In
SDNY Case US v Middendorf
Dispute About Ernst and Young
Spread Sheet Faces Solution By
Subpoena
By Matthew
Russell Lee, Exclusive, Periscope
FEDERAL
COURTHOUSE, February 14 – As
the first week of the criminal
trial involving a scheme to
defraud the SEC and the Public
Company Accounting Oversight
Board came to a close on
February 14, an Ernst &
Young document a witness
described seeing on someone's
laptop but which is not in
evidence and was not produced
in discovery came into
dispute. U.S. District Court
of the Southern District of
New York Judge J. Paul Oetken
urged that the document be
provided or he would be
included to issue a subpoena.
(Less than an hour later he
expressed support for a
confidentiality agreement to
cover claims that Qatari
royals cheat their employees
out of overtime, see below).
The government said they never
had the E&Y document and
that's why they never turned
it over. Given the size of the
defense legal team in United States v.
David Middendorf, et al., 18
Cr. 36 (JPO), being tried in
the same large SDNY courtroom
that UN briber Ng Lap Seng was
convicted in, it seems clear
this document will some out.
On the Qatari royals, less so.
Watch this site. The sister of
the ruler of Qatar is being
sued by at least three
employees who say they were
made to work six days a week
without being paid overtime,
and were retaliated against.
Inner City Press was the only
media present at the initial
pre trial conference on the
case in the U.S. District
Court for the Southern
District of New York on
February 14, and was tempted
to object when the Qatari
royal's lawyer from the
Proskauer law firm urged SDNY
Judge J. Paul Oetken for a
confidentiality order.
Royals of a
gas-rich emirate that has
locked up poets for
criticizing them, seeking to
cover up their retaliation and
refusal to pay overtime? It
remains to be seen how much
will be covered up in the
case. The defendants are
Sheikha Al Mayassa bint Hamad
Al-Thani and Sheikh Jassim bin
Abdulaziz Al- Thani.
For now we can
report: the Proskauer firm on
February 14 not only opposed
any certification of the claim
to include other wronged
employees of the family, it
also proposed to sever the
three plaintiff from each
other. The plaintiffs' lawyer
argued that many of the Qatari
royals' employee are afraid to
join the lawsuit, absent a
noitce or invitation from the
court promising them
protection from retaliation,
because they are in the United
States on special visas which
only allow them to work for
this family, and they could
have to leave the country as
two of the plaintiffs have.
From the answer
to the Complaint: "Defendants
admit that Mr. Bancroft began
his employment in Doha, Qatar
and that he accompanied
Defendants when they moved to
New York, but otherwise deny
the allegations in
Paragraph 39 of the
Complaint. 40.
Defendants deny the
allegations in Paragraph 40 of
the Complaint. 41.
Defendants admit that Mr.
Bancroft accompanied
Defendants on their European
travels in various countries
during the summer of 2016, but
upon information and
belief, otherwise deny
the allegations in Paragraph
41 of the
Complaint.
42. Defendants admit that Mr.
Bancroft accompanied
Defendants on their trip to
Qatar in the summer of 2017,
but otherwise deny the
allegations in Paragraph 42 of
the Complaint. 43.
Defendants admit that Mr.
Bancroft accompanied
Defendants on their European
travels in various countries
during the summer of 2018, but
upon information and
belief, otherwise deny
the allegations in Paragraph
43 of the
Complaint.
44. Defendants admit that Mr.
Bancroft traveled with the
family to Miami and Boston."
This is the
life of corrupt royals and
diplomats, such like those at
the UN up to and including its
Secretary General Antonio
Guterres who lives alone in a
$15 million mansion on
Manhattan's Sutton Place. This
is the world of immunity and
impunity and now, it is urged,
confidentiality. Inner City
Press, now covering the SDNY
daily, will have on on this.
And on this:
before Norman Seabrook, former
head of the NYC Corrections
Officers union, was sentenced
on February 8 by the U.S.
District Court for the
Southern District of New York
to 58 months in prison, a
victim's statement to the
court cited what it called
Seabrook's racist rant on
YouTube.
Afterward on Worth Street
Inner City Press asked
Seabrook about the YouTube
video - actually, an audio
file with an array of still
photographs. Seabrook
told Inner City Press they
doctored it to make him look
bad. His (actual) answer on
Periscope here
- and here
now audio file on YouTube,
here.
In the
SDNY courtroom it was
cognitive dissonance: Norman
Seabrook who rose from poverty
to head of a union with 10,000
members, who endorsed Michael
Bloomberg; Norman Seabrook who
asked for tens of thousands of
dollars to steer union money
into a Cayman Islands hedge
fund which failed.
Prosecutor
Martin Bell referred to a
Ferragamo bag visible in
Seabrook's house for months.
When Seabrook spoke he said it
was a gift with cigars, taking
a cigar out of his suit
jacket.
Seabrook's lawyer
Paul Shechtman
cited
Seabrook's
work on the
so-called
feces bill to
make throwing
excrement at a
corrections
officer a
felony. On the
hand Seabrook
was accused of
threatening
his board
members with
returning to
work in a
prison as
punishment,
and of going
after anyone
who dared run
against or
otherwise
oppose him.
Seabrook felt
that it was
his time to
get paid, that
he was bigger
than the cause
he began
fighting for,
Bell said.
Shechtman also
spoke after the sentencing.
Inner City Press asked him
about Judge
Alvin K.
Hellerstein's
seeming
reversal of an initial
position that it would be hard
to leave Seabrook out on bail
pending appeal. Shechtman
replied affably that he had to
win something, after the 58
month sentence. Video here.
An issue
on a appeal will be whether
Seabrook's second jury should
have heard about the $19
million loss.
Inner City
Press asked Shechtman about
the restitution, how much
would be paid by hedge funders
Murray Huberfeld, Jona
Rechnitz and perhaps (Judge
Hellerstein
indicated)
Jeremy Reichberg. Shechtman
told Inner City Press, If
Norman wins $19 million in the
lottery, we'll have about
that. For now, $2500 is due in
60 days, through the SDNY
Clerk, for the union. We'll
have more on this.
Exiting the courthouse after
Seabrook, with a bag of Utz
potato chips and a copy of the
Daily News was New York Knicks
icon Charles Oakley. He said
that there are others who need
to be locked up as well, and
that the Knicks need better
players. There was no
rebuttal. Periscope video here.
Upcoming in the
SDNY is a recently-filed
complaint by the Bangladesh
Central Bank for the $81
million hacking of its funds,
which were then wired through
the Federal Reserve Bank of
New York, a case
that Inner City Press will
cover. Times change. Watch
this site.
***
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