In
Racketeering
Case
Castelucci
Wanted Release
SDNY Seibel
Denies It But
Urges Short
Furlough
By Matthew
Russell Lee, Patreon
The
Source - XXL
- The
Root - etc
SDNY COURTHOUSE,
May 30 – When lawyer John C.
Meringolo, representing
racketeering defendant
Christopher Londonio, told a
White Plains jury back on
October 7, "That's reasonable
doubt!" Judge Cathy Seibel cut
in, "And that's too loud."
And now in May 2020,
months into the Coronavirus
lockdown, Judge Seibel as
issued an interim ruling on
the application for
compassionate release by
co-defendant John
Castelucci:
"In my experience, the fastest
way for defense counsel to get
the defendant's BOP medical
record is to ask the AUSA. The
Government shall obtain
Defendant's BOP medical record
and convey it defense counsel
no later than 5/26/20
(although it may advise the
Court if that is not
possible). Defense counsel may
supplement Defendant's
submission no later than
5/27/20. The Government shall
respond by 5/29/20."
On
May 30, Judge Seibel denied
the motion for release but
urged or recommended a short
furlough: "ORDER denying 1032
LETTER MOTION for
compassionate release sentence
reduction as to John
Castelucci (8); Defendant has
moved for a sentence reduction
under 18 USC 3582(c)(1)(A),
which allows the Court, after
considering the factors set
forth in 18 USC 3553(a), to
reduce a sentence if
extraordinary and compelling
reasons justify such action
and it is consistent with the
relevant policy statements of
the Sentencing Commission.
Policy Statement 1B1.13
imposes similar requirements,
along with the provision that
the Defendant not be a danger
to the safety of any other
person or the community.
Application Note 1 to Policy
Statement 1B1.13 describes
four potential extraordinary
and compelling reasons: 1) the
defendant has a terminal
medical condition or because
of a serious health condition
or impairment is substantially
diminished in his ability to
provide self-care; 2) the
defendant is at least 65 years
old, has served 10 years or
75% of his sentence, and is
experiencing serious
deterioration in health as a
result of aging; 3) family
circumstances; and 4) an
extraordinary and compelling
reason other than or in
combination with one of the
above. Defendant suggests that
he meets the fourth category
listed above (extraordinary
and compelling reason other
than or in combination with
one listed) because he has
medical conditions that put
him at increased risk should
he be stricken with COVID-19.
The Government does not
dispute that Defendant suffers
from diabetes and other
conditions that put him at
increased risk, and that
Defendant's medical condition
amounts to an extraordinary
and compelling reason for
release. I note, however, that
while there are apparently 22
COVID-19 cases among inmates
at FCI Fort Dix (and none
among staff), those cases are
all in the camp, whereas
Defendant is in the adjoining
prison. Nevertheless I assume
that Defendant has shown
extraordinary and compelling
reason for release. But I must
still must balance it against
the factors set forth in 18
USC 3553(a). See USA v.
Daugerdas, 2020 WL 2097653
(S.D.N.Y. 5/1/20). Those
factors weigh heavily against
release. Defendant has served
9 months of a 37-month
sentence. He would ordinarily
not be eligible for halfway
house or home confinement
until March 2022. He is
apparently in the RDAP program
and may, if he completes it,
receive a 12-month sentence
reduction. His release date to
halfway house or home
confinement would then
presumably be somewhere around
March 2021. Defendant's
counsel (who is to be
commended for not overstating
his case) suggests that the
Court may have taken the
possibility of an RDAP
reduction into account at the
time of sentencing. I did not
-- because Defendant's
Presentence Report ("PSR")
gave no hint that Defendant
had a substance abuse problem,
and because he had tested
negative while on pretrial
release. Frankly, I cannot
imagine why Defendant was
admitted to RDAP if the PSR's
description of his substance
use -- which is based on
information from him and to
which he lodged no objection
-- is accurate. If it is
accurate, Defendant's
admission to RDAP suggests
that someone at the Bureau of
Prisons ("BOP") was fooled or
compromised or monumentally
careless, and that that RDAP
bed should have gone to
someone with a genuine
substance abuse problem. If
what is said in the PSR is
false, and Defendant has a
genuine substance abuse
problem, it seems like a bad
idea to spring him from RDAP
when he is mid-way through the
program. The 3553(a) factors
militate strongly against
release in any event.
Defendant is a longtime
mobster who rose to the
position of captain, a
leadership role, in a
murderous organization. He
capitalized on and enriched
himself through the violence
and fear inflicted by that
organization, and his position
allows him to direct the
activities of others. Evidence
at his co-defendants' trial
showed that he assigned others
to administer a "hospital
beating" to someone who had
crossed the underboss. Prior
significant sentences have
done nothing to deter him. The
instant case is his eighth
conviction, his fifth felony,
his third federal conviction,
and his second under the
racketeering statute. It would
seriously undermine several of
the 3553(a) factors to release
Defendant to home now. Doing
so would not give sufficient
weight to either the
seriousness of the offense or
Defendant's lengthy criminal
history; it would undermine
respect for the law; it would
not amount to just punishment;
it would introduce unwarranted
sentencing disparities; and it
would not sufficiently address
the need to protect the public
from further crimes of
Defendant. As i noted at
sentencing, there is no reason
to believe Defendant will not
commit further crimes. He has
a record of repeated serious
violations of law, and given
this track record, there is
little reason for confidence
that he would now eschew his
sworn loyalty to the Lucchese
Family of La Cosa Nostra if
the remainder of his prison
term were eliminated. Because
of their ability to direct
violence by others, organized
crime leaders do not "age
out." To the contrary, there
is every reason to believe
that Defendant will, if his
sentence is reduced, do as he
has done in the past and pick
up where he left off as a
captain in the Lucchese
Family. He thus presents a
danger to the community. The
Court believes, however, that
Defendant's health could be
safeguarded without
undermining the 3553(a)
factors or the safety of the
community by a brief temporary
furlough under 18 USC 3622.
The Court recommends that BOP
give consideration to
temporary release for
Defendant, under proper
conditions, after which he
would complete his sentence --
if doing so would not disrupt
a genuine need for substance
abuse treatment. (If Defendant
really does not belong in
RDAP, no harm would be done by
his leaving in the middle.)
While Defendant's record
suggests a risk of danger to
the community if his sentence
were reduced to time served,
the Court believes that that
risk would be mitigated if the
release were brief and
temporary. A short furlough
until the corona virus is
under better control, rather
than a sentence reduction,
strikes the Court as the most
fair and sensible balance of
both the public interest and
the risk to Defendant. The
Government is directed to send
a copy of this text order to
the Warden and the legal
department at FCI Fort Dix..
(Signed by Judge Cathy Seibel
on 05/30/2020) (Seibel, Cathy)
(Entered: 05/30/2020)."
Back in
October Londonio and
co-defendants Steven Crea Sr.,
Terrence Caldwell and Matthew
Madonna were being tried in
the Westchester County branch
of the U.S. District Court for
the Southern District of New
York, though Manhattan SDNY
prosecutor Alexandra N.
Rothman is on the papers and
Meringolo, based on Greenwich
Street, was covered
by Inner City Press in the 500
Pearl Street trial of John
"Porky"
Zancocchio and
Joe Cammarano.
In a filing
once the trial
began,
these two New
Yorkers faced
off, with
Rothman
filings this:
"The
Government
respectfully
submits this
letter to
permit
undercover FBI
Special Agent
UCE-6398 to
testify as
“UCE-6398” at
trial and not
under his true
name or the
undercover
alias used in
this
investigation,
and further to
preclude the
defense from
cross-examining
UCE-6398 on
either
identity. The
Government
makes this
request to
protect
UCE-6398’s
identity,
safety, and
viability as
an undercover
asset for the
FBI moving
forward. The
Government has
conferred with
defense
counsel and
understands
that counsel
for Mr.
Londonio
opposes this
request. The
Government has
not heard any
objections
from the
remaining
defendants.
Background
Either late
Thursday
afternoon or
Friday
morning, the
Government
intends to
call FBI
Special Agent
UCE-6398 to
introduce GX
702A and
702A-T, the
August 18,
2014 recording
between Joseph
Datello, CW-2,
and UCE-6398
and its
corresponding
transcript.
Later in the
trial, the
Government
intends to
offer through
CW-2 an
additional
recording from
January 30,
2015 in which
UCE-6398 also
participated.
UCE-6398 was
involved in
the FBI’s
investigation
into La Cosa
Nostra (“LCN”)
from 2014
until 2016. In
this role,
UCE-6398 acted
as a
businessperson
who was
funding
narcotics
transactions
involving
Datello, CW-2,
and Carlos
Gomez, and
providing
CW-2, Datello
and others
with untaxed
cigarettes. In
the recordings
and
corresponding
transcripts
the Government
intends to
offer at
trial,
UCE-6398 is
identified by
his undercover
number or as
“Pete” -- the
first name he
gave the LCN
members and
associates
with whom he
did business.
The Government
does not
intend to
offer
UCE-6398’s
real name or
full
undercover
identity, as
neither is
relevant to
the guilt or
innocence of
the defendants
or the
undercover’s
credibility."
We'll have
more on this.
On October 7
after the "too
loud" opening
arguments, the
government put
on the mother
and daughter
who found the
dead body of
Michael
Meldish in his
car in The
Bronx. He was
described as
"still warm,"
discovered
after a stop
at a Seven
Eleven for a
presumably
cold Big Gulp.
The
docket, with
originally 19
co-defendants,
is a line up
of SDNY
criminal
defense
lawyers, from
Daniel
Hernandez /
Tekashi
6ix9ine's
Lance Lazzaro
for John
Castelucci
through
6ix9ine's
testimony
target Anthony
Ellison's
Deveraux
Cannick for
Brian Vaughan,
and The Bronx'
own Murray
Richman for
Joseph
DiNapoli.
Judge Seibel
had other bon
mots, for
example musing
to the jury
that lawyers
say "may I
publish" when
they only
mean, Can I
show the jury.
There was
pointing at
FBI Special
Agent Theodore
Otto in the
courtroom, but
the government
has asked
Judge Seibel
to preclude
Londonio from
calling him as
a witness.
Inner City
Press will
continue to
cover this
case. It is US
v. Londonio,
et al,
17-cr-89 (CS).
From May, in
Manhattan: two and a half
months after Joe Cammarano and
John "Porky" Zancocchio were
acquitted on racketeering
charges, their co defendant
Eugene Castelle on May 31 was
found guilty of racketeering
conspiracy and running a
gambling business but
acquitted of attempted
extortion. Castelle faces
sentencing on September 20.
The three
counts were read to the jury
on May 30 by U.S.
District Court
for the
Southern
District of
New York
Judge Alvin K.
Hellerstein.
Before the charge
the government's summation
said that Castelle had been
paid as a carpenter although
he didn't show up for work, so
that his powers with the
Luchese family, with their
headquarters in a social club
in the Bronx showing venue,
could be used.
The jury,
in their side room of
Hellerstein's 14D, as of 11 am
on May 31 had at least one
question: they wanted the
Pennesi testimony read back.
Here's what the US Attorney's
office announced after the
jury verdict: "Between 2012
and January 2018, CASTELLE
acted as a soldier in the
Luchese Family of La Cosa
Nostra, often referred to as
the Mafia. CASTELLE used
his position in the Luchese
Family to receive thousands of
dollars, over multiple years,
from a large-scale illegal
sports betting business
operating through off-shore
websites in Costa Rica.
CASTELLE protected the
business from other members of
the Mafia, used threats of
violence to collect debts owed
to the business, and extorted
the bookmaker for annual
payments of “tribute.”
CASTELLE also committed other
racketeering acts, such as
holding a “no show” job as a
carpenter at a construction
project where he was paid a
carpenter’s wages for many
months without ever settting [sic]
foot on the jobsite."
The count
Castelle was found not guilty
on, Attempted Extortion," was
set forth by the government on
May 1 as: In or about 2015,
Eugene Castelle, a/k/a
"Boobsie, unlawfully and
knowingly... used threats of
force and economic harm to
collect and attempt to collect
payment from an individual in
return for protection for
physical and economic harm
from members of La Cosa
Nostra, a nationwide criminal
organization." Not guilty.
More on Patreon, here.
In the
days before the trial on May
20 Castelle's lawyer wrote to
Judge Hellerstein to allow
cross examination of "CW-2,"
saying that "in 1989, CW-2
shot and killed a young man
who made the mistake of dating
CW-2's girlfriend... The
government now concedes that
the deceases romantic rival
not only did not pull a gun,
but he did not even have a
gun." The docket is full of
redacted documents; some are
simply sealed in full (as took
place on May 31 in the UN bribery
case that, also, should
be considered racketeering -
at and even by the UN). For
background,
see Jerry
Capeci's Post
and
GanglandNews
piece, here.
Midday on
May 31 before the jury
returned with its two out of
three verdict it was otherwise
quiet on the 14th floor of 500
Pearl Street.
Likewise
the charging conference was a
strangely intimate proceeding
in a large courtroom; some
glanced over at Inner City
Press like, What are you doing
here? But as Judge Edgardo
Ramos said openly in the
recent college basketball
case, charging conferences are
open to the Press and public.
And Inner City Press covered
the Cammarano trial delay, and
his one closely through
exhibits.
Castelle's
lawyer Gerald J. McMahon
objected to the use of the
word racketeering in the
charge; Judge Hellerstein said
the word is used in the
statute. McMahon repeated
cited Judge Sands' treatise on
sentencing, on topics ranging
from prior perjury like Mr.
Romano to which way inferences
should be drawn. Judge
Hellerstein said, "I don't
charge there, I think it's
confusing."
Judge
Hellerstein grew
philosophical, recounting that
after 38 years in private
practice he has put in 20 more
years as a judge. We've
covered him recently presiding
over a multi lawyer pre-trial
conference, swatting down
objections and speaking with
candor - as on the afternoon
of March 5 ended with a
government witness
authenticating audio tapes he
recorded in his pizzeria
which, it seemed, one of the
defendants was trying to take
from him. He said he preferred
Vinnie TV over Joe C. and
Porky - who smiled and waved
when his name was mentioned -
but that he tried to get along
with them, including by going
to Porky's restaurant Bella
Donna. He said that all the
made guys were there on
Fridays.
Like a
happy hour, commented Judge
Alvin Hellerstein, to some
laughter including among the
jury. (Later Judge Hellerstein
would stay to hear and grant a
motion to dismissed a sexual
orientation discrimination and
retaliation claim against
SUNY. Such is the schedule of
a Federal judge.) The trial
was wrapping up - and
ultimately resulted in
acquittal: on March 13 the
jury acquitted the two of
racketeering and conspiracy to
commit extortion charges. Gina
Castellano, the lead
prosecutor, had said they
"worked together and with
other members of the mob to
commit crime after crime —
extortion, loan-sharking, drug
dealing, assault and fraud.
These two men led a
sophisticated criminal
organization that took
whatever they wanted from
whoever they wanted through
intimidation,” she said. But
unlike with the Millbrook
Houses in The Bronx, for
example, this prosecution
didn't work. We'll have more
on this. March 5 had ended
with Stephen Sabella being
questioned about racist
Facebook posts and a scar his
step-brother left on his head.
Stephen Sabella testified that
the defendant John Zancocchio
gave him a black eye and a
broken tooth and stole his
busienss from him, some $2
million in all.
"I can't stand
him," Stephen Sabella said.
But he went beyond that, and
posted on Zancocchio's
daughter's Facebook wall
insults against her bi-racial
daughter. He called Zancocchio
himself a "stuttering MF-er;"
Zancocchio's lawyer referred
to "my client's disability."
He cross examined: you know
her from Bella Mama Rose,
right? She's a good person,
right? Judge Alvin Hellerstein
sustained an objected by
Stephen Sabella managed to
work into his response, yes
she is a nice person. He said
he wasn't sure how Facebook
worked, how many people saw
his posts.
A liquor salesman
posted a photo with Zancocchio
calling him a classy guy;
Stephen Sabella replied online
that he was surprised, unless
the salesman meant a thief and
robber. When Stephen Sabella
was beaten up a second time
outside his home he decided to
cooperate with the government.
But, he admitted, he continued
with a gambling book and some
drug sales, "just marijuana,"
he said. Asked if his father
was arrested in Florida for
cocaine he followed Judge
Hellerstein's sustaining the
government's objection and did
not answer.
Still one
wondered how this might hurt
his credibility with the jury,
one of whose members told
Judge Hellerstein that Stephen
Sabella's name was mis-spelled
in the transcripts that were
passed out to the jurors.
Stephen Sabella explaining his
own calls was one thing - but
another government witness was
asked to authenticate a series
of calls about "meet you in
twenty minutes," "I can't hear
you I'll call you right back"
and the like. At one point
classical hold music came one
and Judge Hellerstein quipped,
Is Mozart a part of this case?
Cammarano's laughed followed
suit, saying "I object."
Perhaps the music was Vivaldi.
Judge
Hellerstein's is a classy
court room, where he has waxed
poetic of defendants like
Norman Seabrook and Murray
Huberfelt, why do good people
do bad things. The phrase has
yet to be heard in this trial.
Earlier on March 4, the
government put on the stand an
expert on La Cosa Nostra, to
whom the defendants objected
without avail. He described a
system in which proposed new
"made men" must be circulated
to all of the five families to
see if there is any objection,
akin to the silence procedure
in the UN Security Council
with its five permanent
members. Because of the high
level of incarceration, a
previous rule of new members
only being allowed in to
replace deceased one has been
waived - each year, each
family can bring in an
additional two members.
Similarly, the requirement
that made men be 100% Italian
has been changed such that
only the father must be
Italian. He said surveillance
of wakes is "of incredible
value to law enforcement.. The
understanding is visual, a
hierarchy, you put the dots
together." And slowly, perhaps
too slowly, in this SDNY
courtroom, the dots are being
put together. Back on February
28, beyond testimony by the
Business Integrity Commission
now looking in sham unions,
the head of security for the
Peninsula Hotel certified the
one-night stay of Zancocchio
for a mere
$295, saying
the normal
rate was $795.
Zancocchio's
lawyer on
cross
established
that the three
other couples
staying at 700
Fifth Avenue
in the
Peninsula that
night each
paid with
their own
credit card,
including
yesterday's
carting
witness
William
Cioffi. Then a
retired NYPD
detective
Kevin Hui, now
with FSA
Capital, came
on to describe
his
surveillance
of a one story
building next
to a car wash
on March 22,
2015. Thus are
cases built -
or not. On
February 27
Cioffi
described in great detail how
demolition debris was dumped
on a construction site on
Staten Island. There was a
price war on such dumping, and
a company called Silver Star
stopped paying. And so the
witness or rather his wife
signed checks to the site's
owner; the witness signed a
non prosecution agreement and
now testified again Cammarano
today in a sweater and
Zancocchio whose last name he
said he never knew. TD Bank
handled the funds; the
Peninsula Hotel was a place to
stay overnight in Manhattan.
The trial is motoring along,
the prosecution said. Even
ending the week on Thursday at
4 pm, the government's
evidence will conclude next
Wednesday. But what might the
defense have up its (sweater)
sleeve? Earlier on February 27
Judge Alvin Hellerstein
disallowed several of the
questions of Zancocchio's
lawyer John Meringolo. Judge
Hellerstein has told the jury
to be sure not to read
anything written about the
case or broadcast, presumably
including Periscope
live-streams. Two audio
captures of initial government
witness Lovaglio were
disallowed, one with U.F.
a/k/a Unidentified Female
a/k/a "my ex-fiance" as the
prosecution said Lovaglia
called her. There will be ten
to twenty more minutes of
cross, ten minutes of
re-direct. Judge Hellerstein
has requested a glossary of
names, or a chart with
photographs like "before the
age of automation." But the
prosecution and defense
couldn't agree to what should
go in the chart. The chart or
easel or something like it
will be part of summations.
For now the trial continues:
watch this site. When
Lovaglio described his current
eight year New York State jail
sentence he recounted being
insulted by the step son of
the owner of a sushi
restaurant owner on Staten
Island. "I assaulted him with
a glass," Lovaglio deadpanned.
The man's eye no longer works,
and he would not accept money
to make the criminal complaint
go away. Now Lovaglio is suing
his NYPD handler for telling
him not to take a lesser plea,
for assuring him he wouldn't
do a day in jail. He is in a
"private detention facility."
Judge Hellerstein wanted to
know what they meant. It's a
private prison.
Later in
the morning, after several
audio tapes Lovaglio recorded
while wearing a wire for the
government were played, he was
asked to confirm that the
Bonanno crime family used hand
signals to refers to some
people: an ear tug, the chin,
and for the named defendant
Joe Cammarano, a hand sweeping
over the top of the head. Why,
Judge Hellerstein asked.
"Because
he has nice hair," Lovaglio
shrugged. Cammarano and some
sitting behind him laughed,
seemingly with pride.
Listening to Lovaglio try to
get associates to talk for his
audio recorder, one wondered
if the jury will wonder if he
isn't playing them, too. But
if he lies he loses the
prospect of the Fed's helping
him on the racketeering he's
pled to, with the 5K
letter. Watch this
site. On February 26
when Lovaglio described a loan
of $200,000 at four percent a
week and mentioned a "Johnny
Sideburns" whose photograph
was put on-screen for the
jury, Judge Hellerstein had
two questions. "Where are the
sideburns?" he asked. There
were none in the
photo.
"We just give
nicknames," Lovaglio said.
When Hellerstein said that a
weekly interest rate of four
points was 100% a year,
Lovaglio deadpanned, I think
it's more, Judge. And so it
is: not unlike the payday
loans that the US Consumer
Financial Protection Bureau is
settling
on without
restitution...
Earlier on
February 25 a prison sentence
of life plus five years was
imposed for a Bronx murder by
U.S. District Court for the
Southern District of New York
Chief Judge Colleen McMahon.
She presided over the trial in
which Stiven Siri-Reynoso was
convicted of, among other
things, murder in aid of
racketeering for the death of
Jessica White, a 28 year old
mother of three, in the Bronx
in 2016. Jessica White's
mother was in the court room;
she was greeted by Judge
McMahon but declined to speak
before sentencing.
Siri-Reynoso was representing
himself by this point, with a
back-up counsel by his side.
Judge McMahon told him,
"You're a very smart man... a
tough guy, a calculating
person... You are a coward,
sent a child to do it for
you... Your emissary shot the
wrong person, a lovely lady...
It was a vicious, evil attack
against the good people of
that neighborhood." When she
imposed the life plus five
sentence, a woman on the
Jessica White side of the
courtroom cried out, yes
Ma'am, put the animal away!
Later, after Siri-Reynoso
ended asking how he can get
more documents about the case,
a woman on his side of the
courtroom said, "No te
preocupes, muchacho, Dios sabe
lo que hace" - don't worry,
God knows what he is doing.
But does He? Earlier on
February 25 when the
government tried to defend its
2018 change of policy or
practice on Special Immigrant
Juvenile status in the U.S.
District Court for the
Southern District of New York
Judge John G. Koeltl had many
questions about the change. He
asked, are you saying that all
the decisions before 2018 were
just wrong, under a policy in
place but not implemented at
the time? In the overflow
courtroom 15C the largely
young audience laughed, as the
government lawyer tried to say
it wasn't a change of policy
but rather an agency
interpretation of the statute.
Shouldn't there have been
notice and comment rulemaking
under the Administrative
Procedure Act? The government
said the argument proffered
for this was about the Freedom
of Information Act (on which,
as Inner City Press has noted,
the US Office of the
Comptroller of the Currency
has similarly reversed its
policy 180 degrees without
justification). SDNY Judge
Koeltl demanded t know if the
government is arguing that no
juvenile court in New York,
California (and maybe Texas
for other reasons he said) is
empowered to grant relief. The
answer was far from clear -
but where the ruling is going
does seem so. Watch this site.
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. The
Philippines returned $14.54
million in November 2016, so
$66.46 million has yet to be
retrieved. Now defendant RCBC
Bank of the Philippines has
hired the Quinn Emanuel law
firm to defend it, and it
already fighting back in
words. RCBC’s lead counsel on
the SDNY case, Tai-Heng Cheng,
said: “This is nothing
more than a thinly veiled PR
campaign disguised as a
lawsuit. Based on what we have
heard this suit is completely
baseless. If the Bank of
Bangladesh was serious about
recovering the money, they
would have pursued their
claims three years ago and not
wait until days before the
statute of limitations. Not
only are the allegations
false, they don’t have the
right to file here since none
of the defendants are in the
US." But it seems the funds
were transferred to and
through the Federal Reserve
Bank of New York. And as Inner
City Press reported in the US
v. Patrick Ho case last year,
the wiring of funds through
New York can confer
jurisdiction. Inner City Press
will be covering this case.
The first paragraph of the 103
page complaint reads, "This
litigation involves a massive,
multi-year conspiracy to carry
out one of the largest banks
heists in modern history right
here in New York City. On
February 4, 2016, thieves
reached into a bank account at
the Federal Reserve Bank of
New York (“New York Fed”) and
stole approximately $101
million (out of the nearly $1
billion they attempted to
steal). The bank account was
held for the benefit of
Bangladesh Bank, which is
Bangladesh’s Central Bank.
Bangladesh Bank has had a
45-year banking relationship
under which it has placed its
international reserves with
the New York Fed. The New York
Fed is a critical component of
the United States’ central
banking system and its link to
the international financial
system." Bangladesh's lawyers
on the case are "COZEN
O’CONNOR John J. Sullivan,
Esq. Jesse Loffler, Esq.
Yehudah Gordon, Esq." We'll
have more on this.
Debaprasad
Debnath, a general manager at
the central bank’s Financial
Intelligence Unit, Joint
Director Mohammad Abdur Rab
and Account and Budgeting
Department General Manager
Zakir Hossain all left Dhaka
to head to New York, for the
filing of the lawsuit, which
Inner City Press will be
following.
They say the
Federal Reserve Bank of New
York, which on January 29 was
instructed by the US State
Department to allow Juan
Guaido to access Venezuelan
accounts, will be helping its
Bangladeshi counterpart to get
to the bottom of the
hack. Those eyed include
Philippines’ Rizal Commercial
Banking Corporation or RCBC
and some of its officials, and
Philrem Service Corporation,
casino owners and
beneficiaries. Ajmalul Hossain
QC, a lawyer for the central
bank, is with them to file the
case.
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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