Showing posts with label judge vernon broderick. Show all posts
Showing posts with label judge vernon broderick. Show all posts

Friday, January 17, 2020

Chris Collins Sentenced to 26 Months For Insider Trading In SDNY Slugfest


By Matthew Russell Lee, Thread, PatreonBBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Jan 17 – When former Congressman Chris Collins came up for sentencing on January 17, he and his lawyers were ready with arguments about the Boy Scouts. 

U.S. District Court for the Southern District of New York Judge Vernon S. Broderick was ready with a statement that he had no considered Collins' political views in imposing sentence on him, ultimately 26 months in a prison camp in Pensacola, Florida, to begin on March 17.
The US Attorney's Office wanted to appear (almost) as tough on white collar crime as it is on more physical crimes by poorer defendants.
  With all three sides having something to prove, it was going to take a while. And it did take hours. Inner City Press live tweeted the proceeding, here.   More on Patreon here.
 Much of the debate concerned whether Collins, when he told his son Cameron about the setback for Innate Immunotherapeutics, could or should have told him, "You can't trade on this."    
Another concerned whether Collins recklessly harmed his constituents by actively running for office when he knew or should have known he likely could not serve out the term.  
What made that issue complex is that a defendant has a right to proclaim his innocence and should not be punished for it. But to attack the opposing candidate?  
Collins said he did not want to return to Buffalo. Judge Broderick after imposing sentence urged him to do so.

Collins' son Cameron will soon be sentenced. It seems Chris Collins will not be there. But Inner City Press will. Watch this site -a and the @InnerCityPress Twitter feed, and Patreon site. In fact, more on this Chris Collins story on Patreon, here.

Friday, November 8, 2019

UN Briber Francis Lorenzo Gets Time Served Despite Second Guilty Plea While Cooperating


By Matthew Russell Lee, Exclusive Patreon
SDNY COURTHOUSE, Nov 8 – Francis Lorenzo used his position as UN Ambassador for the Dominican Republic to take and pay bribes for a Macau "UN South South Development Conference Center proposed by now incarcerated Ng Lap Seng.
   On November 8 Lorenzo was given a sentence of time served, which was twenty days in detention, by U.S. District Court for the Southern District of New York Judge Vernon S. Broderick.
     It was what the US Attorney's Office of Geoffrey S. Berman essentially recommended, calling Lorenzo a model cooperating witness. This despite acknowledging that Lorenzo had to "re-plead" guilty when it emerged he had not disclosed his receipt of bribes.   Assistant US Attorney Douglas S. Zolkind at sentencing praised Lorenzo for example for always appearing in a three-piece suit.
    Judge Broderick before giving the time served sentence said there was a need for general deterence. But neither he nor Zolkind even mentioned an after arising UN bribery case, for which Patrick Ho of CEFC China Energy was convicted by SDNY Judge Loretta A. Preska.    
Judge Broderick did impose two years of supervised release, and 250 hours of community service.
    Afterward Inner City Press sought to ask Lorenzo a question but was told by his lawyerBrian H. Bieber that Lorenzo would not answer questions.
    So Inner City Press asked Bieber how Lorenzo would do his community service and when Lorenzo last saw and communicated with Carlos Garcia, the former El Salvador ambassador shown in the trial before Judge Broderick to have helped launder money for Lorenzo.

  Bieber said he would ask Lorenzo, and perhaps get back to Inner City Press, which has reported and will continue to report on these cases. This case is US v. Lorenzo, 15-cr-706 (Broderick).

Wednesday, May 22, 2019

UN Briber Francis Lorenzo Refused Questions Now Another Quarter of Impunity Like Guterres Corrupt


By Matthew Russell Lee, Periscope video, CJR

UNITED NATIONS GATE, May 21 – Three years after Dominican UN diplomat and UNCA donor Francis Lorenzo pled guilty to UN bribery, on 7 March 2019 Inner City Press which has been thrown out of the UN for asking SG Antonio Guterres about (his) corruption spotted Lorenzo directly in front of the UN on 46th Street. Politely it asked him, When will you be sentenced? Rather than answer, Lorenzo twice repeated, I'm just waiting for someone, then sped away, south to 45th Street, west toward Second Avenue and into a taxi. Periscope video here. 

 Now the U.S. Attorney's Office has once again pushed back Lorenzo's sentencing, from June 14 into September. A cynic might say it is hoped the public will forget, as for example a pharmacist who pled guilty to stealing $7 million seems to be hoping, pushing his sentencing back (though still less than Lorenzo). The U.S. Attorney on May 21 asked to push back the sentencing of Heidi Hong Piao for six months. We'll have more on this - and on this: 

"ORDER GRANTING NON-PARTIES FAIRFAX MEDIA LTD. AND AUSTRALIAN BROADCASTING CORPORATION'S MOTION TO RECEIVE CERTAIN GRAND JURY MATERIALS: as to John W. Ashe, Francis Lorenzo, Ng Lap Seng, Jeff C. Yin, Shiwei Yan, Heidi Hong Piao. WHEREAS on March 1, 2019, non-party news organizations Fairfax Media Limited and the Australian Broadcasting Corporation (together, the "News Organizations") filed a letter motion (Doc. No. 898) requesting an order pursuant to Federal Rule of Criminal Procedure 6(e)(3)(E)(i) authorizing the Government to provide them with certain grand jury materials evidencing a $200,000 wire transfer payment allegedly made by Dr. Chau Chak Wing or his company to the late former President of the General Assembly of the United Nations John W. Ashe, as set forth in Paragraph 49 (including subpart (f)) of the Complaint in this action (Doc. No. 1); WHEREAS, on March 4, 2019, the Court entered an order requiring any objections to the News Organizations' request to be submitted to the Court no later than March 25, 2019 (Doc. No. 899); WHEREAS, on March 22, 2019, the Government responded to the News Organizations' letter motion indicating that it does not object to a finding that the News Organizations have met their burden under Rule 6(e)(3)(E)(i) with respect to the requested records (Doc. No. 900); WHEREAS no other responses or objections to disclosure of the requested materials were lodged with the Court; and WHEREAS, on March 29, 2019, the Court entered an Order (Doc. No. 901) finding that the News Organizations have met their burden under Rule 6(e)(3)(E)(i) with respect to the requested records, and requiring the Government and the News Organizations to confer regarding a proposed order governing the disclosure of the requested records, and to jointly submit a proposed order regarding the same by April 8, 2019; IT IS HEREBY ORDERED that, without objection by the Government, and after considering the facts and circumstances of this matter, the Government shall, by no later than April 22, 2019, provide to the News Organizations the following documents to the extent obtained by the United States Attorney's Office for the Southern District of New York via grand jury subpoena in the investigation of this matter: 1. Copies of bank statements and wire transfer records from financial institutions evidencing the $200,000 wire payment allegedly made by Dr. Chau Chak Wing or his company to John W. Ashe as set forth in Paragraph 49 of the Complaint, which statements and records may be redacted to the extent they contain information not pertinent to this payment; and 2. Copies of written statement(s) the Government received from any financial institution that produced such records attesting to the authenticity of those records as documents kept or maintained by the financial institution in the ordinary course of its business, which statements may be redacted to the extent they contain information not pertinent to this payment. SO ORDERED: (Signed by Judge Vernon S. Broderick on 4/9/2019)."
  As to Lorenzo and his running away in March, the irony is, he has argued to SDNY Judge Broderick that his leg is in so much pain he had to have his ankle GPS bracelet, like the one imposed for principled protest rather than corruption on Patricia Okoumou, removed. But on March 7 Lorenza was speeding along, unlike the wheels of justice for him. Inner City Press has multiply been informed that this felon is still working with the Dominican Mission and entering the UN. On March 8, Inner City Press in writing asked UNSG Antonio Guterres, his Deputy SG Amina J. Mohammed who has been spotted with Lorenzo, Alison Smale and Spokesman Stephane Dujarric: "March 8-2: On UN corruption and bribery, yesterday evening Inner City Press saw in front of the UN and questioned Francis Lorenzo, who pleaded guilty to UN bribery. Please immediately state the last time convicted UN bribery felon Francis Lorenzo entered the UN (same for former El Salvador Ambassador Carlos Garcia, who it was shown facilitied Lorenzo's illegal acts, and for Patrick Ho), and state whether Lorenzo is affiliated in any way to the Dominican Republic mission to the UN." More than a day later, no answer at all, despite promises of answers by Smale and Dujarric. To this low has the UN fallen under Guterres. Macau billionaire Ng Lap Seng, convicted a year ago of bribing the UN, spent even more money on lawyers back on July 16, and on multiple doctors in the week before, to successfully win another day of freedom from US Judge Vernon S. Broderick. Post-hearing first video report here, from Inner City Press then and still now banned from the UN as it alone in the UN press corps pursues the Ng Lap Seng and now Patrick Ho / CEFC UN bribery cases. On Ng Lap Seng, who did belatedly turn himself in to begin serving his sentence, there is a development: he has unsurprisingly asked the Second Circuit Court of Appeals, which recently turned down Patrick Ho's bid to get out on bail, to void his conviction. The argument, which today's UN of Secretary General Antonio Guterres has shown it is in support of, is that U.S. law, the FCPF, was "misapplied"  to cover an intergovernmental organization like the UN. Guterres clearly believes that such US laws as those against police brutality, or protecting freedom of the press, don't apply in the UN: witness his Security roughing up Inner City Press on June 22 and more violently on July 3(video here), and his and ex-NYT Alison Smale's ban on Inner City Press for 44 days since, for a review in which Inner City Press has no right to be heard. Will "the UN is lawless" argument work for Ng Lap Seng? Guterres, who has yet to even order a UN audit of who else Patrick Ho bribed in the UN beyond the President of the General Assembly Sam Kutesa, certainly hopes so. Watch this site. Back on July 16 in a four hour proceeding witnessed to the end by Inner City Press and only one other media, Ng's lawyer Mr Tai H. Park and his Doctor Stephen Pan who is the son in law of one of his other lawyers Hugh Mo managed to parade a series of MRIs and other tests taken over the past weekend as evidence that Ng is anxious and needs more time. On July 9 Ng had an elective stent procedure, and was released after eight hours. Then he went to NYU Langone, and was diagnosed with an inner ear issue. But an MRI taken found some "silent" landings on his brain, and another discovered a spine condition that, it later emerged, had been found in 2012. There was a Doctor "Adubato" who, it was said, initially signed a letter that Ng would need two weeks then recanted it, seemingly without repercussions. No one else from the UN was there, to see this travesty of one of their bribers. What Ng actually did barely came up during the presentations by Janis M .Echenberg and Daniel C. Richenthal: their prosecution, as it turned out, spend at least $10,000 in taxpayer money for a Colombia cardiologist Doctor Schneller to come out with such clunkers as the only advice he gives his stent patients is to not go to "Third World countries." After four hours of hypochondria of a type never entertained from less affluent defendants, Broderick delivered yet another day of freedom to Ng. He was supposed to be in jail, at latest, on July 10. Then July 17. Now it's Wednesday July 17 at noon, in Allenwood, Pennsylvania. Who knows? Watch this site. Eight months after Ng's conviction, on March 30 the prosecution asked for a jail term of over six years and a $2 million fine. On May 11 Ng was sentenced to four years in jail, and ironically to pay the legal fees of the UN, which even under the prosecutors' press release he corrupted. At the UN, Carlos Garcia who facilitated Ng's bribes to Francis Lorenzo's family in the Dominican Republic was at the General Assembly stakeout at this month as exclusively reported by Inner City Press. Since then the UN ousted Inner City Press on June 22 from covering a speech by Secretary General Antonio Guterres, and on July 3 from covering a meeting on its $6.7 billion budgets, since when Guterres has banned Inner City Press. Fox News story here, GAP blogs I and II. Now on July 16, Ng is still no in jail: he is arguing that pains in his back and elsewhere mean he should get another delay. The New York Times, which unlike Fox News, the (UK) Independentand others has not yet reported a word on the UN's physical ouster and banning of the investigative Press despite earlier coverage, amazingly ran a long piece about Ng's case without once mentioning that is it UN bribery he is convicted of. We'll have more on this. Afteran oral argument on June 26 in the Second Circuit Court of Appeals, Ng's bid to remain even longer in his apartment on 47th Street was denied. “It is hereby ordered that appellant’s motion is DENIED, because he has failed to show that the district court clearly erred in its risk of flight determination,” the court’s order sys, and “It is further ordered that the appeal is expedited.” Ng's lawyer Paul Clement of Kirkland & Ellis claims that the UN is not the kind of "organization" Congress was talking about in the law prohibiting bribery connected to organizations that receive federal funds. So the UN can be bribed at will? The UN has no law against it, and current SG Guterres does not even order an audit of China Energy Fund Committee, the second UN bribery case which seems linked to the first - CEFC invited John Ashe to China as well. We'll have more on this.

And this: in the underlying Ng Lap Seng indictment there was a Co-Conspirator 3 who also bribed UN President of the General Assembly John Ashe. This CC-3 has now been identified as Chau Chak Wing by Australian MP Andrew Hastie, chairman of the Parliamentary Joint Committee on Intelligence and Security. Hastie recently met with USauthorities about espionage and foreign interference legislation, and said it was during those discussions he confirmed the "long-suspected identity of CC-3" as Dr Chau."The same man who co-conspired to bribe the United Nations president of the General Assembly, John Ashe," Hastie said in a speech in the Australian Parliament’s Federation Chamber. On May 22, Inner City Press asked UN Spokesman Stephane Dujarric, video here, UN transcript here: Inner City Press: I wanted to ask you, in… in what was called the John Ashe case, a businessman, Mr. Chau Chak Wing has been identified as Co-conspirator 3 in… that was in the indictment.  And it's caused quite a furore in Australia, but I guess my question is, given that the UN did, in that case, unlike the Patrick Ho case, conduct an audit, did the UN know the identity of Co-conspirator 3?  And what does it show you now, given… given Mr. Chau Chak Wang's other… Wing's other… other roles?  What does it mean for the UN that he, according to intelligence sources and now, as stated in the Australian Parliament, paid a $200,000 bribe to a then-sitting President of the General Assembly?

Spokesman:  I think we've commented on the case, and we have cooperated fully with the Federal host authorities here on the conclusion of the case.
Inner City Press:  But it doesn't… so this doesn't change the ca… the idea that this is a sitting… this is a person that's actually tied directly to the Chinese Communist Party?

Spokesman:  I've said… this is what I've had to say.

Inner City Press:  It doesn't change…

Spokesman:  "This is what I've had to say.  Thank you." On May 11 Ng was sentenced to four years in jail, and ironically to pay the legal fees of the UN, which even under the prosecutors' press release he corrupted? The UN, which evicted and still restricts Inner City Press for pursuing the extend of Ng's bribery in the UN, including his payments through South South News to the UN Correspondents Association, gave its UN Censorship Alliance scribes a statement that In a statement after the verdict, the UN said it “had cooperated extensively to facilitate the proper administration of justice in this case, by disclosing thousands of documents and waiving the immunity of officials to allow them to testify at trial." This statement, and the UNCA scribes, ignore that the UN is already embroiled in another bribery scandal, that of Patrick Ho and CEFC. Nothing has been reformed; Secretary General Antonio Guterress hasn't even ordered an audit. On May 14, Inner City Press asked Guterres' deputy spokesman Farhan Haq, video here, UN transcript here: Inner City Press: On Friday, Ng Lap Seng of South-South News and other fame was sentenced to 48 months in prison for what’s described as bribery of officials at the UN.  I did see that somehow part of the settlement was that the UN’s legal fees would be paid.  So, I had two questions.  Number one, how much are those legal fees?  Number two, in the second what’s described as a UN bribery case involving Patrick Ho and the China Energy Fund Committee (CEFC), has the UN as of yet rung up any… any legal fees?  And has there as yet been any audit ordered as was audit… ordered in the case of Ng Lap Seng and South-South News? And, if not, why not?

Spokesman:  Regarding the second question, that’s an ongoing case, and we’ll have more details as it proceeds.  Regarding the first, the United Nations had cooperated extensively to facilitate the proper administration of justice in the Ng Lap Seng case by disclosing thousands of documents and waiving the immunity of officials to allow them to testify at trial.  In this regard, the organisation notes the court’s award of $302,000 in restitution to be paid to the United Nations as a victim of these crimes.  Nizar?

Inner City Press: I have a follow-up question… One of the people that testified was… was the person that worked in DGACM [Department of General Assembly and Conference Management] and actually changed the GA resolution to put in the name of Sun Kiang Ip foundation as the builder of the… the… the centre in Macau.  Was anything ever done on that?  I think, if you follow the case, you know that that took place.  Yes, bribes were paid allegedly and now convictedly [sic] to… to John Ashe and Francis Lorenzo, but a… a UNGA [United Nations General Assembly] document, once it was passed, was amended by DGACM.  Who did that?  And… and… and are they being held accountable?

Spokesman:  The person who testified in this case has retired from the United Nations." As Inner City Press has previously exclusively reported, that is Ion Botnaru. So, no accountability? And the UN is taking $302,000 in "restitution" while it has paid nothing in restitution for killing 10,000 people with cholera in Haiti? We'll have more on this. 
The prosecutors said Ng "was sentenced today to 48 months in prison for his role in a scheme to bribe United Nations ambassadors to obtain support to build a conference center in Macau that would host, among other events, the annual United Nations Global South-South Development Expo.  NG was sentenced by U.S. District Judge Vernon S. Broderick. NG was convicted on July 27, 2017, after a five-week trial, of two counts of violating the Foreign Corrupt Practices Act, one count of paying bribes and gratuities, one count of money laundering, and two counts of conspiracy. Manhattan U.S. Attorney Geoffrey S. Berman said:  “Billionaire Ng Lap Seng corrupted the highest levels of the United Nations in pursuit of a multibillion-dollar real estate deal in Macau.  Ng exploited a center for international diplomacy as an instrument for his greedy intentions.  This Office is committed to policing official corruption wherever it may be found.” Acting Assistant Attorney General John P. Cronan said:  “Corruption at any level of government undermines the rule of law and cannot be tolerated.  But corruption is especially corrosive when it occurs at an international body like the United Nations.  By paying bribes to two U.N. ambassadors to advance his interest in obtaining formal support for the Macau conference center project, Ng Lap Seng tried to manipulate the functions of the United Nations.  The sentence handed down today demonstrates that those who engage in corruption will pay a heavy price and serves as a reminder that no one stands above the law.” 
Lorenzo - still at liberty and in front of the UN on 7 March 2019...

Friday, May 3, 2019

Rep Chris Collins Skips SDNY Session on Insider Trading Case Against Him But Wider Discovery Ordered


By Matthew Russell Lee, Periscope video

SDNY COURTHOUSE, May 3 – Congressman Christopher Collins (R-NY) waived his right to be present for a hearing in the criminal insider trading case against him held past 5 pm in the 
U.S. District Court for the Southern District of New York courtroom of Judge Vernon S. Broderick. But his team of lawyers made a slew of suggestions to Judge Broderick on what discovery to seek from the U.S. Attorney's office, from communications with the SEC to information about real estate, Cameron Collins and Lauren Zarsky and their sales of Immunotherapeutics stock after MIS416, aimed at secondary multiple sclerosis, failed the Drug Trial and Rep Collins made his calls from the White House Congressional picnic.

   On May 3 Judge Broderick was urging wide disclosure by the government, whether characterized as 3500 material or under Brady or Giglio. The notes to be produced, he said, didn't have to been entirely contemporaneous.He had a series of questions for the U.S. Attorney which he did not get through as it approached 6 p.m. and his courtroom deputy had gone for the day. 
  Collins' lead lawyer from BakerHostetler, Jonathan R. Barr, directed Broderick to a decision by SDNY Judge Jed Rakoff during the Gumpta case, and Broderick said that he would read it. He confessed he had himself looked up applicable cases on Westlaw, adding that he might have missed some cases.  This case is  USA v. Collins, et al., 18-cr-00567 (VSB).

  Judge Broderick told Collins' lawyers to expect to come back in a week's time on Friday, May 10. One of them said he would only be returning to the United States that morning; another said that he then would be leaving for the same place his colleague had been: Argentina.
 Thus is big money, and big politics, law done in the SDNY.
   One story down and just two days before but as if in another universe on May 1 defendant Jesus Lopez walked into the SDNY courtroom of Judge Valerie E. Caproni to be sentenced on May 1 for driving 10 kilograms of cocaine from California to New York. 
  He was wearing a suit; he had been allowed out on bond while awaiting sentencing due to his mother having Stage Four cancer. Before the sentencing he uploaded a video directed at Judge Caproni but still online as of this writing on Vimeo, here.
   The courtroom was full, with two U.S. Marshals in the back row, and the two front rows, Inner City Press was later informed by a participant in the proceeding, filled by judges from China. Lopez' lawyer Jeff Greco argued in his sentencing submission for time served, essentially one month. 
  But Judge Caproni, after asking Assistant U.S. Attorney Nathan Rhen why the government wasn't seeking forfeiture of the truck Lopez used to drive the drugs - "there's a lot of equity in there," she said -- looked sternly at Lopez.
   Judge Caproni was not impressed by Lopez' statement that he took drugs because he was bored, that boredom was one of his triggers. She said she did not believe that he had only agreed to drive the drugs in order to feed his own habit. First she sentenced him to 60 month, five years, in prison.
  Then as the U.S. Marshals rustled in the row behind Inner City Press, she said she would be remanding Lopex into custody today. Right now. Her courtroom deputy handed the Marshals an order to that effect.
   Defense attorney Greco said that Lopez' mother could die at any time, and that the Bureau of Prisons would be unlikely to let him out to attend her funeral. Judge Caproni said there was no way to know when his mother would die, and that she had allowed him to remain out on bond pending sentencing so he could spent time with her. The Chinese judges sat as Jesus Lopez took his wallet out of his pants and put his hands out for shackling. 
  A well known courtroom artist in the SDNY has told Inner City Press about the time she managed to sketch a similar remand of a higher profile defendant, Bernie Madoff. But there was no artist present for the remand of Jesus Lopez, and cameras are not allowed - only this article. The case is U.S. v. Lopez, part of the larger conspiracy prosecution U.S. v. Soto et al., 18-cr-00282 (Caproni).
  Notably one floor above in 40 Foley Square, a man who pled guilty to stealing $7 million in Medicare and Medicaid fraud has had his sentencing delayed for a year already, and perhaps another year, so that his wife can finish a medical residency program. That case is U.S v. Javed, 16-cr-00601-VSB. Unlike the unpublicized case of Jesus Lopez, the Office of the US Attorney for the SDNY announced the Javed sentencing to the press (but not its subsequent deferral). Click here for that story. 
  Which approach is the right one? How can these disparities be explained? These are among the questions that Inner City Press will be pursuing, in the SDNY. Watch this site, and the new @SDNYLIVE Twitter feed.
Background: Even in Judge Caproni's courtroom, there are more positive or lenient stories. When Todd Howe, who pled guilty in the New York State corruption case(s), came up for sentencing on April 5, Judge Caproni was told that Howe is now working more than 12 hours a day in Idaho, on ski slopes and now a golf course. After his guilty plea he had been remanded to the Metropolitan Correctional Center when he disputed to Capital One some credit card charges and the government believed it to be another attempted fraud. 
With him out of MCC for seven months, Judge Caproni said it may have just been a mistake. She put off sentencing Howe, instead putting him on five years probation. If he "stays clean" during that time, it all goes away. If not, he faces serious time. 

  In the elevator down after Howe's lawyer, in what she called her last criminal sentencing, said Howe still respects government service after his lobbying career meltdown, Inner City Press asked Howe what he thought for example of congestion pricing. He laughed and said it is not needed in Idaho. Meanwhile a shackled prisoner Jones was led into Judge Caproni's now empty courtroom to plead guilty to selling crack in The Bronx and hiding a gun after a 1999 felony conviction. That sentencing is set for August 1. Inner City Press and @SDNYLIVE will be there.