Old National Bank Bid for CapStar Protested After 2021 Settlement 2022 Lending Disparities

by Matthew Russell Lee

SOUTH BRONX, Dec 27 – As US bank regulators talk about working to increase the fairness of the financial system, banks with striking histories of discrimination, even histories acknowledged by settlement, blithely apply for approval to buy other banks.   So it is with Old National, which settled lending discrimination charges in 2021, but remained disparate after that - and now seeks to buy CapStar Bank in Nashville.   

On December 27, Fair Finance Watch with Inner City Press on the FOIA filed comments with the Office of the Comptroller of the Currency:  "This is a timely first comment opposing and requesting an extension of the OCC's public comment period on the Applications by Old National to acquire CapStar.   As the OCC must know, Old National was the subject of fair lending discrimination charges and settled them in 2021. See, e.g., "Old National Bank preventing loan access to Black borrowers could be illegal, experts say"...    

 But still in 2022, Old National in Indiana based on its disparate marketing made 2609 mortgage loans to whites, with 791 denials to whites -- while making only 114 loans to African Americans, with fully 97 denials.  This is unacceptable.  In 2022 in Minnesota, based on its disparate marketing, Old National made 850 loans to whites, with 223 denial and only 9 loans to African American, with just as many denials to African Americans: nine. This is totally unacceptable.      

CapStar in Tennessee in 2022 made 1522 loans to whites with 125 denials, while making only 49 loans to African American, with ten denials. In North Carolina in 2022, CapStar made five loans to whites, and NONE to African Americans.    There is no public benefit to this proposal.    

 Fair Finance Watch and Inner City Press have been deeply concerned about the rush by the OCC's penchant to rubberstamp mergers by redliners. We timely request public hearings. The comment period should be extended; evidentiary hearings should be held; and on the current record, the application should not be approved

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Bronx Man Who Shot Gun In Air Three Times Is Again Deemed Incompetent So Order Prepped

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 27 – Timothy Glover is charged with firing a gun into the air, three separate times, in the Bronx in recent months.  

 On August 15, 2023 he was before U.S. District Court for the Southern District of New York Magistrate Judge Katharine H. Parker. Inner City Press was there, the only media in the SDNY Mag Court. 

 Glover's Federal Defender said he should be released on bond. But Glover laughed when asked if he felt OK. The Defender noted that a prior charge had been dropped due to incapacity.

  Judge Parker said Glover must be detained as a danger to the community.

Jump cut to December 27: Glover appeared before the assigned District Judge Naomi Reice Buchwald for a competency hearing. When asked to speak, Glover muttered and Judge Buchwald asked the Federal Defender to translate. "He said, 'I'm flesh and blood, that's why I translate Scripture,'" the Defender said.

  Glover was again deemed not competent. But what next?

 The case is now US v. Glover, 23-cr-438 (Buchwald / Parker) 

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Winston & Strawn Is Accused of Copying Rule 12 Motion by Smaller Firm

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 26 – A six-attorney law firm in Boston late on December 26 sued Winston & Strawn for stealing its brief - actually, a Rule 12 Motion which it says was protected by copyright law.  

The lawsuit, filed past 10 pm in the U.S. District Court for the Southern District of New York, was found minutes later in the dockets by Inner City Press, which closely covers SDNY - but will not be quoting the complaint, even though that would be fair use. 

 Hsuanyeh Law Group filed a Rule 12 motion on August 23, 2023 for Phison Electronics Corporation.  The motion, it was, was copyrighted as of August 30. 

 On August 24 Winston and Strawn filed Rule 12 motion that Hsuanyeh says was a"nearly verbatim" copy. Hsuanyeh cites a decision by SDNY Judge Jed S. Rakoff (in White v. West Pub. Corp. 12-cv-1340), and a 2016 CDCA decision. 

Winston & Strawn, in a letter annexed to the complaint, argued that "any suggestion that the act of filing the Motion constitutes publication is incorrect." Instead, it was a "public display" on PACER. Note we are quoting from Winston's letter...

 This case is Hsuanyeh Law Group PC v. Winston & Strawn LLP et al., 23-cv-11193 (Unassigned)

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Sen Menendez Wants Trial Delay Citing Speech & Debate Clause Now US Opposes Noting Error

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 26 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars from former Mariner's Bank executive Fred Daibes , Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and presumably his wife Nadine Arslanian. This scoop was true.

On September 26, with more and more Democratic Senators calling on Menendez to resign, his Egypt connection Wael Hana was arraigned. He was arrested at JFK Airport, flying in. Inner City Press live tweeted, thread.

On September 27, Menendez himself was arraigned and pleaded not guilty. He was released on $100,000 bond with restrictions on communications with (some) Senate staffers. His wife Nadine, the bond was $250,000.

More on Substack here.

On October 17, Wael Hana wrote in to ask that his GPS be removed as painful, emphasizing his wife's interview with the U.S. Consulate in Cairo and his voluntary return.

On October 18, Hana's bid to have GPS removed was denied. Inner City Press was there, thread

On October 23, in a (very) short proceeding, Menendez pleaded not guilty. Inner City Press live tweeted, thread here

On November 13, Judge Stein extended Hana's curfew to 9 pm, Inner City Press live tweeted

On December 20, Menendez' lawyers wrote in that they want the trial delayed at least two months to July 2024, and previewed that Menendez will be filing a partial motion to dismiss based on the Speech and Debate Clause "which may well result in an interlocutory appeal" - so, more delay. Full letter on Patreon here.

On December 26, the US Attorney's Office filed opposition to any delay, stating among other things that "As the defendants acknowledge in their letter of yesterday (Dkt. 110), the initial 735-terabyte figure they provided for the volume of discovery was erroneous... the defendants’ other assertions regarding the amount of time they allegedly need—such as their desire to take unspecified investigative steps, their plan to file a challenge to the sufficiency of the indictment, their desire to mount a constitutional challenge to a federal criminal statute, and their plan to file suppression motions—are not unique to this case and do not justify a multiple month adjournment." Full letter on Patreon here.

More on Substack here

  Watch this site

The case is US v. Menendez, et al., 23-cr-490 (Stein)

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On Gaza Guterres Hands Job to Sigrid Kaag Who Blocked Press on X UNanswered

by Matthew Russell Lee, Patreon Book Substack

UN GATE, Dec 26 –  Amid Gaza the UN Security Council's failure has exceeded two months (and much longer on Ukraine). On December 19, 20 and 21 votes were postponed until finally US Ambassador Linda Thomas-Greenfield, at a stakeout with the Press banned, said in its current form the US would support a resolution. Inner City Press video here

Now on December 26, a day on which the UN Spokesperson Stephane Dujarric against refused written Press questions, he's announced that "Guterres today announced the appointment of Ms. Sigrid Kaag of the Netherlands as Senior Humanitarian and Reconstruction Coordinator for Gaza."

Kaag, some readers may remember, blocked Inner City Press on Twitter now X; later as her supporters tried to get this unreported, she did and has done nothing as Guterres had Inner City Press roughed up and still banned. We will be reporting.

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In OneCoin Case Konstantin Gets Longer Curfew as Inner City Press Appeal Due March

By Matthew Russell Lee, Patreon Podcast Order

SDNY COURTHOUSE, Dec 26 -- 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

Now on December 22 Konstantin Ignatov's lawyer has written in to further loosen his conditions of release: "Re: USA v. Ignatov Dear Judge Ramos, The defendant in the above matter continues to participate in community service at the soup kitchen... He wants to work a shift from 10:00 AM to 6:00 PM. We request that Mr. Ignatov’s bail conditions be modified...."

Docketed on December 26, Judge Ramos granted Konstantin more freedom, endorsed letter on Patreon here.

Inner City Press had sought the unsealing of Greenwood's 33 sentencing letters but with him opposing (citing a Mafia case) and the US Attorney's Office inappropriately taking no position, it was denied. Judge Ramos' order is here.

On October 10, Inner City Press filed Notice of Appeal of the sealing of all of Greenwood's letters. On December 21, represented by pro bono counsel, the request to extend the time to brief this important court transparency appeal was extended, by Second Circuit Judge Jose A. Cabranes, to March 18, 2024, here.

Watch this site. More on Substack here

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SafeMoon Karony Was Jailed in Utah Bail Denied But Now Appears in MDC Brooklyn

by Matthew Russell Lee, Patreon Book Substack

EDNY COURTHOUSE, Dec 23 – 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...

Inner City Press will follow the case(s)

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US Criminal Justice System Is Broken Woman in SDNY on Texas Warrant tells Inner City Press

by Matthew Russell Lee, Patreon Book Substack

SDNY EXCLUSIVE, Dec 22 – Kelly Josek was brought in shackles into the U.S. District Court for the Southern District of New York on December 15, 2023.

  Inner City Press was there, the only media in the SDNY Mag Court. In the days since, Inner City Press has interviewed Ms. Josek, about her early life and legal troubles. It is a story of resilience, or persistence, one that does not make the system look good.

  She was born to a middle class family that fell apart, leaving her homeless at 15 and vulnerable to male predators, including one high in the legal profession (more on that later in this series).

  In jail in Rikers Island under the name Kelly Spinelli-Josek she was assaulted, leading to a $450,000 payment. But when this month, in detention in Queens after release from SDNY she asked not to be returned to Rikers, her appointed lawyer said they don't care about that in Queens.

 When she was released from Queens, she was picked up on an NYPD Brooklyn I-Card, only getting out of detention on December 22 - when she was due to self-surrender in New Jersey (and misleadingly there are arraignments there on Saturday - there are not).

 In the Texas case which triggered her first SDNY detention, her appointed lawyer said he couldn't or wouldn't help her. Only once she was transported there from SDNY - most likely slowly, and through the BOP facility in Oklahoma) would he speak to her. She admits she is a junkie. But this system is broken. Why for example was her drug treatment program cut off as soon as EDTX issued a warrant for her? We will have more on this.

For now more - on a law firm, a film director, and NYPD - on Substack here

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Woman Twice Bailed in SDNY on EDTX Warrant Released in Queens But iCard in Bklyn

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 22 – Kelly Josek was released on bond in April 2023 in the U.S. District Court for the Southern District of New York Magistrates court - where she reappeared on December 15, 2023. Inner City Press was there, the only media in the SDNY Mag Court.

   Magistrate Judge Ona T. Wang noted that she had been released on bond before. She had been in substance abuse treatment - but government payment was terminated when a warrant was issued by the Eastern District of Texas court.

   Judge Wang asked the Assistant US Attorney, who was asking this time for the detention of Josek, What sense does that make? Josek, the AUSA said, had been arrested by NYPD for grand larceny. 

  Her Federal Defender said she needed to get back to her four children. And she was released on bond, being led into the office to sign with her leg irons clanking. She was so thin the bones of her shoulder blades were visible.  

 Further research by Inner City Press find that she appears to have been jailed as Kelly Spinelli-Josek in New York in 2014 for a botched robbery, then abused in Rikers Island jail and awarded $450,000 for the abuse.

 Then this Eastern District of Texas case, initially sealed, for counterfeiting a passport.

On December 20, Josek's Federal Defender wrote to Judge Wang asking that she add a condition to pre-trial release that Josek surrender to the Bergen County (NJ) Justice Center for her case there. Josek was in state custody in Queens and did not (understandably) want to be transferred to Rikers to wait.

   Now this Christmas update: Judge Wang to her credit endorsed Josek's request. But once released in Queens, Josek was immediately picked up on a i-Card to Brooklyn. How was one to make to from being released in Brooklyn on Friday, and self-surrendering in New Jersey with the (false) promise of arraignments (and bail bonding) being offered there on Saturday, December 23? The state systems seem heartless in this holiday season. And there is more, much more, to this story. Watch this site.

The April SDNY case is US v. Josek, 23-mj-3210 (Wang)

The December SDNY case is US v. Josek, 23-mj-7565.

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For IcomTech Crypto Ponzi Carmona Pleads Guilty to 151 Months As Others Head to Trial

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 21 –  For a cryptocurrency Ponzi scheme called IcomTech, which held a promotional event in or near NYC's Times Square, David Carmona on December 21 pled guilty before U.S. District Court for the Southern District of New York Judge Jennifer L. Rochon. Inner City Press was there to cover it - and a related upcoming trial - thread:

Judge Rochon: How old are you?  Carmona: 40. 

Judge: What was your highest level of education?

 Carmona: Only primary, in Mexico. [Carmona has been in detention. There are 2 US Marshals behind him.] 

Judge: You are pleading guilty to Count 1, conspiracy to commit wire fraud? Carmona: Si.

Judge: Have you seen the Nov 30 Pimintel letter, with 151 to 188 month prison guideline?

Carmona: Si. 

Carmona: I was part of a plan to offer to double people's money with Bitcoin. It was called IcomTech. When it couldn't be done, we just kept the money 

Judge: What did you tell people you would do with their money?

Carmona: Bitcoin mining.  AUSA: They did a promotional event in or near Times Square. We have video.

Judge: I accept your guilty plea. 

There are co-defendants and there will be a trial - watch this site.

The case is US v. Carmona, et al., 22-cr-551 (Rochon)

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