OK - US v. #GhislaineMaxwell jury selection Day 2, afternoon, Judge Alison Nathan (said to be nominated for 2d Cir Court of Appeals) questioning prospective Juror 128. Inner City Press is covering innercitypress.com/sdnytrial20max…
and will live tweet, thread below
Judge Nathan: I'll begin trial on Nov 29 and we estimate six weeks. Can you serve?
Juror: There might be a problem with my job.
Judge Nathan: But you'd still get paid?
Juror: Yes.
Judge Nathan: So it's feasible. You answered that you heard about Ms. Maxwell?
Juror: That she was Epstein's assistant.
Judge Nathan: Could you still be fair?
Juror: Yes.
Next prospective juror also wants to talk Epstein: "He was in Florida, then he was here across the street [meaning the now-empty MCC, across from the SDNY courthouse], and that he died."
Judge Nathan: Could you be fair?
Juror: Yes.
Numbers game:
Now Judge Nathan says, On November 29 we'll start with the first four qualified prospective jurors, for your to exercise peremptory strikes on.
Maxwell's counsel: Starting with the lowest numbers?
Judge Nathan: Yes.
Maxwell's counsel suggested starting from the higher numbers.
Judge Nathan: Why, other than you prefer higher numbers?
Maxwell's lawyer asks if the assignment of numbers was randomized.
Judge Nathan said she thinks so.
Judge Nathan: The peremptories will eat into our trial time. But we'll do them then go straight into opening statements.
Parties ask for a change.
Judge Nathan: I never do it but I will... Going out with a bang.
Judge Nathan: The first 40 will go to 1 courtroom, next 20 to a 2d, for social distancing.
[With COVID still obviously a factor, why is there no public call-in line?!?]
Judge Nathan: I'll have staff, if anyone answers they've heard about the case on social media.
Now an argument is made to Judge Nathan against Juror 27, who spoke about Maxwell's condition of confinement. "This juror obviously knows that the defendant is incarcerated. We would challenge this juror for cause."
Another argument: Most of them, if they've read about the case, know she's incarcerated.
Judge Nathan: Largely because of the defense motions... I'm getting a note from the Jury Department, that numbers were assigned randomly. I will get confirmation.
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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