Mark Scott’s sentencing likely to be pushed back to May
Two developments in Mark Scott’s OneCoin case. One interesting, the other disappointing.
On February 14th the DOJ requested a three week adjournment of the deadline to respond to Scott’s acquittal/new trial motion.
From there Scott’s defense will have another three weeks to reply, placing sentencing at or around May 26th.
No explanation for the requested adjournment is provided. Scott is currently scheduled to be sentenced on April 21st.
The interesting filing was made the same day. It’s a bond notice hearing scheduled for February 25th.
The hearing is that of a bail review, meaning potential changes to Scott’s current house arrest conditions.
Given sentencing is only a few months away, not really sure what the point is. Stay tuned for the outcome of the hearing in any event.
Update 20th February 2020 – On February 18th the DOJ’s request for an adjournment was granted.
Mark Scott is now scheduled to be sentenced on May 26th.
That Scott can even ask for a fresh trial while out on bail after being convicted is amazing.
How long can he draw this out for? Everyday means less money taken back for the victims and the justice system seen to look ineffectual.
Where are the commentators who thought it right that him and Konstantin could use stolen monies to pay for their defences now?
@Passerby, is this how you like to see your taxes saved?
To all armchair lawyers with some knowledge of the court system in the US: does this mean the contents of the docket that was shown to the jury remain sealed?
How does this impact K being convicted and sentenced? Can this have happened already and be sealed?
Does a fresh trial need a fresh “Grand Jury” (JHC!)? If he can just sell another Porsche or watch or gun or whatever, what’s to say a well paid legal team won’t use what you call “double jeopardy”, or get him off for being denied a speedy trial?
Not that it will make any difference to everyone in Asia who is destitute as a result of this of course.
Konstantin signed a plea deal. There won’t be a trial or sentencing.
The full details of Konstantin’s plea deal have not been made public.
@Oz what do you mean there won’t be a sentencing?
My understanding was there will be a sentencing where Judge Ramos decides what will happen to K.
And that a plea deal usually means a clearly shorter sentence, but that’s up to the judge.
Been a while but I thought plea deal meant sentencing was baked in. Judge deciding makes sense.
Kind of difficult to keep track of when Scott’s sentencing keeps getting pushed back. I’m assume Konstantin’s case will pick up after Scott is sentenced.
Sentencing is up to the judge, it’s an advisory plea deal only (there exist binding ones, to which the Court must also agree).
The agreement letter says this:
So if Konstantin is a good boy, the US Attorney’s Office will ask the judge for a lenient sentence, and that’s all they can promise.
A “bond hearing” / bail review indeed sounds a bit strange at this stage of the process.
Could it be that Scott is facing financial difficulties, and he is trying to get some of the bail money/collateral released or bail bond liability lowered? (Is that even possible?)
Or he just wants more leeway in his likely remaining (life)time outside prison, and he is even ready to put more money in to guarantee it. Could be also something related to his supposed health problems.
Or perhaps he is suspected of violating his bail conditions? (I suppose that isn’t the case because I guess it would be more serious sounding than just a “bail review hearing”.)
As expected, Judge Ramos accepted the schedule:
(courtlistener.com/recap/gov.uscourts.nysd.482287/gov.uscourts.nysd.482287.224.0.pdf)
There is also a new letter filed, but can’t see what it’s about, because it’s not available on Courtlistener.
PS. Have you Oz read the Mark Scott October 28th pre-trial conference transcript which became available earlier this month(courtlistener.com/docket/7829201/170/united-states-v-scott/)?
There might be some new details about Ruja’s disapperance, like elaboration of Frank Schneider’s role in it. (See: twitter.com/innercitypress/status/1192591383355375616)
I’m not very familiar with this platform. Will this be available for free at some point?
No, unless some magnanimous individual who has a PACER account and “RECAP” web browser extension(free.law/recap/) installed makes that document available for ordinary mortals.
And btw, someone made the new letter filing available after I wrote my previous message:
courtlistener.com/recap/gov.uscourts.nysd.482287/gov.uscourts.nysd.482287.225.0.pdf
Scott wants a minor postponement in his mysterious new bail bond hearing due to his “pre-scheduled medical appointment” and he also “requests that the Court direct the Government to make a submission no later than Friday, February 21, 2020, setting forth its arguments for any change in bail conditions.”
The fact that the bond hearing seems to be initiated by the Government might indicate that they have some problems with Scott’s behaviour on bail after all.
There has always been something about the people involved that I could never quite pinpoint. Now I know what it is.
These people don’t think the rules apply to them. They are somehow above the norms and standards that apply to everyone else.
Scott doesn’t think he should have to face remote evidence because that is usually for mobsters? K brazenly thinks he can travel to the US and back?
Ruja reinvents the basic laws of economics. King Jayms and Simon carry-on even after K please pleads guilty? We know Scott ignored an asset protection order.
I bet what is happening to him now is because he doesn’t think the bail orders would be applied. He needs that “pre-scheduled medical appointment”.
He is clearly insane and so are the rest of them.
Well, many of them don’t see the point of obeying to any rules. They may not feel as uncomfortable as others when behaving immorally and they may also not fear punishment as much.
livescience.com/13083-criminals-brain-neuroscience-ethics.html
@Semjon
I usually avoid the transcripts as they blow out my legal budget.
Ok, I made it available on CourtListener.
courtlistener.com/docket/7829201/170/united-states-v-scott
Have fun reading! Hopefully there’s something interesting.
83 pages, noooooooooooooooo!
Thanks mate 😀
By the way Oz, you can update this post that The Court agreed to postpone the sentencing of Mark Scott. May 26th is now the new official date.
courtlistener.com/docket/7829201/224/united-states-v-scott/
Done, thanks.
New sentencing date is now December 17, 2020 @ 10:00 am.
The government’s forfeiture brief is due Aug 31, Scott’s response is due Sep 21, and the government’s reply is due Oct 5.
Scott’s sentencing submission is due Nov 25 and the government’s sentencing submission is due Dec 2.