Saturday, December 30, 2023

On SBF Now US Drops 2d Trial on China Bribe & Campaign Finance Charges Bahama$ Gambit


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 29 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," paperback coming (in the morning?) for now, 200 page ebook here.
Soft cover here.

"When at last the Sam Bankman-Fried trial started on October 3, 2023 with jury selection, after Sam had been remanded to the MDC jail, the courtroom on the 26th floor was full, and an overflow room established on the 23rd.  The author went back and forth between them, and down to the Press Room he'd been admitted to after six months of covering cases here, after he was thrown out of the UN...

"He did not know then how it or he would turn out. It could have been called, Crypto Houdini. But it wasn't." And a second trial?

 Well, no. Past 6 pm on December 29, 2023 the US Attorney Office wrote to Judge Kaplan "to provide notice to the Court and the defendant that it does not plan to proceed with a second trial in the above-captioned matter." So no evidence and cross examination about the campaign finance and China bribe counts, no getting to the bottom of who took the money. It is known that officials in the Bahamas, whose request to drop these charges DOJ cited in severing them, took SBF's and FTX customers' money. We'll have more on this. Letter on Patreon here.

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In Honduras JOH Narco Case He Lists His Work for US on Taiwan and Israel Then Redacts


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 29 – After the president of Honduras' brother Tony Hernandez was convicted of drug trafficking and sentenced to life plus thirty years, on April 21, 2022 the ex-president himself, Juan Orlando Hernandez, was extradited to the United States.

[Espanol aqui]

  Inner City Press which covered the trials of Tony Hernandez and Giovanny Fuentes Ramirez immediately published the unsealed JOH indictment, which was returned on January 27, 2022 but left under seal.

On June 29, 2023, the JOH trial was delayed: "Trial is scheduled for February 5, 2024 at 10:00 a.m. in Courtroom 11D.

On November 22, 2023, the US Attorney's Office wrote in to say that while it will arrange for JOH to meet his lawyer in the SCIF the following week, he cannot see classified information there, unlike Joshua Schulte (about whom Inner City Press published a book, Brutal Kangaroo) and Cholo Abdi Abdullah. Letter on Patreon here.

On December 19, as to co-defendant Tigre Bonilla, Judge Castel ruled: "ORDER as to Juan Carlos Bonilla Valladares; The trial of this action has been long set for February 5, 2024. The Court does not anticipate moving that trial date or granting a severance."

On December 20, Judge Castel docketed a partially redacted CIPA order allowing the US to summarize but not give some information deemed classified - order on Patreon here.

On December 29 JOH's lawyer filed a renewed request for discovery, listing as his work for the US opening embassies in Jerusalem and Taipei - and then redacting two items.

The case is US v. Diaz Morales, et al., 15-cr-379 (Castel)

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Brazil Ends 2 Years on UNSC Blocking Press on X and Refusing Written Questions on El Pollo


by Matthew Russell Lee, Patreon Book Substack

UN GATE, Dec 29 – Brazil took over the UN Security Council presidency on October 1, 2023 - while Inner City Press is still banned from the UN, despite its June 19 application.

  Inner City Press thought banned reported on Brazil's October 2 press conference, below. On October 7 amid Gaza - Israel, Inner City Press heard that Brazil claimed it has taking the lead to schedule a Sunday UNSC meeting. Nothing in email - and it emerged that the Brazil Mission has *blocked* Inner City Press on X, photo here

  Now at the end of December, after two years failing on the Council and being hypocrites, the Brazilian team faces out, punching below their weight, and still blocking the Press. From Ambassador Sérgio França Danese through Fabio Coelho to Angelica Silva, no answers. For an ostensibly major country, its two years on the UNSC are an embarrassment.

Watch this site. 

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NJ Man Arrested for Trying to Join Al Shabaab After October 7 Is Detained in SDNY


by Matthew Russell Lee, Patreon Book Substack

SDNY EXCLUSIVE, Dec 29 – A man who left New Jersey to try to join Al Shabaab, inspired or triggered by the October 7 Hamas terrorist attack on Israel and its aftermath, argued to be released on bail on December 29 in U.S. District Court for the Southern District of New York Magistrates Court.

Inner City Press was there, the only media in the SDNY Mag court, and live tweeted, thread:

KARREM NASR, a US citizen, was taken into custody in Nairobi, Kenya on Dec 14, 2023 and was transported to the US yesterday.   Nasr is led in by US Marshals.

All rise! AUSA: He was arrested yesterday at 6 pm. [Does not mention he was "transported" to US from Kenya. He is appointed a Federal Defender. There are no family members here - in fact, Inner City Press is the only civilian here  

Judge: You were unemployed when you went overseas? Basr: I left my job. Judge: You have $1700 in savings and some community college? Nasr: Yes. AUSA: We seek detention. Judge: Is this a presumption case?

AUSA: No. But he is a risk of flight. Federal Defender: We seek release. I've spoken with his parents.  DOJ says Nasr "was particularly motivated to become a jihadi by the October 7, 2023 Hamas terrorist attack in Israel.  NASR warned that “Jihad” was “coming soon to a US location near you,” posting airplane, bomb, and fire emojis 

AUSA: He was arrested at a hotel in Kenya that was previously attacked by Al Shabaab. Judge: He never got very far, he never raised arms   Judge: The Federal Defender will say he romanticized al Shabaab.

AUSA: On his flight back with law enforcement he said he's rather die for his cause then go to prison   Judge: His mother is a citizen of Egypt?

AUSA: Yes. He texted with Egyptian government individuals, about (not) joining the army there. He got a return reservation, but not ticket, to get a Kenyan visa. 

AUSA: The Saipov case shows people can use cars Judge: You know Saipov was my case? He was presented to me.

Federal Defender: He is a 23 year old vulnerable person with autism. He only started with this 6 weeks ago [October 7], it traumatized him 

Federal Defender: He would not flee to Egypt. His parents went to try to get him there Judge: They are divorced FD: Pre-Trial didn't call his father   Federal Defender: He could go back in January to Mercer Community College. 

Judge: I would have to speak with the parents. FD: I want a decision today. 

 AUSA: Even with Internet restriction, he could see the Hamas Israel war in the newspapers, they are still a thing.

 Judge: These are terrorism charges... You chose jihad over studying. I order you detained. 

The case is US v. Nasr, 23-mj-7556 (Moses)

More on Substack here

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Michael Cohen Gave Fake Cases to Lawyer Seeking Supervision End, Unsealing Docketed


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 29 – A month after Michael Cohen testified in the NY Attorney General's lawsuit against the Trump Organization, Cohen on November 29 asked to have his federal supervised released terminated early - calling his state testimony "well received." 

  This is in a filing with U.S. District Court for the Southern District of New York Judge Jesse M. Furman, now on Patreon here.

On December 4, the US Attorney's Office opposed Cohen's request, quoting his state court testimony that he lied to SDNY Judge Pauley. Response letter on Patreon here.

 Inner City Press was in NYS Judge Engoran's courtroom when Michael Cohen admitted to having lied to SDNY Judge William Pauley. (The transcript Cohen annexes misspells it "Pauly.')

LATE of December 8 Cohen new counsel replied, that he was a predicate for the NY AG case against Trump. Full letter on Patreon here

Judge Furman noted a footnote therein, that cases in the first submission could not be verified. Inner City Press tweeted out the Order here.

On December 18 - the day after Inner City Press noted that Cohen's lawyer worked at Gotham Government Relations along with the Obama administration official charged with hate crimes for harassing a halal food truck vendor - Judge Furman issued an order from which it appears there have been seal filings: "ORDER as to Michael Cohen... In light of the upcoming holidays, Defendant shall file any response by December 28, 2023."

But December 28 came and went and nothing in the docket - not Schwartz' pre-December 19 submission, nor anything from Cohen. Inner City Press after 7 pm filed with Judge Furman to unseal all of it, letter on DocumentCloud here.

On December 29 Judge Furman, to his credit docketing the unsealing request, noted that the filings would be unsealed with some redactions. Cohen's second counsel says Cohen gave the fake cases to Schwartz, and that the citations "were produced by Google Bard, which Mr. Cohen misunderstood to be a super-charged search engine, not a generative AI service like Chat-GPT." Oops. We'll have more on this.

Watch this site.

More on Patreon here.

The case is US v. Cohen, 18-cr-602 (Furman)

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Trevor Milton Sentenced to 4 Years for Fraud But Bail for Appeal Now Opposes Forfeiture


w/ Exclusive Interviews by Matthew Russell Lee

SDNY COURTHOUSE, Dec 28 -- In September and October 2022 Trevor Milton, founder of Nikola Motor was put on trial for fraudulent claims about NKLA's hydrogen trucks.

On Friday, October 14, Milton was found guilty on three of four counts.

On November 14, 2023 Milton's counsel  asked for mere probation, contrasting Milton to Elizabeth Holmes and more recently OneCoin's Sebastian Greenwood (whose sealing of sentencing letters Inner City Press has appealed)

On December 11, the US put it its requested sentence for Milton: 132 months or 11 years.

On December 15 Milton claimed there was no loss. On December 17, the US Attorney's Office wrote in opposing Milton's late filed comments on the Pre-Sentencing report, 5 pages on Patreon here.

On December 18, after a surreal speech by Milton, he got four years. Thread here

Judge Ramos: It is my intention to impose a sentence of 48 months on each count, concurrently. I will impose a fine of $1 million.

Judge Ramos:  I'm going to grant bail pending appeal. Experts are frequently challenged and are sometimes wrong

On December 28, Milton's lawyer's opposed the proposed forfeiture - and asked, if Judge Ramos disagrees, that he stay his order, as he did the jail time. Letter on Patreon here.

More on Substack here

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Michael Cohen Filing Used Fake Cases Seeking Supervision End, Inner City Press Bid to Unseal


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 28 – A month after Michael Cohen testified in the NY Attorney General's lawsuit against the Trump Organization, Cohen on November 29 asked to have his federal supervised released terminated early - calling his state testimony "well received." 

  This is in a filing with U.S. District Court for the Southern District of New York Judge Jesse M. Furman, now on Patreon here.

On December 4, the US Attorney's Office opposed Cohen's request, quoting his state court testimony that he lied to SDNY Judge Pauley. Response letter on Patreon here.

 Inner City Press was in NYS Judge Engoran's courtroom when Michael Cohen admitted to having lied to SDNY Judge William Pauley. (The transcript Cohen annexes misspells it "Pauly.')

LATE of December 8 Cohen new counsel replied, that he was a predicate for the NY AG case against Trump. Full letter on Patreon here

Judge Furman noted a footnote therein, that cases in the first submission could not be verified. Inner City Press tweeted out the Order here.

On December 18 - the day after Inner City Press noted that Cohen's lawyer worked at Gotham Government Relations along with the Obama administration official charged with hate crimes for harassing a halal food truck vendor - Judge Furman issued an order from which it appears there have been seal filings: "ORDER as to Michael Cohen... In light of the upcoming holidays, Defendant shall file any response by December 28, 2023."

But December 28 came and went and nothing in the docket - not Schwartz' pre-December 19 submission, nor anything from Cohen. Inner City Press after 7 pm filed with Judge Furman to unseal all of it, letter on DocumentCloud here. Watch this site.

More on Patreon here.

The case is US v. Cohen, 18-cr-602 (Furman)

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Bianca Jagger Whitewashes UN Guterres Despite Sellout of Uighurs and Banning of Press


by Matthew Russell Lee, Patreon Book Substack

UN GATE, Dec 28 –  Bianca Jagger has lost her fastball. In a lengthy Daily Beast piece mostly about her own work throughout the decades, she declares Antonio Guterres her hero for a few canned quote he issued, finger as ever in the wind.

 But she ignores Guterres' silence on China's mass incarceration of the Uighurs, and outright complicity in Cameroon's Paul Biya's slaughter of the Anglophones. (In the worst time, Guterres went to Yaounde and accepted a golden statue from Biya, silent on mass killing in exchange for favors from Biya's Ambassador then chairing the UN Budget Committee.)  

Beyond that, there is Guterres' corruption and lack of transparency. He failed to disclose, when he came into the UNSG post, the money he took in 2016 from the Gulbenkian Foundation, which tried to sell its oil company to convicted bribery CEFC China Energy.  

And then, along with his chief censor Melissa Fleming, Guterres banned Inner City Press which asked about the Gulbenkian - CEFC connection, and complicity in Cameroon. Inner City Press remains banned from the UN, with no response by Fleming to two pro bono law firm letters seeking dialogue. 

Hero? Maybe Bianca Jagger is angling for the same UN Censorship Alliance (UNCA) award that Sharon Stone accepted earlier this month in a garish Casa Cipriani gala Guterres slipped into the backdoor of. Hero.

Watch this site - and the feed of the Free UN Coalition for Access, @FUNCA_info

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Sen Menendez Wanted Trial Delay Citing Speech & Debate Clause but Judge Nixes Delay


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 28 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars from former Mariner's Bank executive Fred Daibes , Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and presumably his wife Nadine Arslanian. This scoop was true.

On September 26, with more and more Democratic Senators calling on Menendez to resign, his Egypt connection Wael Hana was arraigned. He was arrested at JFK Airport, flying in. Inner City Press live tweeted, thread.

On September 27, Menendez himself was arraigned and pleaded not guilty. He was released on $100,000 bond with restrictions on communications with (some) Senate staffers. His wife Nadine, the bond was $250,000.

More on Substack here.

On October 17, Wael Hana wrote in to ask that his GPS be removed as painful, emphasizing his wife's interview with the U.S. Consulate in Cairo and his voluntary return.

On October 18, Hana's bid to have GPS removed was denied. Inner City Press was there, thread

On October 23, in a (very) short proceeding, Menendez pleaded not guilty. Inner City Press live tweeted, thread here

On November 13, Judge Stein extended Hana's curfew to 9 pm, Inner City Press live tweeted

On December 20, Menendez' lawyers wrote in that they want the trial delayed at least two months to July 2024, and previewed that Menendez will be filing a partial motion to dismiss based on the Speech and Debate Clause "which may well result in an interlocutory appeal" - so, more delay. Full letter on Patreon here.

On December 26, the US Attorney's Office filed opposition to any delay, stating among other things that "As the defendants acknowledge in their letter of yesterday (Dkt. 110), the initial 735-terabyte figure they provided for the volume of discovery was erroneous... the defendants’ other assertions regarding the amount of time they allegedly need—such as their desire to take unspecified investigative steps, their plan to file a challenge to the sufficiency of the indictment, their desire to mount a constitutional challenge to a federal criminal statute, and their plan to file suppression motions—are not unique to this case and do not justify a multiple month adjournment." Full letter on Patreon here.

On December 28, Judge Stein denied Menendez' request for delay, on those grounds.

More on Substack here

  Watch this site

The case is US v. Menendez, et al., 23-cr-490 (Stein)

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SEC Terraform Labs Trial on Track As Counts I to III Survive Summary Judgment Motions


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 28 – The SEC's case against  Terraform Labs is moving toward a January 2024 trial. That is, unless summary judgment is granted - arguments were held on November 30.

 On November 17 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweet, thread.

  Five days later, Judge Rakoff barred defense experts Unny and Parlour - and in Montenegro,  the Basic Court in Podgorica approved the extradition of Terra founder Do Kwon, with the destination of the extradition to be made by the Montenegrin justice minister after Kwon serves out his four-month prison sentence in Montenegro for document forgery.

On November 30, there were summary judgment motion arguments. Inner City Press was there and live tweeted, thread

More (Nov 30) on Substack here

On December 28 Judge Rakoff issued a 71 page order that " grants summary judgment for the SEC on Count IV of the Amended Complaint, involving defendants' unregistered offers and sales of LUNA and MIR in violation of Sections 5(a) and (5c) of the Securities Act; grants summary judgment for defendants on Counts V and VI of the Amended Complaint, involving the alleged unregistered offers of and transactions in security-based swaps; and denies both sides' cross-motions for summary judgment on the remaining claims (Counts I-III) of fraud. The Clerk is respectfully directed to close document 71 on the docket of this case. As previously and firmly scheduled, the jury trial of the remaining claims in this case will commence at 9:30am on Monday, January 29, 2024. However, to accommodate other cases before other judges, the selection of the jury to hear the case will occur at 10:00am on the prior Wednesday, January 24, 2024. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/28/2023)"

The ruling also says,  "The Montenegrin authorities did not so oblige, and Kwon thus did not submit a declaration. Kwon now argues that granting summary judgment for the SEC in the absence of such a declaration violates his Fifth Amendment right to procedural due process. That argument wins credit for color, but that is all." Full order on Patreon here

On December 4, counsel to Terra and Do wrote in to Judge Rakoff raising the threat to sanction the SEC (for misleading) by Utah federal Judge Robert J. Shelby in SEC v. Digital Licensing Inc, filing on Patreon here

On November 27, Judge Rakoff ordered whistleblowers' identity and information taken off, among other platforms, CourtListener: "v***SELECTED PARTIES*** ORDER: The Court respectfully directs the Clerk to modify the viewing level to Selected Parties for the documents numbered 103-24 and 103-59 on the docket of this case, so that only attorneys who have entered an appearance in the case for the SEC, Do Hyeong Kwon, or Terraform Labs PTE Ltd. may view these two documents. The Court further directs that unredacted versions of these documents be removed from third party reporting services, including Lexis CourtLink and CourtListener. The Court puts the parties on notice, however, that should this case proceed to trial, the Court will revisit the issue of whether whistleblower names may remain confidential. (Signed by Judge Jed S. Rakoff on 11/27/2023)." We aim to have more on this.

The SDNY criminal case is US v. Kwon, 23-cr-151 (Cronan)

More on Substack here

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 

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