As
DISH And Sling TV Sue Asia TV In
SDNY Many Filings Redacted Until
Inner City Press Bursts In
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
August 7 – When
DISH Network
and Sling TV
sued Asia TV
this year,
they wanted
much of it
secret. On
August 6 Inner
City Press
while covering
criminal
proceedings in
the U.S.
District Court
for the
Southern
District of
New York
happened on
the trial
before SDNY
Judge Vernon
S. Broderick.
On August 7,
when it
entered Judge
Broderick's
courtroom to
find five
lawyers at
both the
plaintiffs'
and
defendants'
tables,
another lawyer
sitting in the
jury box
passed a note
to his
colleague:
there is Press
coverage. Why
so shy?
It turns out
in the docket,
19-cv-21, that
DISH has been
redacting many
of its
submission,
with Judge
Broderick
signing off.
(In full
disclosure,
Inner City
Press
previously
covered the UN
bribery case
of Ng Lap Seng
and Vivi Wang
in which
affable Judge
Broderick let
Ng out on
bond; now Wang
is getting her
diamonds back,
see below).
The
questioning on
August 7
involved
whether Asia
TV USA Ltd had
let its
subscribers
know that they
would no
longer be able
to access
content except
from their
homes. Judge
Broderick told
the corporate
cabal that
while he
sought to
accommodate
then he had an
appointment at
2:30 pm that
could not be
changed. Maybe
we should have
started at 7
am, he said.
They laughed,
but not really
- they are
using the SDNY
courthouse
while not
wanting any
transparency.
Inner City
Press opposes
this - watch
this site, and
Patreon, here.
In a case that
also began
before Judge
Broderick,
Vivian Wang,
who as money
manager for
convicted UN
briber Ng Lap
Seng's South
South News
made payments
to disgraced
President of
the UN General
Assembly John
Ashe, was
given a time
served
sentence on
June 26 by
U.S. District
Court for the
Southern
District of
New York Judge
George B.
Daniels.
Now on August
7, the US
Attorney's
Office is
returning to
Vivi Wang her
watches,
filing this:
"WHEREAS, on
or about March
18, 2016,
JULIA VIVI
WANG, a/k/a
“Julia Vivian
Wang,” a/k/a
“Wang Wei”
(the
“defendant”),
was arrested
on Complaint
16 Mag. 1798;
WHEREAS, on or
about March
25, 2016, the
Federal Bureau
of
Investigation
(“FBI”)
executed a
judicially-authorized
search warrant
of the
defendant’s
residence in
New York, New
York, during
which the FBI
seized, among
other things,
(1) $40,200 in
United States
currency,
approximately
$82,000 in
Hong Kong
dollars
(approximate
value as of
the date of
seizure),
approximately
$8,000 in
Euros
(approximate
value as of
the date of
seizure),
approximately
$18,000 in
Chinese
currency, of
various types
(approximate
value as of
the date of
seizure),
approximately
$665 in United
Kingdom pounds
(approximate
value as of
the date of
seizure),
approximately
$580 in
Dominican
Republic
currency
(approximate
value as of
the date of
seizure),
approximately
$1000 in South
African
currency
(approximate
value as of
the date of
seizure), and
approximately
$25 in United
Arab Emirates
currency Case
1:16-cr-00495-GBD
Document 75-1
Filed 08/07/19
Page 1 of 6
(approximate
value as of
the date of
seizure)
(collectively,
the “Seized
Currency”),
and (2)
several
watches and
diamonds
(collectively,
the “Seized
Watches and
Diamonds”);
WHEREAS, on or
about March
30, 2016, the
defendant’s
conditions of
release
pending trial
were modified
to require her
to post
$150,000 cash
(the “Bail
Funds”), which
were
subsequently
posted and
remain on
deposit with
the Clerk of
Court (receipt
number
465401149486);
WHEREAS, on or
about April 4,
2018,
Superseding
Information S1
16 Cr. 495
(GBD) was
filed, to
which the
defendant
pleaded guilty
the same day,
including one
count of
subscribing to
false and
fraudulent tax
returns (Count
Three);
WHEREAS, on or
about June 26,
2019, the
defendant was
sentenced to
time served
and ordered to
pay
restitution in
the amount of
$629,295 to
the Internal
Revenue
Service, the
victim of the
offense
charged in
Count Three;
WHEREAS, on or
about June 26,
2019, the
Court entered
a restitution
order;
WHEREAS, the
defendant’s
restitution
judgment
remains
unpaid;
WHEREAS, Title
28, United
States Code,
Section 2044,
provides in
pertinent
part: On
motion of the
United States
attorney, the
court shall
order any
money
belonging to
and deposited
by or on
behalf of the
defendant with
the court for
the purposes
of a criminal
appearance
bail bond
(trial or
appeal) to be
held and paid
over to the
United States
attorney to be
applied to the
payment of
assessment,
fine,
restitution,
or penalty
imposed upon
the defendant.
WHEREAS, the
defendant
consents
having the
Bail Funds
applied to her
restitution
judgment;
WHEREAS, Title
18, United
States Code,
Section
3613(c)
provides in
pertinent
part: [A]n
order of
restitution
made pursuant
to sections
2248, 2259,
2264, 2327,
3663, 3663A,
or 3664 of
this title, is
a lien in
favor of the
United States
on all
property and
rights to
property of
the person
fined as if
the liability
of the person
fined were a
liability for
a tax assessed
under the
Internal
Revenue Code
of 1986.
WHEREAS, the
defendant has
represented,
through
counsel, that
the Seized
Watches and
Diamonds are
property, at
least in part,
of the
defendant’s
daughter
and/or
belonged to
the
defendant’s
late husband;
WHEREAS, the
defendant
consents
having the
Seized
Currency
applied to her
restitution
judgment; IT
IS HEREBY
STIPULATED AND
AGREED, by and
between the
United States
of America, by
its attorney
Geoffrey S.
Berman, United
States
Attorney,
Assistant
United States
Attorneys,
Janis M.
Echenberg,
Daniel C.
Richenthal,
and Douglas S.
Zolkind, of
counsel, and
the defendant,
and her
counsel, Derek
A. Cohen,
Esq., that: 1.
The Clerk of
the Court is
authorized to
and shall
apply the Bail
Funds, that
is, $150,000
in United
States
currency, to
the
defendant’s
restitution
judgment. 2.
The FBI is
authorized to
deposit the
Seized
Currency in a
bank account
(after
converting it
to United
States
dollars, to
the extent
necessary) and
then to
provide a
check or wire
transfer in
the amount of
the Seized
Currency (less
any fees for
conversion to
United States
dollars) to
the Clerk of
Court, or to
provide the
Seized
Currency
directly to
the Clerk of
Court or its
designee,
which is
authorized to
and shall
apply the
value of the
Seized
Currency (less
any fees for
conversion to
United States
dollars) to
the
defendant’s
restitution
judgment. The
defendant
agrees to
execute any
paperwork
necessary to
memorialize
and effect
such
provision,
conversion,
and/or deposit
by the FBI and
the Clerk of
Court. 3. The
Government
agrees to
effect the
return of the
Seized Watches
and Diamonds
to the
defendant or
her designee."
UNreal.
Wang's lawyers
at Goodwin
Proctor, in a
heavily
redacted
sentencing
submission,
stated that
her deceased
husband Forest
Cao "was 57
years old adn
had no known
health
problems of
medical
conditions. No
autopsy was
performed."
It
also says, as
to UN
President of
the General
Assembly John
Ashe, that
while awaiting
trial on UN
bribery
charges "his
death was
reported as
the result of
a
'weightlifting
accident'
after a
barbell
apparently
crushed his
throat."
After the
sentencing,
Inner City
Press with
covered the Ng
Lap Seng trial
before SDNY
Judge Vernon
Broderick
daily asked
Wang's lawyer
Derek A. Cohen
if he was
implying that
Forest Cao and
John Ashe were
killed, and
why he had so
heavily
redacted this
sentencing
submission.
"It
speaks for
itself," Cohen
said by the
elevators.
Likewise the
Assistant U.S.
Attorney on
the case Daniel
C. Richenthal
declined
Inner City
Press'
question about
who beyond Ng
Lap Seng Ms.
Wang had
cooperated
against.
Judge
Daniels did
not preside
over the trial
of Ng Lap
Seng. He
accepted the
government's
recommendation
of time served
with very
little
inquiry.
He said as if
by rote that
corruption of
the UN is a
serious
matter. But if
so, why should
a person who
paid bribes in
the UN get
such a light
sentence with
little public
showing of the
benefit of
their
cooperation?
Corruption has
continued at
the UN since
the
prosecution of
Ng Lap Seng,
resulting in
his four year
prison
sentence. A
second,
separately
prosecution
was brought
against
Patrick Ho of
CEFC China
Energy, an entity
which also
tried to buy
the oil
company of
Lisbon-based
Gulbenkian
Foundation
which employed
current UN
Secretary
General
Antonio
Guterres as a
compensated
board member.
Neither in the
Ho nor Ng Lap
Seng cases
where any of
the UN
Secretariat
officials
implicated in
the bribery
schemes
prosecuted.
This laxity
can be
contrasted
with another
SDNY
proceeding a
mere hour
later, in
which Judge P.
Kevin Castel
looked behind
the U.S.
Attorney's
Office's 5k1.1
cooperation
letters and
imposed jail
time on the
four siblings,
the Seggermans,
who evaded
taxes. That
underlying
case was USA
v. Little,
12-cr-647
(Castel). This
bifurcated
case is USA
v. Wang,
16-cr-495
(Daniels).
Vivi
Wang helped
bribe the UN,
and on June 26
she got a time
served
sentence for
undefined
cooperation.
Judge Castel
looked behind
the
government's
5K1.1 letter
but Judge
Daniels did
not. And the
UN continues
corrupt. Inner
City Press
will have
more, much
more, on this.
***
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