In
Felix Sater Almaty Case Lawyer
Retakes Stand to Talk Kazakh
Fees and Cyprus Deals
By Matthew
Russell Lee
SDNY COURTHOUSE,
June 24 –The City of Almaty in
Kazakhstan is active in the
U.S. District Court for the
Southern District of New York,
with at least two case before
SDNY Magistrate Judge
Katharine H. Parker.
Inner City Press
has covered the litigation
with Felix Sater, with another
proceeding coming up on August
23, 2022.
On August
16 in a related case, cross
defendant Mukhtar Ablyazov was
being described as a scoff law
with some sort of asylum in
France. He was, in fact, on
the line; he described himself
at the number one political
opposition leader in
Kazakhstan. His adversary
chided him for using the
proceeding to make political
speeches.
This case is City
of Almaty, Kazahkstan, et al.
v. Mukhtar Ablyazov, et al.,
15-cv-5345 (Koeltl / Parker)
Previously before
Judge Parker, Felix Sater was
asked if he remembered
election day 2016 as a notable
day.
It was "a
notable day for all
Americans," Sater replied,
smiling. Moments later when
the same lawyer, Matthew Lane
Schwartz of Boies Schiller
Flexner LLP began a question
about Sater knowing it is a
felony to lie, Sater shot
back, YOU know it is a felony
- until Judge Parker cut it
off.
Jump cut
to March 24, 2022 when Sater
had filed motions to extend
discovery and to join Arcanum
and the Republic of
Kazakhstan. Judge Parker
convened the parties in her
17th floor courtroom and Inner
City Press was there.
Sater's lawyer
said his client had initially
thought this was just a garden
variety commercial case.
Judge Parker
said, But it's about money
laundering. Is that garden
variety commercial?
Sater's
lawyer emphasized that Arcanum
was hired to find dirt, and
that should not be covered by
sovereign immunity. It emerged
Sater has filed discovery
requests about Robert Mueller.
Almaty,
Kazakhstan through Boies
Flexner said Sater had been on
notice and it is too late.
Judge Parker took the motions
under advisement.
On May 9 the
(re-) assigned District Judge
John G. Koeltl adopted the
report by Magistrate Judge
Parker denying Sater's request
to amend and add claims
against Kazakhstan and
Arcanum. Full order on Patreon
here.
Back on
October 7, 2020 Judge Parker
held another discovery
conference in the case. Inner
City Press covered it. It
emerged that a September 30
deposition of Sater had to be
called off when he traveled to
Guyana and said he had no
Internet there.
Jump cut to
December 20 when District
Judge John G. Koetlt to whom
it was reassigned when Judge
Nathan was promoted to the
Second Circuit set a trial
date: "ORDER: As discussed at
the conference held today, the
trial in this matter is
scheduled for June 10, 2024,
at 9:00 a.m."
On May 16 in the
run-up, this: "JOINT PRETRIAL
ORDER The Sater Defendants do
not intend to dispute many of
the arguments made regarding
the underlying business
transactions referenced by
Plaintiffs in their complaint.
The position of the Sater
Defendants is that the
critical point of this trial
will be the validity of the
release. This matter can be
resolved in no more than 2
(two) days of trial.
On June 10,
Sater's lawyer wrote in that
"Defendant Felix Sater
respectfully moves in limine
to preclude Plaintiffs from
introducing evidence of
Sater’s criminal conviction,
entered 15 years ago, and
relating to criminal conduct
from the 1990s." Full letter
on Patreon here.
Later on June 10,
amid jury selection,
plaintiffs insisted they want
the racketeering in - while
noting an earlier Sater
conviction for assault. They
oppose Sater being able to
present information about
helping the US government,
Buzzfeed say he tracked Osama
Bin Laden.
On June 11, after
the jury was selected and the
plaintiffs' opening, with
Inner City Press present,
defense counsel told the eight
jurors - six plus two
alternates - that if they find
that the claims were released,
or that they are time barred,
Sater wins. He mocked Mr.
Schwartz for showing a photo
of Sater "with side glance" -
at defense table Sater scoffed
or laughed, or perhaps winced.
Defense counsel
emphasized that Sater tried to
help the plaintiffs get their
money back.
On June 12,
jurors were shown video of Mr.
Schwartz questioning Khrapunov
about Petelin paying so that
his name would not appear in
litigation.
On June 13, an
expert was on the stand to
authenticate Khrapunov's
signature on a letter.
Meanwhile, Judge Koeltl denied
the motion for judgment on the
pleadings by MeM Energy
Partners.
On June 14, MeM's
lawyer cross examine BTA
Bank's consultant-not-lawyer,
thread
On June 20, the
defense case began with Sater
former lawyer Robert Wolf on
the stand, under subpoena.
Wolf says he
socialized with Sater, family
vacations together.
Sater's lawyer: I
show you the Confidential
Assistance Agreement [of
2015]. Who drafted it? Wolf:
One of my corporate partners
at Moses & SInger.
Sater's lawyer:
You were aware Mr Sater did
business with the Khraponovs,
about US real estate?
Wolf: Yes
Meanwhile Sater
submitted to the court a 2013
La Stampa Moninari interview,
that "the deportations
happened because the dictator
of Kazakhstan wanted two
hostages against his major
political opponent."
On June 21,
Mochkin then Sater again
testified, Inner City Press
was there, thread.
On June 24,
Sater's lawyer Wolf was back
on the stand, from the thread:
now in Felix
Sater case, his ex-lawyer Wolf
is back on the witness stand.
Counsel: Isn't it true that a
Federal judge found that you
like to Mr. Schwartz?
Wolf: It was
quite troubling after 41 years
of practice, I found it
irresponsible by the judge, I
was just a witness in a
sanctions hearing against your
firm Boies Schiller
Sater's lawyer:
Mr. Wolf, look at the invoice.
Plaintiffs' 1051. Robert S.
Wolf, that's you? Wolf: Yes.
Sater's lawyer: You've
represent Mr. Sater many
times? Wolf: Yes. Sater's
lawyer: Is it possible the
June 5 meeting was billed
under another client matter?
Wolf: I
don't recall. The Kazakhs had
agreed to pay the fees.
Sater's lawyer: You had a call
on June 2 regarding Cyprus?
Wolf: That's what it says.
Sater's lawyer: In June 2015
there was urgency to move
forward? Wolf: Yes, to reach
an Assistance Agreement
Wolf: I'm
sorry if I didn't answer
completely. Sater's lawyer:
No, you did great. Judge:
Stricken.
more on X for
Subscribers here,
Substack here
The witnesses,
and some tweets from the
streets, are on.
The case is City
of Almaty, Kazakhstan et al v.
Sater et al., 19-cv-2645
(Koeltl
/ Parker).
***
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