By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURTHOUSE, April 21 – Robert Booth is on trial for securities fraud, specifically for his role in an indicted boiler room conspiracy involving Thailand, Cyprus and elsewhere.
On April 18, U.S. District Court for the Southern District of New York Judge Jed S. Rakoff presided over the first day of Booth's trial. Inner City Press was there.
A witness with a heavy Australian accent described speaking by phone with, and investing with, a John Summers and a Robert Miller.
He acknowledged on cross examination he had never seen, or to his knowledge spoken with, the defendant Robert Booth, a/k/a Trevor Nicholas, sitting in the courtroom.
Booth's lawyer inquired into the witnesses recent discussion with the prosecutors, and if the US Attorney's Office hadn't been more interested in Robert Miller than Robert Booth. This gave rise to an objection, which was sustained.
On April 19, the Assistant US Attorney conducted direct examination of the HSI Special Agent who arrested Booth at JFK airport on August 26, 2021 and seized his phone and IDs.
On cross examination, Booth's lawyer got the agent to admit the phone and papers had been on the table in front of Booth. But Booth told the agent that they were his, and the agent said no one else could access the secure interview booth. Move on, Judge Rakoff said. He kept it moving.
On April 20 in court, another agent testified about Cellebrite Premium, saying it is $1000 a search and his agency now has 25 machines.
Out of court, this: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Robert Lenard Booth held on 4/20/2022. AUSA Andrew Jones for the Government and Mindy Bothe of Allen & Overy LLP for defendant Jerome Austin were present. The parties informed the Court that Mr. Austin was previously slated to testify in the ongoing trial pursuant to a non-prosecution agreement, but information subsequently acquired by the Government has led the parties to seek the defendant's arraignment on and plea to a superseding criminal information on this docket. In light of the trial schedule and the parties' need to have the plea taken before the defendant's testimony tomorrow, the Court refers the arraignment and plea hearing to a magistrate judge or to the Part I judge."
On April 21, the first of two cooperating witnesses testified. The second, Jerome Austin, did not appear in Magistrates Court where Inner City Press awaited to cover his plea. Rather, he went before the Part I Judge J. Paul Oetken and was released on $50,000 bond with an August 23 sentencing before Judge Rakoff. He will testify on Monday, April 25.
Judge Rakoff said closing arguments may begin on the afternoon of Tuesday April 26; he noted that he will sit by designation on the Second Circuit Court of Appeals on Wednesday, April 27 and so may begin the trial (and closings) at 11 am on that day.
Also in the air, or at least the motions in limine, is proffered evidence of an earlier boiler room operation. There are co-defendant still awaiting trial: Michael D'Urso, Alyssa D'Urso, Antonella Chairamonte and Jay Garnock.
This case is US v. Booth, 21-cr-652 (Rakoff).
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