By Matthew Russell Lee,
BBC - Guardian UK - Honduras - ESPN
SDNY COURTROOM Exclusive, Dec 13 – In the U.S. District Court for the Southern District of New York on September 9, a detention hearing was held by Magistrate Judge Steward D. Aaron on Kimy Hakim, who was arrested on August 6 in Georgia and then spend a month being transported to SDNY.
But there's more. It emerged during the detention - or, as it happened, bail -- hearing that Hakim was previously arrested in Kenya. Inner City Press, the only media in the SDNY Mag Court, dug it up: "NAIROBI, October 13, 2008 – An American man was on Monday afternoon charged before a Kibera Court with trafficking cocaine worth about Sh8 million. Timy Hakim who was arrested on Sunday at Jomo Kenyatta International Airport as he was boarding a plane heading for Italy appeared before Kibera Chief Magistrate, Maureen Odera and denied trafficking in 1.9 kilograms of cocaine. His lawyer Cliff Ombetta applied for bail, but the prosecution objected claiming Mr Hakim might abscond."
In fact, it seems he did. Mr. Hakim, described as of Lebanese descent and having grown up in Senegal, is listed as having businesses in Benin and well as South Africa - and with getting a COVID Paycheck Protection Program loan of over $20,000, here. That's not the charge, though.
The Assistant US Attorney, mentioning not PPP but wire fraud and money laundering, urged the detention of Timy Hakim.
But Hakim's Federal Defender Ian Marcus Amelkin said he makes music videos for "African artists" and can live with his parents in Dearborn, Michigan.
In the nearly empty Magistriates court on Thursday evening, Hakim had a sort of mohawk dyed yellow, and got a new blue Covid mask.
As of November 2019 in South Africa, this: "Dear Timy Hakim, You walked out without paying your bill and refused to leave at check out time. You inconvenienced one of our arrival guests by leaving your room 3 hours late. Your childish and hysterical display at our reception desk was recorded and we reported you to the police for theft and damage to our room. You are not welcome back in this establishment nor are your dubious friends who have also been recorded."
Judge Aaron returned from a session with Pre Trial Services and said he would release Rivera on a $200,000 Personal Recognisance Bond, to be secured by $100,000 in cash or real estate - which he clarified could be the parents' home "if there is enough equity in it."
As of October 12 he had not been released, pending full "perfection" of the bond - the posting of the lien. His Federal Defender asked Magistrate Judge Netburn for release, stating "over the weekend, conditions at the MDC deteriorated significantly. Due to electrical work, inmates were left with no water, spotty electricity, no hot food and a lack of adequate staff at the facility."
On October 13, Judge Sarah Netburn granted the request, and money to travel: "TRANSPORTATION ORDER as to Timy Hakim: it is hereby ORDERED that the United States Marshals Service furnish Timy Hakim with funds to cover the cost of travel between New York, New York and Dearborn Heights, Michigan following the satisfaction of his bail conditions, to travel on Wednesday, October 13, 2021 no earlier than at 12:30pm; and it is hereby further ORDERED that the aforesaid expenses shall be paid by the United States Marshals Service. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/13/2021)." See also, the strange case of US v. Johnson / John Doe, here.
On October 19 the US Attorney's Office asked now assigned Judge Lewis J. Liman to sign an order removing the requirement of confession of judgment, which they say is strongly disfavored in Michigan, for the subject premises, 26360 Timber Trail, Dearborn, MI 48127.
We aim to have more on this.
A hearing was set, and here's what happened: "Defendant, Timy Hakim (on bail) present by video. All parties consent to proceed with the hearing remotely by zoom video conference, as per the CARES Act enacted due to the COVID-19 pandemic. Defendant waives right to in-court appearance. The Court heard from both parties regarding (Dkt. No. 27) defendant's motion for modification of bail conditions. The Court denied defendant's application to modify bail conditions from home detention to curfew. The Court will approve a modification of bail conditions to give the Pretrial Services Officer authority for essential or discretionary review to permit defendant to be away from home upon proof as to where he will be and upon receiving prior permission from the Pretrial Services Officer. Motion schedule and tentative trial date to be set at the next conference."
This case is US v. Hakim, 21-cr-259 (Liman).
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