In
SDNY Sony Spins Smart Phones
Natural Evolution to Judge
Rakoff But EVS Fights Back
By Matthew
Russell Lee
SDNY COURTHOUSE,
March 20 –
In a
lawsuit
brought by Sony the
correct
meaning of
natural evolution, Darwinistic
or as term of
art,
was debated
for an hour on
March 20 before
U.S.
District Court
for the
Southern District of
New York Judge
Jed S. Rakoff.
Sony's lawyer
began by
pointing out
the executives who
traveled from
Tokyo
and London for
this argument,
at which there
was only one
media present:
Inner City
Press. Judge
Rakoff began by
criticizing
the pro hace
vice lawyers
for defendant EVS
Codec
Technologies,
LLC for
ignoring the
local rules
and not saying
undisputed
or disputed
with
citatation for
each paragraph
in Sony's
motion to
dismiss. But
Sony didn't
provide
citations
either and on
balance EVS
Codec gave as
good as
it got. Did
the covenant not
to sue which
only covered
upgrades,
enhancements
and natural
evolutions
carry over to
new codec
(audio to 0/1
digital) technology?
It was EVS
which better
explained the
differences
between AMR to
EVS, as Judge
Rakoff
returned
several times
to an analogy
between
the evolution,
natural or
otherwise,
from the Model
T to the
Cadillac. Judge
Rakoff said he
will issue a
"who will win"
ruling in a
week, with
something
longer to
follow, in
this case
1:18-cv-09518-JSR,
Sony Mobile
Communications
Inc. v. EVS
Codec
Technologies,
LLC. It's
a big money
case, but
there was no
other media
covering it.
It is hard to
know, in the
SDNY
courthouse,
what is going
on; it is
harder still
to cover it
with laptop
and, yes,
smart phone
taken at the
metal detectors.
Is the
entire
courthouse, at
least
publicly, only
about Trump?
The beat goes
on, between
Bronx murders
and attempts
to seize
the Colombian
FARC
rebels' condos and
bank
accounts with
BB&T.
Across Pearl
Street earlier
on March 20, plaintiffs
pursuing
assets of the
Revolutionary
Armed Forces
of Colombia
or FARC before
SDNY Judge Andrew
L. Carter named
the banks involved,
including not
only Citigroup, Safra
and UBS but
also BB&T,
which is
applying to the
US Federal
Reserve to buy
Suntrust. The
plaintiffs' lawyers
described the
bank accounts,
condominia in
the Four Seasons
and luxury
ships of 100
and 200 feet.
Some are being
pursued in
Florida
but also in
New York. Judge
Carter wanted
to know the
difference
between the
two actions.
Raymond James,
the financial
institution,
appeared to be
the only
answer. But on
the kingpins
and other banks,
we'll have
more. Back on
March 6 in the
SDNY a
union official
who pled
guilty to
insider
trading last
August was
sentenced by Judge Alison
Nathan to
three month of
imprisonment,
apparently to
be served in a
half-way
house in the
Philadelphia
area. While
Judge Nathan
said she'd
read somewhen
that Jhonatan
Zoquier might
go back to
work for the union in
an
administrative
position. But
he says he's working
construction
for his uncle.
He traded
on inside
information
for a year, 17
times, with 9
trades profitable.
He information
was provided
by Daniel
Rivas, then of
Bank of
America. The
government's
sentencing
submission
said "they
had known each
other since
childhood and
lived together
in New York as
young adults.
Rivas has
repeatedly
referred to
Zoquier as his
best friend.
Zoquier refers
to Rivas in
his submission
as “like a
brother to
him.” (Def.
Let. at 12.)
In March 2016,
Zoquier began
trading on
Inside
Information
offered to him
by Rivas,
after Zoquier
expressed the
desire for
additional
money,
including for
his upcoming
wedding.
Zoquier
ultimately
traded in at
least
seventeen
stocks based
on information
from Rivas,
profitably so
in nine
stocks.
Zoquier earned
profits of
more than
$30,000 from
his trading,
between March
2016 and April
2017." Zoquier's
lawyer
told Judge
Nathan, no
one is
watching this
case to be deterred.
But Inner City
Press was
there
watching. And
afterward it
was wondered
if the 90 days
will take
longer, if
they will be
served only on
the weekends.
Earlier
on March 6 a
man who was in
the passenger's seat
of a jeep in
The Bronx with
kilos of heroin
and 14 kilos
of cocaine was
sentenced to
51 months imprisonment
on by SDNY
Judge P. Kevin
Castel. His
name was Edmundo
Aispuro and as
Judge Castel
told it, he
was not the
mastermind. He apologized
to his son Max, aged
six,
who was in the
courtroom; his
lawyer asked
that he serve
his time in
Oregon near
his family.
Castel
wondered
pointedly what
Aispuro
has thought
about the
families who'd be
destroyed by
all these
drugs, moved around
in a suitcase
on wheels. He
advised Aispuro
to, as Rilke
puts it,
change his
life. Back
on February
15 when
Gustavo
Salvador pled
guilty to
selling oxycodon
in The Bronx
before SDNY
Judge Paul A.
Engelmayer, his two
lawyers tried to
argue for a
suspended
remand based
on the cold in
the MDC
Brooklyn.
Judge Engelmayer
turned them
down saying he
had personal
knowledge that
the heat was
back on; not
surprising.
Surprising,
though, was that
a Bronx oxy
dealer was
represented by
the white shoe
Goodwin
Proctor
lawfirm. Was
it pro
bono? Their
representation
goes back at
least until
Thanksgiving,
before the MDC
Brooklyn
conditions
became public.
In the
audience, a
young child
then a baby
cried. The
volume of oxy
pills was in
the thousands,
according to
the
indictment.
The sentencing
guidelines run from
57 to 71 months.
Judge Engelmayer
said he
said something
else on his schedule
coming up, should
the sentencing
be
rescheduled?
It went
forward.
Goodwin
Proctor.
Later on
February 15: on
East 104th
Street in
Manhattan last
April 24,
multiple gunshots
to the chest
killed
17-year old
Samuel Ozuna.
A week later,
24-year old Gary
Turner was
arrested and
charged. When
Turner
on February
15 changed
his plea to
guilty in the
U.S. District
Court for the
Southern District of
New York, Azuna's
family members
sat on one
side of the courtroom.
On the other,
separted
by security
officers, were
supporters of
Turner. In the
back, the only
media in the room,
was Inner City
Press.
SDNY
Judge Jesse
M. Furman
asked Turner
the extent of
his schooling
- 9th
grade - and
then to explain
in his own
words what he
had done.
Turner read a
statement full
of legal terms
of art ("I
shot him,
resulting in
his death")
and a woman
on Ozuna
started to
cry. Judge
Furman told Turner
to speak
directly in
the the
microphone,
and slower.
Turner said he
did the
shooting to
protect drug
territory.
The crying
on Ozuna's
side got
louder.
Judge Furman
explained that
the plea agreement
meant that Turner
was waiving
his right to
appeal any sentence
less than 405
months, that
is, 33 years.
(Turner
had faced the
death
penalty). There was
some
discussion of
whether
Turner's
allocution was
sufficient,
since he
refused to say
he had committed the
murder to
improve or
maintain his
position in an
organization. These
crews are
looser, his
lawyer said. Judge
Furman agreed,
and the
proceeding was
adjourned.
The marshals asked
those on
Turner's side
of the courtroom to
leave first.
As they did,
and Turner was
led out in
shackles, from
Ozuna's side a
women screamed, "You
piece of
sh*t!" This
did not make
it into the
U.S.
Attorney's
Office press
release. There was more
crying, and on
the way down
some said the
gun could have
been pointed
the other way.
But this is what
happened.
As if
in on a
different planet but
in the same
city and
courthouse, art
gallery owner
Mary Boone
after pleading
guilty to tax
fraud was
sentenced on
February 14 to
30 months in
prison to be
followed by a
year of
supervised
release with
180 hours of
community
service.
Judge Alvin
K. Hellerstein of the
U.S. District Court for
the Southern District of
New York said that tax
fraud is a crime that
can and must be
deterred. His sentence
provided for 90 hours of
community service with
the non-profit Free Arts
NYC or one like it, and
90 hours of service to
New York City Board of
Education beginning, he
said, in June 2021.
Unlike two
recent Judge Hellerstein
sentencees, Norman
Seabrook and Murray
Huberfeld, Boone
through her lawyer
Robert S. Fink did not
announce an appeal and
ask for bail pending
appeal. On Worth Street
outside the SDNY
courthouse, Inner City
Press asked Boone what
she thought of the
community service
requirement. She did not
answer, swarmed by
photographers as she
awaited the white luxury
car she drove off
in. Periscope
video here.
Her
tax fraud involved
mis-characterizing as
deductible business
expenses such things as
Louis Vuitton and Hermes
charges of nearly
$20,000, beauty salon
bills of $24,380, and
$15,000 in jewelry. Fink
said this came from
mental problems, feeling
like the world was
ending. He emphasized
that Boone has been
dropped by Chase Bank
and the Century Club and
even by her therapist,
who felt that reporting
on her from the
pre-sentencing report
made other clients doubt
she could keep their
confidences.
Judge Hellerstein told
Fink he personally
fought to keep such PSRs
confidential but that
other judges who
prioritized transparency
won out. He emerged
after hearing Boone's
written statement which
pleaded to be kept out
to jail to continue her
work with his sentence,
including the community
service. Fink requested
the Women's Camp in
Danbury, Connecticut.
Boone is to turn herself
in, on May 15 before 2
pm. Whether as some
surmise there will be a
whistleblower payment is
not known...
***
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