Saturday, November 2, 2024

Eric Adams Trial Set for April 21 After Turkey Bribery Count Argued in SDNY


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 1 – The five-count indictment of NYC Mayor Eric Adams was unsealed in the U.S. District Court for the Southern District of New York Magistrates Court. Inner City Press was the first one in and live tweeted it - as it will his presentment, now set for Friday, September 27 at noon.  

The unsealing thread

On September 17 at noon he was arraigned and pleaded not guilty. Thread.

On September 30, Adams' lawyers now including William Burck did file a motion to dismiss... Count V, on the Turkish Mission. 25 page memo of law of Patreon here.

At 5:58 am on October 1, Adams' lawyers filed a motion for sanctions alleging grand jury leaks - memo of law on Patreon here.

On October 18, the US Attorney's Office opposed Adams' motion about Count V, recounting that "Adams's deal with the Turkish Official continued into 2022, when Adams was Mayor and had direct authority over 'the FDNY approvals' he agreed to influence." Opposition on Patreon here.

On October 25 Adams' lawyer wrote in: "Mayor Adams respectfully requests a trial date no later than March 2025, in advance of the New York City mayoral primary on June 24 (and early voting on June 14)...  Letter on Patreon here.

On October 31, Judge Ho denied Adams' and Spiro's bid for an evidentiary hearing on leaks. Full Order on Patreon here.

On November 1 Judge Ho heard argument - and reserved decision - on Count V, and set the trial day for April 21, 2025 - thread

More/extra on X for Subscribers here and Substack here

The case is USA v. Adams, 1:24-cr-556 (Ho).

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Gupta in Indian Murder for Hire Case Did Not Pay Lawyer so Withdrawl now Federal Defender


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 31 – Back in late 2023 in the U.S. District Court for the Southern District of New York, a superseding indictment was unsealed alleging murder-for-hire charges against Indian national Nikhil Gupta, aka Nick, 52, in connection with his participation in a foiled plot to assassinate a U.S. citizen in NYC - reportedly Sikh Gurpatwant Singh Pannun

Czech authorities arrested and detained Gupta in Prague’s Pankrac prison.

On June 17, 2024, Gupta was presented in the SDNY Magistrates Court. Inner City Press thread

On June 28, with Khalistan protesters out on Worth Street, Gupta was produced by US Marshals before Judge Victor Marrero. Inner City Press was there - thread

On October 17, the US unsealed a second superseding indictment naming a government official, at large, as co-defendant: Indian government employee VIKASH YADAV, a/k/a “Vikas,” YADAV is at large."

On October 18, Inner City Press live tweeted - and later asked Sikhs demonstrating on Worth Street why Modi security official Ajit Doval did not come to the US for the UN General Assembly... Thread

  On October 25, Gupta's lawyer wrote in that he is no longer being paid and asks to withdraw from the case. Letter on Patreon here.

On October 31, in the SDNY Magistrates Court, the change was effectuated - and Inner City Press was the only media there, thread:

 Gupta is due here in SDNY Magistrates Court to get new (free) lawyer, after he stopped paying his previous retained one. Hindi interpreter...

It's done - Gupta has Federal Defender: "hearing as to Nikhil Gupta held on 10/31/2024 w/Hindi interpreter; Jeffrey Chabrowe does not appear. Attorney Michael Rooney is substituted for attorney Jeffrey Chabrowe with defendant's consent."

The case is US v. Gupta, et al., 23-cr-289 (Marrero)

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Webster Bank Is Sued for Unscrupulous Loans on NJ Property by BankESB in SDNY


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 31 – Webster Bank is being sued for unscrupulous loans, in the U.S. District Court for the Southern District of New York which Inner City Press closely covers.

     The lawsuit, by the former Easthampton Savings Bank now known as BankESB, was assigned out to SDNY District Judge John G. Koeltl on October 31, 2024. It states that Webster’s predecessor pitched a participation to it in 2020 in a leasehold office property in New Jersey clled American Metro Center or AMC.

  It says, "Webster has consistently mismanaged the Webster loan." BankESB asks for recission and $500,000. 

 The case is BankESB v. Webster Bank, N.A., 1:24-cv-8268 (Koeltl)

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For IcomTech Crypto Ponzi US Asks 180 Months on Rodriguez Now He Gets 96 Months


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 31 –  For a cryptocurrency Ponzi scheme called IcomTech, which held a promotional event in or near NYC's Times Square, David Carmona on December 21 pled guilty before U.S. District Court for the Southern District of New York Judge Jennifer L. Rochon. Inner City Press was there to cover it - and a related upcoming trial. But first, pleas.

On January 12, the US Attorney's Office wrote in asking for Ruiz Ochoa a sentence near the top of the 57 to 71 month range.

On January 19, Inner City Press attended the sentencing, to five years, thread

On March 11, the cooperator of the witness stand was asked by the prosecution about a lengthy Excel speadsheet, then cross examined about money laundering for drug dealers, and buying cars including BMWs and what he called a "Lambhor jee-nee."

On March 12, the government had on the stand a witness who had bought into IcomTech then made money bringing in others "down line" from her. On cross examination she repeatedly asked to provide longer explanations, but was told that would have to be on re-direct. But it may be fast: by day's end it was said that closings can be on May 13.

And they were, including Brend being described, or shown, to be demanding a $12 fee on top of $3300 he was taking from a victim. Next up: verdict.

In came late on March 14, not without drama, here:

OK - now in case of Brend / IcomTech, there's a verdict sent out by jury- along with a note expressing concern about juror anonymity and safety. Defense says this is serious, wants time to brief.

Defense counsel cites a case he says was about John Gotti and problems cause by juror fear. Judge: I will not grant a mistrial. I don't see any indication of outside influence. The note does not say there is fear, only concern about confidentiality

 Judge: This is very different than a juror being approached by mobsters. So I will take the verdict - any concerns can be raised in post-trial motions, depending on what the verdict is. I will direct the parties not to contact the jurors. Defense: We'd like to contact

 Jury entering! Judge: I have an envelope, I'll now open it. I'll ask my Deputy to hand the verdict form to the foreperson, please. On the sole count of conspiracy to commit wire fraud, Brend? Guilty. Gustavo Rodriguez? Guilty. [Jurors are polled]

[There are now US Marshals in the back of the courtroom - will the prosecutors be asking for immediate remand to prison?] Judge: I thank you for your decision making. You are free of your obligation not to discuss the case. It's up to you

Jury leaves. Judge: Does the government have any applications? AUSA: Now post verdict, see 3143(a)(1), the burden is on the defendants. We think Mr. Rodriguez should be detained. Mr. Brend, we'd add home detention, GPS in Tampa where he lives.

AUSA: Mr. Rodriguez is not a US citizen. This is an aggravated felony; he is presumptively deportable. He faces a very significant sentence here. There's an enhancement for over $25 million. He was involved in other MLMs. He has family in South America: 11 trips

 Update: in the middle of the post-verdict remand arguments, a woman walking out of the court room collapsed, with her eyes closed. 9-1-1 was called. She was described as defendant Brend's mother in law, speaking only Portuguese. Now a break has been taken

 EMS arrived: court resumes. AUSA: Gustavo Rodriguez might just flee to Argentina. Defense: His 18 year old son is here, willing to testify, he would not leave him or his 16 year old. Judge: There is a guilty verdict, Mr Rodriguez will be detained

Rodriguez' lawyer: May my client speak with the son before he is remanded? To tell him how to get home? Judge: Marshals, can you wait a few minutes? Marshal: Yes.

On March 22, the US Attorney's Office argued that the ban on contacting jurors imposed after the verdict should continue, that they not be harassed by the defeated party (citing Moten, 582 F.2d at 664). The only exemption, they say, if if racial animus is expressed, not relevant here.

On June 18, counsel for David Carmona who pled wrote to the Probation Department objecting to the PSR, suggest a guideline of 41 to 51 months and noting that "as to paragraph 75, the matter for which Mr. Carmona was arrested in Las Vegas, Nevada was dismissed and sealed." But the PSR still picked it up...

On July 29 David Brend got a Fatico hearing on loss amounts, appearing for it by video. Inner City Press was in the courtroom, from the thread:

US describing "underestimated" loss amount...

Judge Rochon: What about conscious avoidance?

Assistant US Attorney: It doesn't reduce the loss amount... Brend sent WebEx invites as widely as possible

On September 20, counsel for Cardona wrote in asking for a two year sentence on October 4.

On September 27, the US asked for 188 months on Cardona.

On October 3, Gustavo Rodriguez's requests got shot down: "ENDORSED LETTER as to Gustavo Rodriguez addressed to Judge Ross from Attorney Jeffrey Cohn dated October 1, 2024 re: I write to request that the Court adjourn sentencing in the above-referenced case and set a date for a hearing on Mr. Rodriguez' pending motions pursuant to Rules 29 and 33 of the Federal Rules of Criminal Procedure. It is Mr. Rodriguez' intention to testify at the proposed hearing. As regards the timing of this letter, shortly after undersigned counsel was retained, Mr. Rodriguez had proposed meeting with the government and it was only yesterday that the government informed me that it refused to meet with him. ENDORSEMENT: The request to adjourn sentencing is DENIED. Defendant was found guilty on March 14, 2024 and the sentencing date has already been repeatedly adjourned in this case. Therefore, it will not be moved. The Court will hear argument on Defendant's Rule 29 and Rule 33 motions on October 11, 2024 at 11:00 a.m. SO ORDERED. ( Motion Hearing set for 10/11/2024 at 11:00 AM before Judge Jennifer L. Rochon. ) (Signed by Judge Jennifer L. Rochon on 10/3/2024) "

On October 4, Cardona was sentenced to 121 months. From Inner City Press' thread:

AUSA: Mike Myersnow at sentencing of Carmona in Icomtech Ponzi case, he is already in detention. Prosecutor just quoted "Wayne's World." says, tell two friends, and they tell two friends. That's what happened here, a Ponzi. His loss amount is over $25 million.

Judge: That may be under reported. This scheme targeted vulnerable people, including those without legal immigration status

On October 10, counsel for Gustavo Rodriguez asked that he get time served on October 22.

On October 17 the US Attorney's Office wrote in asking for 160 months on Rodriguez - and on Brend.

On October 22 Inner City Press went to Rodriguez' sentencing. His new lawyer argued for a Fatico hearing, including a Mr. Cruz who had come to testify he designed websites just like Rodriguez. Judge Rochan got the day's CJA counsel to come up and advise Cruz; Rodriguez took the stand at 4 pm and began speaking about the farming region in Argentina he comes from.

The sentencing only occurred on October 31, after days of Fatico hearing(s). Thread:

 . Judge: I find intentional false statements, so enhancement upward. And perhaps a departure upward too - I'll issue my sentence after lunch

 AUSA: He perjured himself for days. He showed his Ponzi scheme on a white board. He is remorseless. Carmona had no clue how to trade crypto, he didn't even watch a YouTube video

AUSA: I am going to ask for more than in our memo - 180 months, more than the 121 months Carmona was sentenced to. Defense lawyer: That's more than violent criminals get.

Defense: He's a computer nerd that made a mistake. He just wanted to help Carmona. Inmate Stan Jones wrote in saying he should get home confinement. His son was here for trial, if you remember- Judge: I do [Me too]

 Defense: He has been extorted in MDC Bklyn. OK, he had too much intellectual pride. What other programmer has been sentenced like this? He could teach how MLM needs extra levels of security to make sure it's not a fraud Judge: Did he have a hazardous tool in MDC?

Defense: A phone in his cell. It wasn't his. Gustavo Rodriguez: Initially I wanted to talk with the Government to help them... For my son, he had never spent a night without me. My other son is finishing high school, he saw college costs, very high. Have mercy

Judge: I take this seriously. I will rule later

Judge is back: Gustavo Rodriguez brought back in by US Marshals Judge: He is clearly a very smart man. Based on my lengthy time with him... I do not believe he is a sociopath. He created the back office and website that allowed this. He did not profit like others

 Judge: There are many crypto frauds, they must be deterred. I considered Tacuri [20 years, for Forcount]. Carmona and Ochoa pled guilty: he went to trial, then said things that are not true. I sentence you to 96 months or 8 years

More on X for Subscribers here and Substack here

The case is US v. Carmona, et al., 22-cr-551 (Rochon)

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After SBF 25 Years Nishad Singh Time Served Sentence As Knew Less or Later than Ellison


by Matthew Russell Lee

SDNY COURTHOUSE, Oct 30 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," audio/book here.

  On March 28, 2024, Inner City Press live tweeted his sentencing, to 25 years.

On September 9 cooperator Caroline Ellison's counsel filed a letter that "Ms. Ellison seeks leave to redact the names of certain people. Counsel for the government consents to this request." Document on Patreon here.

  Late on September 9 Inner City Press submitted opposition to sealing. Judge Kaplan docketed the filing on September 10. See here and, on DocumentCloud, here. If SBF's suretors were unsealed, how not these eigth supporters?

Just before midnight on September 10 Ellison's lawyers filed a 60+ page memo, with redactions, asking for... no jail time, time served. Filing on Patreon here.

On September 17, amid the Sean Combs detention hearing, the US Attorney's Office filed that "the Government intends to move at sentencing, pursuant to Section 5K1.1 of the U.S. Sentencing Guidelines(the “Guidelines” or “U.S.S.G.”), that the Court sentence Ellison in light of the factors set forth in Section 5K1.1(a) of the Guidelines." Letter on Patreon here.

On September 24 after praise from the AUSA and Judge, Ellison was sentenced to 24 months, minimum security.

On October 16, counsel for Nishad Singh wrote in saying he was else involved that Caroline Ellison and deserves a sentence of time served - no prison. "Another deeply personal act of kindness came when [REDACTED]

On October 23 the US Attorney's Office wrote in, as they did on Ellison, asking for sentencing light of 5K1.1(a).

On October 29, John Ray wrote in: "Mr. Singh participated in a teleconference with the Debtors’ advisors during which he provided information about FTX’s computer systems. Mr. Singh, through his counsel, has also assisted the Debtors’ advisors by answering questions and providing information relating to the Debtors’ investigations and adversary proceedings. Mr. Singh has, through his counsel, also made substantial productions of documents to the Debtors in response to legal process. Mr. Singh has also assisted the Debtors by voluntarily returning Bahamian real estate that was purchased with Debtor funds." Full letter on Patreon here.

On October 30, Singh was sentenced to time served, with three years supervised release. Inner City Press live tweeted the proceeding and arguments here.

More on X for Subscribers here, Substack here

This case is US v. Bond, 24-cr-494 (Daniels)

We'll have more on this.

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