Cooperating Witness Smuggled
Drugs Into GEO Private Prison But US Attorney
Continued Deal
By Matthew
Russell Lee, Exclusive
Patreon
SDNY COURTHOUSE,
Sept 12 – Back in March 2019
for weeks the trial of US
v. Latique Johnson et al
plodded along in the
U.S.
District Court
for the
Southern
District of
New York courtroom
of Judge Paul G. Gardephe. As
Inner City Press the only
media in that courtroom then
as now reported, on March 20 a
defense lawyer was giving his
summation, waving around a
rifle in
the court. His
client was
found guilty.
On
September 12
before Judge
Gardephe
things got
even crazier.
One of the
government's
cooperating
witnesses at
trial,
Rayshaun
Jones, came up
for sentencing
with the
government
seeking to
reward him
with a 5K1.1
letter.
But
even after he
signed his
cooperation
agreement,
Rayshaun Jones
smuggled drugs
into the GEO
private prison
and sold them
to other
inmates. The
U.S.
Attorney's
Office did not
rip up his
plea
agreement.
Judge Gardephe
said in his
nine years as
a prosecutor
and eleven
years since as
a judge, Jones
is the worst
cooperator he
has seen. He
sentenced him
to eleven
years, but as
his lawyer Mr.
Donaldson
pointed out,
that really
means only
four, since
he's already
served 78
months in GEO.
He's being
given an
opportunity to
propose where
he wants to
spend the next
four years.
Inner City
Press is often
ordered out of
SDNY courtroom
for the
benefit of
cooperators.
But whose
covering up
the deals the
government
makes with
them, and
allows them to
violate? We'll
have more on
this. More on
Patreon here.
Back in March
Inner
City Press, while the Latique
Johnson jury was out, asked
him if there had been any jury
notes. He said yes, but that
was it. Requests to be
informed when the jury came
back were unavailable, despite
talk of general deterrence.
Now on March 28, about March
27, this: "LATIQUE JOHNSON,
a/k/a “La Brim,” a/k/a
“Straight 2 Business,” a/k/a
“Breezy,” a/k/a “Boss Dog,”
BRANDON GREEN, a/k/a “Light,”
a/k/a “Moneywell,” and DONNELL
MURRAY, a/k/a “Don P,” were
found guilty yesterday of
racketeering conspiracy,
narcotics trafficking
conspiracy, and firearms
offenses in connection with
their membership in the “Blood
Hound Brims” (“BHB”), a
violent street and prison gang
that operated in New York
City, upstate New York,
Pennsylvania, and
elsewhere. In addition,
JOHNSON and MURRAY were found
guilty of committing assault
in aid of racketeering for a
2012 shooting at a fast food
restaurant in the Bronx
involving an AK-47
firearm. JOHNSON was
found guilty of attempted
murder in aid of racketeering
for ordering a 2012 shooting
of rival gang members in the
Bronx. The convictions
followed a five-week trial
before the Honorable Paul G.
Gardephe. U.S. Attorney
Geoffrey S. Berman said:
“Latique Johnson, Brandon
Green, and Donnell Murray were
leaders of the Blood Hound
Brims, a ruthless gang, and
were responsible for extensive
narcotics trafficking and
terrible violence. They
now stand convicted of their
crimes, and will no longer be
able to inflict harm on the
people of this city.”
According to court documents
and the evidence at
trial: BHB was a
criminal enterprise that
operated principally in the
greater New York area, from
2005 to 2016. BHB was a
faction of the Bloods street
gang, which operates
nationwide, and is under the
New York Blood Brim Army
(“NYBBA”). The BHB
operated within and around
various locations in New York,
including New York City,
Westchester County, Elmira,
and in Pennsylvania, as well
as within and outside federal
and state penal systems.
The BHB used a hierarchical
structure that was organized,
in part, by geography,
including New York City, and
that was maintained, in part,
through the payment of
dues. The founder and
leader of the Gang was
JOHNSON, and other members and
associates of the BHB referred
to JOHNSON as the
“Godfather.” The Gang
was divided into several
“pedigrees,” each of which had
its own leadership structure
which was approved by
JOHNSON. Other
leadership positions included,
among others, treasurers who
collected dues from members of
a particular pedigree, and
individuals who performed
security and disciplinary
functions for the
pedigree. In addition to
JOHNSON, GREEN, and MURRAY all
held leadership positions
within the Gang at different
times. Members of the
BHB had regular meetings,
sometimes called “pow wows” or
“9-11s,” at which members were
required to pay dues.
Some of the meetings were
among members of a particular
pedigree, and other meetings
were for all members of the
Enterprise. Word of the
meetings was disseminated via
text message, word-of-mouth,
and flyers. The BHB’s
business, including rivalries
with other gangs, shootings,
the arrest of gang members,
guns, and drugs, was regularly
discussed at these
meetings. “Kitty dues” –
money that paid for commissary
funds, lawyers, guns, and
drugs, and that served as
tribute to JOHNSON – were
collected at these
meetings. The BHB
maintained its own rules and
constitution that new members
were required to learn.
Members of the BHB also used
code words and secret phrases
to communicate with each other
both while in prison and on
the street in order to avoid
detection by law
enforcement. One of the
BHB’s principal objectives was
to sell cocaine base, commonly
known as “crack cocaine,”
powder cocaine, and heroin,
which members and associates
of the BHB sold throughout the
greater New York area and in
Pennsylvania.
Members and associates of the
BHB engaged in multiple acts
of violence against rival
gangs. These acts of
violence included assaults and
attempted murders, and were
committed to protect the
Gang’s drug territory, to
retaliate against members of
rival gangs who had encroached
on the territory controlled by
the BHB, and to otherwise
promote the standing and
reputation of the Gang
vis-à-vis rival gangs.
These acts of violence also
included assaults and
attempted murders against
members and associates of the
BHB itself, as part of
internal power struggles
within the Gang. For
example, on January 28, 2012,
in the Bronx, New York,
JOHNSON, aided and abetted by
MURRAY, used an AK-47 assault
rifle to fire into a
restaurant where rival gang
members were gathered,
injuring two individuals who
survived the shooting.
The violence continued in fall
of 2012 when JOHNSON ordered
the shooting of two other
members of a rival gang, who
survived." Back on March 22
the courtroom was quiet with
six in the audience and the
defense lawyers - but not
prosecutors - waiting. Inner
City Press stopped in and
waited, since neither the
government nor administration
will commit to announcing when
the jury comes back. The
public has spent much money on
this prosecution; the
government called it a
proceeding of interest. But
where are the exhibits? Where
is the commitment to notice?
What of general deterrence, if
it comes to that? Back on
March 20 the lawyer asked, Do
you think you could stuff this
rifle in your pants? And get
in the back of a taxi? It's
ludicrous. He also mocked a
proffered jailhouse confession
-- "who does that?" -- and
emphasized that government
witness Rosario had access to
discovery in the case. You've
read the book, now you can
tell the story, the defense
lawyer snarked, telling you
jury, You won't lend these
witnesses fifty dollars, why
should you believe them? The
rifle appeared again, (mis)
described as a "baby AK" in
connection with the "chicken
spot shooting." At day's end
on March 18, the defense had
asked for a ruling on a
cryptic note among the 3500
material: "Prince shot
Box kills = beef b/t egp and
brims." Judge Gardephe
asked the
lawyers,
That's some
gangster or
gang? Well,
yes: East
Gangster
Bloods and
bloodhound
brims, was the
answer, all
leading to a
shoot out on
White Plains
Road in The
Bronx. Judge
Gardephe said,
Let the jury
decide what it
means, if as
the government
says it's two
incidents
(Prince being
shot and Box
being killed)
or at the
defense
surmises,
Prince
shooting Box
to death.
Judge Gardephe
said he will
rule on March
19 on the
phone calls
Latique
Johnson the
defendant
wants to
offer. The
case began with a sealed
indictment, signed by Preet
Bharara in 2016, alleging the
use of a firearm for a drug
dealing conspiracy in The
Bronx. Preet has moved on, but
the trial continues. On March
15 there was talk of sour
diesel marijuana packed in
vacuum sealed bags, BWM car
keys and digital scales. Judge
Gardephe said he would not be
comfortable with a witness
saying he thought the Facebook
photo showed marijuana; the
relative attributability of
Instagram and Facebook pages
was discussed, although the
companies are commonly owned.
During the trial the jury has
only sat 9:30 to 2:30; next
week it will shift to a full
shift to 5 pm if Judge
Gardephe has his way. Inner
City Press will be there -
watch this site. Back on March
8 a shooting in The Bronx in
October 2018 was the subject
of an ill-attended SDNY
conference.
Jerome Jackson
is described
as in a white
t-shirt with
silver handgun
on 2 October
2018 on
Freeman Street
- but in the
SDNY courtroom
of Judge Kevin
Castel he was
in jail house
blues and
shackles. His
lawyer Julia
Gatto
questioned
whether the
NYPD
detectives who
questioned
Jackson about
the shooting
were in fact
part of a
joint task
force with the
Feds - no,
Karin Potlock
for the
government
said, and on
that basis no
suppression -
and questioned
probable
cause. There
will be a
hearing on
that on April
Fools Day and
Inner City
Press aims to
be there. The
case is US
v. Jackson,
18 CR 760. A
week before 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. How guns
eject shell casings was the
subject of expert testimony in
a Bronx gang trial on February
27 in the U.S.
District Court
for the
Southern
District of
New York.
Before Judge
Robert W.
Sweet, an ATF
agent traced a
bullet back to
Illinois;
under cross
examination he
said a shell
casing might
eject feet
rather than
yards unless
it bounced on
something.
Then testimony
went back to
2007, a
14-year old
with a gun
heading from
the Millbrook
projects to
the Mitchell
Houses. The
defense asked
for a mistrial
when the name
of a second
gang was
introduced;
the
prosecution
shot back (so
to speak) that
it came from
photos on the
defendant's
own Facebook
page. And so
it goes in
trials these
days. Back
on February 25 a prison
sentence of life plus five
years was imposed for a Bronx
murder by SDNY Chief Judge
Colleen McMahon on February
25. 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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