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In DEA Corruption Case of Costanzo & Recio On Conflict US Seeks Attorney Disqualification

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, June 27 – On May 20 DOJ announced that "JOHN COSTANZO JR., a Drug Enforcement Administration Special Agent, and MANUEL RECIO, a former DEA Assistant Special Agent-in-Charge, were indicted in Manhattan federal court with conspiracy to bribe a public official, conspiracy to commit honest services wire fraud, and honest services wire fraud, for a scheme in which RECIO funneled tens of thousands of dollars to COSTANZO in exchange for COSTANZO providing sensitive law enforcement information to RECIO to assist RECIO in recruiting clients for defense lawyers."  

Costanzo appeared the in the 2022 U.S. District Court for the Southern District of New York Magistrates Court that day and was released on $30,000 bond. His case was assigned to District Judge J. Paul Oekten, who held a conference in the case on June 6. Inner City Press attended and live tweeted:

Recio, it seems, needs a Curcio hearing of potential conflict of interest.

Judge Oetken: Any search warrant? AUSA: Yes. And a wire tap. AUSA: For Mr Costanzo there's an audio recording. [When will the Press and public get a copy?] 

Judge: Any superseder of additional defendants?

AUSA: It's on the table.

Mukasey: So are motions against the searches, under the 4th Amendment. 

Mukasey: We'll be asking for the earliest trial date possible. But not yet. Judge: Motions then a conference Nov 4 at 11 am, Speedy Trial Act excluded until then.   AUSA: Recio's lawyer may have a conflict - he's a potential witness.

Recio's lawyer worked for him in Miami, referred by a firm which paid Recio. But he says he didn't sit at counsel table.  AUSA: If there's a plea, the conflict would be moot. 

 US letter alleging conflict on Patreon here.

Later, this summary: "Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to John Costanzo, Jr., Manuel Recio held on 6/6/2022. Defendant John Costanzo present with attorneys Marc Mukasey and Torrey Young; Defendant Manuel Recio present with attorney Phillip Reizenstein; AUSA Sebastian Swett present; Court Reporter present. Initial conference held: Motions due by 9/9/2022 with responses by 10/7/2022 and replies by 10/21/2022. Next conference set for 11/4/2022 at 11:00am. Time is excluded to 11/4/2022. Bail continued."

On June 27 the US Attorney's Office formally sought the disqualification of Philip Reisenstein, affirming they spoke with him on June 22 and told him he would likely be a witness at trial, necessitating his withdrawal. "Rezenstein informed the Government that he would not be withdrawing his representation and the Government could move to disqualify him." Watch this site.

The case is US v. Costanzo, 22-cr-281 (Oetken) 

***

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