OK- now in Mag Court @SDNYLIVE, guilty plea of Tatiana Daniel, charged with conspiracy to commit pandemic fraud, including through defrauding the Hotel Room Isolation Program, Selling Fabricated COVID-19 test results, obtaining COVID-19 loans" - it's happening
Courtroom exclusive, 1st reported here: this #COVID19 fraud plea agreement is for a sentencing guideline of 33 to 41 months
Tatiana Daniel's hair is deep purple. At first this morning she said she was NOT prepared to plead guilty. 144 nights of stolen hotel rooms, with co-defendant working in the City's program
Tatiana Daniel falsely collected unemployment using 10 people's Social Security numbers. Cell phone had fake COVID results; she got fraudulent PPP loans from the SBA - for her "illegal bootlegging operation." #OldSchool
Defense lawyer Ezra Spilke confers with AUSA Neff. Seems there's a problem with the plea agreement...
AUSA Neff: She is admitting overt act of selling fabricated COVID results on 7/20/21 and 8/2/21.
Spilke: Her spouse Tiana is here. (Only us 3 in gallery).
Judge Kaplan will sentence on March 29, 2023. Story soon
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Now in Flynn v CNN, @sdnylive Mag Judge Asks questions about discovery documents withheld on claim they wete legal advice: expresses scepticism but says won't be ruling in this proceeding. So, updated story later innercitypress.com/sdny29caveflyn…
But wait there's more - now Flynn's lawyer says he wants compensation information about CNN to see if there's an incentive to maliciously make things up. Again, will not be decided today.
Jack Flynn's Charlottesville-based lawyer says he'll run search terms on his computer, including searching 4chan- CNN's lawyer is demanding more.
Judge Cave: I don't have time, I have other parties [at 11 am - in 8 minutes, in copyright case Trombetta v. Novocin
All rise!
Judge Rakoff: Probation sets the guideline at 324 months and up, but 340 months is the maximum. Govt wants 240 months: defense wants time served or 11 month. I ordered the defense submission unsealed. [After Press request documentcloud.org/documents/2331…
Dupuis' lawyer: He was high at the time, doing 100s of dollars of drugs a day. That impacts his culpability. He sold to the cooperator in this case. He sold fentanyl and ketamine.
OK- now at co defendant Michael Tannuzzo's horse drugging sentencing. Judge disagrees it was non-violent. Two supoorters in gallery hug and sob. Threadette below
Defense lawyer says, Hoyse racing is a dirty business.
Judge: I don't accept that.
Lawyer: I meant, Morally.
Judge: But we're here about the law. Criminality.
Defendant Michael Tannuzzo: I love the horses. They saved my life. I made a mistake, following. I'm sorry.
[Here in gallery: his 2 sisters, his 2 best friends. Nephew too upset to come, he says.]
NO SHOW: Larry Ray was supposed to be brought here to court for his argument that suffocating Claudia Drury was not physical injury, only fear. But it will go forward without him. Threadette below
Apparently, because Larry Ray kept pimping Drury out after strangling her, her "work was not impaired." That's what Federal Defenders are arguing. #JohnListGone
Judge Liman asks, What if a person emailed a photo of a gun in order to menace? And notes he is not bound by the DOJ guidance that Federal Defender cited
OK - now US v. Neil Cole of Iconix closing arguments, US hammering away on Southeast Asia-1 deal, Inner City Press is covering the case patreon.com/posts/letter-i… and will live tweet some, thread below
Assistant US Attorney: The evidence tells us, it was six million dollars promised backwards. Ask yourself: would you pay more to someone who had no experience? Ethan Cole wrote it down [As Inner City Press reported Friday on Patreon, Ethan said he'd invoke 5th AM]
Defense closing: Even Seth Horowitz said that even Neil Cole believe you didn't have an agreement if it wasn't in writing. Did the other side sue over these supposed unwritten agreements? No. Remember what Horowitz said: no agreement if not in writing
OK - now in oral argument in NFT trademark case by Hermes, citing alleged infringer's FT and Yahoo interviews. Inner City Press has covered the case innercitypress.com/sdny34agorenst… Threadette below
Hermes lawyer is presentinh his view of 2d Circuit's "Welcome to Twin Peaks" decision. Judge Rakoff says readers of NYT and WSJ sould temper that with the New York Post. Counsel quips, At least for the sports section. #Mushnick
Judge Rakoff: My knowledge of the Metaverse is limited. But how can one wear this bag in the Metaverse? I'll send my next opinion not to the 2d Circuit but to the Metaverse. People are buying NFTs. I hope they are not using crypto currency