Saturday, November 12, 2022

After Varsity Blues Guilty Verdicts on Gamal Aziz & Wilson Appeal Argument at 1st Circuit

 

By Matthew Russell Lee, Patreon Podcast
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, Nov 7 – In the first of the Varsity Blues college admissions bribery cases to come to trial, on September 14, 2021 in the U.S. District Court for the District of Massachusetts Bruce Isackson, who pled guilty, was cross examined. Inner City Press live tweeted it here (podcast here)

On October 8, 2021 both Gamal Abdel Aziz and John Wilson were found guilty by the jury after some 10 hours of deliberation, on conspiracy to commit fraud and conspiracy to commit bribery involving a school that receives federal funds, USC, and aiding and abetting in fraud and bribery and filing a false tax return.    Gamal Abdelaziz was scheduled to be sentenced in February.

 On February 9, 2022, Gamal Aziz was sentenced to a year and a day, to allow for "good time" sentencing reduction.

On November 7, 2022, his and Wilson's appeals were heard in the First Circuit Court of Appeals. Inner City Press live tweeted it here:

OK - now 1st Circuit appeal in #VarsityBlues college admissions scandal case of Gamal Abdelaziz and John Wilson Counsel: There were no referrals to Isackson, Lori Laughlin, or Abdelaziz... But when you invoke criminal conspiracy law, everything gets swept in.

Q: But couldn't you client be charged with the smaller conspiracy, as to his own children?

A: But there's good faith

Counsel: My client was in Asia on a 12 hour time difference, we're talking about a 30 second conversation. Schools are involved in side doors, back doors - you can get away with one weak manager, but not two. They put Isackson on the stand for more than a day...

Judge: It seemed there was an emphasis on secrecy, no? Counsel: I very much disagree. Singer explained, You shouldn't tell the school that you're doing it with me or they'll just ask you (Wilson) for more money. This was after Singer has turned state's evidence

Judge Sandra Lynch: If you move beyond text to the Skilling narrowing, if you are correct, the remedy is acquittal, not just remand. So please continue.

Counsel: They have no case in all of US history that support their position- Judge: There's the question of 666

Judge Lynch: History is instructive, but we're all into text. Let's look at 1346 & the narrowing construction language from Skilling. One could say that the 1346 language under Skilling is meant to prevent only pre-McNally type claims. Can't find a case like this

 Judge Lynch: We could switch over to Justice Scalia's concerns about due process. Maybe history plays into this, but I tend to think that's a more minor theme. What did Congress intend here. I feel like we're in the law school class debating these issues [Yep]

 Judge: What if we were to send it back for a new trial, and you then file a motion on double jeopardy?

Counsel: I'm not sure double jeopardy would apply -- Judge Lynch: Stop. I don't want you arguing against your client. I'm going to withdraw my question.

 Now DOJ lawyer says, The defendant waived some of these arguments. Consider the money funnel --

Judge: The what?

DOJ: The co-mingling of funds. They routed it through KWF. Bruce Isackson said he understood the comingling could benefit donors with thick tax returns

AUSA: These defendants were involved in editing their kids' essays to match the sports they were using -- Judge: Parents do that all the time. AUSA: Not about sports they haven't played in two years.

Watch this site.

From October 6: Jury Trial Day 19 as to Gamal Abdelaziz, John Wilson held on 10/6/2021. Closing arguments by the Government. Closing arguments by Defendant Abdelaziz. Closing arguments by Defendant Wilson. Rebuttal by Government. Jury Trial Day 20 to resume at 9:00 AM on 10/7/21 with the charge to the Jury. (Attorneys present: Kelly, Sharp, Sheketoff, Maynard, Stearns, Kearney, Wright, Frank, Tomback, Papenhausen, Kendall.)

From September 14: Abdelaziz's lawyer shows that Isackson never met his client. Now playing audio "that the prosecutor skipped over yesterday, it starts on page 65"

On tape, Ryan: Hi mom, I'm just here with Rick & Dad. "Maybe one of the B's can become an A... And he's got soccer."

Ryan: My favorite was probably UCLA... What did you like about it? Ryan: It's a big community, they have good sports there, it would be fun to go to games. Bruce Isackson: His sister goes there, so everything's comfortable.  Ryan: I went to USC with Audrey

 Abdelaziz's lawyer: He's not using his threatening tone there, is he? Bruce Isackson: He is not. Rick (on audio) - If you could be a practice player --

Abdelaziz's lawyer: He wasn't sucking your son into a crime, was he? Bruce Isackson: I don't understand Inner City Press @innercitypress · 1h Abdelaziz's lawyer: You enjoy sports, don't you? Bruce Isackson: I'm a fan.

Abdelaziz's lawyer: And teams use practice players, right? Bruce Isackson: I suppose.  Audio Rick: If I call Jorge, and he's a practice player, it's his whole life, just school and soccer

 Abdelaziz's lawyer: Did you use the word 'scheme' when you talked with the agents?

Bruce Isackson: I think so. Abdelaziz's lawyer: Do you think that is reflected in any of the notes? Return to audio, transcript Page 70: Ryan: UCLA is like in a better location.

Abdelaziz's lawyer: You don't know what a man from Nevada was thinking, do you? Bruce Isackson: A man from Nevada? Abdelaziz's lawyer: My client. You're not a mind reader, are you? Bruce Isackson: No, I am not.

 Cross-examination ends with Isackson acknowledging his 37 month guidelines sentence unless he cooperates like this. AUSA objected to "what the government will do," but judge overruled it. 


On September 13, there was Isackson's direct examinatoin by the AUSA. Inner City Press live tweeted, here:

Isackson  says he paid Rick Singer $250,000 for his daughter Audrew to get into USC as a crew (rowing) recruit. All that was required was a head shot.

Now shown in court: Dec 15, 2017 email from Rick Singer to Audrey Isackson, Bruce and Davina, and "Steve Masera at thekeyworldwide.com , "please keep this hush hush til late March."

Bruce Isackson says Singer promised him a "controlled environment" for testing for Audrey. All he had to show was that she needed more time to process questions.

AUSA: What would happen there? Isackson: The proctor would change the score.

Bruce Isackson: Audrey said she thought she'd done well on her own. Then Rick said, excuse me, She did sh*t.

 AUSA: What score did she get on the ACT?

Bruce Isackson: A 31. We paid $100,000 to the Key Worldwide Foundation, then to Rick and the proctor.

AUSA: Did you take a tax write off?

Isackson: Yes.

AUSA: Did you do it again for your son?

Isackson: Yes. We'd use the same process with Rick.

AUSA: So your son Ryan was going to get into USC as a soccer player. Did he play soccer?

Isackson: Yes.

AUSA: Did he play at a level to be recruited to USC?

Isackson. No. Not even close.

AUSA: Did Rick Singer claim to be a part owner of the Sacramento Kings?

Isackson: He did.

AUSA: Did you believe him?

Isackson: No....

The case is US  v. GAMAL ABDELAZIZ et al., 19-10080-NMG (MAD)

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