By Matthew Russell Lee, Patreon Transcript
SDNY COURTHOUSE, Sept 26 – Victor Mones Coro was charged with brokering private passenger air travel for Tareck Zaidan El Aissami Maddah - and like co-defendant Michols Orsini Quintero was given his discovery late by the US, mixed with other DHS info.
Jump cut to August 2, 2023 - as to Michols Orsini Quintero: ORDERED conference on August 10, 2023 at 10:30 a.m No adjournments will be granted."
Inner City Press went on August 10 - it didn't start at 10:30, then had already begun at 12:15. And the plea was not accepted. Thread
Plea is in jeopardy: AUSA says this is a specific intent crime - but Orsini didn't know that his two passengers were on the OFAC list. Is "conscious avoidance" enough?
Afterward Inner City Press asked Orsini, Como te sientes? He smiled, shrugged and said, es un proceso, it's a process. Then he ran to fly back to Florida.
On September 7, a new possible plea proceeding was scheduled and docketed: "ORDER as to Michols Orsini Quintero: A conference in the above-captioned case is scheduled for September 18, 2023, at 11:00 a.m. A change of plea may occur. Accordingly, it is in Defendant's interest to appear, and the Court's and public's interest that he appears, for the conference and possible plea allocution. An appearance for a Rule 11 allocation is required to be personal. See Fed. R. Crim. P. 11(b)(1), (2) (requiring the court to "address the defendant personally in open court"). It is hereby ORDERED that, pursuant to 18 U.S.C. 4285, the United States Marshal's Service shall arrange noncustodial transport, via commercial economy-class, one-way ticket for Defendant to fly from Miami, Florida to New York, New York.
On September 26, it happened. Inner City Press was there, thread:
All rise! Judge: I've read Judge Calabrisi's decision in 219 F.3d, decided in 2000. Shall we just proceed? I'll swear you again, Mr. Orsini. [Done: "lo juro"]
Judge: We went over your exposure to being deported. Tell me what it is you did. Orsini: I was a pilot Orsini: I agreed to transport 2 individuals, Bello & Tareck. I knew they were being investigated. DHS asked me questions, at my home. Judge: When was this?
Orsini: July 2018. I did not want to know more about their problems with the law. [Conscious avoidance]
Orsini: At their office they asked if I could call my boss Victor Mones, and if they could record it. I said sure, I would cooperate with them. I called Mones and he said to let him know if the agents contacted me again.
Orsisi: Mones told me not to provide a lot of information about those passengers, to play dumb. The agents told me I could continue to fly them. Judge: You flew them? Orsini: Yes. From DR to Venezuela & back. I did not want to hear more about their legal problems
Judge continues to press; defense objects to question as beyond the scope of the allocution. Judge: Overruled. Now five minute break taken. Is this plea teetering again?
Judge has called counsel into his robing room, leaving Orsini out sitting alone at the defense table. Here is the 2d Cir Judge Calabresi decision cites on conscious avoidance, here
Judge is back. "Counsel have agreed I have sufficient information. My belief is that there is not sufficient information about to the first flight.. It was probably that Mr. Orsini knew there was something wrong with flying them. But there was doubt.
Judge: But as to flights 2 through 5... I accept the plea. Sentencing set for January 23 at 11 am
The case is US v. Coro, et al., 19-cr-144 (Hellerstein)
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