By Matthew Russell Lee, Patreon Video
SDNY COURTHOUSE, April 21 – Former NBA players Sebastian Telfair, Terrance Williams, Anthony Allen and 15 others former players were named in an indictment unsealed on October 7, 2021 for defrauding the NBA health fund, in Telfair's case, for $350,000.
Telfair nevertheless got a publicly funded lawyer. Inner City Press was there, in U.S. District Court for the Southern District of New York Magistrates Court and live tweeted it here and below(street video here)
On August 26, 2022 lead defendant Williams pleaded guilty, to a plea agreement that he will not (and now cannot) appeal any sentence 145 months or less. Plea agreement on Inner City Press' DocumentCloud here.
Set for unsealing on March 31, 2023: "as to Ronald Glen Davis... the Court finds that the disclosure letters are not judicial documents because they are "discovery documents that are not yet implicated in judicial proceedings." Newsday LLC v. Cnty. of Nassau, 730 F.3d 156, 166 (2d Cir. 2013) ("The mere fact that a dispute exists about whether a document should be sealed or disclosed... cannot ipso facto create a presumption of access." Id. at 167.). Nevertheless, the Court finds that the Government has failed to demonstrate that the disclosure letters were appropriately designated as confidential pursuant to the terms of the protective order entered in this matter. See Protective Order, Dkt. 165 2, 3 (describing the standards governing confidential and highly confidential designations). The Government asserts that the confidential designations are required to "protect[] potential witnesses from harassment and... safeguard[] the Government's ongoing investigation." Gov. Reply, Dkt. 880 at 2. Potential witnesses and other third parties can be adequately protected by redacting any information that may identify them while appropriately permitting public access to the remainder of the documents. The Government does not identify any threats specific to its ongoing investigation beyond the threat to potential witnesses or third parties. Id. The Court further notes that if the disclosure letters were "materials concerning the Government's ongoing investigation," the appropriate confidentiality designation would have been "Attorneys' Eyes Only" pursuant to the terms of the Protective Order, not "confidential" or "highly confidential." Protective Order 4. In short, the Government has not demonstrated that the confidentiality designations were appropriate because it has not shown that the disclosure letters in their entirety implicate "the privacy and confidentiality of individuals or entities." Id. 2, 3. The Government is ordered to limit the confidential designations to the names and identifying information of witnesses or third parties, and to file redacted versions of the letters dated September 18, 2022 and February 21, 2023, on the public docket by March 31, 2023." Watch this site.
On April 21, 2023 there was a pre-trial conference as to William Bynum (6), Ronald Glen Davis (7), Darius Miles (11), William Washington (21). Inner City Press live tweeted it, thread here:
Counsel for William Washington: We need access to the discovery --
Judge: I have received that report from Ms. Greenwood [the Coordinating Discovery Attorney in this and other cases]
Counsel: The problem is the Merlin software.
Judge: I can't force the US to turn over the 3500 material early. You could try to turn up the charm [joke] Counsel: It's pushing into the area of being ineffective to your client. We'd like you to encourage them to produce it early.
Judge: Let's talk about the timing of the trial. There's a terrorism trial [Inner City Press is also covering it, in DDC, here] with a lot of foreign witnesses; there's a need for delay and another judge asking to be accommodated. I will. So...
AUSA: We have a root canal expert...
Judge: Nov 13. But hold Oct 30 open, depending on an Arizona case with an undercover... Expert disclosure by May 26.
On January 30, 2023, co-defendant Milton Palacios was up for sentencing. Judge Valerie E. Caproni noted that he had made, according to the public record, $4.9 million in his NBA career but now owes tax liens. She sentencing him to time served with a $20,000 fine - and a financial literacy class with a two page letter to her.
On February 15, Judge Caproni approved Palacios for travel to Puerto Rico to coach: "dated February 14, 2023 re: Travel for Employment.... For the reasons explained below, we write to respectfully request that the Court issue an order allowing Mr. Palacio to relocate to Puerto Rico so that he can commence his upcoming employment as an assistant basketball coach for the Guaynabo Mets in the Puerto Rican professional basketball league. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/15/2023)."
Meanwhile this: "ORDER as to Sebastian Telfair. IT IS HEREBY ORDERED that a bail review hearing is scheduled for Friday, February 17, 2023 at 11:30 A.M. The hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. (Bail Review Hearing set for 2/17/2023 at 11:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/1/23)."
Inner City Press went to the courtroom at that time. Judge Caproni, just finished with a sentencing in the case, told Telfair, I do not want to remand you but I would. She told Telfair to be sure to comply with his conditions, including drug treatment; she noted he was already showing up for mental health treatment. She asked Telfair, What will happen if you do not comply? "You're going to put me in jail," Telfair replied. Judge Caproni nodded and wished him well.
Later that day, this: "Minute Entry for proceedings held before Judge Valerie E. Caproni:Status Conference as to Sebastian Telfair held on 2/17/2023. Defendant Sebastian Telfair present with attorney Deborah Colson. AUSA's Ryan Finkel and Daniel Nessim present. Pretrial Officer Viosanny Harrison present. Court Reporter Sadie Herbert present. Defendant ordered to comply with meeting with his Pretrial Officer. Defendant bail conditions continued."
And on March 15 he pled guilty: "Minute Entry for proceedings held before Judge Valerie E. Caproni:Change of Plea Hearing as to Sebastian Telfair held on 3/15/2023. Defendant Sebastian Telfair present with attorneys Deborah Colson and Bernarda Villalona. AUSA Daniel Nessim present. FBI Agent Michael Coughlin present. Defendant's plea of NOT GUILTY withdrawn and a plea of guilty entered as to Count 1 of the of S7 Superseding Indictment. The Court accepted the plea. Bail conditions continued. Sentencing set for August 1, 2023 at 11:00 a.m. Submissions due July 18, 2023. PSR ordered."
Watch this site.
Back on November 29, co-defendant Anthony Allen filed a request to unseal documents the US Attorney's Office has labeled "confidential," which Allen's counsel describe as containing "statements made by counsel for the NBA Plan... explaining that the money allegedly stolen belonged to the players themselves."
Judge Caproni has ordered that "[t]he Government must file its response to Defendant's unsealing request in a letter not to exceed two single-spaced pages."
When the US Attorney's Office filed, it said it "does not oppose unsealing portions of the letters marked as Exhibits A and B... filed under seal."
Jump cut to January 13, 2023. Anderson had missed a December court appearance, and sent letters to Judge Caproni asserting he is no subject to her or US authority. He was arrested on a warrant, and arrested in Westchester County Detention Center via Grady, Oklahoma. His lawyer argued at length for him to be released, but his letters were cited by Judge Caproni to keep him in detention. Will the sentencing have to be pushed back? Watch this site.
The case is against 18 former NBA players "for defrauding the NBA’s Health and Welfare Benefit Plan out of approximately $4,000,000." It was been assigned to SDNY District Judge Valerie E. Caproni.
Telfair walking away from photographers after court, photo by Matthew Russell Lee 10/7/21
The line up: Indictment charging TERRENCE WILLIAMS, ALAN ANDERSON, ANTHONY ALLEN, DESIREE ALLEN, SHANNON BROWN, WILLIAM BYNUM, RONALD GLEN DAVIS, CHRISTOPHER DOUGLAS-ROBERTS, a/k/a “Supreme Bey,” MELVIN ELY, JAMARIO MOON, DARIUS MILES, MILTON PALACIO, RUBEN PATTERSON, EDDIE ROBINSON, GREGORY SMITH, SEBASTIAN TELFAIR, CHARLES WATSON JR., ANTOINE WRIGHT, and ANTHONY WROTEN with conspiracy to commit health care fraud and wire fraud, in connection with a scheme to defraud the National Basketball Associations (“NBA’s”) Health and Welfare Benefit Plan out of nearly $4,000,000. TERRENCE WILLIAMS is also charged with aggravated identity theft in connection with the same scheme. The case is assigned to U.S. District Judge Valerie E. Caproni.
The positions: WILLIAMS and WROTEN will be presented in the Western District of Washington. DAVIS will be presented in the Central District of California. SMITH will be presented in the Eastern District of California. PATTERSON will presented in the Northern District of Ohio. MOON will be presented in the Northern District of Alabama. BYNUM and ELY will be presented in the Northern District of Illinois. MILES will be presented in the Middle District of Florida. ANDERSON, WATSON, and WRIGHT will be presented in the District of Nevada. BROWN will be presented in the Northern District of Georgia. DESIREE ALLEN will be presented in the Western District of Tennessee. TELFAIR will be presented in the Southern District of New York before U.S. Magistrate Judge Katharine H. Parker.
The case is US v. Williams, et al., 21-cr-603 (Caproni)
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