room and
one connected from outside by
video.
Assistant
US Attorney Michael Krause
objected. But Judge Nathan
said there are extraordinary
circumstances and she would
proceed thusly. Inner City
Press live tweeted it all:
thread here.
More on Patreon here.
Ali Sadr is
represented by lawyer Reid
Weingarten of Steptoe &
Johnson and, on November 25 as
reported
by Inner City Press by Brian
M. Heberlig
before U.S. District Court for
the Southern District of New
York Judge Alison J. Nathan.
On Sunday,
March 8 [alongside this song]
the US Attorney Office which
closed its
case on March
9 past
9 pm submitted a letter,
below.
On March 12
in closing arguments, this
happened: As jury charge
continues: Judge Nathan has
just deployed the old saw
about circumstantial evidence,
that if people come into a
windowless courtroom with wet
umbrella, jurors are free to
conclude it is raining
outside.
But what about
Iran sanctions?
AUSA Krause: The
defendant knew what he was
doing violated US sanctions
against Iran. The defendant is
charged with six felonies.
Mohammad Sadr was the
beneficiary of the payments.
...
It's good to have
money, in essence. This is not
how lower income defendants
are often treated in the SDNY.
The case is USA v.
Nejad, 18-cr-00224
(Nathan). More on Patreon here
O
***
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