In
SDNY Edwards SAR Leak Case
Adjourned But Judge Woods
Hears Charge of NYPD Perjury
By Matthew
Russell Lee
SDNY COURTHOUSE,
April 2 –
The U.S.
Treasury employee accused in
October of leaking Suspicious
Activity Reports about Paul
Manafort and others, Natalie
Edwards, pled not guilty back
on January 30 before U.S.
District Court for the
Southern District of New York
Judge Gregory Woods. Her
next appearance was set for
April 4 at 2 pm, but when
Inner City Press came in
again through the metal
detectors to cover it, other
cases were on in Judge
Woods' 12th floor courtroom.
His deputy informed
Inner City Press that
Edwards was adjourned to May
2 at 10 am.
One
of the other cases in front
of Judge Woods, a defense
lawyer argued that his
client Freddy would never
have voluntarily told the
detectives that he is a
"great dice roller;" he is
making a suppression motion.
But it will be delayed, by
vacation and the prosecutor
being on trial. Judge Woods
urges both sides to file
more quickly, and pointed
asked if a police witness
had, in fact, perjured
himself. That trial is set
for July 22 - the case did
not seem to be listed on the
board in the lobby of 500 Pearl
Street, and still without
electronics it was not easy
to inquire, yet.
Back on
January 20 on Worth Street,
Inner City Press asked her
lawer Jacob Kaplan of Brafman
& Associates about a
statement made during the
proceeding, that another
person's device was also
search. Kaplan acknowledged
that had been said, adding
that he didn't know who it
was. Video here,
Vine here.
Jump cut to 2 April
2019: "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 - there
were no family
members in the
courtroom,
no media other
than Inner
City Press.
Less
than hour earlier when
Eldar Rakhamimov appeared
for sentencing for inflating
the number of Pepsi and Canada Dry
bottles
returned through his business in the
SDNY
courtroom of
Judge
Ronnie Abrams,
he had many of
his
employees and
family members
with him.
His lawyer
Tony Mirvis
pointed them
out, arguing
that if not
sentenced to
jail he could
pay
back the
$700,000 restitution
faster. But half of
the debt is to
the State of
New York;
recently Judge
Abrams
rejected just
such has
argument from
a medical
software
company executive
on tax fraud.
Here, Judge
Abrams went
below the 37
to 46 month guideline
sentence, to
15 months with
two
years of
supervised
released - the
books of his
recycling company
will be open -
and a
$15,000 fine. Two of
his employees
were asked to
take off their
caps by the
Court Security
Officers. The
prosecutor
said, It would
not be a bad
thing if his
company just
fell apart.
The case is US
v. Eldar
Rakhamimov,
18 – CR – 72
(RA).
The day before in a
class action lawsuit against
BHH's rodent
repellers creeps toward
trial or settlement, SDNY Judge
William Pauley
heard
arguments and
ruled on no
fewer than
14 motions in
limine. There
were nine from
the class
action plaintiffs,
mostly successful, and
five from the
defendant,
most unsuccessful.
During
the three
hours of
argument,
Judge Pauley said
today is not
the day to
admit
anonymous
customer reviews
from
Amazon.com
from the likes
of "TaterSpud59"
(whom he
referred to as
Tater Tot),
and said that
FTC press
releases dubious
about
repellers will or
would be
admissible at
trial, with a
possible
limiting
instruction.
There
was discussion
of experts
including a
Michigan State
University
protocol which
Judge Pauley
shot down, adding
that after MSU's
victory over
Duke, he is
not disposed
toward
them. Judge
Pauley took
more time listening
to arguments
than many
other judges
would, and
said he said
spent the
rainy Sunday -
on which Duke
was eliminated
from NCAA March
Madness -
to read all of
the papers.
The sense,
after the
mouse motion marathon,
was that the
plaintiffs are
in the driver's
seat, and that
the case may
settle. There
is a mediation
scheduled for
April 9 before
Hon. John S.
Martin (Ret). But
Inner
City Press
will be cover
it and what
happens in the
SDNY
either way. The case is
Hart, et
al. v. BHH,
LLC d/b/a Bell
+ Howell, et
al., 15-cv-04804;
class counsel
is Yitzchak
Kopel
and BHH is now
represented by
Quinn
Emanuel
We
were
also at Judge
Pauley's courtroom
on the news
there would be
a
proceeding in
US v Genovese,
a hedge fund
fraud
prosecution.
But it was not
there - once
we left the
courtroom
and retrieved
electronics,
we were
able to ask
and learned
Genovese
was adjourned
to April 10. We'll
have more on
this. Back on
March 28
an
insider
trading action
by the SEC was
under heavy
fire in SDNY
courtroom of
Judge Richard
M. Berman.
The SEC had in
2017 grand
alleged that
"Ariel Darvasi
and Amir
Waldman were
in possession
of material
nonpublic
information
about the
impending
acquisition
when they
purchased
Mobileye
securities"
just prior to
its
acquisition by
Intel.
But on March 28 the defendants'
lawyers,
moving for
summary
judgment,
mocked the
arguments. They
said Waldman
was "not a
direct insider;"
they said
suspicious
trades are
not enough,
mere contact
with an
insider is not
enough. The
SEC lawyer responded
with tales of
MobileEye's
founders
private jet
flight to New
York to nail
down the Intel
deal. Much of
the argument
came down to
whether a
response by
Waldman during
deposition,
that he had
been aware of
the trip -
"yes" - before
the words, for
the merger,
were said,
should go to a
jury.
The defendants
insisted on their video.
There was no
other media in the
court room
but Inner City
Press, still
without
its
electronics. So
what of
general deterrence?
***
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