Friday, November 24, 2023

Video of NYPD Punching Bronx Felon Filed Along With Bond Request in SDNY


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 24 – A Bronx man out on supervised release after serving 38 months in prison in a narcotics conspiracy was arrested in The Bronx and charged with gun possession on October 11, 2023. He had been in Federal detention since October 13. 

  On November 24, his lawyer filed with the judge a link to an Instagram video of the arrest, complete with an NYPD officer repeatedly punching him in the face. Inner City Press found the filing and followed the link.

The request now is for release on $100,000; a hearing is set for November 28 before U.S. District Court for the Southern District of New York Judge George B. Daniels.

The case is US v. Goodman, et al., 20-cr-57 (Daniels)

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Eager to Purge the Internet of Anti UN Info USG Melissa Fleming Polls Staff on Hate Speech


by Matthew Russell Lee, Patreon Book Substack

UN GATE, Nov 24 – As the United Nations, having failed on Ukraine and largely on Gaza, increasingly focus on issues like trying to censor the Internet of any anti-UN content, the organization this month is surveying its own staff.

Disgusted histleblowers sent it to Inner City Press, banned from even entering the UN by Department of Global Communications boss Melissa Fleming:

Global Staff Survey on Information Environments     How often do you use social media?  What do you view as a reliable source of information?  Do you see negative impacts of potentially harmful information on your work? 

 The survey aims to shed light on how information is spreading; and if and how potentially harmful information is impacting our work, our priorities, and the communities we serve.  The survey’s findings will help support the UN’s work on information integrity – to make digital and information environments safer and more inclusive for all.  The results will also feed into the development of the global code of conduct on information integrity, which will be published in June 2024 ahead of the Summit of the Future.


 Potentially harmful information includes hate speech against people or communities OR misleading or false information.   This information might be circulating online (websites, social networks, messaging apps), via news media (radio, TV, newspapers), via speeches by politicians or community leaders, or via posters and pamphlets.   Where do you encounter potentially harmful information the most? (Select one choice)  I don't experience potentially harmful information  Social Networks (e.g. Douyin, Facebook, Instagram, Kuaishou, LinkedIn, Tiktok, Twitter/X, VKontakte, WeChat, Weibo, Youtube, other)  Messaging Apps (e.g. Facebook Messenger, iMessage, KakaoTalk, Line, Signal, Snapchat, Telegram, QQ, Viber, WhatsApp, other)  Broadcast media (e.g. radio, television)  Podcasts  

  And what will USG Fleming, who has refused to answer a pro bono law firm's letter to her about lifting her lawless ban on Inner City Press, do with the information she collects and cherry picks? Watch this site

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Do Kwon Extradition OKed by Montenegro Amid SDNY indictment, SEC v Terraform Labs


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 24– The SEC's case against  Terraform Labs is moving toward a January 2024 trial. On November 17 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweet, thread.

  Five days later, Judge Rakoff barred defense experts Unny and Parlour - and in Montenegro,  the Basic Court in Podgorica approved the extradition of Terra founder Do Kwon, with the destination of the extradition to be made by the Montenegrin justice minister after Kwon serves out his four-month prison sentence in Montenegro for document forgery.

The SDNY criminal case is US v. Kwon, 23-cr-151 (Cronan)

More on Substack here

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 


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CZ of Binance Could Skip Bail and Sentencing in UAE DOJ Argues in Appealing His Bond


by Matthew Russell Lee, Patreon Book Substack

FEDERAL COURT, Nov 22 – After Changpeng Zhao or CZ of Binance pled guilty to money laundering and sanctions violations, a Federal Magistrate ruled that he could travel back to the United Arab Emirates until his sentencing in February 2024.  

The US Attorney's Office said it would appeal to the assigned District Judge, and on November 22 it did. It notes that

"the United States has no extradition treaty with the UAE. If Zhao decided he would not return for his sentencing, the government would not be able to secure his return..  Zhao is a multi-billionaire. The government believes that the vast majority of that wealth is held overseas and Zhao is believed to have hundreds of millions of dollars in accessible cryptocurrency. Zhao could live on that wealth in the UAE indefinitely." Full memo on Patreon here.

Two people, undisclosed for now, have agreed to forfeit property if CZ were to not return. We'll have more on this.


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After US Virgin Islands Settled on Epstein With JPM Chase Now 5 Does Sues USVI Officials


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 22 – The Virgin Islands, which recently settled its Jeffrey Epstein-related case against JPMorgan Chase, was itself sued by five Epstein sex trafficking victims on November 22, 2023.

 It was filed in the U.S. District Court for the Southern District of New York, where Inner City Press which published a book about the Ghislaine Maxwell trial found it. 

  Jane Doe 1-5 have sued USVI First Lady Cecile de Jongh, Governor Kenneth Mapp, Senator Celestino White, AG Vincent Frazer, Stacey Plaskett and others under the Trafficking Victims Protection Act. 

  It cites Cecile de Jongh and Stacey Plasket staying in Epstein's Manhattan mansion, the latter to raise money for the DNC. 

Civil cover sheet on Patreon here

The case is Doe 1, et al., v Government of the US Virgin Islands, et al., 23-cr-10301 (Unassigned)

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Sarah Lawrence College Sued by 3 Larry Ray Sex Cult Victims Drury and Talia Ray Not In


by Matthew Russell Lee, Patreon Book Substack

SDNY SCOOP, Nov 22 – Three victims of Larry Ray, the father who moved into his daughter Talia's Sarah Lawrence College dorm and started a sex cult, filed a lawsuit against Sarah Lawrence Colleg, assigned to Judge Lewis Liman on the afternoon of November 22, 2023. 

  It was filed in the U.S. District Court for the Southern District of New York, where Inner City Press which published a book about the Larry Ray trial found it. Complaint on Patreon here

   In the suit, Daniel E. Levin, Santos J. Rosario and Felicia Rosario accuse Sarah Lawrence College, Lee Chen and Gumley-Heft LCC (owner and manager of the East 93rd Street condo where the sex cult moved) and Scott Muller (into whose house Ray moved Felicia Rosario). of violating the Trafficking Victims Protection Act.

  The complaint largely tracks what came out at trial. It is notable that Claudia Drury is not a plaintiff - and that Talia Ray is not a defendant.

The case is Levin, et al., v. Sarah Lawrence College, et al., 23-cv-10236  (Liman)

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Terraform Labs SEC Case Moves Toward Trial But Defense Experts Unny and Parlour Barred


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 22– The SEC's case against  Terraform Labs is moving toward a January 2024 trial. On November 17 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweet, thread:

OK - now in crypto case of SEC v. Terraform Labs Pte Ltd. et al  - defendants want in a defi expert, Professor Parlour,  from Berkeley.

SEC lawyer: Prof Parlour says the use case for UST was as a fiat replacement- but admits she's never seen that. We'll be calling Terra employees as witnesses. Prof  Christine Parlour takes the stand, and says (in British accept) I put the system design in context

Judge Rakoff: So we're talking crypto securities- I mean cryptocurrency, I'm sure no one is interested in that distinction (grins) This case alleges fraud Parlour: The DiMaggio paper has a limited scope. Judge Rakoff: I'll rule by Thanksgiving.

Judge: The next proposed defense expert didn't do the analysis himself, Cornerstone Research did. SEC: He has no certifications in blockchain analysis. Now Raj Unny on the stand. Judge: How much are you being paid? Unny: $950 an hour. Judge: Do you want a raise?

Unny: I know the code. Judge: Why is the name of the company that tried to maintain the peg in May 2021 kept confidential? Counsel: They asked for it. Judge: I'm about to say their name Company's outside counsel " Elliot Bacon" says the material is confidential

 Judge: The name of the company is Jump, jumping right into it.

 SEC: Jump has an incentive to support the peg. Judge: Sure there were motivations. But this proposed expert was looking at the effects of Jump's trading, not its motives. SEC: Jump earned a $400,000 profit from a long position in UST.

Terrence Hendershott: The motivations don't go into the statistical model.  Judge: You were paid $1400 an hour. Why more than Ms Parlour? Hendershott: I have more experience.

Judge: But are your opinions within your area of expertise? Hendershott: I've studied technology and markets for 30 years. Judge: I will let the SEC question you - like Perry Mason, go up to him. SEC: You estimate Jump made $400,000? [Note: that 400 thousand]

 Next proposed expert is on stand. Defense lawyer: If Jump trades ten seconds apart, does your model consider if there was another trader- SEC's rebuttal expert [to Hendershott] I don't see one. I used the same data in both reports. Judge: SEC questions?

 SEC: What occurred that day between 13:30 and 14:00? A: The Jump witnesses will tell us. Next SEC expert is Matthew Edman Judge: How tall are you? Edman: 6'3". I reviewed source code. Judge: SEC alleges it was a lie that Chai was using the blockchain

 Edman: The inputs from the server were not available for review SEC: Defendants says they couldn't get it from Naver Edman: That's like the AWS of Korea Judge: We'll break here

 We're back. 2d defense lawyer: We too are interest in Chai and the LP server. Judge: Is any of this data in the US? TFL lawyer: No. It's all in Korea. Judge: I can compel anything in the US. There's the Hague Convention, or I can write letters to judges overseas

Edman: I reviewed posts by Do Kwon in which he claimed some transactions were Chai transactions...  Judge: We're done for today. Get me Howey briefing. I will get you a bottom line decision by Thanksgiving. Inner City Press will cover it

There's more: SEC: Will Do Kwon attend? TFL lawyer: We can't know. Judge: We need to know by late December. Oh and I'll speak at Columbia but not about thus case, only Howey.

More on Substack here

Before Thanksgiving, Judge Rakoff issued this bottom line ruling: "After considering the parties' full briefing and the arguments and answers presented at the hearing, the Court hereby rules as follows: ( i) the Court denies defendants' motions to exclude the testimony of the SEC's experts, Dr. Mizrach and Dr. Edman; (ii) the Court denies the SEC' s motion to exclude the testimony of Dr. Hendershott; and (iii) the Court grants the SEC's motions to exclude the testimony of Mr. Unny and Dr. Parlour. An opinion explaining the reasons for these rulings will follow in due course."

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 

 Do Kwan's criminal  case has been assigned to District Judge John P. Cronan, after his arrest at the airport in Montenegro.   

 The indictment, formally against Do Hyeong Kwon, cites Terra LUNA and TerraUSD. South Korea has also asked that Do Kwon be extradited.  Inner City Press, which covers all things crypto in the SDNY and beyond, is tracking it.

The SDNY case is US v. Kwon, 23-cr-151 (Cronan)

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UN PGA Francis Funded Only by China and 1 Region with Fake Minister as Adviser, Press Ban


by Matthew Russell Lee, Patreon Book Substack

UN GATE, Nov 22 – When Dennis Francis took over at President of the UN General Assembly, his spokesperson Monica Grayley directed the press to his website.

But days later on September 11, under "Transparency," there were only two pages, both of which said "No posts."  Now there are only seven funders of his office: Qatar, Kuwait, China and Saudi Arabia; then Morocco, Azerbaijan and Oman. That's it.

And on October 7, long after others had issued their statements on Gaza and Israel, absolutely nothing from UN PGA Dennis Francis' many spokespeople, who normally send out several canned statements a day. Meanwhile defenders of the UN will be calling for and hyping up a meeting of the GA, once the Security Council (set to meet on October 8) fails. Watch this site.

Today's UN is a joke: Francis has belated put online a PDF of staffers - but NOT of who pays them, a minimal reform announced after PGA Ashe's indictment. It includes "Mr. Ralph A. Kader Special Adviser to the PGA (Strategic Engagements and Resource Mobilization)."

  Among other things, Ralph Kader has been listed (and paid) as the "foreign minister" of the fake country of Monte de Agrella, which Inner City Press exposed before being thrown out by SG Antonio Guterres and still banned.

Inner City Press must be re-admitted to ask. Corruption.

 

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Man Charged with Planning al Shabaab Attack Cites Deafening White Noise in Sealed Court


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 21 – Cholo Abdi Abdullah is charged with planning with al Shabaab to attack the US with a commercial jet. 

 On September 5, 2023 he appeared in court saying he has lost faith in lawyers, and intially saying he now wants to represent himself. Inner City Press was there, the only media in the courtroom.

  U.S. District Court for the Southern District of New York Judge Analisa Torres advised him that without a lawyer he would be at a major disadvantage.

After a break, it was agreed he said confer with CUNY law professor Ramzi Kassem, and be back in court on September 19 at 3:30 pm. There is more to be reported but for now, here, this is it.

On November 21, Inner City Press went at 9 am to Abdullah's Faretta hearing. But it was asked to leave the courtroom, from 9:22 am to 9:50 am. It has filed a letter to get the transcript of the closed proceeding, here.

After being readmitted to the courtroom, Abdullah said he wants to represent himself at trial and "stay passive," allowing the government to make its case. Apparently more reasons were given in the sealed session. A stand-by counsel was appointed, who quickly asked for a co-standby.

   Cholo Abdi Abdullah then described his conditions of confinement on an upper floor of the MDC in Brooklyn, a floor with only two other prisoners, whom he hasn't been able to see or speak with. He said the white noise is turned on so loud he cannot sleep, and doctors cannot hear him when he describes his conditions. And still - no transcript of the sealed portion of the proceeding.

More on Substack here

  The case is US v. Abdullah, 20-cr-677 (Torres)

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Eric Lira Pled in Rodchenkov Anti Doping Act Case Now US Wants Some Incarceration


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, November 21 – In January 2012 there was the

"unsealing of the first criminal charge under the Rodchenkov Anti-Doping Act, signed into law on December 4, 2020, which proscribes doping schemes at international sports competitions, including the Olympic Games. The Complaint unsealed today alleges that ERIC LIRA, a “naturopathic” therapist operating principally in the area of El Paso, Texas, obtained various performance enhancing drugs and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021." 

 On May 8, 2023, Lira pled guilty. Inner City Press was there. 

 The pleas was before U.S. District Court for the Southern District of New York Magistrate Judge Valerie Figueredo. Inner City Press was there.

  Lira allocuted to providing PEDs to one female track athlete, from El Paso. But the prosecution mentioned Georgia, too, and said he had held a meeting in EDNY. The plea deal is for 12 to 18 months, with payment capped at $55,000.

Judge Schofield had not yet set a sentencing date so there is a control date six months out, on November 8. Defense counsel asked if the pre-sentence interview can be virtual.

On August 10, Lira's Texas based lawyer wrote asking to postpone sentencing to mid November because "I have a client who was served with a subpoena for the impeachment proceedings of Texas Attorney General Ken Paxton in the Texas Senate."

After Lira asked for no jail time, the US Attorney's Office on November 21 wrote it to say that some term of incarceration is important: it did not say or suggest how much.

 The case is US v. Lira, 22-cr-151 (Schofield)

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Fed Dropped CRA Condition on Linkbankcorp Approval after Posting Now Governors Not Told


By Matthew Russell Lee, Patreon Maxwell Book

SOUTH BRONX, Nov 21 – The Federal Reserve Board in considering the proposed merger on the rebound between New York-based Link Bank and Partners Bancorp omitted at the eleventh hour - or apparently the thirteenth hour - language about a Community Reinvestment Act condition imposed by the FDIC.

  Now the Fed and its Governors have been asked Why - and when.

Inner City Press and Fair Finance Watch have long exposed redlining - and in this vein, on May 6 they filed a Community Reinvestment Act challenge with the FDIC and Federal Reserve.

  In October, the FDIC required from LINKBANK a plan to improve its lending to African Americans, which Inner City Press has published on its DocumentCloud here.

But Link kept spinning, issuing a press release about these partial approvals without mentioning the condition, and concluding it "remains subject to the approval of the Board of Governors of the Federal Reserve System and other customary closing conditions. LINK anticipates closing the Merger in the fourth quarter of 2023." We asked, How do they know?

 Well, they know that the Fed has boiler plate ready, ready to say it is concerned with HMDA disparities without acting on them, ready to say they conferred with the FDIC without acknowledging the condition the FDIC required.

The "Corrected" Fed approval emailed to Inner City Press on November 16 did not acknowledge the CRA condition. But the approval order first posted - and voted on?- did. We on November 16 filed:

Dear Chair Powell, Secretary Misback and others in the FRS:   This is a formal request for reconsideration under 12 CFR Part 262.3(k) of the Board's "corrected" -- dropping the  reference to FDIC's CRA Condition - Approval of the above-captioned applications by LINKBANCORP, Inc..  

  The Board's website currently says, of this order, that "Note: The initial version of this order was incorrect and inadvertently posted. A corrected version was posted on November 15, 2023."   

 Meanwhile, Deputy Associate Secretary Fennell's letter to me dated November 16 states that "today the Board of Governors of the Federal Reserve System has approved the proposal." If the approval was "today" / November 16, how was it corrected on November 15? The copy emailed to us on November 16 is entitled "Corrected."

   It's worse, much worse. The original (real? approved?) version of the order stated  "The FDIC’s approval of the merger of Bank with the Bank of Delmarva and Virginia Partners Bank includes a condition requiring the resultant institution to develop an action plan, including a marketing plan and additional outreach, to be submitted to the FDIC for approval, for monitoring and improving the extent of home mortgage applications from, and originations to, African American applicants in the resultant institution’s assessment areas. This condition will help ensure that the resultant institution continues to help in meeting the credit needs of the African American population in the resultant institution’s assessment areas."  

  It is true that the FDIC imposed a CRA condition, after receiving comments from Fair Finance Watch / Inner City Press. The FDIC sent the order with condition to us and we posted it online.

   So why - and when - did the Federal Reserve, which claims to have conferred with the FDIC as primary supervisor, abruptly take out of its already-posted approval order the language about the CRA condition? Was it after the Board's approval? Who decided that the CRA condition language should be removed? Why? To make it unenforceable?  

 The "corrected" approval order, with the CRA language removed, is said to be:  "Voting for this action: Chair Powell, Vice Chair Jefferson, Vice Chair for Supervision Barr, Governors Bowman, Waller, Cook, and Kugler." When did each vote? Were they made aware of, and is each Governor responsible for, the removal of the CRA condition language?  

  These are clearly facts that we could not present during the official comment period, or even prior to approval (or at least, "correction").    And they militate for reconsideration, for airing to each Governor and an explanation, given the Governors' claims and statements about their commitment to CRA.

On  November 21 past 5 pm, a Federal Reserve staff attorney left Inner City Press a voicemail reading a script that the Fed General Counsel - without showing even this to the Board members - determined there was nothing new in the request. But Inner City Press didn't know about the removal of the condition language until after the Fed said it approved it - it could NOT have been shown before. UNreal. And the new(ish) Governnors? What do they think or do?

Fair Finance Watch has been reviewing LinkBank including its 2021 HMDA data not taken into account in any CRA exam and finds it troubling.

 In Pennsylvania in 2021, Link Bank made 49 HMDA-reported loans to whites - and only TWO to African Americans, worse that its peers.  When one expands the review to include loans beyond Pennsylvania, Link Bank's loans in 2021 to whites increase to 53, but to African Americans remains the same insufficient TWO.  

   Linkbank has grown more disparate since - but first, the issue of the Federal Reserve removing its own language about the FDIC's CRA condition must be addressed on this request for reconsideration, and the approval stayed.

Watch this site.

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