Saturday, February 25, 2023

Barot Charged With Stealing Company's $4M Then Fleeing to India is Detained, Med Issues

 

By Matthew Russell Lee, Patreon Maxwell book

SDNY MAG COURT Exclusive, Feb 24 – In the U.S. District Court for the Southern District of New York on February 24, a bail or detention proceeding was held by Magistrate Judge Valerie Figueredo on a man charged with stealing $4.4 million from the company where he worked, through unauthorized credit card charges and false invoices.

Inner City Press covers the SDNY Mag Court(s). Related Mag Court live-tweeted thread (more on Patreon here) vlog here

  The Assistant US Attorney based his argument on risk of flight, emphasizing that just after the company sent a private investigator to get their laptop back, its hard drive was "punctured" and the defendant Bhaskarray Barot flew to India. He returned three weeks later and was arrested on the morning of February 24.

  It emerged, first off the record then on, that the defendant had misled the arresting officers about his need for medication; a friend in the courtroom, the defendant lawyer told Judge Figueredo, had been given the medication "in a plastic bag."

 Judge Figueredo, who after a break had ordered the defendant detained, noted that a FIT (fitness) examination at the hospital was necessary now, at 5 pm on a Friday. There was some back and forth that Inner City Press is voluntarily not reporting. So far there is only a complaint, not yet an indictment.

The case is US v. Barot, 23-mj-1351 (Figueredo) - the case was still listed as "under seal" after the proceeding. 

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Norman Seabrook Wins Release, 10 Day Stay After Cited State Dept Salehi 1 Year Sentence

 

By Matthew Russell Lee, Periscope video

SDNY COURTHOUSE, Feb 24 --  Before Norman Seabrook, former head of the NYC Corrections Officers union, was sentenced on February 8, 2019 by U.S. District Court for the Southern District of New York Judge Alvin K. Hellerstein to 58 months in prison, a victim's statement to the court cited what it called Seabrook's racist rant on YouTube.

   Afterward on Worth Street Inner City Press asked Seabrook about the YouTube video - actually, an audio file with an array of still photographs.  Seabrook told Inner City Press they doctored it to make him look bad. His (actual) answer on Periscope here - and here now audio file on YouTube, here.

On August 26, 2021, Seabrook's lawyer renewed his Stillwell demand to the US Attorney's Office, this time citing Michael Avenatti's mistrial in the Central District of California before Judge James V. Selna, Seabrook's letter concludes, "the sound I hear if the proverbial 'circling of the legal wagons' around One St. Andrews Plaza."

But on August 27, Judge Hellerstein denied it: "MEMO ENDORSEMENT as to Norman Seabrook on re: [417] Letter filed by Norman Seabrook. I write to supplement my July 8th letter moving for reargument of theCourts decision issued in response to Defendants "Stillwell Demand" seeking non-provided Government Brady-Giglio material... ENDORSEMENT...Defendant gives me no reason to change my mind. The issue has thoroughly discussed. Defendant's motion for rehearing is denied (Signed by Judge Alvin K. Hellerstein on 8/27/21)(jw)."

Jump cut to February 24, 2023: "ORDER AND OPINION GRANTING MOTION FOR REDUCTION OF SENTENCE as to Norman Seabrook: Seabrook's motion to reduce his sentence and be released from custody is granted. After release from custody, Seabrook will be subject to three years of supervised release, as set out in the original judgment in this case. ECF No. 298. Execution of this order shall be stayed for 10 days to give the Government time to review this decision and to determine whether to seek an appeal. The Clerk shall terminate ECF No. 451 and mail a copy of this order to Defendant. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/23/2023)(A copy of this ORDER AND OPINION has been mailed by the Clerk's Office on 2/24/2023 to Norman Seabrook, Reg. No. 77754-054, c/o Beckley Satellite Camp, P.O. Box 350, Beaver, WV 25813)."

 Previously Seabrook's lawyer asked for an extension of his time to surrender to begin serving his prison sentence until May 3. Seabrook "has been placed on a 'vaccination waiting list' and is "someone who by virtue of a) ethnicity and (b) pre-existing pulmonary disease, [surrender is] a possible Eighth Amendment violation."

  Now on March 1, the request has been denied: "MEMO ENDORSEMENT as to Norman Seabrook on re: [363] To request that the Court further postpone Norman Seabrook's surrender date until May 3... The request for still another adjournment of the surrender date is denied. The conditions for sentencing, discussed at the sentencing conference, require reasonable promptness in surrendering to the Bureau of Prisons to begin defendant's custodial sentence. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 3/1/21)."

But now on March 23: "MEMO ENDORSEMENT as to Norman Seabrook on re: [365] LETTER by Norman Seabrook addressed to Judge Alvin K. Hellerstein from Roger Bennet Adler dated March 2, 2021 re: Reargument / Reconsideration. ENDORSEMENT: So ordered. My endorsed order of March 1, 2021 (ECF No. 364) is modified to extend Defendant's reporting date to April 26, 2021, at 2:00 p.m., at the facility designated by the Bureau of Prisons, in order to allow defendant to be vaccinated against the Covid virus. (Signed by Judge Alvin K. Hellerstein on 3/23/2021)." Watch this site.

 On February 2 Seabrook filed a motion for return of property, with Susan Seabrook asking for $9000 cash she was at Mohegan Sun in 2013, some of it "Applied Toward Cosmetic Surgery." Included are copies of the FBI's warrant records for 1920 Muliner Avenue, The Bronx, NY.

 Now on February 23, Seabrook's lawyer has replied stating that while the US agrees to return "the money seized from his pants" it is refusing "to return the $21,000... found within three T.D. Bank envelopes inside a closed safe in the Defendant's master bedroom."

Jump cut to April 12, 2022, when Seabrook's lawyer again wrote in seeking to reduce prison time, this time citing the one year sentence given to State Department fraudster Salehi, which Inner City Press also covered, here. The letter says "the Government's cooperator Jonah Rechnitz has apparently 'tap danced' his was, avoiding surrender and payment of restitution." We'll continue to follow this. This case is US v. Seabrook, 16-cr-467 (Hellerstein).

  On January 27, Seabrook asked for permission to travel for three weeks to Florida. Now on January 28, this: "MEMO ENDORSEMENT as to Norman Seabrook on re: [352] LETTER by Norman Seabrook addressed to Judge Lewis J. Liman from Roger Adler dated January 27, 2021 re: Defendant Travel Request. ENDORSEMENT: Norman Seabrook's request to travel to the area of Tampa, Florida, between February 8 and 22, 2021, to stay with his daughter is approved, on the condition that he satisfies all Covid-19 protocols, including wearing masks in all public places, provides his precise itinerary in advance to his probation officer, and satisfies all conditions of bail, including reasonable reporting to the probation officer. A defendant, faced with an imminent custodial sentence, has a legitimate interest in spending time with his daughter."

On November 25, 2020, the day before Thanksgiving, Seabrook filed with Judge Hellerstein to avoid starting his jail sentence in December. He cited COVID 19, in an affidavit that left even his age blank.

On December 3, opposition was filed with Judge Hellerstein, from Eric Golub, retired NYC DOC and  Celestino P. Monclova - with maskless photos.

Later in December, Roger Bennet Adler, attorney for Norman Seabrook, wrote in to be informed if his clients case was transfered to Judge Lewis J. Liman, like that of co-defendant Murray Huberfeld. He say he has a motion for the return of property.  We'll have more on this.

  In the SDNY courtroom it was cognitive dissonance: Norman Seabrook who rose from poverty to head of a union with 10,000 members, who endorsed Michael Bloomberg; Norman Seabrook who asked for tens of thousands of dollars to steer union money into a Cayman Islands hedge fund which failed.

  Prosecutor Martin Bell referred to a Ferragamo bag visible in Seabrook's house for months. When Seabrook spoke he said it was a gift with cigars, taking a cigar out of his suit jacket.

Seabrook's lawyer Paul Shechtman cited Seabrook's work on the so-called feces bill to make throwing excrement at a corrections officer a felony. On the hand Seabrook was accused of threatening his board members with returning to work in a prison as punishment, and of going after anyone who dared run against or otherwise oppose him. Seabrook felt that it was his time to get paid, that he was bigger than the cause he began fighting for, Bell said.

Shechtman also spoke after the sentencing. Inner City Press asked him about Judge Alvin K. Hellerstein's seeming reversal of an initial position that it would be hard to leave Seabrook out on bail pending appeal. Shechtman replied affably that he had to win something, after the 58 month sentence.  Video here.

  An issue on a appeal will be whether Seabrook's second jury should have heard about the $19 million loss.

 Inner City Press asked Shechtman about the restitution, how much would be paid by hedge funders Murray Huberfeld,  Jona Rechnitz and perhaps (Judge Hellerstein indicated) Jeremy Reichberg. Shechtman told Inner City Press, If Norman wins $19 million in the lottery, we'll talk about that. Watch this site.

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Avi Eisenberg Detained Unlike SBF As Mango Labs Gets TRO 2 More Weeks after Arguments

 

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTROOM, Feb 24 -  In the U.S. District Court for the Southern District of New York on December 27, 2022 a complaint was ordered unsealed charging Avraham Eisenberg with commodities fraud. He was arrested in Puerto Rico.

Inner City Press is covering the case(s), often as the only media in the Mag Court. Related Mag Court live-tweeted thread (more on Patreon here) vlog here

On January 9, Inner City Press came across the CFTC case against Eisenberg, just filed (still with no title in PACER) and put it out on Patreon here. The 21-page civil complaint is, as is often the case, more detailed...

  The same day the criminal complaint was unsealed, Inner City Press repeatedly checked the SDNY Magistrates Court but it was locked. But the complaint in this case charges that Eisenberg "engaged in a scheme involving the intentional and artificial manipulation of the price of perpetual futures contracts on a cryptocurrency exchange called Mango Markets... which has its own native crypto token called MNGO."

The unsealed complaint is now on Patreon here

On January 30, 2023, District Judge Liman held a hearing on Mango Labs LLC's order to show cause - but no one was there for Eisenberg. In fat, Inner City Press was the only person in the courtroom gallery. Here's some tweets here.

On February 3, Eisenberg in a yellow jump suit and feet shackled was brought into Magistrates Court at SDNY. He had, at least for the proceeding, the same lawyer Ethereum developer Virgil Griffith had in the North Korea sanctions case he pled guilty in: Brian Klein.

  His parents were in the gallery and he looked at them, from two rows away. The prosecutor said that (unlike on Sam Bankman-Fried) they were seeking detention, and that he was consenting at least for now.  Here is Inner City Press' thread.

There's more detail on Patreon here.

On February 14, there was a very brief arraignment, thread here:

OK- now at arraignment of Avi Eisenberg, who unlike Sam Bankman-Fried is in detention, brought in by Marshals in a yellow prison jumpsuit. 

Judge Berman: How do you plead?

EISENBERG: Not guilty.

Klein (who repped Virgil Griffith): We are being retained. Judge: March 14 at 1 pm. That's it.

This next session, now described as a bond hearing, came up on February 24 during an hour and a half argument in Mango Labs v. Eisenberg before Judge Lewis J. Liman. Inner City Press live tweeted, thread here:

OK- now in Mango Labs v Avi Eisenberg, preliminary injunction argument. Mango Labs accuses EIsenberg of "unlawful threat."

 Judge Liman: This is about tokens, but could just as easily be about securities. Couldn't the individual tokenholders have sued?

Mango Labs' Morrison (MoFo) counsel: it was duress. They were skitish he would just run off

MoFo: He used the passport of a Ukrainian woman to open an account on a third party exchange to pump the price of Mango. He is a criminal -  Judge: He is presumed innocent

Eisenberg's lawyer: At first we didn't know much about Mango Labs...We still question their standing.

MoFo: Eisenberg is a bot trader, the assets can move even though he's locked up in Essex [Eisenberg's civil counsel says bond hearing March 14]

  Ultimately Judge Liman extended the TRO for two weeks, after for two letters by Tuesday, and said he will rule on March 10. Watch this site.

Inner City Press will have more on these cases.

The criminal case is US v. Eisenberg, 23-cr-10 (Berman)

The CFTC case is Communities Futures Trading Commission v. Eisenberg, 23-cv-173 (Schofield)

The Mango Labbs civil case is Mango Labs, LLC v. Eisenberg, 23-cv-665 (Liman)

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FTX Bankman-Fried Hit With New Charges US Says Arraign Him in May & Trial Still October

 

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Feb 23 – Sam Bankman-Fried of FTX was indicted in the U.S. District Court for the Southern District of New York, leading to his arrest in the Bahamas on December 12, and extradition to the US on December 21. He was released on $250 million bond - and reappeared on January 3, see below - with the requirement of co-signers.

But he wanted them secret: "LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated January 3, 2023 re: Request to Redact Names and Identifying Information for Certain Bail Sureties . Document filed by Samuel Bankman-Fried. (Cohen, Mark)." Six page letter on Patreon here -
Inner City Press nearly immediately opposed, here. That was Docket Number 31. And it ultimately prevailed, see below.

On February 23, SBF was hit with new charges in a superseding indictment: bank fraud and operating an unlicensed money transmitter  “falsely represented to a financial institution that the [North Dimension] account would be used for trading and market making,” when in fact it was to be used to receive and transmit customer funds.  SBF et al. “agreed to and did make corporate contributions to candidates and committees in the Southern District of New York that were reported in the name of another person." Inner City Press quickly published the superseder here.

On the evening of February 23, the US Attorney's Office wrote to Judge Kaplan about the two new charges, stating that "The Government respectfully suggests that the Court arraign the defendant on the S3 Indictment at the next court appearance that arises, or at the scheduled oral argument on May 18, 2023, whichever comes first. The Government requests that the Court exclude time under the Speedy Trial Act to October 2, 2023, the first day of trial." Letter on Patreon here.

Back on January 30, Judge Kaplan granted the motion to unseal - but stayed the order until February 7 to allow for an appeal. Inner City Press (Matthew Russell Lee, intervenor pro se) unloaded the order to DocumentCloud here

At 2 pm on February 7, Bankman-Fried's lawyers filed notice of their appeal to the Second Circuit, to (try to) keep the names secret.

But on February 15, Judge Kramer ordered unsealing: "ORDER as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. On January 30, 2023, the Court issued an order granting the motions of several news organizations to unseal the names of defendant's non-parental bail sureties. (Dkt 57) Given the novelty of the question presented and the likelihood of appeal, the Court stayed the order "until 5 p.m. on February 7, 2023 and, if a notice of appeal from th[at] order [was] filed by then, until February 14, 2023 at 5 p.m. in order to permit an application for a further stay to be made to the Court of Appeals should any adversely affected party wish to file one." (Dkt 57, at 12.) On February 7, 2023, Defendant timely filed a notice of appeal from the January 30, 2023 Order. As of today, however, no application for a further stay has been made to the Court of Appeals. Accordingly, the Clerk shall file on the unrestricted public record complete copies of the redacted bonds previously docketed as Dkt 55 and 56. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/15/2023)."

  Inner City Press published that - and then the two names: Larry Kramer, former dean of Stanford Law, and Andreas Paepcke of Stanford InfoLab, photos here and here. Watch this site.

The case is US v. Bankman-Fried, et al., 22-cr-673 (Kaplan) 

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In Rochester Drug Co-op Trial Doud Guilty But Now Fentanyl Weight Vacated Sentencing March 8

 

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Feb 23 – A major opioids jury trial began on January 18 in the U.S. District Court for the Southern District of New York. Inner City Press covered the trial, to its February 2 conclusion in two guilty verdicts. 

  Laurence F. Doud III, the former CEO of Rochester Drug Co-operative, was indicted in 2019, and the case was assigned to District Judge George B. Daniels, who presided over the trial.   

  On February 2 the jury returned with guilty on both counts. Sentencing was set for June 29. Then it was extended to September 21. On August 22 Doud through counsel call his prosecution and conviction as a CEO unprecedented, and asked for "a non-incarceratory sentence" - that is, NO jail time - and that in any event he remain released on bail pending appeal.

On December 9, Doud asked for another adjournment of sentencing, to an unspecified date by which all of his motions have been ruled on. On December 13, the US Attorney's Office opposed, adding that "if the Court is inclined to grant an adjournment, the Government respectfully requests that the adjournment be for no more than 30 days."

On December 21, Judge Daniels ruled: "ORDER as to Laurence F. Doud III: The sentencing scheduled for January 4, 2023 is adjourned to January 31, 2023 at 9:45 a.m. Sentencing submissions are due a week prior to sentencing. (Sentencing set for 1/31/2023 at 09:45 AM before Judge George B. Daniels) (Signed by Judge George B. Daniels on 12/21/2022)."

But on January 11 Doud's counsel wrote in again, now wanting to further delay Doud's sentencing into March.

And on January 12, he got it: "Set/Reset Deadlines/Hearings as to Laurence F. Doud III: Sentencing set for 3/8/2023 at 10:00 AM before Judge George B. Daniels."

On February 23, Daniels denied most but not all of Doud's motions: "MEMORANDUM DECISION AND ORDER [151] Motion for Acquittal as to Laurence F. Doud III. On February 2, 2022, a jury convicted Defendant Laurence Doud of conspiring to illegally distribute oxycodone and 400 grams or more offentanyl in violation of21 U.S.C. งง 841 and 846, and of conspiring to defraud the Drug Enforcement Administration ("DEA") in violation of 18 U.S.C. ง 371. Before this Court is Defendant's January 28, 2022 Motion for a Judgment of Acquittal Pursuant to Federal Rule of Criminal Procedure 29 or, in the alternative, a New Trial Pursuant to Federal Rule of Criminal Procedure 33. (ECF No. 151.) Defendant's Rule 29 motion is GRANTED as to the jury's finding that his Count One conspiracy to illegally distribute controlled substances involved at least 400 grams of fentanyl, and that finding as to weight is vacated. Defendant's Rule 29 motion is otherwise DENIED and his two convictions stand. Defendant's Rule 33 motion is DENIED in its entirety. Defendant's motion for a judgment of acquittal pursuant to Rule 29, (ECF No. 151), is GRANTED as to the jury's finding that his Count One conspiracy to illegally distribute controlled substances involved at least 400 gram s of fentanyl, and that sentencing enhancement as to weight is vacated. Defendant's Rule 29 motion is otherwise DENIED and his two convictions stand. Defendant's Rule 33 motion is DENIED in its entirety (Signed by Judge George B. Daniels on 2/23/2023)." Watch this site.

 Previously, Inner City Press live tweeted here:

in the opioids trial of US v. Doud (CEO of Rochester Drug Co-op) there is a verdict. Judge Daniels is bringing the jury in. Larry Doud was not at the defense table earlier today while his lawyers argued with the prosecutors about how to respond to a jury note about fenanyl dosage. But he's at the table now. Still waiting for the jury and their verdict.

 Jury entering!

Judge Daniels: We received your note, that you have a verdict. So I'll ask my law clerk to get it.

Foreperson: Guilty!

Did Defendant Doud conspire to distribute fentanyl? Foreperson: Yes. 400 grams and more.

Court 2? Foreperson: Guilty.

Judge Daniels: Thank you for your services, especially under the COVID circumstances.

 Back on January 16, two days before jury selection, Doud's lawyer Robert C. Gottlieb wrote to Judge Daniels to oppose admission of the testimony of Barbara Castro, an opioids addict.

Assistant US Attorneys Thomas Burnett, Nicolas Roos and Alexandra Rothman had indicated they intend to call Castro "as early as Tuesday, January 18, 2022, in the afternoon."

But Day 1 went long. Inner City Press live tweeted it.

  On Day 2, a witness who worked under Doud at RDC cried on the stand. Inner City Press live tweeted here and below.

  Day 3 came toward a close, with the same witness, with two POVs on a closed door meeting between Larry Doud and Jessica Pompeo leading to the latter's tears, but why? Live tweeted here.

On January 24, at the end, Doud's lawyer bristled at being told, again, that the DEA is not on trial. Inner City Press live tweeted, here and below.

 On Janaury 25, as the US said it is nearing resting its case and the defense fretted about not having a witness ready - in the US v. Maxwell trial that meant the defense was finished too - an expert took the stand. The taxpayers are paying him $900 an hour, for 50 hours so far. Inner City Press tweeted it here

On January 26, a pharmacy owner from Staten Island (and before that Bay Ridge, Brooklyn) testified, after he cut a cooperator's deal on Jan 14. It is coming to a close. Inner City Press live tweeted here and below.

  On January 27 the evidence wrapped up and Inner City Press live tweeted the wrapping up, here and below.
 
 On January 28, with the trial not meeting, Doud's lawyers put in a Rule 29 motion for acquittal, arguing that even the US' star witness William Pietruszewski acknowledged on cross he had entered no conspiracy. They quote his answer that Joe Brennan "never said he wanted the medications diverted for non-medical purposes," and said Jessica Pompeo (now Bouk) and Amy Skibickhi were in the same boat. From Judge Daniels statements so far, this motion would seem to have little chance of success. Watch this site.

in opioids trial against Larry Doud of Rochester Drug Co-op, it's the final day of witnesses. Judge Daniels has criticized Doud's lawyer's argument about yesterday's cooperator.

 In the morning there was a Doud "character witness" who said she could not think of a single negative adjective to apply to Doud. Now an expert is disagreeing with / rebutting the government's / taxpayers' $900/hour expert Cutler of Harvard

 Q: Was Larry Doud incented to sell controlled substances based on his compensation structure? Objection! Judge Daniels: Sustained. I'm not sure he's qualified to answer.

Q: No further questions at this time. AUSA: Good afternoon, Mr. Martinovik (sp). Did you meet with the defense attorneys this morning? Witness: Yes. AUSA: Didn't you say you had an unmovable conflict today? Objection! (on delay)

 It's past 4 pm on the final day of evidence in opioids prosecution of US v. Doud's and defense lawyer Gottlieb is still cross examining from the HEPA-filter equipped booth. Gottlieb: You see pharmacies were suspended or terminated - were you asked to look at them?

 AUSA: Objection! Judge Daniels: Mr Gottlieb, do you have anything further?  Gottlieb: I have nothing further.  Re-direct. AUSA: Mr. Fiore, just so everyone is clear, do you know if RDC actually stopped selling, or the defense exhibit is inaccurate?

Witness: No, I don't know.

AUSA: Call up exhibit 918, last page, page 37. This was a termination. This pharmacy, how much in Oxy? Witness: $41. AUSA: And this one? Witness: $8300.

AUSA: No further questions. Judge Daniels: We'll adjourn for the weekend.

 Judge Daniels: I hope we just have the closings on Monday. But we might have a bit more evidence then.

AUSA: Jury charge when? Judge Daniels: 2 pm tomorrow, responses noon Saturday. AUSA: Exhibits on a drive? Or do we use paper? Judge Daniel: Let me see, I'll check the protocol.

 Defense: The sales data takes like ten minutes to load.  Judge Daniels: We could bring the jurors out and explain, they could narrow their request. AUSA: Do we provide note pads?  Judge Daniels: We do that. See you Monday

From January 26: opioids trial of US v. Larry Doud of Rochester Drug Co-operative nearing end, Judge Daniels has been asking defense lawyer Gottlieb why witnesses not ready, now a pharmacist on stand.

 Pharmacy owner: I signed up with RDC, it was easy. The customers were re-selling the pills, unfortunately. AUSA: And your pharmacist? Owner: He basically slept all day.  AUSA: Is this is a photo of him sleeping? Owner: Yes.

AUSA: Did you fill prescriptions for Doctors like Suarez and Carl Anderson? Owner(Paulson, of "Regal Remedies" on Staten Island) Yes.

 Email is read into the record, about how many opioids were being sold, ending with "It's Staten Island, need I say more?" story later

Paulson now on cross:

Doud's second chair: You don't actually know Mr. Doud, do you? Paulson: I do not. Doud's 2d chair: You signed a cooperation agreement just before trial, and surrender to jail, right? Paulson: Correct.

 Doud's 2d chair: You sold pills out of the back door of your pharmacy, didn't you? Paulson: Yes. Doud's 2d chair: You fraudulently held yourself out as a pharmacist, weren't you? Paulson: Yes.

 Doud's 2d chair: You filed false papers with RDC, didn't you? Paulson: I did. Doud's 2d chair: They wouldn't know the papers were false, would they? Paulson: I dealt with doctors they knew were hot. Doud's 2d chair: That's not my question.

 Doud's 2d chair: You worked before at a pharmacy on 86th Street in Brooklyn, right? Paulson: Yes. Doud's 2d chair: And that's a working class neighborhood, fair to say? Paulson: Fair to say. No further questions.

 Re-direct. AUSA: Who sold you the drugs? Paulson: RDC. AUSA: Did they appear to be decieved? Paulson: Not to me. AUSA: No further questions.... The government calls its own paralegal as a witness.

Judge Daniels, to jury: I intend to finish with witnesses tomorrow. I won't have you come in Friday, I've heard there is a storm. Closing arguments on Monday. Adjourned.

From January 24: Opioids trial of US v. Larry Doud of Rochester Drug Co-operative still plugging along, on cross examination after day of compliance witness in the charged conspiracy.

 Defense: Are you aware of any law that defined suspicious orders or orders of unusual frequency? Witness: I'm not sure. Defense: Were you aware that the DEA didn't even want registrants to tell it when they found red flags?  Witness: I did not.

Judge Daniels dismisses the jury. Now AUSA argues again, the DEA is not on trial, Mr. Doud is. Defense lawyer Gottlieb: There were instances that RDC went out of its way to do compliance. Not a perfect job, but they did it.

 Gottlieb: My client's live is on the stand [on the line] and I have a right to cross examine. I don't need lessons from the government. Judge Daniels: I think of the case from the jurors' perspective, not the lawyers' perspective.

Judge Daniels says, We are breaking for the day, & that tomorrow morning he has to deal with another matter before resuming the trial (sentencing then class action settlement. But we'll keep on it

 After the trial date, the defnse put in a letter seeking to exclude 95 slides to be used by US expert David Cutler, on Doud's income, comparisons of opioids shipments and on compliance adequacy, on which they say Cutler is not an expert.

Day 3: Larry Doud at defense table leaning forward listening to re-direct examination about particular pharmacies "turned on" by Rochester Drug Co-operative. 

AUSA: You see this email, where Larry Doud wrote, I don't think it's going to end well?  Witness: Yes. AUSA: Then this one is later. What's going on? Witness: We were questioning if we should release the order. But we did.

AUSA: And GX 278? Witness; A red flag suspension on Stanton. But it was years later... In this other case, even after Julius Morton went, there were still red flags. Even after they were turned off, management turned them back on.

Witness: This was from Larry Doud, I was cc-ed. He asked, Why does it make Jessica so long to do the reports? Sure seems like a slow process. AUSA: No further questions.

 Defense re-cross: You said "upper management" was responsible, right? But wasn't that Bill P? Witness: Not necessarily.

Judge Daniels: We have a witness in from Rochester. You may take off your mask. Witness 2: I was the credit manager of RDC.

 AUSA: What is a credit limit? Witness 2: The amount of credit we extend them. AUSA: What is a credit hold?

Witness 2: For example if they are behind on payment. AUSA: Did Larry Doud ever ask you to lift them? Witness 2: Yes.

AUSA: Did you know Jessica Pompeo? Witness 2: Yes.... One time Larry went in and met with her then she came out with eyes red. She said Larry made her release the hold on an account. Defense: Is it illegal to remove a hold? Witness: No.

Judge Daniel: Already, we are done for the day.

Day 2: Now there are tears on the witness stand, with Larry Doud directly accused on not reporting irregularities to DEA

Assistant US Attorney: While you worked in the compliance department, how many orders were flagged? Witness: Many. AUSA: What is this? Witness: The DEA Month and Orders of Interest report, from 2012 to 2017.  AUSA: Was anything reported? Witness: No.

AUSA: What did you write here? Witness: That there was a red flag, High cash for benzo. AUSA: Read from "man oh man."

Witness: "All the new stores we are bringing on have issues."

 AUSA: Meaning? Witness: That we had seen red flags. AUSA: Read the 1st paragraph from Julius Morton.

Witness: One of the partners, Roman of a pharmacy in Yonkers, he said we at RDC is picking up rejects from Cardinal and other distributors. Witness: Doud said the DEA was loosening up its visits - Defense: Objection!

Judge: Ask her how she knows. AUSA: Ms. How do you know this? Witness: Larry told us. He wanted accounts turned on as soon as they passed our credit check.

AUSA: And this? Witness: It's Larry Doud to me, it says "I do not want to slow this down." AUSA: No due diligence?

Witness: No, we were not reviewing the dispensing data. AUSA: Did Dowd speak to you? Witness: Yes. He said, turn them on for controlled substances.

 AUSA: Play the voicemail. "Larry came into my office... I don't want Larry to be thinking I'm being obstinate."

AUSA: GX 502-T is an accurate transcript of your voicemail? Witness: Yes. AUSA: Are you aware of a pharmacy called 59 Street, in Brooklyn? Witness: Yes.

Defense: Can we have a side bar? Judge Daniels: Uh... Defense: It'll be brief. [Note: Now Doud is sitting alone at the defense table, looking at witness and his lawyers conferring with prosecutors and Judge Daniels at the sidebar

 They're back. AUSA: Was this pharmacy, 59th Street, turned on while Larry Doud was at the company? In 2016? Defense: Objection! Let the witness answer. Judge: Sustained. AUSA: OK, look at this email. Witness: It's December 2016. Larry was there.

Witness: Petropinto... David Taylor, previous vetted, oxy 30 mg. Bay Ridge, family medicine, high cash. 90% cash for South Shore Pro Health. Lambrakis, 100% cash.

AUSA: And Carl Anderson? Witness: We flagged him.

It's 4:55 pm. Judge Daniels excuses the juror and tellst the witness to step down. Defense lawyer Gottlieb: Anything after March 2017 is not relevant. Allowing it in creates a real due process for us. We weren't put on notice.

 Judge Daniels: If I stole a car then they discover it later, that's admissible.  It's fair game. Government? AUSA: She'll say she reported later because Larry Doud wasn't there saying don't report. We can brief it overnight.

Day 1: AUSA accusing Team Doud of putting the US on trial.

First US witness against Doud is a former DEA agent, now working in a  different job in Virginia. "I dealt with the registrants in the field."

Assistant US Attorney: What did you do in that role? Witness: I was the chief. I went to industry sponsored conferences

 AUSA: What is Subsys? Witness: An opioid spray for break-through pain. AUSA: Fentanyl? Witness:  Yes. It's very dangerous.  AUSA: What's this? Witness: A bottle of Oxy.

 AUSA: What's this? Witness: A chart showing the supply chain... It shows how the drug gets from the manufacturer to the user. Inner City Press

 It's approaching 4:30 pm and Doud's lawyer's cross continues (still no user as Inner City Press reported on yesterday)

Defense: Do you agree that a distributor has no way to know if a pharmacy's info is accurate & has no  obligation to investigate a prescription?

Defense confronts witness with prior testimony, then asks: Isn't it the case the distributors often use outside consultants to conduct investigations? Witness: Yes...

The case is US v. Doud, 19-cr-285 (Daniels) 

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