OK - and the beat goes on: now a request for release from pre-trial detention by Alec Dupuis aka "nycgas" arrested for selling MDMA and alprazolam, "resulting in the death of Peter Krasniqi on Aug 11, 2020." His father has money from a whistleblower complaint 1/x
Judge Rakoff: If Mr. Dupuis were to violate, they'd go after his parents home. So I'm not sure what the paralegal brings to the table. What about his history with drug use?
Defense lawyer: To be frank, I have not had much of an opportunity to discuss it with him
Turns out Dupuis was moving out of his condo on West 56th Street when the authorities came with a search warrant. He turned off his phone and was prepared to fly on Dec 17 to the UK, of which he is a dual citizen. But police found out, & his mother hired a lawyer
The plot thickens, with mentions of magic mushrooms and a trip to Brasilia, return 7 days later from Panama. Judge Rakoff asking many questions.
Assistant US Attorney: "I am not suggesting that Chapter 7 bankruptcy is like committing a crime. Here, the defendant's parents are separated. The father lives in Texas in a $530,000 home with a $400,000 mortgage on it. So, less than the offered bond
AUSA: We have an extradition treaty with the UK. But it has to be for a crime on the books in both countries. Here, he was involved with scienter in the death of another. It is possible we could not get him extradited.
Retained defense counsel (same one who represents Jordan Dillon, another case Inner City Press is covering innercitypress.com/cacd1sdnydillo…) says the parents ran into financial difficulties but are appropriate suretors here.
Judge Rakoff: In other cases I've called the Warden of the MDC and gotten counsel access to their clients there. Now there's every indication that the Omicron variant is significantly losing its force, particularly in the NY area.
Judge Rakoff: I've heard enough to make my ruling.
Defense counsel: Now there's a nationwide BOP lockdown, even to legal calls.
Judge Rakoff: In some respects this is a close call. I have a background as a criminal defense lawyer. The Chapter 7 gives me pause
Judge Rakoff: The extradition issue is serious. The huge penalties we have make foreign courts eager to avoid extradition to our Land of Mass Incarceration.
Defense: Mr. Dupuis can execute a waiver of execution.
Judge Rakoff: I will reduce that as a consideration
Judge Rakoff: But there is a glaring problem. He told disguised drugs. It reflects an attitude to the law and of civilized behavior; he would be a danger. He cares so little that it led to the death of another. I deny the motion (for release). Story soon.
Dupuis puts his hand over his (red) hair, glances back at the gallerty. Now he is gone with the Marshals.
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All rise!
Judge Lewis J. Liman: I have consolidated the cases. I'd like to hear from the Lively parties first, then the Wayfarer / Baldoni parties. I'd like to hear the information I'll need to manage this case, discovery information required, and legal issues
Lively's lawyer from Willkie Farr firm: Our plan at Docket 49 is not longer feasible. Counsel for Wayfarer did not tell us they planned to file an amended complaint, including a 168 page compendium [full of text messages]. There is authority to deconsolidate cases
OK- now at case against crypto firm Binance, CZ, Syria and Iran by victIms of Oct 7 attack. The UN has been similarly sued here @SDNYLIVE but claims total immunity. Inner City Press will live tweet, thread below
Binance lawyer [from Cahill Gordon] We are accused of non-feasance, failures to prevent money laundering and to file SARS. Such cases are routinely dismissed-
Judge: Not recently.
Judge: Secondary liability for aiding and abetting is hard to dismiss.
Binance lawyer: Crypto is used by 100 million people. It is not inherently dangerous.
OK - now the Bob Menendez bribe-taking sentencing, after bribe-givers Fred Daibes got 8 years and Wael Hana 97 months. US wants 15 years on Gold Bar Bob. Inner City Press wrote the book amazon.com/Gold-Bar-Bob-M… & will live tweet, thread below x.com/innercitypress…
All rise!
Judge Stein: I have the sentencing memo and many letters in support of Senator Menendez. The Probation Department puts the sentencing guideline at 292 to 365 months; they recommend 144 months.
AUSA Paul Monteleoni: We have a correction to the Pre-Sentencing Report, as to the gold bar.
Judge Stein: I will insert that Nadine Menendez worked through a jeweler in New Jersey to sell some of the gold in New York. Other than that, I adopt the findings of fact.
OK - now at US v. Charlie Javice, indicted for selling FAFSA aid platform Frank to JPM Chase for $175 million claiming to have 4 million "hot lead" emails when it was more like 300,000- Inner City Press is working up a project / book, will live tweet, thread below
Judge Hellerstein: Let me start with the conflicts issue first. Those who are coming to be speaking don't need to wear a [COVID] mask.
Defense: I agree that I will not be the one cross examining their investigator. We oppose any other relief & are OK with a Curcio
AUSA: The law bars lawyers from being unsworn witnesses including in jury arguments.
Judge: He says he will stick to the facts.
AUSA: Potential witnesses-
Judge: Mr. Siegel not a witness. Let's just talk about closings.
Jose Baez: He will not open or close.
OK - now Senate hearing on the UN & @EliseStefanik - will ending UNSG @AntonioGuterres' censorship & ban of Press actually take place? Chair @SenatorRisch starts with "decay" of UN. Inner City Press knows & is banned from the UN and will live tweet, thread below
Ranking member of @SenateForeign @SenatorShaheen calls UN imperfect but argues for continued engagement or else China will just take it (more) over. Fine - but shouldn't even pro-UN @SFRCdems ensure UN @MelissaFleming doesn't ban US Press? pressfreedomtracker.us/all-incidents/…
@SenateForeign @SenatorShaheen @SFRCdems @MelissaFleming Now @SenatorRicketts asks how to combat China buying the UN. On personal knowledge, Inner City Press says start at the top: UNSG @AntonioGuterres hid his financial links to the SDNY-convicted bribery firm China Energy Fund Committee: innercitypress.com/unsgguterres2u…
OK - now at Rudy Giuliani final pre-trial conference, yesterday Judge Liman barred 2 of his witnesses, he filed appeal, Inner City Press wrote the book (From Prosecutor to Defendant in SDNY: amazon.com/dp/B0DS9MD7RR
and will live tweet, thread below x.com/innercitypress…
All rise!
Judge Liman: We are here for a final pre-trial conference. I order that the Yankee World Series rings continued to be held in intervenor's apartment.
[Rudy Giuliani has not come in person today, but it listed as witness at trial beginning Jan 16]
Giuliani's lawyer Cammarata: We filed an appeal last night to the bar on 2 witnesses-
Judge Liman: I'm prepared to hear a request for reconsidertion.
Cammarata: It seems they know they cannot win-
Judge: Don't repeat yourself. Anything new?