US Jus­tice De­part­ment amends in­dict­ment against Inniss

UK Barbados Nation - - FRONT PAGE - By Barry Al­leyne bar­ryal­[email protected]­tion­

FOR­MER GOV­ERN­MENT MIN­IS­TER Donville Inniss is still fac­ing three counts of money laun­der­ing in the United States.

But the United States Jus­tice De­part­ment has re­moved a the­ory within the in­dict­ment which would have formed part of its pros­e­cu­tion of the Bar­ba­dian busi­ness­man.

In an­other sec­tion of the press, it was re­ported that the Eastern Dis­trict of New York had dropped one of the charges against Inniss, but pub­lic in­for­ma­tion of­fi­cer for the US De­part­ment of Jus­tice, John Marzulli, is con­tend­ing oth­er­wise.

“No counts are be­ing dis­missed,” Marzulli stressed to the Bar­ba­dos Na­tion from his Brook­lyn, New York of­fice.

“Be­cause of the change in law af­ter Inniss’ su­per­sed­ing in­dict­ment was filed, the vi­o­la­tion of the For­eign Cor­rupt Prac­tices Act the­ory is be­ing vol­un­tar­ily dis­missed in counts one to three. If you look at the su­per­sed­ing in­dict­ment, that the­ory in sub­sec­tions (i) states a felony vi­o­la­tion of the For­eign Cor­rupt Prac­tices Act, ti­tle 15 of the US Code. That is what is be­ing dis­missed,” he added, while not­ing the three sub­stan­tive charges re­main over Inniss’ head.

“We never with­drew the su­per­sed­ing in­dict­ment, and de­fence coun­sel never made a mo­tion,” the court of­fi­cial fur­ther ex­plained.

In a let­ter writ­ten to the pre­sid­ing judge, As­sis­tant US At­tor­ney.

Sylvia Sh­weder, act­ing on di­rec­tion from US Dis­trict At­tor­ney Richard Donoghue, in­formed the judge the the­ory, and not any of the three counts, would be af­fected by a re­cent case in the US le­gal sys­tem.

“In lieu of mo­tion prac­tice, and in light of the Sec­ond Cir­cuit’s de­ci­sion in United States v. Hoskins, the gov­ern­ment is vol­un­tar­ily dis­miss­ing with­out prej­u­dice the afore­men­tioned spec­i­fied un­law­ful ac­tiv­ity the­ory, which is set forth in sub­sec­tion (i) of para­graphs 23 and 25 of the in­dict­ment,” said Sh­weder, who is lead pros­e­cu­tor in the case.

“To that end, the gov­ern­ment un­der­stands that the or­der of ex­clud­able de­lay that is in ef­fect through the com­ple­tion of the mo­tion sched­uled on Jan­uary 25, 2019, is still ap­pli­ca­ble for the other rea­sons that the court noted at the court ap­pear­ance on Oc­to­ber 23, 2018, in­clud­ing but not lim­ited to al­low­ing time to pre­pare for trial and re­view ad­di­tional dis­cov­ery,” she con­cluded.

Inniss, the for­mer Mem­ber of Par­lia­ment for St James South, is still fac­ing a 20-year jail sen­tence in fed­eral prison on each count and a BDS$1 mil­lion fine if con­victed.

Ac­cord­ing to the US law, judge Kiyo Mat­sumoto can im­pose a fine of twice the value of any prop­erty in­volved in the trans­ac­tion, or which­ever is greater, or im­pris­on­ment for not more than 20 years, or both, if Inniss is found guilty.

The United States’ Jus­tice De­part­ment had un­sealed the three-point in­dict­ment in fed­eral court in Brook­lyn, New York, in March, charg­ing the 52-year-old politi­cian with con­spir­acy to laun­der money and two other counts of money laun­der­ing.



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