Extra: Ex FBI McGonigal Pled Now Shestakov Trial Delayed to Feb 2025 Amid Discovery Disputes

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By Matthew Russell Lee

SDNY COURTHOUSE, July 23 -  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.

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

And below, the Nov 30 request for no jail time

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]

Plea agreement letter on Patreon here.

On November 30 McGonigal's counsel Seth DuCharme submitted partially redacted letters and a sentencing memo asking for a "non-custodial sentence" - that is, no jail time. Former FBI Thomas S. Shaughnessy recounts McGonigal "saving" an FBI field agent named Mike, no last name, "rough as a cob with a true potty mouth."

He also recounts McGonigal giving "Angry Kevin" the "Bradley Manning / Julian Assange case ('Wikileaks') and that case made Kevin's reputation." Letter on Patreon here.

On December 7, the US Attorney's Office wrote in and request a sentence of 60 months, and a $200,000 fine.

Some of the letters are touching. Sentencing was set for December 14 at 1:30 pm.

Inner City Press live tweeted it, thread.

Later the surrender date was moved to March 18 - and on March 12, McGonigal's counsel wrote in to request another 11 week extension, letter on Patreon here.

On March 18, Judge Rearden extended McGonigal's surrender date to June 3, 2024.

  On May 28 Seth DuCharme filed a redacted letter seeking to file a motion under seal, Inner City Press tweeted a screenshot. Then the redacted request for delay was denied. Letter and denial on Patreon here.

Meanwhile on co-defendant Sergey Shestakov, Judge Readren held a conference on March 22. Inner City Press covered it, here:

 McGonigal's co-defendant Sergey Shestakov has a hearing - Judge wants trial to remain June or August, says there is a public interest in moving forward. Judge: So, August 6 is trial. And I'll name an additional CJA counsel to assist

But on July 23, amid acrimonious discovery disputes, that trial was pushed all the way back to February 10, 2025. Inner City Press was there, from the thread:

Defense: They have McGonigal's laptop, we want it. They oppose our subpoena to the NSA. They want to put in statements by Mr. Fokin - so have they wiretapped him on other occasions?

AUSA: Discovery is not a fixed in time thing... Defense: This is a mealy mouthed answer. NSA and CIA have information material to our defense.

Judge: OK, we are adjourning the trial. CIPA conference(s) August 7, 3 to 5 pm.

And then the trial was pushed all the way back to February 10, 2025

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