In
SDNY Pro Se Check Cash Fraud
Defendant Views His Own Phone
Records and Cell Site Pings
By Matthew
Russell Lee, Patreon,
Periscope
SDNY COURTHOUSE,
May 14 – A defendant charged
with fraudulently cashing
checks in many U.S. states
appeared for trial beginning
May 6 representing himself,
pro se, in the U.S.
District Court
for the
Southern
District of
New York
courtroom of
Judge Kevin
Castel. On May
6 the jury was
selected, with
Marko Stasiv
several times
making use of
the Ukrainian
language
interpreters
on hand.
On May 14, the
government's
case against
Stasiv plodded
forward, with
photographs of
cell cite
toward both urban
(on top of a
T-Mobile shop)
and rural
(made to look
like a pine
tree), and and
explanation
for the jury
about how pinging
and triangulation
work. Stasiv
sat at the
defendant's table,
looking at his
own phone
records, with
a (then) home
address on
East 82nd
Street in
Manhattan.
Back on May 9,
Stasiv made an
objection to
Judge Castel
to the
prosecution
putting into
evidence a
printer and
checks from
Pennsylvania
it said were
part of the
wider
conspiracy.
Stasiv said
this
Pennsylvania
scheme had
nothing to do
with him;
Castel said he
can cross
examine. But
that
apparently
won't be until
Monday. Inner
City Press
will continue
to cover this
case.
On the morning
of May 8
Stasiv
conducted some
cross
examination of
the FBI's CART
Agent Vincent
P Radice who
has partially
extracted a
Samsung Galaxy
phone. Stasiv
asked him
about the case
number and
name - not his
- under which
the phone and
SIM card were
searched.
Radice said
repeatedly
that he didn't
know.
Meanwhile the
government has
asked Judge
Castel to
redact racial
words from
text messages
they want to
introduce to
convict
Stasiv. For
example, as
the crew
drives around
waiting for a
check cashing
store, CW-1
texts
Razumovskiy
"It's such a
f*cking c*nt
of a black
neighborhood
here." The
government
wants to take
out the word
"black," so
that the jury
thinks between
of CW-1. Watch
this site.
On May 7
Stasiv
conducted
cross
examination of
FBI Agent Fox,
who had a box
of seized cell
phones, ID and
bank cards in
front of her.
Stasiv asked
Agent Fox, Did
you observe me
in the check
cashing store?
No, she had
not. He
questioned her
about
the dates of
the complaint
and the
warrant but
she said she
was not part
of that
process. One
of the three
Assistant U.S.
Attorneys
facing off
against Stasiv
-- they are
Janis
Echenberg,
Noah Falk and
Jonathan
Rebold --
objected but
Stasiv, now
hopping around
on a cane,
prevailed.
Defendant's
Exhibits A and
B are now part
of the record.
Also now part
of the record
are IDs belong
to some of
those charged
along with
Stasiv in the
scheme,
including
Gennady
Toporov and
Mikhail
Dikler.
The government
says that two
will testify
against
Stasiv, among
a total of 28
government
witnesses.
Will the jury
view this as
overkill?
Could rooting
for the
underdog
result in a
verdict of not
guilty? More
on Patreon, here.
At day's end,
after a
defrauded
check cashing
CEO brought up
from Georgia
to testify,
Stasiv was put
back into
shackles and
taken back to
the MCC. Some
one remarks,
For the U.S.
Attorney's
office, there
is only
downside here.
Inner City
Press covering
and amplifying
this trial,
which so far
is akin to
watching a
person try to
conduct brain
surgery on
themselves
while talking.
The case is U.S.
v Stasiv,
18-cr-259
(Castel).
Watch this
site.
On
Saturday May 4
Assistant U.S.
Attorney Janis
Echenberg
wrote to Judge
Castel with
new arguments
and
information,
noting that it
could not be
delivered to
defendant
Stasiv in the
MCC. Inner
City Press
will be
covering this
trial - watch
this
site.
Back in
late April,
Judge Castel
told the
government to
make the 3500
material and
other
discovery
available
right away or
he'll fashion
a remedy they
will not like.
In other
fashion news,
Judge Castel
has signed an
order for
Stasiv to be
appropriately
dressed during
his trial.
Inner City
Press and @SDNYLIVE will be there - watch
this site, and
that feed.
On April 23, two
defendants arrested at Newark
International Airport for an
advance fee scheme,
essentially predatory lending,
were presented late in
the SDNY
arraignments
courtroom,
presided over
by that
week by retiring
Magistrate
Judge Henry Pitman.
One of them,
Omar Young of
107 West
Fourth Street,
Granton,
Wisconsin, was
given a free /
publicly
funded lawyer
despite having
$215,000 in
a business
checking
account. The
other, a
Mister Perlman
of northern
Georgia, has
$161,000 in
the bank but
his counsel,
from the white
shoe firm of
Sullivan &
Cromwell,
argued
that he should
be given a
free lawyer - and
that the whole
proceeding
should be
sealed. But it
was held in
open court,
and Inner City
Press was
there, albeit
the only media
present. Why
is a corporate
law firm
like Sullivan
& Cromwell
representing a
predatory
lender --
alleged, of
course -- and
arguing
they should be
paid, and it
should be
sealed? Inner
City Press aims to
have more on
this case. For
now we note
that in the
open court
proceeding it
was said that
no hotel can
be found in or
around
New York City
for less
than $250 to
$300 a night,
and each
defendant was
allowed while
getting publicly
funded
counsel to
spend $2000 a
week while in
New York.
That's
$102,000 a
week, deemed
reasonable by
the court and
Sullivan &
Cromwell, in a
District
where many
families
don't make
that in a decade. Inner
City Press
will have more
on this.
Earlier on April 23, also by
Judge Pitman, a defendant
accused of selling fake IDs
over the Dark Net was told to
stop using that platform while
given bail on April 23. The
defendant,
apparently
also an
Italian
citizen and a
restaurant
consultant,
has social
media showing
his shooting
guns and has,
according to
the government, purchased
"SWAT-ing"
services
(Google it).
But Judge
Pitman told
him not to use
the TOR net,
while asking rhetorically
if they
even make
phones anymore
without the
Internet,
other than
those
advertised in
the back pages
of AARP
Magazine.
Indeed.
Earlier on April
23 a man was denied bail after
naming his Instagram account
"Catch Me If You Can." A
Mister
Crowder,
wearing a
"World Sacrifice Tour"
t-shirt, was
requesting
bail. But
Judge Pitman
asked about
the naming of
his Instagram
account, and
the two
excuses given, that
it was named
after a Leo
DiCaprio movie
("I've seen
it," Judge
Pitman said)
and that he
later changed
"if you
can" to "if
you could," were unavailing.
The marshals
took him back
into the cell
block Judge
Pitman
said to close
the door to,
less than an
hour before
affluent
opioids
distributor
Laurence Doud was
released on
$500,000 bail
and walked
with his
lawyer Mister
Gottlieb
across Foley
Square with
Inner City
Press asking
questions,
Periscope video here. We'll
have more on
this.
Back on
April 18 a
defendant pled
guilty to
selling marijuana and
having
a gun in
Manhattan, to
a plea
agreement
specifying 37
to 46
months. Magistrate
Judge Moses
asked the defendant
if he had
written his
allocation himself.
Sporting an
ACE bandage on
his right wrist, he
said Yes. Moments
later a Mr.
Butler, with
neck tattoo,
stepping up with a
financial
affidavit and
a lawyer, to
be appointed
as he is a
material witness.
So you work
construction?
Judge Moses asked. The
answer was
yes, and that
it was
seasonal - he was
not going to
work tonight
because it was
going to pour
rain. Judge
Moses asked,
Is it? And by
6 pm, there was
still no rain.
But her week
was over, and
not uninteresting,
including
disputes with
both the
Federal Defenders
and, less so,
with the
government. We
will continue
to cover this.
A defendant
accused in New York courts of
attempted murder but released
because not indicted in six
days was denied bail
on April 17
by
SDNY
Magistrate
Judge
Moses after
a contentious 5
p.m.
proceeding with
Inner City
Press the only media
present. The
Federal Defender
argued that
the NY ADA's
inability
to indict
within the six
day time frame
of NY CPLR 3030
meant there
really is no
evidence. The
Federal
Assistant
U.S. Attorney
said she had
called her
state
counterpart who
assured they
are
investigating.
Federal
Magistrate
Judge Moses said
she would not
credit
anything not
actually
before the
court - but
that attempted
murder sounds
serious. The defendant
is being
remanded and
held, it
seems, until a
hearing before
U.S.
District Court
Judge
Keenan.
Inner City
Press will
cover that as
well.
The day before on
April 16 a strange
proceeding took place in which
a material witness was
assigned a free lawyer by SDNY
Magistrate Judge Moses. His
financial
affidavit
had to be
updated - as
it turned out,
because he was
paying his
taxes. Then Judge
Moses accepted
it and assigned him a
lawyer and he
disappeared.
No index
number was
read out, and
his name to Inner
City Press the
only media
present
sounded like
Teepee. They acted
like it was a
private proceeding,
like the
visits by Assistant
US Attorneys
and FBI
agents through
the fire
door to see
the week's
Magistrate
judge. But
these are public
proceedings,
until
they are not.
Inner
City Press will have
more on
this.... A
Dominican defendant charged
with fentanyl was the last
case on April 16 SDNY
Magistrate's Court. There was
more preamble
that usual, as the
Assistant
U.S. Attorney
asked the FBI if
they had the
defendant's
wallet - they
did - and if
it contained his
Green Card. It
did, but there
still a
dispute of whether
this was
the same
defendant who
pled guilty to
narcotics
felony in
2009. It is a
common name:
Juan Pablo de
la Cruz Mendoza.
And for that
reason,
apparently,
the defendant
will spend
at least until
Monday, April
22 in the MCC.
Inner City
Press, the
only media
present in the
presentment,
wondered why
the issue of
his green
card,
uncontested by
the government,
became entwined
with this doppelganger's
plea. The person
present on April 16
said
audible, in
Spanish, that
he makes only
$500 a week,
and sends $100 to
a daughter in
Santo
Domingo. He
has four
children. It
was like observing
in an
operating room
when the
surgeons don't
know what to
do. Delay
it until
Monday was the
decision.
Inner
City Press
will be there.
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
Box 20047, Dag Hammarskjold
Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|