| Lingat
Guilty of Defrauding IRS Eschewed
Protective Order Asks New Trial Due to
Lawyer
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Nov 29 – Joel Lingat was
charged with conspiracy to
defraud the IRS. His lawyer is
opposing signing a protective
order.
On September 23 U.S. District
Court for the Southern
District of New York Judge
Mary Kay Vyskocil held a
proceeding. Inner City Press
covered it.
The
Assistant US Attorney
described e-mails obtained
from Lingat's employers.
Judge
Vyskocil asked the defense
about it concerns about the
protective order.
The answer was,
they'd like to show some of
the discovery to possible
witnesses, and should have to
tell the government which
exhibits they want to show
that way.
Jump cut to March
11, 2024 - with the trial
looming on April 2, Judge
Vyskocil ruled on the
Government's motions in
limine, noting the scheme to
not pay payroll taxes at
Moshe's Moving. The trial,
she's ruled, is to end by
April 12.
On March 26,
Lingat's counsel wrote in
stating that the 3500 material
provided did not show that
Marylou Palau, Cherry Maglaqui
and others were, in fact,
co-conspirators.
On April 1, Inner
City Press checked in on the
final pre-trial conference.
The defense complained about
wifi, and were told they
cannot sit next to the
swinging gate the jurors will
come in through.
On April 8, on
the witness stand was a man
who as a manager had been
ordered to stamp checks, after
having run a company that
delivered boxes for moving
jobs. He said while he had
concerns about stamping the
checks, he did it from fear of
being fired.
On April 16 the
jury returned a guilty verdict
against JOSEPH EUGENE LEMAY,
a/k/a “Gene Lemay,” and JOEL
LINGAT for criminal tax
conspiracy.
On August 8 Judge
Vyskocil ruled: "as to Joel
Lingat: Defendant Lingat's
sentencing is scheduled for
August 14, 2024 at 2:00 PM.
[ECF No. 184]. Previously, the
Court directed Defendant
Lingat that "defense
[sentencing] submissions are
due two weeks in advance" of
sentencing. [ECF No. 175]
(Sentencing Transcript)
1370:18-21; see also
Individual Rule of Practice in
Criminal Cases 6.B ("Unless
otherwise ordered, a
defendant's sentencing
submission shall be served on
the government and e-mailed to
Chambers no later than two
weeks before the date set for
sentencing."). Despite the
Court's explicit order, and
without courtesy of warning
the Court, Defendant Lingat
untimely filed his sentencing
submissions on August 4 and
August 5, 2024. [ECF Nos. 193,
194]. Defense counsel is
admonished that further
failure to comply with this
Court's orders, Individual
Rules, and Local Rules may
result in sanctions."
Lingat got two
years: "JUDGMENT IN A CRIMINAL
CAS as to Joel Lingat (1). The
defendant was found guilty on
count One, the sole count, of
the S2 Indictment. Any Open
Counts are dismissed on the
motion of the Untied States.
IMPRISONMENT: 24 months. The
Court recommends the defendant
be housed in a facility in
upstate NY or Pennsylvania.
The defendant shall surrender
for service of sentence at the
institution designated by the
Bureau of Prisons: before 2
p.m. on 11/22/2024. SUPERVISED
RELEASE: 2 years. ASSESSMENT:
$100.00 due immediately. FINE:
$20,000.00."
On November 29
Lingat moved for a new trial,
saying prior counsel denied
him effective representation
and a fair trial.
The case is US v.
Lingat, 21-cr-573
(Vyskocil)
***
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