by Matthew Russell Lee, Patreon Book Substack
EDNY COURTHOUSE, Jan 31 – On November 2, 2023 SafeMoon's trio were indicted in the U.S. District Court for the Eastern District of New York. Inner City Press covered it.
Prosecutors charged Braden John Karony, Kyle Nagy, and Thomas Smith with conspiracy to commit securities fraud, conspiracy to commit wire fraud and money laundering conspiracy for their roles in defrauding investors in a decentralized finance digital asset called “SafeMoon” Earlier today, Karony was arrested in Provo, Utah...
On November 3, Smith was arraigned, bond document on Patreon here ....
On November 8, EDNY prosecutors wrote "seeking the detention of the defendant Braden John Karony." Full memo on Patreon here.
But Karony was ordered free on bond, by Magistrate Daphne A. Oberg (whose previous freeing of January 6 defendant John Earle Sullivan Inner City Press previously covered here). The EDNY prosecutors have written to the assigned District Judge to appeal / seek a stay, 6-page letter on Patreon here.
On Sunday November 12 Karony's lawyers wrote in that "without more, every U.S. citizen facing criminal charges in the digital asset space would be detained through trial, in effect establishing an unrebuttable crypto presumption." Full letter on Patreon here.
On November 13, Inner City Press live tweeted the bail appeal in which Karony was ordered detained and to be brought to EDNY, thread
On November 22, Karony's lawyers filed - Letter on Patreon here.
On November 27, the prosecutors replied that transport will take the time it takes, and there is no basis for release. Letter on Patreon here.
Late on November 29 the EDNY US Attorney's Office filed its discovery list, on Patreon here.
In the run up to an EDNY appearance by co-defendant Smith, the US Attorney's Office on December 5 disputed Karony's lawyers' characterization of their position. Email on Patreon here.
Inner City Press called in to District Judge Komitee's proceeding, but heard only lawyers on hot mic. The next day, it was docketed that the hearing - no public access, despite it being by phone? - was before a Magistrate Judge: "Minute Entry for proceedings held before Magistrate Judge James R. Cho: Government opposed the bail package as stated on the record." Was this an open proceeding? Judge Komitee has previously unsealed a sentencing video after Inner City Press' filing. But on this, there may be no remedy...
On December 18, co-defendant Thomas Smith had a new lawyer file a notice of appearance in the EDNY case - a Federal Defender, publicly paid. On Patreon here.
Back on December 8 Judge Komitee signed an order to move Karony from Utah's Metro & Oxbow Jail to the EDNY "forthwith," order on Patreon here.
And weeks later, Karony was appeared in the BOP database as in MDC Brooklyn for Christmas...
On December 28, co-defendant Thomas Smith's Federal Defender wrote in seeking permission, with prosecutors' consent, for him to travel to Evans, Georgia - for a training. Filing on Patreon here.
On January 2, Smith got the OK - and Karony pleaded not guilty: "Minute Entry for proceedings held before Magistrate Judge Taryn A. Merkl: Arraignment as to Braden John Karony (1) Count 1,2,3 held on 1/2/2024, Initial Appearance as to Braden John Karony held on 1/2/2024, Plea entered by Braden John Karony Not Guilty on counts to all counts. Defendant arraigned on the indictment. Defender pleads Not Guilty to all counts."
On January 31, Karony's lawyers who said he is not paying them were denied permission to drop him for now - until another lawyer, perhaps CJA, steps in: "ORDER: Defendant Karony's attorney has moved [42] to withdraw as counsel of record because of its client's inability to pay. "Non-payment of legal fees, without more, is not usually a sufficient basis to permit an attorney to withdraw from representation." In re Albert, 277 B.R. 38, 50 (Bankr.S.D.N.Y.2002) (quoting In re Revere Armored, Inc., 1997 WL 794460, at *3 (2d Cir. Dec. 30, 1997). Nevertheless, the court will consider -- and likely grant -- counsel's application for relief after new counsel has entered an appearance. If the defendant lacks the ability to pay for his defense, he should complete the process of applying for Criminal Justice Act counsel with his current lawyers' assistance. Ordered by Judge Eric R. Komitee on 1/31/2024.
Inner City Press will follow the case(s)
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