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Judge Vacates Convictions in Bribery Case Over Soccer Broadcast Deals

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Judge Vacates Convictions in Bribery Case Over Soccer Broadcast Deals

Less than six months after a federal jury convicted a former Fox employee and an Argentine sports marketing company of participating in a scheme to pay bribes in exchange for lucrative soccer broadcasting contracts, a judge in Brooklyn vacated the convictions on Friday.

In a 55-page ruling, the judge, Pamela K. Chen, concluded that the federal wire fraud statute under which the defendants had been convicted did not apply to their actions.

In a seven-week trial that ended in March, prosecutors alleged that Hernán López, who holds dual American and Argentine citizenship and who until 2016 worked for a unit of what was then known as 21st Century Fox, had been part of a scheme to make millions of dollars in secret annual payments to the presidents of national soccer federations in order to secure the rights to two widely viewed South American soccer tournaments.

Mr. Lopez — who prosecutors also said had leveraged loyalty he garnered through bribes to help Fox beat out ESPN in its bid for the U.S. broadcasting rights for the 2018 and 2022 men’s World Cups — was convicted on one count of money laundering conspiracy and one count of wire fraud conspiracy. He faced up to 40 years in prison.

Prosecutors said that Mr. López’s co-defendant, the sports marketing company Full Play Group, had paid bribes for the rights to multiple World Cup qualifiers, exhibition matches and tournaments. Full Play was convicted on six fraud and money laundering counts and could have faced stiff financial penalties.

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A key factor in Judge Chen’s decision, handed down late Friday, was the scope of a law under which the defendants had been charged, known as the honest services wire fraud statute.

Judge Chen cited a ruling by the U.S. Supreme Court in May, in which the justices threw out two fraud convictions stemming from public corruption prosecutions during Gov. Andrew M. Cuomo’s administration in New York. In one of the cases, Percoco v. United States, the justices considered whether a former aide to Mr. Cuomo could be prosecuted under a federal law that makes it a crime to deprive the government of “honest services” for conduct that took place after he left his government role.

In light of that decision, and the absence of precedent applying that law to bribery of foreign employees of foreign nongovernment employers, Judge Chen wrote in her ruling that she was compelled to “find that the honest services wire fraud statute does not encompass foreign commercial bribery as charged against defendants.”

“We are obviously pleased with Judge Chen’s thorough and correct decision,” John Gleeson, a lawyer for Mr. López, said in a statement on Saturday.

Lawyers for Full Play wrote in a statement on Saturday that their client “greatly appreciates the court’s complete vindication.”

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The case in Brooklyn was one of many spawned by a yearslong corruption investigation by the U.S. Department of Justice into international soccer officials, which has led to more than two dozen convictions and over $100 million in forfeitures.

Beyond the immediate acquittals of Mr. López and Full Play, the ruling could have significant implications for other defendants in the sprawling case. Two South American soccer officials were convicted after the first trial, in 2017, and could now seek acquittals, and at least four other defendants who have evaded extradition, including the Argentine owners of Full Play, could see the charges against them dropped. So far, the court has not spoken about those issues.

John Marzulli, a spokesman for the U.S. attorney’s office for the Eastern District of New York, said on Saturday that the prosecutor’s office was reviewing the decision.

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New York

Transcript of Trump Manhattan Trial, May 30, 2024

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Transcript of Trump Manhattan Trial, May 30, 2024

-
Jury Deliberation Re-charge
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
-
PART: 59
Χ
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
Indict. No.
71543-2023
CHARGE
4909
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
100 Centre Street
New York, New York 10013
May 30, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE PEOPLE:
ALVIN BRAGG, JR., ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
GEDALIA STERN, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates, RPR, CCR, RSA
Principal Court Reporter

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New York

Transcript of Trump Manhattan Trial, May 29, 2024

Published

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Transcript of Trump Manhattan Trial, May 29, 2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
THE PEOPLE OF THE STATE OF NEW YORK,
PART: 59
Indict. No.
71543-2023
CHARGE
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
4815
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
X
100 Centre Street
New York, New York 10013
May 29, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE
PEOPLE:
ALVIN BRAGG, JR.,
ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates,
RPR, CCR, RSA
Principal Court Reporter

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New York

Critics Fault ‘Aggressive’ N.Y.P.D. Response to Pro-Palestinian Rally

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Critics Fault ‘Aggressive’ N.Y.P.D. Response to Pro-Palestinian Rally

Violent confrontations at a pro-Palestinian rally in Bay Ridge, Brooklyn, on Saturday reflected what some local officials and protest organizers called an unexpectedly aggressive Police Department response, with officers flooding the neighborhood and using force against protesters.

At the rally, which drew hundreds of demonstrators, at least two officers wearing the white shirts of commanders were filmed punching three protesters who were prone in the middle of a crosswalk. One officer had pinned a man to the ground and repeatedly punched him in the ribs, a 50-second video clip shows. Another officer punched the left side of a man’s face as he held his head to the asphalt.

The police arrested around 40 people who were “unlawfully blocking roadways,” Kaz Daughtry, the department’s deputy commissioner of operations, said on social media on Sunday.

Mr. Daughtry shared drone footage of one person who climbed on a city bus, “putting himself and others in danger.” The Police Department, he wrote, “proudly protects everyone’s right to protest, but lawlessness will never be tolerated.”

Neither Mr. Daughtry nor the police commented on the use of force by officers. A spokeswoman for Mayor Eric Adams did not immediately respond to a request for comment about the police response. The Police Department’s patrol guide states that officers must use “only the reasonable force necessary to gain control or custody of a subject.”

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Bay Ridge has a significant Arab American population and hosts demonstrations in mid-May every year to commemorate what Palestinians call the Nakba, or “catastrophe” — when hundreds of thousands of Palestinians fled or were forced from their homes during the war that led to Israel’s founding in 1948.

Andrew Gounardes, a state senator and a Democrat who represents the area, said local politicians had been in touch with the commanding officer of the 68th police precinct before the preplanned protest and said there had been no indication that there would be such a heavy police response. He called the videos he saw of the events “deeply concerning.”

“It certainly seems like the police came ready for a much more aggressive and a much more confrontational demonstration than perhaps they had gotten,” he added.

Justin Brannan, a Democrat who is the city councilman for the area, said the protest was smaller than last year’s but that officers had come from all over the city to police it. He said their approach appeared to be directed by 1 Police Plaza, the department headquarters in Manhattan.

“These were not our local cops. Clearly, there was a zero-tolerance edict sent down from 1PP, which escalated everything and made it worse,” Mr. Brannan said.

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“I’m still waiting on information and details about the arrests that were made,” he added, “but from my vantage point, the response appeared pre-emptive, retaliatory and cumulatively aggressive.”

The Republican state assemblyman whose district includes parts of Bay Ridge, Alec Brook-Krasny, had a different perspective. He said an investigation would determine whether the officers’ actions were warranted, but he said some protesters were “breaking the law” by refusing to clear the street.

“I think that those bad apples are really hurting the ability of the other people to express their opinions,” Mr. Brook-Krasny said.

Some local residents supported the police and said they were tired of the protests’ disruptive impact. “Enough is enough,” said Peter Cheris, 52, a 40-year resident of Bay Ridge, who said he had viewed the videos of the protest. “If you’re going to break the law, you deserve it,” he said.

Donna Lieberman, the executive director of the New York Civil Liberties Union, singled out the presence of the Police Department’s Strategic Response Group, a unit that is sometimes deployed to protests and has been the subject of several lawsuits brought by the civil liberties union and other groups.

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The police unit’s handling of the demonstration “was a violation of New Yorkers’ right to speak out and risks chilling political expression,” Ms. Lieberman said in a statement. “N.Y.C.L.U. protest monitors witnessed violent arrests, protester injuries, and even arrests of credentialed members of the press.”

She added: “The continual pattern of N.Y.P.D. aggression against pro-Palestine demonstrators raises important questions about the city’s disparate treatment of speakers based on their message.”

Abdullah Akl, an organizer with Within Our Lifetime, the pro-Palestinian group that organized the protests, said the response took organizers aback, particularly for a demonstration that occurs every year in Bay Ridge and is known to be frequented by families with children.

“It was really an unusual and unprecedented response,” Mr. Akl said.

He said he witnessed two men being pushed to the ground. One of them can be seen in a video with blood streaming down the side of his face. Nerdeen Kiswani, chair of Within Our Lifetime, said three protesters — including the two who can be seen being punched — were treated for their injuries at hospitals.

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The Police Department has arrested hundreds of demonstrators since street protests began shortly after the Hamas attack on Israel on Oct. 7 and Israel’s subsequent invasion of Gaza. The protests have been largely peaceful, with few injuries or violent clashes.

In a turning point, on April 30 officers cleared Hamilton Hall at Columbia University, which had been occupied by protesters for 17 hours. Many officers showed restraint during the arrests, though a handful were filmed pushing and dragging students as they removed them from the building.

On Sunday, Ms. Lieberman said police response to the protests in Bay Ridge underscored the importance of implementing the terms of a $512,000 settlement the civil liberties union and the Legal Aid Society reached with the city this month. The settlement set new terms for how the Police Department manages protests, creating a tiered system that dictates how many officers can be sent to demonstrations and limits the use of the Strategic Response Group. It will take years to put into practice.

The settlement is one of several that stemmed from the George Floyd racial justice protests in 2020. Last year, the city agreed to pay $13.7 million to settle a class-action lawsuit that claimed unlawful police tactics had violated the rights of demonstrators in Manhattan and Brooklyn. In March, the city agreed to pay $21,500 to each of roughly 300 people who attended another Black Lives Matter protest in 2020 in the Bronx. Those people were penned in by the police, then charged at or beaten with batons, according to a legal settlement.

Andy Newman and Camille Baker contributed reporting.

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