Staring down the very real prospect of years in prison, on May 4th Infinity2Global defendant Faraday Hosseinipour filed a motion to dismiss.

In her filing Hosseinipour shamelessly claiming she and her fellow promoter defendants have been racially profiled.

Infinity2Global was a Ponzi scheme launched by Richard Maike in 2013. Hosseinipour and her fellow promoter defendants were indicted alongside Maike in 2017.

Hosseinipour’s motion to dismiss can essentially be boiled down to:

  1. “everyone else was doing it!”; and
  2. “going after me for promoting a Ponzi scheme is racist”.

As alleged by Hosseinipour’s attorney;

Our office used the government supplied file named “ACTIVE EMPERORS THROUGH 6-4 EXCEL” and was able to find least 200 other unnamed persons and entities, not named or addressed in this or any other indictment that seem to meet the criteria of doing the same thing Hosseinipour is accused of doing.

It is therefore seen by Hosseinipour that she and other defendants were chosen as selective or vindictive.

Hosseinipour notes that she is of Middle Eastern descent, Defendant Anzalone is Italian, Defendant Dvorin is Russian, and Defendant Syn is Korean causing this case to be seen as a possible racial profiling case also.

The DOJ clapped back in opposition on May 18th, first pointing out that Hosseinipour had filed to identify “a similarly situated person who was not prosecuted”.

She has not sought to identify (and in any event would be unable to identify) a similarly situated individual who, for purposes of this case, would have to be, at minimum, someone who

(1) vigorously recruited members into a pyramid scheme by, among other things, hosting widely viewed internet presentations,

(2) participated in the material misrepresentations and concealment of facts on which i2G’s business thrived, and

(3) earned close to a million dollars by recruiting victims in this scheme.

Given this failure, the Court should deny Hosseinipour’s Motion to Dismiss.

With respect to it being racist to go after Ponzi promoters;

(Hosseinipour’s) racial profiling claim fares no better.

Without citing a single case, Hosseinipour seeks to meet her “heavy burden” by simply noting the heritage and ancestral nationality of four of the six charged defendants.

Because she has not met her burden, her motion should be denied.

Other arguments, including vindictive prosecution and defective indictment, were also challenged.

A decision on Hosseinipour’s desperate eleventh hour dismissal filing remains pending.

Co-defendant Richard Anzalone plead guilty to Infinity2Global fraud charges on May 17th.

Hosseinipour and the remaining four Infinity2Global defendants are scheduled to face trial on July 12th.

 

Update 3rd June 2022 – Faraday Hosseinipour’s “race card” motion to dismiss has been denied.

The scarcity of detail as to the 200-plus individuals to which Hosseinipour compares herself and her failure to provide the Court with records upon which she relies are clearly insufficient for her to meet her heavy burden of proving selective prosecution.

For these reasons, the Court will deny the motion as to selective prosecution.

Hosseinipour’s “vindictive prosecution” and “defective indictment” arguments for a dismissal were also rejected.