Postal Service Briber Issa
Gets 60 Months From Judge McMahon As Brafman
Questions Tax Charges Timing
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
June 20 – When U.S. Postal
Service briber Ibrahim Issa
came with his lawyer Benjamin
Brafman to be sentenced on
June 20 the U.S. Probation
Department suggested 60 months
in prison. Brafman wanted 29
months, name checking an Olive
Society symposium he attended
at Columbia University.
U.S.
District Court
for the
Southern
District of
New York Chief
Judge Colleen
McMahon said
she had meant
to attend that
symposium.
Then in an
hour and a
half
sentencing
proceeding she
imposed the 60
months
recommended by
probation -
where she came
out before
seeing their
recommendation,
she said.
While Brafman
said he
thought Issa
would come out
better after
going to trial
albeit losing,
Judge McMahon
said what she
learned during
the two week
trial did not
redound to
Issa's
benefit. He
evaded taxes,
changing
accountants
when they gave
him advice he
didn't like.
Brafman
described Issa
in a
restaurant
with a target
of his bribes
gesturing at
what he called
the other
businessmen
taking others
out to dinner.
But these were
bribes to get
contracts to
repair Postal
Service
vehicles.
Brafman's
best argument
was that the
tax charges
were only
brought when
Issa decided
to go to trial
rather than
plead guilty.
The government
declined to
comment on the
timing, and
Judge McMahon
focused in the
unsavoriness
of shifting
tax burdens on
to others.
Brafman
requested
Canaan camp in
Pennsylvania,
self-surrender
September
5. Judge
McMahon said
they might not
be ready for
Issa by then.
We'll see.
As if in another
world, in the trial of US v.
Jason Polanco many videos of
store robberies in masks were
shown on June 19, complete
with play by play by one of
the now unmasked participants,
Joshua Kemp. Hours later a
higher profile defendant
scheduled for the same
courtroom had a more effective
mask: his unnumbered case was
quietly adjourned, see below.
In Bureau
of Prison blues in the late
morning, Kemp described buying
Halloween masks on Fordham
Road and targeting a liquor
store in Washington Heights.
In
the courtroom of SDNY Judge
Paul A. Engelmayer the jurors
started intently at their
screens as Kemp chased a
liquor store worker. The
defendant, presumably, pushed
a liquor store customer to the
ground. Later they ran off
down the sidewalk. Today
everything is filmed.
But there
are still disputes. Polanco's
lawyer Donna R. Newman on June
18 wrote to Judge Engelmayer
about "the substantive Hobbs
Act robbery of a Citgo station
on November 24, 2014," saying
that "there is no
disinterested eyewitness
identification of Mr. Polanco,
no DNA, no fingerprints, and
nothing that links Mr. Polanco
to these robberies other than
the word of a cooperating
witness, Joshua Kemp."
Inner City
Press has asked the US
Attorney's Office for the
government exhibits. Later on
June 19, a plea that Judge
Engelmayer was supposed to
take in US v Meyers, initially
with no case number, was
abruptly postponed. But Inner
City Press is on the
case, see below, @InnerCityPress and
the new @SDNYLIVE:
The
US has quietly filed a
criminal antitrust case
against Banca IMI trader Larry
D. Meyers, concealing the case
number and adjourning what was
listed as a plea proceeding on
June 19 before Judge Paul A.
Engelmayer of the U.S.
District Court
for the
Southern
District of
New York,
Inner City
Press can
report.
The case
involves
violations
with the
Sherman Act
with respect
to American
Depository
Receipts. It
is a quiet
part of a larger
case.
Back on 9 May
2019 DOJ
Antitrust
Division
criminal chief
James J.
Fredricks
signed a
"Notice of
Intent to File
An
Information"
against
Meyers.
Through
so-called
"Wheel B" it
was assigned
to SDNY Judge
Engelmayer, by
Magistrate
Judge Ona T.
Wang.
On
June 5 - it is
not clear
where -
Meyers and his
attorney Dan
Portnov
"waive[d] in
open court
prosecution by
indictment and
consent[ed]
that the
proceeding may
be by
information
instead of by
indictment."
That way,
instead of
through the
more public
Magistrates
Court, Meyers'
presentment
was before
Judge
Engelmayer,
with a Docket
Number listed
as "19-CR-
[blank],"
quickly
released on
$100,000 bond,
travel
restricted to
the US and
Ireland unlike
most
defendants
confined to
two or three
US Districts.
This is the
VIP aisle of
indictments,
with the DOJ
helping to
avoid any
possible perp
walk.
And so it was
that while the
week's SDNY
"Civil and
Criminal
Proceedings
Calendar" for
the week of
06/17/19
listed on June
19 at 5 pm a
plea before
Judge
Engelmayer in
USA v. Meyers,
19-cr-[blank],
the courtroom
of Judge
Engelmayer
where Inner
City Press had
been earlier
in the day on
a Hobbs Act
robbery trial
was empty.
There was no
sign on the
door
explaining
why, as was
done for
example on the
door
of Judge
Deborah Batts
about Michael
Avenatti.
There are VIP
lines, and vip
lines.
Currently
the docket
does not show
where the next
proceeding
will take
place. But
Inner City
Press believes
it knows.
Watch this
site - and for
more, see its
Patreon, here.
While many even
most cases in the Magistrates
Court of the SDNY
are
sealed, on
June 19 Magistrate
Judge Sarah
Netburn in processing
three
alleged co
conspirators
did not use
the word
sealed or
docketing
delayed.
No case
number was
given, that
the surnames
of the
defendants
were Perez,
Grito and (it
seemed) Gazono.
Or Bisono.
He was represented
by the Federal
Defenders, so one
would think it
would be
listed there.
He was also
pressed for an 8 pm
curfew, which
Federal
Defender Julia
Gatto
effectively
fought off.
This
was undermine
by a CJA
lawyer agreeing to
the curfew for
his client -
but Judge
Netburn in any
event
did not agree
to it.
Instead she
told Pre-Trial
Services to go
check out the
home to see if
the monitoring
needed to
enforce a
curfew could
work there.
The
day's last
case before
Judge Netburn
seemed
straightforward.
Ricardo Reynoso,
resident of Massachusetts,
had been
arrested at
11:30 am that
day in
Connecticut.
Judge Netburn
released him
on $75,000
bond.
Judge
Netburn,
who the
previous day
sealed and
delayed
docketing on a money
laundering
case from New
Jersey
completing the
tri-state
trifecta, told
Ricardo Reynoso about
a program she and
another
SDNY judge
(apparently
SDNY Chief
Judge Collen
McMahon)
run. It is
called Young
Adult
Opportunity
Program.
Because
Inner City
Press is not
*only* about
pushing for
transparency,
for example
of the a suddenly
sealed
sentencing
before Judge
Lorna G.
Schofield on
June 17,
we link to this
program here.
It's all to
the good. So is
transparency,
including on
warrants.
We'll have
more on this.
***
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