Saturday, January 27, 2024

Copyright Trial Against Richard Prince Was Pushed Back Now Judgment Against Prince


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 25 –  Artist Richard Prince was sued in 2016 by photographer Eric McNatt, for alleged copyright violation of the latter's photograph of musician Kim Gordon. 

 Now the case approaches a trial pushed back to mid-2024, amid ill health for Prince. On January 19, 2024, U.S. District Court for the Southern District of New York Judge Sidney H. Stein held a proceeding. Inner City Press was there, the only media in the courtroom.

 After a detailed discussion of what experts will be able to testify to, Judge Stein said it is important the Prince testify at the trial and therefore he will put it off until after US v. Menendez.

 Prince's lawyer Alex Spiro was responding on health when Judge Stein noted the Press in the back of the courtroom.

 They went into the robing room, with talk of a letter and even call later on January 19. As of 7 pm, nothing in the docket.

Until January 25, when judgment was entered: "FINAL JUDGMENT IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The Court has jurisdiction over the subject matter of this action and personal jurisdiction over the parties. 2. Judgment is entered in favor of Plaintiff and against Defendants for the claims asserted against them as set forth in the Complaint, and Defendants' defenses are dismissed with prejudice. 3. Defendants are enjoined from reproducing, modifying, preparing derivative works from, displaying, selling, offering to sell, or otherwise distributing the photograph Kim Gordon 1 (identified in paragraph 1 of the Complaint), the Instagram post and the work Portrait of Kim Gordon (identified in paragraphs 3, 22, and 25 of the Complaint), and the art book (identified in paragraphs 6 and 38 of the Complaint), including any copies of any of the foregoing. 4. Plaintiff is awarded damages in an amount equal to five times the sales price for Portrait of Kim Gordon (as set forth in BLUM 0001085), plus all costs incurred by Plaintiff, as agreed-upon by the parties. 5. Compliance with this judgment may be enforced by Plaintiff and his successors in interest or assigns, and the Court retains jurisdiction to enforce or supervise performance under this judgment. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/24/2024)."

It is McNatt v. Prince, et al., 16-cv-8896 (Stein)

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In OneCoin Case Mark Scott Gets 10 Years DOJ Wanted 17 as No Objection to Redactions


By Matthew Russell Lee, Patreon Podcast Order

SDNY COURTHOUSE, Jan 25 -- For scam crypto currency OneCoin, Sebastian Greenwood who co-founded the company with Ruja Ignatova was sentenced to 20 years in prison by U.S. District Court for the Southern District of New York Judge Edgardo Ramos on September 12, 2023. Inner City Press was there and live tweeted, thread here

On January 19 Mark Scott, convicted at trial,  submitted a heavily redacted sentencing submission, asking for "no more than five years of imprisonment." Inner City Press immediately wrote in seeking to unseal. Letter here. Later on January 19, the US Attorney's Office asked for 17 years.

On January 22, Judge Ramos' chambers told the parties to respond to Inner City Press' motion to unseal by January 24 at 3 pm.

Scott's lawyer to his credit unsealed some, but still sealed for example the names of Scott's supporters who were clients - one might say, you can't have it both says, supporting anonymously. But worse, DOJ wrote in and said it has no objection to this. Judge Ramos agreed. And see Q&A here.

On January 25, Mark Scott was sentenced to 10 years in prison - but will be asking for bail pending appeal. Thread here.

Watch this site. More on Substack here

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Mehdiyev and Amirov for Ak47 by Bklyn Home of Iran Dissident Have CIPA & Language Delay


By Matthew Russell Lee, Patreon Jan 27 vlog

SDNY COURTHOUSE, Jan 24 - A man from Azerbaijan was arrested with an AK-47 style assault rifle surveilling the Brooklyn home of an Iranian journalist, Inner City Press exclusively reported learned on July 29, 2022,

   In the U.S. District Court for the Southern District of New York past 5 pm that day, a detention or release proceeding was held by Magistrate Judge Sarah Cave on defendant Khalid Mehdiyev. He was heavy-set and in a black T-shirt, escorted in by two US Marshals. Inner City Press was the only media there.

On January 27, 2023, Mehdiyev's paymaster was presented, but not arraigned, again before Judge Cave. He was in a black t-shirt, repeating "Da" sullenly, detained on consent with a taxpayer-funded lawyer. He will next appear before Judge Colleen McMahon on January 31 at 4 pm. Inner City Press will stay on the cases, including of Polad Omarov, set to be extradited in from the Czech Republic. Vlog here

  On February 1, both Amirov and Mehdiyev were on court before District Judge Colleen McMahon. The prosecutor cited two terabytes of discovery, and possible CIPA motion practice.

 After Amirov pleaded not guilty, and his lawyer said he will work to get up to speed, the next date was set: May 2 at 2 pm.

On November 27, 2023, the case was pushed into 2024: "as to Khalid Mehdiyev, Rafat Amirov, Polad Omarov, Zialat Mamedov, Matter is adj to Jan 9, 2024 at 2 pm - time is excluded through Jan. 9, in the interest of justice, to facilitate the review of discovery, clearance process, and plea discussions."

On January 24, Inner City Press went to a proceeding in the case, with Rafat Amirov only. Two defendants are in Czechia and Georgia; Medhiyev was not there. Thread:

Judge: Why is this 2022 case moving so slowly? Asst US Attorney: Co-defendant Polad Omarov is in the Czech Republic and he's not going to be extradited any time soon. Zialat Mamedov is in Georgia, the country. Amirov is here, but CP on his phone...

 Amirov's lawyer: I applied for National Security clearance 8 months ago... My client needs an Azerbaijani interpreter. I speak with him in Spanish...

 Amirov's lawyer: We need another 60 days to negotiate about a resolution, and / or to make motions. My client has 2 pinched nerves in his neck Judge: OK, next is April 9, 4 pm. It's just a control date

The case is US v. Medhiyev, et al., 22-cr-438 (McMahon)

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UK Billionaire Joe Lewis Get No Jail No Appeal Deal While Free on Bond Then Covers Face


by Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Jan 24 –   British billionaire Joseph Lewis, owner of the Tottenham Football Club, Tavistock, jets and yacht, was indicted and released on bail on securities fraud charges on July 26, 2023. Inner City Press was there and live tweeted, thread here.

On August 28, the assigned District Judge issued this: "counsel for Defendants Patrick OConnor and Bryan Marty Waugh alerted the Court to benefactor payments that could give rise to potential conflicts of interest.  To that end, by September 6, 2023, counsel for Defendants OConnor and Waugh shall submit a joint letter further describing the payment arrangements at issue here  (Signed by Judge Jessica G. L. Clarke on 8/28/2023)."

On September 6 counsel to Marty Waugh wrote in to say that yes, Lewis' Tavistock is paying them - but they promise to exercise independent professional judgment...

On January 24, 2024 Lewis pled guilty - with a deal that he will only not appeal if he gets no jail time. While the calculated guidelines in the plea agreement say 18 to 24 months, Lewis can appeal even a day of jail. We hope to have more on this. Afterward he left the SDNY courthouse covering his face, with a guard blocking photos. Thread:

Judge: How old are you? Lewis: 86. Judge: Any mental illness? Lewis: No.  Judge: Do you know the consequences of pleading guilty? Lewis: Yes.

 Judge: You are charged with conspiracy to commit securities fraud in count 2, and substantive securities fraud in counts 7 and 10, do you understand? Lewis: Yes.

 Judge: The maximum penalties are 45 years in prison if consecutive. The is no parole in the federal system in this country. I can order restitution... You may be deported. The plea agreement has a sentencing guideline...

 Lewis' lawyer: He is only agreeing to not appeal if he receives no incarceration. Lewis: In 2019 I passed material non public information to 3 people to trade.

 Judge: Sentencing [no jail time in plea deal] set for March 28 at 3 pm, expedited at defendant's request

The case is US v. Lewis, et al., 23-cr-370 (Clarke)


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In Honduras Case JOH Uses Sealed Affidavit to Get Free Lawyer So Press Files to Unseal


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 23 – After the president of Honduras' brother Tony Hernandez was convicted of drug trafficking and sentenced to life plus thirty years, on April 21, 2022 the ex-president himself, Juan Orlando Hernandez, was extradited to the US.

[Espanol aqui]

On January 18, Inner City Press live tweeted the final pre-trial conference, thread.

On January 23, after lengthy ex parte sidebars, it was said JOH for the February 12 trial could get a second lawyer, at the US taxpayers' expense, by filing out a sworn affidavit claiming poverty. He did - and at 6 pm on January 23 Inner City Press filed with the Court a motion to unseal JOH's financial affidavit - as it requested, and got, for Tigre Bonilla. Letter on DocumentCloud here.

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At UN Former AP Ian Phillips Refuses Press Questions for a Week on Gaza & UN Censorship


by Matthew Russell Lee, Patreon Book Substack

UN GATE, Jan 23 – Does the UN corrupt everyone that goes to work for it?

Given the inflated salaries it pays its officials, the UN can collect and try to buttress its credibility with for example name-brand journalists. But what freedoms do they give up, and how low do they go?  

In 2023 the UN hired Ian Phillips, once the Associated Press' head of (get this) journalist safety. His LinkedIn profile, after moving to the UN, states that his "role includes advisory and policy work, with particular focus on press freedom."  

So Inner City Press, having been roughed up by UN Security and then banned from entering or getting even its written questions asked, last week wrote to Ian Phillips at the UN - and through his LinkedIn profile:

Hello Mr. Phillips. I am writing to you as a journalist who covers the UN, but for now cannot enter the building, nor get written questions answered.   These days I cover the SDNY Federal Courthouse...  I am asking you to look into this and ensure that the UN Media and Accreditation Unit fairly process, and rule on, my pending application for (re) accreditation.   Two separate law firms have written the UN pro bono on my behalf, without answer. I ask for you to get involved and resolve this, and allow Inner City Press and me back into the UN.  I am available to discuss this and answer any questions, by email, phone, DM or in person." 

   No answer at all. Is the money too good? Does journalist safety and free press only count when it is not the UN doing the roughing up, and the censoring?

In the past few days, we've sent our daily press questions to Mr. Phillips as well, since he's the head of the UN's "News and Media Division." Questions about Gaza and the Secretary General's finances. And no answers at all.  

 So again:  Does the UN corrupt everyone that goes to work for it? We will continue to report on this.

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After Fentanyl Death in Bronx Daycare Briefing on Overdose Enhancement as Paredes Detained


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 23 – Following the death of a one-year old baby by fentanyl, on September 19, 2023 the US Attorney for the Southern District of New York charged Grei Mendez and Carlisto Acevedo Brito.

On September 25, with no notice and Inner City Press initially the only person in the courtroom gallery, the third man was brought in: Renny Antonio Parra Paredes. Inner City Press live tweeted, thread:

 Judge Wang: You are charged with conspiracy to distribute narcotics. AUSA: We seek detention, and they consent. Defense lawyer: Most of his family is out of town. We consent.

On January 23, Paredes' lawyer argued, and lost, before the assigned District Judge Jed S. Rakoff: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument as to Felix Herrera Garcia, Grei Mendez, Carlisto Acevedo Brito, Renny Antonio Parra Paredes held on 1/23/2024. deft #3 Paredes and his counsel John Kaley preseent... The Government's response to defense's motion to strike the overdose enhancement is due 3/5/2024, defense's reply due 3/12/2024. The trial date is adjourned to 6/10/2024 and time is excluded in the interest of justice, pursuant to Section 3161 of Title 18. Deft Paredes bail application is denied as a risk of flight and danger to the community. All deft's continued remanded."

More on Substack here

The case is US v. Herrera Garcia et al., 23-cr-504 (Rakoff)

Watch this site.

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Sovcombank Brags of Account of UN System of Guterres As Dujarric Lies and Refuses Press Qs


by Matthew Russell Lee, Patreon Book Substack

UN GATE, Jan 22 – How corrupt is today's UN, under Antonio Guterres? Well, now the UN system has quietly opened a bank account in a Russian bank, while Guterres' spokesman Stephane Dujarric refuses Press questions about it. 

   Putin is Guterres' Papacito - and Sovcombank brags about it. 

  For months Guterres used his misnamed "good offices" to lobby to get Russian banks off the US sanctions list.

Now his UN system has opened a Russian bank account - but while refusing all of Inner City Press' written questions, Dujarric answered an in-person softball on January 22 with a dodge:

"that refers to something for a UN Environmental Programme (UNEP) facility. I will give you the contacts at UNEP. I have no information on it from here, but you should contact our colleagues at UNEP."

  But UNEP, like other parts of the dying UN system, has been ordered by Guterres not to answer Press questions. Today's UN is totally corrupt.

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As Cooperator Vellon Is Sentenced Defensed Wanted Press Ousted But Judge Rakoff Says No


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 22 – A man who absconded from the federal Residential Re-entry Center or halfway house in The Bronx then misspoke about it was set to be sentenced on January 24, 2024 by U.S. District Court for the Southern District of New York Judge Jed S. Rakoff.

Inner City Press went to cover it. The defense lawyer asked that the Press be excluded. Thread:

Just now a defense lawyer asked to exclude the Press from a (re) sentencing og a cooperator. Judge Rakoff said no, specifically praising Inner City Press "he covers this courthouse like no other") - so resentencing thread below/ this story. 

Defense lawyer turns to conditions at MDC Brooklyn jail.  Judge Rakoff says, beyond what Judge Furman wrote in US v Chavez, it's Congress' fault for paying federal BOP guards so little. Defense says MDC is "worse than Rikers"

Asst US Attorney: This case is about materially misleading statements. Judge Rakoff: After his lies were exposed,  he did stop. So he gets 2 points for acceptance of responsibility. AUSA: It still cost us resources, when he said the facility would not protect him  

AUSA: His 40 month sentence was imposed by [now Curcuit] Judge Sullivan, for violation of the Court's trust. Defendant: He did that in 2020. I apologize. I was nervous and wanted to get back to my family. I did 11 years in prison.   Defendant: My defense told me- [Lawyer touches his on shoulder, to stop] Judge Rakoff: If it's in your heart to speak, please do.

Vellon: I never had a job. Then I got one. We pooled our money, paid our bills. I was going through certain things, due to my past   Defendant: In prison I was assaulted while using the computer. I had third degree burns. They put me in the box, then to a halfway house. But then they said they didn't know nothing about it. 

Vellon: I don't need prison no more. You sentence me today, they're just going to put me back in the box. Judge: There are competing issues here. He did get a job. 

Judge Rakoff: Lying is serious. Escape is serious. I sentence you to less than they recommend: six months in prison, then three years of supervised release.

 Defense lawyer: I'll do a filing with recommendation of where his sentence could be served to avoid these problems.  

After the proceeding, Inner City Press found in the docket not only the traces of the cooperation, and redactions in both the Government's and defense's letter, but also a heartfelt letter from Vellon himself, including:

"being label a cooperator in prison is really dangerous, I been stab, cut on the face two time's, hit with a lock on my head. The last assault happened at f.c.i school [Schuylkill], i was using the email when a known blood gang member came from behind me and threw 212 degree water on the back of my neck, I was sent to the box... I had told staff why was I attack and the person who did it was sent by another gang member which is the cousin of the person I testified on back in 2013 in front of judge Sullivan... I made a bad choice and I panic, Honor."

  The case is US v. Vellon, 23-cr-605 (Rakoff)

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After Loss in Eaze Bank Fraud Trial Akhavan Protests $17 Million Forfeiture US Seeks


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 22 – Hamid Akhavan was sentenced to 30 months for his role in the Eazy marijuana delivery service bank fraud, in a trial Inner City Press covered and won unsealing of documents in.

  On January 22 Akhavan appeared before U.S. District Court for the Southern District of New York Judge Jed S. Rakoff. Inner City Press went to cover it. Thread:

OK - now at US v Hamid Akhavan, Inner City Press reported on and unsealed the trial, which beyond marijuana delivery service Eaze touched on OneCoin and Hargreaves

Judge Rakoff: This case is here on remand from the Seconf Circuit for resentencing. They said the banks had been exposed to liability, and that Mr Akhavan controlled $17 million... If I do impose the $17 million, what would the payment plan be? 

AUSA: We could explore alternate assets. Judge Rakoff: What if I order 5% of his gross monthly income?

Defense (Quinn Emanuel) We think $17 million is disproportionate. Judge Rakoff: 5% of zero is zero.

AUSA: $17 million is not unconstituonal here. And it's the defense that bears the burden. Akhavan was the leader of this fraud

Judge Rakoff: If there were victims here, I would be more sympathetic to the Government's position. He served 30 months in prison. AUSA: Financial penalties are important in these white collar cases. He pocketed $8.5 million   [Akhavan is whispering animatedly in the ear of 1 of his 2 lawyers]

AUSA: Congess has spoken in the bank fraud statute. Jydge Rakoff (smiling) Yes, banks must be protected.AUSA: We are not seeking to seize any business, only to enter a money judgment. He increased banks' compliance costs. Defense: Mr Akhavan never had these funds. It was an entirely digital world, taking marijuana into it. All he had was the stock options.

AUSA: The money went to Jaw13 - who was Akhavan, referred to as jawbreaker 13 on Telegram. He didn't invest 3 years and take nothing. Defense: This was about the merchant processing banks. Our client never received this money.

  Judge Rakoff: Are you claiming Mr Akhavan did this for ideological and not mercenary reasons? If so he should apply for a Mother Theresa award. But actually he lied to banks that the funds weren't from marijuana. Defense: He didn't intend to harm banks.

Defense: Mr Akhavan is now unbanked. Akhavan: I did this because a dying friend couldn't buy weed with a credit card. I didn't need this. I did not get money from this. The Government is lying. Dispensaries today are not being prosecuted, they take cards... 

Akhavan: I've lost my business, my wife, my kid. I've been living with my parents for the last year and a half. Judge Rakoff: The jury found you guilty. I urge you to look forward, and not hold a grudge - that's just punishing yourself.

 Judge Rakoff: I hope you don't dwell on the past, for your own happiness. I'm not going to rule right now, but in February, with the extra day

AUSA: It has to be in person 

 Inner City Press will continue to cover the case.

It is US v. Weigard, et al., 20-cr-188 (Rakoff)

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Bronx Immigration Lawyer Freed on Bond On Exploiting Violence Against Woman Act Charge


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 22 – On January 24 the SDNY US Attorney's Office announced charges against Bronx-based immigration attorney KOFI AMANKWAA and his son, KOFI AMANKWAA, JR., for carrying out a large-scale immigration fraud scheme exploiting the Violence Against Women Act.

   When the father was presented before U.S. District Court for the Southern District of New York Chief Magistrate Judge Sarah Netburn, Inner City Press was there, as were two or three of the defendant's family members in the gallery.

  The Assistant US Attorney agreed that he could be released on $250,000 bond, secured by his residence in New Jersey (the address was given but we are not publishing it), and no contact withou counsel present with clients or employees, except he can talk with his son.

 The case is US v. Amankwaa, et al., 24-mj-230 (Netburn)

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