After
Insider Trader Bryan Cohen
Gets Time Served Now Lavidas
Gets Year and a Day
By Matthew
Russell Lee, Exclusive
Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
July 2 – Bryan Cohen, a
Goldman Sachs banker charged
with insider trading on
January 7 pleaded guilty to
conspiracy to commit
securities fraud. Inner City
Press covered it, here.
The US
Attorney's Office did not
publicize the proceeding or
its 30 to 37 month plea deal,
but Inner City Press was in
the U.S. District Court for
the Southern District of New
York Magistrates Court as the
only media, and spoke
afterward with Cohen's defense
lawyer Benjamin Brafman. More
on Patreon here.
On July 2,
SDNY Judge Denise L. Cote
sentenced another defendant in
the scheme, Telemaque Lavidas.
Inner City Press live tweeted
it.
Judge Cote: This
proceeding was to begin at 11
am. The defendant is
incarcerated in the MDC. But
his counsel Mr. Streeter can't
get on video. I
Streeter
fixed his video.
Judge Cote: He is
seeking a time served
sentence. He has waived his
right for personal presence.
He has sent in 144 letter from
family and friends and fellow
inmates of the defendant. The
restitution order is for
$186,000, correct?
A: Yes. If Mr.
Lavidas pays his half, we'll
get the other half from Mr.
Demane.
AUSA: If Mr.
DeMane does not pay, Mr.
Lavidas is on the hook for the
whole amount.
Judge Cote: So
we'll need a payment schedule.
The Assistant US
Attorney says "the Guideline
sentence is too long in this
case."
Judge Cote
sentenced Lavidas "to one year
and one day followed by three
years of supervised release."
The case is US v. Lavidas,
19-cr-716 (Cote).
Back on
January 6, the trial of
Lavidas began before Judge
Denise Cote. Assistant US
Attorney Daniel Tracer in a
short opening statement
described it as an open and
cut case, which will include
cooperating witness Marc
Demane.
Lavidas'
lawyer John Streeter told that
jury Demane is simply trying
to reduce his sentence and has
no first hand information.
Here's some of how it went,
live-tweeted here.
Hours after
the opening statements, the US
Attorney office asked Judge
Cote to ban discussion of how
it conducted its
investigation: "Based on the
contents of defense counsel’s
opening statement, the
Government respectfully
requests a ruling in limine
precluding the defense from
introducing evidence about
investigative techniques that
the Government employed during
the course of the
investigation. As set forth
below, such evidence
improperly suggests that the
jury shift its attention from
the charges against the
defendant to the conduct of
the investigation, and is
irrelevant and misleading. 1.
Background In opening
statements, defense counsel on
two separate occasions engaged
in a recitation of the
Government’s investigation and
the various investigative
steps that have been taken
with respect both to this
defendant and other
individuals. For example,
defense counsel said: The
third thing is that you are
going to learn that the
government gathered millions
and millions of e-mails and
text messages and electronic
devices, phones and computers
and all kinds of evidence from
this huge network of people
who were engaging in insider
trading – from Demane, from
Nikas, from their whole
network. And you are also
going to learn that they
gathered e-mails, and phones,
and computers and all kinds of
other evidence from Mr.
Lavidas. (Tr. 32). Later in
his opening, defense counsel
returned to the same topic:
The third thing that I
mentioned is that the
government has been
investigating this case for
years. They have collected
millions of e-mails and text
messages. And they have
collected Mr. Lavidas’s
phones, his iPad, his
computer, his documents. They
have collected a long list of
phones, computers, disc drives
from Mr. Nikas. They collected
a long list of those same
things from Mr. Demane. And
they collected those same
things secretly, for years,
from Google and other
companies where their e-mail
accounts were.... The
Government respectfully
requests that the Court
preclude the defendant from
introducing evidence about
investigative techniques that
the Government employed during
the course of the
investigation."
The US
Attorney doesn't want the jury
to hear about this. And the
public? Inner City Press will
continue to cover this case.
***
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