by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Dec 11 – On a daily basis, defendants are brought into court and either get appointed counsel or choose to pay a private attorney, if they can.
But this system can be gamed.
March 30, 2023 saw "charges against DIONISIO FIGUEROA, a/k/a “Dionicio,” an employee of the United States District Court for the Southern District of New York (“the SDNY District Court”), and TELESFORO DEL VALLE, JR., a/k/a “Ted,” a criminal defense attorney practicing in the SDNY District Court and elsewhere, for their participation in a scheme in which FIGUEROA referred criminal defendants to DEL VALLE and encouraged those defendants to retain DEL VALLE as counsel in exchange for cash payments from DEL VALLE to FIGUEROA."
Inner City Press, which closely covers the Magistrate Court, had in 2022 reported the investigation against Del Valle.
On November 3 Inner City Press first reported the De Valle's Albany-based counsel has informed Judge D'Agostino that Del Valle "has decided to plead guilty to counts 1, 3, 5 and 7" and requests a Pimentel estimate of sentencing guidelines.
On November 16, De Valle did in fact plead guilty, in the run up to Figueroa's trial: "TELESFORO DEL VALLE, JR., a/k/a “Ted,” a criminal defense attorney who has appeared in cases in the U.S. District Court for the Southern District of New York (“SDNY District Court”) and elsewhere for more than 20 years, pled guilty to charges of conspiracy, bribery, paying illegal compensation to a court employee, and making material false statements to law enforcement to conceal his crimes."
On November 28, Figueroa's counsel filed his list of exhibits, including about particular cases and defendants: Perez Rosso, Abreu Gil, Pura Rosso Garcia, and Simon and Duverge proffer notes.
On November 30, the US filed its exhibit list from which we reverse engineer some of the cases at issue, but find many sealed documents in the dockets: Silva (Judge Edgardo Ramos 2012), Perez-Rosso (Judge Castel, 2018) and Gil (misspelled Gill), 2022 Kimba M. Wood, many sealed filings.
On December 7, Figueroa's lawyers filed a Rule 29 memo arguing among other things that "the government's evidence at most establishes that Figueroa referred people (not Figueroa's clients) to consider retaining Del Valle. It seems unlikely that Congress intended the statute to reach so far as to raise the prospect of a criminal violation when a court clerk (non-lawyer) refers people (not clients) to an attorney to represent the client's interest...."
On December 11, guilty verdicts, put into the docket in appreciated blow by blow: "9:10 a.m. Judge D'Agostino enters. Jury Note no. 2/Court Exhibit no. 3 and Jury Note no. 3/Court Exhibit no. 4. 9:48 a.m. The jury of 12 enter the Courtroom. 9:48 a.m. The Court Reporter reads back the testimony of TRACY MILLER, as requested in Court Exhibits 3 and 4. Pages 111 (line 11) through Page 113 (line 13); Pages 148 (line 11) through Page 149 (line 13); Page 150 (line 15) through Page 151 (line 5). 9:54 a.m. The jury is excused to continue their deliberations. 9:54 a.m. Court stands in recess while the jury deliberates. 11:40 a.m. Jury Note no. 4/Court Exhibit no. 5 - jury question. 11:54 a.m. Judge D'Agostino, the Court Reporter, and the CRD enter the jury room. 12:00 p.m. Counsel for the Government and Counsel for the defendant enter the Courtroom. 12:02 p.m. Jury Note no. 4/Court Exhibit no. 5 addressed with counsel. The Court Reporter addresses counsel regarding the answer the Court gave to Jury no. no. 4. 12:05 p.m. No objection from the Government or Defense as to the instruction given to the jury. 12:13 p.m. Jury Note no. 5/Court Exhibit no. 6 - jury note/question. 12:20 p.m. Judge D'Agostino enters. 12:21 p.m. Judge D'Agostino addresses counsel regarding the jury request in Jury Note. no. 5. 12:26 p.m. The Jury enters. 12:26 p.m. Judge D'Agostino provides an Exhibit list index to the jury - Exhibit list index marked Court Exhibit no. 7. 1:23 p.m. Jury Note no. 6/Court Exhibit no. 8. - The Jury has reached a verdict. 1:31 p.m. Judge D'Agostino enters. Jury Note no. 6/Court Exhibit no. 8 - The jury has reached a verdict. 1:32 p.m. Judge D'Agostino addresses counsel regarding their conduct during trial. 1:36 p.m. Jury enters. 1:36 p.m. Judge D'Agostino addresses the Court. 1:36 p.m. VERDICT Reported by the Foreperson - Defendant GUILTY on Counts 1,2,4, and 6. 1:38 p.m. The Jury is Polled at the request of defense counsel - The verdict is unanimous. 1:41 p.m. Judge D'Agostino addresses the Jury of 12. The jury is excused from their jury service with the thanks of the Court. 1:43 p.m. Counsel are advised of all Appeal and Motion deadlines. The Court continues to reserve on the Rule 29 motion on rule 203 grounds. The Renewed Rule 29 motion is DENIED. 1:44 p.m. The Jury is discharged from their service. 1:45 p.m. Sentencing is April 8, 2024 at 12:00 p.m. in White Plains. A presentence investigation report is ORDERED. The parties are advised that the Court is NOT inclined to seal sentencing memorandums and that if incarceration is ordered, the defendant will be remanded on the day of sentencing. 1:47 p.m. The Defense renews their Rule 29 motion. 1:48 p.m. The defendant is continued released on all of the conditions previously set in this case. 1:48 p.m. Court stands adjourned."
The case is US v. Figueroa et al.. 23-cr-161 (D'Agostino)
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