Ari Teman
Said His Lawyer Spied For SDNY As Is
Married To Prosecutor Now Transcript
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 4 – Ari Teman, raising
prosecutorial misconduct up to
the day of his scheduled
sentencing on December 1,
learned on that day that his
defense lawyer is married to a
prosecutor.
U.S.
District Court for the
Southern District of New York
Judge Paul A. Engelmayer held
the proceeding. Inner City
Press covered and tweeted it.
From
the first moment, Judge
Engelmayer said he would not
be imposing sentence in the
proceeding. He expressed
amazement that the conflict
wasn't disclosed to him,
particularly by the
prosecutors usually so fast to
request so-calls Curcio
hearings. He discovered it as
he prepared remarks about
having known the lawyer.
But a
simple Internet search finds
that defense lawyer Noam
Korati Biale of Sher Tremonte
LLP is married to Margaret
Graham, who appears working an
SDNY prosecutor in press
releases.
Teman
added that Biale and Sher
Tremonte were specifically
retained to work on Brady
disclosure issues, citing US
v. Nejad, US v. Ahuja and
other cases covered by Inner
City Press.
He also noted
that since people are working
at home, it is more possible
for spouses to overhear each
other's work.
So sentencing was
adjourned, as were the Bank of
America issues Inner City
Press covered earlier in the
day, here.
Now on December
4, on a delay and seemingly
with redactions, the
transcript went into the
docket, at least on the Press
Room terminal. From it:
MR. BIALE:
Perhaps what makes sense is
for -- I think where your
Honor is headed, that we
should break and have a
discussion with Mr. Teman
about this.
THE COURT: Well,
we're going to do a little
more than that.... I have
seen, in fact, at least one
instance in which a defendant,
following careful Curcio
proceedings, resulting in the
questioning under oath of the
defendant by the Court,
knowingly waived the conflict
presented by one of his
lawyers being married to an
AUSA in the office that is
prosecuting him.
Which case
was that? In any event, it
didn't happen here - Teman
fired Biale (though as of
December 4 at 9 pm Biale is
still listed in the docket).
We'll have more on this.
The case is US v.
Teman, 19-cr-696 (Engelmayer)
***
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