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On Polar Air Cargo Fraud Charge Winkelbauer Got 4 Years Now Co-D Xu Pleads Guilty

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 22 – The US Attorney's Office announced on April that it had charged Pat Lau and others "in connection with a massive scheme to defraud Polar Air Cargo Worldwide, Inc., a leading cargo airline, of tens of millions of dollars in revenue and the honest services of its employees." 

  On April 12, 2023, U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave held a presentment of and bail hearing on Lau. Inner City Press went and covered it. 

  The Assistant US Attorney announced they had agreed to release Lau on $250,000 unsecured bond, with travel including Connecticut, where Lau owns a business.

He will have to turn in his Hong Kong ID card on April 13. The next date is May 4 before the assigned District Judge Jesse M. Furman. 

Jump cut: A change to plea (to guilty) proceeding for Lau was scheduled for January 23, 2024 at 3 pm.

 From the announcement: "the unsealing of a four-count Indictment charging LARS WINKELBAUER, ABILASH KURIEN, CARLTON LLEWELLYN, ROBERT SCHIRMER, SKYE XU, BENJAMIN WEI, a/k/a/ “Ben Wei,” ALVARO LOPEZ, FABIOLA CINO, ORLANDO WONG, and PATRICK LAU, a/k/a “Pat Lau,” in connection with a massive scheme to defraud Polar."

On August 2, Judge Furman docketed that he referred to presentment and arraignment of Lars Winkelbauer, now in from Thailand, to the duty Magistrate Judge (this week, James L. Cott), with a pre-trial conference set for July 23, 2024 at 3 pm and FIRM trial date October 28, 2024.

On August 3, Judge Furman responded affirmatively to a US request that, with its bail agreement for $750,000 bond secured by $100,000 cash, a certified check be accepted by the clerk even if Winkelbauer is not presented under after 5 pm on August 4" - to avoid spending the weekend in jail. Letter on Patreon here

Inner City Press in its August 3 story asked, Bailing a defendant who had to be extradited in? Risk of flight?

On August 4 at 5 pm Inner City Press was there, the only media in the Mag court - and it happened, he was released. Thread

On August 10, Winkelbauer's lawyers wrote to Judge Furman that on August 11 he "will be residing in the Western District of Louisana." This was granted, despite a reminder to provide 48 hours notice.

On October 18, it emerged that co-defendant Schirmer is moving toward a guilty plea: "SCHEDULING ORDER as to Robert Schirmer: The Court has been advised that the Defendant may want to enter a change of plea. Accordingly, the parties shall appear for a conference with the Court on October 24, 2023 at 11:00 a.m."

Then on October 23, another domino: "SCHEDULING ORDER as to (23-Cr-133-6) Benjamin Wei. The Court has been advised that the Defendant may want to enter a change of plea. Accordingly, the parties shall appear for a conference with the Court on October 26, 2023 at 2:15 p.m."

On October 24, Schirmer followed through: "guilty plea today of ROBERT SCHIRMER in connection with a massive scheme to defraud Polar Air Cargo Worldwide, Inc. (“Polar”), a leading cargo airline, of tens of millions of dollars in revenue and the honest services of its employees. SCHIRMER is scheduled to be sentenced on February 13, 2024, at 3:00 p.m"

Schirmer's plea agreement has a sentencing guideline of 46 to 57 months.

On November 6, Alvaro Lopez showed up unannounced in Magistrates Court to plead guilty. Inner City Press was there. It was read in open court that he might get a cooperator's 5K letter, after the October 2024 trial. His wife pled guilty after him.

On December 27, former AUSA counsel to Fabiola Cino wrote in that the SDNY US Attorney's Office is fine with Ms. Cino traveling to Lima, Peru from January 12 to 26 to attend to her parents.

On January 5, another guilty plea and delayed sentencing in the case: "Minute Entry for proceedings held before Judge Jesse M. Furman: Change of Plea Hearing as to Orlando Wong held on 1/4/2024. Defendant present (on bail) Waiver of Indictment signed by defendant. S5 Superseding Information filed. Defendant withdraws previously entered not guilty plea and enters a plea of GUILTY to Counts 1-3 of the S5 Information. Sentencing control date: 11/8/2024 at 3:00 pm. The Governments sentencing submission is due two weeks before sentencing. Defendants sentencing submission is due one week before sentencing. (ab)

On January 9, 2024, another co-defendant got his sentencing (much) delayed: "as to Benjamin Wei (6) on [177] LETTER MOTION re Adjournment of February 2, 2024 Sentencing Date: Application GRANTED. The sentencing control date is hereby ADJOURNED to November 8, 2024, at 3:00 p.m. The Clerk of Court is directed to terminate Doc. #177. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/8/2024)." Are these all just control dates?

On February 16, 2024, the lead named defendant prepared to plead guilty: "SCHEDULING ORDER as to Lars Winkelbauer: The Court has been advised that the Defendant may want to enter a change of plea. Accordingly, the parties shall appear for a conference with the Court on February 29, 2024 at 10:00 am."

On February 28: "before Judge Jesse M. Furman: Change of Plea Hearing as to Abilash Kurien held on 2/28/2024. S8 Superseding Information filed. Defendant withdraws previously entered not guilty plea and enters a plea of GUILTY to Count 1 of the S8 Information. PSR ordered. Sentencing is scheduled for 7/23/2024 at 2:30 pm"

On February 29 "WINKELBAUER pled guilty today to conspiracy to commit wire fraud and money laundering before U.S. District Judge Jesse M. Furman, and KURIEN pled guilty yesterday to the same offense."

On May 17, Winkelbauer asked for a 24 month sentence, with the date set for May 30.

On May 21, an 18 month sentence was imposed on co-defendant Patrick Lau: "JUDGMENT IN A CRIMINAL CASE as to Patrick Lau (10). Date of Imposition of Judgment: 5/21/2024. The defendant pleaded guilty to Count Count 1s of the S7 Information. Imprisonment: 18 months; Supervised Release: 3 years; Restitution: $6,108,849.00 (Signed by Judge Jesse M. Furman on 5/21/2024)."

On May 23, the US Attorney's Office asked for 60 months on Winkelbauer, set for sentencing on May 30.

On May 30, Winkelbauer got 48 months, minus his time in detention in Thailand: "JUDGMENT In A Criminal Case (S9 23-Cr-133-1). Date of Imposition of Judgment: 5/30/2024. Defendant Lars Winkelbauer (1) pleaded guilty to Count(s) 1s, of the S9 Information. Count(s) All open counts are dismissed on the motion of the United States. IMPRISONMENT: 48 months (with the understanding that the defendant will be credited by the BOP for his time in custody in Thailand)"

On August 13, co-defendant Robert Schirmer asked for a non-custodial sentence of home detention.

On August 27 Schirmer was sentenced: "Robert Schirmer pleaded guilty to count 1 of the S1 Information. All open counts are dismissed on the motion of the United States. IMPRISONMENT: 18 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to low security at FCI Butner, if possible, to maintain his family ties. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 10/10/2024. SUPERVISED RELEASE: 3 years during which you are to perform 200 hours of community service as approved by Probation. See ADDITIONAL SUPERVISED RELEASE TERMS. ASSESSMENT: $100.00 due immediately. RESTITUTION: $9,340,729.00."

On September 17 the US Attorney's Office wrote in asking for a year and a day on co-defendant Llewellyn.

A week later, he got six months: "as to Carlton Llewellyn (3). THE DEFENDANT: pleaded guilty to count 1 of the S6 Information. Counts All open counts are dismissed on the motion of the United States. IMPRISONMENT: 6 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to FCI Otisville Camp if possible; if not, it is recommended that he be incarcerated in a facility as close to NYC as possible (but NOT the MDC) to maintain his family ties. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 1/15/2025."

On October 1, "ABILASH KURIEN was sentenced to 32 months in prison by U.S. District Judge Jesse M. Furman in connection with a scheme to defraud" Polar of more than $32 million dollars in revenue.

More including comparisons on Substack here

On Saturday, October 19 co-defendant Mr. Skye Xu who had been preparing to go to trial wrote in through counsel to Judge Furman says he intends to plead guilty to counts 1 through 4 as the earliest convenient date.

And it happened fast, on October 22: "Change of Plea Hearing as to Skye Xu held on 10/22/2024. Defendant present (on bail), withdraws previously entered not guilty plea and enters a plea of GUILTY to Counts 1, 2, and 4 of the Indictment. PSR ordered. Sentencing is scheduled for 2/25/2025 at 3:00 PM."

Watch this site.

The overall case is US v. Winkelbauer, et al., 23-cr-133 (Furman) 

***

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