| After Slip and Fall Fraud
Trial US Asked For Extra Month on Duncan But
$644056 Imposed
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
July 27 – Bryan Duncan was
convicted in a slip and fall
insurance fraud conspiracy and
has been awaiting sentencing,
with restitution to be
determined.
On May 29 he
called the Chambers voicemail
of U.S. District Court for the
Southern District of New York
Judge Sidney H.
Stein. Judge
Stein ordered Duncan "to have
no further direct contact with
chambers," and scheduled a
July 10 proceeding. Inner City
Press, which covered the
trial, covered this as
well.
Duncan's
new lawyer Patrick Megaro,
based in Florida and having
now having tested positive for
Coronavirus, on July 17
continued to argue for a
reduction in restitution and
to file exhibits under seal,
which he has.
He said he
would appear by phone at
Duncan's sentencing on July
27.
But on July
26, the day before already
delayed sentencing, the US
Attorney's Office asked for
another month: "Re: United
States v. Bryan Duncan, S2 18
Cr. 289 (SHS) Dear Judge
Stein: With the consent of
counsel for the
above-referenced defendant,
the Government respectfully
requests a one-month
adjournment of the sentencing
proceeding scheduled for
tomorrow, July 27, 2020, at
11:00 am... Since July 17, the
Government has been
investigating the defendant’s
arguments and, earlier this
afternoon, learned information
from a cooperating witness
that may alter the
Government’s position on
forfeiture. Accordingly, and
regrettably at this late hour,
the Government respectfully
requests a one-month
adjournment of tomorrow
morning’s sentencing
proceeding. The adjournment
will allow the Government to
further investigate
newly-obtained information
about the percentage of
fraudulent proceeds that are
attributable to trip-and-fall
cases verses non-trip-and-fall
cases. Based on the
defendant’s July 17
submission, the Government
also intends to revise its
request for restitution, but
no further investigation is
required on that score. The
proposed adjournment will also
allow defense counsel, who
recently tested positive for
COVID-19, to appear at the
sentencing proceeding in
person."
Inner City Press
asked, Will Judge Stein grant
this? The answer was, No.
Judge Stein went forward,
imposing the 72 months he had
previewed, and adopting the
dubious $644,056 figure. Is it
supported by the trial
record? Inner City Press
will continue to report on
this case.
The case is US v.
Duncan, 18-cr-289 (Stein)
***
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