OK - in @Eaze & #Wirecard trial, Day 6, still on the stand is cooperator Oliver Hargreaves, who on Monday named Wirecard, & yesterday named #OneCoin's Gilbert Armenta. Inner City Press has reporting, and will live tweet, thread below patreon.com/posts/48543661
Defense lawyer: You used the code, Medical services 8099, for marijuana?
Hargreaves: We thought it was elegant. A consultant proposed it.
Defense lawyer: In your second day as a cooperator, you told the US, It didn't work with Paynetics, correct?
Hargreaves: Yes.
Akhavan's lawyer: You told the agents, we tried to do marijuana delivery with Ray, right?
Hargreaves: Yes.
Akhavan's lawyer: And you didn't say, false, or misleading, or deceptive?
Hargreaves: No, sir.
Re-direct:
AUSA: Mr. Hargreaves, part of your cooperation with the government was to give full access to your phones and ProtonMail, correct?
Hargreaves: Yes.
AUSA: Let's put up Government Exhibit 3604. Do you remember this, one of the websites your team designed for the @Eaze scheme?
Hargreaves: A fictitious website. Ray and Ruben worked on it.
AUSA: These fraudulent business plans were sent to EUprocessing at ProtonMail dot com - that was Ruben [Weigand], correct?
Hargreaves. Yes.
Next witness in US v. Weigand / Eaze / Wirecard was long at Citibank, now at Bank of America, in "payments innovation." Not much time for questions - Judge Rakoff has another proceeding at 4 pm (which Inner City Press will also be covering.)
The BofA official says, "In the US, we do not do any kind of business with marijuana related businesses."
Gov't offers exhibits 2410, 2411.
Judge Rakoff: You may step down.
Judge Rakoff suggests to government they trim their case by a day. Then defense urges that an agent witness tomorrow be trimmed, as not having personal knowledge of the documents.
Judge Rakoff: If you're not contesting authenticity, the janitor would get them in
Interim update, morning of March 11:
Bank of America witness still on the stand, says BofA does not do marijuana business because illegal under Federal law. We'll have a bigger update on this @Eaze / #Wirecard case, by 8 pm if not before
In @Eaze / #Wirecard case, now questioning turns to Government Exhibit 2410, Bank of America's Enterprise Policy regarding Marijuana Related Businesses... #BofA
In @Eaze / #Wirecard trial, now a witness is being asked about Government Exhibits 3703, 3704, 3705, "in evidence." So when are we going to get access to these exhibits? We've asked - watch this feed.
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Cross:
Storm's Axel: You have a lot of respect for Roman Storm?
Gibbs: Yes.
Axel: What's the main difference between DNS and ENS?
Gibbs: Most devices resolve DNS names but not ENS names
[see e.g. matthewleeicp.eth 0x83374a5ab3411d95b77aCb657918bb6478894453
Storm's Axel: Did Last Mile Labs even pin Tornado Cash content?
Gibbs: I don't think so.
Axel: Who did you grant from?
Gibbs: GitCoin, Eth DAO and some others I don't remember.
Axel: And you never charged Mr. Storm?
Gibbs: Correct.
Axel: Nothing further
FBI forensic accountant Jocelyn Reyes runs through records of payroll and bonuses ($13,000 cited) now cross:
Storm's lawyer: Let's look at what you introduced as your summary, Ms. Reyes - this is all withdrawals for 2021, is that right?
FBI Reyes: Yes.
Storm's lawyer: Why doesn't this pie chart add up to 100%?
FBI Reyes: I would have to review my spreadsheet.
Storm's lawyer: So you don't know.
FBI Reyes: I have to review my spreadsheet.
Storm's lawyer: So you can't do it off the top of your head
Reyes: I cannot
Judge Liman: Mr. Gottlieb?
Lively's lawyer Gottlieb: Thanks for setting this on an emergency basis. Ms. Lively should only sit for on deposition, seven hours. At 10:30 am this morning your Honor granted motions to dismiss, for Wallace- now they offer us 3 options
Lively's lawyer Gottlieb: With Jed Wallace and Street Relations being dismissed without prejudice, they asked to attend ad participate at tomorrow's deposition. We want an order that tomorrow will be the only deposition, or that it be rescheduled.
Judge Failla: We will be liking to start the trial day on time. Mr. Rehn, you may proceed.
AUSA Rehn: Yesterday I was asking you about these wire transfers. Who else is on your bank account?
Ms. Lin: My husband. I also asked others to invest
AUSA Rehn: Was the last deposit in November 2021?
Ms. Lin: Yes.
AUSA Rehn: What happened a week after your last deposit?
Ms. Lin: He instructed me to make another trade - then everything went down to nil, to negative. Then in Feb 2022 the website disappeared
Judge Failla: The burden of proof never shifts to Mr. Storm - he is presumed innocent. First the government, and then Mr. Storm, will present their opening statements. As jurors, you must not talk to each other about this case until you deliberate at the end
Judge Failla: Mr. Mosley?
Assistant US Attorney Kevin Mosley: In the fall of 2021 a woman got scammed out of $250,000. Hackers broke into the computer of a company here in NYC. Then North Korea stole $600 million from a gaming company: all through Tornado Cash
OK - Now US v Truglia, sentenced to 18 months for stealing $20 million in crypto. Now for not paying restitution - he says couldn't open crypto wallet - he's up for resentencing. Inner City Press covers it and will live tweet, thread below innercitypress.com/sdny38jhellers…
Federal Defender: We need fact finding on the loss amount of $22 million-
Judge Hellerstein: Overruled. Take it to the Court of Appeals.
FD: It should be $8 million
Judge: Overruled
Federal Defender: We object to the guidelines calculation-
Judge: So you're finished with the facts in the Pre-Sentencing Report-
FD: You are not allowing a plenary resentencing
Judge: I adopt the factd in the amended PSR