| On
Polar Air
Cargo Fraud
Charge
Winkelbauer
Got 4 Years US
Wants Year
& a Day on
Co-D
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Sept 17 – The US Attorney's
Office announced on April that
it had charged Pat Lau and
others "in connection with a
massive scheme to defraud
Polar Air Cargo Worldwide,
Inc., a leading cargo airline,
of tens of millions of dollars
in revenue and the honest
services of its
employees."
On April
12, 2023, U.S. District Court
for the Southern District of
New York Magistrate Judge
Sarah L. Cave held a
presentment of and bail
hearing on Lau. Inner City
Press went and covered
it.
The
Assistant US Attorney
announced they had agreed to
release Lau on $250,000
unsecured bond, with travel
including Connecticut, where
Lau owns a business.
He will have to
turn in his Hong Kong ID card
on April 13. The next date is
May 4 before the assigned
District Judge Jesse M.
Furman.
Jump cut: A
change to plea (to guilty)
proceeding for Lau was
scheduled for January 23, 2024
at 3 pm.
From the
announcement: "the unsealing
of a four-count Indictment
charging LARS WINKELBAUER,
ABILASH KURIEN, CARLTON
LLEWELLYN, ROBERT SCHIRMER,
SKYE XU, BENJAMIN WEI, a/k/a/
“Ben Wei,” ALVARO LOPEZ,
FABIOLA CINO, ORLANDO WONG,
and PATRICK LAU, a/k/a “Pat
Lau,” in connection with a
massive scheme to defraud
Polar."
On August 2,
Judge Furman docketed that he
referred to presentment and
arraignment of Lars
Winkelbauer, now in from
Thailand, to the duty
Magistrate Judge (this week,
James L. Cott), with a
pre-trial conference set for
July 23, 2024 at 3 pm and FIRM
trial date October 28, 2024.
On August 3,
Judge Furman responded
affirmatively to a US request
that, with its bail agreement
for $750,000 bond secured by
$100,000 cash, a certified
check be accepted by the clerk
even if Winkelbauer is not
presented under after 5 pm on
August 4" - to avoid spending
the weekend in jail. Letter on
Patreon here
Inner City Press
in its August 3 story asked,
Bailing a defendant who had to
be extradited in? Risk of
flight?
On August 4 at 5
pm Inner City Press was there,
the only media in the Mag
court - and it happened, he
was released. Thread
On August 10,
Winkelbauer's lawyers wrote to
Judge Furman that on August 11
he "will be residing in the
Western District of Louisana."
This was granted, despite a
reminder to provide 48 hours
notice.
On October 18, it
emerged that co-defendant
Schirmer is moving toward a
guilty plea: "SCHEDULING ORDER
as to Robert Schirmer: The
Court has been advised that
the Defendant may want to
enter a change of plea.
Accordingly, the parties shall
appear for a conference with
the Court on October 24, 2023
at 11:00 a.m."
Then on October
23, another domino:
"SCHEDULING ORDER as to
(23-Cr-133-6) Benjamin Wei.
The Court has been advised
that the Defendant may want to
enter a change of plea.
Accordingly, the parties shall
appear for a conference with
the Court on October 26, 2023
at 2:15 p.m."
On October 24,
Schirmer followed through:
"guilty plea today of ROBERT
SCHIRMER in connection with a
massive scheme to defraud
Polar Air Cargo Worldwide,
Inc. (“Polar”), a leading
cargo airline, of tens of
millions of dollars in revenue
and the honest services of its
employees. SCHIRMER is
scheduled to be sentenced on
February 13, 2024, at 3:00
p.m"
Schirmer's plea
agreement has a sentencing
guideline of 46 to 57 months.
On November 6,
Alvaro Lopez showed up
unannounced in Magistrates
Court to plead guilty. Inner
City Press was there. It was
read in open court that he
might get a cooperator's 5K
letter, after the October 2024
trial. His wife pled guilty
after him.
On December 27,
former AUSA counsel to Fabiola
Cino wrote in that the SDNY US
Attorney's Office is fine with
Ms. Cino traveling to Lima,
Peru from January 12 to 26 to
attend to her parents.
On January 5,
another guilty plea and
delayed sentencing in the
case: "Minute Entry for
proceedings held before Judge
Jesse M. Furman: Change of
Plea Hearing as to Orlando
Wong held on 1/4/2024.
Defendant present (on bail)
Waiver of Indictment signed by
defendant. S5 Superseding
Information filed. Defendant
withdraws previously entered
not guilty plea and enters a
plea of GUILTY to Counts 1-3
of the S5 Information.
Sentencing control date:
11/8/2024 at 3:00 pm. The
Governments sentencing
submission is due two weeks
before sentencing. Defendants
sentencing submission is due
one week before sentencing.
(ab)
On January 9,
2024, another co-defendant got
his sentencing (much) delayed:
"as to Benjamin Wei (6) on
[177] LETTER MOTION re
Adjournment of February 2,
2024 Sentencing Date:
Application GRANTED. The
sentencing control date is
hereby ADJOURNED to November
8, 2024, at 3:00 p.m. The
Clerk of Court is directed to
terminate Doc. #177. SO
ORDERED. (Signed by Judge
Jesse M. Furman on 1/8/2024)."
Are these all just control
dates?
On February 16,
2024, the lead named defendant
prepared to plead guilty:
"SCHEDULING ORDER as to Lars
Winkelbauer: The Court has
been advised that the
Defendant may want to enter a
change of plea. Accordingly,
the parties shall appear for a
conference with the Court on
February 29, 2024 at 10:00
am."
On February 28:
"before Judge Jesse M. Furman:
Change of Plea Hearing as to
Abilash Kurien held on
2/28/2024. S8 Superseding
Information filed. Defendant
withdraws previously entered
not guilty plea and enters a
plea of GUILTY to Count 1 of
the S8 Information. PSR
ordered. Sentencing is
scheduled for 7/23/2024 at
2:30 pm"
On February 29
"WINKELBAUER pled guilty today
to conspiracy to commit wire
fraud and money laundering
before U.S. District Judge
Jesse M. Furman, and KURIEN
pled guilty yesterday to the
same offense."
On May 17,
Winkelbauer asked for a 24
month sentence, with the date
set for May 30.
On May 21, an 18
month sentence was imposed on
co-defendant Patrick Lau:
"JUDGMENT IN A CRIMINAL CASE
as to Patrick Lau (10). Date
of Imposition of Judgment:
5/21/2024. The defendant
pleaded guilty to Count Count
1s of the S7 Information.
Imprisonment: 18 months;
Supervised Release: 3 years;
Restitution: $6,108,849.00
(Signed by Judge Jesse M.
Furman on 5/21/2024)."
On May 23, the US
Attorney's Office asked for 60
months on Winkelbauer, set for
sentencing on May 30.
On May 30,
Winkelbauer got 48 months,
minus his time in detention in
Thailand: "JUDGMENT In A
Criminal Case (S9
23-Cr-133-1). Date of
Imposition of Judgment:
5/30/2024. Defendant Lars
Winkelbauer (1) pleaded guilty
to Count(s) 1s, of the S9
Information. Count(s) All open
counts are dismissed on the
motion of the United States.
IMPRISONMENT: 48 months (with
the understanding that the
defendant will be credited by
the BOP for his time in
custody in Thailand)"
On August 13,
co-defendant Robert Schirmer
asked for a non-custodial
sentence of home detention.
On August 27
Schirmer was sentenced:
"Robert Schirmer pleaded
guilty to count 1 of the S1
Information. All open counts
are dismissed on the motion of
the United States.
IMPRISONMENT: 18 months. The
court makes the following
recommendations to the Bureau
of Prisons: The Court
recommends that the defendant
be designated to low security
at FCI Butner, if possible, to
maintain his family ties. The
defendant shall surrender for
service of sentence at the
institution designated by the
Bureau of Prisons: before 2
p.m. on 10/10/2024. SUPERVISED
RELEASE: 3 years during which
you are to perform 200 hours
of community service as
approved by Probation. See
ADDITIONAL SUPERVISED RELEASE
TERMS. ASSESSMENT: $100.00 due
immediately. RESTITUTION:
$9,340,729.00."
On September 17
the US Attorney's Office wrote
in asking for a year and a day
on co-defendant Llewellyn, on
September 24.
More including
comparisons on Substack here
Watch this site.
The overall case
is US v. Winkelbauer, et al.,
23-cr-133 (Furman)
***
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