| For Money Laundering Hoyos Pelaez
Arrested in Panama Now SDNY Trial July 11
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Feb 2 –
Benzion Zirkind was arrested
and released on money
laundering charges on July 21,
2020 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 case is co-defendant Andy
Garibaldi Lopez, who was up
for sentencing on January 29,
2021 He made an argument that
his role was minor and that he
needs to support his family.
It carried weight with SDNY
Judge Denise L. Cote - she
sentenced him to five years
probation, with the admonition
that if she has erred he will
be remanded.
Also in
the Zirkind 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.
On February
2, 2022, Judge Denise L. Cote
had before her co-defendant
Liliana Hoyos Palaez, recently
arrested in Panama and then
presented before SDNY
Magistrate Judge Sarah L.
Cave.
Now she is
on the fast track: "as to
Liliana Hoyos Pelaez,
Government to complete its
discovery by February 25,
2022. Any defense motion
defendant shall be due May 6,
2022. Govt's opposition due
May 13, 2022. Trial date set
for July 11, 2022. Time
excluded from February 2, 2022
until July 11, 2022 pursuant
to 18 USC 3161 (h)(7)(A).
Detention continued."
Inner City
Press called in; the discovery
is said to involve some
100,000 pages. Watch this
site.
Back on
March 9, 2021 this: "ORDER as
to David Maleh: On March 3,
2021 defense counsel informed
the Court that the defendant
prefers that the Change of
Plea in this matter occur in
person. Accordingly, it is
hereby ORDERED that the
defendant is scheduled to
plead guilty in person in
Courtroom 18B, 500 Pearl
Street, on March 25, 2021 at
3:00 PM. IT IS FURTHER ORDERED
that in light of the ongoing
COVID-19 pandemic, all
individuals seeking entry to
500 Pearl Street must complete
a questionnaire and have their
temperature taken before being
allowed entry into the
courthouse."
On February
22, Benzion Zirkind was
sentenced to a year and a day:
"JUDGMENT IN A CRIMINAL CASE
as to Benzion Zirkind (6). THE
DEFENDANT: pleaded guilty to
count 1. IMPRISONMENT: A year
and a day. The court makes the
following recommendations to
the Bureau of Prisons: That
the defendant be designated to
a facility as close to New
York City as possible. The
defendant shall surrender for
service of sentence at the
institution designated by the
Bureau of Prisons: before 10
AM on 4/9/2021. SUPERVISED
RELEASE: 3 Years. See SPECIAL
CONDITIONS OF SUPERVISION.
ASSESSMENT: $100.00 due
immediately. The defendant
shall forfeit the defendant's
interest in the following
property to the United States:
Pursuant to the February 19,
2021 Consent Preliminary Order
of Forfeiture/Money Judgment,
the defendant shall forfeit a
sum of money in the amount of
$20,000.00 in U.S. Currency.
(Signed by Judge Denise L.
Cote on 2/22/2021)." A year
and a day, with "good time,"
mean less.
Back on
January 21, Benzion Zirkind's
lawyer 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."
On January
22, Judge Cote denied the
request: "ORDER as to Benzion
Zirkind (6):The Court having
received defense counsels
letter dated January 21, 2021
requesting an adjournment of
the February 5, 2021
sentencing date, it is
herebyORDERED that the request
to adjourn the sentencing date
is denied.IT IS FURTHER
ORDERED that defense counsel
shall respond to the following
two questions by January 28,
2021: (1) Does the defendant
consent to be sentenced
through videoconference
technology? (2)If the
defendant is unable to arrange
for a videoconference
proceeding, does the defendant
consent to be sentenced at a
telephone conference
proceeding? If the defendant
consents to either option,
please complete and submit the
written consent form attached
to this Order if it is
feasible to do so. (Signed by
Judge Denise L. Cote on
1/22/2021) (Attachment: # (1)
Appendix - Waiver of Right to
be Present at Criminal
Proceeding)."
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.
Bomba, et al., 19-cr-463
(Cote)
***
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