OK - now in court for ruling in Mango Labs v Avi Eisenberg, empty gallery unlike for #SBF in an hour. Inner City Press will live tweet both, Eisenberg thread below
All rise!
Judge Liman: I will give you my decision on the requested injunction, orally. Of $114 million, he returned $67 million. There are 4 causes of action: fraud, duress. There is a criminal case and defendant is detained. The US seeks forfeiture.
Judge Liman: The Court ordered service on defendant Eisenberg upon his arrival in NY [from detention in Puerto Rico]. DOJ has also been notified by Mango Labs, but has not intervened. I find Mango Labs has standing...
Judge Liman: The settlement agreement with Mango DAO does not preclude Mango Labs' standing. NY law applies here. On the preliminary injuction factors, I find plaintiff has NOT shown a likelihood of success on the merits.
[NOT- Mango Labs failed on factor 1]
Judge Liman: Can the settlement be voided as the product of duress? No - the token holders rejected an initial proposal. They exercised their free will. And it was later ratified, constructively.
Judge Liman: Eisenberg's alleged use of a Ukrainian woman's identity does not change the duress or fraud analysis. [But may be used in criminal prosecution]
Judge Liman: Nor has there been a showing of irreparable harm.
[Mango Labs' "Big Law" counsel has chin in hands. On the courtroom coat rack, a red scarf emblazoned LFC - Liverpool Football Club. Come on, you reds]
Judge Liman: All three factors fail. Preliminary injunction is denied.
Mango Labs' lawyer: Continue TRO 7 days, to tell DOJ? We may appeal
Judge: OK- until March 15. And next conference April 17.
Story coming [and #SBF at 11, in 15 minutes]
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OK- now endgame in insider trading trial of ex-Rep from Indiana Stephen Buyer: jury question during deliberations. Inner City Press is covering the case innercitypress.com/sdny10mnpitmob… and will live tweet to the end, threadette below
AUSA: They asked, for Count 3, if the info had to name the stock [Navigant], and only one? We propose, it had to be material.
Alonso: We propose answering Yes
[Buyer's 3 supporters and back from lunch]
AUSA: We have a Supreme Court case, about a printer-
Judge Berman: This is an intellectual discussion, not a war
AUSA: On question 2, we don't have to prove all. Just one.
Alonso: They have to prove it all. Or at least, they have to be unanimous on which one.
OK - now US v Bankman-Fried case before @sdnylive Judge Kaplan on conditions of release, VPN, Python, paid consultants- & 2 laptops of unnamed FTX employees? innercitypress.com/sdnyunseal8sbf… Letter here patreon.com/posts/79762863 Inner City Press will live tweet, thread below
All rise!
Judge Kaplan: I have your letters. Let me hear about discovery.
Assistant US Attorney Nick Roos: In January we produced all the search warrants and affidavits that would be important for suppression motions. And 2 million documents from 3d parties.
Judge Kaplan: Is that production in January the complete production as of the date you made it?
AUSA Roos: Of subpoena returns, search warrants and 3d party. Some other material was not produced, from electronic devices. There is a caveat on everything
OK- now in insider trading trial of ex-Rep from Indiana Stephen Buyer. Inner City Press is covering the closings and the case innercitypress.com/sdny10mnpitmob… and will live tweet the rebuttal, thread below
AUSA: Tony Rosso canceled the golf at Doral to be on merger calls. Does it make any sense he would not tell Steve Buyer why he canceled? No.
[Buyer is shaking his head]
AUSA: Here is Steve Buyer's stock watch list [Roku, Zendesk, Square- but no Sprint or Navigant]. The notes on the Zacks print out is him papering the trades. He's smart but you're smarter.
OK - now in US v Saipov death penalty deliberations - interruptus? Judge Broderick says Juror 4 has an emergency & can't come in. He has asked parties if an alternate should be called in. Inner City Press, writing a booklet on case, will live tweet, thread below
AUSA Houle: Did he say he's not coming back at all, given the situation of his brother?
Judge Broderick: My deputy spoke to him, he was despondent and said would not be coming back. But we could wait and see. I need to check if the relative is in law enforcement
Judge Broderick: The relative was just found.
AUSA Houle: We'd like a few minutes, given that context.
Judge Broderick: That's fine. I took it Juror 4 was reflecting the seriousness of the communications. That's just my read on it. Juror 4 in the box is Juror 172
OK- now in insider trading trial of ex-Rep from Indiana Stephen Buyer - defendant is on the stand. Inner City Press is covering the case innercitypress.com/sdny10mnpitmob… and will live tweet, thread below
Buyer: When Tony Russo told me about a dark project, I thought he meant NSA and CIA, Sprint had those contracts...
Alonso: DId you tell Tony Russo you'd bought Sprint stock?
Buyer: No. I regret it because now I suffer innuendo
Buyer: Tony told me I was to tell VP Pence two hours before the merger. He's from Indiana too.
[Henry Waxman also on list for #TMobile lobbyists meeting]
OK- now in hearing on man charged with stealing $100,000 US Treasury checks belonging to others. SDNY prosecutor wants pre-trial home detention. Federal Defender opposes that. Inner City Press will live tweet, threadette below
Federal Defender says US can't stop defendant from having a gun, under Supreme Couty's Bruen decision.
Judge asks for a brief.
Federal Defender: Many defendants, particularly defendants of color, flee the police, out of fear. He wants to get his GED and work for the Sanitation Dept.
AUSA: He stole the checks by jumping the person who was selling them.