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In SDNY Prosecution About Brixmor REIT Falls Apart, Michael Carroll's Record Expunged

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, May 24 – On April 14, 2020 amid much uncertainty U.S. District Court for the Southern District of New York Chief Judge Colleen McMahon picked a date for the trial of Michael Papagallo and Michael Carroll on securities fraud charges.

 Defendants are charged with manipulating metrics in filings of Brixmor REIT, including "engaging in 'cookie jar' accounting by illicitly storing certain income when it should have been immediately recognized."

    Dates in 2021 were suggested; Judge McMahon replied that If we're in the soup again it will be next winter.

       Assistant US Attorney said there is no way to know when the courts will get back in action for real.

     Chief Judge McMahon (with a laugh) Ask your boss! 

Then the US Attorney's Office filed a nolle prosequi

Jump cut to May 24, 2021, and Michael Carroll is having his arrest record expunged along with an admonishment to the Government: "MEMO ENDORSEMENT as to Michael Carroll (1) granting [97] LETTER MOTION re: [97] LETTER MOTION addressed to Judge Colleen McMahon from Peter G. Neiman dated May 20, 2021 re: Expungement of Record. ENDORSEMENT: For substantially the reasons articulated in Mr. Neiman's letter, the motion is granted and Mr. Carroll's arrest record is expunged. The court is confident that Mr. Carroll's privacy interests outweigh any law enforcement interest maintaining the record of his arrest. It is indeed unfortunate that the government's pre-arrest investigation was not sufficiently thorough, such that the government did not learn of the evidence that convinced it that it could not prove him guilty of any crime. (Signed by Judge Colleen McMahon on 5/24/2021)."

The case is US v. Carroll, et al., 19-cr-545 (McMahon). 

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