SDNY COURTHOUSE, July 27 – Bryan Duncan was convicted in a slip and fall insurance fraud conspiracy and has been awaiting sentencing, with restitution to be determined.
On May 29 he called the Chambers voicemail of U.S. District Court for the Southern District of New York Judge Sidney H. Stein. Judge Stein ordered Duncan "to have no further direct contact with chambers," and scheduled a July 10 proceeding. Inner City Press, which covered the trial, covered this as well.
Duncan's new lawyer Patrick Megaro, based in Florida and having now having tested positive for Coronavirus, on July 17 continued to argue for a reduction in restitution and to file exhibits under seal, which he has.
He said he would appear by phone at Duncan's sentencing on July 27.
But on July 26, the day before already delayed sentencing, the US Attorney's Office asked for another month: "Re: United States v. Bryan Duncan, S2 18 Cr. 289 (SHS) Dear Judge Stein: With the consent of counsel for the above-referenced defendant, the Government respectfully requests a one-month adjournment of the sentencing proceeding scheduled for tomorrow, July 27, 2020, at 11:00 am... Since July 17, the Government has been investigating the defendant’s arguments and, earlier this afternoon, learned information from a cooperating witness that may alter the Government’s position on forfeiture. Accordingly, and regrettably at this late hour, the Government respectfully requests a one-month adjournment of tomorrow morning’s sentencing proceeding. The adjournment will allow the Government to further investigate newly-obtained information about the percentage of fraudulent proceeds that are attributable to trip-and-fall cases verses non-trip-and-fall cases. Based on the defendant’s July 17 submission, the Government also intends to revise its request for restitution, but no further investigation is required on that score. The proposed adjournment will also allow defense counsel, who recently tested positive for COVID-19, to appear at the sentencing proceeding in person."
Inner City Press asked, Will Judge Stein grant this? The answer was, No.
Judge Stein went forward, imposing the 72 months he had previewed, and adopting the dubious $644,056 figure. Is it supported by the trial record? Inner City Press will continue to report on this case.
The case is US v. Duncan, 18-cr-289 (Stein)
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