20160519 (17) Endorsed Bail Application letter

Here is the docket text:

Docket Text:
ENDORSED LETTER as to (15-Cr-867-01) Reza Zarrab addressed to Judge Richard M. Berman from Attorney Ben Brafman dated May 18, 2016 re: We respectfully enclose a formal Memorandum in support of our application for Bail on behalf of Mr. Zarrab. ENDORSEMENT: Govt to respond by Noon on 5/25/16. Conference on 6/2/16 at 10:00 A.M. SO ORDERED: (Signed by Judge Richard M. Berman on 5/19/2016)(bw)

20160518 (16) Bail Application without Exhibits and cover letter.

I have been late to the party on the what appears to be a run up to war with China. I have tried to put the current events in a context that can explain why the Chinese might take such a reckless path.

It was considered orthodoxy in in the 1980’s that China could never liberalize under Communist Party rule. The general view was that, whenever China attempts to advance economically, a middle class would emerge and demand more political power. Rather than allow power outside of the Communist monopoly, the Party would crush the upstart middle class.

I was taught this orthodoxy, in part, at Smith College by the esteemed China expert Steven Goldstein PhD in the mid 1980’s. Then later, in 1989, I will never forget seeing Prof. Goldstein standing with Dan Rather in Tienanmen square in front of the statute of the Goddess of Democracy.  He had apparently forgotten his own thesis and was celebrating Democracy taking hold in China. Then the PLA tanks rolled and crush the students.

Disregarding most of the Stalinist/Marxist economic development model, China has grown a massive capitalist economy rivaled only by EU and the U.S. By imposing harsh control over dissent, the Party has maintained its grip on power. But with a growing flaw.

China has advanced its economy in a sea of corruption.  Mao rejected capitalism and called the wealth it generated “Silver coated bullets.”  Xi’s  apparent move to stem corruption has removed from the Chinese military the means by which these party stalwarts could share in the the economic success. The only thing left to the military is to end the move towards more capitalist based power and stop China’s assent within the capitalist world.  For the PLA, cut out of the ability to share in the economic success, war with the US, with the resulting destruction of the Chinese economic experiment will end the source of temptation. The Silver Coated Bullets.  For the PLA, it’s Better to reign in Hell, than serve in Heaven.*

 

*John Milton, Paradise Lost. 1667.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

News agencies are apparently unaware that the list was released to the parties but not filed in the case. Here is a link to the endorsed letter/order withdrawing a request as moot because the requester apparently received the list from prosecutors. 20160512 Endorsed letter on names.

The real threat posed by being on the list is, in my view, under the US Civil RICO statute.  One of the crimes alleged in the indictment is Wire Fraud that is a federal RICO predicate offense. Just search it in this section.  RICO Definitions

Depending on establishing things like the structure of the enterprise and damages all the co-conspirators are at risk of litigation from, at least, the businesses injured by the conspiracy.

Here is the Trump Ethics disclosure that said Trump Tower Commercial LLC mortgage with Ladder Capital Finance LLC was “Over 50,000,000.” Liability Pages from 20150715 Govt Ethics disclosure Tower

Now here is the actual Mortgage. It’s $100,000,000. 20120905 Trump Tower 100 mm mortgage highlight

When he announced his presidential candidacy Donald Trump had to file an ethics disclosure. In that disclosure he claimed the debt on his 40 Wall St. building was “over $50,000,000.” Here is an excerpt from his filing. Note Liability Pages from 20150715 Govt Ethics disclosure

I took a look at the actual mortgage he was referencing and it is $160,000,000 or over 3 times what the alleged billionaire disclosed. Here is is.  Look at page 4 of 11. NOTE 20151008 Assignment of Mortgage 40 Wall

Docket Text:
Minute Entry for proceedings held before Judge Richard M. Berman:Arraignment as to Reza Zarrab (1) Count 1,1s,2,2s,3,3s,4,4s held on 4/27/2016. AUSA Sid Kamaraju present; Defendant Reza Zarrab present with defense attorneys Benjamin Brafman, Marc Agnifilo, Joshua Kirshner present; Court Reporter present; Turkish Interpreter George Esayan present; defendant arraigned; defendant waives a public reading and a plea of not guilty is entered; defense does not request a detention hearing today – written submission to be made by defense counsel; Next conference is scheduled for 6/16/16 at 11:00 am; speedy trial time is excluded for the reasons set forth on the record from 4/27/16 to 6/16/16 pursuant to 18 USC 3161(h)(7)(A) and (B). (jw)

Text of the online post of the order:

ORDER as to Reza Zarrab, Camelia Jamshidy, Hossein Najafzadeh. A conference (arraignment) is hereby scheduled for Wednesday, April 27, 2016, at 10:00 a.m. in Courtroom 17B of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York 10007. The assistant U.S. Attorneys are requested to notify counsel and the parties. (Signed by Judge Richard M. Berman on 4/26/2016)(bw)

Appears that all three defendants may be arraigned. But the order isn’t specific.  Here it is. 20160426 (13) Order on conference

 

Here is the Docket from 20 April 2016.  20160420 Zarrab USDCSDNY Docket.

Nothing was filed in the past few days.  Last entry is Brafman appearance as his attorney.

Here is the Redline of the Superseding Indictment. Redline of Orignal to Superceding Zarrab indictment

Let me know if any of the changes are meaningful. I haven’t got a clue.  Tim

 

The warrant was signed on April 1, 2016 but not filed until April 4, 2016.  Here it is. 20160404 (7) Warrant of Removal to SD NY