After US Attorney Drops Guilty
Verdicts on Iran Banker He Urges No
Immigration Repercussions
By Matthew
Russell Lee, Thread,
Patreon
Song
SDNY COURTHOUSE,
July 13 – 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 13, this from Nejad: "the
Court’s order should make
clear, as the Stevens order
did, that there is no
conviction, and that the
verdict is vacated and has no
legal effect. III. The Court
Need Not Determine Bad Faith
or Hold an Evidentiary Hearing
to Vacate the Verdict Under
Rule 33(a) and Grant Dismissal
Under Rule 48(a) Even if
Sadr’s Rule 33 motion for a
new trial was not unopposed
and now conceded, the
underlying grounds for vacatur
do not require bad faith. Good
or bad faith is irrelevant
under Brady. Kyles v. Whitley,
514 U.S. 419, 438 (1995). The
Court need not find bad faith,
or conduct any further
proceedings, before entering
the vacatur and dismissal
order. The government
has agreed that the Court will
have continuing supervisory
authority, even after
dismissal, to conduct further
proceedings to determine if
sanctions are appropriate for
any ethical violations or
prosecutorial misconduct. See
Dkt. 352, at 2. Sadr agrees.
That is the order in which
such proceedings were
conducted in the Senator
Stevens case: the district
court first set the verdict
aside and dismissed with
prejudice under Rules 33(a)
and 48(a)."
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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