By Matthew Russell Lee, Patreon Video
SDNY COURTHOUSE, Feb 7 – Former NBA players Anthony Allen, Sebastian Telfair, Terrance Williams and 15 others former players were named in an indictment unsealed on October 7, 2021 for defrauding the NBA health fund, in Telfair's case, for $350,000.
Telfair nevertheless got a publicly funded lawyer. Inner City Press was there, in U.S. District Court for the Southern District of New York Magistrates Court and live tweeted it here and below(street video here)
On January 12, Telfair's lawyer filed a sentencing submission asking for no jail time, only probation, as he fights his New York gun case - while the UN Attorney's Office wrote it to ask for a sentence below the 15 to 21 month guideline.
On January 26, 2024, Telfair got time served: "Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 1/26/2024 for Sebastian Telfair (16) Count 1ss. Defendant sentenced to time-served."
On February 1, the sentencing of William Washington was thrown into disarray. He emailed Judge Caproni, then his appointed CJA lawyer wrote in that privileged materials had been provided and that he would, without directly conferring with Washington, be requesting a delay. Or a withdrawal?
On February 6, Washington wrote it seeking to fire his CJA attorney and go pro se, stating that "this step is crucial for presenting my defense." He asks for an evidentiary hearing, "deeply anchored in the foundational principles established by Brady v. Maryland."
On November 13, 2023 the trial of William Bynum and Ronald Davis was winding down. Bynum was being cross examined about paying Terrence Williams $30,000. Asked if he'd stopped speaking with Terrence Williams, Bynum said only money, "I'm a positive person," still talking about basketball. Rule 29 motions were denied and one rebuttal witness' testimony trimmed but not precluded.
On November 15, the jury found both guilty "of a criminal scheme to defraud the NBA Players’ Health and Benefit Welfare Plan."
On December 19, 2023, the US Attorney's Office wrote in that dentist Aamir Wahab is not, in fact, eligible for the zero-point offender reduction they gave - but said they will honor it. They are asking for 33 months.
Inner City Press went to the December 20 sentencing. Judge Caproni noted Wahab's prior conviction, and that he didn't need to do this crime. She told him she saw no basis to vary downward - and sentenced him to 36 months, with Southern California designation requested by his California based lawyer.
More courtroom details on Substack here
Back on September 26, 2023, Doctor William Washington flew from Seattle to New York to plead guilty before Magistrate Judge Ona T. Wang. Inner City Press was there, the only media there when a rift in the plea agreement emerged. The prosecutors say the guideline is 27 to 33 months, while Washington says it's zero to six months. The differences are based on the loss numbers - which Judge Caproni will have to rule on. There is as yet no sentencing date, just December 26 (the day after Christmas) as a control date.
Back on August 26, 2022 lead defendant Williams pleaded guilty, to a plea agreement that he will not (and now cannot) appeal any sentence 145 months or less. Plea agreement on Inner City Press' DocumentCloud here.
On August 2, in advance of sentencing, the US Attorney's Office informed Judge Caproni that when Williams was arrested on October 7, 2021, "[t]wo SWAT special agents recall that a loaded mazagine was inserted into the Glock 9mm. Neither agent recalls whether the Glock had a bullet loaded in the chamber." There were three more guns.
On August 3, Inner City Press went to the sentencing. Williams got 10 years in prison. Thread.
On September 22, Judge Caproni set the schedule for the trial of remaining defendants, after she set a sentencing date for Telfair: "ORDER as to Sebastian Telfair: WHEREAS the sentencing hearing in this matter is currently scheduled for Friday, November 3, 2023; and WHEREAS this time is no longer convenient for the Court. IT IS HEREBY ORDERED that Mr. Telfair will be sentenced on Friday, January 26, 2024, at 2:30 P.M. in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. The parties' sentencing submissions are due on January 12, 2024 Status Conference as to William Bynum, Ronald Glen Davis, William Washington held on 9/22/2023. Jury Trial to begin November 1, 2023 at 9:00 a.m. Defendant bail conditions continued."
Back on July 25, 2023, Anthony Allen asked for a sentencing of probation, citing philanthropy in including a meeting with (then) Senator John Kerry and Boston students. There is an exhibit of "press clippings of charitable work."
On August 8, Allen got the time served sentence: "Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 8/8/2023 for Anthony Allen (3) Count 1ss. Defendant Anthony Allen present with attorneys Scott Resnik, Michael Rosensaft and Ifedapo Benjamin. AUSA Ryan Finkel present. FBI Agent Michael Coughlin present. Defendant sentenced to time-served."
On April 21, 2023 there was a pre-trial conference as to William Bynum (6), Ronald Glen Davis (7), Darius Miles (11), William Washington (21). Inner City Press live tweeted it, thread here:
Counsel for William Washington: We need access to the discovery --
Judge: I have received that report from Ms. Greenwood [the Coordinating Discovery Attorney in this and other cases]
Counsel: The problem is the Merlin software.
Judge: I can't force the US to turn over the 3500 material early. You could try to turn up the charm [joke] Counsel: It's pushing into the area of being ineffective to your client. We'd like you to encourage them to produce it early.
Judge: Let's talk about the timing of the trial. There's a terrorism trial [Inner City Press is also covering it, in DDC, here] with a lot of foreign witnesses; there's a need for delay and another judge asking to be accommodated. I will. So...
AUSA: We have a root canal expert...
Judge: Nov 13. But hold Oct 30 open, depending on an Arizona case with an undercover... Expert disclosure by May 26.
On January 30, 2023, co-defendant Milton Palacios was up for sentencing. Judge Valerie E. Caproni noted that he had made, according to the public record, $4.9 million in his NBA career but now owes tax liens. She sentencing him to time served with a $20,000 fine - and a financial literacy class with a two page letter to her.
On February 15, Judge Caproni approved Palacios for travel to Puerto Rico to coach: "dated February 14, 2023 re: Travel for Employment.... For the reasons explained below, we write to respectfully request that the Court issue an order allowing Mr. Palacio to relocate to Puerto Rico so that he can commence his upcoming employment as an assistant basketball coach for the Guaynabo Mets in the Puerto Rican professional basketball league. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/15/2023)."
Meanwhile this: "ORDER as to Sebastian Telfair. IT IS HEREBY ORDERED that a bail review hearing is scheduled for Friday, February 17, 2023 at 11:30 A.M. The hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. (Bail Review Hearing set for 2/17/2023 at 11:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/1/23)."
Inner City Press went to the courtroom at that time. Judge Caproni, just finished with a sentencing in the case, told Telfair, I do not want to remand you but I would. She told Telfair to be sure to comply with his conditions, including drug treatment; she noted he was already showing up for mental health treatment. She asked Telfair, What will happen if you do not comply? "You're going to put me in jail," Telfair replied. Judge Caproni nodded and wished him well.
Back on November 29, co-defendant Anthony Allen filed a request to unseal documents the US Attorney's Office has labeled "confidential," which Allen's counsel describe as containing "statements made by counsel for the NBA Plan... explaining that the money allegedly stolen belonged to the players themselves."
Judge Caproni has ordered that "[t]he Government must file its response to Defendant's unsealing request in a letter not to exceed two single-spaced pages."
When the US Attorney's Office filed, it said it "does not oppose unsealing portions of the letters marked as Exhibits A and B... filed under seal."
Jump cut to January 13, 2023. Anderson had missed a December court appearance, and sent letters to Judge Caproni asserting he is no subject to her or US authority. He was arrested on a warrant, and arrested in Westchester County Detention Center via Grady, Oklahoma. His lawyer argued at length for him to be released, but his letters were cited by Judge Caproni to keep him in detention. Will the sentencing have to be pushed back? Watch this site.
The case is against 18 former NBA players "for defrauding the NBA’s Health and Welfare Benefit Plan out of approximately $4,000,000." It was been assigned to SDNY District Judge Valerie E. Caproni.
Telfair walking away from photographers after court, photo by Matthew Russell Lee 10/7/21
The line up: Indictment charging TERRENCE WILLIAMS, ALAN ANDERSON, ANTHONY ALLEN, DESIREE ALLEN, SHANNON BROWN, WILLIAM BYNUM, RONALD GLEN DAVIS, CHRISTOPHER DOUGLAS-ROBERTS, a/k/a “Supreme Bey,” MELVIN ELY, JAMARIO MOON, DARIUS MILES, MILTON PALACIO, RUBEN PATTERSON, EDDIE ROBINSON, GREGORY SMITH, SEBASTIAN TELFAIR, CHARLES WATSON JR., ANTOINE WRIGHT, and ANTHONY WROTEN with conspiracy to commit health care fraud and wire fraud, in connection with a scheme to defraud the National Basketball Associations (“NBA’s”) Health and Welfare Benefit Plan out of nearly $4,000,000. TERRENCE WILLIAMS is also charged with aggravated identity theft in connection with the same scheme.
The case is US v. Williams, et al., 21-cr-603 (Caproni)
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