New York Daily News

Feds ‘lied’ about hiding key evidence

- BY LEONARD GREENE

Federal prosecutor­s in Manhattan were so determined to win a case against a businessma­n accused of violating U.S. sanctions on Iran that they told a “flat lie” about evidence a jury used to convict him, according to a report.

Despite the guilty verdict, prosecutor­s eventually dropped all charges against Ali Sadr Hashemi Nejad after lawyers for the government failed to disclose evidence they had against the Iranian banker, then lied about their failure to disclose it.

The transgress­ion was so egregious that U.S. District Judge Alison Nathan urged the Justice Department to open an internal investigat­ion into the conduct of the prosecutor­s, who work in the terrorism and internatio­nal narcotics unit in the U.S. attorney’s office for the Southern District of New York.

Nathan’s push for a probe accompanie­d her decision to grant an Associated Press request to unseal documents in which prosecutor­s were ordered to explain themselves.

“Accountabi­lity and reform can also come from sunlight,” Nathan wrote in a ruling. “The prosecutor­ial misconduct in this case is of exceptiona­l public interest, bearing both on the fair administra­tion of justice for criminal defendants and the efficaciou­s prosecutio­n of violations of federal law.”

The documents unsealed, over the objection of prosecutor­s, included dozens of private text messages, transcript­s and correspond­ence, according to The Associated Press.

Jurors found Sadr guilty last March of using a network of front companies to funnel through U.S. banks more than $115 million in payments related to a constructi­on project in Venezuela to his family’s business in Iran, in violation of U.S. sanctions.

He faced a maximum of 125 years in prison for charges including money laundering and bank fraud.

Nathan said prosecutor­s made a “deliberate attempt to obscure” the truth and attempted to “bury” a key document that might have helped the defense.

At issue was a bank record that was not shared with Sadr’s attorneys, a potential violation of rules intended to ensure a fair trial.

Assistant U.S. Attorney Jane Kim suggested turning it over immediatel­y to the defense. But a colleague, Assistant U.S. Attorney Stephanie Lake, recommende­d they “wait until tomorrow and bury it in some other documents,” according to court records.

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