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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OK - now US v Sean Combs sentencing starts. US wants 11 years, he wants time served; today he has a video & at least 4 lawyers to speak. Opposed "Mia," but she will speak. Inner City Press wrote the book and will live tweet, thread belowamazon.com/dp/B0DHP7YF19
As Combs' lawyer mill around, he has still not been brought out. A US Marshal brings out a big sheaf of papers and a red book, picks up the chair to search underneath. All clear.
9:56 am - Combs' lawyer Marc Agnifilo and Brian Steel are talking low next to the lectern. Alexandra Shapiro stands with Nicole Westmoreland. The prosecutors are seated at the front table, minus one: Maurene Comey
OK - now at sentencing of Michael Anderson in Yoga to the People case. AUSA says he was the "functional CFO" - asking for prison but less than 46 months. Inner City Press will live tweet, thread below
AUSA: He was the son of a CPA. He fabricated documents, a mortgage application.
Defense: He lives in the Northwest - Canada doesn't allow you in if you have even a drunk driving change. He had planned to travel to Japan. I think some encouragement is appropriate
Anderson: It's been a long road (pause). I'm sorry.
Judge: The guideline starts at 46 months. The defense requests probation. Probation recommends 30 months. The Government recommends below 46 to 57 months. Over 8 years he committed fraud
OK - Charlie Javice sentencing at SDNY. Inner City Press covered the trial and wrote the book Fintech Fraudster and will live tweet, thread below amazon.com/Fintech-Frauds…
All rise!
Judge Hellerstein: It's my duty Ms. Javice to sentence you today. Have you read the pre-sentencing report? You have not?
Javice: I have.
Judge: I'll deal with you counsel's objections first
Judge: The first objection is to paragraph 11.
Javice's lawyer: This is part of a group of objections-
Judge: I'm not dealing with groups, I'm dealing with specific objections.
Javice's lawyer: We object to the characterization. We'll be here for 2 weeks on each
OK - now US v. Sean Combs, hearing on motion for acquittal or new trial. Inner City Press covered the trial in books from indictment
to verdict and will live tweet this (& Oct 3), thread belowamazon.com/dp/B0DHP7YF19
11:04 am - Combs is still in the holding cell. At defense table: Alexandra Shapiro [now also representing an Alexander brother, Justin Baldino and Charlie Javice], Xavier Donaldson, Nicole Westmoreland, Brian Steel & Agnifilo. Prosecutors stone faces in front row
11:06 am -
Sean Combs is brought in - in MDC tan jail uniform. [Apparently the proposed order for button down shirt didn't get signed
OK - now Jane Doe v. Pamela Bondi in DC Circuit Court of Appeals, Inner City Press is covering a similar case in SDNY and will live tweet, thread here
DOJ lawyer: This Bureau of Prisons determination is not reviewable-
Q: But isn't it the determination of the President, in the Executive Order?
DOJ lawyer: The plaintiffs' position is not clear. The designations are in place
Q: There's someone not designated
Q: If they are saying there is nothing that could be done at a male facility that would remedy the Constitutional injury, doesn't that satisfy exhaustion?
DOJ lawyer: Booth says "some relief" - they seek to halt the transfers
OK - now at Lisa Cook v. Trump, seeking temporary restraining order against being removed from Federal Reserve Board for listing two residences as primary. Inner City Press covers the Fed (and courts) and will live tweet, thread below
[Programming note: the listed public access number for Cook v. Trump, after saying "Welcome to a Cisco meeting" & entering call ID - immediately hangs up. Or once said, "The meeting is over." They should have put audio on YouTube like DC Circuit. Will keep trying
[Finally got in]
Judge Cobb: Is it your position that Governor Cook is like an employee, with a property interest in the position, unlike an elected official? This is a unique position, it's not a Government employee--