In Eaze - and Wirecard? - Trial of Weigand and Akhavan Defendants Say Banks Knew It All
Meanwhile in SDNY, another defendant pleading guilty said he'd smoked a bowl the day before, plea proceeding almost fell apart. See InnerCityPress.com
By Matthew Russell Lee, PatreonPodcast
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, March 1 – The trial of US v. Weigand and Akhavan began before Judge Jed S. Rakoff in the U.S. District Court for the Southern District of New York on March 1. Inner City Press, which has been covering the case including its Wirecard aspects, live tweeted it, here:
Assistant US Attorney: You're going to hear a lot about a company these two men were lying for. It is called Eaze . It is a marijuana company. It marketed itself as the Uber of pot. But it wanted its customers to be able to use credit cards. But it had a problem
AUSA: These purchases are still illegal under Federal law. So these two men offered to trick US credit card companies and banks. They lied. They created layer upon layer of lies.
AUSA: You're also going to here about credit card networks. Visa and MasterCard are at the center. They set rules that banks have to follow. The merchants work with merchant banks. Then you have card-holder or issuing banks. You might have a BofA card, or Wells
AUSA: They claimed they were selling organic face cream. But it was a lie. Step 3 - the defendants hid transactions in the VISA and MasterCard network. The goal was to prevent the banks from understanding the true nature of the transactions.
AUSA: The card holder banks wanted to know who they were doing business with. But they were tricked, for transactions worth at least $150 million. That is the scheme. Let's start with Hamid Akhavan, or Ray. He was the leader. He hired a team to purchase shell companies.
AUSA: Akhavan brought in Weigand, who had connections with the overseas merchant bank accounts. The defendants are charged with one count of conspiring to commit bank fraud. We have Weigand's computer from when he was arrested. It shows the fraud. AUSA: You will hear from the former CEO of Eaze [that's Patterson, just pled guilty with a cooperation deal just before trial]. You will also hear from someone who set up the fake companies, fake websites, fake traffic
AUSA: @eaze 's former CEO hopes to receive leniency at sentencing for his testimony. So you should scrutinize it. I'm going to sit down... The defendants are guilty. Defense lawyer: Who are the supposed victims? Not the card holders...
Defense lawyer: The big banks just want plausible deniability. They continue to this day, to this day, selling marijuana using debit cards. The banks did not lose one cent. Marijuana sales are legal in California and Oregon, where these transactions took place.
Defense lawyer: Look at the form they have people sign: You will not use your card for transaction that are illegal. But it's legal in California and Oregon. And there's not mention of marijuana in these credit card contracts. Gambling yes, marijuana no
Defense lawyer: As the prosecutor said, there will be an Eaze witness with a cooperation agreement. [Patterson] You will learn that two others still work at Eaze. They haven't been fired. They're still there. Eaze still doesn't use a code for marijuana
Defense lawyer: There was another man, Oliver, who set up these websites after he was already cooperating with the government. There is an objection; overruled. Defense lawyer: Sorry for putting my head out [of the plexiglass counsel's box], I couldn't hear you
2d Defense lawyer (for Weigand) - You can still use a credit card to buy marijuana through @eaze . As far as Reuben is concerned, his focus was not on Eaze but on Europe and the merchant banks in Europe, not US issuing banks.
Weigand's lawyer: So how is he here? He was headed to vacation in Costa Rica, connecting flight in LA, he was arrested by FBI. Before Reuben, Eaze was a Silicon Valley darling, the Uber of pot. It had big money investors, who wanted it to use credit cards.
Weigand's lawyer: Reuben is from Germany. He ran a company called Payment Consultants-- AUSA: Objection! Judge Rakoff: Sustained. Weigand's lawyer: He traveled to a trade show in the US, at Ray Akhavan's office.
Judge Rakoff (to jury) - Both sides are predicting different things you'll hear in the evidence. This is just supposed to give you an overview. Counsel, I'd suggest you trim your remarks a little bit. D: The merchant banks in Europe were accepted by Visa and MC
Weigand's lawyer: How can you defraud someone you're not even thinking about? Reuben Weigand is not guilty. Judge Rakoff: OK, ladies and gentlemen, I'll see you tomorrow. But wait there's more: with jury done, Judge Rakoff is taking up some objections that were made. AUSA: The evidence of what Mr. Weigand said on that particular call is just hearsay. Judge Rakoff: The cooperator was being asked to elicit incriminating statements
Judge Rakoff: ...and lo & behold, there was nothing incriminating. Why isn't that admissible?
AUSA: The government has not intend of introducing those calls. Judge Rakoff, final quip: There's no juror who has other than total devotion to hearing your testimony
The case is US v. Weigand, 20-cr-188 (Rakoff).
Some background: After Eaze ex-CEO Pled Before Wirecard Linked Trial Now US Says No Order to Forfeit
By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, Feb 26 – Hamid "Ray" Akhavan and Ruben Weigand are charged with a "scheme to deceive US banks into processing in excess of $100 million for marijuana products."
On January 7, Akhavan and Weigand had a proceeding before U.S. District Court for the Southern District of New York Judge Jed S. Rakoff, covered by Inner City Press, below. Their trial starts March 1 - with Eaze's James Patterson cooperating, see below.
Now on February 25, Judge Rakoff has reversed his order allowing Akhavan to be on release for the trial: "MEMORANDUM ORDER as to Hamid Akhavan. At the request of counsel for defendant Hamid ("Ray") Akhavan, this Court long delayed the transfer of Akhavan from California to New York so that his California-based counsel could have freer access to him while preparing for trial. Based on these conversations, the Court has concluded that Akhavan's further requested accommodation cannot be granted. There is no longer enough time for Akhavan to properlyquarantine and test for COVID-19 following his release, without jeopardizing the health and safety of others. must remain in custody at the MCC. The Court expects that the MCC and the U.S. Marshals Service will permit Akhavan's counsel to consult with him regularly before and during trial, and the Court is confident that defense counsel will promptly bring to the Court's attention any unreasonable obstacles counsel encounters in that regard.For the foregoing reasons, the Court hereby rescinds itsMemorandum Order, ECF. No. 150, permitting Akhavan's temporary release pending trial, and remands Akhavan to the custody of the U.S. Marshals."
On February 23 Weigand filed a Speedy Trial Act motion to dismiss the indictment against him, noting that "[a]s of February 9, 2021, more than 70 days of non-excludable time elapsed since Mr. Weigand's initial appearance in this District."
SDNY Chief Judge Colleen McMahon, like her colleagues in other Districts, issued COVID orders excluding time in all criminal cases. Perhaps this motion is to set up one of one expects more issues for possible appeal. Watch this site.
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