In SDNY Honduras Narco Case 2 Salgueros Now Have Discovery March 24 In Person Next

By Matthew Russell Lee, Patreon, Thread Video
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, Jan 20 – During the trial that convicted Tony Hernandez, the brother of Honduras' president Juan Orlando Hernandez (JOH), on all four counts of guns and narcotics trafficking and false statements, the Honduran National Police came up again and again in the U.S. District Court for the Southern District of New York.

  On June 29 SDNY Judge P. Kevin Castel held a bond hearing on Otto Rene Salguero Morales. Inner City Press live tweeted it, here.

  Now on January 20, that defendant and the "other Salguero" have their discovery and a next date on March 24, Judge Castel ordered in a proceeding that Inner City Press live tweeted here:

Proceeding involves Otto Rene Salguero Morales and Ronald Enrique Salguero Portillo. 

 Judge Castel asks if these two defendants have gotten their Rule 16 discovery information from the US Attorney. Yes, but only on January 14.

Judge Castel suggests meeting again March 26 - in person, he says (or hopes). Or, 2 weeks before that, if MCC prison can

Judge Castel switches it to March 24, calls it the "outside date," plans for it in the courtroom, the same one Tony Hernandez was found guilty in.

Judge Castel: Thank you all very much. We are adjourned.

 On September 10, Judge Castel granted the request for another adjournment of Tony Hernandez' sentencing, this time from Septmeber 16 to November 10 at 11 a.m.. That has been further delayed, most recently for pre-sentencing report not translated (a filing Judge Castel has yet to respond to in the docket), see below.

  Now on January 17 in the case of former police official Mauricio Hernandez-Pineda, a 30 to 45 day delay has been requested as his lawyer cites COVID vaccination and guilty plea negotiations. Letter here. Inner City Press will have more on this.

On October 29-30, Tony Hernandez' taxpayer-funded lawyer asked for yet another postponement. And it was granted on November 2 - all the way to January 27: "as to Juan Antonio Hernandez Alvarado re: [205] LETTER Request to Continue Sentencing ENDORSEMENT: Sentencing is adjourned from November 10, 2020 to January 27, 2021 at 2:00 p.m. in Courtroom 11D. SO ORDERED. (Sentencing set for 1/27/2021 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/2/2020)(jbo)."

  Now on January 8, 2021, more delay, blamed on previous lawyer, full letter on Patreon here: "Re: United States v. Juan Antonio Hernandez Alvarado 15 Cr. 379 Dear Judge Castel: I represent Mr. Hernandez Alvarado. I write to update the Court on the current status of Mr. Hernandez’s matter. Mr. Hernandez Alvarado informed me a few days ago that prior counsel never provided him with a translated copy of the Pre-Sentence Report. The Final Presentence Report was produced in February 2020, at approximately the same time as counsel had submitted a sentencing submission, which was apparently not translated for him either. I was appointed on April 15. As Mr. Hernandez Alvarado appeared fully conversant with all sentencing-related matters, the issue simply never came up in conversation until now, when we were preparing for sentencing at the end of this month. I have secured a translator, am submitting a request for translation through evoucher this evening and will advise the Court as to the anticipated completion date of the two documents. I apologize for any inconvenience and thank the Court for its consideration." Will there be accountability? Watch this site.

On October 6, more delay for a co-defendant, again on the ground of allegedly not able able to afford a lawyer after all the "alleged" drug trafficking: "ORDER as to Ronald Enrique Salguero Portillo. The conference previously scheduled for October 8, 2020 is adjourned to November 4, 2020 at 10:00 a.m. in Courtroom 11D at 500 Pearl Street. Michael Gilbert, a member of the CJA panel, shall appear at the conference. I find that the ends of justice will be served by granting a continuance and that taking such action outweighs the best interest of the public and the defendant in a speedy trial. The reasons for this finding are that the grant of the continuance is needed to facilitate substitution of new counsel for Ronald Salguero Portillo and to accommodate the restricted schedule due to COVID. Accordingly, the time between today and November 4, 2020 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/6/2020)."

  On September 16 at 11 am, then, Judge Castel turned to Tony Hernandez' co-defendant Geovanny Fuentes Ramirez. Inner City Press live tweeted it here:

Assistant US Attorney: We may need a separate trial date for Geovanny Fuentes Ramirez. There may be other defendants who may make sense to include in this trial, others may seek to sever. 

Judge Castel: Is the US seeking a severance?

AUSA: Not at this time.

Fuentes Ramirez' lawyer Moskowitz: This is the first I'm hearing there is another defendant out there. My indictment only names Mr. Fuentes Ramirez. I'm aware there are other out there...

Judge Castel: I too am in the dark. I'm extracting this from the US now

AUSA: There is also Mauricio Hernandez Pineda...

Judge Castel: Alright. OK. What's the status of the case against him? AUSA: He was arraigned. Since then everything has been adjourned.

Judge Castel: If Fuentes Ramirez wants a separate trial, he doesn't have to do anything - his indictment does not name anyone else. AUSA: If we need to make a motion, we will do so. Moscowitz: We are working with the Balde case [about virtual grand juries]

Fuentes Ramirez' lawyer: I have a three month trial in 2021 before Judge Furman, then onc in front of Judge Ramos, then Judge Cote.

Judge Castel: trial dates in 1st quarter of 2021 have not yet been set by the Court. That's the fact.

Judge Castel: Let's meet again in this case in early November - there's a Nov 15 deadline to ask for a jury in the first quarter of 2021.

Fuentes Ramirez' lawyer: We cannot consent to exclude Time under the Speedy Trial Act. AUSA: We ask to exclude time.

Judge Castel: I exclude time until November. There is uncertainty, there may be a motion about the grand jury materials. Two, because of COVID-19 there is a limitation on the number of trials.

 Judge Castel: OK, the next proceeding will be November 13 at 11 a.m. Fuentes Ramirez: May God bless you. Judge Castel: Thank you. We are adjourned

 Inner City Press will stay on the case. Justice delayed can be justice denied.

At 9 am on October 28 Geneva time Inner City Press in writing asked UN "High Commissioner for Human Rights" Michelle Bachelet and her spokesman Rupert Colville this: "Hello, this is a Press request for OHCHR / Bachelet comment on the murder, on video, in Honduras of 'Magdeleno' whose drug trafficking notebook were used in recent SDNY conviction of Presidential brother Tony Hernandez, a trial Inner City Press covered every day. See video of killing here.

   More on Patreon here.

 On October 26 after the murder and release of the video, Inner City Press went to (try to) pose the question to Guterres. The response? Video here. Three UN security vehicles, and even a publicly funded NYPD detective, "protecting" Guterres who already wastes untold public funds on security. Disgusting. A protest has been called for, and is needed - @InnerCityPress response here.  More on Patreon here.

Inner City Press on October 18 asked the defendant's lawyer Omar Malone about this client's post arrest statement, the admitted murders by the cooperating witnesses, and upcoming sentencing submission. Video and answers here.

    Here was the post arrest statement as initially put in to the jury, as uploaded to YouTube by Inner City Press, here. The case is US v. Diaz Morales, 15-cr-00379 (Castel).

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On If CFPB Whitewash of Home Mortgage Data End Under Chopra FOIA By Inner City Press

 

By Matthew R. Lee, Video, FOIA fee denial

SOUTH BRONX, SDNY, Jan 20 – The US Consumer Financial Protection Bureau under Kathy Kraninger issued Home Mortgage Disclosure Act data in a way that excluded more of the public and community groups more than in any recent year, undermining the entire purpose of the HMDA law. See this page.

 Now, what will Rohit Chopra do? The access to data for grassroots groups no using Excel should be restored - and FOIA requests, by Inner City Press and others, must now be answered, see below.

  Inner City Press on submitted this FOIA request: "Dear CFPB Chief FOIA Officer:  Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request from the CFPB any and all records as that term is defined in FOIA regarding the CFPB's decision / action to make the 2018 Home Mortgage Disclosure Act data only available for download (the so-called data filter) rather then searchable and viewable in reports on the CFPB website as was the case for the 2017 data.

     To assist you in rapidly providing the requested information - this is a request for expedited treatment given that the withholding in accessible format of the 2018 data each day hinders low income community groups from commenting on bank mergers, the only enforcement mechanism of the Community Reinvestment Act to prevent bank redlining - be aware that the issue has been raised to CFPB staff in a number of conference calls including most recently to, inter alia  Brenda Muniz, Tim Lambert [some names redacted in this format.]

  These CFPB staffers were directly asked by the undersigned who at CFPB made the decision to curtail availability of HMDA data in simple format on the website. Knowing which government agency official made such a decision is a sine qua non of FOIA: the information should be provided an expedite basis, as well as all related documents." Watch this site.

On October 12 Inner City Press reported a flood of identical comments *supporting* Kraninger and the CFPB like this one on HMDA: "Comment Submitted by Anonymous Sonnenburg, I appreciate the CFPB's recent willingness to reconsider and revise its prior rulemakings." This while CFPB is still withhold the basis race and ethic information from display on its website, raw data download only unlike previous years. This is an outrage - and its having impacts. The Federal Reserve, citing the CFPB, rubber stamped Hancock Whitney - MidSouth Bank, and is prepared to close its comment periods on Simmons - Landrum and other proposed mergers while the CFPB on September 7 is still saying this: "We will retire HMDA Explorer and its API Our tool for exploring HMDA data—and the Public Data Platform API that powers it—will be shut down in the coming months. We will post additional details as they become available.  The 2018 HMDA data include a number of new data points and, as a result, are not compatible with the multi-year functionality provided by the Public Data Platform.    The Federal Financial Institutions Examination Council (FFIEC) will publish a query tool for the 2018 data in the coming months, which will be available at ffiec.cfpb.gov.  After the new query tool becomes available, the Bureau will retire the current HMDA Explorer tool and the Public Data Platform API  that powers it."  In the coming months? The CFPB has months to do this. They are intentionally making it more difficult for the public to access basic fair lending information.

 This is confirmed in a blithe "request for comments" that includes "the HMDA Platform allows users to produce and export custom data sets rather than relying on numerous static reports that few previously accessed. To enable external software developers to access some of the key services offered by the HMDA Platform, the Bureau publishes Application Programming Interfaces (APIs) that can be integrated into external websites, analytical tools, and industry software. The Bureau has innovated in other areas as well."

 Inner City Press has commented:   Dear Director Kraninger and others at CFPB:     On behalf of Inner City Press / Fair Finance Watch, which has reviewed and publicized HMDA data for years, this is a comment both on Docket No. CFPB–2019– 0048 and specifically demanding that CFPB's troubling whitewash of the 2018 HMDA data, refusing to make it simply available with race and ethnicity information, be reversed and the data made available as below.    Your proposal (mis) states that "tthe HMDA Platform allows users to produce and export custom data sets rather than relying on numerous static reports that few previously accessed.      That is false, and is also an unacceptable pretext to make race and ethnicity HMDA data less available.  As Inner City Press has previously written to CFPB staff, so far without action: Go to  https://ffiec.cfpb.gov/data-publication/disclosure-reports   Compare disclosure for 2017 (with race and ethnicity)  https://ffiec.cfpb.gov/data-publication/disclosure-reports/2017      to 2018 - no race or ethnicity.     CFPB must make this basic information available, in simple format that can be used by grassroots groups. Already time is going by in which the 2018 data is ostensibly available but grassroots groups cannot access race and ethnicity information as they did before, which is among the goals of HMDA data.     Please explain when and where this information will be made available again.   Matthew Lee, Esq., Executive Director Inner City Press / Fair Finance Watch." Watch this site.

 Previously CFPB issued a rule relieving payday lenders of the duty to comply with the ability-to-repay standard for the CFPB’s short term lending rule of November 2017.

  Here's how the CFPB breezily put it: "The Bureau of Consumer Financial Protection is issuing this final rule to delay the August 19, 2019 compliance date for the mandatory underwriting provisions of the regulation promulgated by the Bureau in November 2017 governing Payday, Vehicle Title, and Certain High-Cost Installment Loans (2017 Final Rule or Rule). Compliance with these provisions of the Rule is delayed by 15 months, to November 19, 2020." Whats 15 months among friends?

The CFPB is also thumbing its nose at the US Administrative Procedures Act and proposing to undermine the Home Mortgage Disclosure Act.

CFPB is trying three separate but inter-related attacks. The first is to raise the threshold for reporting HMDA data, to exempt wither 36% or 53% of banks and credit unions, a proposal on which the comment period runs only to June 12, here. (Comments are going in from such banks as Village Bank and Hamilton Bank and even, incongruously, Brenda Muniz of the CFPB, see above.)

  Second is to weaken the "data points" which will be reported by those still required to under HMDA. The CFPB wants to drop such information as "reason for denial" and "debt to income ratio" - the very information that banks so often cite in response to CRA challenged by Fair Finance Watch and others, as justifying their disparities. Now the CFPB wants to not collect this supposed justification of disparities. Just trust us, is the message. Well, no. This comment period runs to July 8, here.

  Finally, without any comment period at all, the CFPB is eliminating the public's front door to the HMDA data, the HMDA Explorer web site that many community groups such as the hundreds that are members of NCRC use to assess banks in their communities. The CFPB wants to take even this away. They should be sued.  We'll have more on this. And see @SDNYLIVE.

   There will be fight-back, under NCRC's TreasureCRA campaign. Watch this site - including on actual enforcement of CRA.

Sheldon Silver Had Sentence Cut to 78 Months From 7 Years Now Off Cusp No Trump Pardon

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Jan 20 –  New York State political boss Sheldon Silver was re-sentenced on July 20 to 78 months in prison, to begin on August 26, and to a $1 million fine. Both represent reductions after Silver's appeal to the Second Circuit.

Inner City Press live tweeted the re-sentencing, below.

  On January 18, Silver was on the cusp of a pardon from Donald Trump, along with Lil' Wayne.

 But when the list came out early on January 20, Silver was not on it (though Steve Bannon, Kwame Kilpatrick and a man with UNICEF links were). We'll have more on this.

From Silver's re-sentencing: Judge Caproni starts up, rules that a purported victim who has asked to speak is not, as a matter of law (as AUSA Richenthal puts it) a victim, will not hear from him. 

Judge Caproni: Guideline sentence would be 17 to 22 years; she repeats that would be draconian. Asks for input, "please take your mask off when you are speaking."  [Not what SDNY Judge Rakoff said earlier today, here.]

AUSA Richenthal: The 2d Circuit's vacatur means little. He lied about it... He hurts, sure. The people of the State of NY were hurt, though. He was so good at hiding what he did. Impose the same or similar sentence.  Silver's lawyer: He looks old. His legs fill with water. Walking here, took a long time. As his wife Rosa, who is here, can attest, this case has worn on him. 

Silver's lawyer: The man is soft spoken and caring.  He has repeatedly told me to spend time with my family. The letters are just a sample of the people Mr Silver has helped. The take away is, overall Mr. Silver was a kind and caring person.

 Silver's lawyer: Last time, the court imposed seven years. Now two years later, things have changed. His health. He's two years older. The 2d Circuit vacated three counts. Judge Caproni: The 2d Circuit confirmed he engaged in the meso scheme, right? Yes. 

Silver's lawyer: The found that the post 2008 referral were not criminal. Judge Caproni: That's not what they found. Silver's lawyer: There's #COVID19. How about home confinement? Silver's lawyer: 97 Federal inmates have died of COVID.

Look at the Paul Manafort case - he was released. Judge Caproni: By the Executive Branch. Just to be clear. Silver's lawyer: What about Skelos? More egregious conduct Silver's lawyer: Judge Pauley sentenced a 34 year old Goldman Sachs-er to home confinement. [Inner City Press covered that too, here.]

 Silver's lawyer: He think about it every day - morning prayers, evening prayers. He describes losing his way during his time in public office. For all these reasons, we ask for home confinement and rigorous community service. 

Silver himself: I know a lot of people have lost faith in their government. There are a lot of reasons, but my actions contributed or certainly did not help the situation. It's very painful for me. I know how elected officials can help people in meaningful ways.  Silver: I'm sad. This is my 3rd time before you. My actions were ethically indefensible. I had a misplaced sense of entitlement.  Judge Caproni: This has been a long time coming. First he said, No discernible harm. Second time, he bemoaning becoming a joke 

Judge Caproni: If you thought you were doing good for New York, why did you hide it? This was corruption pure and simple. The 2d Circuit decision impacts only how much money you should pay.

 Judge Caproni: Still, I think a double digit sentence would be too much. Probation wants 10 years; the government wants more. You sought bail on appeal, got two years to live off your pension, unlike Mr. Skelos. The time has come to pay the piper.

 Judge Caproni: A non jail sentence is simply not appropriate. It is true prison at the start of the pandemic had problems dealing with the virus. The US as a whole is not doing well. I count 95 dead Federal inmates, not 97. It's mostly the same rate as nationwide 

Judge Caproni: I expect Mr. Silver will go to a prison camp, that he will be tested on arrival and before release. I couldn't guarantee he wouldn't contract COVID if not in jail. I previously sentenced Mr Silver to seven years.  "This time: 78 months."  Judge Caproni also imposed $1 million fine. Silver asks for Otisville.

Judge Caproni will recommend that; orders Silver to surrender by noon on August 26. If not yet designated, then to Marshals here at 500 Pearl Street. 

Judge Caproni: I'm not going to delay surrender. Mr Silver, his time has come. He has to start it. Let's see what happens. BOP has been doing a pretty good job, while much of the country has not been. Thank you all.

The case is US v. Silver, 15-cr-93 (Caproni)

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By Matthew Russell Lee, Patreon

BBC - Guardian UK - Honduras - ESPN

SOUTH BRONX, NY, Jan 19 – Even amid the Coronavirus pandemic, U.S. banks keeps seeking to merge and expand, with less and less oversight.   Fair Finance Watch, with Inner City Press on the FOIA, on January 19, 2021 has filed a Community Reinvestment Act protest:

 "Federal Deposit Insurance Corporation Attn: Frank Hughes, Regional Director and Robert P. Cordeiro, Scott D. Strockoz 350 Fifth Avenue, Suite 1200 New York, NY 10118-0110

Re: Timely First Comment on Application by Investors bank to Buy Branches from Berkshire Bank Dear Regional Director Hughes and others at the FDIC: 

 This is a timely first comment opposing and requesting an extension of the FDIC's public comment period on the Applications by Investors Bank to acquire branches from Berkshire Bank - and close some. 

    The applicant Investors Bank in the New York in 2019 made 272 home loans to whites and only 11 to African Americans. Its denial rate for African Americans was more than double than for whites.    

   In Pennsylvania in 2019, Investors Bank made 61 home loans to whites and NONE to African Americans, and only ONE to Latinos. This is unacceptable.   There is a history. For the record, here.

    Hearings are requested on that; they may also touch on which branches Investors would close. The comment period should be extended; evidentiary hearings should be held; and on the current record, the application should not be approved."

  In this new era, we will report on this in detail. Watch this site.

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Cooperator Rubeo Gets 6 Months In His Home For Implying Railroading on Podcast

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Jan 19 – John Rubeo plead guilty in 2012 to racketeering, gambling, drug trafficking and robbery.

 He was a cooperator and has been out on supervised release - until without permission he went on a podcast, resulting in an article implying another defendant had been railroaded. 

   On January 19 in the U.S. District Court for the Southern District of New York, Second Circuit Judge Richard J. Sullivan held a sentencing proceeding. Inner City Press covered it.  

 Judge Sullivan told Rubeo that his unauthorized podcast had cast the court and even the law in a bad light. 

 Rubeo blamed the tabloid reporter for characterizing it that way. He emphasized he has mostly complied for 29 and a half months.

 Judge Sullivan said but for COVID, he would remand him. As it was, he assigned two more yesterday of supervised release, the first six months in home confinement.

The case is US v. Rubeo, 12-cr-260 (Sullivan) 

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Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.