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Attorney Steering Prosecution
Judge Set November 13 Trial now
Bid for Waiver of FRP
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 22 – On a daily basis,
defendants are brought into
court and either get appointed
counsel or choose to pay a
private attorney, if they can.
But this system
can be gamed.
March 30, 2023 saw "charges
against DIONISIO FIGUEROA,
a/k/a “Dionicio,” an employee
of the United States District
Court for the Southern
District of New York (“the
SDNY District Court”), and
TELESFORO DEL VALLE, JR.,
a/k/a “Ted,” a criminal
defense attorney practicing in
the SDNY District Court and
elsewhere, for their
participation in a scheme in
which FIGUEROA referred
criminal defendants to DEL
VALLE and encouraged those
defendants to retain DEL VALLE
as counsel in exchange for
cash payments from DEL VALLE
to FIGUEROA. FIGUEROA
was arrested, and DEL VALLE
surrendered earlier today, and
both will be presented before
United States Magistrate Judge
Andrew E. Krause in the SDNY
District courthouse in White
Plains, New York."
Inner City
Press, which closely covers
the Magistrate Court, had in
2022 reported the
investigation against Del
Valle, and on March 30
wondered why the defendants
were presented in White
Plains.
On April 10, U.S.
District Court Judge Mae A.
D'Agostino set a November 13
trial date.
On May 22, the
Federal Defender's office for
the Northern District of New
York wrote to Judge D'Agostino
in Albany asking that the
requirement of a financial
responsible person as
co-signer be waived, as
Figueroa while living in East
Harlem with people of "modest
means" is barred from speaking
with SDNY employees who might
co-sign.
On April
14, Figueroa's conditions were
slightly modified: "ORDER as
to Dionisio Figueroa: ORDERS
that the Government's motion
to modify Defendant's bond
(Dkt. No. 25) is GRANTED; and
the Court further ORDERS that
the March 30, 2023 Order on
the conditions of release is
amended as follows: (1)
Section (7)(g) of the
"ADDITIONAL CONDITIONS OF
RELEASE" is modified to state
that the Defendant must "avoid
all contact, directly or
indirectly, with any person
who is or may be a victim or
witness in the investigation
or prosecution, including:
CODEFENDANTS OR
COCONSPIRATORS. "Witnesses"
here includes current or
former clients and current or
former employees of Mr. Del
Valle, and current or former
employees of the U.S. District
Court for the SDNY, except
that Defendant may receive
official correspondence from
the Clerk of the Court and the
Court's Human Resources
Department; and he may
communicate with the same
regarding any official matters
that are related to his
employment and unrelated to
the facts of this case."; and
(2) that all of the other
conditions of bail set forth
in the March 30, 2023 Order
are to remain the same and in
full force and effect. (Signed
by District Judge Mae A
D'Agostino on 4/14/2023)."
The case is US v.
Figueroa et al.. 23-cr-161
(D'Agostino)
***
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