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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CRYPTO BROS TRIAL DAY 18: In Trial for Taking $25 Million from Ethereum Sandwich Bots, jury Day 3, note coming, after hypo - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…
11:15 am, Jury foreperson said there is a note for the judge. So far, none of the lawyers (or brothers) back in courtroom. But Inner City Press is on it - thread continues below
11:23 am -
Now all the lawyers, the brothers and father are in the courtroom. Waiting for Judge Clarke.
CRYPTO BROS TRIAL DAY 17: In Trial for Taking $25 Million from Ethereum Sandwich Bots, jury deliberations Day 2, after hypo - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…
10:04 am
The lawyers have assembled - Team Peraire-Bueno summoned from the SDNY courthouse cafeteria by message from Judge Clarke's chambers - now waiting for the judge
All rise!
Judge: The jury wants transcripts of Doctor Falk and more. Then, they say they realize they can't get it in writing. They ask that something be read back to them, "very slowly so we can take notes."
Defense lawyer Trefz: Let's see what Falk they want
CRYPTO BROS TRIAL DAY 16: In Trial for Taking $25 Million from Ethereum Sandwich Bots, jury deliberations begin - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…
Judge Clarke: You will begin your deliberations. If you have questions, they should be sent to me in writing. I have prepared a verdict form for you to use. Your foreperson will fill it out, all jurors must sign the form.
Judge: You took an oath to render a verdict without bias. From this point on, you are not to have your cell phones with you. Let's swear in the Court Security Officer
[Done]
CRYPTO BROS TRIAL DAY 15: In Trial for Taking $25 Million from Ethereum Sandwich Bots, today closing arguments all day - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…
Judge Clarke: Jurors, the defendants did not testify in this case. You may not consider this against them in your deliberations... It is sufficient if the prosecution proves that one or more material misrepresentations was made as part of a scheme to defraud
Judge Clarke: The Government must prove that the defendant joined the conspiracy knowing of its unlawful purpose
[Lengthy and largely boilerplate jury instruction continues- Inner City Press will be live tweeting Sam Bankman-Fried's appeal:
CRYPTO BROS TRIAL DAY 14: In Trial for Taking $25 Million from Ethereum Sandwich Bots, now defense case with summary witness on cross - interim book AMZN paperback Code Is Law (?) after trial; Inner City Press will live tweet, thread below play.google.com/store/books/de…
AUSA: Let's continue with the defendants' message with other people
Defense summary witness: What exhibit numbers?
AUSA: DX 1206, 1058 - the defense team picked them to be helpful, fair to say?
Defense summary witness: Fair to say.
AUSA: Did you see any messages between the defendants and Israeli law enforcement?
Defense: Objection!
AUSA: I'm just asking if he might have. Do you remember seeing any communications where the defendants say they are afraid of being robbed or kidnapped?
A: No
CRYPTO BROS TRIAL DAY 13: In Trial for Taking $25 Million from Ethereum Sandwich Bots, now defense case with Alix witness on stand- interim book AMZN paperback after trial; Inner City Press will live tweet, thread below play.google.com/store/books/de…
James Peraire-Bueno's lawyer Trefz: How do the slashing fees work - if the MEV is greater than the penalty, would a rational validator try to extract maximum value?
AUSA: Objection! Daubert.
Alix's Madura: That seems rational.
Trefz: Did the Omakase program use the MEV Boost software program at all?
Madura: No.
Judge: Jurors, you may take a break.
[Jurors leave]
Judge: Let me hear the Government opposition to the body-cam video the defense wants to show