| For Money Laundering Zalmund Zirkind
Got 84 Months Now Benzion Wants 3 Week Delay
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Jan 21 –
Benzion Zirkind was arrested
and released on money
laundering charges on July 21
in the U.S. District Court for
the Southern District of New
York. He put up a $100,000
bond secured by a property at
1349 President Street in
Brooklyn owned by a friend of
the family, Inner City Press reported.
Also in
the family, and in the case,
is Zalmund Zirkind. He pleaded
guilty and was up for
sentencing, in-person, on
January 15. Inner City Press
live tweeted it, here
and below.
Now on
January 21, Benzion Zirkind's
lawyer has asked to delay his
sentencing from February 5 to
February 26, to allow rebuttal
to the Pre Sentencing Report
with reports "from a community
service organization, a
physician and an outreach
organization the defendant has
been working closely with...
to give the Court a more
comprehensive picture of who
this defendant is." Watch this
site.
From January 15:
the sentencing for money
laundering of Zalmund Zirkind.
He had asked to have the whole
proceeding sealed; still, many
of the sentencing submissions
are redacted.
Judge
Cote: There is agreement that
the sentencing guideline
starts at 135 months.
Probation recommends 60
months. The defendant wants
probation, citing devotion to
his family and friends. And
other efforts he had made
since his arrest... His
brother got 4 years
AUSA: He watched
his brother mount an
unsuccessful defense, but
continued to engage in the
conduct. It shows his risk
appetite. It is proof that
imprisonment is necessary.
AUSA: His
prior withdrawal last a few
months, then he got back into
entering people contracts to
move money. I think he would
do it again, absent specific
deterrence. Also, I don't know
the ins and outs of supervised
release in Canada.
Judge Cote: I
want to make sure the defense
is aware of the whisper
phones, so you can confer
while still socially
distanced. Johanna Zapp: But
for COVID, this courtroom
would be full. But we
understand.
Zapp: His
motivation for committing
these crimes, $85,000 over 2
years, was to take care of his
daughter, who is autistic. The
care is expensive. He felt he
had no other option.
Judge Cote: That's not an
acceptable reason.
Zapp: Your Honor,
I'm a tough cookie. I spoke to
him about it. The child has
regressed, the school says she
is too disruptive.
Zirkind himself:
God has blessed me and my wife
with children. By trying to
make money I thought we need,
I made things worse. I was
wrong.
Judge Cote: I'm
not able to grant the
defendant's request how to
structure a sentence. The
question is the length of the
sentence. The defendant's
family is suffering, and has
been for years. I have
defendants who come before me
from a variety of
backgrounds...
Judge Cote:
I'm going to impose on Mr.
Zirkind a sentence of 84
months in prison, then 3 years
supervised release.
Judge Cote:
I order forfeiture in the
amount of $87,000. I enter
this sentence. I know of no
grounds for appeal, given the
plea agreement. But you have
that right. Surrender date is
February 26.
Lawyer requests
Otisville. Judge Cote says, By
region. Northeast.
Lawyer asks
if Zirkind can travel to
Montreal for 2 weeks. Judge
Cote: See if you can agree
with the government. Normally
I would not allow a defendant
to leave the US.
Lawyer: We've
asked the government, without
success.
Judge Cote: I am
denying it.
Earlier in
the wider
case, SDNY Magistrate
Judge Barbara Moses held a
proceeding late on July 21,
and Inner City Press covered
it.
Benzion
Zirkind unlike most defendants
in the SDNY at that time had
retained counsel, who
announced that he had "four
questions."
Judge Moses joked that those
should be for the youngest
child.
One of the
questions was how the
defendant should avoid
speaking with co-defendants,
if some of them are sealed.
More, apparently, will be
family members.
The
President Street property is
valued at over $2 million.
The next court
date was before District Judge
Denise L. Cote. She
ordered, "ORDER as to Benzion
Zirkind: ORDERED that a
conference is scheduled for
Friday, August 14, 2020 at
10:00 am. in which Mr. Tamir,
Mr. Myers, the defendant, and
counsel for the Government all
must participate. IT IS
FURTHER ORDERED that the
Government shall provide Mr.
Tamir with a copy of this
Order. (Pretrial Conference
set for 8/14/2020 at 10:00 AM
before Judge Denise L. Cote)."
And late
on August 14, this: "ORDER as
to Benzion Zirkind. For the
reasons set forth at the
conference held by telephone
on August 14, 2020, it is
hereby ORDERED the previously
retained counsel Zaki Tamir is
relieved and the appearance of
retained counsel Matthew D.
Myers is accepted. (Signed by
Judge Denise L. Cote on
8/14/2020)."
The case is US v.
Zirkind, 19-cr-463 (Cote)
***
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