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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 26 – The day after fentanyl and China were denounced by all eight GOP candidates in their debate in Milwaukee, two defendants were brought shackled into a federal courtroom in New York, charged with conspiracy to important at least 200 kilograms of fentanyl precursors.  Inner City Press was there. 

  Qingzhou Wang had recently changed lawyers, from a free Federal Defender to retained counsel Daniel Arshack.

Citing the change of counsel, U.S. District Court for the Southern District of New York Judge Paul G. Gardephe set another court date in the future, October 24 at 10 am.

 The Assistant US Attorney described trying to brute-force crack the defendants' cell phones, two each.  

Also charged in the case is the company Hubei Amarvel Biotech Co. LTD, which is unrepresented in the docket like a Last Name Unknown co-defendant also known as Er Yang or Anita.  

 Back on June 28 , counsel to co-defendant Yiyi Chen asked Judge Gardephe, "I've spoken to representatives of the Chinese Consulate. They're here in court today. They'd like to know if they can have a brief non-contact visit with Ms. Chen and the co-defendant if it's okay with the Court and the marshals."

On September 5, now Yiyi Cheng brought in as retained counsel Shaoming Cheng (whose only SDNY case this is).

On October 12, counsel to Qingzhou Wang wrote to Judge Gardephe complaining about the government's delay in providing funds for translations to Mandarin (initially justified by the possible government shutdown). Counsel remains "available" on October 24, though.

On October 24, Inner City Press was on the 7th floor of 40 Foley Square when the two defendants would brought up by elevator, in MDC tan, by Marshals. Afterward, "Status Conference as to Qingzhou Wang held on 10/24/2023... "the parties will submit a joint letter addressing whether appropriate resources at the Metropolitan Detention Center have been made available to Defendant Chen to permit her review of the discovery materials."

On April 8, 2024, Judge Gardephe sent a trial date - in 2025: "ORDER as to HUBEI AMARVEL BIOTECH CO., LTD., Qingzhou Wang, Yiyi Chen, FNU LNU: This case will proceed to trial on January 13, 2025."

On July 23, counsel to Quinzhou Wang wrote to Judge Gardephe that he intends to move for dismissal on entrapment grounds, or for severance. Also envisioned, if dismissal is denied, is an omnibus in limine motion to preclude introduction of Wang's conversations with undercover DEA agents "in English and Spanish but never in Mandarin."

On July 25, Judge Gardephe held a status conference and Inner City Press went, thread:

Judge: The government has had difficulty accessing defendants' electronic devices. Assistant US Attorney: On the iPhones we have 700 pages of communications -  Judge: You can't access the Wang cell phone? AUSA: We keep working to crack it

Judge: Wang projects 3 motions... The co-defandant contests jurisdiction. Both cite entrapment, but that's a matter of fact, for the jury.

Wang's lawyer: Then I'll move to make our entrapment defense a jury instruction. Co-Counsel: We contest the arrest in Fiji, and trsnsfer to Hawai'i then here. AUSA: This was all correctly done by DEA

 AUSA: The corporate defendant targets North America with fentanyl and MDMA or ecstasy precursors. Judge: Defense motions due Aug 26, opposition Sept 26 [During UNGA in corrupted UN] Wang's lawyer: My client is in the SHU, many MDC inmates have knives now

Then counsel said the female defendant, in the female section of MDC, cannot sleep at night due to K2 smoke. Judge Gardephe asked for medical orders he could endorse; counsel wants transfer out of the MDC to Hudson County's facility.

On July 27, counsel to Yiyi Chen put the K-2 in the MDC in writing, and submitted a medical order.

On August 26, Qingzhou Wang through counsel filed motions to strike surplusage from indictment, and to sever. He says Wang "even ran errands fro Mr. Xia, like cleaning the company restroom, buying chairs, etc... Ms. Chen did not always fully translate words or phrases."

On November 18, Judge Gardephe denied severance and heard of discovery and health issues. Inner City Press was there, from the thread

All rise! Judge: There's been a superseding indictment, fentanyl and precursors, and money laundering. How do you plead? Defendants, through Chinese interpreters: Not guilty.

Defense: My client has been unable to view the discovery info in the women's wing of MDC - I'm going to apply for her to get a laptop ["airgapped"] AUSA: That won't necessarily solve it

 Judge: Letter in a week about this. Defense: There's her A1C, and her nose bleeds in the MDC, this didn't happen in China. The air is dry in NY. Judge: Also, a letter on this.

Judge: I deny Wang's motion to sever. Trial is set for Jan 13. Adjourned.

On November 26, Judge Gardephe granted Chen's motion for a laptop on which to review discovery: "ORDER as to (23-Cr-302-3) Yiyi Chen. WHEREAS, the Court and the parties seek to ensure that defendant Yiyi Chen, a/k/a "Chiron" has meaningful access to review discovery and other case materials while detained at the Metropolitan Detention Center, in Brooklyn, New York ("MDC"); and WHEREAS, the Court seeks to ensure that such discovery access does not jeopardize the security and operational interests of the MDC Brooklyn; IT IS HEREBY ORDERED that: 1. Ms. Chen may have access to an "air-gapped" laptop computer (the "Laptop") that is disabled from accessing the Internet, local area networks, or other electronic devices; 2. Upon receipt of an acceptable laptop computer from counsel for Ms. Chen, the Government shall (a) ensure that the laptop is appropriately "air gapped" and compatible with the MDC Brooklyn's security requirements; (b) load the laptop with the non-sensitive discovery in this case."

The case is US v. Hubei Amarvel Biotech Co. LTD, et al., 23-cr-302 (Gardephe)

More details on Substack here

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