On OneCoin Scott Delayed Filing, Citing Jail Calls of Konstantin Whose Sentencing Pushed to May 12

The issue of Konstantin's late disclosed perjury and conversations on a contraband cell phone in the MCC have complicated even the sentencing of Mark Scott. Inner City Press is on the case(s)

By Matthew Russell Lee, Patreon Podcast Filing
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SDNY COURTHOUSE, Nov 12  -- For money laundering for scam crypto currency OneCoin, lawyer Mark Scott was convicted by a jury after testimony by Konstantin Ignatov and others but was allowed to remain free on bail pending sentencing. Sebastian Greenwood, meanwhile, is in detention in the MDC and will wait (at least) a year for a trial. David Pike got a lenient six to 12 month plea deal accepted on October 19, below.

 On September 21, 2021 there was a proceeding on and with Greenwood and Inner City Press live tweeted it here and below (and podcast here)

On October 16, Scott's lawyers told Judge Ramos, "the Government conceded that Konstantin had committed perjury with respect to one matter (his disposal of a OneCoin laptop), while arguing that there was no evidence that Konstantin had testified falsely on a second matter raised in Mr. Scott's motion: a supposed meeting involving Mark Scott and Irina Dilkinska at OneCoin's Sofia, Bulgaria offices on July 20, 2016. As previewed in our letter of October 1, 2021 (Dkt. 413), counsel for Mr. Scott received documentary evidence that Ms. Dilkinska was in fact in India at the time of the alleged Sofia meeting, which it has shared with the Government. The Government has advised that it is in the process of obtaining records from foreign authorities with respect to Ms. Dilkinska’s travels. The Government also disclosed on October 12, 2021 that Konstantin obtained and used a contraband cellphone while incarcerated at the MCC, that it was seized in late February 2020, and that the case team was informed of this a year ago, in October 2020. Mr. Scott seeks, with the Government's consent, a two week extension, until October 29, 2021, for the filing of his Reply Brief. The parties also request that the Court adjourn sentencing, currently set for November 9, 2021, until a date convenient for the Court in early December."

On November 12, Konstantin's sentencing was pushed back, way back: "Docket Annotation as to Konstantin Ignatov: Rescheduling Notice - The sentencing control date previously set for November 12, 2021 has been adjourned to May 12, 2022 at 2:30 p.m."

On October 19, Judge Ramos extended things: "MEMO ENDORSEMENT as to Mark S. Scott re: [417] Letter on extension... ENDORSEMENT: Mr. Scott's reply is now due October 29, 2021. Sentencing is adjourned to December 8, 2021 at 2pm."

But on October 29 Scott's lawyer asked for and got an extension to November 8, stating among other things that "last Thursday, the Government provided 10.1 GB from the contraband cellphone seized in February 2020 that Konstantin used while incarcerated" and saying, again, that Irina Dilkinska on July 20, 2016 was not in Sofia - but rather India.

On October 19, after many postponements, co-defendant David Pike finally pleaded guilty, albeit only to Count 1 of a superseding information. Inner City Press live tweeted it here.

 During the change of plea proceeding, Judge Ramos did not read out what the plea deal was, only that Pike had signed it, on August 21, 2021. But the deal is for (only) six to twelve months, and forfeiture of $2,099,330. It states name checks the Fenero Funds, not OneCoin.

Nor does this.

On October 6, the prosecutors asked for yet another delay on Gilbert Armenta, who as Inner City Press has exclusively reported continued his businesses during this time: "The parties write jointly to respectfully request an adjournment of the sentencing proceeding currently scheduled in the above-captioned case at 3:30 p.m. on October 13, 2021. The parties remain in continuing discussions regarding various forfeiture issues, among other sentencing-related issues. To permit the parties to continue engaging in those discussions, the parties respectfully request an adjournment of the sentencing proceeding until sometime during the week of December 13, 2021." Watch this site.

 On August 25, 2021 Inner City Press filed a letter with Judge Ramos, cc-ing the prosecutors and Scott's counsel, formally asking that the motion be unsealed - still not docketed as of Aug 30, unlike the practice of other SDNY judges.
(Now on DocumentCloud, here; podcast here).

Vlog here.

 On September 13, counsel for Mark Scott and for the US Attorney's Office were told by Judge Ramos' chambers (to its credit), "Judge Ramos directs the parties to respond to this request."

The August 25 letter: Dear Judge Ramos:    This concerns, in the above-captioned criminal case that concerns money laundering for the OneCoin scheme, the request to entirely seal a judicial document requesting a new trial for the defendant. The filing(s) should be unsealed in full, or if the Court sees fit, in part.    I have been covering the case for Inner City Press, see also, e.g., The Guardian (UK), November 25, 2019, "In testimony live-tweeted by the investigative journalism website Inner City Press, Ignatov reportedly referred to Abdulaziz as 'one of the main money launderers' involved in the scheme."

 Yesterday, Scott's counsel filed a letter (Dkt 390) requesting a sentencing adjournment based on "the need for the Court to consider and address the Supplemental Rule 22 Motion (including the request for an evidentiary hearing) filed under seal on August 23, 2021." That motion is a judicial document, within the meaning of United States v. Aref, 533 F.3d 72, 81-83 (2d Cir. 2008) and Lugosch v. Pyramid Co., 435 F.3d 110 (2d Cir. 2006) - it should be made available. 

 It is not entirely clear to me if the letter has been docketed. There is an August 13 notation of a SEALED DOCUMENT placed in vault. This is a request to unseal that as well, and to review the redaction in Dkt 390. Judge Richard Sullivan, only today, ruled that a discussion of a defendant's COVID status was not entitled to sealing. See US v. Ernest Murphy, 18-cr-373 (Sullivan), dkt 857.  This is a case of public import, and these are judicial documents. 

  Inner City Press routinely files requests to unseal in this District, and other Districts - including as cited in its March 31 request, here  And Judge Broderick's docketing of Inner City Press' request to unseal in US v. Ashe / Piao, 15-cr-706, Dkt No 999 (Inner City Press letter) & Dkt 998 (ordering that sealing be justified or removed by April 9). 

And see, regarding public access to allegedly confidential information, Judge Furman's recent grant of Inner City Press request to unseal in US v. Avenatti, 19-cr-374 (JMF), Docket No. 134. See also, July 27, 2021, NYLJ, "Judge Orders Release of Michael Avenatti's Financial Affidavits In Stormy Daniels Theft Case," "Journalist Matthew Russell Lee of Inner City Press had intervened, advocating for the affidavits' release."

(Now on DocumentCloud, here; podcast here).Watch this site.

Inner City Press back on March 13 asked the US Attorney's Office Press Office for its filings not yet in the public docket.  Here is Inner City Press' Periscope video upon leaving the courthouse. The case is US v. Scott, 17-cr-630 (Ramos). 

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