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Ex FBI McGonigal Pleads Guilty to Deripaska Aid and Money Laundering, 57 - 60 Month Deal

By Matthew Russell Lee, Patreon Worth St Video

SDNY COURTHOUSE, Aug 15 -  In the U.S. District Court for the Southern District of New York, an arraignment was held by Magistrate Judge Sarah L. Cave former FBI agent Charles McGonigal, for helping Russian oligarch Deripaska in violation of US sanctions, and money laundering.

 McGonigal, who'd hired former US Attorney for the Eastern District of NY Seth duCharme, pled not guilty and was given a $500,000 personal recognisance bond bail deal. Thread below. He has also been indicted in the District for the District of Colombia.

SDNYAugust 15, 2023 guilty plea proceeding, thread here:  (and video afterward here)

All rise!

Judge Rearden: It is my understanding Mr. McGonigal wishes to plead guilty to an information and waive his right to indictment. Is that correct?

DuCharme: Yes.

 Judge: The superseding information charges you with one count... conspiring to violate IEEPA [sanctions] and money laundering. [The initial indictment had 5 counts: 2 sanctions counts, 2 money laundering counts, and a false statements charge]

 AUSA: Here, there were two objects of the conspiracy: violation of IEEPA... and money laundering.

 Judge Rearden: You are being prosecuted for a separate offense in the District of Colombia. Do you understand that any sentencing could be consecutive? McGonigal: I do.

 Judge Rearden: I have here a copy of the plea agreement letter dated July 14, 2023, signed by you Mr. McGonigal today, correct? McGonigal: Yes, your Honor.  Judge Rearden: You and the US have agreed how the Sentencing Guidelines apply to your case...

Judge Rearden: You have agreed not to appeal any sentence below 57 to 60 months, correct? McGonigal: Yes, your Honor. Judge Rearden: The guidelines are actually 57 to 71 months. But the statutory maximum is five years or 60 months...

 Judge Rearden: The agreements provides that the Office will not further prosecute Mr. McGonigal for IEEPA acts in 2021, except for tax charges... Has anyone threatened you to sign this plea agreement? McGonigal: No.

 Judge Rearden: Tell me what you did. McGonigal: Thank you for finally allowing me to be heard. It has been a painful process. I appear before you to reflect on this entire situation. I am remorseful. I never intended to hurt the US, the FBI, my family and friends

McGonigal: I agreed to collect open source information about a business competitor of Oleg Deripaska, to try to put him on the US sanctions list. I knew that it was wrong. I want to thank you for treating me fairly.

 [His voice breaks]

 Judge Rearden: What is the government's evidence? AUSA: Records demonstrating that Oleg Deripaska was on the sanctions list, and the Mr. McGonigal attempted to get him removed from that list. He had no OFAC license to perform these services.

 AUSA: There would be photos of meetings including Shestakov and Deripaska's agent in Manhattan. Money was transferred via shell companies to McGonigal. Judge Rearden: Do you plead guilty? McGonigal: I do. Judge: I accept your guilty plea. Sentencing Dec 14, 1:30

 AUSA: We understand Mr. McGonigal may intend to use some classified information in his sentencing submission -- Judge Rearden: How would so do that - have the sentencing in the SCIF? DuCharme: There may be material things about the work he has done for the US

 DuCharme: We'll proffer to the US what we'd include in a supplemental classified sentencing submission. Judge: Bail conditions are continued. We are adjourned.

Plea agreement letter on Patreon here.

For weeks, a media spotlight has been on Manhattan District Attorney Alvin Bragg, including photographers waiting on Hogan Place and demonstrators on both sides in Collect Pond Park. 

 On April 11, Bragg reached south of Worth Street and filed suit in the U.S. District Court for the Southern District of New York, using an outside law firm, Gibson Dunn & Crutcher LLP. 

  Bragg sued not only Rep. Jim Jordan and his Committee but also his office's former prosecutor Mark Pomerantz, stating that "Mr. Pomerantz' book did not and could not waive any privilege belonging to the DA's Office."   

 Among the relief requests is "enjoining Mr. Pomerantz's compliance with the subpoena."  

  The assigned District Judge later issued a scheduling order:  "The Court will hold a hearing on Plaintiff's motion on April 19, 2023 at 2:00 PM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse. (Signed by Judge Mary Kay Vyskocil on 4/11/2023)."  

  Inner City Press live tweeted it, thread here:

OK - now Bragg v. Jim Jordan argument  - Bragg wants to enjoin House subpoenas, incl of frmr ADA Pomerantz. 

All rise!

 Judge Vyskocil: Appearances, please.  Matthew Berry representing Jim Jordan... Todd Tatelman, for Congressional defendants... 

Bragg's lawyer: This court should enjoin this subpoena on Federalism grounds, would harm the State of NY and the DA

Bragg's lawyer Boutrous: We have Congress seeking to supersede both DA Bragg and Judge Marchan --

Judge Vyskovil: How? Boutrous: They are trying to conduct oversight. Judge Vyskocil: He's speaking generically. He lists 3 legislative purposes for the subpoena

Judge Vyskocil: They want to know if Federal funds are being used. Boutrous: We've already given that information. Judge Vyskocil: Then it will be a short deposition. Hasn't there been a waiver of privilege,

Judge Vyskocil: Let's go back to the book. Boutrous: I knew you'd ask me about it... The Mazars decision really changed things. It didn't get enough play --

Judge Vyskocil: There's politics going on on both sides here, right? Boutrous: I don't concede that

Ms. Dubeck, how has the privilege not been waived in the book? Dubeck: It's the privilege of my office, not Mr. Pomerantz Judge Vyskocil: Have you read the book? Dubeck: Yes. Judge Vyskocil: Do you think it violated privileges?

Dubeck: Yes. And he has exposed himself to criminal liability under the City Charter. 2606 c - a misdemeanor, a former employee may not disclose

Jim Jordan's lawyer Berry: Their argument makes the reason for this legislative inquiry more pressing. Judge Vyskocil: But aren't you making it more political, too?

Berry:  The current president could be prosecuted too. There is a Federal legislative interest Jordan's lawyer

Boutrous: We are no longer seeking to block future subpoenas. It is unprecedent for them to come after a local prosecutor --

Judge Vyskocil: It is unprecedent for a local prosecutor to indict a former president, correct?

 Boutrous: We'd like time to seek a stay, if you rule against us. Judge Vyskocil: You started this ex parte, you filed an unauthorized reply brief. The timing is what it is. My intent is to rule asap

Bragg's lawyer: We'll await your ruling. Jordan's lawyer Berry: Congress has the right to investigate expenditure of Federal funds. Congress has the power of the purse. That's all I have.

Judge Vyskocil: I will get a decision published asap.

The case is Bragg v. Jordan, et al., 23-cv-3032 (Vykocil)

More including analysis on Substack here


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