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 at Liner Freedman v. Blake Lively, case about Lively's subpoena on Bryan Freedman's firm which represents Justin Baldoni (and is trying to quash the subpoena). Inner City Press wrote the book and will live tweet, thread belowamazon.com/dp/B0DWC8BH55
2:10 pm
All rise!
Judge: I'll hear on the motion to quash the subpoena.
For Liner Freedman, Ellyn S Garofalo: The Lively parties cite cases where opposition counsel was involved in resolved lawsuits or were involved in the matters are issue. Not the case here
Liner Freedman's Garofalo: Here, they allege an "untraceable" smear campaign. Whether the Liner firm has any relevant documents about communications with content creators is in dispute-
Judge: One might say if there's a dispute, there can be discovery, if relevant
[After yet another sidebar, Storm's lawyer Axel is talking to the prosecutors. At defense table, Klein tells Patton (who's doing the closing), No pressure. They laugh.
Still waiting for kick-off
9:35 am
Jury entering!
Judge: We begin with the Government.
AUSA Gianforti: You have had a front row seat to the world of international crime. Roman Storm knew what he was doing and he made millions of dollars. He found the real money was not in privacy but crime
AUSA Rehn: They want to put in that Chainanalysis ran a relayer and also was a government contractor - but of course there are government contractors, reputable ones, that have engaged in criminal activity
Judge: I'm not sure "reputable" is coming in
Storm's lawyer Klein: We should be allowed to put a face on the relayers
Judge: But you are putting them on as a custodian
Klein: This was a decentralized protocol, they claim it ws all one giant thing working together.
Judge: I don't think that's their argument
OK - now in US v. Roman Storm, defense case Day 3, Edman - & Melekan who opposed Tornado Cash sanctions. v. Agent George patreon.com/posts/crypto-t… Inner City Press put out book about the case, Crypto Tornado amazon.com/dp/B0FHXTCNCR & will live tweet, thread below
Judge Failla: Defense, call your next witness.
It's expert Matthew Edman of NAXO.
Storm's lawyer Axel: Have you testified in the SDNY?
Edman: Yes. And I did a written submission for the US prosecutors in the Northern District of California.
[Long intro to jury]
Storm's lawyer Axel: If the Tornado Storm founder like Mr. Storm were hacked today could the hackers use the credential to steal money from the pools?
Edman: No. It's immutable.
Axel: Did you listen about the incidents?
Edman: Yes. They were after immutability
[Before jury in]
Storm's lawyer Klein: The prosecutors gave us a big spreadsheet from Special Agent George too late
Judge: How did this happen?
AUSA: Agent George only recently gave us the information. We don't think his testimony on this should be stricken
Storm's lawyer Klein: We only were given this new data yesterday - we didn't have it for our cross examination of Agent George.
Judge: I will have to think about this.
Storm's lawyer Axel: There was not a motion that all facts in the case must end in August 2022
Storm's lawyer Axel: In your review, were there transactions not related to Torn?
IRS-CI Agent George: Yes, Ma'am.
Axel: You found USDT coming out of the Binance account?
George: Yes.
Axel: To a pseudonymous wallet?
George: Right. I used communications from DOJ
Now: US summary witness O'Sullivan
AUSA: Mr. O'Sullivan, please look at the binder in front of you
Judge: Is this an exhibit?
AUSA: For now it is just a demonstrative... Mr. O'Sullivan, in the chart in front of you, are the dates plotted and are they accurate?
Yes