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On OneCoin US Admits Dilkinska Was in India But Says Konstantin Jail Phone Only Used After Trial

By Matthew Russell Lee, Patreon Podcast Filing
BBC - Decrypt - LightRead - Vlog - Source

SDNY COURTHOUSE, Jan 28  -- For money laundering for scam crypto currency OneCoin, lawyer Mark Scott was convicted by a jury after testimony by Konstantin Ignatov and others but was allowed to remain free on bail pending sentencing. Sebastian Greenwood, meanwhile, is in detention in the MDC and will wait (at least) a year for a trial. David Pike got a lenient six to 12 month plea deal accepted on October 19, below.

  On January 19, a French court OK-ed the extradition of Frank Schneider to the US. Order here. Inner City Press in Spring 2021 reported "Frank Schneider, arrested on April 29 in Joudreville in the Pays-Haut Meurthe-et-Mosellan trying to get back into Luxembourg and said to be awaiting extradition. Update: Inner City Press has put questions to the US Attorney's Office - still not answered on this.

On January 28, the US Attorney's Office filed a 60 page brief opposing Scott's supplemental motion for a new trial. The US said the Konstantin Ignatov's illegal cell phone in the MCC was not used until AFTER Scott's trial, for example. It acknowledges that Irina Dilkinska was in India during the relevant time frame; it cites a Greenwood waiver of personal attorney client privilege. We'll have more on this.

  Inner City Press previously exclusively reported:  Konstantin: I tried to find where OneCoin had money. I spoke with Frank Schneider. AUSA: Who was he? Konstantin: Ruja got her information about law enforcement investigations from him. He was a money launderer.

 Meanwhile, Konstantin Ignatov's sentencing has been pushed back to May and he has a new lawyer...

On January 4, the US Attorney's Office requested that Pike's sentencing, set for January 21, be adjourned for approximately 45 days, citing "health concerns arising from the surging COVID-19 pandemic and related travel complications," and that the time for the pre-sentencing report be extended too.

 On September 21, 2021 there was a proceeding on and with Greenwood and Inner City Press live tweeted it here and below (and podcast here)

On November 15, Scott asked for yet more delay, this time so that discussions can "continue with the incoming Chief of the Criminal Division of the U.S. Attorney's Office for the SDNY [Daniel M. Gitner], who is expected to start later this month."

Late on December 15, 2021, Scott's lawyers filed their motions, with multiple exhibits under seal.  But the jist was, Konstantin's perjury denied Scott a fair trial." Also, "the Dilkinska Meeting Perjury." Duncan Arthur is cited. A letter on Patreon here.

  And on December 16, the very day Gilbert Armenta was to be sentenced, the US wrote it for another extension, this time to March 2022: "Re: United States v. Gilbert Armenta, 17 Cr. 556 (ER) Dear Judge Ramos: The parties write jointly to respectfully request an adjournment of the sentencing proceeding currently scheduled in the above-captioned case today, December 16, 2021, at 4:00 p.m. The parties remain in continuing discussions regarding various forfeiture issues, among other sentencing-related issues. To permit the parties to continue engaging in those discussions, the parties respectfully request an adjournment of the sentencing proceeding for a period of approximately three months, to a date in or about March 2022." Letter on Patreon here.

On November 12, Konstantin's sentencing was pushed back, way back: "Docket Annotation as to Konstantin Ignatov: Rescheduling Notice - The sentencing control date previously set for November 12, 2021 has been adjourned to May 12, 2022 at 2:30 p.m."

On October 19, Judge Ramos extended things: "MEMO ENDORSEMENT as to Mark S. Scott re: [417] Letter on extension... ENDORSEMENT: Mr. Scott's reply is now due October 29, 2021. Sentencing is adjourned to December 8, 2021 at 2pm."

On October 19, after many postponements, co-defendant David Pike finally pleaded guilty, albeit only to Count 1 of a superseding information. Inner City Press live tweeted it here.

 During the change of plea proceeding, Judge Ramos did not read out what the plea deal was, only that Pike had signed it, on August 21, 2021. But the deal is for (only) six to twelve months, and forfeiture of $2,099,330. It states name checks the Fenero Funds, not OneCoin.

Nor does this.

 On August 25, 2021 Inner City Press filed a letter with Judge Ramos, cc-ing the prosecutors and Scott's counsel, formally asking that the motion be unsealed - still not docketed as of Aug 30, unlike the practice of other SDNY judges.
(Now on DocumentCloud, here; podcast here).

Vlog here.

 On September 13, counsel for Mark Scott and for the US Attorney's Office were told by Judge Ramos' chambers (to its credit), "Judge Ramos directs the parties to respond to this request."

The August 25 letter: Dear Judge Ramos:    This concerns, in the above-captioned criminal case that concerns money laundering for the OneCoin scheme, the request to entirely seal a judicial document requesting a new trial for the defendant. The filing(s) should be unsealed in full, or if the Court sees fit, in part.    I have been covering the case for Inner City Press, see also, e.g., The Guardian (UK), November 25, 2019, "In testimony live-tweeted by the investigative journalism website Inner City Press, Ignatov reportedly referred to Abdulaziz as 'one of the main money launderers' involved in the scheme."

 Yesterday, Scott's counsel filed a letter (Dkt 390) requesting a sentencing adjournment based on "the need for the Court to consider and address the Supplemental Rule 22 Motion (including the request for an evidentiary hearing) filed under seal on August 23, 2021." That motion is a judicial document, within the meaning of United States v. Aref, 533 F.3d 72, 81-83 (2d Cir. 2008) and Lugosch v. Pyramid Co., 435 F.3d 110 (2d Cir. 2006) - it should be made available. 

  Inner City Press routinely files requests to unseal in this District, and other Districts - including as cited in its March 31 request, here  And Judge Broderick's docketing of Inner City Press' request to unseal in US v. Ashe / Piao, 15-cr-706, Dkt No 999 (Inner City Press letter) & Dkt 998 (ordering that sealing be justified or removed by April 9). 

And see, regarding public access to allegedly confidential information, Judge Furman's recent grant of Inner City Press request to unseal in US v. Avenatti, 19-cr-374 (JMF), Docket No. 134. See also, July 27, 2021, NYLJ, "Judge Orders Release of Michael Avenatti's Financial Affidavits In Stormy Daniels Theft Case," "Journalist Matthew Russell Lee of Inner City Press had intervened, advocating for the affidavits' release."

(Now on DocumentCloud, here; podcast here).Watch this site.

 Inner City Press back on March 13 asked the US Attorney's Office Press Office for its filings not yet in the public docket.  Here is Inner City Press' Periscope video upon leaving the courthouse. The case is US v. Scott, 17-cr-630 (Ramos). 

***

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