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By Matthew Russell Lee, Scope, Podcast

SDNY COURTHOUSE, Sept 22 – As the U.S. Panama Papers prosecution of accountant Richard Gaffey and tax expatriate Harald Joachim von der Goltz moved toward trial, back on May 29 disputes about suppressing files seized from the accountant's office and documents obtained from Panama, Germany and elsewhere overseas came to the fore. See here.

  On February 28, 2020 Gaffey showed up and pled guilty, thread here.

 In July, Harald Joachim von der Goltz  filed a more than 100 page sentencing submission, and the US Attorney's Office has asked for an additional week to respond. The memo has sections on "early business ventures in Germany and Guatemala" (including the brewery Cerveceria del Sur which was stopped when a competitor bribed an employee to over-pasteurize the brew) to "Rain Forest Adventures" and how home confinement would be enough.

  On September 21, this: Harald Joachim von der Goltz was sentenced to 48 months in prison for wire fraud, tax fraud, money laundering, false statements, and other charges.  VON DER GOLTZ, a former U.S. resident and taxpayer, was charged along with Ramses Owens, Dirk Brauer, and Richard Gaffey, a/k/a “Dick Gaffey,” in connection with a decades-long criminal scheme perpetrated by Mossack Fonseca & Co. (“Mossack Fonseca”), a Panamanian-based global law firm, and its related entities.  VON DER GOLTZ previously pleaded guilty to the charges, and was sentenced today by U.S. District Judge Richard M. Berman." He faced 94 to 111 months.

 And now this order of removal: "Upon the application of the United States of America, by Eun Young Choi, Assistant United States Attorney, Southern District of New York and Thane Rehn, Assistant United States Attorney, Southern District of New York; upon the Factual Allegations in Support of Judicial Removal; upon the consent of HARALD JOACHIM VON DER GOLTZ, a/k/a “Harald von der Goltz Nottebohm,” a/k/a “H.J. von der Goltz,” a/k/a “Johan von der Goltz,” a/k/a “Jochen von der Goltz,” a/k/a “Tica,” a/k/a “Tika,” and upon all prior proceedings and submissions in this matter; and full consideration having been given to the matter set forth herein, the Court finds: 1. The defendant is not a citizen or national of the United States. 2. The defendant is a native of Germany and a dual citizen of Germany and Guatemala. 3. The defendant was paroled into the United States at John F. Kennedy International Airport, New York, New York on or about March 22, 2019.

 4. At the time of sentencing in the instant criminal proceeding, the defendant will be convicted in the United States District Court, Southern District of New York, under the following counts: Count One conspiracy to commit tax evasion, in violation of 18 U.S.C. Section 371; Count Two wire fraud, in violation of 18 U.S.C. Sections 1343 and 2; Count Three money laundering conspiracy, in violation of 18 U.S.C. Section 1956(h); Counts Four through Seven willful failure to file Reports of Foreign Bank and Financial Accounts, FinCEN Reports 114, in violation of 31 U.S.C. Sections 5314 and 5322(a), 31 C.F.R. Sections 1010.350, 1010.306 (c, d), and 1010.840 (b); and 18 U.S.C. Section 2; Counts Eight and Nine false statements, in violation of 18 U.S.C. Sections 1001(a)(2) and 2. 5. The maximum sentence of 75 years imprisonment may be imposed for violations of these offenses. 6. The defendant is, and at sentencing will be, subject to removal from the United States pursuant to Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act of 1952 (“INA”), as amended, 8 U.S.C. § 1182(a)(7)(A)(i)(I), as an alien who, at the time of application for admission, was not in possession of a valid immigrant visa reentry permit, border crossing identification card, or other valid entry document required by the INA; Section 212(a)(2)(A)(i)(I) of the INA, 8 U.S.C. § 1182(a)(2)(A)(i)(I), as an alien who has been convicted of a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime. 7. The defendant has waived his right to notice and a hearing under Section 238(c) of the INA, 8 U.S.C. § 1228(c). 8. The defendant has waived the opportunity to pursue any and all forms of relief and protection from removal.  WHEREFORE, IT IS HEREBY ORDERED, pursuant to Section 238(c) of the INA, 8 U.S.C. § 1228(c), that the defendant shall be removed from the United States promptly upon his release from confinement, or, if the defendant is not sentenced to a term of imprisonment, promptly upon his sentencing, and that the defendant be ordered removed to Germany, with an alternate country designated as Guatemala."

 Watch this site.

   From February 28 on Gaffey: including with a forfeiture amount and order for notice despite the Assistant US Attorney saying that the only victim is the IRS: "CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT FOR Richard Gaffey. IT IS HEREBY STIPULATED AND AGREED, by and between theUnited States of America, by its attorney Geoffrey S. Berman,United States Attorney, Assistant United States Attorneys, THANE REHN and EUN YOUNG CHOI of counsel, and the defendant, and his counsel, WILLIAM LOVETT, Esq. and ROBERT BUEHLER, Esq., that As a result of the offenses charged in Counts Two and Three of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $5,373, 609 in United States currency (the "Money Judgment "), representing the amount of proceeds traceable to the offense charged in Count Two of the Indictment that the defendant personally obtained and the amount of property involved in the offense charged in Count Three of the Indictment, shall be entered against the defendant. Pursuant to 32.2(b)(6) (A) of the Federal Rules of Criminal Procedure, the Government shall send notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding."

  Periscope here, Podcast here. The plea agreement is for 94 to 111 months - how much less than that will Gaffey get? The sentencing is set for June 29 at 11 a.m.

Judge Richard M. Berman of the U.S. District Court for the Southern District of New York asked whether the lawyer for initially lead defendant Ramses Owens, sitting on the side of his courtroom, even had the right to make arguments. Owens has not been arraigned or appeared in the case.

  From Panama, using J. Iandolo Law of 13th Avenue, Brooklyn, Owens is disputing the use of his mobile phone records obtained under the US - Panama Mutual Assistance in Criminal Matters Treaty.

   Assistant US Attorney Eun Young Choi argued that some of the US' request for information from other governments are covered by diplomatic privilege. She said, however, that information from and about Germany will be made available to the defendants on June 7.

  Judge Berman set a motion schedule running into August. The lawyer for von der Goltz said he may file a motion to dismiss the wire fraud and money laundering counts claiming that no money ever move through wires. The case is USA v. Owens, et al., 18-cr-00693 (Berman).

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