Saturday, August 24, 2019

As Bronx Deli Is Sued Under FLSA By Madison Ave Firm Judge Caproni Tells Press It Must Be A Slow News Day


By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, August 23 – Two grocery stores on Ogden Avenue in the Bronx are being sued for overtime violations by the law firm of Katz Malinger PLLC on Madison Avenue in Manhattan. On August 23 facing default on the lawsuit a lawyer for one defendant showed up before U.S. District Court for the Southern District Court of New York Judge Valerie Caproni.
  But he was not admitted to the SDNY.
  Judge Caproni advised the attorney, Adeyinka A. Ojo of 87 East 116th Street, to get himself admitted pro hac vice. Then she asked Inner City Press, the only media in her courtroom, What are you covering here?
  Inner City Press replied, I came for the OneCoin, but stayed for the deli. 
  Judge Caproni joked, If you are covering the deli it must be a slow news day. (Inner City Press did cover the Trump subpoena argument, which didn't begin until 11 am, here). But there are no small stories, only small journalists. In this case, Ojo asserts that at least one of the plaintiffs only worked at the deli for one day... 
   With OneCoin the subject of criminal prosecution a civil case against it was ordered stayed on August 23 by U.S. District Court for the Southern District of New York Judge Valerie Caproni. 
  While Konstantin Ignatov's lawyer Jeffrey Einhorn's basis for the stay was "corresponding criminal prosecution," Judge Caproni also chided plaintiffs' lawyers at Levi & Kosinsky for failing to serve or show service on some of the defendants.
  Later in the day the firm wrote that "OneCoin Ltd. and Ruja Ignatova are domiciled in Bulgaria and are believed to be evading service. Sebastian Greenwood, similarly, is domiciled in Sweden, and is believed to be evading service." They are proposing service by Facebook, citing FTC v. Pecon Software Ltd, 2013 WL 4016272, at *5 (SDNY Aug. 7, 2013). Whether Judge Caproni will accept this is not yet clear. Inner City Press will continue to follow these cases.
Back on June 28 detention was continued for OneCoin defendant Konstantin Ignatov, after he offered to pay armed guards to keep him in an apartment he would rent in Manhattan. U.S. District Court for the Southern District of New York Judge Edgardo Ramos questioned the source of the bail money that Ignatov was offering to put up, as well as issued raised about the propriety of "private prisons" of  the type now incarcerated UN briber Ng Lap Seng, whose appeal was just denied, was allowed to live in during the pendency of his case.
  Ignatov's lawyer Jeffrey Lichtman noted that Bernie Madoff got bail, and that the government could not show any contact between Ignavov and his sister Ruja, indisputedly higher up in the OneCoin scheme. But Judge Ramos, after more than an hour of argument, was not convinced. The case is US v. Ignatov, 17-cr-630 (Ramos).
 Now on August 12, this: "ENDORSED LETTER as to (S7-17-Cr-630-03) Konstantin Ignatov addressed to Judge Edgardo Ramos from Attorney Jeffrey Lichtman dated August 9, 2019 re: submitted to respectfully request an adjournment of the August 16, 2019 status conference in this case until September 6, or a date thereafter that is convenient for the Court. ENDORSEMENT: The status conference is adjourned to September 6, 2019 at 10:15 a.m. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/12/2019)." More on Patreon, here.
  In other SDNY corporate crime news, the US  quietly filed a criminal antitrust case against Banca IMI trader Larry D. Meyers - who quietly pled guilty and agreed to cooperate on June 27 before Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York, Inner City Press can report.
  The case involves violations with the Sherman Act with respect to American Depository Receipts. It is a quiet part of a larger case. On June 27 the representative of DOJ's Antitrust Division said Meyers will get a 5K1.1 letter if he fully cooperates. She then said the sentencing could be set for October 7 at 2:30 pm.  So will all of the cooperation be by then?
  Judge Engelmayer asked Meyers to explain what he did. Meyers, going beyond the script prepared for him by his new lawyer Mr. Alvarez, said that only a few had access to the pre-release ADRs and had become a "cozy community." He said, "We became too friendly." Not anymore...
  The plea almost got delayed again because Meyers old lawyer had not yet formally withdrawn; Judge Engelmayer said a Curcio hearing might be needed then decided not. He asked Ms. Brown of DOJ if anything was needed with regard to the transcript, presumably to seal it. 

  We don't think that's necessary, Ms. Brown told Judge Engelmayer. So the cooperation is entirely public now, in this cozy community. Inner City Press will continue to follow these cases and others in the SDNY...