By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Aug 3 – Stuart Finkelstein filed Americans With Disabilities Act lawsuits in the U.S. District Court for the Southern District of New York, allegedly without actually representing or even contacting his putative clients.
On December 3, 2019 Finkelstein appeared in SDNY Magistrates Court before Magistrate Judge Barbara Moses on mail fraud and aggravated identity theft charges. He was allowed to remain free on $150,000 bond with travel restricted to SDNY, EDNY the Southern District of Florida and three districts in or the entire state of Tennessee.
Assistant United States Attorney Rushmi Bhaskaran proposed to also include the District of New Jersey, but Judge Moses said if this was only to fly through the airport in Newark, Finkelstein should not "hang out" in New Jersey. He agreed.
Judge Moses asked, Why Tennessee. AUSA Bhasharan replied that Finkelstein's son live there. But in what district? And why was the underlying US Attorney for the SDNY press release not sent to or received by the Press?
In a November 25 letter to Magistrate Judge Katharine H. Parker, AUSA Bhashakan corrected the complaint's summary by Mason Posilkin of the ADA based on information she "provided to the former U.S. Attorney's Office Special Agent Posilkin (Mr. Posilkin is leaving [the] Office to join the FDIC)."
Apparently, now the law no longer requires that to allege past injury a plaintiff must make some effort to visit the public establishment that is being sued. Inner City Press, the only media in the Mag Court when Finkelstein was presented, said it would stay on this - and has.
Jump cut to September 2, 2021. Assigned District Judge Paul G. Gardephe said Finkelstein's lawyer Brian John Griffin had a conflict, and gave Finkelstein until September 17 at 11:30 am to find another lawyer. Then he requested a financial affidavit.
On October 1 in a proceeding that Inner City Press once again covered, Judge Gardephe approved Finkelstein for a taxpayer-funded lawyer, and set the next conference for December 3, with time under the Speedy Trial Act excluded.
Jump cut again to March 21, 2022, with Finkelstein represented by CJA counsel and now, if it does not plead out, facing a trial before Judge Gardephe on October 11.Tick tock.
On July 12 Finkelstein pleaded guilty to Count 1, before Magistrate Judge James L. Cott. He will be sentenced by Judge Gardephe on November 15. From the plea agreement: "the defendant will not file a direct appeal; nor bring a collateral challenge, including but not limited to an application under Title 28, United States Code, Section 2255 and/or Section 2241, of any sentence within or below the Stipulated Guidelines Range of 41 to 63 months’ imprisonment."
The sentencing was repeatedly adjourned. On July 27, 2023, two lawyers and a former Deputy US Marshal put in letters of support.
On August 3, Finkelstein was sentenced to four years in prison. Inner City Press was there. Thread:
OK - now at sentencing of Stuart Finkelstein for scam Americans with Disabilities Act lawsuits. Inner City Press has covered the cases Judge: Guideline is 51-63 months.
Defense: Finkelstein is like Don Quixote. He is a damaged conquistador. Finkelstein Senior walked around with a gun and shot at his brother: his mother hated him. He failed the bar exam 7 times. Gov Crist supports him
[Finkelstein flops back in his chair at defense table, loud sigh. Son Benny here in gallery gets tissue. Now he's up to speak, for his mother: My father is complicated.
Finkelstein: I'm sorry to Mr Figueroa, for abusing his trust. I get off on helping people. I like to use my mouth. The underdog and me, we go hand in hand [paw]
Finkelstein: My father was my idol. But he treated me like excessive baggage. My therapist helped me, my judgment was skewered, I think that's the right word. My son is going to work at one of the top law firms in Florida.
AUSA: There must be deterrence. He was disbarred in 2007. He lied to the character and fitness committee, then fake ADA cases in SDNY and EDNY, making a mockery of the law. We want substantial incarceration.
Judge: Finkelstein filed 30 ADA lawsuits in the name of Victim-2. In one case in this building, Finkelstein ordered Victim-2 to buy a wheelchair and appear in court. They took a photo outside this courthouse
Judge Gardephe: Finkelstein cites to me my decision to give Avenatti a below guideline sentence because the US did not charge Mark Garagos. But Garagos was present during the extortion
Judge: This is beyond the pale. I sentence Stuart Finkelstein to four years in prison
The case is US v. Finkelstein, 21-cr-217 (Gardephe).
***
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.
Feedback: Editorial [at] innercitypress.com
