Saturday, July 1, 2023

In 1MDB Trial Roger Ng Sentenced to 10 Years Now 3d Party Claims Against Leissner Pushed to Aug 14


By Matthew Russell Lee, Patreon EDNY Vlog
Honduras - The Source - The Root - etc WeaselText

EDNY COURTHOUSE, June 28 – In the 1MDB scandal Inner City Press live tweeted a proceeding in August 2020, here and below. On April 8, 2022 the jury found Roger Ng guilty of all charges, after three days of deliberation. Book here, The Weasels of Wall Street: Jho Low, Ukraine and the UN as Larry Ray: On the Eastern Front a War Against Impunity, of Goldman Sachs and UN Keeping Money, Larry Ray #JohnListGone?

On April 28, Ng's sentencing was set "for 9/13/2022 at 10:00 AM in Courtroom 6F North before Chief Judge Margo K. Brodie..Ordered by Chief Judge Margo K. Brodie on 4/28/2022."

On July 1, it was pushed back to November 9, and then again to March 9, 2023. At that time, Ng "was sentenced by United States District Judge Margo K. Brodie to 10 years’ imprisonment for conspiring to launder billions of dollars embezzled from 1Malaysia Development Berhad (1MDB), conspiring to violate the Foreign Corrupt Practices Act (FCPA) by paying more than $1.6 billion in bribes to a dozen government officials in Malaysia and Abu Dhabi, and conspiring to violate the FCPA by circumventing the internal accounting controls of Goldman Sachs. The forfeiture amount will be determined at a later date."

On March 15, Judge Brodie docketed: "ORDER re [228] Motion for Forfeiture, [234] Memorandum in Support of Motion, and [235] Response in Opposition to Motion. Having reviewed the parties submissions, and reviewed additional law, the Court concludes that it is statutorily required to impose forfeiture. However, the Court directs defendant to file a letter on or before March 18, 2023, addressing the 8th Amendment argument fleetingly mentioned in footnote 2 of his letter, and directs the government to respond on or before March 21, 2023. See United States v. Bajakajian, 524 U.S. 321, 334 (1998) ("[A] punitive forfeiture violates the Excessive Fines Clause [of the Eighth Amendment] if it is grossly disproportional to the gravity of a defendants offense."); United States v. Castello, 611 F.3d 116, 120 (2d Cir. 2010) ("The proper amount of forfeiture... is the total forfeitable amount required by the statute, discounted by whatever amount is necessary to render the total amount not grossly disproportional to the offense of conviction."). Signed by Chief Judge Margo K. Brodie on 3/15/2023."

On June 28, there was a proceeding about and with the third party claimants against Leissner: Russell Simmons, Kimora Lee Simmons-Leissner and Ken Siazon. At issue, at least for the first two, are shares in Celsius Holdings. The US Attorney's Office for EDNY asked for an adjournment to August 14 to submit a status report (and to continue "good faith negotiations"). Inner City Press will stay on the case.

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 itand now begins to  cover the trial.

On February 15 Inner City Press went to EDNYNo electronics, not in the overflow courtroom. (So standup VLOG in Cadman Plaza afterward here).

On February 22, Inner City Press again went to EDNY, for testimony by cooperator Tim Leissner. While no electronics in the overflow courtroom, it was able to quickly tweet a thread when the trial day ended, here.

On February 23, Inner City Press yet again went to EDNY, for more direct testimony by cooperator Tim Leissner. It was able to quickly tweet a thread when the trial day ended, here.

On February 24, Leissner described his yacht and deal(s) with Russell Simmons. At the end, a discussion of marital privilege and travel ban. Inner City Press ran down, before vlog from outside, to tweet from the Media Room, here and below.

On February 25 there was a short conference which Inner City Press live tweeted here

On February 28 Judge Brodie held a proceeding with a slew of white collar crime lawyers, and decided the trial will continue on March 1. Inner City Press live tweeted here.

And on March 1, the cross examination of Leissner by Ng's lawyer began. Inner City Press live tweeted, here
(and March 1 vlog oustide EDNY courthousehere)

On March 2, Leissner admitted to lying about meeting UAE Prince Mansour (and citing the Crown Prince); Goldman Sachs gave a job to the daughter of Malaysia's then Ambassador to the US. Inner City Press, after reporting on UAE's absentions and opacity in the UN, went to EDNY then tweeted a thread from the media room, here (then vlog, here)

On March 3, Leissner spoke more about UAE Sheikh Mansour's letter and GCC royals bidding on an expensive underwear firm. Inner City Press went into EDNY then tweeted a thread from the Media Room, here  (then vlog, here)

Note: At end of day and week, Judge Brodie said that a juror overheard journalists talking about the Jho Low / Ng trial in the EDNY lobby, told them to stop.

And at the end of another week, former Goldman Sachs compliance man Patrick Kidney laid blame on Ng for after expressing suspicion still doing business with Low. But what about the UAE royals, and the UN which kept Malaysians' money?

Another week, and the end is nearing, the glitz running thiamid non-answers by the UAE Mission to the UN on its role, and from the UN on where the money to its affiliates went, and why none had been returned to Malaysians. On March 17 Kirk Godby, a marketing executive at the Las Vegas VenetianKirk Godby, a marketing executive at the Las Vegas VenetianKirk Godby of the Las Vegas Venetian testified that Roger Ng was with Jho Low at a baccarat table at 5am on November 29, 2010 when Low burned through $1.75 million. Ng, the defendant, lost $22,500. The US Attorneys say they aim to rest their case on March 23. Judge Brodie told jurors they could begin deliberating around March 29.

 Early on March 22 Ng's lawyers put in a letter opposing the US introduction of a Goldman Sachs exhibit, even in redacted form: "Dear Chief Judge Brodie:  We write to address the concerns that counsel raised earlier today regarding the Goldman Sachs trainings materials and policies that the government seeks to introduce through Caroline Fraser.  One exhibit (GX-551 at 54) even has a picture of a Chance Card from the game Monopoly that states: “Go directly to jail.”  Full letter on Patreon here.

 On March 23, FBI agent Sean Fern testified that some $24.4 million was switched from an account controlled by Leissner’s ex-wife, Judy Chan Leissner, to another  held by Ng’s mother-in-law Tan Kim Chin, just after Goldman Sachs colluded in a bond deal involving the 1MDB fund. $10.7 million arrived in Tan’s offshore account.

  But where is the stolen money Jho Low gave to United Nations affiliates? How can they get away with keeping it, and the UN of Antontio Guterres and his spokespeople Stephane Dujarric and Melissa Fleming be allowed to refuse all questions about it, daily written questions from Inner City Press which they still ban?

On March 28 in a cross-river echo of the Gislaine Maxwell / Scotty David juror non-disclosure broohaha in the SDNY, an alternate juror in the Roger Ng trial wrote to Judge Brodie about a $1000 role in the Wolf of Wall Street, funded by money stolen from Malaysian through 1MDB. Now what?

There's also this: MOTION for Acquittal on Count Two pursuant to Rule 29 by Ng Chong Hwa. (Agnifilo, Marc)

On March 29,  Roger Ng’s wife, Hwee Bin Lim, explained no longer having the letter she got from Chan Leissner acknowledging an investement. “When you invest in China, there’s no point for documents,” Lim said. “Even if I have a document, where do I go to enforce it?” Where indeed.

In a parallel universe in Malaysia, the High Court  granted an ad interim injunction against Jho Low, to prevent him from transferring or dissipating his $1 billion in Malaysia1MDB lawyer Siva Kumar Kanagasabai told the Press that the ad interim injunction is effective until an "inter-parteapplication is disposed of.

But the UN affiliates have not returned one penny of the money stolen from Malaysian that was funneled to them by Jho Low.

On April 3, just before closing arguments, Judge Brody kept out some of Roger Ng's wife's records: "ORDER as to Ng Chong Hwa. During trial on March 30, 2022, as part of its rebuttal case, the Government sought to admit into evidence reports and financial statements showing the income of defense witness Hwee Bin Lim's family business across several years beginning in 2016, arguing that these documents are relevant to whether the $35 million traceable from the 1MDB bond deals to Defendant were kickbacks from the alleged bribery scheme, or, as Defendant argues, the return on an investment made by Lim between 1996 and 1999 with funds from her family's business and investments, as well to whether Lim made false representations on bank account opening documents. Defendant objected to the admission of these documents, arguing that the money the business generated in 2016 and later is neither relevant to nor probative of the state of the business between 1996 and 1999. For the reasons discussed on the record, the Court denies the Government's application to admit the 2017, 2018, 2019, and 2020 reports and financial statements. As Ng argues, the probative value of the records is diminished by the almost "two decades" between the investment and the records. Ordered by Chief Judge Margo K. Brodie on 4/3/2022."

On April April 4 in the US closing, AUSA Alixandraclosing AUSA Alixandra Smith said that while NG "was making millions of dollars a year working for Goldman Sachs, he wanted glory to move up from being a managing director to a partner...  He wanted the money promised, which was $35 million. The defendant would have you believe that he’s up there by accident, the only one who didn’t know what was going onBut all the evidence makes it clear: Everything the defendant did was in line with what all the co-conspirators were doing.”   As noted, there were bribes paid officials in Malaysia and the UAE< not answer UAE, not answered on by the UAE Mission e the UNto the UN to get the 1MDB business for Goldman. Smith said, "The harm to the people of Malaysia is immeasurable." Tell it to the UN affiliateiates which won't return any of the money.

  On April 5 after a long jury instruction, the juror deliberated for just under two hours. They sent two notes, one that if no verdict on April 6 they'll knock off at 4 pm and more substantively asking for the testimony, direct and cross, of Roger Ng's wife.

On Apri On April 6, the jury stayed cloisered all day and will continue on April 7, , , until 4 p.m. if necessary.  There were several notes,, primarily scheduling-related.. . They said they ccan deliberate on Friday if necessary.  They also asked for extra copies of the jury instructions::: they only had one copy. (By contrast in SDNY Larry Ray, whose jury began deliberating at the same time, reached 15 guilty verdicts midday on April 6). 

On April 7On On April 7 another day without decision. The jurors asked for a chart of bribes, whose existence had been disputed at trial. They said they would resumed on April 8 at 9:30 am. .Watch this site.wifever

 Back on March 14, FBI agent Eric Van Dorn laid out the US government's estimate of who stole what. Not surprisingly, Jho Low now in China was at the top, with $1.42 billion. Najib despite his protestations came in at $756 million while his son in law, and Wolf of Wall Street financier, Riza Aziz took $238 million.

  Notably, while even the government for whom he is cooperating says Goldman Sachs' Tim Leissner stole $73.4 million (of which he's returned, supposedly, only $43.7 million), the defendant he is cooperating against, RogeNg, allegedly stole $35.1 million.

  On the much air-brushed UAE front, Khadem al-Qubaisi is said to have taken $472.8 million and an Aabar-ite on whom we'll have more took $76.6 million. And the other UAE royals and diplomats? The UAE Mission has yet to answer a single written question, and colludes with the UN of Antonio Guterres in banning the Press that asks.

  Aziz had to return $60 million he put into the Wolf of Wall Street. So why hasn't any of the money put into UN affiliates, including well documented and even publicized transactions by Jho Low (including to the UN Foundation) been returned? We'll have more on this.

Some Q&A: Ng's lawyer: So UAE and GCC royals were trying to buy La Perla. What's that? Tim Leissner: It's a high end underwear company. Ng's lawyer (perhaps disingenuously) What's GCC? Tim Leissner: The Gulf Council. The Arab states around the Gulf

Q: So did you have UAE Sheikh Mansour's letter to PM Najib on you when you were arrested at Dulles 6/10/18? TL: Yes. I kept it on my person for years. Q: Did you give it to the FBI then? TL: No, only when I was up in NY. Q: Where is it now? TL: With my wife in LA.

 Q: Jho Low's birthday party in Vegas, let's go over the invitation list, people from the UAE, Saudi Arabia, Mongolia, Kuwait, oh and Aruba. Is Ng on the list?

TL: No, but he was there. I saw him in the lobby. Q: You saw Swizz Beatz give a gift to Jho Low? TL: Yes.

 Q: Kate Upton danced, but you told the FBI that Roger Ng was most excited about Bradley Cooper being there? Tim Leissner: I don't remember telling the FBI that.

Ng's lawyer: I think we're at a transition point and could end.

 Inner City Press is covering it, for project #TheWeaselOfWallStreet in a time of war 

Inner City Press remains on the case. New song here


Ng's counsel submitted a letter: "Dear Chief Judge Brodie: We write in response to the government’s February 20, 2022, letter (Dkt. 147) requesting that the Court preclude Mr. Ng from introducing an exculpatory banker’s notation contained in a June 13, 2012, Capital Place bank record." Full letter on Patreon here.


Feb 24 EDNY vlog here;

a Feb 23 EDNY standup here.

Before, a Feb 22 EDNY stand-up, here.

 And see, TheWeaselofWallStreetnew Jho Low Blues 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 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 fowrangling 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 dinot 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.

The case is US v. Jho, et al., 18-cr-538 (Brodie)

sdny

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