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
O
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
Box 20047, Dag Hammarskjold
Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
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
|