In SDNY Magistrate Court Sarah Cave
Set To Step In For Pitman Amid Pointers From
The Press
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
June 28 – Magistrate
Judges are the
frontline of
the Federal judicial
system,
dealing with
initial
criminal presentations,
discovery
disputes and
settlement
conferences.
In the U.S.
District Court
for the
Southern
District of
New York,
where Inner
City Press
daily covers
the Mag
Court, a Mag
Judge's Deputy
recently told
it that the
one week out
of eleven when
they take over
presentations
is the most
work and fun
they have, see
below.
Now the SDNY has
a new
Magistrate
Judge, taking
over for the retiring Judge
Henry Pitman.
We wish her
well and await
seeing her
running the delicate
and brutal
ballet that
is Mag
Courtroom 5A. A
few pointers:
the best practice
is to have the
Deputy
read out the
case number
when calling
cases. These
should be
provided to
the District
Executive's
Office and
then to the
press.
Another
best practice: to
post the day's
proceedings
outside the
courtroom,
like
Magistrate
Judge Barbara
Moses
does, and
District Judge
Andrew Carter
across Pearl
Street in 40
Foley. There
should be no
secret or sealed
sentencings, and
those that complain or
pursue should
not be treated
differently. Longer
term, the strange practice
of not
making warrants public
should cease.
Here's
District
Executive
Edward
Friedland's Office's
press release:
"The Board of
Judges of the
United States
District Court
for the
Southern
District of
New York
(SDNY) has
selected Sarah
Cave to serve
as Magistrate
Judge for a
term of eight
years.
Magistrate
Judges assist
District Court
Judges with
the work of
the Court by
facilitating
the
disposition of
certain civil
and criminal
cases. She
will assume
the seat
presently
occupied by
Magistrate
Judge Henry B.
Pitman, who is
retiring after
23 years of
service.
Ms. Cave, a
graduate of
Colgate
University and
the University
of Michigan
Law School, is
a partner at
Hughes Hubbard
& Reed,
where she has
developed
experience in
a wide range
of practice
areas,
including
contracts,
antitrust,
securities
class actions,
accountants'
liability, and
commercial
litigation.
She has worked
extensively on
several of the
largest
litigations
arising out of
the financial
crisis,
handling major
proceedings in
the
bankruptcies
of Lehman
Brothers, MF
Global, and
Bernard L.
Madoff
Securities,
among others.
She is
currently
representing
the Kingdom of
Denmark in a
billion-dollar
tax fraud
case.
Ms. Cave's
experience
extends
broadly beyond
commercial
litigation.
She has
participated
in and tried
cases on
behalf of
corporation
counsel, and
she has
represented a
prisoner in a
successful
habeas action
that resulted
in his being
freed after 24
years in
prison. She
has completed
the New York
State Unified
Court System's
30-hour
mediation
program, and
she has been
active in
various bar
associations
and legal
organizations,
including the
New York City
Bar
Association,
the New York
State Bar
Association,
and the
Federal Bar
Council. She
sits on the
Board of
Directors of
the Legal Aid
Society of New
York and
Co-Chairs the
Board's
Diversity and
Inclusion
Committee. In
addition, she
is the Vice
President of
the Board of
the Federal
Bar
Foundation.
Ms. Cave
co-chairs
Hughes Hubbard
& Reed's
Personnel and
Pro Bono
Committees.
Her efforts
have earned
her
recognition
from the legal
community. In
2012, she was
named a New
York Law
Journal
"Lawyer Who
Leads by
Example," and
in 2015, she
received the
Legal Aid
Society's
Public
Interest Law
Leadership
Award. Ms.
Cave is also a
ten-time
recipient of
the Legal Aid
Society's Pro
Bono Publico
Award.
"Once again,
our Merit
Selection
Panel sent
five
exceptional
candidates --
any one of
whom would
have made a
wonderful
Magistrate
Judge -- for
the court's
consideration,"
said Chief
Judge Colleen
McMahon.
"Sarah Cave
has a breadth
of experience
that equips
her well for
service on the
Southern
District of
New York: she
has handled
both private
and public
sector
litigation,
trained as a
mediator and
amassed a
record of
leadership in
the organized
Bar. We
welcome her as
our newest
colleague."
Ms. Cave
served as a
law clerk to
the Honorable
Joan A.
Lenard, United
States
District Judge
for the
Southern
District of
Florida, and
as a staff law
clerk to the
United States
Court of
Appeals for
the 7th
Circuit. She
will sit in
the Daniel
Patrick
Moynihan
Courthouse at
500 Pearl
Street."
While
many even most
cases in the
Magistrates
Court of the U.S.
District Court
for the
Southern
District of
New York are
sealed, on
June 27
before
Magistrate
Judge Gabriel
W. Gorenstein
a defendant was
brought in
shackled but in
a polo
shirt
and khakis,
promoted by
the
prosecutors,
and ultimately
released.
His name is
Paul A.
Rinfret and he
has been
living in a
foreclosed on
house on Long Island
for some time.
The US
Attorney's
Office call
him a former
Wall Street
trader, but at this
point his
children might
not sign on to
his bail and
he has a
Federal
Defenders
lawyer. With
Inner City
Press the only
media in the
Magistrates
Court, the
government
wanted
$500,000 in
equity signed
on to for the
bond. But
after some
phone calls
that wasn't
possible.
Judge
Gorenstein
upped the bond
to $1 million,
secured by
whatever
equity his
mother in
law's house
has, and three
signers. Will
these include
his children?
The charging
document says
Rinfret gave
them money,
but at the
bond hearing
the government
said he stole
their money
too. They said
he confessed
to running a
Ponzi scheme.
He was
released,
while a
homeless man
with a gun
maybe or maybe
not in his bag
in Battery
Park was
detained. And
so it goes in
the SDNY Murky
Mag Court.
Cynthia
Jordan, now
61, was
arrested in
March for
stealing from
the Wall
Street firm in
which she
worked in the
accounting
department, to
the tune of
$688,142. Only
$73,000 of
this was by
wire
transfers, it
emerged in the
Mag Court with
Inner City
Press the only
media present.
There were
also 59 false
overtime
payments, 111
paychecks and
other hard
copy checks.
But it's all
under wire
fraud. The
maximum
sentence in 20
years in
prison but
there is a
plea
agreement,
with the
sentencing set
for October 3.
Inner City
Press will
continuing to
follow this
and other Mag
Court cases.
u
On June
25 Magistrate
Judge
Lehrburger
ordered
detained a
defendant named
Martinez charged
with 33
kilograms of
cocaine, a
first name -
Eliot - and
a case number
were provided:
19-mj-5950.
But by 5 pm,
even after Judge
Lehrburger
had detained
Mr. Martinez
and set a July
8 hearing,
PACER said
"Cannot find
case
19-mj-5950."
So Inner City
Press reports:
Judge
Lehrburger
said he did
not find a
risk of
flight, but
given the
heavy weight
of coke, and
that Martinez
violated the
terms of his
probation in
New Jersey, he
would be
detained. This
came four
hours after an
appearance
before Judge
Castel of a
defendant
accused of offenses
against
children, a
defendant who
unlike
Martinez was
allowed free
on bond, to
his mother's
house in
Freehold, New
Jersey...
O
***
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