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In Wirecard Trial of Weigand Inner City Press Challenged Redactions Judge Rakoff Orders Unsealing

By Matthew Russell Lee, Patreon Podcast Order
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, March 15 – The trial of US v. Weigand and Akhavan began before Judge Jed S. Rakoff in the U.S. District Court for the Southern District of New York on March 1. Inner City Press, which has been covering the case including its Wirecard aspects, live tweeted Day 1, here and below.

On March 9 it connected back up to the OneCoin crypto fraud - and the US has explained Hargreaves' phones.

And so on March 10, Inner City Press filed to get DOJ's most recent submission about Hargreaves unredacted. The Court gave until 8 pm on March 11 for response. When it came, at deadline, said justified the redactions as based on Hargreaves' "proactive cooperation."

Inner City Press has submitted a brief reply, including that "Given that government witness Hargreaves has spoken at trial of Wirecard and Jan Marsalek, and of Gilbert Armenta who is already before SDNY Judge Ramos in the OneCoin crypto-currency series of cases, it is not clear that characterizing Mr. Hargreaves' cooperation beyond the two defendants on trial here as "proactive" can justify redacting whole paragraphs.     Nor can inclusion of documents in 3500 production justify redacting portions of judicial documents filed in public criminal trials." 

 Now, after Inner City Press also submitted a reply, on March 15 Judge Rakoff granted Inner City Press' application and ordered the redaction removed by midnight, Order here. (Written opinion to follow in due course). Watch this site.

 On March 2, evidence began - and witnesses with immunity deals. (Tassone's immunity deal is now on Patreon, here). Inner City Press tweeted in Day 2, here.

  Day Four began with news, tweeted by Inner City Press, that a juror had tested positive for COVID, and ended with cooperator Oliver Hargreaves on the stand.

  Day Five, things took off. The remaining 13 jurors all tested negative and when Hargreaves testified, first about fake website for golf equipment and facial cream, he soon turned to the meat: Wirecard and Jan Marsalek, live tweeted thread below. Inner City Press has asked the US Attorney's Office to make available the exhibits, as is done in other cases. So far, nothing. Some live tweets from the thread, here and below.

On March 9, world's collided. Hargreaves on cross examination admitted he and his boss Gary Murphy had dealt with OneCoin crypto-Ponzi money launderer Gilbert Armenta, whom Inner City Press has covered, including exclusive reporting on Armenta's ongoing businesses. Inner City Press retweeted from the cross here and below.

  March 9 ended, after the jury left, with Judge Rakoff admonishing one of Weigand's lawyers not to himself testify, for example that "you left on a flight the same day you arrived") and not to tell the jury that the prosecution would be recommending Hargreaves' sentence to the judge. "That's now how it works in our District."

On March 10, Hargreaves was cross examined, then a Bank of America witness took the stand. Inner City Press live tweeted, here:

Defense lawyer: You used the code, Medical services 8099, for marijuana?

Hargreaves: We thought it was elegant. A consultant proposed it. Defense lawyer: In your second day as a cooperator, you told the US, It didn't work with Paynetics, correct?

Hargreaves: Yes.

Akhavan's lawyer: You told the agents, we tried to do marijuana delivery with Ray, right? Hargreaves: Yes. Akhavan's lawyer: And you didn't say, false, or misleading, or deceptive? Hargreaves: No, sir.

 Re-direct: AUSA: Mr. Hargreaves, part of your cooperation with the government was to give full access to your phones and ProtonMail, correct? Hargreaves: Yes.

 AUSA: Let's put up Government Exhibit 3604. Do you remember this, one of the websites your team designed for the  @Eaze  scheme? Hargreaves: A fictitious website. Ray and Ruben worked on it.

 AUSA: These fraudulent business plans were sent to EUprocessing at ProtonMail dot com - that was Ruben [Weigand], correct? Hargreaves. Yes.

Next witness in US v. Weigand / Eaze / Wirecard was long at Citibank, now at Bank of America, in "payments innovation." Not much time for questions - Judge Rakoff has another proceeding at 4 pm (which Inner City Press also covered.)

The BofA official says, "In the US, we do not do any kind of business with marijuana related businesses." Gov't offers exhibits 2410, 2411. Judge Rakoff: You may step down.

 Judge Rakoff suggests to government they trim their case by a day. Then defense urges that an agent witness tomorrow be trimmed, as not having personal knowledge of the documents.  Judge Rakoff: If you're not contesting authenticity, the janitor would get them in ...

The trial's done for day.

 And still none of the exhibits Inner City Press requested on March 8 and March 9 have been provided. Watch this site.

The case is US v. Weigand, 20-cr-188 (Rakoff).


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