Friday, November 10, 2023

Charged with Polar Air Cargo Fraud Lopez Pleads Guilty With Cooperation Deal Dangled


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 7 – The US Attorney's Office announced on April that it had charged Pat Lau and others "in connection with a massive scheme to defraud Polar Air Cargo Worldwide, Inc., a leading cargo airline, of tens of millions of dollars in revenue and the honest services of its employees." 

  On April 12, 2023, U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave held a presentment of and bail hearing on Lau. Inner City Press went and covered it. 

  The Assistant US Attorney announced they had agreed to release Lau on $250,000 unsecured bond, with travel including Connecticut, where Lau owns a business.

He will have to turn in his Hong Kong ID card on April 13. The next date is May 4 before the assigned District Judge Jesse M. Furman. 

 From the announcement: "the unsealing of a four-count Indictment charging LARS WINKELBAUER, ABILASH KURIEN, CARLTON LLEWELLYN, ROBERT SCHIRMER, SKYE XU, BENJAMIN WEI, a/k/a/ “Ben Wei,” ALVARO LOPEZ, FABIOLA CINO, ORLANDO WONG, and PATRICK LAU, a/k/a “Pat Lau,” in connection with a massive scheme to defraud Polar."

On August 2, Judge Furman docketed that he referred to presentment and arraignment of Lars Winkelbauer, now in from Thailand, to the duty Magistrate Judge (this week, James L. Cott), with a pre-trial conference set for July 23, 2024 at 3 pm and FIRM trial date October 28, 2024.

On August 3, Judge Furman responded affirmatively to a US request that, with its bail agreement for $750,000 bond secured by $100,000 cash, a certified check be accepted by the clerk even if Winkelbauer is not presented under after 5 pm on August 4" - to avoid spending the weekend in jail. Letter on Patreon here

Inner City Press in its August 3 story asked, Bailing a defendant who had to be extradited in? Risk of flight?

On August 4 at 5 pm Inner City Press was there, the only media in the Mag court - and it happened, he was released. Thread

On August 10, Winkelbauer's lawyers wrote to Judge Furman that on August 11 he "will be residing in the Western District of Louisana." This was granted, despite a reminder to provide 48 hours notice.

On October 18, it emerged that co-defendant Schirmer is moving toward a guilty plea: "SCHEDULING ORDER as to Robert Schirmer: The Court has been advised that the Defendant may want to enter a change of plea. Accordingly, the parties shall appear for a conference with the Court on October 24, 2023 at 11:00 a.m."

Then on October 23, another domino: "SCHEDULING ORDER as to (23-Cr-133-6) Benjamin Wei. The Court has been advised that the Defendant may want to enter a change of plea. Accordingly, the parties shall appear for a conference with the Court on October 26, 2023 at 2:15 p.m."

On October 24, Schirmer followed through: "guilty plea today of ROBERT SCHIRMER in connection with a massive scheme to defraud Polar Air Cargo Worldwide, Inc. (“Polar”), a leading cargo airline, of tens of millions of dollars in revenue and the honest services of its employees. SCHIRMER is scheduled to be sentenced on February 13, 2024, at 3:00 p.m"

Schirmer's plea agreement has a sentencing guideline of 46 to 57 months.

On November 6, Alvaro Lopez showed up unannounced in Magistrates Court to plead guilty. Inner City Press was there. It was read in open court that he might get a cooperator's 5K letter, after the October 2024 trial. His wife pled guilty after him.

More including comparisons on Substack here

Watch this site.

The overall case is US v. Winkelbauer, et al., 23-cr-133 (Furman) 

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