OK - now @SDNYLIVE the sentencing for money laundering of Zalmund Zirkind. He had asked to have the whole proceeding sealed; still, many of the sentencing submissions are redacted. Inner City Press has covered innercitypress.com/sdny23acotebom… and will live tweet - thread
Judge Cote: There is agreement that the sentencing guideline starts at 135 months. Probation recommends 60 months. The defendant wants probation, citing devotion to his family and friends. And other efforts he had made since his arrest... His brother got 4 years
AUSA: He watched his brother mount an unsuccessful defense, but continued to engage in the conduct. It shows his risk appetite. It is proof that imprisonment is necessary.
AUSA: His prior withdrawal last a few months, then he got back into entering people contracts to move money. I think he would do it again, absent specific deterrence. Also, I don't know the ins and outs of supervised release in Canada.
Judge Cote: I want to make sure the defense is aware of the whisper phones, so you can confer while still socially distanced.
Johanna Zapp: But for COVID, this courtroom would be full. But we understand.
Zapp: His motivation for committing these crimes, $85,000 over 2 years, was to take care of his daughter, who is autistic. The care is expensive. He felt he had no other option.
Judge Cote: That's not an acceptable reason.
Zapp: Your Honor, I'm a tough cookie. I spoke to him about it. The child has regressed, the school says she is too disruptive.
Zirkind himself: God has blessed me and my wife with children. By trying to make money I thought we need, I made things worse. I was wrong.
Judge Cote: I'm not able to grant the defendant's request how to structure a sentence. The question is the length of the sentence. The defendant's family is suffering, and has been for years. I have defendants who come before me from a variety of backgrounds...
Judge Cote: I'm going to impose on Mr. Zirkind a sentence of 84 months in prison, then 3 years supervised release.
Judge Cote: I order forfeiture in the amount of $87,000. I enter this sentence. I know of no grounds for appeal, given the plea agreement. But you have that right. Surrender date is February 26.
Lawyer requests Otisville. Judge Cote says, By region. Northeast.
Lawyer asks if Zirkind can travel to Montreal for 2 weeks.
Judge Cote: See if you can agree with the government. Normally I would not allow a defendant to leave the US.
Lawyer: We've asked the government, without success.
Judge Cote: I am denying it.
Story soon

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More from @innercitypress

15 Jan
OK - now Inner City Press will live tweet John Earle Sullivan's court hearing in Federal Court in Utah on DDC arrest warrant for Jan 6 - we've covered Cleve Meredith, Florea, Leffingwell, now Sullivan thread below; #insurrectionBlues soundcloud.com/innercitypress…
Magistrate Judge Daphne A. Oberg is presiding.
Sullivan appears by Zoom from holding cell in Utah jail. He has two retained (paid) lawyers. There are 2 AUSAs - from Utah and DDC.
"We are here on a Rule 5 proceeding."
Judge: "You have been charged by Complaint in Washington DC. You have a right to a lawyer."
He has Mary Corporan, who says she's only for Utah proceeding at this point. Also, Jonathan Nish.
Read 36 tweets
15 Jan
OK - now Columbia U "dirty doc" Hadden has a proceeding @sdnylive to see if he gets a free / publicly funded lawyers. Inner City Press has been covering the case innercitypress.com/sdny11straussh… and will live tweet - thread Image
Lawyer Isabelle Kirshner: We represented Mr. Hadden in the state case, there were five or so victims. If he had the fee we would have sought, we would have represented him. Two lawyers, a paralegal and an associate. There could be motion practice.
Magistrate Judge Ona T. Wang: What might a partial appointment look like?
AUSA Jessica Lonergan: He have not seen the detailed financial information.
[Apparently, Hadden was allowed to speak with three Criminal Justice Act lawyers and choose - hmm...]
Read 7 tweets
14 Jan
OK - now detention hearing of Cleveland Grover Meredith in DDC for Jan 6 - and DC cites a Jan 7 assault. Inner City Press 1st reported the case Jan 8 & yesterday innercitypress.com/ddc4ameredithi… & will live tweet - thread. Song: #insurrectionBlues soundcloud.com/innercitypress…
Judge Harvey: This is a threshold issue.
AUSA: Interstate threats can constitute a crime of violence.
Meredith's defense lawyer: The three cases they cite are inapposite. The 2013 case is no longer applicable after Supreme Court decisions in 2019.
Judge Harvey: Let me address the threshold issue. I'll skip to the conclusion. I'm going to rule for the government. But I'd like to make a record.
Read 32 tweets
14 Jan
OK - now in EDNY sentencing of Azizjon Rakhmatov, who pleaded guilty to conspiring to provide material support to ISIS - from Connecticut, he funded trip to #Syria. Now Judge William F. Kuntz presiding. Inner City Press will live tweet - thread
Judge Kuntz: Mr. Rakhmatov, are you ready to go forward today?
Rakhmatov: Yes.
Judge Kuntz: There is a statutory maximum of 15 years, no minimum, do you understand?
Rakhmatov: Yes.
Judge Kuntz: There is offense level of 37. The defendant does not agree - says disregard Guideline sections, argues they are unconstitutional. Wants offense level of 26.

[Inner City Press: expect an appeal on this, depending on what sentence is imposed.]
Read 13 tweets
13 Jan
Now in #EDNY court, Eduard Florea is charged with having 1000 rounds of rifle ammo, 2000 shotgun rounds, 75 military knives, 2 hatchets and 2... swords. AUSA says he used Parler account about Jan 6. Inner City Press will live tweet - thread ImageImage
AUSA is quoting Florea's comments / threats about Senator elect Warnock. "The time for peace and stability is over. Three cars of armed patriots on way from NY to DC."
AUSA: He applied to join the Proud Boys. He had not attended the requisite number of meetings. But he went and vandalized a church in DC in December.
EDNY Magistrate Judge Sanket Bulsara: When was that?
AUSA: December 12.
Read 17 tweets
13 Jan
OK - at 2 pm, detention hearing of Will Pepe for Jan 6, @sdnylive Inner City Press reported DC cases last week innercitypress.com/ddc4meredithic… and will live tweet this - thread. Song: #insurrectionBlues soundcloud.com/innercitypress…
Presiding is SDNY Magistrate Judge Judith C. McCarthy. "Mister Pepe, can you hear and see me?"
Yes.
AUSA: This is a 5(c)(3) proceeding on a DDC complaint. Mr. Pepe has been arrested.
Judge: Any ID hearing?
Defense lawyer: No, he'll waive it.
Judge: This is not a trial, Mr. Pepe. This is an initial proceeding, on the arrest warrant signed on January 11.

William Joseph Pepe is 31 years old. Some college. No alcohol in the last 24 hours.
Read 10 tweets

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