OK - now sentencing of Manafort's lending Stephen Calk, by @SDNYLIVE Judge Schofield. Inner City Press covered the trial innercitypress.com/sdnylive15calk… and sang it, now will live tweet the sentencing, thread below soundcloud.com/innercitypress…
Government has asked for 51-63 months.
Judge Schofield: I denied Defense's post-trial motions. In the pre-sentencing report, Mr. Calk objects to the characterization of harm to the bank. I will modify it, I will add Mr. Calk's counsel's language almost verbatim
Judge Schofield: The value of the bribe triggers the sentencing guideline. The government proposed 51 to 63 months, based on a value of more than $550,000. They have the burden.
AUSA: Mr. Calk claims we have to use alternate loan terms from the same institution.
Calk's lawyer: A hard money lender is an entirely different kind of lender than The Federal Saving Bank. It's apple and oranges.
Judge Schofield: I decline to apply the 14 level increase.
Judge Schofield: The government has withdrawn its request for an increase for obstruction of justice, asking instead that it be considered under Section 3553. I will do so. Defense' opposition to enhancement for abuse of trust I do not find persuasive.
Judge Schofield: There will be no restitution, and there is no request for forfeiture. Let me hear from the government on sentencing.
AUSA: FDIC insurance benefits society, & the banks and bankers. Defendant doesn't get to benefit from it then corrupt it by bribes
AUSA: We often see politicians wanting to be rich. This is the opposite. Being a banker made the defendant rich, but he wanted power, in a government position.
Defense: We believe a non-carceratory sentence is appropriate. He is a good and decent man.
Defense: Why did Mr. Calk want to be under-secretary of the Army? He wanted to help people in the military.
[But the evidence showed he had a list of positions to buy, including US Ambassador to the UN - double corruption]
Defense: He dreamed of public service. And there is no harm - he did not get within 50 miles of a US post. He got a courtesy interview at Trump Tower. Mr. Calk is a banker.
Defense: The US Marshals let vagrants into Manaford's Brooklyn brownstone. This was bribery from a publicly-minded motive. Send a message? To who? Who else would risk his life's work for what Mr. Calk got in this case.
Defense: He can never run a bank again. He will have his dignity destroyed. There is no need for further punishment.
Judge Schofield: I'm not sure I heard anything new in there. Mr. Calk?
Calk: May I remain seated? Thanks for reading my letters (voice cracking)
Calk: I am grateful for the many in the armed forces who have reached out to me, both enlisted and enlisted. My credit cards were taken away. My bank was my life's work. It was my legacy. It has helped thousands of people to reach the American Dream.
Calk: There are so many great people who work there who have been impacted. (Sob). It's also brought me profound sorry the government questioned my devotion to the military. Service to the country has been at the core of who I am as an American.
Calk: I hope your honor will consider it in passing judgment. I disagree with the jury's verdict. But I have searched myself deeply. Thanks you for listening to me.
Judge Schofield: The guideline now is six to 12 months. You are 57 years old, you have an MBA
Judge Schofield: You went to Harvard Business School. You took advantage of your opportunities. Your income is from the bank; the other shareholders are your brother and your ex-wife. You were in the Reserves, not in activity duty. You are divorced.
Judge Schofield: You turned yourself in and were released on bond the same day [Inner City Press covered that, in SDNY Mag Court]. The probation department recommends three years. I have concluded to impose a sentence of incarceration.
Judge Schofield: Mr. Calk, it is the judgment of the court that you are remanded to the custody of the Bureau of Prisons for a year and a day. [That allows calculation of "good time" - so, less than a year]
Judge Schofield: Do you intend to reside in Florida?
A: Yes, Your Honor.
Judge Schofield: The sentence is imposed.
Defense: We request bail pending appeal.
Schofield: I grant bail pending appeal. The conditions of bail will continue.
Defense: fwiw We are for designation at the minimum security camp at Oxford, Wisconsin.
Judge Schofield: Granted. We are adjourned.

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More from @innercitypress

Feb 8
OK- for allegedly trying to launder $3.6 billon in #cryptocurrency linked to the hack of #Bitfinex, now in @sdnylive Magistrates Court set to be presented are Ilya “Dutch” Lichtenstein & his wife, Heather Morgan. Inner City Press will live tweet, thread below Image
Programming note: after witnessing an unrelated Violation of Supervised Release proceeding (story coming), it was announced that the SDNY Mag Court will close "for an hour or so, the case you are waiting for is not ready." Thread will resume when it is.
OK - SDNY Mag Court has been reopened; the stage is set for the presentment of Ilya “Dutch” Lichtenstein & his wife, Heather Morgan for allegedly trying to launder $3.6 billon in #cryptocurrency linked to the hack of #Bitfinex. Thread is resuming with a vengeance
Read 45 tweets
Feb 8
OK -#Honduras case sentencing of drug trafficker Geovanny Fuentes Ramirez, connected to now sanctioned ex-Prez JOH. His lawyers that he get only 40 years. Inner City Press will live tweet, thread below Image
Geovanny Fuentes is speaking, saying he is innocent, that his case shouldn't have had the same number as US v Victor Hugo Diaz Morales. Judgr Castel is listening, apparently researching on his computer
Geovanny is naming co-defendants, the Salgueros, saying he is not mrntioned in those cases.
(He appears to be crying)
Read 11 tweets
Feb 8
OK - now Sarah Palin v. NYT trial continues @sdnylive, with Judge Jed S. Rakoff hearing argument before the jury comes in. Palin's lawyers have argued for punitive damages overnight innercitypress.com/sdnytrial3pali… Inner City Press will live tweet, thread below
Judge Rakoff: Last I remember, the party offering evidence has the burden to show it is relevant. You and your able colleagues seem to be arguing that if there is anything helpful to your case and Mr. Bennet denies seeing it, it's admissible. That's ridiculous.
Judge Rakoff: At another break, during his testimony, I will allow you to put some foundational questions to him outside the presence of the jury. If you can establish more than you have so far, I will reconsider.
Read 15 tweets
Feb 7
OK - now Jan 6 case of US v. Sabol (and Lopatic, et al) before DDC Judge Emmet G. Sullivan, Inner City Press has covered innercitypress.com/sdny1sabolinsu… (and sung about) the case, and will live tweet, thread below soundcloud.com/innercitypress…
AUSA: Defendants in the DC jail are now getting access to discovery on Evidence [dot] com and we're also giving trainings on "Relativity." There are some plea negotiations so let's set another status conference in 60 days
Judge Emmet Sullivan: Has the government inquired if the defendants are amenable to excluding time under the Speedy Trial Act?
AUSA: Not all.
Judge Sullivan: What's the next available date?
Voice (deputy) April 7 or April 5 at 11 am.
Read 7 tweets
Feb 7
OK - it's Palin v. NYT, Judge Rakoff just said (while 1 juror delayed for 10 minutes) that if James Bennet were found liable, the NYT would also be liable. Inner City Press is covering the case innercitypress.com/sdnytrial1pali… and will live tweet, thread below
Judge Rakoff: While we wait for the juror, let's discuss the whether the deposition of Mr. [Andrew] Sullivan should come in, and if, for what.
NYT's lawyer: Mr. Sullivan has his own little sphere of products under the umbrella of The Atlantic, so, out.
Judge Rakoff: If Mr. Sullivan saw these pieces [in the Daily Dish], it would be part of his imputed knowledge at the time Mr. Bennet drafted these lines in the editorial. Plaintiff's counsel?
Palin's lawyer: Bennet was the editor of the Atlantic. He had knowledge.
Read 16 tweets
Feb 4
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 Image
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
Read 12 tweets

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