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In SDNY Card Processing Fraudster Hart Gets A Year And A Day From Judge Broderick

By Matthew Russell Lee, Periscope video, CJR

SDNY Courthouse, July 17 -- Card processing fraudster Richard D. Hart was sentenced not to 60 months but rather a year and a day on July 17 in the U.S. District Court for the Southern District of New York courtroom of Judge Vernon S. Broderick. The extra day, Judge Broderick said, was so that Rich Hart will be eligible for "good time." His family members in the gallery, where Inner City Press was the only media, let out sobs. Perhaps they expected no jail time, like so far UN briber Francis Lorenzo. We'll have more on this, and on the wider Mendlowitz case of which Hart is a part.

Back on June 13 multiple defendants in a "credit card cracking scheme" prosecution appeared all together on June 13 in the jury box of the U.S. District Court for the Southern District of New York courtroom of Judge Vernon S. Broderick.

  Assistant U.S. Attorney Jarrod L. Shaeffer described the process by which the NYPD is trying itself to "crack" the three cell phones it has seized in the case. He said it might take two more weeks, or two more months, or longer.

Judge Broderick who as some afterward noted has allowed a pharmacist to put off his sentencing for a year now said that waiting for this phone cracking was too much, and asked the assembled defense lawyers to agree among themselves to a trial date of either January 6 or January 13, 2020.  The case is US v. Pickney, at al. 19-cr-12 (VSB).

 One of the defendants is on for a Violation of Supervised Release hearing on June 24; another's lawyer Winston Lee sought his own hearing, after the hearing, to argue to have his GPS ankle bracelet removed.

  The trial date kept getting pushed back as various of the CJA lawyers said they were involved in a sex trafficking trial in front of SDNY Judge Paul Engelmayer, on which we'll have more, and another trial slated before Judge Ronnie Abrams.

  Afterward in the elevators one of the defense lawyers said, You must be the Press. Yes, you have a lot of defendants there. He replied, I represent only one. We hope to have more on this case. Watch this site, @InnerCityPress and the new @SDNYLIVE.

  In other Judge Broderick news, three years after Dominican UN diplomat and UNCA donor Francis Lorenzo pled guilty to UN bribery, on 7 March 2019 Inner City Press which has been thrown out of the UN for asking SG Antonio Guterres about (his) corruption spotted Lorenzo directly in front of the UN on 46th Street. Politely it asked him, When will you be sentenced? Rather than answer, Lorenzo twice repeated, I'm just waiting for someone, then sped away, south to 45th Street, west toward Second Avenue and into a taxi. Periscope video here.

 Now the U.S. Attorney's Office has once again pushed back Lorenzo's sentencing, from June 14 into September. A cynic might say it is hoped the public will forget, as for example a pharmacist who pled guilty to stealing $7 million seems to be hoping, pushing his sentencing back (though still less than Lorenzo). The U.S. Attorney on May 21 asked to push back the sentencing of Heidi Hong Piao for six months. We'll have more on this - and on this: "       ORDER GRANTING NON-PARTIES FAIRFAX MEDIA LTD. AND AUSTRALIAN BROADCASTING CORPORATION'S MOTION TO RECEIVE CERTAIN GRAND JURY MATERIALS: as to John W. Ashe, Francis Lorenzo, Ng Lap Seng, Jeff C. Yin, Shiwei Yan, Heidi Hong Piao. WHEREAS on March 1, 2019, non-party news organizations Fairfax Media Limited and the Australian Broadcasting Corporation (together, the "News Organizations") filed a letter motion (Doc. No. 898) requesting an order pursuant to Federal Rule of Criminal Procedure 6(e)(3)(E)(i) authorizing the Government to provide them with certain grand jury materials evidencing a $200,000 wire transfer payment allegedly made by Dr. Chau Chak Wing or his company to the late former President of the General Assembly of the United Nations John W. Ashe, as set forth in Paragraph 49 (including subpart (f)) of the Complaint in this action (Doc. No. 1); WHEREAS, on March 4, 2019, the Court entered an order requiring any objections to the News Organizations' request to be submitted to the Court no later than March 25, 2019 (Doc. No. 899); WHEREAS, on March 22, 2019, the Government responded to the News Organizations' letter motion indicating that it does not object to a finding that the News Organizations have met their burden under Rule 6(e)(3)(E)(i) with respect to the requested records (Doc. No. 900); WHEREAS no other responses or objections to disclosure of the requested materials were lodged with the Court; and WHEREAS, on March 29, 2019, the Court entered an Order (Doc. No. 901) finding that the News Organizations have met their burden under Rule 6(e)(3)(E)(i) with respect to the requested records, and requiring the Government and the News Organizations to confer regarding a proposed order governing the disclosure of the requested records, and to jointly submit a proposed order regarding the same by April 8, 2019; IT IS HEREBY ORDERED that, without objection by the Government, and after considering the facts and circumstances of this matter, the Government shall, by no later than April 22, 2019, provide to the News Organizations the following documents to the extent obtained by the United States Attorney's Office for the Southern District of New York via grand jury subpoena in the investigation of this matter: 1. Copies of bank statements and wire transfer records from financial institutions evidencing the $200,000 wire payment allegedly made by Dr. Chau Chak Wing or his company to John W. Ashe as set forth in Paragraph 49 of the Complaint, which statements and records may be redacted to the extent they contain information not pertinent to this payment; and 2. Copies of written statement(s) the Government received from any financial institution that produced such records attesting to the authenticity of those records as documents kept or maintained by the financial institution in the ordinary course of its business, which statements may be redacted to the extent they contain information not pertinent to this payment. SO ORDERED: (Signed by Judge Vernon S. Broderick on 4/9/2019)."

  As to Lorenzo and his running away in March, the irony is, he has argued to SDNY Judge Broderick that his leg is in so much pain he had to have his ankle GPS bracelet, like the one imposed for principled protest rather than corruption on Patricia Okoumou, removed. But on March 7 Lorenza was speeding along, unlike the wheels of justice for him. Inner City Press has multiply been informed that this felon is still working with the Dominican Mission and entering the UN. On March 8, Inner City Press in writing asked UNSG Antonio Guterres, his Deputy SG Amina J. Mohammed who has been spotted with Lorenzo, Alison Smale and Spokesman Stephane Dujarric: "March 8-2: On UN corruption and bribery, yesterday evening Inner City Press saw in front of the UN and questioned Francis Lorenzo, who pleaded guilty to UN bribery. Please immediately state the last time convicted UN bribery felon Francis Lorenzo entered the UN (same for former El Salvador Ambassador Carlos Garcia, who it was shown facilitied Lorenzo's illegal acts, and for Patrick Ho), and state whether Lorenzo is affiliated in any way to the Dominican Republic mission to the UN." More than a day later, no answer at all, despite promises of answers by Smale and Dujarric. To this low has the UN fallen under Guterres. Macau billionaire Ng Lap Seng, convicted a year ago of bribing the UN, spent even more money on lawyers back on July 16, and on multiple doctors in the week before, to successfully win another day of freedom from US Judge Vernon S. Broderick. Post-hearing first video report here, from Inner City Press then and still now banned from the UN as it alone in the UN press corps pursues the Ng Lap Seng and now Patrick Ho / CEFC UN bribery cases. On Ng Lap Seng, who did belatedly turn himself in to begin serving his sentence, there is a development: he has unsurprisingly asked the Second Circuit Court of Appeals, which recently turned down Patrick Ho's bid to get out on bail, to void his conviction. The argument, which today's UN of Secretary General Antonio Guterres has shown it is in support of, is that U.S. law, the FCPF, was "misapplied"  to cover an intergovernmental organization like the UN. Guterres clearly believes that such US laws as those against police brutality, or protecting freedom of the press, don't apply in the UN: witness his Security roughing up Inner City Press on June 22 and more violently on July 3 (video here), and his and ex-NYT Alison Smale's ban on Inner City Press for 44 days since, for a review in which Inner City Press has no right to be heard. Will "the UN is lawless" argument work for Ng Lap Seng? Guterres, who has yet to even order a UN audit of who else Patrick Ho bribed in the UN beyond the President of the General Assembly Sam Kutesa, certainly hopes so. Watch this site. Back on July 16 in a four hour proceeding witnessed to the end by Inner City Press and only one other media, Ng's lawyer Mr Tai H. Park and his Doctor Stephen Pan who is the son in law of one of his other lawyers Hugh Mo managed to parade a series of MRIs and other tests taken over the past weekend as evidence that Ng is anxious and needs more time. On July 9 Ng had an elective stent procedure, and was released after eight hours. Then he went to NYU Langone, and was diagnosed with an inner ear issue. But an MRI taken found some "silent" landings on his brain, and another discovered a spine condition that, it later emerged, had been found in 2012. There was a Doctor "Adubato" who, it was said, initially signed a letter that Ng would need two weeks then recanted it, seemingly without repercussions. No one else from the UN was there, to see this travesty of one of their bribers. What Ng actually did barely came up during the presentations by Janis M .Echenberg and Daniel C. Richenthal: their prosecution, as it turned out, spend at least $10,000 in taxpayer money for a Colombia cardiologist Doctor Schneller to come out with such clunkers as the only advice he gives his stent patients is to not go to "Third World countries." After four hours of hypochondria of a type never entertained from less affluent defendants, Broderick delivered yet another day of freedom to Ng. He was supposed to be in jail, at latest, on July 10. Then July 17. Now it's Wednesday July 17 at noon, in Allenwood, Pennsylvania. Who knows? Watch this site. Eight months after Ng's conviction, on March 30 the prosecution asked for a jail term of over six years and a $2 million fine. On May 11 Ng was sentenced to four years in jail, and ironically to pay the legal fees of the UN, which even under the prosecutors' press release he corrupted. At the UN, Carlos Garcia who facilitated Ng's bribes to Francis Lorenzo's family in the Dominican Republic was at the General Assembly stakeout at this month as exclusively reported by Inner City Press. Since then the UN ousted Inner City Press on June 22 from covering a speech by Secretary General Antonio Guterres, and on July 3 from covering a meeting on its $6.7 billion budgets, since when Guterres has banned Inner City Press. Fox News story here, GAP blogs I and II. Now on July 16, Ng is still no in jail: he is arguing that pains in his back and elsewhere mean he should get another delay. The New York Times, which unlike Fox News, the (UK) Independent and others has not yet reported a word on the UN's physical ouster and banning of the investigative Press despite earlier coverage, amazingly ran a long piece about Ng's case without once mentioning that is it UN bribery he is convicted of. We'll have more on this. After an oral argument on June 26 in the Second Circuit Court of Appeals, Ng's bid to remain even longer in his apartment on 47th Street was denied. “It is hereby ordered that appellant’s motion is DENIED, because he has failed to show that the district court clearly erred in its risk of flight determination,” the court’s order sys, and “It is further ordered that the appeal is expedited.” Ng's lawyer Paul Clement of Kirkland & Ellis claims that the UN is not the kind of "organization" Congress was talking about in the law prohibiting bribery connected to organizations that receive federal funds. So the UN can be bribed at will? The UN has no law against it, and current SG Guterres does not even order an audit of China Energy Fund Committee, the second UN bribery case which seems linked to the first - CEFC invited John Ashe to China as well. We'll have more on this.

And this: in the underlying Ng Lap Seng indictment there was a Co-Conspirator 3 who also bribed UN President of the General Assembly John Ashe. This CC-3 has now been identified as Chau Chak Wing by Australian MP Andrew Hastie, chairman of the Parliamentary Joint Committee on Intelligence and Security. Hastie recently met with US authorities about espionage and foreign interference legislation, and said it was during those discussions he confirmed the "long-suspected identity of CC-3" as Dr Chau."The same man who co-conspired to bribe the United Nations president of the General Assembly, John Ashe," Hastie said in a speech in the Australian Parliament’s Federation Chamber. On May 22, Inner City Press asked UN Spokesman Stephane Dujarric, video here, UN transcript here: Inner City Press: I wanted to ask you, in… in what was called the John Ashe case, a businessman, Mr. Chau Chak Wing has been identified as Co-conspirator 3 in… that was in the indictment.  And it's caused quite a furore in Australia, but I guess my question is, given that the UN did, in that case, unlike the Patrick Ho case, conduct an audit, did the UN know the identity of Co-conspirator 3?  And what does it show you now, given… given Mr. Chau Chak Wang's other… Wing's other… other roles?  What does it mean for the UN that he, according to intelligence sources and now, as stated in the Australian Parliament, paid a $200,000 bribe to a then-sitting President of the General Assembly?

Spokesman:  I think we've commented on the case, and we have cooperated fully with the Federal host authorities here on the conclusion of the case.

Inner City Press:  But it doesn't… so this doesn't change the ca… the idea that this is a sitting… this is a person that's actually tied directly to the Chinese Communist Party?

Spokesman:  I've said… this is what I've had to say.

Inner City Press:  It doesn't change…

Spokesman:  "This is what I've had to say.  Thank you.
"
O
n May 11 Ng was sentenced to four years in jail, and ironically to pay the legal fees of the UN, which even under the prosecutors' press release he corrupted? The UN, which evicted and still restricts Inner City Press for pursuing the extend of Ng's bribery in the UN, including his payments through South South News to the UN Correspondents Association, gave its UN Censorship Alliance scribes a statement that In a statement after the verdict, the UN said it “had cooperated extensively to facilitate the proper administration of justice in this case, by disclosing thousands of documents and waiving the immunity of officials to allow them to testify at trial." This statement, and the UNCA scribes, ignore that the UN is already embroiled in another bribery scandal, that of Patrick Ho and CEFC. Nothing has been reformed; Secretary General Antonio Guterress hasn't even ordered an audit. On May 14, Inner City Press asked Guterres' deputy spokesman Farhan Haq, video here, UN transcript here: Inner City Press: On Friday, Ng Lap Seng of South-South News and other fame was sentenced to 48 months in prison for what’s described as bribery of officials at the UN.  I did see that somehow part of the settlement was that the UN’s legal fees would be paid.  So, I had two questions.  Number one, how much are those legal fees?  Number two, in the second what’s described as a UN bribery case involving Patrick Ho and the China Energy Fund Committee (CEFC), has the UN as of yet rung up any… any legal fees?  And has there as yet been any audit ordered as was audit… ordered in the case of Ng Lap Seng and South-South News? And, if not, why not?

Spokesman:  Regarding the second question, that’s an ongoing case, and we’ll have more details as it proceeds.  Regarding the first, the United Nations had cooperated extensively to facilitate the proper administration of justice in the Ng Lap Seng case by disclosing thousands of documents and waiving the immunity of officials to allow them to testify at trial.  In this regard, the organisation notes the court’s award of $302,000 in restitution to be paid to the United Nations as a victim of these crimes.  Nizar?

Inner City Press: I have a follow-up question… One of the people that testified was… was the person that worked in DGACM [Department of General Assembly and Conference Management] and actually changed the GA resolution to put in the name of Sun Kiang Ip foundation as the builder of the… the… the centre in Macau.  Was anything ever done on that?  I think, if you follow the case, you know that that took place.  Yes, bribes were paid allegedly and now convictedly [sic] to… to John Ashe and Francis Lorenzo, but a… a UNGA [United Nations General Assembly] document, once it was passed, was amended by DGACM.  Who did that?  And… and… and are they being held accountable?

Spokesman:  The person who testified in this case has retired from the United Nations." As Inner City Press has previously exclusively reported, that is Ion Botnaru. So, no accountability? And the UN is taking $302,000 in "restitution" while it has paid nothing in restitution for killing 10,000 people with cholera in Haiti? We'll have more on this.
The prosecutors said Ng "was sentenced today to 48 months in prison for his role in a scheme to bribe United Nations ambassadors to obtain support to build a conference center in Macau that would host, among other events, the annual United Nations Global South-South Development Expo.  NG was sentenced by U.S. District Judge Vernon S. Broderick. NG was convicted on July 27, 2017, after a five-week trial, of two counts of violating the Foreign Corrupt Practices Act, one count of paying bribes and gratuities, one count of money laundering, and two counts of conspiracy. Manhattan U.S. Attorney Geoffrey S. Berman said:  “Billionaire Ng Lap Seng corrupted the highest levels of the United Nations in pursuit of a multibillion-dollar real estate deal in Macau.  Ng exploited a center for international diplomacy as an instrument for his greedy intentions.  This Office is committed to policing official corruption wherever it may be found.” Acting Assistant Attorney General John P. Cronan said:  “Corruption at any level of government undermines the rule of law and cannot be tolerated.  But corruption is especially corrosive when it occurs at an international body like the United Nations.  By paying bribes to two U.N. ambassadors to advance his interest in obtaining formal support for the Macau conference center project, Ng Lap Seng tried to manipulate the functions of the United Nations.  The sentence handed down today demonstrates that those who engage in corruption will pay a heavy price and serves as a reminder that no one stands above the law.” 
Lorenzo - still at liberty and in front of the UN on 7 March 2019...

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