| Insider Trader Millul Faces Arrest At
Allenwood On ICE Detainer As Case Bounced
From SDNY
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
May 20 – The insider
trading duo of Sebastian
Pinto-Thomaz and Jeremy Millul
have both sought compassionate
release from federal lock-up
in Otisville and Allenwood,
respectively. Millul's
jeopardy continues.
On
April 8 their lawyers argued
to U.S. District Court for the
Southern District of New York
Judge Jed S. Rakoff. Inner
City Press covered both cases,
and that of cooperating
witness Abell
Oujaddou. So it covered
these hearings, see blow by
blow below.
On May 20,
Millul's lawyers from the
Rapid Defense Network argued,
and Inner City Press was
there: Insider trader Jeremy
Millul was ordered released
from Allenwood by SDNY Judge
Rakoff -- but he wasn't freed,
until it was said May 21.
On May 20,
Millul challenged his
immigration detainer before
U.S. District Court for the
South District of New York
Judge Andrew L. Carter. Inner
City Press covered
it: Millul's
lawyer says ICE intends to
arrest him "in the car park"
outside the jail on the
detainer on May 21.
Judge Carter: Why
isn't this case moot? It was
trying to nullify the effect
of the detainer. Judge Rakoff
has done that - BOP is going
to release him. Are you
asking me to defend the honor
of Judge Rakoff's order? Why
not ask him to do that? I have
no greater or lesser power
than he does.
Millul's lawyer:
We have two asks - that he is
released as Judge Rakoff
ordered, from May 21 to June
4.
Judge Carter:
You're asking that of
me? Millul's lawyer:
It's fact driven. Judge
Carter: What's the
distinction?
Next insider
trader Millul's lawyer Greg
Copeland of the Rapid Defense
Network says the petition was
amended based on new facts,
not as an alternative to
re-filing in Pennsylvania
(where Allenwood is).
Judge
Carter: I am ready to rule...
I asked the parties to brief
on venue and jurisdiction - is
it a core or non-core one. I
conclude this is non-core. But
that does not end my inquiry.
Is venue proper here? No - it
should be in Pennsylvania. Do
you want me to transfer
it?
Millul's lawyer:
I ask that it be
transferred. Government:
No objection. Judge
Carter: Anything else?
Nothing. The case is Millul v.
Barr et al., 20-cv-3466
(Carter).
On May 18,
this: "As to Jeremy Millul on
May 18, 2020 a telephonic
argument on defendant's Motion
for Compassionate Release was
held before Judge Rakoff.
Present: Jeffrey Lichtman and
Jeffrey Einhorn for the
defendant, Andrew Thomas, AUSA
and Christine Magdo, AUSA for
the government, Probation
Officer Ed Johnson. Court's
decision: Motion granted. The
defendant shall be released
forthwith to quarantine at
home, following the Probation
Department's rules for home
confinement."
On May 13 we reported that
Pinto-Thomaz has been released
from Otisville on furlough and
is back home.
Back in April
Pinto-Thomaz' lawyer described
the spread of Covid-19 in
Otisville where he was then
housed. Judge Rakoff asked,
What is the current number at
Otisville?
Pinto-Thomaz'
lawyer replied, As of
yesterday, two inmates and
three staff, but other inmates
have been isolated in last 48
hours with suspected
infections, adding that just
last night, a person across
the hall from Mr. Pinto-Thomaz
was taken to isolation
Assistant
US Attorney Christine Madgo
replied that Otisville has a
camp, where Mr. Pinto-Thomaz
is, as well as other
facilities.
Judge Rakoff
opined, This hardly sounds
like the kind of outbreak the
defense was
hypothesizing.
The
defense noted that
Pinto-Thomaz' mother lives in
New York, where Governor Cuomo
has told senior citizens like
her to stay home. She needs
her son's help. She is 75.
AUSA Magdo
said if he were released, it
would be to home detention,
not to go out and buy
groceries.
Millul's
lawyer Glenn Colton of Arent
Fox started with that there
are more risks in Allenwood.
Judge Rakoff similarly asked,
What are the numbers at
Allenwood? AUSA Madgo
read from the website: No
inmates, one staff
member.
Colton
argued, "We know that inmates
from MDC where there was an
outbreak are being transferred
to
Allenwood."
Judge Rakoff asked, But aren't
they quarantined?
AUSA
Magdo recited that on March
26, the BOP said quarantines
for 14 days or cleared by
staff.
Colton continued that Millul
is in bureaucratic a
nightmare. His unit manager
told him but for the ICE
detainer, you'd be in home
confinement. But ICE says it
won't remove the detainer
until the end of the five
months. ICE says they would
not take this non-violent
person into custody.
Judge
Rakoff remarked, So two
bureaucracies playing tag,
this is familiar to any public
employee like myself. But
without Coronavirus, he'd
finish his sentence,
right?
Colton replied, We might
challenge ICE's policy. But
this is compelling. It seems
crazy to keep him in
custody. Judge
Rakoff asked, When will his
sentence expire?
Colton said, June 4. He was
told he could have an ICE bond
hearing. "It's
non-sensical."
Judge Rakoff deadpanned, I'm
glad you've found a new
synonym for crazy... In both
these cases, the Court imposes
what it considered extremely
lenient sentences. Yes,
lock-downs happen. A gun was
smuggled into the MCC and
people awaiting trial were
locked down. AUSA
Madgo spoke more briefly: The
Court already took into
account the ICE detainer
problem and the camp problem.
Judge
Rakoff concluded, I would like
the government to file info
about Mr. Millul's asthma.
Then I'll decide these
motions. The cases are US v.
Pinto-Thomaz, 18-cr-579
(Rakoff).
***
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