In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 3 – Paul Daugerdas, white collar criminal serving time for fraudulent tax shelters, on April 29 argued for release from his 70 month long imprisonment in the Federal camp at Marion, before U.S. District Court for the Southern District of New York Judge William H. Pauley III. Inner City Press covered it, below. And now this, from Judge Pauley's decision:

"this Court believes that Daugerdas is fit for temporary release from  prison—but only until the COVID-19 pandemic abates.  However, the catch is that this Court lac:s the authority to grant Daugerdas  temporary release. See 18 U.S.C. § 3622; see also United States v. Roberts, 2020 WL 1700032,  at *3 (S.D.N.Y. Apr. 8, 2020). That authority rests solely with the BOP. Roberts, 2020 WL  1700032, at *3 (collecting cases). But “nothing in Section 3622 ‘prevents this Court from  recommending’ that [the] BOP exercise its discretion to grant [Daugerdas] temporary release.”  Roberts, 2020 WL 1700032, at *4 (emphasis added) (quoting United States v. Schaefer, No. 07-  cr-498 (S.D.N.Y.), ECF No. 73, at 4 (Apr. 6, 2020)); see also United States v. Stahl, 2020 WL  1819986, at *1–2 (S.D.N.Y. Apr. 10, 2020) (“strenuously urg[ing]” the BOP to consider  temporarily releasing defendant pursuant to § 3622(a) “until the threat of COVID-19 has  passed”). Consequently, this Court strongly urges the BOP to consider Daugerdas for furlough  under § 3622 in light of the COVID-19 crisis, his age, and underlying medical conditions until  such time as the crisis abates."

    Back on April 29, Judge Pauley quickly noted, No positive COVID-19 tests at Marion.

    Defense lawyer Henry Mazurek said, Yeah but...  He said Daugerdas is obese, putting him at risk of Coronavirus.

    Judge Pauley said, I've reviewed Mr. Daugerdas' medical record at the Marion Camp. I did not see any reference in there to heart disease, until I saw your papers. He brought up the release of Dean Skelos ordered for April 30 from Otisville, who'd yet to serve 50% of his sentence, which Inner City Press also covered, here.

   Assistant US Attorney Stanley Okula called Daugerdas the "kingpin of the biggest tax fraud," emphasized that he's served less than 40% of his sentence and has not accepted responsibility. He chided Mazurek for only saying his client must have thought about it during his nights in prison. 

   Judge Pauley asks AUSA Okula why the US Attorney's Office is opposed to him recommending to BOP that they furlough Daugerdas.

    AUSA Okula said, Release from Marion to Chicago is not going to put him in a better sitution.  

  Mazurek cites Judge Ronnie Abrams' decision last week in Park, which Inner City Press also covered, here.

Mazurek says he represented two other inmates at Otisville, from which he noted Dean Skelos was released yesterday.  He said that furlough is for when there are less than 12 months left in a sentence, that he wants compassionate release, under Section 3624.

    Judge Pauley said he was reserving but would decide it quickly. And he did, citing a / the catch - see above. The case is US v. Daugerdas, et al., 18-cr-152 (Pauley).

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2020 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for