SDNY COURTHOUSE, July 17 – Eliana Bauta who defrauded the NYC Human Resources Administration was admonished and given two years in prison as a sentence on July 17 by
U.S. District Court for the Southern District of New York Judge Valerie Caproni. Brought in shackled and leaving the same way, with a request to serve her time in Alderson, West Virginia, Bauta was harshly criticized at sentencing by Judge Caproni (unlike the love-fest that took place less than an hour later across Pearl Street for college basketball defendant Chuck Person, click here for that).
U.S. District Court for the Southern District of New York Judge Valerie Caproni. Brought in shackled and leaving the same way, with a request to serve her time in Alderson, West Virginia, Bauta was harshly criticized at sentencing by Judge Caproni (unlike the love-fest that took place less than an hour later across Pearl Street for college basketball defendant Chuck Person, click here for that).
Judge Caproni noted that Bauta encouraged others to mislead, and went on the lam to Florida with her boyfriend, leaving her child in New York City. She called the fraud guidelines appropriate, again unlike Judge Preska on Chuck Person, and other SDNY judges. So what now will happen to the lawyer Judge Caproni has admonished in the Bauta case?
Lawyer Justin Levine is in trouble. On June 21 he was arraigned for bringing contraband - cigarettes and allegedly marijuana and a scalpel - to one of his incarcerated clients.
On July 2 in the U.S. District Court for the Southern District of New York courtroom of Judge Valerie Caproni, with Inner City Press the only media present, Levine was given two weeks to explain what Judge Caproni called a lie, or be referred to the SDNY's Disciplinary Committee.
Levine has been representing Geraldine Perez in a case involving bank fraud which Inner City Press has covered since March, here. Levine's sentencing submission included, incongruously, a single page of a handwritten letter. Judge Caproni issued an order that Levine must refile the letter.
Levine did not respond.
When he did, he claimed that "soon after the sentence I left the country for a previously scheduled vacation. While in South America I had no access to my e-mail. I returned on June 27th, whereupon I learned of this Court's orders."
But Levine had been in New York, and himself charged with a crime, on June 21.
Judge Caproni asked him repeatedly who what he had told her was not affirmatively misleading, or a lie. Levine dodged as best as he could, saying he could see why it appeared to be misleading.
Finally Judge Caproni gave him a deadline to explain it all in writing and under oath or she will refer him to the SDNY Disciplinary Committee. More on Patreon, here. Inner City Press will continue to follow this case. , into her courtroom arrived four individuals seemingly unconnected from Nunez' Washington Heights crime. After Nunez' family left following the nine year sentence imposed by Judge Caproni, the four went to the front. It was a US Attorney and and FBI agent, a defense lawyer named Levin and the defendant, Jorge Torrealba. He was soft spoken, waiving his right to be indicted but pleading not guilty. To what? Receipt and possession of child pornography. The government, as it turns out, asked for a continuance to review "mitigation materials." His lawyer asked for more time so he could see a new psychologist, since his last one stopped accepting his insurance. When afterward Inner City Press, the only media present for this proceeding, received the case on Pacer it was truly horrific, including a reference to a two year old, on Kik Messenger. This is the same SDNY where an employee of the West Side Market got five years for ordering up child porn, live, from the Dominican Republic. Should coverage of these proceeding be hindered, or limited to those who choose not to cover it?
On March 15 an NYPD officer who blew the whistle on cheating in promotion exams faced blow-back himself on March 15 in the SDNYJonathan Blatt is asking SDNY Judge William H. Pauley to restore his status as a probationary Lieutenant; the NYPD's lawyer said there are sexual harassment complaints against Blatt. The City's filings says Blatt "is charged with violation of NYPD rules prohibiting sexual harassment and the creation of a hostile work environment. The allegations against plaintiff include comments regarding threesomes and'blumkins,' a particular sexual act, to a female service member."
While some call it a case of the "Bad Lieutenant," Blatt says his termination was retaliation, casting a chilling effect on himself and other officers to challenge the department. Cases going both ways were cited -- HANAC(101 F 3d 877), about the Mayor's decision, and Bartels v. Incorporated Village of Lloyd, 751 F Supp 2d 387 at 397. Judge Pauley reserved decision. The case is Blatt v. City of New York, 19 Civ. 1227 (WHP).
