Richard Chichakli, who faces sentencing on Thursday, December 4th, has filed what he has captioned Defendant's Response to the Government's Sentencing Memorandum, which amounts to a dispute on the facts, and the law. While it is a bit rambling at times, the salient points, which I shall quote verbatim, including grammatical errors. are as follows
1. It is not Aventura [Aviation] who could have suffered, but rather the US Government.
2. All of the three creative theories the US Attorney created to invent losses, actual or potential, are baseless creation of twisted and illogical thinking. The latest theory is pure distortion of law, and arrogant disregard of a precedent and law mandates by the United States Supreme Court.
3. The prosecutor obviously cannot satisfy the definition of victim. This is an error that seriously affects the fairness, integrity and public reputation of judicial proceeding[s]. The suggested loss by the Government is unfounded.
4. All of the records related to Samar Airlines communications, and meeting with the official of the US Embassy in Tajikistan were withheld, hidden and concealed by the prosecution.
5. OFAC is not entitled nor empowered by statute to confiscate frozen fund[s]. OFAC can only block such fund or property in violation of IEEPA.
6. The alleged $70,000 loss have never been established as a matter of fact, and was never verified by a any legally acceptable "GAAP" accounting methods.
7. Correctly and properly calculated, Chichakli's offense level is 15, without addressing any applicable downward departure, this resulting in a guideline range of 18 to 24 months. he has already served 22 months for this case. Thus a sentence of time served is appropriate.