By Matthew Russell Lee, Patreon Order Podcast Song II
SDNY COURTHOUSE, June 22 - In the Lev Parnas and Andrey Kukushkin jury trial, the first witnesses testified on the afternoon of October 13, 2021. Inner City Press live tweeted it here and here. Vlog here.
They were found guilty, along with a partial mistrial. Then an additional guilty plea by Parnas and on June 29, his sentencing.
In advance of that, docketed on June 22 was Parnas sentencing memo, asking for a time served sentence. While heavily redacted, the memo manages to quote or name-check Adam B. Schiff, Jerrold Nadler and Nancy Pelosi. On a guideline of 63 to 78 months, he wants time served. Watch this site.
On May 13 Kukushkin's lawyers at Clifford Chance filed a letter with Judge J. Paul Oetken asking for his surrender date to be pushed from June 2 to July 1 to make a motion for bail pending appeal to the Second Circuit.
On May 16 the US Attorney's Office opposed this, saying that no substantial legal issue has been identified and that the "certainty of punishment" is important.
On May 17 Clifford Chance replied, that July 1 would still be certain, but that Kukushkin could ensure his son is enrolled in the proper school etc.
On May 18, Judge Oetken granted the extension to July 1: "MEMO ENDORSEMENT as to Andrey Kukushkin (4) granting [328] LETTER MOTION addressed to Judge J. Paul Oetken from Celeste Koeleveld dated May 13, 2022 re: Extension of Voluntary Surrender Date. ENDORSEMENT: Granted. Mr. Kukushkin's surrender date is hereby extended to July 1, 2022. (Signed by Judge J. Paul Oetken on 5/18/2022)."
On March 10, Parnas' lawyer filed this: "LETTER MOTION addressed to Judge J. Paul Oetken from Joseph A. Bondy dated March 10, 2022 re: Scheduling a Change of Plea Hearing for Count Seven of the First Superseding Indictment, and to Appear via Video or Teleconference . Document filed by Lev Parnas. (Bondy, Joseph)."
On March 16, Judge J. Paul Oetken set Parnas' guilty plea for March 25: "MEMO ENDORSED granting [316] LETTER MOTION Exclusion of Time as to Lev Parnas (1)... ENDORSEMENT: Granted. A change-of-plea hearing is hereby scheduled for March 25, 2022."
On March 25, Parnas did in fact plead guilty. Inner City Press live tweeted it, here:
OK - now Lev Parnas set to plead guilty to Fraud Guaranty scheme.
Judge Oetken: What do you take? Parnas: Pain and anxiety medication. Judge: You feel OK? Parnas: Yes. Judge: You know you have the right to a speedy trial on this charge?
Parnas: Yes. [He was convicted, at trial, on other counts]
Judge Oetken: So there's no plea agreement you. You're just pleading to the indictment? A: Yes. AUSA: The defendant was convicted of six other counts. We take no position on the grouping or how they interact.
Judge Oetken: Tell me what you did. Parnas: I agreed with another person to give false information to others about Fraud Guaranty. I used wires. I am sorry. Judge: Thank you. Mr. Roos, is that adequate?
AUSA Roos: I proffer that the representations were material.
Judge Oetken: June 29, 11 am for sentencing. I expect in Courtroom 706 here in 40 Foley Square. Adjourned.
On March 14 amid Ukraine war (that the UN said to not call a war), this: "the unsealing of an indictment against ANDREY MURAVIEV, a/k/a “Andrey Muravyov,” a Russian citizen, charging him with making illegal political contributions as a foreign national, and conspiring to make illegal political contributions as a foreign national in the names of straw donors. Muraviev is charged with conspiring with Lev Parnas, Andrey Kukushkin, and Igor Fruman, and others, who were convicted at trial or have pleaded guilty to these crimes." Inner City Press has uploaded the unsealed indictment to its DocumentCloud here.
In advance of Kukushkin's sentencing on March 15, the US Attorney's Office has argued he should be 51 to 63 months, saying Kukushkin exhibits a "glaring lack of any acceptance of responsibility for the harms he causes to the American public."
Kukushkin's lawyer argued that the US' unsealing of the Muraviev indictment was because he had effectively argued for time served. On March 15, Kukushkin was sentenced to 12 months and 1 day with 3 years of supervised release, and a fine of $10,000. He is to surrender on June 2, 2022.
On January 21 Igor Fruman, who pled guilty before trial, was up for sentencing. Inner City Press live tweeted it here (podcast here) He got a year and day, below.
On March 2, this: "I represent Igor Fruman in the above-referenced case, and I write to respectfully request a 7-day adjournment of Mr. Fruman’s surrender date. Mr. Fruman was sentenced on January 21, 2022 and ordered to surrender on March 7, 2022. Mr. Fruman has received confirmation of his placement at the Otisville Correctional Facility and was prepared to surrender on or before March 7, 2022. As Your Honor may recall, the grandparents of Mr. Fruman’s three children live in Ukraine, and are currently attempting to safely leave the country because of the Russian invasion. Mr. Fruman is assisting them in that regard and has been having multiple communications with them and others over the past several days. We do not anticipate this process will take a long time, but it may not be completed by March 7, 2022. Therefore, we respectfully request that Your Honor allow Mr. Fruman to surrender no later than March 14, 2022 so that he is able to continue to assist in the process of getting his children’s grandparents to safety. I have discussed this request with the government, and they do not object to the proposed 7-day adjournment of Mr. Fruman’s surrender date."
The application was granted, not surprisingly, the next day: "MEMO ENDORSEMENT as to Igor Fruman (2) granting [305] LETTER MOTION addressed to Judge J. Paul Oetken from Todd Blanche dated March 2, 2022 re: 7-day Adjournment of Mr. Igor Fruman's Surrender Date. ENDORSEMENT: Granted. Mr. Fruman's surrender date is adjourned by 7 days. He shall surrender to his designated BOP facility on March 14, 2022, by 2:00 p.m. So ordered. (Signed by Judge J. Paul Oetken on 3/3/2022)."
From January 21 sentencing of Fruman, who pled guilty to "soliciting $1 million in foreign contributions for US candidates." US wants 37 to 46 months. Judge Oetken: I have reviewed Mr. Fruman's net worth statement that you submitted. The parties agreed to a guideline calculation in the plea agreement: 37-46. Probations recommends 14 months. Let's hear from defense counsel
Todd Blanche: The government says that it was the instant offense that led Mr. Fruman and his wife to separate. They did separate in 2017. They're trying to figure things out based on the arrest in 2019. The US downplays the financial damage to Mr. Fruman
Blanche: The Land Rover belongs to his wife. His son drives the Porsche, I've seen it many times, it is not a luxury vehicle. The Cadillac too. He's not in the lap of luxury. Sure he has a nice condo, yes, nice views.
Blanche: But nice condo or not, Mr. Fruman has been on home detention with GPS for 28 months. Does he have business in Ukraine? The brochure they show is from 2008. The financial crisis hit The Ukraine very hard. He has a dilapidated apartment there.
Blanche: The $1 million dollars, it was a loan to Mr. Fruman, not to Mr. Parnas or Kukushkin. Mr. Fruman will have to pay it back to the foreign national. Every time you Google Mr. Fruman it says he was going to flee. He has to live with that. Blanche: The US Attorney initially said the million dollars came from a Ukraine officials. But it didn't. Mr. Correa, for his participation in Fraud Guarantee -- Judge Oetken: That was different. Blanche: He was part of this indictment.
Blanche: Mr. Fruman was in solitary confinement for eight days. That's punishment enough.
Judge Oetken: Mr. Scotten?
AUSA Hagan Scotten: The victim isn't here, but it is - the public is watching this case.
Fruman: I will never appear before you or in another courtroom again.
Judge Oetken: I am ready to sentence under 18 USC 3553(a). This wasn't the Manchurian candidate. It was about a cannabis business. They were clueless.
Judge Oetken: The guideline is 37-46 months; probation suggests 14 months. I agree that a variance is warranted - significant notoriety, some of it unfair. I've decided that 12 months and one day is appropriate. I add the day to permit Good Time credit of 54 days
Judge Oetken: Self-surrender in March. Blanche: Otisville, please. Judge Oekten: I'll make that recommendation. Adjourned.
On October 22, after mere hours of deliberation, the jury found both men guilty on all counts. Inner City Press live tweeted it here and below.
On December 9 Parnas moved for acquittal and a new trial, arguing there was insufficient evidence of a conspiracy to make donations by a foreign national, etc. Inner City Press will report the result(s).
In December Kukushkin sought a seven week delay in sentencing and the prosecutors quickly opposed the request, citing the deterrent effect of timely punishment.
On December 21, this: "ORDER granting in part [281] LETTER MOTION to adjourn sentencing: DEFENDANT KUKUSHKIN'S MOTION TO ADJOURN SENTENCING IS GRANTED IN PART. SENTENCING IS HEREBY ADJOURNED TO MARCH 15, 2022, AT 11:00 A.M. DEFENDANT'S SENTENCING SUBMISSION IS DUE MARCH 1, 2022. THE GOVERNMENT'S SENTENCING SUBMISSION IS DUE MARCH 8, 2022. SO ORDERED. (Oetken, J.)"
Docketed on October 25 was co-defendant David Correia's renewed push for compassionate release. In a ten page handwritten letter Correia, referring to himself in the third person, cited remorse and medical conditions.
On October 27, it was denied: "Correia's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1) is denied. The Government is directed to reach out to FCI Butner to inquire about whether Correia has seen a gastroenterologist and if not, what steps the BOP is taking to ensure adequate care for Correia. The Government is also directed to report back to the Court within two weeks. The Clerk of Court is directed to close the motion at Docket Number 213. The Clerk of Court is directed to mail a copy of this order to Correia at the address below. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/27/2021)." Inner City Press is on the case.
From October 22: Now in US v. Parnas and Kukushkin the jury is coming back, at 2:57 pm. Judge Oetken: Good afternoon. For the record. I've marked Court Exhibit 5 as the verdict 5.
Judge Oekten: I received a note that Juror 11 is the fore person. Then a note at 2:40 pm that the jury has reached a verdict, signed by Juror 11. Bring out the jury.
Judge Oetken: Members of the jury, I've received your notes. Mr. Foreperson have you reached a unanimous verdict? Juror 11: We have, Your Honor. Judge Oetken: Let me review it. (Reads, silently).
Mr. Hampton will now take the verdict. Hampton: Count 1? Juror: Guilty (both) Clerk: Count Two? Juror 11: Guilty. Clerk: Counts 3 and 4? Juror 11: Guilty. Clerk: Count 5 false statements? Juror 11: Guilty. Clerk: Count 6? Juror 11: guilty
On the morning of October 15, before the jury came in, the defense successfully argued to have the jury instructed that the Times Square "street fight / racist" video shown the day before is not relevant and is excluded. Inner City Press live tweeted it here, podcast here.
After that, Adam Laxalt and exhibits fights, which Inner City Press live tweeted here and below. New song here.
On October 18 to 1 pm, there was more cross examiation of Van Rensburg, and the beginning on Caroline Booth. Inner City Press live tweeted here (podcast here) (vlog here)
During the afternoon of October 18, Bondy cross examined Rep Pete Sessions' (now Liz Cheney's) staffer Caroline Boothe, mortgage broker Ross and lawyer / notary Preminger. The question of Parnas testifying arose. Inner City Press live tweeted it here.
On the morning of October 19, an argument out of hearing of the jury about what Parnas could be cross examined about, if he testified. Inner City Press live tweeted it here (and podcast here)
On the afternoon of October 19, Ahearn of America First Action was put on the stand by the defense, with whether Parnas will follow him to the stand still left open. Inner City Press live tweeted here and below.
On October 20 - drum roll - the time for Parnas to decide to testify or not came. And... he did not. Inner City Press live tweeted it here: (and podcast here)
And on October 21, the summations or closing arguments; Inner City Press live tweeted here and here:
now closing arguments in US v. Parnas & Kukushkin Assistant US Attorney Hagen "Sidearm" Scotten: Here is what Ms. Van Rensburg did - exactly what Parnas told her to do. Here are the phone records. Special Agent Thomas found this form in Mr. Parnas' home, for joining Trump's campaign finance committee
AUSA Scotten: Joe Ahearn testified that Parnas knew the rule against foreign nationals contributing. As to Kukushkin, maybe he wasn't interested in the news, but he kept up with what was important to him: cannabis and illegal campaign contributions
AUSA Scotten: Here is Muraviev, mooning the Statue of Liberty. This is who Kukushkin was working with. Kukushkin must have known he was a bad man.
AUSA Scotten concludes with, You'll return the only verdicts supported by the evidence, guilty.
On October 11 Kukushkin asked to exclude a slew of Government Exhibits, full 8-page letter on Patreon here.
On October 5 Judge Oetken held the final pre-trial conference in advance of October 12 jury selection. Inner City Press live tweeted it here and below (podcast here)
Late on October 7 the US Attorney's Office has written to Judge Oetken seeking rulings in advance to admit exhibits including "The Inaugural Committee Articles, the FEC Complaint Article, the Time cover, and the Russian Roots Emails." Full letter on Patreon here. And now, song here.
On September 10, Igor "The Glue" Fruman pleaded guilty. Inner City Press live tweeted it here (with vlog; podcast here)
The case is US v. Parnas, et al., 19-cr-00725 (Oetken).
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