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In SDNY HIV Drug Scammer Is Given 3d Chance By Judge Castel As Urged By Cesar Sayoc Defender

By Matthew Russell Lee

SDNY COURTHOUSE, April 24 – A defendant awaiting sentencing for fraudulently obtaining HIV medication was admonished but not remanded on April 24 for ignoring drug treatment appointments, represented by the same Federal Defenders lawyer as Cesar Sayoc. Before U.S. District Court for the Southern District of New York Judge Kevin Castel, an un-straight path to recovery for defendant Woodson was discussed, between Probation's Mr. Martinez to the Federal Defenders' Ms. Beasley and Ms. Baumgartel, whom we've covered advising Cesar Sayoc as he stood twice before SDNY Judge Jed Raykoff. For Mr. Woodson there will be a second or third chance, this time with Samaritan Village; if anything goes wrong, Probation says it will immediately ask for a hearing...

   Usually court hearings about violations of supervised release are depressing, sometimes ending with the violator put back in shackles and remanded. But on April 8 before SDNY Judge Castel, there was one out of the norm. Jonathan Puello was charged back to 2012, and on April 8 initially the talk was of new state law charges - some dropped - and of two drugs tests failed for marijuana. But his lawyer attributed this to second hand smoke and pointed out the cleanest of urine since. Significantly, Puello is set to run a Chic-fil-A restaurant, with an annual salary of $65,000, total compensation $77,000. Judge Castel, who recently presided over a double murder cold case that Inner City Press covered daily, said this job offer is good news, and told Puello to arrange his life differently that the way that resulted in second hand smoke charges. The proceedings was put back on for after another state issue, on which Puello's lawyer declined to charge money for advice, is resolved. It's what passes for good news in the SDNY.

On April 2, in 40 Foley: "I was a street drug dealer in from of my building in the Bronx," a defendant told U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer on April 2. Defendant Gonzalez was pleading guilty to a lesser included charge, with a guideline sentence of between 120 and 150 months in jail. But he won't be sentenced until July 11 at 2:30 pm, after the Probation Department does its interview and issues a Pre Sentencing Report that will remain sealed until, somehow, Gonzalez appeals. We'll have more on this - there were no family members in the courtroom, no media other than Inner City Press. Back on March 28 an insider trading action by the SEC was under heavy fire in SDNY courtroom of Judge Richard M. Berman. The SEC had in 2017 grand alleged that "Ariel Darvasi and Amir Waldman were in possession of material nonpublic information about the impending acquisition when they purchased Mobileye securities" just prior to its acquisition by Intel. But on March 28 the defendants' lawyers, moving for summary judgment, mocked the arguments. They said Waldman was "not a direct insider;" they said suspicious trades are not enough, mere contact with an insider is not enough. The SEC lawyer responded with tales of MobileEye's founders private jet flight to New York to nail down the Intel deal. Much of the argument came down to whether a response by Waldman during deposition, that he had been aware of the trip - "yes" - before the words, for the merger, were said, should go to a jury. The defendants insisted on their video. There was no other media in the court room but Inner City Press, still without its electronics. So what of general deterrence? What of transparency? In the SDNY there is no comprehensive calendar, and for now the Press that seeks to report on as much as possible is still restrained. We'll have more on this.


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