| In
Multi Defendant Skimmer Case Theofrastos
Lymberatos Pled Now Has Curcio Hearing
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
August 17 – A dozen men in
shackles charged with ATM
skimming came into the
U.S. District Court for the
Southern District of New York
courtroom of now Chief
District Judge Laura Taylor
Swain on January 9, 2020. They
had interpreters in French and
Romanian, and now a
coordinating discovery
attorney, Emma G. Greenwood.
But on
Monday, March 16, amid the
Coronavirus crisis when two
more defendant in the case
extradited from Romania on
Friday were presented before
SDNY Magistrate Judge Stewart
D. Aaron, their lawyers were
not physically present. They
appeared by telephone. One
asked that his business card
be given to his client. For
the other, the defendant asked
who he was.
Both
asked that their appointments
be back dated to March 9. It
was granted, and the
defendants were detained on
consent.
Jump
cut to June 2, 2021, when
co-defendant Theofrastos
Lymberatos appeared before
Chief Judge Swain and changed
his plea to guilty. Sentencing
was set for September 29.
Then on August
17, there was a Curcio hearing
on a possible conflict of
interest of Theofrastos'
counsel. Chief Judge Swain,
after questioning the
defendant, said it was of type
that a reasonable defendant
could waived, and she found
the waiver knowing. Watch this
site.
In
detention in
the MCC, David
Georgescu was
forced to
insert his own
catheter due
to an enlarged
prostate, with
anesthesia. On
June 18,
Juneteenth,
his lawyer
wrote to the
Court for
"urgent
assistance in
ensuring that
Mr. Georgescu
is receiving
needed medical
care."
On
August 2,
Georgescu was
again before
the court, and
Inner City
Press again
covered it.
Now Georgescu
is being
appoined a
non-conflicted
CJA counsel on
limited
issue(s); the
AUSA said the
pole camera
video can be
viewed at the
FBI in DC. But
how is
Georgescu
supposed to
see it?
In July
2021, defendant Nikolaos
Limberatos wrote to Chief
Judge Swain stating that he no
longer has confidence in his
assigned lawyers and has
terminated them.
On July 19, this:
"ORDER as to Nikolaos
Limberatos. Karloff C.
Commissiong, Esq. and Carlos
M. Santiago, Esq., are
relieved as CJA counsel for
the defendant. Sanford N.
Talkin, Esq., is now appointed
as CJA counsel for the
defendant in the
above-captioned matter (Signed
by Judge Laura Taylor Swain on
7/19/21)."
Then on July 21,
this: "ORDER as to Nikolaos
Limberatos. Mr. Sanford N.
Talkin, Esq is relieved as CJA
counsel for the defendant. Mr.
Xavier Donaldson, Esq is
substituted as CJA counsel for
the defendant in the
above-captioned matter.
(Signed by Judge Laura Taylor
Swain on 7/21/21)."
On June 8,
2021, one of the
co-defendants Robert
Duczon was up for sentencing.
His lawyer spoke about the
harsh condition in the
Hungarian prison he had
awaited extradition in.
SDNY Chief Judge
Swain acknowledged those
hardships, but noted that a
time served sentence would
create disparities with the
sentencing of others in the
overall case.
Judge
Swain sentenced him to 22
months. The remaining time,
before removal, will be served
in Putnam, it seems. Judge
Swain wished him well.
Now on June 10,
for a co-defendant still in
pre-trial detention in the
MCC, Florian Martin, a request
has been made for a one-month
adjournment of the June 23
conference: "we continue to
engage the government in plea
negotiations and to review
discovery." The US Attorney's
Office consents to the
adjournment. So turn the
wheels.
Inner City
Press will continue to cover
this. The case is US
v.
Constantinescu,
et al.,
19-cr-651
(Swain).
***
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
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: 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
|
,
