After US Attorney Drops Guilty
Verdicts on Iran Banker July 2 News Dump of
Withholdings
By Matthew
Russell Lee, Thread,
Patreon
Song
SDNY COURTHOUSE,
July 2 – Iranian banker Ali
Sadr Hashemi Nejad has been on
trial, charged with money
laundering and violating US
sanctions including through a
Venezuelan infrastructure
project.
On March
16, after an unprecedented
decision to proceed with ten
jurors in the jury room and an
eleventh at home, deliberating
by video conference or
FaceTime, he was found guilty
on most charges. Live tweeted
thread here.
Late on
Friday, June 5 this news dump:
"Re: United States v. Ali Sadr
Hashemi Nejadin, 18 Cr. 224
(AJN) Dear Judge Nathan:
The Government respectfully
submits the enclosed
application for an order of
nolle prosequi of the
Indictments filed in this case
against Ali Sadr Hashemi
Nejadin (“Sadr”) and Bahram
Karimi. Respectfully
submitted, /s/ GEOFFREY S.
BERMAN United States
Attorney"
And now on
July 2, under Acting US
Attorney Audrey Strauss, a
news dump of 19 pages, with
the names of those responsible
(here
on Patreon) including this:
"Other Classified Material.
During its post-trial review,
the trial AUSAs discovered
another item of classified
material that would be subject
to Rule 16 disclosure. This
item has not been
declassified. Given the
Government’s request for a
nolle prosequi,
declassification in connection
with this case is not likely
to occur because components of
the United States Government
involved in the handling of
the classified information
would be unlikely to authorize
use of the information in the
absence of an active criminal
prosecution with attendant
Rule 16 obligations. (The
Government has previously
advised the defense of the
foregoing.) Suppression. The
defendant’s post-trial motions
include a motion to reconsider
the Court’s partial denial of
their motion to suppress email
evidence. On February 20,
2020, the FBI sent to AUSAs
Krouse, Kim, and Lake and ADA
Lynch an email referencing a
June 7, 2016 FBI FD1057
relating to Farshid Kazerani
(who testified as a Government
witness at trial). Noting that
the report was classified, the
FBI email did not attach the
report, but described it as
“from when our Seattle office
made contact with Kazerani in
Seattle to notify him that FBI
New York was trying Case
1:18-cr-00224-AJN Document 354
Filed 07/02/20 Page 5 of 19
The Honorable Alison J. Nathan
July 2, 2020 Page 6 to get in
contact with him,” and that
“Kazerani’s statement
acknowledged the request, his
current school and work
situation and his contact
information.” Following trial,
in connection with his search
for classified information,
discussed above, AUSA Krouse
requested that report which,
together with other previously
classified information, was
produced to the defense on May
19, 2020, under Bates No.
USAO_00509-00527). This and
other reports obtained around
this time suggested that,
early on in the DANY
investigation, the FBI had had
DANY personnel search email
data in general support of at
least one witness interview,
and that the FBI was
investigating federal crimes
rather than the state-law
offenses at issue in the
warrants, contrary to
arguments we made during
suppression litigation.
Subsequently (on June 1,
2020), and consistent with the
indication in the FD-1057
Report, ADA Lynch provided a
series of email threads
relating to the manner in
which DANY conducted its
searches of email accounts
pursuant to the state
warrants, including a 2016
email in which the then-case
agent asked DANY personnel if
they could pull photographs
from the provider data
obtained pursuant to the state
warrants for use in a witness
interview. These emails were
produced to the defense on
June 5, 2020, together with a
number of other
documents." We'll have
more on this - particularly
the continuing withholding /
cover up of documents.
Back in March:
Judge Nathan: "The jury has
reached a verdict.... The
juror on video conference will
stay on until he hears from me
further." Jury entering! Judge
Nathan: "I'll ask the
foreperson. Has the jury asked
a unanimous verdict?" Yes.
Judge
Nathan: Count 1, how do you
find the defendant, with
conspiring to defraud the US?
Guilty. Count 2: Guilty.
Judge Nathan
(after sidebar) "On Count 3,
bank fraud, how do you find?
Guilty. Under 1344, prong 1,
neither (?) Count 4: bank
fraud conspiracy: Under
1344, prong 1, neither (?)
Under 1344, prong 2, guilty
Judge Nathan:
Count 5: Guilty. Count 6,
money laundering conspiracy:
Not guilty. Now polling
jurors: one? 2? [soon the
virtual juror] Let me confirm
the verdict with Juror Number
7... I have confirmed it is
his verdict. I will dismiss
the jury.
After
Judge Nathan had declined to
sent Sadr to jail pending
sentencing but instead
converted him to home
detention, Inner City Press
rushed out to do a Periscope
video live stream (here)
and try to ask Sadr a
question. His lawyers left in
a yellow cab, then he left.
Inner City Press asked, Are
you going to appeal? He
answered softly, Of course.
Then he too got in a yellow
cab.
On March
16 amid the Coronavirus
COVID-19 crisis, jury
deliberations ran into a
problem. SDNY Judge Nathan
proposed proceeding with ten
jurors in the jury room and
one connected from outside by
video.
Assistant
US Attorney Michael Krause
objected. But Judge Nathan
said there are extraordinary
circumstances and she would
proceed thusly. Inner City
Press live tweeted it all:
thread here.
More on Patreon here.
Ali Sadr is
represented by lawyer Reid
Weingarten of Steptoe &
Johnson and, on November 25 as
reported
by Inner City Press by Brian
M. Heberlig
before U.S. District Court for
the Southern District of New
York Judge Alison J. Nathan.
On Sunday,
March 8 [alongside this song]
the US Attorney Office which
closed its
case on March
9 past
9 pm submitted a letter,
below.
On March 12
in closing arguments, this
happened: As jury charge
continues: Judge Nathan has
just deployed the old saw
about circumstantial evidence,
that if people come into a
windowless courtroom with wet
umbrella, jurors are free to
conclude it is raining
outside.
But what about
Iran sanctions?
AUSA Krause: The
defendant knew what he was
doing violated US sanctions
against Iran. The defendant is
charged with six felonies.
Mohammad Sadr was the
beneficiary of the payments.
...
It's good to have
money, in essence. This is not
how lower income defendants
are often treated in the SDNY.
The case is USA v.
Nejad, 18-cr-00224
(Nathan). More on Patreon here
O
***
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