Friday, January 17, 2020

Chris Collins Sentenced to 26 Months For Insider Trading In SDNY Slugfest


By Matthew Russell Lee, Thread, PatreonBBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Jan 17 – When former Congressman Chris Collins came up for sentencing on January 17, he and his lawyers were ready with arguments about the Boy Scouts. 

U.S. District Court for the Southern District of New York Judge Vernon S. Broderick was ready with a statement that he had no considered Collins' political views in imposing sentence on him, ultimately 26 months in a prison camp in Pensacola, Florida, to begin on March 17.
The US Attorney's Office wanted to appear (almost) as tough on white collar crime as it is on more physical crimes by poorer defendants.
  With all three sides having something to prove, it was going to take a while. And it did take hours. Inner City Press live tweeted the proceeding, here.   More on Patreon here.
 Much of the debate concerned whether Collins, when he told his son Cameron about the setback for Innate Immunotherapeutics, could or should have told him, "You can't trade on this."    
Another concerned whether Collins recklessly harmed his constituents by actively running for office when he knew or should have known he likely could not serve out the term.  
What made that issue complex is that a defendant has a right to proclaim his innocence and should not be punished for it. But to attack the opposing candidate?  
Collins said he did not want to return to Buffalo. Judge Broderick after imposing sentence urged him to do so.

Collins' son Cameron will soon be sentenced. It seems Chris Collins will not be there. But Inner City Press will. Watch this site -a and the @InnerCityPress Twitter feed, and Patreon site. In fact, more on this Chris Collins story on Patreon, here.

Monday, January 13, 2020

For Leaking FinCen SARs of Manafort Edwards Pleads Guilty But Says Was Whistleblower



By Matthew Russell Lee, Video, thread, Patreon
SDNY COURTHOUSE, Jan 13 – The U.S. Treasury employee accused in October 2018 of leaking Suspicious Activity Reports about Paul Manafort and others, Natalie Edwards, pleaded guilty to one count on January 13, 2020 before U.S. District Court Southern District of New York Judge Gregory H. Woods.
  Edwards got a plea agreement for between zero and six months and a $9500 fine which her lawyer Marc Afgnifilo afterward told Inner City Press was a standard fine. Video here; live tweeted thread of plea proceeding here. More on Patreon here.
  The allocution almost broke down when Judge Woods asked Edwards if she knew what she did was wrong. She mentioned that word whistleblower then got cut off.
  After Assistant US Attorney Maurene Comey and her colleagues conferred with Agnifilo and
Jacob Kaplan, also with Brafman & Associates, the plea got back on track. Edwards said she knew the disclosure to BuzzFeed was not authorized.
  Outside the SDNY courthouse afterward, Inner City Press and others puts questions to Agnifilo. Inner City Press asked if Edwards had sought whistleblower status. Agnifilo said genially that he declined to answer. He added that he will be seeking a non incarceratory sentence. The sentencing is set for June 9 at 4 pm. Watch this site. More on Patreon here.
Back on January 30, 2019 on Worth Street, Inner City Press asked her Kaplan about a statement made during the initial proceeding, that another person's device was also search. Kaplan acknowledged that had been said, adding that he didn't know who it was. Video here, Vine here.  

Here's from what was announced in the Complaint in October 2018: "Beginning in approximately October 2017, and lasting until the present, EDWARDS unlawfully disclosed numerous SARs to a reporter (“Reporter-1”), the substance of which were published over the course of approximately 12 articles by a news organization for which Reporter-1 wrote (“News Organization-1”). The illegally disclosed SARs pertained to, among other things, Paul Manafort, Richard Gates, the Russian Embassy, Mariia Butina, and Prevezon Alexander. EDWARDS had access to each of the pertinent SARs and saved them – along with thousands of other files containing sensitive government information – to a flash drive provided to her by FinCEN. She transmitted the SARs to Reporter-1 by means that included taking photographs of them and texting the photographs to Reporter-1 over an encrypted application. In addition to disseminating SARs to Reporter-1, EDWARDS sent Reporter-1 internal FinCEN emails appearing to relate to SARs or other information protected by the BSA, and FinCEN nonpublic memoranda, including Investigative Memos and Intelligence Assessments published by the FinCEN Intelligence Division, which contained confidential personal, business, and/or security threat assessments. At the time of EDWARDS’s arrest, she was in possession of a flash drive appearing to be the flash drive on which she saved the unlawfully disclosed SARs, and a cellphone containing numerous communications over an encrypted application in which she transmitted SARs and other sensitive government information to Reporter-1." We'll have more on this.

Thursday, January 9, 2020

Wells Fargo Demands Website Be Shut Down In Filing With Federal Court After Its Bailout


By Matthew Russell Lee, PatreonBBC - Guardian UK - Honduras - CJR - PFT
UN GATE / SDNY COURT, Jan 9 –   Wells Fargo, one of the less than a handful of banks which dominate the industry in the United States, is asking a federal court to shut down a website. More on Patreon here.  
  Wells Fargo's motion, filed on January 8, complains that "Defendants have re-posted the very website that defames and threatens Wells Fargo and its employees, agents, attorneys, and vendors involved in this litigation. See Exhibit A, http://www.wwshrimp.com, Website Screen Shots captured 1/7/20. Defendants should now be immediately ordered to take down the Website and should be permanently enjoined from re-posting any of its content again in any public forum."
    While describing a bank or its lawyers as prostitutes is not nice - and may as to the bank reverse the analysis - Inner City Press finds it highly problematic that a mega-bank, particularly one so recently bailed out by the public, should be trying to shut down a website.

We will continue to follow this case, and many others, with a particular line of stories about misdeeds by banks. Watch - and feel free to contact - site. More on Patreon here.  

Wednesday, January 8, 2020

Exclusive: Virgil Griffith Now Indicted For NK Crypto Assigned To SDNY Judge Castel SDNY Stonewall


By Matthew Russell Lee, Exclusive Patreon

SDNY COURTHOUSE, Jan 8 – Virgil Griffith who was arrested on Thanksgiving on federal charges of illegally traveling to North Korea and provide crypto currency advice and was denied bail on December 26 was on appeal on December 30 ordered released on bail. Inner City Press' live-tweeted thread here and new Patreon here.
  Now on January 8 Inner City Press has learned that Griffith has been formally indicted for "conspiracy to violate the International Emergency Economic Powers Act," here. His case has been assigned to SDNY Judge P. Kevin Castel, as 20-cr-15: the fifteenth criminal case of the year in the U.S. District Court for the Southern District of New York.
  This information was NOT obtained from the US Attorney's Office which Inner City Press has repeatedly asked in writing to disclose whether they in fact released Griffith on the bail granted by Judge Broderick and reported exclusively by Inner City Press. More on Patreon here.
  But Inner City Press on January 6 exclusively attended and covered another crypto-currency case in the chambers of Judge Castel, SEC v. Telegram (about its proposed blockchain Grams).  We'll have more on this. More on Patreon here.
  But now on January 2, Inner City Press is informed by the US Attorney's press office that Griffith has still not been released: "He has not satisfied his bail conditions yet.  Still awaiting the approval of his co-signers and the posting of properties as collateral." More on Patreon here.
  This as belatedly Judge Broderick's order has gone online, signed only on January 2, including that " for the reasons stated on the record on December 30, the Defendant’s appeal is GRANTED. I set forth below the entirety of Defendant’s bail conditions: 1. A $1 million personal recognizance bond, secured by (1) the residence of the Defendant’s parents, Dr. Robert Griffith and Dr. Susan Griffith, located at [ ] Northport, AL 35473; and (2) the residence of Defendant’s sister, Joy Lewis, located at [ ] Columbia, MD 21046. Dr. Robert Griffith, Dr. Susan Griffith, and Joy Lewis are to assist the Government in obtaining documents it deems necessary to make these properties security for the bond. The bond shall not be considered secured until such time as the property has been assessed by the Government and has been made security for the bond. Defendant shall not be released until the conditions set forth in the paragraph are met; 2. Strict Pretrial Supervision; 3. Home detention with electronic and GPS monitoring at Defendants’ parents’ residence, located at [ ] Northport, AL 35473 (“the Residence”); 4. Home assessment of the Residence. Defendant shall not be released until the conditions set forth in the paragraph are met; 5. Defense counsel and the Government are to meet and confer about securing the cryptocurrency hard drives located at the Defendant’s apartment in Singapore, subject to the laws of Singapore. Defendant is to ensure that all individuals who have access to his apartment in Singapore are aware that these drives are not to be accessed, touched, or tampered with in any way until they are secured based upon the agreement between defense counsel and the Government. 6. Defendant is to participate in mental health treatment and evaluation as directed by Pretrial Services; 7. Defendant is to participate in drug treatment and testing as directed by Pretrial Services; 8. Defendant’s travel is restricted to the Northern District of Alabama, the Southern District of New York (“SDNY”), and the Eastern District of New York (“EDNY” and together with SDNY, the “New York Districts”). Further, Defendant shall only be permitted to travel to the New York Districts to (a) appear at the Thurgood Marshall United States Courthouse at 40 Centre Street, New York, New York and the Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street, New York, New York for court appearances or as directed by his Pretrial Services Officer; or (b) meet with his counsel, Brian Klein, of Baker Marquart LLP and/or Sean Buckley of Kobre & Kim, and/or any other representatives of the aforementioned firms.. Defendant shall provide notice to and obtain approval from Pretrial Services for all such travel. To the extent Government deems it necessary, in connection with all visits to and from the New York Districts, Defendant shall be accompanied to the airport by an agent of the Federal Bureau of Investigation or other investigative agency designated by the Government, who shall ensure that he boards his flight; 9. Within the Northern District of Alabama, Defendant shall be permitted to leave the Residence for all purposes ordinarily permitted for a person in home detention, as well as to obtain state- or municipality-issued identification documents. Defendant shall provide notice to and obtain approval from Pretrial Services for all such departures from the Residence; 10. Defendant is to surrender all of his travel documents to Pretrial Services, including his Passport ID Card. Upon release, and in accordance with Condition No. 9, Defendant is to commence efforts to obtain a state- or municipality-issued identification card that will enable him to travel by air. Until Defendant obtains an alternate form of identification, Pretrial Services will facilitate his travel to the New York Districts for the purposes authorized in Condition No. 8 by providing Defendant with his Passport ID Card no more Case 1:19-mj-10987-UA Document 8 Filed 01/02/20 Page 4 of 6 5 than one day prior to his flight, which he will surrender to Pretrial Services upon his initial arrival in the SDNY, and retrieve his Passport ID Card from Pretrial Services for his trip back to Alabama. Defendant shall within a day of returning to the Northern District of Alabama return his Passport ID Card to Pretrial Services in the Northern District of Alabama. 11. Defendant is not to relocate from the Residence without prior approval of Pretrial Services; 12. Defendant shall not possess or use any smartphone or any cellular telephone with internet access capability; 13. Defendant will be allowed to have a computer in the Residence, which will be loaded with a monitoring software. Defendant is not to use any computer or other internet-capable device that does not contain such software; 14. Defendant’s internet activity will be limited to communicating with his counsel by e-mail. Defendant is not to access the internet for any other purposes, and is specifically prohibited from accessing any of his cryptocurrency accounts and from accessing the darkweb; 15. Defendant is not to communicate with or contact any of the witnesses and victims set forth in a list to be provided by the Government."
 Still on January 2 at noon, the US Attorney's filings citing SpankChain and the Dark Web were not online.  This is UNacceptable. We'll have more on this. More on Patreon here.
  The bail appeal hearing began just after 11 am before Judge Broderick. Griffith's main lawyer Brian E. Klein of Baker Marquart LLP was present at the defense table. In the gallery along with Inner City Press was Virgil Griffith's father, who said he had been reading Inner City Press' tweets.
  Despite the US Attorney's Office, which sent ever more senior Assistants into the courtroom as the proceeding went on, hammering away about the Dark Web and crypto currency wallets in Virgil Griffith's apartment in Singapore, as well as his alleged mulling of buying a St. Kitts passport, Judge Broderick ordered him released.
  The conditions include a $1 million bond secured by the homes of his father and sister. He will be allowed to e-mail with his lawyers, and even to use his passport card for travel, pending getting an Alabama state ID.
  At the proceeding's conclusion Inner City Press asked the Assistant US Attorney if his Office could appeal Judge Broderick's decision and, after a pause as long as it took for the elevator doors to close, he said yes, it could be appealed.
  As Inner City Press has complained, the case until now has remained sealed. That should be ending - watch this site. Here's from Inner City Press' exclusive (live) reporting thread, and Patreon here.
After bond signed and house revisited, Virgil Griffith will be released. His father tells Inner City Press he's been reading its tweets.
   We've asked the Griffiths and their lawyer to provide any updates, and have been in questions to the US Attorney's Office. Watch this site.
And Patreon here.
The US Attorney's Office cited his text messages to his parents about renouncing his U.S. citizenship and setting up a money laundering business in North Korea.
  In the Magistrates Court of the U.S. District Court for the Southern District of New York his parents were present, along with Inner City Press as the only media. They were there since the morning, and watched the other cases Inner City Press reported on.
  Assistant US Attorney Kimberly Ravener told SDNY Magistrate Judge Barbara Moses that Griffith had misled Pre-Trial Services about his residence in Puerto Rico; his laywer Mr. Buckley first said Griffith owned it, then that he rented.
  Judge Moses asked why he has a residence in Puerto Rico. Buckley said Puerto Rico is a developing area in the crypto space.

  Griffith's request to be released was first stayed by SDNY District Judge Denise Cote, operating a "Part I" judge at the time. Buckley at the conclusion near 5 pm of the bail denial hearing on December 26 said he and a colleague flying in might seek to appeal. Inner City Press will continue to cover this case, as it covered the OneCoin trial. Here is its live-tweet threat of December 26, more on Patreon here...

Marc Demane Names Names Day After Bryan Cohen Pled Guilty In SDNY Insider Trading Trial


By Matthew Russell Lee, Exclusive Patreon
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, Jan 8 – Bryan Cohen, a Goldman Sachs banker charged with insider trading with the same cooperating witness as Telemaque Lavidas now on trial, on January 7 pled guilty to conspiracy to commit securities fraud, based on information from cooperator Marc Demane Debih. Inner City Press had it first.
  On January 8, Demane testified and was cross examined, including on his plea agreement to get out from under a possible 750 year sentence. He admitted to burner phones and to working with jouranlists to pump up stocks, specifically naming Bloomberg and a reporter in Canada (on information and belief, at the Toronto Star). The US Attorney's office wrote to the Serbian embassy for him, it emerged Here's more of how it went, from Inner City Press' live-tweet thread:
Lavidas' lawyer: You only met Mr. Lavidas once, in 2011, correct? Demane: Correct. Q: And you never spoke with him about insider trading? Demane: No. Q: No you did not speak, or no, you spoke? Demane: I did not speak.
 Q: You spoke about the sale of generic drugs to the Nigerian government, I mean the Algerian government, do you not? Demane: I did. Q: And this highlighted portion asks, Let me know if you have any interest? Demane: It does.
 Q: You wrote in March, "Do you have any interest, Telemaque?" and he wrote back "We don't have any interest, it's too late," correct? Demane: Correct. Q: You were extradited from Syria, I mean Serbia, on May 9, 2019, correct? Demane: Correct.
 Q: On the flight, you told the agents that the number of people involved in insider trading was huge, including reporters & traders, correct? Demane: Yes. Q: And you have met with prosecutors and FBI agents at least 19 times to get a more lenient sentence? A: Yes.
Q: You said you made $70 million, correct? Demane: Yes
 Q: So the US Attorney's Office wrote a letter to the Serbian embassy on December 30, 2019, is that correct? Demane: Yes sir. Q: The indictment against you has 38 counts and you pled guilty to all of them? Demane: Yes sir.
 Q: Let me ask you about the journalists to whom you leaked information, after you'd taken a position in it - and you would make money, correct? Demane: Yes.
Q: There were journalists in Bloomberg you leaked information to, correct? Demane: Correct.
 Q: So you would pay your sources in cash, correct? Demane: Yes sir. Q: You would have them generate a false invoice? Demane: Yes.
Demase: I was a Lebanese resident and they were Israeli, and there is no contact-- Q: So it had 2 purposes, to permit money transfer between Israel & Lebanon. Demase: Correct. Q: You hired Tarek to pick up money for you? Demase: It was Court Consulting that did it
Q: I'm going to ask you some questions about your use of burner phones. You always asked your sources to use them?  Demase: Yes. Q: And with George Nikas? Demase: We used Viber.
 Q: So when you met sources, you turned off your cell phone so you couldn't be tracked by cell site information? Demase: Not all the time, but yes. Q: You had a safe in your house with cash? Demase: Yes I was keeping some cash in the house.
 Redirect -- AUSA: Was the information you got about Ariad, was it unique? Demane: It was a different kind of source. AUSA: You were asked about your cooperation agreement... Does the outcome of this trial impact your agreement? Demane: No it doesn't. 
Q: You agreed to forfeit $48 million.. who decided? Demane: The judge. AUSA: Are you afraid for your children? Demane: Yes. Because I'm testifying. AUSA: How much jail time do you face? Demane: 750 years [!]
 And with that, Demane is led back into the cell block. The government offers into evidence exhibits mentioned during his testimony. 
But will US Attorney's office make exhibits publicly available, through Press? Or withhold as on #OneCoin? FOIA has been filed...  And Lavidas and Demane exhibits requested, including letter to Serbian Embassy...
  As to Bryan Cohen, the US Attorney's Office did not publicize the proceeding or its 30 to 37 month plea deal, but Inner City Press was in the U.S. District Court for the Southern District of New York Magistrates Court as the only media, and spoke afterward with Cohen's defense lawyer Benjamin Brafman. More on Patreon here.
  Brafman told Inner City Press the connection to the Lavidas trial is the same cooperating witness. More formally, he said that "To his credit, Mr. Cohen has accepted responsibility for his conduct and will thereby avoid a trial. We are hopeful that at sentencing we will be able to pursuade Judge Pauley that despite his criminal conduct Mr. Cohen is a fundamentally decent young man who should be sentenced in a relatively lenient fashion."
  In the proceeding, Magistrate Judge Debra Freeman accepted a consent order of forfeiture for $260,000. The sentencing will be before Judge William H. Pauley III on April 3 at noon. The case is US v. Cohen, 19-cr-741 (Pauley).
  On January 6, the trial of Telemaque Lavidas began before Judge Denise Cote. Assistant US Attorney Daniel Tracer in a short opening statement described it as an open and cut case, which will include cooperating witness Marc Demane.
  Lavidas' lawyer John Streeter told that jury Demane is simply trying to reduce his sentence and has no first hand information. Here's some of how it went, live-tweeted here.
 Hours after the opening statements, the US Attorney office asked Judge Cote to ban discussion of how it conducted its investigation: "Based on the contents of defense counsel’s opening statement, the Government respectfully requests a ruling in limine precluding the defense from introducing evidence about investigative techniques that the Government employed during the course of the investigation. As set forth below, such evidence improperly suggests that the jury shift its attention from the charges against the defendant to the conduct of the investigation, and is irrelevant and misleading. 1. Background In opening statements, defense counsel on two separate occasions engaged in a recitation of the Government’s investigation and the various investigative steps that have been taken with respect both to this defendant and other individuals. For example, defense counsel said: The third thing is that you are going to learn that the government gathered millions and millions of e-mails and text messages and electronic devices, phones and computers and all kinds of evidence from this huge network of people who were engaging in insider trading – from Demane, from Nikas, from their whole network. And you are also going to learn that they gathered e-mails, and phones, and computers and all kinds of other evidence from Mr. Lavidas. (Tr. 32). Later in his opening, defense counsel returned to the same topic: The third thing that I mentioned is that the government has been investigating this case for years. They have collected millions of e-mails and text messages. And they have collected Mr. Lavidas’s phones, his iPad, his computer, his documents. They have collected a long list of phones, computers, disc drives from Mr. Nikas. They collected a long list of those same things from Mr. Demane. And they collected those same things secretly, for years, from Google and other companies where their e-mail accounts were.... The Government respectfully requests that the Court preclude the defendant from introducing evidence about investigative techniques that the Government employed during the course of the investigation."

  The US Attorney doesn't want the jury to hear about this. And the public? Inner City Press will continue to cover this case.

Saturday, December 28, 2019

UN Rights Official Andrew Gilmour Tiptoes Around Uighurs After Complicit in Guterres Censorship


By Matthew Russell Lee, PatreonBBC - Guardian UK - Honduras - CJR - PFT

UN GATE / SDNY COURT, Dec 28 –   Even when leaving the UN and retiring, its supposed human rights officials hold their tongues about the abuses by China, from Xinjiang to Hong Kong to Tibet.
  The most recent example is Andrew Gilmour, who as UN Human Rights representative in New York did nothing when UNSG Antonio Guterres had Inner City Press roughed up and banned from entering to ask questions, now 543 days.   
  Gilmour told Inner City Press, out on the sidewalk in front of the UN, that he was sorry for what had happened - as if he had no power to do anything about it, and was not in fact complicit.
    If a "senior human rights officials of the UN," as AP calls him, cannot do anything about violent censorship by the UN inside its own headquarters in New York, what good is he?     He is only a quote-box, and not even that.
  From AP: "'I never thought that we would start hearing the terms "concentration camps" again,'' Gilmour told The Associated Press in an exclusive interview. 'And yet, in two countries of the world there's a real question.''  He didn't name them but appeared to be referring to China's internment camps in western Xinjiang province, where an estimated 1 million members of the country's predominantly Muslim Uighur minority are being held; and detention centers on the United States' southern border, where mostly Central American migrants are being held while waiting to apply for asylum."
       So while banned Inner City Press' human rights questions remain UNanswered, Gilmour gave an "exclusive" interview in which he coyly referred to concentration camps, letting China off the hook and allowing a dubious equivalence. And people still rightly deride the US for dancing around the "G word" with regard to Rwanda in 1994.

    The UN's outgoing human rights official, complicit in Guterres' censorship for himself and China, can't even say the word Uighur. We'll have more on this, and on the others still in the pay of Guterres -- with the public's money -- and still inactive and complicit.