Saturday, December 21, 2024
Friday, December 20, 2024
As Giuliani Fights Giving Plaintiffs FLA Condo His Lawyer Files 15 Pages, Judge Strikes Them
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Dec 20 – In Ruby Freeman's and Wandrea' Moss' ongoing attempt to collect from Rudy Giuliani, a proceeding was held on September 27 before U.S. District Court for the Southern District of New York Judge Lewis J. Liman. Inner City Press was there; thread
And on October 8, a motion to intervene by Andrew Giuliani: "Amongst that property are '3 Yankee World Series Rings.' However, the Mayor gifted those World Series rings to his son." Filing on Patreon here.
On October 22 Judge Liman wrote that Giuliani is "ordered under C.P.L.R. 5225 to transfer all personal property specified in the list below at pp. 16-18" - full list on Patreon here
On November 6, Giuliani's lawyer wrote in that "Plaintiffs contend that the apartment was “substantially empty[]” when they arrived last week. ECF 81 at 1. Full letter on Patreon here
On November 13 Giuliani's lawyers asked Judge Liman for permission to file undescribed documents under seal, with even the memo of law unavailable. 3 page letter on Patreon here.
On November 14 the plaintiffs' moved to compel discovery from three: Dr. Maria Ryan, Mr. Ted Goodman, and Mr. Ryan Medrano, motion on Patreon here
On November 15 Staten Island-based Joe Cammarata filed asking to move the trial for Giuliani to go to the inauguration on January, and citing the CPLR - letter on Patreon here
On November 20, the plaintiffs wrote in asking to expedite discovery - letter on Patreon here
On November 26 Giuliani was present as Cammarata was allowed into the case (and Caruso out), and he spoke (briefly) before Judge Liman granted expedited discovery against him, and reaffirmed the January trial date. Thread here
On December 18 Judge Liman summoned Giuliani to appear, on contempt, on January 3 - order, with (Christmas Eve!) response date, on Patreon here
On December 20 Giuliani's lawyer filed a 15 page letter about discovery - and Judge Liman issued an "ORDER striking [186] Letter Motion for Discovery for failure to comply with Section 4.C of the Court's Individual Practices in Civil Cases which limit letter motions addressed to discovery disputes to three pages. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order)." Giuliani's 15 page letter on Patreon here
More on X for Subscribers here, Substack here
One of these cases is Freeman, et al. v. Giuliani, 1:24-mc-353 (Liman)
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After Miles Guo Trial He Seeks New Counsel so They Write in Dec 20 Sentencing Postponed
by Matthew Russell Lee, Patreon Substack
SDNY COURTHOUSE, Dec 20 – After a circus-like civil case involving Guo Wengui in the U.S. District Court for the Southern District of New York, which Inner City Press closely covered, here, March 15, 2023 saw the unsealing of a twelve-count Indictment of Miles Guo onvarious wire fraud, securities fraud, bank fraud, and money laundering charges.
On May 22, Inner City Press live tweeted jury selection, here.
Many were excused from the jury pool.
More detail / some analysis on X for Subscribers here & Substack here
At the end of May 23, Judge Torres told the remaining jurors that the trial would start Friday. Thread.
More details on X for Subscribers here and Substack here
And it did. Inner City Press live tweeted the opening and first two witnesses, an FBI agent about the Greenwich search, and a Dallas based Lamborghini dealer, thread here.
Guo was convicted. And on September 10 Judge Torres granted a defense letter motion and moved Guo's sentencing to December 9: "GRANTED IN PART. Sentencing is this matter is adjourned to December 9, 2024"
Letter and endorsement (order) on Patreon here
On November 22 for Yvette Wang the US Attorney's Office asked for a ten year sentence, 31 page sentence memo on Patreon here.
On December 13, with nothing in the public docket asking for or explaining it, Judge Torres scheduled a change of counsel for Guo.
Inner City Press went on December but was quickly asked to leave the courtroom. When allowed to return, from the thread:
On Miles Guo, sentencing has just been postponed; the lawyers who defended him at trial have a filing due Dec 30. Will it be public?
More on X for Subscribers here and Substack here
The case is US v. Guo, et al., 23-cr-118 (Torres)
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After US Seizes Russian Oligarch Yacht Sealing Opposed by Press Now Status Without Sites
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Dec 20 – On October 23, 2023 DOJ announced the filing of a civil forfeiture complaint against the Motor Yacht Amadea, a 348-foot luxury vessel worth over $300 million, beneficially owned by Russian oligarch Suleiman Kerimov and maintained in violation of applicable sanctions against Kerimov and those acting on his behalf.
Inner City Press has been covering the case from that beginning. On August 12, 2024 U.S. District Court for the Southern District of New York Judge Dale E. Ho held a proceeding about where to depose claimant Euard Yurievich Khudainatov. Inner City Press live tweeted it, thread.
Late on August 12, Inner City Press submitted a letter seeking unsealing, cc-ing the parties: "repeated references were made to documents in the case not available to the press and public, including the Claimant's August 7, 2024 filing of an Expert Declaration and Safe Passage letter and the Government's sealing of Special Agent McGee's declaration about, at a minimum, why the US Government opposes holding the deposition in the UAE. Also, if not yet unsealed, Exhibit Z to the Jude Declaration. Dkt 136. These should be unsealed, as should the other sealed filings in this case, including all "documents placed in vault." In cases where only a name could be redacted - the expert witness, for example (Dkt 151) the entire filing should not be sealed." Letter on DocumentCloud here.
On August 13, several documents were ordered unsealed. For now, just unsealed is DOJ's assertion that Khudainatov "is the longtime deputy to Igor Sechin... the second-most feared person in Russia." Judge Ho cited Judge Ronnie Abrams decision on Inner City Press' successful - and docketed - application to unseal Paduch's suretors, as before with SBF.
On August 22 the US Attorney's Office docketed a letter saying it will seal "declarations regarding Suleiman Kerimov and his relationship to Alisa Gadzhieva."
On August 23, the US Attorney's Office went further, sealing the names of locations considered for deposition, which they previously discussed in an open proceeding: Abu Dhabi, Tunisia and the like. Now they say "disclosing the identities of the countries under consideration would disclose sensitive information regarding the US's relations with foreign governments. Claimants consent to this request" - but will the judge? Does the public?
On December 20, another conference, Inner City Press covered it, thread:
OK - now at ongoing, mostly sealed case in which DOJ seeks to seize superyacht "in rem," v claimant Khudainatov. Judge emphasizes that the Press is present, cites possibility of sealing a portion. But it proceeds
Claimant's lawyer it's said has a post-trial sentencing in EDNY on January 17 - Boustani in the Mozambique tuna bonds fraud case? - so another day sought for SDNY hearing on this.
Judge Ho: Any other days that week?
Judge: Depositions could have happened earlier, in places the US said were OK... I don't think we should sit for 2 weeks watching videos. Each side file letters [Will these letters, like far too much in this case, be redacted or sealed?]
More on X for Subscribers here & Substack here
The case is United States of America v. The M/Y Amadea, a Motor Yacht Bearing International Maritime Organization No. 1012531, Including All Fixtures, Fittings, Manuals, Stocks, Stores, Inventories, and Each Lifeboat, Tender, and Other Appurtenance Thereto, 23-cv-9304 (Ho)
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Opponents of Congestion Pricing Talk Justice Outside Court But Face Skeptical Judge Inside
by Matthew Russell Lee, Substack
SDNY COURTHOUSE, Dec 20 – Lawsuits against New York City's congestion pricing plan were heard on May 17 by U.S. District Court for the Southern District of New York Judge Lewis J. Liman. Inner City Press was there and live tweeted. Thread.
On July 8, in the wake of Governor Hochul's 11th hour announcement, a proceeding on the still pending request for a preliminary injunction in one of the case was held, Inner City Press covered it, thread
Jump cut to November 21, after Governor Kathy Hochul announced revival at $9 - another hearing Inner City Press covered, thread
Judge Liman: How about a hearing on Friday Dec 20, 2 pm?
Judge Lewis J. Liman by elizabethwilliamstudio.com courtesy to Inner City Press
Inner City Press tweeted on December 20 (and streamed video outside the courthouse too) thread
Plaintiffs' lawyer: There will be diversion of traffic to Bergen County.
Judge: Are you saying that people from Westchester County don't benefit from the MTA? Plaintiffs' counsel: I came in from DC and Los Angeles, I don't know the specifics of New York [?] Judge Liman, to next plaintiffs' counsel: Are you from New York? Good
More on X for Subscribers here & on Substack here
The cases are New Yorkers Against Congestion Pricing Tax, et al., vs. United States Department of Transportation, et al., 1:24-cv-367 and Trucking Association of New York v. Metropolitan Transportation Authority, et al., 1:24-cv-4111 (Liman)
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As Epstein Victim Jane Doe 3 Sues Indyke Counsel Says Watch Out Because Press Present
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Dec 20 – Jane Doe 3 sued Jeffrey Epstein's lawyer Darren Indyke and accountant Richard Kahn for their role in Epstein's rape, sexual assault and sex trafficking.
On November 6, U.S. District Court for the Southern District of New York Judge Arun Subramanian held a public proceeding, and Inner City Press live tweeted it. From the thread:
Judge Subramanian: OK, we'll address the request to depose Doe's husband
Plaintiff's lawyer: Ms. Doe does not want her husband to know about this. So we are willing at trial to drop claims having to do with harm to the marriage. Jane Doe had not told anyone...
Judge: Defendants, what do you want to ask?
Defense counsel: He dated her before the Epstein time, before her return to [voluntarily redacted here - see Substack below the line here]. They got married in 2017, these alleged incidents took place in 2014.
Defense lawyer: We got copies of her texts to her now-husband, he had moved to [voluntarily redacted here - see Substack below the line here]. Jane Doe 3 appeared to be having a fine time with Epstein, Broadway shows and the like.
Substack here
On December 20, more bristling at transparency, thread:
OK - now covering Jeffrey Epstein-related case of Doe v. Indyke et al. It began with counsel highlighting presence of Inner City Press to the Judge's courtroom deputy, who rightly said, It is not currently sealed?
While waiting to see if counsel would ask Judge Subramanian to seal, looked up some caselaw, 2d Circuit 2013. But not necessary - counsel only says to others, remember the Press is present. Judge: Have you resolved the discovery disputes? Plaintiffs lawyer: Mostly
Plaintiffs lawyer: There is a Ghislaine Maxwell database.. There are still non-privileged documents in their log. Mr. Kahn's and Mr. Indkye's logs are different. Judge: What is the number of documents? Plaintiffs lawyer: I heard 3000 documents without descriptions
Plaintiffs counsel: We suspect there are a number of payments to women more that the 4 searched for. I would say it is in the hundreds. They produced 937, these are some of the hottest documents we have every seen working on these cases [tried to get Press out]
After back and forth about privilege, Judge Subramanian wishes all happy holidays, adjourns.
This case is Doe 3 v. Indyke, et al., 1:24-cv-1204 (Subramanian)
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Fraudster Sterling Bancorp Bid To Sell Bank with Weak CRA to Everbank Questioned on NY
by Matthew R. Lee, Patreon Substack
FEDERAL COURT, Dec 20 – Sterling Bancorp, which settled with DOJ on securities fraud, it trying to sell its Sterling Bank & Trust including in New York, where it has a need to improve CRA Investment Test rating to Everbank. Fair Finance Watch with Inner City Press on the FOIA has filed a timely first comment on, the Applications
This is a request for a full copy of, and a timely first comment on, the Applications of EverBank to acquire Sterling Bank & Trust (with a rare Needs to Improve CRA rating on Investment Test in New York), and not scandal plagued Sterling Bancorp. Sterling Bancorp was recently prosecuted by DOJ; EverBank purports that by buying the bank portion it is not touched by the scandal. But what is the showing that the criminal conduct at the Bancorp was entirely insulated from the bank and those who work there, and its practices? As a CRA matter, militating for a hearing, Sterling Bank has a rare Needs to Improve rating on the investment test in NY.
On December 4 Everbank's outside counsel wrote in that FFW "selectively criticizes a single component of Sterling Bank’s most recent CRA performance evaluation from states in which Sterling Bank either no longer operates, will no longer operate upon completion of the Proposed Transaction, or maintains only a de minimis banking presence" -- that would be New York, no commitment to improve on the Needs to Improve. As to Michigan the outside counsel says, or brags, "EverBank intends to close Sterling Bank’s only Michigan branch following completion of the Proposed Transaction."
On December 19, the Federal Reserve asked Everbank questions including "Explain whether EverBank’s office in New York is a “branch” within the meaning of 12 U.S.C. 1841(o)(3) and indicate whether loan proceeds are disbursed at that New York office.
3. The FR Y-3 notes: “following the Proposed Transaction, the combined organization intends to leverage the CRA and consumer protection compliance strengths of both banks to create a strong and comprehensive combined compliance program.” The FR Y-3 subsequently states that “EverBank does not anticipate any structural changes to its CRA program, CRA leadership, organizational structure, or oversight as a result of the Proposed Transaction.” Clarify whether the combined organization intends to continue to utilize EverBank’s existing CRA and consumer compliance programs following consummation. If the combined organization intends to incorporate specific aspects of Sterling Bank’s CRA and consumer those programs the combined organization intends to leverage from Sterling Bank’s existing operations.
4. The FR Y-3 notes that Sterling Bank would use commercially reasonable efforts to close its Southfield, Michigan branch... Indicate whether a branch closure notice has been submitted under section 42 of the FDI Act."
The proposal should be denied.
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Luigi Mangione Detained on Death Eligible Federal Charge For Killing UnitedHealth CEO
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Dec 19 – Luigi Mangione was presented in Federal court on December 19 on four charges, one of them death penalty eligible, for the killing of UnitedHealth CEO Brian Thompson. Inner City Press was there, covering the case toward a book, thread:
Luigi Mangione has been brought in by US Marshals, in a black quarter-zip sweater. He sits between his lawyer Karen Friedman Agnifilo and her husband (Sean Combs' laywer) Marc Agnifilo. Now waiting for Magistrate Judge Katharine H. Parker.
All rise! Magistrate Judge Parker: Good afternoon everyone. Mr. Mangione, you have been arrested based on charges filed against you in a complaint. Judge Parker: You have the right to be released until I find there are no conditions that would assure your presence at future court proceedings or the safety of the community. You have the right to hire your own lawyer, as you have done. Do you understand? Mangione: Yes.
Judge Parker: You are charged with stalking then killing Brian Thompson. You used interstate facilities. You are charged with murder with use of a firearm: you shot and killed Brian Thompson. Also, use of a firearm in a crime of violence. Is a reading waived? Karen Friedman Agnifilo: Yes Judge Parker: What is the government's position on bail? AUSA Domenic Gentile: We are prepared to argue for detention.
Mangione's lawyer Karen Friedman Agnifilo: We consent to detention without prejudice to make a future bail application. AUSA Gentile: The Manhattan DA has also indicted the defendant, we are in touch with them. Judge Parker: Anything furthur? Mangione's lawyer Karen Friedman Agnifilo: This is unusual. Yesterday the Manhattan DA held a press conference. There was no mention of this
Karen Friedman Agnifilo: The theories are inconsistent. The charge here is death eligible. Is it a joint investigation? If so it triggers discovery obligations. It is confusing. I've never seen this. Judge: Mr. Gentile? AUSA Gentile: There was a lot there.
AUSA Gentile: We will address any legal argument - in the appropriate forum. Judge Parker: I advise the parties to speak after this proceeding about the logistics between the Federal and State proceedings...
Judge: Adjourned.
More / extra on X for Subscribers here and Substack here
The case is USA v. Mangione, 24-mj-4735 (Parker)
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Inner City Press asks IMF of Crypto El Salvador and Ghana Program
by Matthew Russell Lee, Patreon Book Substack
NYC, Dec 19 – When the IMF held its press briefing on December 19, Inner City Press was able to ask the spokesperson two questions: on crypto currency and El Salvador, and on possible changes to the IMF's program with Ghana, after the election. Transcript coming.
On El Salvador the IMF spokesperson said that in the new program Bitcoin acceptance by businesses will be voluntary. But what about not being able to pay taxes in crypto?
On Ghana, she said the IMF works with the elected officials and programs are reviewed, the focus is still macro economic stability AND debt sustainability. Video coming; will be transcribed on the IMF website.
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