By Matthew Russell Lee, Patreon, Thread
SDNY COURTHOUSE, Jan 11 -- Lorraine Shanley stole $400,000 from a foundation for the families of New York City Police Department officers killed in the line of duty. Then she got a plea deal for 27 to 33 months, said in court in September that she had gotten permission to take the money and refused to answer the Press on her way out as to where she claimed to have gotten approval. Periscope video here.
On January 14 Shanley was sentenced to two years in prison by U.S. District Court for the Southern District of New York Judge Sidney H. Stein for bank fraud and subscribing to false and fraudulent individual income tax returns. She began serving her sentence in Danbury FCI on March 10.
On January 7, from the US Attorney's Office, this: "Shanley has paid $290,700 and owes the remaining balance of $$224,392.29.2 More than 30 days has elapsed since demand for payment of the debt was made, yet the balance has not been paid."
On January 11, an order signed by Judge Stein on January 8 was docketed, granting the garnishment order: "You are required by law to withhold and retain any property in which Shanley has a substantial nonexempt interest."
Less than a month into her sentence, Shanley asked Judge Stein to release her "to home detention until this [COVID-19] pandemic is over."
A hearing was held on April 10 at 4 pm. Inner City Press live tweeted it, here, and see below.
Now on May 12, this: "ORDER dismissing without prejudice [38] Motion as to Lorraine Shanley (1). The Court has received defendant's pro se "Motion for Release to Home Confinement" dated April 30, 2020 [Doc. No. 38]. Accordingly, IT IS HEREBY ORDERED that: 1. Defendant's pro se "Motion for Release to Home Confinement" [Doc. No. 38] is dismissed, without prejudice, and 2. Christopher P. Nalley, Esq. is directed to notify defendant that any motions by defendant shall be made by her attorney, not pro se. SO ORDERED: (Signed by Judge Sidney H. Stein on 5/12/2020)."
On April 10, as Shanley's lawyer Nalley told SDNY Judge Stein Danbury FCI was running out of her medication. Now it seems that's not the case.
Judge Stein: "That makes the analysis a little more straight forward. Is she on the BOP's high risk list?" AUSA Kalikow: I do not know.
Judge Stein: I believe AG Barr's memo mentioned three facilities has having substantial issues. What can you tell me, Mr. Kalikow? AUSA Kalikow: We are not in as much contact with Danbury as we'd like. As of yesterday, 34 inmates and 12 staff have tested positive
AUSA Kalikow: The portions of the prison for female inmates are different than those for males. Judge Stein: I had not thought of the distinction between the two. Please get me the info. Mr. Nalley, you are asking for temporary release - under what authority?
Shanley's lawyer Nalley: I could not find any legal authority. Judge Stein: What about exhaustion of remedies? Nalley: I'm looking for temporary release. Judge Stein: But you have no legal basis? Nalley: No.
AUSA Kalikow: There are only limited ways to modify a sentence - like, a technical error, or compassion release under the rules, including the 3d Circuit case, or substantial assistance. So it is our position the Court cannot amend the sentence.
Judge Stein: Mr. Nalley, you are not providing me with authority to release her temporarily. I am going to rule that the application for temporary release is denied. I'll get an order out to that effect.... You could apply to BOP for compassionate release. But on the record as it exists now, I would not be inclined to grant compassionate release. If the COVID situation changes radically, that could change. Anything else? Stay safe. Bye now
Earlier on April 10 SDNY Judge John G. Koetlt declined to release pre-trial detainee
Marvin Gamoneda from the MCC, story here. SDNY Judge Ronnie Abrams declined to release pre-trial detainee Lequan Eley, thread here, story to come. And watch Twitter and this site about the Shanley hearing.
Back on September 20 it was a routine change of plea agreement until Shanley began to justify her actions, usually a no-no when pleading guilty. She said it had been approved, and that the money was for her own kids including a grandson with problems.
But on the way out her lawyer said "no comment." Inner City Press asked Shanley directly, Who gave you approval, according to you?
"I said we have no comment," the lawyer said, remaining silent on the elevator down to the lobby. Inner City Press asked again on the way to Foley Square, as Shanley walked away in the sunlight next to the Climate Strike protest. And now, two years. And, from Elizabeth Williams, to Inner City Press with permission:
Previously before Judge Stein: a man convicted of seeking sex with what he was told was a 12 year old girl, and who repeatedly turned down a five year minimum plea deal offered by the U.S. Attorney for the Southern District of New York, was convicted by the jury on September 11 of attempted enticement of a child.
It would appear he should have taken the deal.
The defendant Muhammed Waqar will be sentenced on October 23 with a 10 year mandatory minimum. But on September 11 the government argued for immediate remand to detention, even pending sentencing.
A senior Assistant US Attorney showed up in the back of the courtroom on the bench next to Inner City Press; he send something by phone to the AUSA at the front table. They argued that remand was mandatory under 18 USC 3143(2).
That tracks to another section, 3142(f)(1)(B) which does seem to make remand required for cases involving possible life sentences. But SDNY Judge Sidney H. Stein, helping Waqar's lawyer, pointed to Section 3145, allowing for release in exceptional circumstances. And what might those be?
Waqar has been working in a Dunkin Donuts. He has a wife and a young child. The government said these are not exceptional circumstances. Judge Stein, showing mercy, said that and Waqar's heretofore justice system-less life made the case. He expedited sentencing, and surrender, to October 23. He emphasized to Waqar if he tries to flee it will be catestrophic. He left the courtroom. More on Patreon here.
Out on the 23rd floor hallway, the San Genaro festival on Mulberry Street could be seen. Waqar smiled; her relatives still looked stern. The senior AUSA was down on the 8th floor using his cell phone to make more plans. Inner City Press returned to the SDNY Press Room to write this story.
Inner City Press will have more on this - see also @InnerCityPress and the new @SDNYLIVE.
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