OK- now at sentencing of #OneCoin money launder - and more - Gilbert Armenta. Inner City Press filed to unredact Armenta's sentencing memo; got some but not all. Now will live tweet, thread below
All rise!
Armenta's lawyer: There is no proof here that OneCoin significantly harmed more than 25 people.
AUSA: In the Scott trial, Linda Cohen said she couldn't retire. There was WIllian Horn... The defendant was dating Ms Ignatova, so he knew the scope
AUSA: Victims went to see Mr Armenta in Florida...
[That was used by Armenta's lawyer to oppose Inner City Press' motion to unseal, that unsealing would put Armenta at risk]
AUSA calls the guideline sentence "astronomical;" US is asking for downward to 7 years
Judge Ramos: Offense level is 50, but 43 is the top. The guideline is life or 100 years.
AUSA: We recommend 7 years - but no less than 5. OneCoin took in over $4 billion. Armenta laundered over $300 million. He bought a plane.
Judge Ramos: A jet plane?
AUSA: Yes
AUSA Dimase: We only learned about his Mexican bribery & gambling money laundering from proffer sessions, so we're not really relying on that. He violated his cooperation deal by selling the jet, & we still gave him another chance. Then he stole a $5 million check
NOTE: The US Attorney's office, on the check, has apparently not charged Armenta at all - not for bank fraud, nor with aggravated identity theft, with 2 years consecutive mandatory....
Probation recommends $500,000 fine. AUSA says government takes no view, makes much of Ruja's jewelry and handbags Armenta gave them - without a forfeiture order, he emphasizes.
Note: This makes it appear a rich defendant can buy a light sentencing recommendation
Armenta's lawyer: He did over 100 recorded calls and meeting. [Only a handful made publoc in Mark Scott trial]. He had 17 dropboxes. The day we was remanded, Armenta agreed to record yet another hotel meeting with a target who had just been approached by the FBI
Armenta's lawyer: He learned that Ms Ignatova drilled into his apartment, & hired a couple to live next to & surveil him. He is not violent. He bought a bank in Georgia: Ms Ignatova was already a custumer. He got into a romantic relationship with her...
Judge Ramos sentenced Armenta to 5 years. Armenta has asked for FCI Miami *camp.* He was never charged for admitted bank fraud and aggravated ID theft. Vlog and story coming
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OK - Sam Bankman-Fried is in Judge Kaplan's courtroom, 8 minutes early, rubbing the outside of his nose. Inner City Press first asked to unseal his bond co-signers (done) and is covering the case innercitypress.com/sdnyunseal2sbf… and will live tweet, thread below
Now the prosecutors have walk in. One nodded to Bankman-Fried's lawyer; none acknowledged Bankman-Fried.
Now, after a whispered discussion with the prosecutors, Bankman-Fried's lawyer comes and whispers into his ear.
All rise!
Judge Kaplan: Mr. Roos, are you going to do the honors of starting this afternoon?
AUSA: Yes. With the discovery of the defendant's use of a VPN, we propose to broaden the conditions. The case involves a business that was reliant on the Internet
OK - now a conference in US v ex-Rep Steve Buyer. Judge Berman says, "This rolling process is not acceptable. No more motions in limine?" Inner City Press is covering the case innercitypress.com/sdny9mnpitmobi… and will live tweet, threadette below
Buyer's counsel from Orrick replies that he just wants to make sure he can object to evidence at trial.
Judge Berman: Are you seriously asking that?
A: I just, uh...
Judge: I assume you know. Now the trial is moved back a week to Feb 28
Buyer's counsel: Can we store defense stuff in the courtroom or nearby?
Judge Berman: You may have to take care of that yourself. No printers or copiers in the courtroom. But we'll talk about it.
Buyer's counsel: We get it. We can deal with the new trial date.
OK - Day 3 of death penalty phase in US v. Saipov with wife of deceased Hernan Ferruchi, Vera Dargoltz, on the witness stand. Inner City Press is covering the case innercitypress.com/sdnysquib2saip… & will live tweet, thread below
Assistant US Attorney: How did you hear about the incident in New York?
Ms. Dargoltz: My father in law called and asked if I'd heard from Hernan. I asked, Why? He said, No, nothing. Then he said, there had been an attack, in Manhattan.
Ms. Dargoltz: So I turned on the TV, and saw the bikes, and I called the consulate. They said they had no news about Hernan. But then...
OK - now at #Honduras former president JOH's Curcio hearing. US filing for this says Rosenthals bribed JOH. Inner City Press will live tweet, thread below
The US Attorney's Office reached out in October 2022 about unsealing the docket of CW-1.
Did the unsealing ever happen? If so, why still no name?
Now a whispered sidebar discussion, obscured by loud white noise.
JOH is speaking in Spanish, uses word "cross-examinar." Calls the two cooperating witnesses "estas personas."
OK - Day 2 of death penalty phase in US v. Saipov with friend of 1 of 8 deceased victims on the witness stand. Inner City Press is covering the case innercitypress.com/sdnyverdict6sa…
& will live tweet, thread below
Jury entering!
Judge Broderick: Good morning. We will continue with Mr. Benvenuto on the stand.
AUSA: What impact has Hernan's death had on you?
Benvenuto: It is hard to express. It is a pain that will mark me the rest of my life.
Now the prosecutors put into evidence a photo of a tattoo the witness got, about deceased Hernan.
Thread will continue
OK- in crypto case of CFTC v Gemini, discovery demand by Gemini on whether its (false) statements to CFTC were material. US v Nedder cited. Inner City Press will live tweet, thread below
CFTC counsel: There were statements both written and oral by Gemini.
Judge: I may also discovery on the oral statements, if they say they were influenced.
CFTC: It's hard to parse.
Judge: No it's not.
Gemini's lawyer: They have to produce evidence. Materiality is a mixed question of law and fact-
Judge: The Supreme Court has said that, yes. But I'm not sure of the application.
CFTC cites US v Gaudin 515 US 506.