In
SDNY Predatory Finance
Prosecution Degenerates Into
US Objections About Fine Print
and BBQ
By Matthew
Russell Lee, Periscope video
SDNY COURTHOUSE,
May 2 – For a federal
prosecution of a merchant
processing scam involving
Optimal Bankcard and,
according to the exhibits,
Deutsche Bank was heard on May
2 before U.S.
District Court
for the
Southern District of
New York Judge Vernon
S. Broderick.
The proprietor
of a Texas BBQ
business was
repetitively
asked about
the fine print
of his
contract; the
Assistant
U.S. Attorney
repeatedly
objected and
finally Judge
Broderick
genially
called a
cookie break
for the jury,
while mock
complaining to
them that he
had missed his
lunch. (They
laughed.)
One
wondered if
predatory
lending could
be funny, in
the SDNY, and
so boring.
Inner City
Press will try
to stay on the
case.
Back on April 9
the mother of UNICEF Kid Power
"Goodwill Ambassador" Jaden
Michael, Clara Perez, was
suing the U.S. for a 2014
fender bender on Tenth Avenue
and 36th Street with a car
driven by a Drug Enforcement
Agency special agent. But at
the bench trial on April 8
before SDNY
Judge Broderick,
it emerged
that Ms. Perez had
taken oxy
before the
accident -
daily, her
doctor's notes
seemed to say.
(Broderick
weeks later
told the Press that
his ruling in
the bench
trial was
still
outstanding;
we aim to
be notified.)
There
was also the
matter of a
UNICEF blog
showing Clara
Perez kick boxing
along
with her son,
and reference
to a trainer
named Ringo.
On April 9 the
bench
trial's day
ended with the
government's
doctor
insisting he
has no
conflict of
interest, that
he got along
so fine with
Ms. Perez doctor
that the
latter invited
him to see her
other patients
are recently as June
or July 2018. (He
said he
remember it was
summer
because his
wife was mad he came
home late).
Judge
Broderick
convened a
sidebar, with
the white
noise turned
up loud. But
to protect
whom, in this
bench trial?
By the time
that ended,
the day was
done, with the
doctor saying
he'll
rearrange his
patients in
order to
appear on
Thursday.
While
Inner City
Press was the
only media
present, both
days, other in the
case wonder
at the
incongruity of
suing for
injury to
shoulder, neck and
chest while
posing kick
boxing for
UNICEF, and
wonder what
UNICEF has to
say about all
this. Inner
City Press
will continue
to cover
it. April 8
video here.
Judge
Broderick,
readers may
remember,
presided over
the Ng Lap
Seng UN
bribery case,
for which
Dominican
diplomat
Francis
Lorenzo who
pled guilty to
bribery is
still walking
free -
complaining
about the pain
of his ankle
bracelet, and
getting it
removed...
A few days prior
on April 4 a long time petty
criminal was brought shackled
into Federal court on
Thursday, after serving three
years in state penitentiary
for stealing appliances from a
department store. This was
deemed a violation of
supervised release, and the
Assistant US Attorney argued
for no bail. But Stanley
Bamber was born in Newark and
still has family in New
Jersey. He could live with his
brother, his assigned lawyer
argued, pending arguments
before SDNY Judge
Alison Nathan,
occupied the
same day with
Elon Musk. It
was finally agreed that
if Probation
approves and radio
frequency
electronic
monitoring is in
place, the 60
year old
Bambury may
see the light
of day. Between
1976 and 2000,
the prosecutor
said, Bamber
was charged
with crimes
35 times. His
was the last case of
the day; in
the elevator
Inner City
Press asked
the AUSA
about his
record and got
a Have a good
night. Okay
then - just
another day in
the SDNY. Johnny
Morgan is suing
the United States
for a rectal search he
endured
in the
Metropolitan
Correctional
Center at 150
Park Row,
right next to
the SDNY. On
April 4 before
SDNY Magistrate Judge Debra
Freeman, the government
presented an expert Roy
Lubit who said that
Morgan is a "malingerer"
and blamed
his pain on
abuse suffered
earlier at the
hand of
his own mother. But
even
government
expert Lubit
said that the
rectal entry
should not
have happened.
It is,
in fact, an outrage.
Inner City
Press was the
only media in
the smallish courtroom,
compared to
dozens of
reporters two
hours later
for Elon Musk.
While some
might question
taxpayer money
going to pay damages for
what happened
to Mr. Morgan,
what about
public money
for an expert
witness to
insult the
torturee?
We'll have
more on this.
The
Federal Defenders scored
a big win in a
misdemeanor proceeding
that only Inner City
Press attended
and covered on April
2. They
defeated the
U.S. Attorney's
Office
which argued
that the
simple assault
they agreed to
on a dispute
on a cruise
ship required
allocution to
actual
physical
conflict.
There was case law on
the Federal
Defenders'
side, and a
plea to making
a threat on
the cruise
ship - in
"international
waters" -- was
found
sufficient.
The case was United
States v.
Batista, 18
Cr. 730 (NRB). The
Federal
Defenders
lawyer was
Sabrina P.
Shroff, whom
Inner City
Press has
previously
covered in the
UN bribery
cases of
Patrick Ho
(new Hong
Kong documentary
here),
getting
bail for Cheikh Gadio, and
of Ng Lap
Seng,
representing
hapless Jeff Yin. The
issue in
Batista was whether
simple assault
requires the
defendant to
"strike or
choke." Ms.
Shroff cited
the US v
Denis and US v
Chestaro
cases, and the
matter was
quickly
disposed by
Judge Naomi
Reice Buchwald in her
relatively
small
courtroom on
the 21st floor
of 500 Pearl
Street. The question
is why the
U.S.
Attorney's Office
in this case
had not
researched basic
case law - and
whether the
defendant
Carlos Batista, Junior,
from the Dominican
Republic, must
now be deported.
We hope to
have more on
this.
Earlier
on April 2, in 40 Foley: "I
was a street drug dealer in
from of my building in
the Bronx," a defendant
told U.S.
District Court
for the
Southern District of
New York Judge
Paul A.
Engelmayer on
April 2.
Defendant Gonzalez
was pleading
guilty to a
lesser
included
charge, with a
guideline
sentence
of between 120
and 150 months
in jail. But
he won't be
sentenced
until July 11 at 2:30
pm, after the
Probation
Department
does its
interview and
issues a Pre
Sentencing
Report that
will remain
sealed until,
somehow,
Gonzalez
appeals. We'll
have more on
this.
***
Feedback: Editorial [at]
innercitypress.com
Box
20047, Dag Hammarskjold Station NY
NY 10017
Other, earlier Inner
City Press are listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner
City Press, Inc. To request reprint or
other permission, e-contact Editorial
[at] innercitypress.com for
|