In his letter movement for a retrial, Mark Scott’s lawyer claimed the DOJ knew about Konstantin Ignatov’s perjury upfront.
The DOJ contends prosecutors dealing with the case ‘first discovered of those severe allegations solely when Scott filed his Supplemental Movement.’
That is the DOJ’s opening salvo in opposition to Scott getting a retrial.
The DOJ declare that upon studying of Ignatov’s then alleged perjury, they “investigated the allegations”.
Particularly, the Authorities has spoken with Ignatov concerning the incident (who instantly admitted to the perjury) and to the U.Okay.-based legislation enforcement agent who first discovered of the allegations in opposition to Ignatov.
The Authorities instantly turned over the notes from these interviews to the protection.
If true, this leaves Scott’s argument that the DOJ sat on Ignatov’s perjury lifeless within the water.
In explaining the delay between an investigator discovering out concerning the perjury however not instantly informing prosecutors, the DOJ writes;
The Investigator had deliberate to ahead this e-mail to the FBI, however regrettably forgot to take action.
The e-mail was not shared with the prosecutors or some other U.S.-based members of the prosecution group till after Scott filed his Supplemental Movement.
In his letter movement, Scott argued “Ignatov’s testimony “was completely central
to the Authorities’s proof that Mr. Scott engaged in any type of criminal activity”.
The DOJ’s blunt response? “Scott is unsuitable”.
With respect to Ignatov’s perjury affecting Scott’s conviction, the DOJ increase two arguments;
1. the perjured testimony, amounting to solely a small piece of Ignatov’s testimony and concerning an occasion that occurred after the charged conspiracy and was unrelated to Scott’s guilt, was not materials to the jury’s verdict; and
2. Ignatov’s full testimony had restricted relevance to the important thing problem in dispute at trial, i.e., Scott’s figuring out participation within the charged legal conspiracies.
Principally what Konstantin lied about had nothing to do with Scott’s conviction, which was based mostly on his information of participation in a legal conspiracy.
That conspiracy being Scott’s involvement within the laundering of just below $400 million in OneCoin investor funds.
Ignatov’s testimony concerning the Laptop computer involved an occasion that occurred lengthy after the timeframe of the offenses charged within the Indictment, which have been alleged to have taken place from 2015 by means of 2018.
Additional, the subject material of Ignatov’s false testimony (i.e., his supposed placement of the Laptop computer in a trash bin) had nothing to do with the financial institution fraud and cash laundering prices at problem on the trial.
All in all, jurors discovered Scott responsible after listening to from
- seventeen witnesses, together with Ignatov;
- OneCoin victims;
- a cash laundering knowledgeable;
- staff from US banks then allegedly defrauded by Scott;
- a accomplice at Scott’s former agency, Locke Lord LLP;
- a former managing director of a UK fund that Scott used to launder cash by means of;
- a monetary intelligence evaluation who traced the funds Scott laundered; and
- an IRS agent concerned within the legal investigation, search and seizure of Scott’s property and his post-arrest interview, throughout which the DOJ asserts Scott “lied repeatedly about his involvement with OneCoin … and Ruja Ignatova”.
Proof the jury relied on to convict Scott (proper), included “quite a few emails” between Scott and Ignatova, Irina Dilkinska and Gilbert Armenta – all of whom have been intricately concerned in OneCoin’s cash laundering operations.
Ignatov’s testimony, in its totality, was corroborated by substantial different proof, together with, amongst different issues:
(1) emails between Ruja and Greenwood clearly demonstrating that OneCoin was a fraud scheme;
(2) testimony from victims demonstrating the identical;
(3) contemporaneous textual content messages (and an e-mail attachment)
between Ignatov, Dilkinska, and Frank Schneider, that confirmed the hyperlink between Scott and OneCoin and Ruja, and indicated that Scott was an insider who participated within the legal conspiracies;(4) intensive impartial proof fully disconnected from Ignatov’s testimony, displaying that Scott was a figuring out participant within the conspiracies;
(5) Scott’s post-arrest assertion;
(6) emails between Scott and Ignatov;
(7) a recording of Gilbert Armenta that corroborated Ignatov’s testimony that Ruja had been spying on Armenta and had discovered he was cooperating with legislation enforcement;
(8) journey data displaying Scott’s journey to Bulgaria, amongst different locations; and
(9) OneCoin promotional movies displaying Ruja and Greenwood within the act of finishing up the OneCoin Scheme.
Financial institution data have been additionally produced, laying naked the offshore cash laundering net Scott arrange for OneCoin and himself.
Taken collectively, the proof made clear that Scott had custom-built an elaborate cash laundering automobile for Ruja—pretend funding funds—which he used to launder almost $400 million of OneCoin Scheme proceeds on her behalf.
In alternate, Scott was paid over $50 million for his function as Ruja’s cash launderer.
The important thing problem in dispute on the trial was whether or not Scott knew that the almost $400 million that he had acquired from Ruja was derived from legal exercise.
Whereas Ignatov’s testimony supplied context for the jury to grasp the OneCoin Scheme, Ignatov’s testimony had little bearing on the problem of Scott’s information of the legal nature of the proceeds.
Of their thirty-two web page opposition the DOJ goes into extra element, additional illustrating the irrelevancy of Konstantin mendacity a couple of laptop computer with respect to Scott’s conviction.
As to what occurred to Ignatov’s laptop computer after Duncan Arthur handed over to his mom in Bulgaria;
Ignatov later discovered that Arthur gave the Laptop computer to his mom in Bulgaria, who in flip gave it to Ignatov’s girlfriend, who destroyed it.
A call on Scott’s retrial movement stays pending.