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By Matthew Russell Lee, Exclusive, Patreon
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SDNY COURTHOUSE, Oct 28 – A cooperator was sentenced in open court on October 28, to no jail time and two years probation. Tomer Bargig's merchant account was used in a scheme to defraud American Express of credit card points. He benefited by 15% of each transaction being taken to pay down his $95,000 PayPal small business loan.

     Bargig will have to pay that $95,000 back and perhaps a bit more, depending on how much the scheme leader he provided the government with information against, Izaak Landau, pays.

     Because Bargig has been a cooperator, the public docket in his U.S. District Court for the Southern District of New York case even three hours after his sentencing on October 28 has no filing more recent than July 19.

    But Judge Richard J. Sullivan, after sentencing Bargig to two years probation asked Assistant US Attorney Michael D. Longyear if the government's 5K1 letter would be filed into the docket. Yes, AUSA Longyear said. But not the update letters. To his credit, Judge Sullivan said he saw no reason for the transcript to be sealed.

  During the sentencing, Bargig thanks Judge Sullivan for allowing him to speak. It's your right, Judge Sullivan replied. "If I didn't allow you to speak, you could take me up to the Court of Appeals."

    Judge Sullivan is on the Second Circuit Court of Appeals. He is continuing with cases such as Bargig's in which he took the guilty plea back in 2017. The case is US v. Bargig, 17-cr-687 (Sullivan).