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Federal Case Dropped Against Defendant For False Passport & SNAP Applications in SDNY

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 21– A man knows as First Name Unknown Last Name Unknown appeared in court with two US Marshals on March 23, 2023, for his trial date to be set. 

   U.S. District Court for the Southern District of New York  Chief Judge Laura Taylor Swain held the proceeding. Inner City Press went and covered it.  

 The case was called: US Against Fuh-new Luh-new. The complaint, filed in late 2021, is that FNU LNU stole another's identity to take money from Medicare, Medicaid and SNAP, and to apply for a passport.

He also faces an aggravated identity theft charge, which would require a two years consecutive sentence. 

 He has gotten Simpson Thatcher, and a lawyer who until recently was with the SDNY US Attorney's Office.

They were offered a May or June trial, but said they'd like until November. Another judge may or will be assigned for trial, and perhaps the pre-trial motions, given the Chief Judge's duties with regard to the Puerto Rico restructuring.  

On March 29, the case / trial was reassigned to Judge Sidney H. Stein.

 Previously, a November 13 trial date was selected - between the AUSA's September (Judge Berman) and December (Judge Failla) trials -- with motions due June 1 and a conference, somewhere, set for June 6.

On April 10, Judge Stein held a conference and moved the trial up to October 16, leaving the June 1 motion deadline and June 6, 11:30 am conference - but declining to exclude Speedy Trial Act time to October, only to June. He asked defense counsel how much time they are going to put into this case of Mister La-new.

On August 7, LNU's counsel at Simpson Thacher docketed a letter that they intend to introduce expert evidence relating to a mental disease, defect, or mental condition of the defendant bearing on the issue of guilt."

On November 21, the US Attorney's Office submitted, and Judge Stein signed, a "nollo prosequi" - the case is dropped: "NOLLE PROSEQUI ENTERED as to FNU LNU a/k/a "Ricardo Hernandez," a/k/a "Herbeth Willfredo Giron Diaz." FNU LNU (1) Count 1,2,3,4,5,6. SO ORDERED: (Signed by Judge Sidney H. Stein on 11/21/2023)."

The case was US v. LNU, 22-cr-16 (Stein)


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