As Senate Act Against Small Business Data Moves Past House Rules BofA Cheated HMDA

by Matthew Russell Lee, Patreon Book Substack

SOUTH BRONX NY, Dec 1 – The long delayed small business data reporting provision of the Dodd Frank Act is in play again in Congress.

  This while Bank of America was just outed and fined for gaming the Home Mortgage Disclosure Act for four years or more, and fined for it.

 On November 28 the House Rules Committee held a hearing to move forward S.J.Res. 32, targeting the CFPB's rule.   

Pennsylvania Rep. Scanlon pointed out at the COVID PPP loan program went in the first instance to the "concierge" clients of big banks. (There was also much related fraud, which Inner City Press reported on daily in the SDNY and other Federal courts). 

  New Mexico Rep. Leger Fernandez pointed out the lack of access to capital in rural area.

S.J.Res. 32 is slated to come up on the House floor, like George Santos, this week. NCRC resources here; Inner City Press will stay on this - and on Bank of America and its kin.

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Narco Tomas Colon Gets 151 Months But Some Sentencing Filing Still Sealed Despite Order

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 1 – The entire sentencing submission by Tomas Colon, described as the "leader of a major drug trafficking organization," was filed under seal on November 16, 2023.

That evening, Inner City Press wrote to U.S. District Court for the Southern District of New York Judge Valerie E. Caproni questioning and challenging the sealing, see below.

 On December 1, with some still sealed despite Judge Caproni's orders, Colon's two retained counsel argued for a five year sentence. Judge Caproni, who began by saying she was "not amused" by their sealing, noted that Colon was a manager, had previously been convicted for drugs and continued despite a young, sick daughter (on whom much of the defense's sentencing argument was focused). She sentenced Colon to 151 months.

 Back on November 20, Judge Caproni ordered the defense to by November 28 show cause. Colon's sentencing was pushed back to December 1.

On November 27 Colon's counsel asked to seal even his response to the OTSC. Inner City Press filed opposition, which Judge Caproni docketed and denied the sealing:  Order and filing on DocumentCloud here.

  Later on November 28, Colon's late-coming counsel Robert Blossner wrote in, seeming to argue that the memo and all letters are sealed because Colon held a proffer session, and blaming Inner City Press for having reported statements made in open court during the sentencing of another of his paying clients, Ahrman Burke (21-cr-550-VM), who cooperated against Alec Dupuis (21-cr-707-JSR).

   Inner City Press reiterated that the sentencing material should be unsealed. The current record shows that Blossner has received payments originating from Colon's brother Hector, described as a target in the case.

On November 30 past noon, the sentencing memo was unsealed - it is now, in its entirely, on DocumentCloud here.

But additional letters and material were to be filed on December 1 but weren't, with defense counsel blaming their paralegal, or office closure. They should be filed December 4. Watch this site.

 This comes as, for example, all of the sentencing letters of OneCoin crypto currency fraudster Sebastian Greenwood were sealed, regarding which Inner City Press filed a notice of appeal, and has consented to email service.

Sentencing materials must be public, to understand the bases of sentencing. Watch this site.

 This case is US v. Colon, 18-cr-526 (Caproni)

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SDNY Press Room 480, front cubicle

Ecuador Takes Over UNSC For December Short Presser No Answers on El Pollo Press Banned

by Matthew Russell Lee, Patreon Book Substack

UN GATE, Dec 1 – Ecuador took the UN Security Council presidency on December 1, 2023 - while Inner City Press is still banned from the UN, despite its June 19 application.

  New president Daniel Noboa, described as a banana heir, appointed as his ambassador José de la Gasca, described as an expert in criminal law. It could come in handy at the UN, where PGA John Ashe was indicted, and convicted Ghislaine Maxwell held a press conference and more. But under de la Gasca, no answers to the Press so far.

On November 29, Inner City Press wrote to the Ecuadorian Mission: This is a timely request that you allow Inner City Press to enter and cover, and/or provide the WebEx  pass code(s) to access Ecuador's UNSC Presidency press briefing by your Ambassador on December 1, 2023.

I have questions to ask on what you will do this month about Gaza and the coups in Gabon and Niger and the conflicts in Sudan, Ukraine, Ethiopia, Cameroon, Yemen and Libya, and the revelations of El Pollo now in SDNY - and on ongoing cases of sexual abuse and exploitation by UN peacekeepers on many of which Inner City Press first reported

Please note that Inner City Press and I participate in the WebEx briefings of, for example, the IMF: March 31, 2022 and since with new IMF spokesperson Sept 28, 2023

Two days later, no answer from the Ecuador mission. A press conference barely 20 minutes long, half speech, could easily has allowed Inner City Press' questions but didn't. Watch this site.

 Inner City Press on June 19 applied to the UN for access, as it gives 100s, to cover the UNGA week. Inner City Press has a NYC Press Pass and writes about the UN. From Ecuador and its UN Mission, nothing.

Watch this site. 

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Ex FBI McGonigal Pled Guilty to Deripaska Aid With 57 - 60 Month Deal Now Asks No Jail

By Matthew Russell Lee, Patreon Worth St Video

SDNY COURTHOUSE, Nov 30 -  In the U.S. District Court for the Southern District of New York, an arraignment was held by Magistrate Judge Sarah L. Cave former FBI agent Charles McGonigal, for helping Russian oligarch Deripaska in violation of US sanctions, and money laundering.

 McGonigal, who'd hired former US Attorney for the Eastern District of NY Seth duCharme, pled not guilty and was given a $500,000 personal recognisance bond bail deal. Thread below. He has also been indicted in the District for the District of Colombia.

SDNYAugust 15, 2023 guilty plea proceeding, thread here:  (and video afterward here)

And below, the Nov 30 request for no jail time

McGonigal: I agreed to collect open source information about a business competitor of Oleg Deripaska, to try to put him on the US sanctions list. I knew that it was wrong. I want to thank you for treating me fairly.

 [His voice breaks]

Plea agreement letter on Patreon here.

On November 30 McGonigal's counsel Seth DuCharme submitted partially redacted letters and a sentencing memo asking for a "non-custodial sentence" - that is, no jail time. Former FBI Thomas S. Shaughnessy recounts McGonigal "saving" an FBI field agent named Mike, no last name, "rough as a cob with a true potty mouth."

He also recounts McGonigal giving "Angry Kevin" the "Bradley Manning / Julian Assange case ('Wikileaks') and that case made Kevin's reputation." Letter on Patreon here.

Some of the letters are touching. Sentencing was set for December 14 at 1:30 pm.

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#6ix9ine Carjacker Ellison Is On Trial For MCC Bribes As Cooperator Crossed on Pot & Punches

By Matthew Russell Lee, Patreon Thread Scope
BBC - Guardian UK - Honduras - Vulture

SDNY COURTHOUSE, Nov 30 – Daniel Hernandez a/k/a Tekashi 6ix9ine was sentenced to 24 months of total imprisonment in a proceeding live tweeted by Inner City Press before U.S. District Court Judge Paul A. Engelmayer.

 Now Hernandez' co-defendant and car-jacker Anthony Ellison a/k/a Harv, already serving a long sentence, has been indicted again for a smuggle conspiracy while in the Metropolitan Correctional Center. The prosecutors on November 4 announced: unsealing of an indictment charging three current or former Bureau of Prisons (“BOP”) employees, as well as eight former inmates of the Metropolitan Correctional Center (“MCC”), of conspiring to smuggle contraband such as drugs, alcohol, and cellphones to inmates at the MCC. Two of the BOP employees were also charged with obstructing justice.  Four of the defendants were arrested today and will be presented before Magistrate Judge Sarah L. Cave later today. During the course of the scheme, in an effort to obtain a lesser sentence for ELLISON, GRIFFITH-MCKNIGHT submitted a letter to the District Judge responsible for sentencing inmate and co-defendant ELLISON that falsely described ELLISON as a “model inmate” even though at the time GRIFFITH-MCKNIGHT was smuggling contraband to ELLISON and therefore knew he was anything but a “model inmate.”  Relying on this letter from GRIFFITH-MCKNIGHT, the District Judge who presided over ELLISON’s sentencing remarked that ELLISON’s purported good behavior in prison was “impressive” and that “[u]nless this is some sort of Grisham novel, and people are all corrupt and making all of this up about [ELLISON], it seems to me that it’s unavoidable that [ELLISON’s] trajectory at the MCC contains a lot of good.”

Inner City Press went to the detention of release hearings of Griffith-McKnight, lead defendant Perry Joyner and another inmate, Valerio, and live tweeted it here and here (podcast here)

OK- detention hearing on David Valerio, US says he admitted wiring money to MCC prson guard to not search his cell

AUSA says Valerio admitted wiring to also indicted guard Mario Felciano. Magistrate Judge Cave says he will be detained OK- hearing on Corrections Officer Perry Joyner for allegedly bringing in contraband to the Metropolitan Correctional Center

Unlike briber Vslerio, detained, US is agreeing to release (ex) guard Joyner on $300,000 bond, no contact with nemed individuals. His mother is a C.O. as well. He is hiring a private lawyer.

 Next up, the defendant Inner City Press focused on earlier today: "trying for a lesser sentence for [Harv] ELLISON, GRIFFITH-MCKNIGHT submitted a letter to the District Judge describing ELLISON as a “model inmate” even though she was smuggling contraband to him"

All counsel disappeared into Mag Court chambers. After a time, they returned. Judge said it was just to save time...

 DOJ is agreeing to release this ex guard, unlike Harv Ellison and Valerio, on $150,000 bond.

  Here's a photo of Griffith-McKnight's letter to Judge Engelmayer. The case was assigned to Judge Andrew L. Carter.

Jump cut to October 26 when this was docketed: "Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Arraignment as to Anthony Ellison (6) Count 1s,3s and Starlin Nunez (11) Count 1s,2s held on 10/19/2023.  Defendants arraigned and enter pleas of NOT GUILTY to the Superseding Indictment. Jury Trial & Selection set for 11/20/23 at 10 a.m."

On November 28, Inner City Press attended the trial, opening and then the prosecutor's critique. Counsel for Starlin Nunez referred to the cooperating witnesses as rats who made a deal with the Devil.

  Later, outside the presence of the jury, the AUSA noted this, and argued that to compare the gravity of the cooperators' admitted crimes with those the defendants are being tried for is akin to nullification. Judge Carter said he would address things as they arose, that invoking the Devil might be inappropriate but the use of the word rat, at least in closing argument, probably was not.

On November 29, cooperator Alamo was on the stand, describing how he was moved to Tier 9 and hid the cellphone he bought in the wall behind defendant Starlin Nunez' bed. We said everyone used CashApp, and some cigarettes were broken up during boofing...

On November 30, Alamo was cross examined about how much he fights and smokes in jail, from Fort Dix to FDC in Philadelphia, and why he cooperated (faced a 20 year minimum). Video of the empty MCC was shown again, unable to be muted, at least initially. The question "did you ask your father's advice ondrug deals" was objected to, and withdrawn.

The trial continues.

 The case is US v. Joyner, et al., 21-cr-673, (Carter). More on Patreon here.

Venezuelan Carlos Orense Met with Beltran Leyva in Mexico Cooperator Arvelaiz Says

By Matthew Russell Lee, Patreon Substack

SDNY COURT, Nov 30 – Venezuelan indicted narco-trafficker Carlos Orense Azocar was presented in Magistrates Court in the U.S. District Court for the Southern District of New York on June 23, 2023 and Inner City Press was (the only media) there. 

 Orense had just been extradited in from Italy and the indictment against him unsealed.

The case was wheeled out and assigned to District Judge Vernon S. Broderick.

  On November 14, Inner City Press covered the final pre-trial conference before Judge Broderick. Thread.

On November 28, Inner City Press at 10 am and  later. Thread:

  Now cooperator Antonio Arvelaez (in court also said Antonio Arbelaez) takes the stand. Says he trafficked over 100 tons of drugs to the US, most of it with Orense. Also, automatic rifles, he says.

 This continued, with sound effects, on November 29. Thread.

On November 30, more names on direct - and 3500 material on cross. Thread:

All rise! Judge: Juror 9 has expressed concern she is not getting paid. I'm going to look into it. It may become an issue. Please bring in the witness. [It is the cooperator Arvelaez, with neck tattoo, still on direct. Seems to have a slight limp.]

Jury entering!AUSA: Let's talk about General Cliver Alcala. Cooperator Arvalaiz: He controlled the central region of Venezuela, so El Pollo Caravajal said.

AUSA: How did Alcala help Orense? Cooperator: Yes. We and our 1000 kilos of cocaine were escorted by Cliver ["Cleaver"]

AUSA: What uniforms did they have? Cooperator Arvelaiz: The green uniform of the Venezuela National Guard. The cocaine was bound for Guatemala, the pilots told me. AUSA: Who did Caravajal recomment Cliver to? Cooperator: Carlos Orense.

AUSA: Did Orense do anything for Alcala for his help?

Cooperator Arvelaiz: I delivered money to him in 2008 in Valencia.  AUSA: Who gave the order? Cooperator: Carlos Orense. I picked up a long black bag of $20 bills - some 2 or 3 million dollars

 AUSA: Where did you take the money to? Cooperator Arvelaiz: To the BOD Tower in Valencia. Armed men accepted the money from us. [Jury is shown photo of 15 or so story beige building with square windows and rounded front.]

AUSA: Did Orense speak to you about Tareck El Aissami? Cooperator Arvelaiz: Yes, Orense told me El Pollo had introduced them, El Aissami helped us with a cocaine delivery, he told us to wait out the checkpoints.

 AUSA: What about General Néstor Reverol?

Cooperator Arvelaiz: He would tip us off to drug operations. AUSA: And Jesus Itriago? Cooperator: He let us know there was an operation, so we stopped until he met Itriago in Caracas.

AUSA: Switching topics, how did Orense receive money? Cooperator Arvelaiz: Cash money, always in US dollars. I flew cash in from the Dominican Republic, $3 million one time. We had Customs and Police squared away.

AUSA: Who did mirror transactions for Orense? Cooperator Arvelaiz: Many people did it for him.  AUSA: Does Orense have children? Cooperator: Yes. Eduardo, Adonis, Carlito and two daughters [one has been periodically present at this trial]

AUSA: In your experience, do drug traffickers put plane in their name? Orense's lawyer: Objection! Judge: Sustained... [To the witness"] Do you know other drug traffickers? Cooperator Arvelaiz: Yes. They put the plane in the name of companies. Judge: Strike that

 AUSA: Were there weapons on the finca? Cooperator Arvelaiz: Yes, we fired them and talked about them. Orense said the best business was trading a gun worth $500 for 1 or 2 kilos of cocaine, with the guerrilla. AUSA: Do you speak English? Cooperator: Un poco

 AUSA: Why did you stop working with Orense? Cooperator Arvelaiz: Some money was lost, I sent someone else to pick up money in the Dominican Republic and he disappeared. I was held responsible. AUSA: Were you also involved in fraud? Cooperator: Yes. Bolivars f/x

 Cooperator Arvelaiz: I did a big food business deal with the Venezuela government. But the food was damaged and expired, people got sick, there were legal suits and prosecution. It was 2010.

Cooperator Arvelaiz: After Roberto ran off with the money, Orense invited me to a restaurant in Caracas. He, Pedro Luis Martin and Pollo asked me how I would pay it back. I said, I didn't steal it, I'm not paying it back. Our relationship got bad.

Cross:

OK - in narcos Venezuela trial, now Carlos Orense's lawyer is cross examining cooperator Arvelaiz, after his testimony about El Pollo Caraval, Pedro Luis Martin, Jesus Alfredo Itriago, etc.

Orense's lawyer: So how you rent out boats in Miami?

Cooperator Arvelaiz: Yes.  Orense's lawyer: How much do you earn? Cooperator: It depends. It's a family business.

Orense's lawyer: Do you have a tattoo of Scarface?

Cooperator Arvelaiz: Yes, I like that movie Orense's lawyer: Have you seen Narcos and Narcos Mexico on Netflix?

Cooperator: No, I don't watch that. Orense's lawyer: Do you have a private Instagram? Cooperator: Yes

 Orense's lawyer: You mention Caravajal, Beltran - you can search them in the internet, yes?

AUSA: Objection Judge: Sustained

 Orense's lawyer: Have you exchanged Internet links with the government? Cooperator Arvelaiz: Yes. Orense's lawyer: You trafficked drugs independently - how? Arvelaiz: I dispatched the product. Police helped me.

 Orense's lawyer: You used police to steal from your grandmother? Cooperator Arvelaiz: Yes. Cash and gold.

 Orense's lawyer: Doesn't my client have legitimate businesses in Venezuela? Cooperator Arvelaez: I'm not aware of any.

Orense's lawyer: Doesn't he have cattle on his ranch? Cooperator Arvelaiz: Oh yes, he does.

 Orence's lawyer: My client was involved in oil too, right? Cooperator Arvelaiz: Yes.

 Orense's lawyer: And asphalt, he received a $6 million settlement, right? Cooperator: I don't know that.Orense's lawyer: You can't prove that my client tried to kill you, can you? Cooperator Arvelaiz: I can't.

 Orense's lawyer: When you left Venezuela, you went to China? Cooperator Arvelaiz: Yes

 Orense's lawyer: And you laundered money in China, with Antonio Gabran? Cooperator Arvelaiz: Yes

 Orense's lawyer: You stole drugs from dirty cops? Cooperator Arvelaiz: No.

Orense's lawyer is still crossing Arvelaiz: Did you speak with AUSA Gregorie about the expired powdered milk, for which you were linked to the death of children? Arvelaiz: The AUSA did ask me if people got sick, I don't remember if it was children

 Orense's lawyer: PDVSA, you were asked if he was a contractor? Arvelaiz: Yes.

Orense's lawyer: On July 7, 2022 at 2:13 pm did an agent ask you if were ever in the room with Orense and Arturo Mochomo and you said, Rarely? Arvelaiz: Yes

 Orense's lawyer: In the Miami FDC clinic did you show another inmate a photo of your uncle, Mr Orense?

Arvelaiz (smirking) You can't take property to the clinic. So, no

Orense's lawyer: You tried to kill my client? Arvelaiz: Cierto. With ten men. Orense's lawyer: Didn't you say 20? And did you try to kill El Pollo or Pedro Luis Martin? Arvelaiz: No. They were more powerful.

 Judge: Redirect? AUSA: You were asked about the shows Narcos and Narcos Mexico on Netflix - again have you seen them? Arvelaiz: Trailers.

 AUSA: Did you attend a meeting with Arturo Beltran, and his brother El Mochomo? Arvelaiz: Yes. Orense told me he was serious [Prompting with 3500 material - so, judicial documents?]

More on Substack here

Inner City Press will continue to cover the trial.

The case is US v. Azocar, 21-cr-379 (Broderick)

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Terraform Labs & SEC Argue Summary Judgment After Do Kwon Extradition OKed

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 30 – The SEC's case against  Terraform Labs is moving toward a January 2024 trial. That is, unless summary judgment is granted - arguments were held on November 30, see thread and below. On November 17 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweet, thread.

  Five days later, Judge Rakoff barred defense experts Unny and Parlour - and in Montenegro,  the Basic Court in Podgorica approved the extradition of Terra founder Do Kwon, with the destination of the extradition to be made by the Montenegrin justice minister after Kwon serves out his four-month prison sentence in Montenegro for document forgery.

On November 30, there were summary judgment motion arguments. Inner City Press was there and live tweeted, thread:

All rise! Judge Rakoff: We have an hour, at 4:30 I must attend training of our newly confirmed judge. First, we must address Mr Unny's submission - at the Daubert hearing, I struck Mr Unny as an expert...

 Judge: So it seems like an unauthorized submission. But I will consider it on summary judgment. SEC lawyer: Do Kwon and Terra committed fraud with Luna, with fake transactions

 Judge: How can intent be a matter of summary judgment? SEC lawyer: Do Kwon said, We are not using the Terra blockchain.

SEC lawyer: On the de-peg, Kwon said he was speaking to Jump, to deploy $100 million to buy up UST. The lied that the algorith had healed itself. The defendants have no evidence, and they don't contest ours. We have whistleblowers [now sealed?]

 SEC lawyer: They point to a Chai merchant agreement - but it says "IF Terra's services are integrated" - if. Do Kwon lied on Medium.SEC lawyer: With respect to Howey, there is no issue --

Judge: A swap has a definition, how does this qualify? If the holder bears all the risk? SEC lawyer: The minter bears risk. Judge: Let me hear from your adversary. Terra/Do lawyer: The SEC bears the burden

 Judge: I understand you don't agree with my interpretation of Howey, but I decided that on the motion to dismiss. Terra/Do lawyer: We disagree that the motion to dismiss could decide that. Judge: How can there not be summary judgment on unregistered securities?

Terra/Do lawyer: There are still the exceptions. Judge: That's mostly legal issues, but perhaps not entirely... WHat about fraudulent intent? Terra/Do lawyer: This is the reverse of a 10(b) case. There are factual disputes about Jump

Terra/Do lawyer: There were factual disputes even in the "Dawbert" hearing- Judge Rakoff: Mr Daubert pronounces it DOWbert, the Brooklyn pronunciation [Quiet laughter in the courtroom]

2d Terra / Do lawyer: The SEC has misrepresented Do Kwon's statements. The whistleblower whose name we are not supposed to say, he withheld some of his recordings.

 2d Terra/Do lawyer: The discussion between Do and Chin was noy about Chai. There was Project Santa.  A bit more-  Judge: Quickly. 2d Terra/ Do lawyer: The engineer said he thought settling was occurring through the LP server

 2d Terra/ Do lawyer: The affiant has been caught lying. And Dr Edmonds has admitted he doesn't know how it works. Judge: Rebuttal? Terra/Do lawyer: Can we have a minute of that on our motion? Judge: You can have 2 minutes. [Smiles] SEC lawyer: Do lied on Discord

SEC lawyer: Paul Kim of Terraform had made admissions... The transactions were in fiat, not on the blockchain. Judge: OK, final rebuttal. Terra/Do lawyer: The SEC is flipflopping on the de-peg Judge: But maybe they're right on the law.

Judge: If this case goes to trial, nothing is going to stay confidential. Judge: Adjourned.

More (Nov 30) on Substack here

On November 27, Judge Rakoff ordered whistleblowers' identity and information taken off, among other platforms, CourtListener: "v***SELECTED PARTIES*** ORDER: The Court respectfully directs the Clerk to modify the viewing level to Selected Parties for the documents numbered 103-24 and 103-59 on the docket of this case, so that only attorneys who have entered an appearance in the case for the SEC, Do Hyeong Kwon, or Terraform Labs PTE Ltd. may view these two documents. The Court further directs that unredacted versions of these documents be removed from third party reporting services, including Lexis CourtLink and CourtListener. The Court puts the parties on notice, however, that should this case proceed to trial, the Court will revisit the issue of whether whistleblower names may remain confidential. (Signed by Judge Jed S. Rakoff on 11/27/2023)." We aim to have more on this.

The SDNY criminal case is US v. Kwon, 23-cr-151 (Cronan)

More on Substack here

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 

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