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SDNY COURTHOUSE, September 23 – Iranian banker Ali Sadr Hashemi Nejad had been on trial, charged with money laundering and violating US sanctions including through a Venezuelan infrastructure project. It has devolved into a show of discovery violations by the US Attorney's Office, echoed in another case, US v. Delowar Hossain, 19 Cr. 606 (SHS)

   It's been set down for trial: "ORDER as to Delowar Mohammed Hossain: The Court has been advised that the Ad Hoc Committee on the Resumption of Jury Trials has scheduled the trial of this matter to commence on Wednesday, September 29, 2021. Accordingly, IT IS HEREBY ORDERED that: 1. The final pretrial conference is adjourned from August 2 to September 24, 2021, at 12:00 p.m. in Courtroom 23A; and 2. The trial of this action is scheduled for Wednesday, September 29, 2021, at 9:30 a.m. (Signed by Judge Sidney H. Stein on 6/4/2021)."

  But during the pendency, there have been changes including the return to power in Afghanistan of the Taliban. On September 19, the US Attorney's Office wrote to Judge Stein that it had now been unable to reach a stipulation with the defendse about the Taliban's status as a Specially Designated Global Terrorist. Is it any surprise?

 On September 21, as the Taliban belatedly asked for UN credentials, Inner City Press went to cover Judge Stein's in-person conference on the motions in limine. Judge Stein said that the government's Taliban expert could testify, without any Daubert hearing before it. He said questions could be raised on cross examination, or in voir dire of the witness.

   Hossain's Federal Defender said he wants to see the receipts of payments to confidential sources, particularly one listed as having committed an "unauthorized illegal action," the assault of a bodega owner. Did the source pay his taxes?

On September 23, Judge Stein issued an Order: "as to Delowar Mohammed Hossain. The Court held a conference in this action on September 21, 2021, with both defense counsel and the government in attendance, to hear oral argument on motions in limine and to address any outstanding pretrial issues. At that conference, the defense requested this Court to review certain documents containing 3500 material that the government had produced, in redacted form, to determine whether the redactions improperly withheld 3500 material from the defense. Pursuant to Federal Rule of Criminal Procedure 26.2, the Court thoroughly inspected the relevant documents in camera. Following its review, the Court held an ex parte conference with the government to address the Court's remaining questions concerning the limited number of redactions contained within those documents. The Court now determines that the redactions to the documents the government produced to the defense are appropriate and do not improperly withhold any 3500, Brady, or Giglio material from the defense. (Signed by Judge Sidney H. Stein on 9/23/21)."

Inner City Press will continue to cover this case.

On September 15, this: "ORDER as to Delowar Mohammed Hossain: At the conclusion of that ex parte conference, the Court held a separate ex parte CIPA section 2 conference, this time with the government. As a result of these conferences, the Court, while granting the defense's request for a CIPA section 2 conference, denies defendant's renewed motion to compel the government to disclose additional information. The reasons underlying that determination shall be filed in a classified version of this Order. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/15/2021)."

  Back on July 20, Judge Stein respecting the practice of religion granted Hossain a modification of bail conditions, to leave his home at 4 am to attend a religious ritual at a butcher shop "to celebrate Eid al-Adha, an Islamic holiday that commemorates Abraham's near sacrifice of one of his sons at God's behest." Photo here.

But now on September 2, Hossain through Federal Defenders has asked for Labor Day weekend sleep-over at the home of Mohamed Chowdhury (and Mariam Khandakar) and they note, "The Government has objected to this modification."

But Judge Stein granted it: "ENDORSEMENT... SO ORDERED (Signed by Judge Sidney H. Stein on 9/2/21). And he ordered the US to answer on CIPA by September 7: "The government has filed an in camera sealed motion for certain protective measures to be implemented in the trial of this action pursuant to section 6 of the Classified Information Procedures Act ("CIPA"). 18 U.S.C. app. 3 § 6. (ECF No. 81.) CIPA section 6 provides that "the United States may request the court to conduct a hearing to make all determinations concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial or pretrial proceeding." 18 U.S.C. app. § 6(a). The Court intends to schedule a CIP A section 6 hearing to discuss the issues raised in the government's motion. CIP A section 6, however, provides that "the United States shall provide the defendant with notice of the classified information that is at issue... whenever that information previously has been made available to the defendant by the United States." 18 U.S.C. app. § 6(b ). When the government "has not previously made the information available to the defendant," the government may describe the classified information "by generic category, in such form as the court may approve, rather than by identification of the specific information of concern to the United States." 18 U.S.C. app. § 6(b). The government is hereby directed to inform the Court, in writing, how it has complied with CIPA section 6's notice requirement. That letter is due on or before Tuesday, September 7, 2021. (Signed by Judge Sidney H. Stein on 9/2/2021)."

  The case is US v. Hossain, 19-cr-606 (Stein)

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