The case towards the primary of OneCoin insider to fall, Mark Scott, is slowly progressing in direction of trial.
At current there’s a little bit of a standoff relating to an agreed trial date.
The DOJ desire a trial on or round September 2019. Mark Scott’s attorneys need July.
The courtroom has beforehand ordered the events to convene and type it out.
As per a filed March eighth letter by the DOJ nonetheless, the problem stays unresolved.
In favor of a September’ish trial, the DOJ argue they must undergo “a voluminous quantity of digital information”.
At current the seven terabytes of information is being sifted via to exclude privileged data, that means the DOJ hasn’t even began on it but.
Moreover what information has been sorted is already inflicting disagreements between Scott’s authorized crew and the DOJ.
One level of rivalry is a “shoppers and attorneys checklist”, which Scott doesn’t need shared with the prosecution crew.
The DOJ have taken the place the data is non-privileged and ought to be turned over.
The crew sorting via the information in the meantime has knowledgeable the DOJ that the checklist itself ‘is way too broad to successfully segregate nonprivileged supplies‘.
Consequently, the Privilege Staff is trying to interact the protection in a dialogue about narrowing the Consumer Listing.
Certainly, the protection’s place signifies that the Privilege Staff couldn’t even present a privilege log to the prosecution crew
as a result of such logs routinely establish the names of the shoppers concerned within the communications being withheld.
Given there’s a assured chance that names on that checklist are going to be OneCoin associated, you possibly can admire why the DOJ needs it turned over.
With out the checklist, the DOJ argue they gained’t be capable of file ‘sure acceptable pre-trial motions.‘
Particularly, the Authorities intends to submit against the law fraud movement relating to sure communications between the defendant and his co-conspirators.
Nonetheless, the Authorities might be unable to file that movement till the prosecution crew positive aspects entry to non-privileged supplies, a privilege log of supplies withheld, and the consumer checklist.
The DOJ raises a second argument towards a July trial date, pertaining to the coordination of worldwide witnesses.
The Authorities at the moment anticipates calling a number of worldwide witnesses, together with potential witnesses from the UK, Eire, and the Cayman Islands.
These people are vital witnesses for the Authorities’s case-in-chief at trial.
The Authorities expects the proof at trial to point out that Scott arrange a sequence of hedge funds registered overseas with accounts at banks situated within the Cayman Islands in an effort to launder OneCoin proceeds.
Moreover, Scott transferred a good portion of the funds to associated accounts at banks within the Republic of Eire.
The Authorities will very doubtless name witnesses from these monetary establishments, in addition to different witnesses who reside abroad.
The looks of those witnesses for testimony at trial would require coordination with the Central Authorities of the nations by which these witnesses are situated, and the overseas entities for which they work.
For these causes a trial date starting as early as July will current important challenges to the Authorities in guaranteeing that the entire Authorities’s witnesses can be found to testify at trial.
Contemplating a September trial date would solely be an extra two months (give or take primarily based on scheduling), the DOJ argues Scott’s proper to a speedy trial is a non-issue.
a September trial date would be sure that the complicated privilege points described above are appropriately addressed previous to trial, and that important worldwide and home witnesses can be found to testify, whereas additionally defending the general public’s and the defendant’s curiosity in a speedy trial.
Sounds good to me, particularly contemplating Scott himself is partially chargeable for the delay.
Scott is after all inside his rights to say privilege. But when the DOJ disagrees then the matter(s) have to be litigated, which takes time.
One different fascinating tidbit from the DOJ submitting is point out of a attainable superseding indictment;
the Authorities charged and arrested one of many leaders of the OnceCoin fraud scheme—Konstantin Ignatov— by grievance earlier this week and should convey a superseding indictment which fees Mark Scott and Ignatov in the identical indictment.
If that occurs, it may doubtlessly affect the trial schedule for Scott’s case.
A superseding indictment would see the DOJ convey extra fees towards Scott. Proper now he’s solely going through one depend of cash laundering.
Replace thirteenth March 2019 – Following extra letters to the courtroom (from each Scott’s legal professional and the DOJ), a pre-trial convention to resolve scheduling has been scheduled for March fifteenth.
Replace sixteenth March 2019 – The March fifteenth pre-trial convention has been adjourned to Monday, March 18th.