Spain law student asks about arbitration.
Judge Rakoff: I prefer things to be in public.
Hear, hear.
Next up: Epstein victims case vs Bank of America, argument on class certification.
New thread coming
Judge Rakoff: I've held over 300 jury trials, and I've only disagreed on the bottom line twice - both in civil case, where the juries awarded too large damages.
Now Judge Rakoff taking questions from "digital law masters students" visiting from Spain, who ask: Why do you have juries? He: the US Constitution, and, let the community decide, and have a say in public matters
Now in SDNY case, prosecutor says he's supposed to be in District of New Jersey May 11 (for trial for murder of a cooperator) - Judge Rakoff says, Given what's happening in NJ, you might not have anyone there to report to.
Story later
States v Live Nation, Fri 3 pm deadline;
Epstein case of BofA, Leon Black deposition 3/26 matthewrussellleeicp.substack.com/p/epstein-fi... Halkbank getting DOJ deal; US v SBF's political "coming out" patreon.com/posts/crypto... Bank regulatory capture,
@USUN
UNresponsive so
youtu.be/viDcEZZgWqA
Crypto in the Courts: After SBF Got 25 Years US Opposes His Pro Se New Trial Motion and Republican "Coming Out" - Inner City Press story: innercitypress.com/prose2sbfmot... 44-page legal memo opposing SBF on Patreon here www.patreon.com/posts/crypto...
Fox Hunt Guo: In Miles Guo Case Sentencing Pushed to April 27 Subpoena Request Cannot Be Ex Parte - Inner City Press story: innercitypress.com/sdnybrief57g... Book: www.amazon.com/Fox-Hunt-Qui... Order on Patreon www.patreon.com/posts/fox-hu...
Live Nation, the hallway beat. Book: amazon.com/dp/B0…
Halkbank, let off the hook? matthewrussellleeicp.substack.com/p/sof���
LLDM. Revolut hit by Fair Finance Watch
at FDIC & OCC. USUN does nothing as US Press banned from UN innercitypress.com/usun4
https://youtu.be/QYwUuHQZp9g
EPSTEIN FILINGS: For Enabling Jeffrey Epstein, Bank of America Counts 1 and 4 Survived- Now Leon Black Depo Delayed to March 26, cut from 14 to 8 hours- Inner City Press story innercitypress.com/sdny14cepste... Extra on X for Subscribers and Substack matthewrussellleeicp.substack.com/p/epstein-fi...
Adjourned
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Bank of America's lawyer, and Doe's, will be calling back into the judge's chambers without the press and public on the line.
Note: This case is Doe v. Bank of America, 25-cv-08520-JSR (JPM Chase, of course, has already settled). Inner City Press on BofA: innercitypress.com/sdny14bepste... Update coming - and, is the Office of the Comptroller of the Currencying paying attention, on both banks?
Judge: Could plaintiff do it in five hours?
McCauley: He is a critical witness in the case. But I could do five hours.
Judge: How about limiting the defense to three hours?
Bank's lawyer [story coming] We could do three.
Judge: So eight hours, 1 or 2 days.
Judge: Ten hours, okay with Mr. Black?
Black's lawyer: I was advocating for less than seven. But now, I'd say seven to avoid undue burden on the witness.
Judge: Here both sides want to question him. His name has figured prominently in this case already
Leon Black's lawyer: I commit to not seeking any more extension beyond this ten day period.
Judge: On division of time: Are we talking Thursday, March 26? What about the suggestion from JPM Chase that we limit it to 10 hours, 1 or 2 days?
McCauley: We prepared to come and do it.
Judge Rakoff: Mr. Black's situation is such that he might want a brief adjournment.
JPM Chase's lawyer: To move by 10 days, we take no position. We are ready to depose Mr. Black on Monday. But we could wait 10 days
Plaintiff's lawyer McCauley: I take issue with raising settlement discussions in this context. And we don't think Monday's deposition should be postponed.
Judge Rakoff: I agree that resolution talks are irrelevant. But how are you prejudiced?
Black's lawyer: We'd like it to be postponed for at least 10 days, I think it will be resolved in that time.
Judge Rakoff: I would be inclined to grant 10 days on the firm understanding there would be no further postponement. About settlement, it's not my business
OK - now in court conference setting up 14 hour deposition of Leon Block in Epstein case. Black's lawyer: Please put it back, we are close to resolving. Inner City Press will live skeet, thread below
OK - now in presentment of "anti-Tren de Aragua" defendant arrested in Seattle on Feb 12 and arriving Brooklyn-MDC yesterday, charged with sex trafficking from Venezuela. Inner City Press on the case innercitypress.com/sdny104kvyskoc…, update later
Live Nation hallway beat is barren: just went up to courtrooms on 23rd floor and 15th floor, which the judge offered to the states and Live Nation to negotiate in this week. Both are locked - in fact, no movement on either floor. Book: www.amazon.com/dp/B0GRN95HNT
OK - in Live Nation, Judge has just set hearing at 3:00 PM on Friday, March 13 - "If the parties reach a resolution before the hearing, or the Court's attention or assistance is needed... please let us know." What about unsealing? Book: www.amazon.com/dp/B0GRN95HNT
Live Nation beat: The states' notices of appearance keep pouring in, here another NYS, with negotiations this week, if no deal, trial set to resume March 16, or mistrial - Inner City Press on the case, book: www.amazon.com/dp/B0GRN95HNT
Story coming
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AUSA Lockard: We've seen the letter.
Judge: OK, that'll be it for today
[No follow up on the letter, or issues]
Cary for Halkbank: Thank you, Your Honor
Judge Berman: And with respect to Mr. Atilla...
AUSA Lockard: With respect to Mr. Atilla
[No follow up]
Judge: I got a victims' letter and docketed it. They ask us or me to consider whether a resolution that lacks financial accountability serves public interest
Judge Berman: The agreement refers to Zarrab - I don't know what the provision means. How come he's there?
AUSA Lockard: That's for a limited purpose. He's a convicted felon so the bank will cooperate with any forfeiture order the court issues.
Judge Berman: The Speedy Trial exclusion for 90 days in granted.
AUSA Lockard: Thank you. If we need more, we'll ask and explain.
Judge: In the 90 days, is the Court involved?
AUSA: Only if there is some issue arising with compliance with the DPA terms
Rob Cary for Halkbank: We agree with everything the Government said.
Judge: What does "approval of the court' mean?
AUSA Lockard: I refer to what the 2d Circuit said in the HSBC case
[another shameful settlement by DOJ, under a quite different administration]
AUSA Lockard: We'll let you know when the third party expert is engaged. We anticipate less than a month. But we propose an exclusion of time for 90 days. We could ask for more.
Judge Berman: Got it. Are you speaking for Halkbank as well?
AUSA: It's a joint motion