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Ex FBI
McGonigal
Pleads Guilty
to Deripaska
Aid and Money
Laundering, 57
- 60 Month
Deal
By Matthew
Russell Lee, Patreon Worth
St Video
SDNY COURTHOUSE,
Aug 15 - In the U.S.
District Court for the
Southern District of New York,
an arraignment was held by
Magistrate Judge Sarah L. Cave
former FBI agent Charles
McGonigal, for helping Russian
oligarch Deripaska in
violation of US sanctions, and
money laundering.
McGonigal,
who'd hired former US Attorney
for the Eastern District of NY
Seth duCharme, pled not guilty
and was given a $500,000
personal recognisance bond
bail deal. Thread below. He
has also been indicted in the
District for the District of
Colombia.
SDNYAugust 15,
2023 guilty plea proceeding,
thread here:
(and video afterward here)
All rise!
Judge Rearden: It
is my understanding Mr.
McGonigal wishes to plead
guilty to an information and
waive his right to indictment.
Is that correct?
DuCharme: Yes.
Judge: The
superseding information
charges you with one count...
conspiring to violate IEEPA
[sanctions] and money
laundering. [The initial
indictment had 5 counts: 2
sanctions counts, 2 money
laundering counts, and a false
statements charge]
AUSA: Here,
there were two objects of the
conspiracy: violation of
IEEPA... and money laundering.
Judge
Rearden: You are being
prosecuted for a separate
offense in the District of
Colombia. Do you understand
that any sentencing could be
consecutive? McGonigal: I do.
Judge
Rearden: I have here a copy of
the plea agreement letter
dated July 14, 2023, signed by
you Mr. McGonigal today,
correct? McGonigal: Yes, your
Honor. Judge Rearden:
You and the US have agreed how
the Sentencing Guidelines
apply to your case...
Judge Rearden:
You have agreed not to appeal
any sentence below 57 to 60
months, correct? McGonigal:
Yes, your Honor. Judge
Rearden: The guidelines are
actually 57 to 71 months. But
the statutory maximum is five
years or 60 months...
Judge
Rearden: The agreements
provides that the Office will
not further prosecute Mr.
McGonigal for IEEPA acts in
2021, except for tax
charges... Has anyone
threatened you to sign this
plea agreement? McGonigal: No.
Judge
Rearden: Tell me what you did.
McGonigal: Thank you for
finally allowing me to be
heard. It has been a painful
process. I appear before you
to reflect on this entire
situation. I am remorseful. I
never intended to hurt the US,
the FBI, my family and friends
McGonigal: I
agreed to collect open source
information about a business
competitor of Oleg Deripaska,
to try to put him on the US
sanctions list. I knew that it
was wrong. I want to thank you
for treating me fairly.
[His voice
breaks]
Judge
Rearden: What is the
government's evidence? AUSA:
Records demonstrating that
Oleg Deripaska was on the
sanctions list, and the Mr.
McGonigal attempted to get him
removed from that list. He had
no OFAC license to perform
these services.
AUSA: There
would be photos of meetings
including Shestakov and
Deripaska's agent in
Manhattan. Money was
transferred via shell
companies to McGonigal. Judge
Rearden: Do you plead guilty?
McGonigal: I do. Judge: I
accept your guilty plea.
Sentencing Dec 14, 1:30
AUSA: We
understand Mr. McGonigal may
intend to use some classified
information in his sentencing
submission -- Judge Rearden:
How would so do that - have
the sentencing in the SCIF?
DuCharme: There may be
material things about the work
he has done for the US
DuCharme:
We'll proffer to the US what
we'd include in a supplemental
classified sentencing
submission. Judge: Bail
conditions are continued. We
are adjourned.
Plea agreement
letter on Patreon here.
For
weeks, a media
spotlight has
been on
Manhattan
District
Attorney Alvin
Bragg,
including
photographers
waiting on
Hogan Place
and
demonstrators
on both sides
in Collect
Pond
Park.
On
April 11,
Bragg reached
south of Worth
Street and
filed suit in
the U.S.
District Court
for the
Southern
District of
New York,
using an
outside law
firm, Gibson
Dunn &
Crutcher
LLP.
Bragg sued not
only Rep. Jim
Jordan and his
Committee but
also his
office's
former
prosecutor
Mark
Pomerantz,
stating that
"Mr.
Pomerantz'
book did not
and could not
waive any
privilege
belonging to
the DA's
Office."
Among
the relief
requests is
"enjoining Mr.
Pomerantz's
compliance
with the
subpoena."
The assigned
District Judge
later issued a
scheduling
order:
"The Court
will hold a
hearing on
Plaintiff's
motion on
April 19, 2023
at 2:00 PM in
Courtroom 18C
of the Daniel
Patrick
Moynihan
Courthouse.
(Signed by
Judge Mary Kay
Vyskocil on
4/11/2023)."
Inner City
Press live
tweeted it,
thread here:
OK
- now Bragg v.
Jim Jordan
argument
- Bragg wants
to enjoin
House
subpoenas,
incl of frmr
ADA
Pomerantz.
All
rise!
Judge
Vyskocil:
Appearances,
please.
Matthew Berry
representing
Jim Jordan...
Todd Tatelman,
for
Congressional
defendants...
Bragg's
lawyer: This
court should
enjoin this
subpoena on
Federalism
grounds, would
harm the State
of NY and the
DA
Bragg's
lawyer
Boutrous: We
have Congress
seeking to
supersede both
DA Bragg and
Judge Marchan
--
Judge
Vyskovil: How?
Boutrous: They
are trying to
conduct
oversight.
Judge
Vyskocil: He's
speaking
generically.
He lists 3
legislative
purposes for
the subpoena
Judge
Vyskocil: They
want to know
if Federal
funds are
being used.
Boutrous:
We've already
given that
information.
Judge
Vyskocil: Then
it will be a
short
deposition.
Hasn't there
been a waiver
of privilege,
Judge
Vyskocil:
Let's go back
to the book.
Boutrous: I
knew you'd ask
me about it...
The Mazars
decision
really changed
things. It
didn't get
enough play --
Judge
Vyskocil:
There's
politics going
on on both
sides here,
right?
Boutrous: I
don't concede
that
Ms.
Dubeck, how
has the
privilege not
been waived in
the book?
Dubeck: It's
the privilege
of my office,
not Mr.
Pomerantz
Judge
Vyskocil: Have
you read the
book? Dubeck:
Yes. Judge
Vyskocil: Do
you think it
violated
privileges?
Dubeck:
Yes. And he
has exposed
himself to
criminal
liability
under the City
Charter. 2606
c - a
misdemeanor, a
former
employee may
not disclose
Jim
Jordan's
lawyer Berry:
Their argument
makes the
reason for
this
legislative
inquiry more
pressing.
Judge
Vyskocil: But
aren't you
making it more
political,
too?
Berry:
The current
president
could be
prosecuted
too. There is
a Federal
legislative
interest
Jordan's
lawyer
Boutrous:
We are no
longer seeking
to block
future
subpoenas. It
is unprecedent
for them to
come after a
local
prosecutor --
Judge
Vyskocil: It
is unprecedent
for a local
prosecutor to
indict a
former
president,
correct?
Boutrous:
We'd like time
to seek a
stay, if you
rule against
us. Judge
Vyskocil: You
started this
ex parte, you
filed an
unauthorized
reply brief.
The timing is
what it is. My
intent is to
rule asap
Bragg's
lawyer: We'll
await your
ruling.
Jordan's
lawyer Berry:
Congress has
the right to
investigate
expenditure of
Federal funds.
Congress has
the power of
the purse.
That's all I
have.
Judge
Vyskocil: I
will get a
decision
published
asap.
The
case is Bragg
v. Jordan, et
al.,
23-cv-3032
(Vykocil)
More
including
analysis on
Substack here
***
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