By Matthew Russell Lee, Patreon EDNY Vlog
Honduras - The Source - The Root - etc
EDNY COURTHOUSE, Feb 19 – In the 1MDB scandal Inner City Press live tweeted a proceeding in August 2020, here and below.
On January 28, 2021 Ng Chong Hwa, a.k.a. “Roger Ng" was applying to be released on a curfew. Inner City Press live tweeted it here.
On January 26, 2021 U.S. District Court for the Eastern District of New York Chief Judge Margo K. Brodie held another proceeding. Inner City Press covered it, and now begins to cover the trial.
On February 15 Inner City Press went to EDNY. No electronics, not in the overflow courtroom. (So standup VLOG in Cadman Plaza afterward here).
On February 18 the US filed a redacted letter to Judge Brodie, that "The government respectfully submits this letter to notify the Court of the status of the government’s efforts to determine whether the defendant’s wife, is subject to a travel ban and, if so, how this ban may be lifted for purposes of having her testify at this trial. As brief background, on January 26, 2022, the defendant filed a motion in limine requesting that defense witnesses and (the defendant’s brother-in-law) be allowed to testify remotely via CCTV. ECF No. 122 (“Ng Br.”). In support of his argument that was unavailable to testify in person, the defendant argued that Malaysia had prohibited her from traveling to the United States. Ng Br. at 4-5. The government opposed the defendant’s motion, arguing that any purported unavailability of may be obviated." Full letter on Patreon here.
On February 19, Ng's lawyers replied: "Dear Chief Judge Brodie: We write to correct aspects of the government’s letter filed yesterday concerning the ongoing efforts to secure the live trial testimony of (Dkt. 145.) As an initial matter, the government misunderstands the process of lifting the travel ban. The defense team has been told in the clearest terms that the only way that Malaysia will lift the travel ban is if the United States government makes such a request. Indeed, on February 3, 2022, the United States government represented to the Court and counsel that it was making such a request, a fact that corroborated the information told to counsel. On a phone call on February 18, 2022, the government for the first time said that the onus to lift the travel ban is on the person banned, which is, we believe, incorrect and inconsistent with the information provided to us and to the Court. Nonetheless, we will be making a formal request to the Malaysian Attorney General’s chamber when that office opens on Monday morning (Malaysia time) to lift the travel ban for However, without the meaningful input of the government, we are assured that any request by alone will be unsuccessful. Therefore, we also set forth additional details relevant to the travel ban and related issues that both the government and the Court should know. This will permit the government to be more effective hopefully in prompting the Malaysian government to lift the travel ban and in securing testimony at this trial. In assisting the defense in lifting the travel ban, the government should know that the ban has been put into place by two different law enforcement entities in Malaysia, each of which would have to agree to lift the ban for it to effectively be removed. First, the Commercial Crimes Investigation Department (CCID) must agree to lift the ban. Second, the Malaysian AntiCorruption Commission (MACC) must also agree to lift the ban. Securing the agreement of one agency without the other will cause the ban to remain, we are told. Therefore, any efforts at lifting the ban must be directed at both the CCID and the MACC."
On February 15 on the stand Strategic Marketing Group's Cummings about money paid out to party with Jho Lo and and in at least one case Roger Ng. $150,000 to Leonardo DiCaprio, money to P. Diddy, Kim Kardashian, Jamie Foxx.
Ng's lawyer, on cross, asking about a notation for wrangling models, and "models" in quotes.
On February 16, Tim Leissner testified on direct that "the bribes and kickbacks made the transactions possible" and "instantaneously make us heroes" at Goldman.
Now, delay: the trial is not sitting on February 17 because of a juror’s prior commitment - and will resume on Tuesday morning with Leissner still on direct.
Inner City Press is taking the steps it can to cover this and other EDNY cases more closely. Watch this site.
On January 26 it emerged that if any juror is unvaccinated, no member of the public - or press? - will be allowed in the courtroom. Is this, then, a public trial? There were also arguments about an account run by Ng's wife, and a statement that there are no jury trials in Malaysia. But is the US, or EDNY, moving to trials with no public or press in the courtroom?
It seems so. On February 10 Chief Judge Brodie confirmed no public or press in the courtroom - but did not address why no call-in line, despite saying everything possible is being done to provide access. From the order, quoting what Judge Donnelly did in the R.Kelly case:
"as Judge Ann Donnelly noted in Kelly, “even a seat in the courtroom does not guarantee that there never will be a technical problem, or that observers will have unobstructed views of every participant in the trial.” Memorandum at 2, Kelly, No. 19-CR-286; see also United States v. Barrow, No. 20-CV-127, 2021 WL 3602859, at *11 (D.D.C. Aug. 13, 2021) (rejecting the defendant’s argument that his Sixth Amendment right to a public trial was violated because members of the public viewed the proceedings from an overflow courtroom and stating that, “[a]s a practical matter, a spectator viewing a trial from the courtroom gallery would not have a perfect sight line of each angle of the courtroom — let alone each individual juror”); United States v. Babichenko, 508 F. Supp. 3d 774, 779–80 (D. Idaho 2020) (noting that a “video feed of the proceedings will give the public a much better view of the witness testimony, exhibits, and examination, than they would have at a satellite [in-person] location”). “To the extent that this measure is a partial limit on public access, it is warranted by the [Court’s] ‘overriding interest’ in ensuring public safety during a global health pandemic.” Memorandum at 2, Kelly, No. 19-CR-286 (quoting Press-Enter. Co. v. Superior Ct. of Cal., 464 U.S. 501, 510 (1984)); see also Press-Enter. Co., 464 U.S. at 510 (“The presumption of openness may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest.”); United States v. Bledson, No. 20-CR-99, 2021 WL 1152431, at *3 (M.D. Ala. Mar. 25, 2021) (“In light of the pressing health and safety concerns posed by an open trial [during COVID-19], the [c]ourt finds that it has advanced an overriding interest.”)... There is no reasonable alternative to the protocols adopted by the Court.” Memorandum at 3, Kelly, No. 19-CR-286." We disagree - a call in line is possible, and necessary.
Watch this site - Inner City Press is increasingly covering the EDNY, see here and here and more.
On January 7, Judge Brodie agreed that Ng should get back $750,000 of his $1 million bond, to pay his lawyers. This was over the objection of the prosecutors, who said Malaysia only agreed to release Ng in light of the $1 million bond.
Talk turned to COVID and Omicron. Ng's lawyer acknoweldge that the variants has reached the defense, "maybe even me." Still he agreed to the new delayed trial date of February 7. Watch this site.
AUSA: We are concerned that Mr. Ng would or could flee, if no longer confined to him home.
Judge Margo K. Brodie: Would he flee back to Malaysia from which he consented to extradition?
AUSA: As we approach trial, as he sees the 3500 evidence, it is a concern.... We conferred with our office of International Affairs and this is where we ended up.
Pre-Trial Services Ms. Carter: We don't object to a curfew, but location monitoring should continue.
Ng's defense lawyer: We don't believe your Honor is bound by, or party to, the treaty.
Judge Brodie: I will go with Pre-Trial and allow a curfew. The 2d Circuit's recent decision in Schwartz said the court delegated too much to Probation. So I'll set hours.
Ng's lawyer: Curfew from 8 pm to 8 am?
Judge Brodie: OK. Subject to Pre-Trial. Let's get together in a month, or really, mid-March since the administration order runs through March 1. March 18 at 10 am. Adjourned.
Jump cut to December 21, 2021 - Ng's counsel says he wants the grand jury materials about Malysian money laundering. He is also pushing back against having to preview for the government how he will do cross-examination with materials the government already has.
Inner City Press will stay on this case.
From October 22, "today, in federal court in Brooklyn, Goldman Sachs entered into a deferred prosecution agreement with the United States Attorney’s Office for the Eastern District of New York and the Department of Justice’s Criminal Division, Fraud Section and Money Laundering and Asset Forfeiture Sections (the Department) in connection with a criminal information filed in the Eastern District of New York charging the Company with conspiracy to violate the anti-bribery provisions of the FCPA. GS Malaysia pleaded guilty in the U.S. District Court for the Eastern District of New York to a one-count criminal information charging it with conspiracy to violate the anti-bribery provisions of the FCPA. Previously, Tim Leissner, the former Southeast Asia Chairman and a Participating Managing Director of Goldman Sachs, pleaded guilty to conspiracy to violate the FCPA and conspiracy to commit money laundering. Ng Chong Hwa, also known as “Roger Ng,” former Managing Director of Goldman and Head of Investment Banking for GS Malaysia, has been charged with conspiracy to violate the FCPA and conspiracy to commit money laundering. Ng was extradited from Malaysia to face these charges and is scheduled for trial in March 2021. All four cases are assigned to U.S. District Judge Margo K. Brodie of the Eastern District of New York."
For those counting, HSBC also got a deferred prosecution agreement. And the Federal Reserve, in the shadows, has let Goldman Sachs into bank, and rubber stamps mergers like by Banco Bradesco to this day. From August 2020:
OK - in EDNY, 1MDB / Malaysia defendant EDNY Ng Chong Hwa, a.k.a. “Roger Ng" charged with conspiring to launder billions of dollars embezzled from 1Malaysia Development is before Judge Margo K. Brodie. Inner City Press will live tweet - thread
Judge Brodie says there is a back-up of cases caused by COVID19, no assurance this trial can go forward in January 2021. Says won't have real info in September - even if protocol is in place, it will still be being tested. AUSA points out extradition from Malaysia
AUSA says a status conference in early October would be fine "even if the trial is moved a little bit." Defense lawyer: I understand the difficulties of the court. But I'd like to convince the government or your Honor to loosen Mr Ng's conditions of home detention
Defense lawyer: Malaysia is not allowing Americans into the country at all, at least until September. This is a challenge we face. We'd like Mr. Ng to get out a bit more, and exercise. Judge: I think the parties should work that out.
The case is US v. Jho, et al., 18-cr-538 (Brodie)
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