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In SDNY Chris Collins Asks for Non Custodial Sentence After Insider Trading Guilty Plea

By Matthew Russell Lee, Patreon, thread

SDNY COURTHOUSE, Jan 7 – Christopher Collins resigned as a New York State Congressman on September 30, 2019 and on October 1 pled guilty to two counts of insider trading before U.S. District Court for the Southern District of the New York Judge Vernon S. Broderick. Inner City Press thread here.

   Collins got a plea agreement from U.S. Attorney Geoffrey Berman of a sentencing guideline of between 46 and 57 months, instead of the possible five years on each of the two charges.

  And now on January 7, Collins' lawyer Jonathan B. New of Baker Hostetler has argued that the insider trading Congressman should get a "non-custodial sentence" - no jail time.

Alongside New's 58 page sentencing memo, filed on January 7 as most of the media was concerned with Iran's ballistic missiles shot at bases housing US soldiers in Iraq, there are letters from "Mary Collins, A Loving Wife" and Craig P. Schreiber, Co-President, Northtown Automotive Companies, Inc. of Amherst, NY.

 Judge Broderick, we note, has given a time served sentence to UN briber Francis Lorenzo; when he ordered Virgil Griffith freed on bail there was no follow up and at least five days later the US Attorney's office told Inner City Press he still hadn't been released (and has declined to answer since). Inner City Press will stay on these cases.

  In his allocution, Collins said that he was so committed to Innate's M.S. drug that when it failed its clinical trial he was devastated and emotional - that's why he called his son. But, as he had to, Collins admitted knew knew he son Cameron would trade on the inside information. Collins apologized for putting his son in jeopardy, to his wife and Innate board members and to his constituents. He said his were not the actions of a model citizen.

  Judge Broderick set Collins' sentencing for January 17 at 2:30 pm. But when will the special election be to fill his seat? Watch this site.

Previously, Collins was attacking the warrant and what was seized pursuant to it, based on the Speech or Debate Clause of the U.S. Constitution and yet to be specified irregularities in how the warrants were presented to and approved in the Magistrates Court.

at a scheduling conference on September 12 grew testy about the issue, telling Collins' lawyers to fish or cut bait - that is, to inform him by October 23 of their intentions about proceeding on the issue, including possible to the Second Circuit Court of Appeals.

  Judge Broderick said he does not want to move the February 2020 trial, because he has another trail starting in April 2020 which will last "months." He was skeptical that Collins' lead counsel Jonathan Barr of Baker Hostetler was entirely unreachable this week, noting that even from an airplane he (Broderick) managed to call his mother.

   The government said it will produce 3500 material on January 3, but only if the trial date is not moved. Inner City Press will have more about the Speech and Debate Clause issue, or or before October 23. For now, live tweeted thread on Sept 12 proceeding here; more on Patreon here.

 Back in May Collins waived his right to be present for a hearing in the criminal insider trading case against him held past 5 pm in the smaller courtroom 518 of Judge Broderick. On May 10, Judge Broderick started on l'affaire Collins at 2 pm, after a case against BuzzFeed (Inner City Press coverage here). Early in the proceeding, before two shackled inmates were led in leading to a brief suspension of the white shoe SEC Congressman matter, Broderick made a joke about Donald Trump and evasive legal moves. I'm not going there, said one of the participants in Collins, who was an early endorser of Trump. Broderick said, "I should have either - but it is what it is."

   Three hours later, during which Inner City Press in full disclosure went one story down in the courthouse to cover a Fatico hearing about threats in the MCC, Judge Broderick was setting the time for Collins' lawyers to make motions. He arrived on four weeks after he rules on discovery, with the SEC to provide whatever he directs to the defense one week after the ruling. I'm not saying you're going to get anything, Judge Broderick said. Collins' lead lawyer said he is a optimist. More on Patreon; watch this site. 

  Collins' team of lawyers have made a slew of suggestions to Judge Broderick on what discovery to seek from the U.S. Attorney's office, from communications with the SEC to information about real estate, Cameron Collins and Lauren Zarsky and their sales of Immunotherapeutics stock after MIS416, aimed at secondary multiple sclerosis, failed the Drug Trial and Rep Collins made his calls from the White House Congressional picnic.

   On May 3 Judge Broderick was urging wide disclosure by the government, whether characterized as 3500 material or under Brady or Giglio. The notes to be produced, he said, didn't have to been entirely contemporaneous. He had a series of questions for the U.S. Attorney which he did not get through as it approached 6 p.m. and his courtroom deputy had gone for the day.

  Collins' lead lawyer from BakerHostetler, Jonathan R. Barr, directed Broderick to a decision by SDNY Judge Jed Rakoff during the Gumpta case, and Broderick said that he would read it. He confessed he had himself looked up applicable cases on Westlaw, adding that he might have missed some cases.  This case is  USA v. Collins, et al., 18-cr-00567 (VSB). More on Patreon, here.

  Judge Broderick told Collins' lawyers to expect to come back in a week's time on Friday, May 10. One of them said he would only be returning to the United States that morning; another said that he then would be leaving for the same place his colleague had been: Argentina.

 Thus is big money, and big politics, law done in the SDNY.


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