Transcript of Proceedings as to Herode Chancy, Michael Albarella — USA v. Chancy et al. (Dkt. 27, S.D.N.Y.)

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U.S. District Court for the Southern District of New York · No. 1:20-cr-00378-LJL · Doc. 27 · 2020-08-20 · Docket on CourtListener

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          SOUTHERN DISTRICT REPORTERS, P.C.••
            (212) 805-0300
K7s1chaa                 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
------------------------------x 
 
UNITED STATES OF AMERICA,                
 
           v.                           20 Cr. 378 (LJL) 
 
HERODE CHANCY, MICHAEL 
ALBARELLA, ADEDAYO ILORI, 
 
               Defendants.     
     Arraignment and Initial  
           
     Conference    
     (Via Teleconference) 
------------------------------x 
 
                                        New York, N.Y. 
                                        July 28, 2020 
                                        4:02 p.m. 
 
 
Before: 
 
HON. LEWIS J. LIMAN, 
 
                                        District Judge 
 
 
APPEARANCES 
 
AUDREY STRAUSS 
     Acting United States Attorney for the 
     Southern District of New York 
CECILIA VOGEL 
TARA M. LA MORTE 
     Assistant United States Attorneys 
 
FEDERAL DEFENDERS OF NEW YORK INC. 
     Attorneys for Defendant Herode Chancy 
BY:  CLAY H. KAMINSKY, ESQ. 
 
DAVID WIKSTROM, ESQ. 
     Attorney for Defendant Michael Albarella 
 
SIMPSON THACHER & BARTLETT LLP 
     Attorneys for Defendant Adedayo Ilori 
BY:  BROOKE E. CUCINELLA, ESQ. 
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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THE COURT:  Good afternoon.  This is Judge Liman.
Who do we have on the phone for the government?
MS. VOGEL:  Good afternoon, your Honor.  This is
Cecilia Vogel for the government.  And you have as well for the
government Tara La Morte.  And I believe there should be on the
line an intern from our office, Mr. Yitzhak Maurer.
THE COURT:  Welcome, all.
And for the defendant Chancy?
MR. KAMINSKY:  Good afternoon, your Honor.  This is
Clay Kaminsky, Federal Defenders, for Mr. Chancy.  He's also on
the line.
THE COURT:  Good afternoon, Mr. Kaminsky.
And for the defendant Albarella -- am I pronouncing
that correctly?
MR. WIKSTROM:  Yes, your Honor.  This is David
Wikstrom, the attorney for Michael Albarella.  I believe
Mr. Albarella is also on the line separate from me.
THE COURT:  Good.  Good afternoon.
And I'll confirm in a moment the attendance of the
individual defendants.
And who do we have on the phone as counsel for
defendant Ilori?
MS. CUCINELLA:  Yes, your Honor.  For Adedayo Ilori,
you have Brooke Cucinella from Simpson Thacher on the line, and
I also have a summer associate joining in on the line,
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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Ms. Isabel Matson.  Good afternoon.
THE COURT:  Good afternoon, Ms. Cucinella.
And do we have Mr. Chancy on the phone?
DEFENDANT CHANCY:  Good afternoon.  I'm on.
THE COURT:  Okay.  Good afternoon, Mr. Chancy.
Do we have Mr. Albarella on?
DEFENDANT ALBARELLA:  Yes, your Honor.  Good
afternoon.
THE COURT:  Good afternoon.
And Mr. Ilori, are you on the phone?
DEFENDANT ILORI:  Yes, I am.  Good afternoon.
THE COURT:  Good afternoon.
Now as a first order of business, I understand we're
here for the purposes of arraignment and an initial conference.
We're proceeding by way of telephone, we're not in the physical
courthouse, and I am outside of the district.  I'd like to make
sure, with respect to each defendant, that the defendant has
had the opportunity to consult with counsel about proceeding
remotely, with me outside of the district, and that counsel
consents to proceeding in that fashion.  And I'm going to go
through each defendant in turn and ask about that.
So let me start with you, Mr. Kaminsky.  Have you had
a chance to talk to your client, Mr. Chancy, about the fact
that we are proceeding remotely and that I'm outside of the
district, and does he consent to proceeding in that way?
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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MR. KAMINSKY:  Thank you, your Honor.  This is Clay
Kaminsky.
We spoke about proceeding remotely, and he consents to
proceeding remotely.  I was not aware that your Honor was
outside of the district, but I don't think that changes
anything for us.
THE COURT:  Okay.  So let me ask, with me outside of
the district, Mr. Kaminsky, do you consent to that?
MR. KAMINSKY:  Yes, I do, your Honor.
THE COURT:  Okay.  Mr. Chancy, I'm now going to direct
myself to you.  Have you had an opportunity to talk to
Mr. Kaminsky and to counsel to your satisfaction about the fact
that we are proceeding remotely and not in the courthouse?
DEFENDANT CHANCY:  Yes, I have, your Honor.
THE COURT:  Okay.  And do you consent to proceeding
that way?
DEFENDANT CHANCY:  I do.
THE COURT:  And now I understand you've not talked to
your counsel about the fact that I'm outside of the district.
Would you like an opportunity to do so?
DEFENDANT CHANCY:  No.  That's fine, your Honor.
THE COURT:  Okay.  Do you consent to proceeding with
me being outside of the district?
DEFENDANT CHANCY:  Yes, I do.
THE COURT:  Okay.  Good.
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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K7s1chaa                 
Let me now turn to you, Mr. Wikstrom, with respect to
Mr. Albarella.  Have you had a chance to talk to your client
about the fact that we are proceeding remotely and not in the
physical courthouse and to discuss with him whether to consent
to proceeding that way?
MR. WIKSTROM:  Yes, I have, your Honor.
THE COURT:  Okay.  And do you consent on behalf of
Mr. Albarella to proceed in that manner?
MR. WIKSTROM:  I do, your Honor.
THE COURT:  And do you consent, knowing that I am
outside of the district?
MR. WIKSTROM:  Certainly, yes.
THE COURT:  Mr. Albarella, did you hear what your
lawyer just said?
DEFENDANT ALBARELLA:  Yes, I did, your Honor.
THE COURT:  And did you have an opportunity to consult
to your satisfaction with Mr. Wikstrom about the fact that
we're proceeding remotely?
DEFENDANT ALBARELLA:  Yes, I did, your Honor.
THE COURT:  And do you consent to proceeding remotely?
DEFENDANT ALBARELLA:  Yes, I do, your Honor.
THE COURT:  Now do you want to talk to your lawyer
about the fact that I'm outside of the district?
DEFENDANT ALBARELLA:  No, your Honor.  I do not need
to speak to my lawyer about that.
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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THE COURT:  And do you consent to proceeding knowing
that I'm outside of the district?
DEFENDANT ALBARELLA:  Yes, I do, your Honor.
THE COURT:  Thank you.
Ms. Cucinella, the same questions to you.  Have you
had an opportunity to talk to your client about the fact that
we are proceeding remotely and do you consent on behalf of your
client?
MS. CUCINELLA:  Yes, your Honor, we have discussed the
fact that we would be proceeding remotely and consent to that.
As with the others, we had not realized you would be out of the
district, so I have not had the opportunity to discuss with him
that fact.
THE COURT:  Do you consent to proceeding knowing that
I'm outside of the district?
MS. CUCINELLA:  I do, yes, your Honor.
THE COURT:  And Mr. Ilori, have you had a chance to
talk to your counsel to your satisfaction about the fact that
we are proceeding remotely and not in the courthouse?
DEFENDANT ILORI:  Yes, your Honor.
THE COURT:  And do you consent to proceeding in that
manner?
DEFENDANT ILORI:  Yes, I do.
THE COURT:  Okay.  And do you want to talk to your
lawyer about the fact that I'm not in the district?
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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K7s1chaa                 
DEFENDANT ILORI:  No, I don't.
THE COURT:  Do you consent to proceeding knowing that
I'm not in the district?
DEFENDANT ILORI:  Yes, I do.
THE COURT:  Thank you very much, all.
Ms. Vogel, are there any questions that you would have
me ask on that subject?
MS. VOGEL:  Sorry.  I was on mute.  This is Cecilia
Vogel.
No, your Honor.  No further questions.  Thank you.
THE COURT:  Okay.  Thank you.
So Ms. Vogel, am I correct that we are here for the
purpose of arraignment and an initial conference?
MS. VOGEL:  That's correct.
THE COURT:  So what I'm now going to do is, taking
each defendant in turn, I'm going to arraign the defendants on
the indictment before me.
Let me start with you, Mr. Chancy.  Can you hear me
okay?
DEFENDANT CHANCY:  Yes, I can, your Honor.
THE COURT:  Okay.  And Mr. Chancy, are you aware that
you have been indicted in an indictment returned in the
Southern District of New York?
DEFENDANT CHANCY:  Yes, I am, your Honor.
THE COURT:  And have you had a chance to review and
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          SOUTHERN DISTRICT REPORTERS, P.C.••
            (212) 805-0300
K7s1chaa                 
read that indictment?
DEFENDANT CHANCY:  Yes, I have, your Honor.
THE COURT:  Have you discussed it with your lawyer?
DEFENDANT CHANCY:  I have.
THE COURT:  Would you like me to read it to you?
DEFENDANT CHANCY:  No, your Honor.  That's perfectly
fine.
THE COURT:  How do you plead to the indictment?
DEFENDANT CHANCY:  Not guilty, your Honor.
THE COURT:  Okay.  Thank you very much, Mr. Chancy.
Mr. Albarella, have you had a chance to read and
review the indictment?
DEFENDANT ALBARELLA:  Yes, I have, your Honor.
THE COURT:  And have you discussed it with your
attorney?
DEFENDANT ALBARELLA:  Yes, I have, your Honor.
THE COURT:  Would you like me to read it to you?
DEFENDANT ALBARELLA:  No, thank you, your Honor.
THE COURT:  How do you plead to the indictment?
DEFENDANT ALBARELLA:  Not guilty, your Honor.
THE COURT:  Mr. Ilori, have you had a chance to read
the indictment?
DEFENDANT ILORI:  Yes, I have, your Honor.
THE COURT:  And have you discussed it with your
attorney?
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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DEFENDANT ILORI:  Yes, I have.
THE COURT:  Would you like me to read it to you?
DEFENDANT ILORI:  No.
THE COURT:  How do you plead to the indictment?
DEFENDANT ILORI:  Not guilty.
THE COURT:  Thank you.
Is there anything, Ms. Vogel, that you would have me
ask by way of arraignment that I haven't asked?
MS. VOGEL:  No.  Thank you, your Honor.
THE COURT:  Okay.  Now anything that any of the
defendants would have me ask by way of arraignment before we
move on to the initial conference portion of this?
Mr. Kaminsky?
MR. KAMINSKY:  No, thank you, your Honor.
THE COURT:  Mr. Wikstrom?
MR. WIKSTROM:  No, your Honor.
THE COURT:  Ms. Cucinella?
MS. CUCINELLA:  No, your Honor.  Thank you.
THE COURT:  Now, Ms. Vogel, I have read the complaint
in this case.  I assume that that's been provided to counsel
for each of the defendants.  And I have also seen the
protective order.  I understand that there has been some
pre-indictment discovery.  Would you be so kind as to describe
for me the case in your words, what it's about, and then where
we stand in terms of the case.
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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MS. VOGEL:  Yes.  So, your Honor, in terms of a
summary of the facts of the case, and the allegations,
Mr. Chancy, who was a bank manager, and Mr. Ilori agreed to
engage in the commercial loan fraud scheme.  As part of that
scheme, they submitted fraudulent loan applications to an
undercover agent, who represented himself to be, and who
Mr. Chancy and Mr. Ilori believed to be, a corrupt underwriter
working for a commercial lender.
Mr. Chancy and Mr. Ilori -- part of these applications
included doctored bank statements that essentially took bank
statements and primarily changed the bank account number on the
statement, as well as at times changed the actual dollar values
on statements; and they used the identities of other people on
these loan applications, as well as they set up bank accounts
using the identities of other people in order to receive the
loan payments.  And the intent, as discussed in various
recorded conversations, they intended not to repay the loans.
And ultimately, over the course of the investigation, they
applied for just over a million dollars in loans.
After submitting two rounds of loan applications for a
total of just over a million dollars, they agreed with
Mr. Albarella, who was also a bank manager, to launder some of
the proceeds of the scheme through an additional bank account
that was opened, also using the identity of another person, and
Mr. Albarella opened that bank account at the bank where he
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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worked, and he accepted a $10,000 bribe from a second
undercover officer and a confidential source as part of opening
that account.
So there were two undercover officers involved in this
investigation as well as a confidential source.  And so the
evidence primarily consists of numerous recorded meetings and
calls and text messages that were made with the assistance of
the confidential source and the undercovers.
THE COURT:  When were the defendants arrested?
MS. VOGEL:  They were arrested on March 4, 2019.
THE COURT:  And are there postarrest statements from
any of the defendants?
MS. VOGEL:  There are, and they have been produced to
the defendants with the initial pre-indictment discovery.
THE COURT:  Okay.  Thank you.
And were there search warrants conducted or any other
law enforcement technique that could give rise to motion
practice, in your mind?
MS. VOGEL:  So, yes, there have been search warrants
for various cellphones that were seized at the time of the
arrests.  Those searches are not yet complete because the
arrests took place shortly before everything shut down for the
pandemic.  Although we had secured the search warrants for the
cellphones, we believe it was that Friday, the 13th, right
before everything closed down, it took -- although the search
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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process began in terms of extracting the information from the
cellphones, it took significantly longer, given very limited
staffing because of office closures for the pandemic.  So the
process took longer.  We've recently obtained three of the four
phones for which we obtained warrants, so we will, in this next
round of discovery, turn those phones over.  We are in the
process of initiating the responsiveness review for those
phones.  And as to the fourth phone, which is a cellphone,
another cellphone belonging to Mr. Chancy seized at that time,
we have not yet been able to get into the phone.  We have not
yet been able to essentially break through the password.
So yes, there were search warrants done with respect
to the phones, and that search is ongoing.
And other than that -- sorry, your Honor.
THE COURT:  I'm sorry.  Go ahead.  Go ahead, please.
MS. VOGEL:  I was just -- as I mentioned, there are a
number of recorded conversations.  Those were recorded by the
confidential source and the undercovers.
THE COURT:  And have the search warrant applications
been produced in discovery?
MS. VOGEL:  They have not yet been produced, no.
THE COURT:  When are they scheduled to be produced?
MS. VOGEL:  Now that there's been an indictment,
essentially the outstanding -- we produced the bulk of the
discovery, which are the recordings, the text messages,
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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including draft transcripts, photos from videos, to the extent
they exist, from these various meetings, postarrest statements,
agent reports.  So the discovery that's outstanding primarily
consists of the emails sent to the undercovers as part of the
scheme, mailings sent to the undercovers as part of the scheme,
various bank records, as well as the phones.  I anticipate that
we can produce the search warrants, you know, any records, by
the end of next week, consistent with how we produced prior
documents in this case.
For the actual cellphones themselves, I would just ask
for three weeks, because at this point we will need a drive
from defense counsel.  Given that people are not in the office,
coordinating that process takes a little bit longer, especially
with the assistance of IT.  And at this point I cannot say when
our responsiveness review will be done because I don't have
information about the volume of these phones, so it's hard for
me to estimate at the moment.  But we intend to produce on a
rolling basis as that responsiveness review is completed.
THE COURT:  What is the government's sense right now
of the length of the trial, assuming that this case goes to
trial, and against all three defendants?
MS. VOGEL:  I would estimate approximately two weeks,
your Honor, just given that there are three defendants and the
number of recordings.
THE COURT:  Thank you.
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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Before I turn to defense counsel, is there anything
else that you would like to apprise the Court of?
MS. VOGEL:  No, your Honor.  Thank you.
THE COURT:  Thank you.
Mr. Kaminsky, why don't I turn first to you.  Any
objection, first of all, to the government having three weeks
to turn over the cellphone and to producing the discovery on a
rolling basis?  My thought is to schedule another conference in
maybe six or seven weeks' time to discuss the status of
discovery and see if we're in a position to schedule a motion
practice.
MR. KAMINSKY:  That's fine, your Honor.  I might even
ask for slightly more time than that.  And the reason for that
is that I am new to this case.  Although Mr. Chancy has been
represented by the Federal Defenders since his arrest, he was
initially represented by my colleague, Ian Marcus Amelkin, who
is now out on paternity leave, so I am not up to speed on the
discovery that's been produced so far, and with that and the
new discovery coming in, of course I'll want to review
everything before I can report on whether we're going to file
motions.
THE COURT:  I would have no problem scheduling our
next conference for eight weeks from now.
I understand all of the defendants are out on bail; is
that correct, Ms. Vogel?
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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MS. VOGEL:  That's correct.
THE COURT:  Okay.  Anything else, Mr. Kaminsky, that
you would like to raise with the Court?  The thought would be
to schedule a conference in eight weeks' time.  The intervening
time would be used for the production of discovery, the review
of discovery, and to consider potential motion practice.
MR. KAMINSKY:  No.  That makes sense to me, your
Honor.
THE COURT:  Okay.  Mr. Wikstrom?
MR. WIKSTROM:  Yes, your Honor.  I concur in the
suggestion that we schedule another conference in eight weeks
to permit the government to complete discovery, and we can
report more intelligently to the Court at that time.
THE COURT:  Okay.  Anything else that you would like
to raise with me?
MR. WIKSTROM:  No, your Honor.
THE COURT:  Okay.  Counsel for Mr. Ilori?
MS. CUCINELLA:  Yes.  This is Brooke Cucinella, your
Honor.  
I believe that we would be fine with that schedule.  I
will note that my client is on home detention, and we have been
working with the government and pretrial's consent to come up
with less restrictive terms to his bail, and so we will likely
put in a letter to the Court on that issue before the eight
weeks is up.  But other than that, I think that we are fine
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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with scheduling eight weeks from now.
THE COURT:  Okay.  And I will look forward to your
letter with respect to the bail conditions.
Ms. Cucinella, is there anything else that you'd like
to raise with me?
MS. CUCINELLA:  Not at this time.
THE COURT:  Okay.  Ms. Vogel, is there an application
with respect to the Speedy Trial Act?
MS. VOGEL:  Yes, your Honor.  The government requests
to exclude time until the date of our next conference,
approximately eight weeks out from now, on the basis of
allowing defense counsel an opportunity to review the discovery
and decide on whether they have any motions, and for the
parties to engage in potential discussions about a pretrial
resolution as well.
THE COURT:  Okay.  And let me ask my courtroom deputy,
Mr. Fishman, is there a date that you can give us about two
months out, eight weeks out?
THE DEPUTY CLERK:  September 22nd at 3 p.m.
THE COURT:  That will likely be telephonic.  Does that
work for the government?
MS. VOGEL:  Yes, your Honor.
THE COURT:  Mr. Kaminsky, does September 22nd work for
you and do you have any objection to excluding time under the
Speedy Trial Act?
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          SOUTHERN DISTRICT REPORTERS, P.C.••
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MR. KAMINSKY:  Thank you, your Honor.  That works, and
I have no objection.
THE COURT:  Mr. Wikstrom, the same questions for you.
September 22nd, any objection to excluding time?
MR. WIKSTROM:  And the same answers.  9/22 at 3 p.m.,
and no objection.
THE COURT:  Ms. Cucinella?
MS. CUCINELLA:  No objection, your Honor.  Thank you.
THE COURT:  Okay.  Thank you, all.
So I am going to exclude time from today until
September 22nd under the Speedy Trial Act, 18 U.S.C.
3161(h)(7)(A).  I find the interests of justice outweigh the
interests of the defendants and the public in a speedy trial in
that the time from today until September 22nd can and will be
used by the government to continue to produce discovery, by the
defendants to review discovery, to discuss potential
resolution, and to discuss potential motion practice.
What I contemplate on September 22nd is that we will
discuss the status of discovery, and if discovery is close to
being complete, I expect that I will set a schedule for motion
practice, so counsel should come prepared with respect to that.
Anything further from anybody?  From the government?
MS. VOGEL:  This is Cecilia Vogel, your Honor.
Nothing from the government.
THE COURT:  Mr. Kaminsky, anything further from you?
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Case 1:20-cr-00378-LJL     Document 27     Filed 08/20/20     Page 17 of 18

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          SOUTHERN DISTRICT REPORTERS, P.C.••
            (212) 805-0300
K7s1chaa                 
MR. KAMINSKY:  No, your Honor.
THE COURT:  Mr. Wikstrom?
MR. WIKSTROM:  No, your Honor.
THE COURT:  Ms. Cucinella?
MS. CUCINELLA:  No, your Honor.  Thank you.
THE COURT:  Thank you, all.  Stay safe and stay
healthy, and I look forward to seeing you or hearing from you
on the 22nd.  Have a good day.  Thank you.
ALL COUNSEL:  Thank you.
o0o 
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Case 1:20-cr-00378-LJL     Document 27     Filed 08/20/20     Page 18 of 18

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