In anticipation of the conclusion of concurrent criminal proceedings, the CFTC’s fraud prosecution against four JetCoin con artists has been suspended.
By filing a Motion to Intervene on April 19, the DOJ requested the delay.
Because the government’s request is timely and the same alleged fraudulent schemes are at issue in both the civil and criminal cases, a stay of proceedings is warranted.
Furthermore, a stay is required because the defendants shouldn’t be allowed to use civil discovery in the civil case to get around the criminal case’s discovery limitations that would otherwise apply to them.
Additionally, a delay is required to advance the judicial economy.
On April 25, the court decided to grant the stay.
In related news, Howard Greenberg, Esq., Gregory Aggesen’s attorney, has drawn the DOJ’s ire (right).
Conflicts of interest result from Mr. Greenberg’s role as a fact witness to the defendant’s and others’ obstruction of justice as well as the possibility that he would testify at the trial for this case.
In most cases, attorneys are not allowed to participate in a case as both an advocate and a witness.
Greenberg is referred to be “one of New York’s most infamous, outrageous, and feared criminal defense attorneys” in the 2021 Amazon series “Last Chance Lawyer”.
Greenberg is referred to as “the actual Saul Goodman from Breaking Bad and Better Call Saul” in a 2016 VICE documentary.
When we search for a real-life Saul Goodman, we come across Howard Greenberg, a Brooklyn-based criminal defense lawyer who is known for being fast-talking, outspoken, and quirky.
The DOJ is clear that they are not arguing
Mr. Greenberg participated in additional possibly illegal or unethical behavior, including giving the grand jury material that he knew to be false.
Their complaint relates to a purported obstruction of justice that allegedly took place when Greenberg was representing Aggesen (right).
based on the DOJ’s account;
The FBI presented Aggesen with notice of a grand jury subpoena in June 2021.
Any records about EmpowerCoin, ECoinPlus, and Jet-Coin were among the data that the grand jury subpoena demanded.
Co-defendant White purported to be responding to the grand jury subpoena on the defendant’s behalf in the email, which claimed that no responsive documents existed, and Mr. Greenberg, who was acting as the defendant’s attorney at the time, submitted it to the U.S. Attorney’s Office for the Eastern District of New York (“this Office”) in response to the government’s request for documents.
The email on July 27, 2021, contained claims that were both materially false and misleading and referred to the prior FTC investigation that the defendant, White, and Golden had also hindered.
In summary, the DOJ contends that Aggesen lied about the existence of the papers the subpoena demanded through co-defendant White and while being represented by Greenberg.
White emailed Mr. Greenberg with substantially false and deceptive information intended for the grand jury.
The DOJ, therefore, presents Aggesen’s
Before any trial, in this case, the Court must intervene because the obstruction strategy presents important issues.
Even if Mr. Greenberg is not summoned as a witness, his role in forwarding the July 27, 2021 email to the government and his knowledge enhance the possibility that he may testify for the defendant at trial under oath.
As a result, the DOJ asked the court to launch a Curcio investigation.
evaluate whether the defendant can renounce his right to conflict-free counsel and be informed of any potential conflicts of interest that Mr. Greenberg may have.
On April 22nd, Aggesen was chosen to serve as Curcio Counsel. I’ve never heard of Curcio proceedings before, therefore I don’t know the specifics or how long they last.
The following status meeting with Aggesen is set for May 11. The DOJ has asked the court to deal with Greenberg’s expressed problem at that time.