On
OneCoin Scott Seeks More Filing Delay
Until New SDNY Official Says Dilkinska Was
In India
By Matthew
Russell Lee, Patreon Podcast Filing
BBC
- Decrypt
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SDNY COURTHOUSE,
Nov 15 -- For money
laundering for scam crypto
currency OneCoin, lawyer Mark
Scott was convicted by a jury
after testimony by Konstantin
Ignatov and others but was
allowed to remain free on bail
pending sentencing. Sebastian
Greenwood, meanwhile, is in
detention in the MDC and will
wait (at least) a year for a
trial. David Pike got a
lenient six to 12 month plea
deal accepted on October 19,
below.
On
September 21, 2021 there was a
proceeding on and with
Greenwood and Inner City Press
live tweeted it here
and below (and podcast here)
On November 15,
Scott asked for yet more
delay, this time so that
discussions can "continue with
the incoming Chief of the
Criminal Division of the U.S.
Attorney's Office for the SDNY
[Daniel M. Gitner], who is
expected to start later this
month... further evidence
produced by the Government
last week that Irina Dilkinska
was in India on the date of a
supposed meeting with Mr.
Scott that Konstantin had
testified to during trial."
On October 16,
Scott's lawyers told Judge
Ramos, "the Government
conceded that Konstantin had
committed perjury with respect
to one matter (his disposal of
a OneCoin laptop), while
arguing that there was no
evidence that Konstantin had
testified falsely on a second
matter raised in Mr. Scott's
motion: a supposed meeting
involving Mark Scott and Irina
Dilkinska at OneCoin's Sofia,
Bulgaria offices on July 20,
2016. As previewed in our
letter of October 1, 2021
(Dkt. 413), counsel for Mr.
Scott received documentary
evidence that Ms. Dilkinska
was in fact in India at the
time of the alleged Sofia
meeting, which it has shared
with the Government. The
Government has advised that it
is in the process of obtaining
records from foreign
authorities with respect to
Ms. Dilkinska’s travels. The
Government also disclosed on
October 12, 2021 that
Konstantin obtained and used a
contraband cellphone while
incarcerated at the MCC, that
it was seized in late February
2020, and that the case team
was informed of this a year
ago, in October 2020. Mr.
Scott seeks, with the
Government's consent, a two
week extension, until October
29, 2021, for the filing of
his Reply Brief. The parties
also request that the Court
adjourn sentencing, currently
set for November 9, 2021,
until a date convenient for
the Court in early December."
On November 12,
Konstantin's sentencing was
pushed back, way back: "Docket
Annotation as to Konstantin
Ignatov: Rescheduling Notice -
The sentencing control date
previously set for November
12, 2021 has been adjourned to
May 12, 2022 at 2:30 p.m."
On October 19,
Judge Ramos extended things:
"MEMO ENDORSEMENT as to Mark
S. Scott re: [417] Letter on
extension... ENDORSEMENT: Mr.
Scott's reply is now due
October 29, 2021. Sentencing
is adjourned to December 8,
2021 at 2pm."
But on October 29
Scott's lawyer asked for and
got an extension to November
8, stating among other things
that "last Thursday, the
Government provided 10.1 GB
from the contraband cellphone
seized in February 2020 that
Konstantin used while
incarcerated" and saying,
again, that Irina Dilkinska on
July 20, 2016 was not in Sofia
- but rather India.
On October 19,
after many postponements,
co-defendant David Pike
finally pleaded guilty, albeit
only to Count 1 of a
superseding information. Inner
City Press live tweeted it here.
During the
change of plea proceeding,
Judge Ramos did not read out
what the plea deal was, only
that Pike had signed it, on
August 21, 2021. But the deal
is for (only) six to twelve
months, and forfeiture of
$2,099,330. It states name
checks the Fenero Funds, not
OneCoin.
Nor does this.
On October 6, the
prosecutors asked for yet
another delay on Gilbert
Armenta, who as Inner City
Press has exclusively reported
continued his businesses
during this time: "The parties write
jointly to respectfully
request an adjournment of the
sentencing proceeding
currently scheduled in the
above-captioned case at 3:30
p.m. on October 13, 2021. The
parties remain in continuing
discussions regarding various
forfeiture issues, among other
sentencing-related issues. To
permit the parties to continue
engaging in those discussions,
the parties respectfully
request an adjournment of the
sentencing proceeding until
sometime during the week of
December 13, 2021." Watch this
site.
On August
25, 2021 Inner City Press
filed a letter with Judge
Ramos, cc-ing the prosecutors
and Scott's counsel, formally
asking that the motion be
unsealed - still not docketed
as of Aug 30, unlike the
practice of other SDNY judges.
(Now
on
DocumentCloud,
here;
podcast here).
Vlog here.
On
September 13,
counsel for
Mark Scott and
for the US
Attorney's
Office were told
by Judge
Ramos'
chambers (to its
credit),
"Judge Ramos
directs the
parties to
respond
to this
request."
The August 25
letter: Dear Judge
Ramos: This
concerns, in the
above-captioned criminal case
that concerns money laundering
for the OneCoin scheme, the
request to entirely seal a
judicial document requesting a
new trial for the defendant.
The filing(s) should be
unsealed in full, or if the
Court sees fit, in
part. I have
been covering the case for
Inner City Press, see also,
e.g., The Guardian (UK),
November 25, 2019, "In
testimony live-tweeted by the
investigative
journalism website Inner
City Press, Ignatov
reportedly referred to
Abdulaziz as 'one of the main
money launderers' involved in
the scheme."
Yesterday,
Scott's counsel filed a letter
(Dkt 390) requesting a
sentencing adjournment based
on "the need for the Court to
consider and address the
Supplemental Rule 22 Motion
(including the request for an
evidentiary hearing) filed
under seal on August 23,
2021." That motion is a
judicial document, within the
meaning of United States v.
Aref, 533 F.3d 72, 81-83 (2d
Cir. 2008) and Lugosch v.
Pyramid Co., 435 F.3d 110 (2d
Cir. 2006) - it should be made
available.
Inner City
Press routinely files requests
to unseal in this District,
and other Districts -
including as cited in its
March 31 request, here
And Judge Broderick's
docketing of Inner City Press'
request to unseal in US v.
Ashe / Piao, 15-cr-706, Dkt No
999 (Inner City Press letter)
& Dkt 998 (ordering that
sealing be justified or
removed by April 9).
And see,
regarding public access to
allegedly confidential
information, Judge Furman's
recent grant of Inner City
Press request to unseal in US
v. Avenatti, 19-cr-374 (JMF),
Docket No. 134. See also, July
27, 2021, NYLJ,
"Judge Orders Release of
Michael Avenatti's Financial
Affidavits In Stormy Daniels
Theft Case," "Journalist
Matthew Russell Lee of Inner
City Press had intervened,
advocating for the affidavits'
release."
(Now on
DocumentCloud, here;
podcast here).Watch
this site.
Inner
City Press
back on March
13 asked the
US Attorney's
Office Press
Office for its
filings not
yet in the
public
docket.
Here
is Inner City Press' Periscope
video upon leaving the
courthouse. The case is US v.
Scott, 17-cr-630
(Ramos).
***
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