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After US Attorney Drops Guilty Verdicts on Iran Banker Judge To Review If SDNY Misconduct

By Matthew Russell Lee, Thread, Patreon Song

SDNY COURTHOUSE, July 8 – 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"

 Then on July 2, under Acting US Attorney Audrey Strauss, a news dump of 19 pages, with the names of those responsible (here on Patreon).

  Now on July 8, Judge Nathan has ordered "it may be necessary for the Court to hold an evidentiary hearing in order to independently assess whether the issues that have arisen were the product of bad faith, knowing misrepresentations, or an intentional failure to comply with discovery obligations. Such a hearing (to be conducted in-person when safely feasible) would allow the Court to assess the credibility of the assurances of unintentional error made by the line prosecutors involved in this case. In view of these issues, and in order to chart a course forward, the Court requires additional briefing from the parties. Accordingly, it hereby orders the parties to submit briefing setting forth their respective positions on the proper procedural mechanism for dismissal. This briefing must include legal authority supporting their proposed procedural sequencing and must explain what the practical difference is in their contrasting approaches. This briefing must also explicitly address whether the Court must make any determination at this juncture as to whether any of the Government lawyers acted in bad faith in order to resolve the parties’ procedural dispute, or, alternatively, whether such a determination should be made following dismissal, as part of the Court’s supervisory power in determining whether any of the lawyers involved engaged in ethical violations and/or prosecutorial misconduct. The Government has agreed that the Court’s power to resolve those questions continues after the indictment is dismissed. See Dkt. No. 352 at 2. Mr. Sadr shall submit briefing addressing these issues by July 15, 2020. The Government shall submit a response to Mr. Sadr’s briefing, setting forth its position with respect to these issues, by July 22, 2020. Mr. Sadr may file a reply by July 24, 2020."

 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

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