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By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Sept 18 – Suresh Munshani was on trial for keeping money given to him by his brother Suni Munshani who has pleaded guilty to stealing from his employer, Protegrity USA Inc.  Inner City Press covered the case.  

  On February 13, 2023 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff presided over closing arguments. Inner City Press went and covered it.  

The Assistant US Attorney said Sunesh kept easy money for doing no work, that he must have known it was stolen money.  

The lead defense counsel, with many notes passed up from the defense table, said the case was only circumstantial.

The rebuttal summation began, with a crowd gathered outside the courtroom for unrelated proceeding.

  February 14 saw the legal instructions, and  the verdict: "a jury returned a guilty verdict today against SURESH MUNSHANI on charges of conspiracy to commit wire fraud and conspiracy to commit money laundering.  MUNSHANI is scheduled to be sentenced on May 10, 2023, by U.S. District Judge Jed S. Rakoff, who presided over the one-week trial."

On May 3, the US asked for a sentence of 30 months, less than the guideline of 57 to 71 months, but more than Probation's recommendation of a year and a day.

On May 8, Suresh Munshani replied "there is no universe in which Suresh deserves a prison sentences just 29% short than his older brother... the 'leaders and primary beneficiary' of the conspiracy."

Before the May 10 sentencing, this one from April 7, announced by SDNY on April 10: "SUNI MUNSHANI, the former Chief Executive Officer of a Connecticut-based technology company (the “Victim Company”), was sentenced to 42 months in prison for his participation in a scheme to defraud the Victim Company of millions of dollars."

And Suresh got nine months: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 5/10/2023 for Suresh Munshani (2) Count 1s,2s. Present were the defendant and his counsel Kari Parks, Esq., AUSA Steven Kochevar and AUSA Timothy Capozzi for the Government, and a court reporter. Sentence: on counts 1 and 2: 9 months prison to run concurrent on both counts, voluntary surrender to the institution on 8/1/2023 by 2:00pm. 1 year supervised release on counts 1 and 2, all conditions on both counts to run concurrent. Dismiss underlying indictment. $200 assessment, $860,000 restitution joint and several with codefendant Suni Munshani, $150,000 forfeiture."

Jumping to 2024, on May 22 Suni Munshani was denied compassionate release. On June 26, an old letter from March 19 was belatedly docketed, saying that Munshani had not paid restitution other than an amount seized which "ha[d] yet to be paid over to Protegrity."

  On July 9 the US Attorney's Office wrote in deferring to Judge Rakoff, who has set a July 24 hearing.

Inner City Press was there - thread:

Judge Rakoff: The defendant is still unemployed. I am disappointed. He wants to go to India? Defense: Medical issues. Gastro, podiatry, colonoscopy, bone marrow scan. Internal bleeding is suspected. Judge: Symptoms? Defense: Fatigue and can't swallow J: India?

Defense: Cheaper medicine there. The blood medicine is $9000 a month - much lower in India. Judge: Has he even tried to get a job?

Defense: He's not welcome at broker dealers. He's never been a barrista, & it wouldn't move the needle Judge: How about a remote job?

Defense: He's trying to sell CISCO end of cycle products, routers and the like. But he has a lot going on.

AUSA: He has not paid a cent of the restitution. Probation: He has not shown interest in employment in the US. Defense: He owes six figures to my law firm

Judge: If he goes to India, I can't make him pay. The Court is being brushed aside. Defense: He's analytical.

Judge: We'll meet in 30 days.

Inner City Press was again there on August 28, thread:

OK - now thirty days later, defendant Munshani still opposes working 30 hours a week, wants to go to India.

Judge: That trip is not impeded by his health? Defense: It's cheaper in India. Here, he has no health insurance.

Defense: If you want to park him in a $20 an hour job, he could try. But. It would be better in India. Judge: I studied Indian history. There is a backlog of cases there, where he'd try to get his old company out of bankruptcy. Defense: We are appealing...

 Defense: Oral argument is in a month. If he loses, he will be deported. If he wins, he can stay, and travel back and forth to India.

 Judge Rakoff: Give me a plan; I'll rule by Sept 20. Adjourned.

On September 18, Judge Rakoff granted Munshani's request: "ORDER as to (22-Cr-215-2) Suresh Munshani. On September 6, 2024, defendant Suresh Munshani submitted a letter requesting that the Court amend the terms of his supervised release to permit him to travel to India for a period of thirty days in order to attempt to restart his business. The Government submitted a letter in opposition to the Court on September 13, 2024. Upon due consideration of the parties' written submissions, the Court hereby grants defendant's request. Only six months remain in defendant's period of supervised release. While there are risks that defendant may not return to the United States, the possibility of his becoming a more productive member of society -- as well as someone able to make greater restitution to his victims -- justifies this risk. Defendant must submit a copy of his travel plans, including both departure and return flight information, to the Court and to Probation before leaving the country. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/18/2024)."

The case is US v. Munshani, 22-cr-215 (Rakoff)

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