In
OneCoin Case Inner City Press Got Armenta
Guilty Plea Unsealed Now To 29 Jan 2021
By Matthew
Russell Lee, Exclusive Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Oct 16 – As Inner City
Press covered the OneCoin
trial in October 2019, a
number of names of indicted
co-conspirators emerged on
which we followed up.
One of
them was Gilbert Armenta,
who recorded
Ruja Ignatova. Inner City
Press has repeatedly asked the
US Attorney's Office for the
Southern District of New York
for more information; it
continues even now to withhold
the exhibits it flashed on the
screen at trial. Inner City
Press had to file a FOIA
request; the Department of
Justice denies expedited
processing.
Next we reported
this: the US Attorney's Office
gave Armenta his own secret
docket number and kept it
sealed for three years, until
AFTER Inner City Press
exclusively reported on
Armenta's continuing dubious
business activities even while
a "cooperator." The case was
initially assigned to SDNY
Judge Willian H. Pauley III,
then moved to Judge Edgardo
Ramos - who to his credit has
now put an end to continued
extensions, and set a
sentencing date for October
21, 2020. The unsealed
indictment is now on Patreon here.
On October
16 the US asked for yet more
delayed, now to January 2021:
"Re: United States v. Gilbert
Armenta, 17 Cr. 556 (ER) Dear
Judge Ramos: The parties write
jointly to respectfully
request an adjournment of the
sentencing proceeding
currently scheduled in the
above-captioned case at 10:00
a.m. on October 21, 2020. The
parties are 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
approximately late January
2021, with the defendant’s
sentencing submission to be
submitted two weeks prior to
sentencing, and the
Government’s sentencing
submission be filed one week
prior to sentencing."
On October
19, Judge Ramos ruled "The
October 21 sentencing is
adjourned to January 29, 2021,
at 3:30 p.m. SO ORDERED.
(Sentencing set for 1/29/2021
at 03:30 PM before Judge
Edgardo Ramos.) (Signed by
Judge Edgardo Ramos on
10/19/2020)(jbo)." Watch this
site.
As Inner
City Press looked into it
more, documents that were
supposed to be unsealed were
not. In some cases they were
not even docketed. So Inner
City Press wrote to Judge
Ramos, full letter on Patreon
here:
"Dear Judge
Ramos:
On behalf of Inner City Press
and in my personal
journalistic capacity, this is
an application for compliance
with this Court's April 29,
2020 Memo Endorsement, Docket
No. 10 to docket and unseal
materials in US v. Armenta,
17-cr-556 (ER).
While Docket No. 10 has a full
paragraph and one or more
footnotes redacted, it clearly
provides for the docketing and
unsealing of, inter alia, "the
initial pretrial conference
before the Honorable William
H. Pauley III, held on
September 27, 2017" and "the
bail proceeding held before
this Court on March 25,
2020."
But the docket,
viewed today on the PACER
terminal in the SDNY Press
Room, still has nothing from
March 25, 2020. In
fact, it has nothing between
January 17, 2020 (Notice of
Case Reassignment) and April
29, 2020.
Similarly, there is nothing in
the docket from September 27,
2017. Docket Number 14
says that it is a transcript
of a proceeding of that date
before Judge Pauley and that
"transcript may be viewed at
the court public terminal."
But even today, the number
"14" is not a live link, and
the transcript is not
available.
Non-parties such as Inner City
Press and myself have standing
to intervene in criminal
proceedings to assert the
public’s right of access.
United States v. Aref, 533
F.3d 72, 81 (2d Cir.
2008). Here, the
sealing(s) and withholding
here are unacceptable, and go
beyond those requested even in
the Central Intelligence
Agency trial before Judge
Crotty, US v. Schulte, 17 Cr.
548.
In that case, Inner City Press
vindicated the public's right
to know, in the docket, see here and
here.
Inner City Press
recently got even more
sensitive filings unsealed in
a North Korea sanctions case
before Judge Castel, US v.
Griffith, 20-cr-15 (PKC),
Docket No. 33 (LETTER by EMAIL
as to Virgil Griffith
addressed to Judge P. Kevin
Castel from Matthew Russell
Lee, Inner City Press, dated
5/18/2020, re: Press Access to
documents in US v. Griffith,
20-cr-15), 40 (order to
unseal) and 41 unsealed
filings).
Inner City Press and I have
been closely covering the
OneCoin / Mark Scott /
Sebastian Greenwood case(s)
and ask that the above
documents, and all else in
these cases that is not
subject to withholding under
applicable case law be made
available, and that this
request itself be docketed. It
is being copied to the AUSAs
whose redacted April 22, 2020
letter, as endorsed, provided
for this docketing and
unsealing, not yet actually
done as of August 13, 2020."
Some
hours later, without Inner
City Press' application being
docketed, Docket 14 went live
- the guilty plea transcript,
but still with redactions.
Here was Armenta's allocution,
withheld until today, to the
detriment of the public: THE
COURT: Mr Armenta, please tell
me what you did in connection
with each of the crimes to
which you're entering a plea
of guilty.
ARMENTA: "One
Count One, in 2015, I began
doing business with OneCoin,
through my company. I came to
understand that OneCoin was
making false statements in
order to get people to
purchase OneCoin packages or
prevent people who had
purchased these packages to
seek their money back. After
knowing this, I continue to do
things to assist OneCoin's
business, such as by
coordinating the opening up of
new accounts for OneCoin to
receive customers' funds,
international wires were used
in connection with this
activity, and including the
transfer of money through
corresponding bank accounts in
New York." More on
Patreon here.
Now on
August 21, a Protective Order
between the US and Armenta:
"UNITED STATES OF AMERICA - v
. - GILBERT ARMENTA,
Defendant. - x - x PROTECTIVE
ORDER 17 Cr. 556 (ER) WHEREAS,
the United States of America
seeks to provide to the
defendant, in unredacted form,
certain materials that contain
confidential information; and
WHEREAS, the Government is
willing, under the conditions
set forth below, to produce
such materials; IT IS HEREBY
agreed, by and between the
United States of America ,
Audrey Strauss, Acting United
States Attorney , by
Christopher J. DiMase and
Nicholas Folly, Assistant
United States Attorneys, and
defendant Gilbert Armenta, by
and through his attorneys,
Marc Weinstein, Esq. and Dina
Hoffer, Esq ., that : 1. The
Government will designate and
identify as "Confidential" any
material containing
confidential information
("Confidential Material"). The
Government may also designate
certain material for review
only by the defendant ' s
counsel , i . e ., on an
"attorneys' eyes only" basis
("AEO Material " ) . 2 .
Confidential Material
disclosed to the defendant or
to his counsel during the
course of proceedings in this
action : Case 1:17-cr-00556-ER
Document 20 Filed 08/21/20
Page 1 of 4 (a) Shall be used
by the defendant and his
counsel only for purposes of
the defense of this action ;
(b) Shall be maintained in a
safe and secure manner solely
by the defendant ' s counsel ;
shall not be possessed by the
defendant, except in the
presence of the defendant ' s
counsel ; 1 and shall not be
disclosed in any form by the
defendant or his counsel
except as set forth in
paragraph 2(c) below ; (c) May
be disclosed by the defendant
or his counsel only to the
following persons (hereinafter
"Designated Persons") (i)
investigative, secretarial,
clerical, and paralegal
student personnel employed
full-time or part- time by the
defendant ' s counsel ; (ii)
independent expert witnesses,
investigators, advisors, or
litigation support seryice
providers retained by the
defendant ' s counsel in
connection with this action ;
(iii) such other persons as
hereafter may be authorized by
the Court upon motion by the
defendant ; and (d) Shall be
returned to the Government
following the 1 In light of
the ongoing COVID-19 pandemic
, this Order contemplates the
sharing of materials by
defense counsel with the
defendant through the use of
videoconferencing software
and/or other secure electronic
means, so long as appropriate
safeguards are in place to
ensure that the defendant
cannot and does not record or
otherwise copy the materials
and thereby take the materials
into his own possession in
violation of this Order....
3 . The defendant
and his counsel shall provide
a copy of this Order to
Designated Persons to whom
they disclose Confidential
Material pursuant to paragraph
2(c) . Prior to disclosure of
Confidential Material to
Designated Persons, pursuant
to paragraph 2(c) , any such
Designated Person shall agree
to be subject to the terms of
this Order by signing a copy
hereof and providing said copy
to defendant ' s counsel , who
shall retain it during the
course of the proceeding . 4 .
The provisions of this Order
shall not be construed as
preventing the disclosure of
any Confidential Materi al in
any motion , hearing , trial,
or sentencing proceeding held
in connection with the above
-referenced action or to any
District Judge or Magistrate
Judge of this Court , or any
appellate court , for purposes
of the above - referenced
action . 5 . With respect to
Confidential Material , any
filings with any court shall
be governed by Rule 49.1 of
the Federal Rules of criminal
Procedure . 6 . AEO Material
shall be prominently marked
"Attorneys' Eyes Only ." AEO
Material shall not be
disclosed in any form,
including but not limited to
orally disclosing such
information, to defendant
Gilbert Armenta or to anyone
else beyond defense counsel.
If counsel for the defendant
determines that the AEO
Material is material and
relevant to the defense of
their client and requires
counsel to share the
information subject to this
protective order with their
client, counsel for the
defendant reserve the right,
on notice to the Government,
to seek permission from the
Court to do so. Dated: AGREED
BY: New York, New York August
2020."
Here are the
Armenta business moves Inner
City Press exclusively
reported on December 1, 2019,
here:
ESOL B.V.
LLC was incorporated on July
8, 2019; the manager is
Gilbert Armenta and the agent
is Giselle Valentin, both of
500 E. Broward Boulevard, PH
2, Fort Lauderdale, FL 33394.
See here.
And here.
Armenta's Tblisi,
Georgia-based money laundering
bank JSC Capital Bank had as
its parent a company of
exactly this name. See KPMG
review of Georgia banking
sector here.
More on Armenta's ongoing
companies on Patreon here.
Inner City
Press asked, on December 1,
2019: Is the US Attorney's
Office allowing its cooperator
to keep on money laundering?
Or looking the other way while
whatever cooperation agreement
exists is openly violated?
Perhaps these and other
quesitons will be answered in
connection with Armenta's
sentencing in the too long
seal case against him. Watch
this site.
More on Patreon here.
***
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