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Indicted Commodities Trader Smothermon Caused 200 To Be Laid Off Now Cases Stayed

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Sept 22 – When the US arrested commodities trader David Smothermon in November 2018 misstating the value and income of a firm, it did not name the company.

  In a June 11, 2019 proceeding before U.S. District Court for the Southern District Judge Alvin K. Hellerstein, however, Assistant US Attorney Kristy J. Greenberg said it clearly, blaming  the layoff of 200 people at Trammo AG on Smothermon.

  Judge Hellerstein asked how long the layoff lasted.

  AUSA Greenberg said it left ended - the facility shut down.

  Smothermon's lawyer Terry W. Yates said it will taken him 90 days to review the 75,000 documents the government says they have.

  Judge Hellerstein set a return date on September 20 and told Yates to be ready at that time to declare his motions or to waive them; he said he aims to set a trial date at that time. Inner City Press was the only media in the courtroom on June 11, and will continue to cover the case, USA v. Smothermon, 19-cr-382 (Hellerstein). More on Patreon, here.

In October 2021, in the run up to trial scheduled to start November 1, Smothermon has filed with Judge Hellerstein to allow his expert Kent Bayazitoglu to be in the courtroom for other witnesses, despite FRE 615 (which ws blocking journalist John Carreyrou from attending and covering the Elizabeth Holmes / Theranos as Inner City Press covered here).

And the prosecutors filed a motion in limine to try to block evidence of the defendant's son's cerebral palsy. Inner City Press still aims to cover the trial - but it has reported been stayed pending a resolution of a related issue in a related case by the US Supreme Court.

On September 20, 2022, a related civil case was heard by SDNY Judge Edgardo Ramos, these days presiding over the US v. Trevor Milton trial. After hearing of the stay in the criminal case, Judge Ramos agreed to stay this civil case, but asked for an update with 48 hours of the Supreme Court decision.

This civil case is Trammo, Inc. v. Smothermon, 22-cv-4446 (Ramos)


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