| Charged With
Crypto Fraud Alexandre Trial Is March 27
As Investor Letter Is Rejected
By Matthew
Russell Lee, Patreon Maxwell
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Vlog
- Guardian - Honduras
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COURTROOM
EXCLUSIVE, August 12 – Eddy
Alexandre, charged with
commodities fraud in
connection with a purported
cryptocurrency and forex
trading platform named
EminiFX, was ordered released
on $3 million bond on May 12.
He would be
required to hire his own guard
for home incarceration in
Valley Stream, NY - and not
pay the guard with the crypto
funds.
The bail
decision was reached by U.S.
District Court for the
Southern District of New York
Magistrate Judge Katharine H.
Parker in an hour-long
proceeding on the afternoon of
May 12. Inner City Press was
the only media there, and live
tweeted it here
and below.
Then was June 14,
when Alexandre was arraigned.
Inner City Press again went.
The court room was full (of
supporters), but little to no
media. Inner City Press live
tweeted here
and below.
On August 3, with
two overflow courtrooms, more
Alexandre and EminiFX
supporters / investors, a
Curcio hearing and March 27
trial date. Inner City Press
exclusively live tweeted here
and below.
On August 5, in
the parallel CFTC case, Judge
Valerie E. Caproni approved
the receivers request for
nearly $1 million, a request
which included: "Long Island
Real Estate Portfolio. Soon
after the start of the
receivership, the Receiver
discovered that EminiFX had
entered into 46 separate
contracts to purchase
residential properties in Long
Island out of foreclosure,
each in a separate New York
state court action with a
separate court-appointed
referee overseeing the sale.
EminiFX also entered into two
separate real estate contracts
outside of foreclosure. In
addition, Alexandre entered
into a separate contract for a
property using $535,000 in
funds traceable to EminiFX
customers as a deposit. The
total deposits on all
properties totaled over $3
million, and the Receiver and
his team at Raines Feldman and
FDT have been working to
recover as much as possible.
The total amount recovered to
date on the EminiFX contracts
for purchase is $575,200. This
amount plus the court-ordered
turnover of the $535,000
deposit for the Alexandre
contract for purchase brings
the total recovery to over
$1.1 million. The Receiver and
FDT are working to recover the
remaining deposits." Full
letter on Patreon here.
On August 9, an
investor submitted a "LETTER
addressed to Judge Valerie E.
Caproni from C. Poulard, dated
8/8/22 re: "EMERGENCY REQUEST
TO RECONSIDER THE APPROVAL FOR
PAYMENT OF FEES & EXPENSES
- MAY/JUNE 2022"- I am
requesting that you reconsider
the approval of the request
and grant me fourteen days to
produce cause for my
opposition to the request made
by the receiver...
Document filed by Chantale
Poulard, a non-party investor
of EMINIFX, INC." Full letter
on Patreon here.
On August 12,
Judge Caproni rejected the
investor's letter and had it
stricken from the docket in
the case: "WHEREAS the Court
approved the Receiver’s motion
for $990,777.86 in fees
and $5,660.42 in
expenses on August 5, 2022,
Dkt. 92; and WHEREAS the Court
has received several pro-se
letters from non-party
EminiFX investors
requesting the Court to
reconsider its decision to
grant the Receiver’s motion.
IT IS HEREBY ORDERED that the
Clerk of Court is respectfully
directed to strike the
investors’ letters filed at
Dkt. 93–104. If the investors
wish to intervene in this
matter, they must refile
their letters with a Motion to
Intervene stating the grounds
on which they wish to
intervene. The Court notes,
however, that the proper
method for the investors to
air their grievances
with the Receiver’s actions is
through the direct methods of
communication that were
specifically created for
EminiFX investors to
communicate with the Receiver,
as outlined in the
Receiver’s Letter Application
to Approve Supplemental
Procedures. See Letter, Dkt.
77 at 2–3. Even if
applicants’ requests were
proper, they fail to meet the
“strict” standard under
which motions for
reconsideration are analyzed.
Shrader v. CSX Transp. Inc.,
70 F.3d 255, 257 (2d
Cir. 1995). A party may obtain
relief on a motion for
reconsideration only - full on
Patreon here.
From August 3:
OK- US v Alexandre, now in
jammed courtroom, former SDNY
prosecutor Emil Bove speaks of
seized phone. Bove
criticizes his former office
coordinating with CFTC.
Alexandre wants all CFTC
communications outside of
Enforcement Division.
AUSA Folly
(also on #OneCoin) says no
objection to motion cycle
starting Aug 29. Former AUSA
Bove: Alexandre's 6th
Amendment rights are being
constrained. 2d round of
motions. Oct 31.
AUSA Folly:
This is standard, freezing
assets. Judge Cronan: US must
update on Aug 24 on
responsiveness review. [Up in
the overflow courtroom many
have on Alexandre T-shirts. It
appears some COVID masks have
his image on them]
Alexandre
wants trial in January. AUSA
Folly says March. Alexandre
supporter next to me shskes
his head vehemently. Judge
Cronan: Trial March 27.
AUSA Folly:
Exclude Speedy Trial Act time
go March 27, 2023. Bove: Only
to Aug 24. Judge Cronan: To
Aug 24 for now. Now the Curcio
hearing....
Alexsandre: I am
50, with a masters from
Phoenix U. I have business
acumen and was in charge of
cyber security for Warner -
CNN, HBO, etc. I don't drink.
Judge: I find you competent to
proceed.
Judge: Who
pays your counsel? Alexandre:
Family and friends. Judge:
That may be a conflict or
risk. Do you understand?
Alexandre (still standing up)
Yes
[Alexandre
supporter passes by me on way
out - yes, photo of Alexandre
and EminiFX orinted on COVID
mask. Also an EminiFX ID card
around neck. Is it still a
going concern?] Alexandre
waives all conflicts.
From June 14: Now
at arraignment of Eddy
Alexandre, out on $3M bail
with former SDNY prosecutor
Emil Bove as his lawyer.
Judge
Cronan: I was Mr Bove's
supervisor. [Gives 2 weeks to
object. Courtroom jammed;
there's a T-shirt "We Support
Our CEO"]
Alexandre: Not
guilty.
Judge Cronan: Mr
Bove, are there any conditions
I should loosen?
Bove: I'll deal
with Pre-Trial Services
AUSA Folly:
Defendant ran EminiFX -
a Ponzi. We have video.
Judge Cronan:
What about the CFTC case? AUSA
Folly: Let Mr Bove answer.
Bove: There's a
consent preliminary injunction
pending...
More on Patreon here. And vlog here.
By June 17, no
longer just pending: " ORDER
REQUIRING TURNOVER OF DEPOSIT
TO RECEIVER: On June 16, 2022,
this Court entered the Consent
Preliminary Injunction in this
case (Dkt.56) and, by Memo
Endorsed Order (Dkt. 55),
overruled the objection of
non-parties Christopher Beil
and Maureen Beil (the
"Sellers"). Pursuant to a
certain contract of sale dated
as of April 11, 2022 (the
"Contract") for the sale by
Sellers to Purchaser (as
defined therein) of 525
Manhasset Woods Road,
Manhasset, New York 11030 (the
"Property"), $535,000 was
deposited (the "Deposit") into
the escrow account of Sellers'
counsel, Kirschenbaum &
Kirschenbaum, P.C.
("Escrowee"). David Castleman,
the court-appointed receiver
(the "Receiver") over
Defendant EminiFX, Inc.
("EminiFX") and assets of
Defendant Eddy Alexandre
("Alexandre") traceable to
customer funds, has stated a
good faith belief that the
Deposit is traceable to
EminiFX customer funds, and
provided the Court with
justification for his belief,
pursuant to paragraph 38 of
the Consent Preliminary
Injunction. The Escrowee shall
turn over the Deposit to the
Receiver within 3 business
days from entry of this Order.
Sellers' may make a claim in
the normal claim process to be
established by the Receiver
with the approval of the Court
at a later date, subject to
the Receiver's right to review
and object to such claim as
part of the approved claims
process. The Receiver shall
hold the Deposit in the
Alexandre Assets account
pursuant to paragraph 38 of
the Consent Preliminary
Injunction. IT IS SO ORDERED.
(Signed by Judge Valerie E.
Caproni on 6/17/2022)."
From May 12:
AUSA: Defendant is not a US
citizen. There's $55 million
missing. Judge: I read he
worked at HBO. AUSA: Yes. In
the past. Now he might flee to
Hsiti.
AUSA: He founded
an investment platform,
offering 5% week returns. [He
is in a crisp white shirt and
glasses. He was arrested at 6
am this morning.]
AUSA: He
used investors' funds to buy
himself $150,000 BMW. He gave
some to charity. [Inner City
Press just found online the
defendant's social media
promoting Partners in Health
in Haiti]. Federal Defender:
We offer a relative's $600,000
home.
FD: He has
a civil case against him too.
He needs to be out on bond.
They speak of $114 million.
But what they seized is all he
has. He cannot now buy a
private jet.
[Inner City
Press finds that this crypto
defendant is followed on
social medis by Laurent
Lamothe.]
AUSA: There are
millions unaccounted for. The
State Department says we could
not get him back from Haiti
via extradition.
Judge: The weight
of the evidence is strong.
Cybersecurity was one of your
jobs. But I am going to
release you. Judge
Parker: Eddy Alexandre, you
will be released on $3 million
bond, 5 co-signers, 2
properties & BMW. Home
incarceration and yiu must pay
for a guard. [Echo of UN
briber Ng Lap Seng]
AUSA: Please
specify he can't use the
crypto funds to pay for the
guard. FD: He needs permission
to manage his investment
properties.
Judge
Parker: Let him call his wife,
from the Federal Defender's
phone. Adjourned.
Alexandre
then sat at defense table
speaking into his Federal
Defender's cell phone until
the Marshals put handcuffs on
him and took him away.
More (bonus) on
Patreon
here.
The civil case is
Commodity Futures Trading
Commission v. Alexandre, et
al., 22-cv-3822
(Caproni)
The criminal case is US v. Alexandre,
22-cr-326
(Cronan)
***
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