Monday, June 8, 2020

COURT TO DISMISS ALI SADR HASHEMINEJAD SANCTIONS CASE, BUT GROUNDS REMAIN UNCLEAR

The mystery continues; after the Government moved, pursuant to a flawed application of the use of Nolle Prosequi, to dismiss all charges against Ali Sadr, and his co-defendant Bahram Karimi, Sadr's counsel filed a Response, where he asserted that a Nolle Pros order would subject his client to a new indictment, and would also threaten his immigration status in the United States. See Defendant Ali Sadr Hashemi Nejad's Response to the Government's Proposed Nolle Prosequi Order, filed June 7, 2020.

Defense counsel has represented that the Government advised that it had no objection to Defendant's Motion for a New Trial, and stated that the Interests of Justice did not warrant a new trial. Counsel has submitted a proposed order, which treats the Government's motion as one seeking to set aside and cancel the verdict, as it had not yet been reduced to judgment, and dismiss the cause with prejudice.

We again are unable to determine whether the "Interests of Justice" cited by the Government mean Ali Sadr is rendering Substantial Assistance with a money laundering, narcotics trafficking, or terrorist financing investigation, but given that the AUSA filing the original motion has been involved in prosecuting such categories of cases, there is a strong presumption that this is true. Whether this involves Iranians, PEPs from Central Asia, or the regime in Venezuela; we cannot say.

Of course, the Government's five-month unexplained delay in providing Discovery, long after the trial had been concluded, has Malta's citizens wondering whether there is something more important afoot; one rumor has it that there are customer transactions at Pilatus Bank linking a billionaire Azeri Oligarch, involved in Trump Tower Moscow,  to President Donald Trump, but we stress that this is unconfirmed information, roiling around Valletta, and refusing to die.

Finally, we must accept that one of America's most important sanctions cases to date is being dropped, so that another seemingly more important, case can move forward. If you think that we are disappointed, think about how the people of Malta must feel. They have suffered far more, due to Sadr's crimes, than the United States. They know that their own corrupt leaders, who accepted illegal bribes to fast-track Pilatus Bank's license, will never charge him, and now he again cheats justice here.


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