By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, March 9 – Stefan Gillier, a Belgian citizen, was charged with defrauding airplane parts manufacturers out of millions of dollars. He had health problems in detention.
U.S. District Court for the Southern District of New York Judge Richard M. Berman held an initial proceeding. Inner City Press covered it.
Gillier's lawyer said his client was recently moved from the MCC to the MDC in Brooklyn (unlike, say, accusing CIA leaker Joshua Schulte, as Inner City Press first reported).
In the MDC, his lawyer said, Gillier cannot be a salt free diet. He washed the salt off food when he can, and foregoes some meat that is too salty.
Judge Berman said defense motions were due by November 10.
On October 6, 2021, the case was reassigned to Judge Paul A. Engelmayer. He scheduled trial for July 5, 2022 - then, September 2022.
Inner City Press covered it, see below. And on September 28, "STEFAN GILLIER, a/k/a “Stephan Gillier,” a/k/a “Stefan R.R. Gillier,” a/k/a “Roland Gillier,” a/k/a “Roland Van Gorp,” a Belgian citizen, for engaging in a conspiracy to fraudulently obtain over $6 million dollars’ worth of aircraft parts through the use of stopped check payments. The jury convicted GILLIER today following a one-week trial before U.S. District Judge Paul A. Engelmayer. GILLIER, 49, a citizen of Belgium, was convicted of eight counts: (1) one count of conspiracy to commit mail fraud, wire fraud, interstate transportation of stolen property, and money laundering, which carries a maximum potential penalty of five years in prison; (2) one count of mail fraud, which carries a maximum potential penalty of 20 years in prison; (3) one count of wire fraud, which carries a maximum potential penalty of 20 years in prison; (4) one count of interstate transportation of stolen property, which carries a maximum potential penalty of 10 years in prison; and (5) four counts of money laundering, each of which carries a maximum potential penalty of 10 years in prison."
On February 23, 2023, Gilliers through counsel asked for 60 months.
On March 3, 2023, the US Attorney's Office asked for "no less than 120 months."
On March 9, 2023, Gillier was sentenced to seven years: "STEFAN GILLIER, a/k/a “Stephan Gillier,” a/k/a “Stefan R.R. Gillier,” a/k/a “Roland Gillier,” a/k/a “Roland Van Gorp,” was sentenced today in Manhattan federal court by United States District Judge Paul A. Engelmayer to 84 months in prison for engaging in a conspiracy to fraudulently obtain over six million dollars’ worth of aircraft parts."
Back on September 6, Gilliers lawyer wrote to Judge Engelmayer that "this morning, I received a CORRLINKS message from Mr. Gillier relaying that he had been tested on Friday and was moved to the 'Maras Unit (83), highest security unit here'" - with no laptop. A delay was requested.
On September 7, after a telephone conference that Inner City Press covered, counsel wrote in again, that they scheduled a legal call through "the Skedda online booking system." But it hasn't been working and Judge Engelmayer's intervention with the Legal Department of MDC Brooklyn was sought.
The intervention will be coming: "Updates regarding setting up a legal call with Stefan Gillier. ENDORSEMENT: The Court will contact the MDC directly to underscore its order that a substantially longer call with Mr. Gillier and his counsel be arranged for Friday. The Court directs the government to convey this message to the MDC in no uncertain terms. SO ORDERED."
On September 15, with Gillier on trial wearing headphones for interpretation and two US Marshals guarding him, Inner City Press was in the courtroom when his payment through Bank of Montreal for a virtual office in Manhattan was detailed, apparently for venue. His counsel did not cross examine, then with the jury out on break asked to speak with the judge on a point of personal privilege. After the discussion, it turned out no more public read-out was required. The trial continues.
On September 17, the prosecutors asked Judge Engelmayer to allow them to present "Evidence of Flight and Continued Absence." This include an order of attachment executed at Gillier's warehouse in Kansas, and a flight on Air Canada on June 15, 2006.
Gillier was arrested in Italy on May 26, 2019, and he was extradited to the US on June 26, 2022. The defense says he had no reason to return to the US, so it does not reflect consciousness of guilt.
On September 23, the the trial adjourned until September 27, the defense asked Judge Engelmayer to preclude the US from using "the numerous mailings in GX106 in its summation" - included on the list are wires to HCBC, and mailing of air turbine starter from NY to Iowa.
Docketed on September 26, when the trial didn't meet in deference to the Jewish holiday, Judge Engelmayer ruled: "OPINION & ORDER as to Stefan Gillier. The Court has received the defense's letter of September 23, 2022, Dkt. 130, which argued that the Government had not satisfactorily isolated the mailings on which it proposed to rely in closing argument with respect to Count Two, which charges the offense of mail fraud. The Governments email identifying mailings it contended were in furtherance of the alleged mail fraud scheme had specified one mailing of documentation (on April 4, 2006), two mailings of air turbine starters (on April 12 and May 17, 2006), and mailings of the invoices listed within GX 106. Because GX 106 contained, by the defense's count, 828 such invoices, the defense contended that the Government had not meaningfully narrowed the universe of mailings-in-furtherance on which it might rely. The Government's letter of September 24, 2022, Dkt. 131, clarifies that, it will argue with specificity as to seven mailings within GX 106 (those on pages 934, 953, 954, 957, 959, 961, and 962), while reserving the right to make the broader factual point that, per the testimony of Paul Hadzell is, all such invoices were mailed. The Court's assessment is that the Governments proposed approach provides satisfactory notice to the defense as to the mailings on which it will rely in arguing that the fraud scheme in which the defendant allegedly participated was furthered by mailing(s). See United States v. Dupre, 462 F.3d 131, 144 n.14 (2d Cir. 2006). The Court thus regards the defenses motion claiming a violation of due process and seeking a preclusionary remedy as moot. The Court strongly encourages the Government, however, to assure that its jury arguments do not invite the jury to find the element of a mailing-in-furtherance to have been met by mailings, including of invoices, that the Government has not specified. An argument that did so would inject a needless issue, whose resolution could delay the forward progress of this trial. It could, in particular, require the Court and counsel to discuss before the Court charged the jury whether a modification of the currently drafted charge was necessary to assure that the jury's deliberations as to the mailing-in-furtherance element of Count Two were limited to the mailings of which the defense had been given pre-argument notice (Signed by Judge Paul A. Engelmayer on 9/25/22)." Watch this site.
The case is US v. Gillier, 11-cr-409 (Engelmayer)
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