SafeMoon
Karony in MDC
Brooklyn
Pleads Not
Guilty Now
Lawyer to
Leave When New
1 In
by
Matthew Russell Lee, Patreon Book
Substack
EDNY COURTHOUSE,
Jan 31 – On November 2, 2023
SafeMoon's trio were indicted
in the U.S. District Court for
the Eastern District of New
York. Inner City Press covered
it.
Prosecutors
charged Braden John Karony,
Kyle Nagy, and Thomas Smith
with conspiracy to commit
securities fraud, conspiracy
to commit wire fraud and money
laundering conspiracy for
their roles in defrauding
investors in a decentralized
finance digital asset called
“SafeMoon” Earlier
today, Karony was arrested in
Provo, Utah...
On November
3, Smith was arraigned, bond
document on Patreon here
....
On November 8,
EDNY prosecutors wrote
"seeking the detention of the
defendant Braden John Karony."
Full memo on Patreon here.
But Karony was
ordered free on bond, by
Magistrate Daphne A. Oberg
(whose previous freeing of
January 6 defendant John Earle
Sullivan Inner City Press
previously covered here).
The EDNY prosecutors have
written to the assigned
District Judge to appeal /
seek a stay, 6-page letter on
Patreon here.
On Sunday
November 12 Karony's lawyers
wrote in that "without more,
every U.S. citizen facing
criminal charges in the
digital asset space would be
detained through trial, in
effect establishing an
unrebuttable crypto
presumption." Full letter on
Patreon here.
On November 13,
Inner City Press live tweeted
the bail appeal in which
Karony was ordered detained
and to be brought to EDNY, thread
On November 22,
Karony's lawyers filed -
Letter on Patreon here.
On November 27,
the prosecutors replied that
transport will take the time
it takes, and there is no
basis for release. Letter on
Patreon here.
Late on November
29 the EDNY US Attorney's
Office filed its discovery
list, on Patreon here.
In the run
up to an EDNY appearance by
co-defendant Smith, the US
Attorney's Office on December
5 disputed Karony's lawyers'
characterization of their
position. Email on Patreon here.
Inner City Press
called in to District Judge
Komitee's proceeding, but
heard only lawyers on hot mic.
The next day, it was docketed
that the hearing - no public
access, despite it being by
phone? - was before a
Magistrate Judge: "Minute
Entry for proceedings held
before Magistrate Judge James
R. Cho: Government opposed the
bail package as stated on the
record." Was this an open
proceeding? Judge Komitee has
previously unsealed a
sentencing video after Inner
City Press' filing. But on
this, there may be no
remedy...
On December 18,
co-defendant Thomas Smith had
a new lawyer file a notice of
appearance in the EDNY case -
a Federal Defender, publicly
paid. On Patreon here.
Back on December
8 Judge Komitee signed an
order to move Karony from
Utah's Metro & Oxbow Jail
to the EDNY "forthwith," order
on Patreon here.
And weeks later,
Karony was appeared in the BOP
database as in MDC Brooklyn
for Christmas...
On December 28,
co-defendant Thomas Smith's
Federal Defender wrote in
seeking permission, with
prosecutors' consent, for him
to travel to Evans, Georgia -
for a training. Filing on
Patreon here.
On January 2,
Smith got the OK - and Karony
pleaded not guilty: "Minute
Entry for proceedings held
before Magistrate Judge Taryn
A. Merkl: Arraignment as to
Braden John Karony (1) Count
1,2,3 held on 1/2/2024,
Initial Appearance as to
Braden John Karony held on
1/2/2024, Plea entered by
Braden John Karony Not Guilty
on counts to all counts.
Defendant arraigned on the
indictment. Defender pleads
Not Guilty to all counts."
On January 31,
Karony's lawyers who said he
is not paying them were denied
permission to drop him for now
- until another lawyer,
perhaps CJA, steps in: "ORDER:
Defendant Karony's attorney
has moved [42] to withdraw as
counsel of record because of
its client's inability to pay.
"Non-payment of legal fees,
without more, is not usually a
sufficient basis to permit an
attorney to withdraw from
representation." In re Albert,
277 B.R. 38, 50
(Bankr.S.D.N.Y.2002) (quoting
In re Revere Armored, Inc.,
1997 WL 794460, at *3 (2d Cir.
Dec. 30, 1997). Nevertheless,
the court will consider -- and
likely grant -- counsel's
application for relief after
new counsel has entered an
appearance. If the defendant
lacks the ability to pay for
his defense, he should
complete the process of
applying for Criminal Justice
Act counsel with his current
lawyers' assistance. Ordered
by Judge Eric R. Komitee on
1/31/2024.
Inner City Press
will follow the case(s)
***
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