The insider trading duo of Sebastian Pinto-Thomaz and Jeremy Millul have both sought compassionate release from federal lock-up in Otisville and Allenwood, respectively.
On April 8 their lawyers argued to U.S. District Court for the Southern District of New York Judge Jed S. Rakoff. Inner City Press covered both cases, and that of cooperating witness Abell Oujaddou. So it covered these hearings, see blow by blow below.
Now on May 18, this: "As to Jeremy Millul on May 18, 2020 a telephonic argument on defendant's Motion for Compassionate Release was held before Judge Rakoff. Present: Jeffrey Lichtman and Jeffrey Einhorn for the defendant, Andrew Thomas, AUSA and Christine Magdo, AUSA for the government, Probation Officer Ed Johnson. Court's decision: Motion granted. The defendant shall be released forthwith to quarantine at home, following the Probation Department's rules for home confinement."
On May 13 we reported that Pinto-Thomaz has been released from Otisville on furlough and is back home.
Back in April Pinto-Thomaz' lawyer described the spread of Covid-19 in Otisville where he was then housed. Judge Rakoff asked, What is the current number at Otisville?
Pinto-Thomaz' lawyer replied, As of yesterday, two inmates and three staff, but other inmates have been isolated in last 48 hours with suspected infections, adding that just last night, a person across the hall from Mr. Pinto-Thomaz was taken to isolation
Assistant US Attorney Christine Madgo replied that Otisville has a camp, where Mr. Pinto-Thomaz is, as well as other facilities.
Judge Rakoff opined, This hardly sounds like the kind of outbreak the defense was hypothesizing.
The defense noted that Pinto-Thomaz' mother lives in New York, where Governor Cuomo has told senior citizens like her to stay home. She needs her son's help. She is 75.
AUSA Magdo said if he were released, it would be to home detention, not to go out and buy groceries.
Millul's lawyer Glenn Colton of Arent Fox started with that there are more risks in Allenwood. Judge Rakoff similarly asked, What are the numbers at Allenwood? AUSA Madgo read from the website: No inmates, one staff member.
Colton argued, "We know that inmates from MDC where there was an outbreak are being transferred to Allenwood." Judge Rakoff asked, But aren't they quarantined?
AUSA Magdo recited that on March 26, the BOP said quarantines for 14 days or cleared by staff. Colton continued that Millul is in bureaucratic a nightmare. His unit manager told him but for the ICE detainer, you'd be in home confinement. But ICE says it won't remove the detainer until the end of the five months. ICE says they would not take this non-violent person into custody.
Judge Rakoff remarked, So two bureaucracies playing tag, this is familiar to any public employee like myself. But without Coronavirus, he'd finish his sentence, right? Colton replied, We might challenge ICE's policy. But this is compelling. It seems crazy to keep him in custody. Judge Rakoff asked, When will his sentence expire?
Colton said, June 4. He was told he could have an ICE bond hearing. "It's non-sensical." Judge Rakoff deadpanned, I'm glad you've found a new synonym for crazy... In both these cases, the Court imposes what it considered extremely lenient sentences. Yes, lock-downs happen. A gun was smuggled into the MCC and people awaiting trial were locked down. AUSA Madgo spoke more briefly: The Court already took into account the ICE detainer problem and the camp problem.
Judge Rakoff concluded, I would like the government to file info about Mr. Millul's asthma. Then I'll decide these motions. The cases are US v. Pinto-Thomaz, 18-cr-579 (Rakoff).
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