Citing
McGonigal
Discovery Was
Sought From ex
FBI Rossini
now UK Case
Settled so
Over
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
March 3 –
The indictment
of ex-FBI
agent Charles
McGonigal
in U.S.
District Court
for the
Southern
District of
New York was
echoed on
February 13 in
a discovery
teleconference
in a
proceeding for
an order under
28 USC Sec.
1782 to
conduct
discovery.
At
issue are or
were documents
as to which
another former
FBI agent,
Mark Rossini,
is asserted
the Fifth
Amendment
privilege
against self
incrimination.
While
he faces
unrelated
charges in the
District of
Puerto Rico,
he resisted
some
deposition
questions, and
is withholding
documents.
SDNY
Magistrate
Judge Robert
W. Lehrburger
asked
pointedly if
this assertion
meant that
anyone who did
business with
a Russian
oligarch, here
Oleg
Deripaksa,
could invoke
the Fifth
Amendment.
Counsel for
Rossini said
maybe he got
too far over
his skis.
Judge
Lehburger
agreed - but
also agreed to
review the
documents at
issue in
camera.
Rossini's
lawyer said he
has a trial in
60 Centre
Street and can
walk the
documents over
to
Chambers.
The
case also
seeks
discovery from
Aviran Azari,
who's guilty
plea Inner
City Press covered,
as it will his
upcoming (long
delayed)
sentencing.
On
February 21, Magistrate
Judge Lehrburger
ruled the
privilege log
must be
produced in a
week: "by
February 28,
2023, Rossini
must produce a
privilege log
for those
documents
providing the
information
required by
the Federal
Rules of Civil
Procedure. The
Clerk of Court
is
respectfully
requested to
terminate the
motion at
Dkts. 18 and
28. SO
ORDERED.
(Signed by
Magistrate
Judge Robert
W. Lehrburger
on
2/21/2023)."
On March 3,
counsel wrote
to Judge
Lehrburger
that "the
underlying
matter pending
before the UK
courts that
gave rise to
this
application
has been
settled and
thus
Petitioners voluntarily
withdraw this
application."
This case is,
or was,
In Re:
Application of
Forensic News
LLC and Scott
Stedman,
22-mc-229
(Carter /
Lehrburger)
***
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