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U.S. District Court for the Southern District of New York · No. 1:21-cr-00729-LAK · Doc. 37 · 2022-04-07 · Docket on CourtListener

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A transcript of a conference held March 15, 2022 before District Judge Lewis A. Kaplan in United States of America v. Chanette Lewis, Tatiana Benjamin, Tatiana Daniel and Heaven West, 21 CR 729 (LAK), in the U.S. District Court for the Southern District of New York, filed April 7, 2022 as Document 37. Assistant United States Attorney Michael Neff reports that general and device discovery have been produced, that three search warrants were obtained, and that the investigation continues as to uncharged conduct, with a superseder described as a possibility. The Court declines to set a trial date and schedules a conference for May 17, 2022. It excludes time through May 17, 2022 in the interests of justice. The Court also grants a defense application to reduce the number of bail cosigners for one defendant from two to one.

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
------------------------------x 
 
UNITED STATES OF AMERICA,                
 
           v.                           21 CR 729 (LAK) 
 
CHANETTE LEWIS, a/k/a "Netty 
Hott," TATIANA BENJAMIN, a/k/a 
"Ta Banks," a/k/a "Lyric 
Muvaa," TATIANA DANIEL, a/k/a 
"Kimora Daniel," and HEAVEN 
WEST, 
 
               Defendants. 
 
------------------------------x 
 
                                        New York, N.Y. 
                                        March 15, 2022 
                                        3:15 p.m. 
Before: 
 
HON. LEWIS A. KAPLAN, 
 
                                        District Judge 
APPEARANCES 
 
DAMIAN WILLIAMS 
     United States Attorney for the 
     Southern District of New York 
MICHAEL NEFF 
     Assistant United States Attorney 
 
THOMAS A. FARINELLA 
     Attorney for Defendant Benjamin 
 
MARLON GEOFFREY KIRTON 
     Attorney for Defendant West 
 
EZRA SPILKE 
     Attorney for Defendant Daniel 
DAVID PATTON  
FEDERAL DEFENDERS OF NEW YORK 
     Attorney for Defendant Lewis 
BY:  MARK B. GOMBINER 
 
 
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Case 1:21-cr-00729-LAK     Document 37     Filed 04/07/22     Page 1 of 9

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
(Case called) 
THE DEPUTY CLERK:  Government, are you ready?
MR. NEFF:  Good afternoon, your Honor.  Michael Neff
for the government.
THE COURT:  Mr. Neff.
THE DEPUTY CLERK:  Defendant Tatiana Benjamin, are you
ready?  
MR. FARINELLA:  Yes, your Honor.  Good afternoon, your
Honor.  Thomas Farinella for Ms. Benjamin.
THE COURT:  Good afternoon.
THE DEPUTY CLERK:  Defendant Heaven West, are you
ready?
MR. KIRTON:  Good afternoon.  Marlon Kirton for
Ms. West.  Your Honor, Ms. West is on her way to court now.
THE COURT:  Right, so she's over 20 minutes late
already.
MR. KIRTON:  It's actually a miscommunication between
myself and her regarding the time of today's conference, and
she's on her way.  I think it's our office's fault.  She was
aware of today's conference.  I think we gave her the wrong
time for today's conference.
THE COURT:  Okay.
THE DEPUTY CLERK:  Defendant Tatiana Daniel, are you
ready?
DEFENDANT DANIEL:  Yes, your Honor.
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Case 1:21-cr-00729-LAK     Document 37     Filed 04/07/22     Page 2 of 9

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
MR. SPILKE:  Yes.  Ezra Spilke for Defendant Tatiana
Daniel.
THE COURT:  Good afternoon.
THE DEPUTY CLERK:  Defendant Chanette Lewis, are you
ready?
DEFENDANT LEWIS:  Yes.
MR. GOMBINER:  Yes.  Mark Gombiner for Ms. Lewis.
Good afternoon, Judge.
THE COURT:  Good afternoon, Mr. Gombiner.
Okay, I think we've not previously conferenced this
case, right?
MR. NEFF:  We were together, your Honor, in early
December, right after the indictment came in.
THE COURT:  Okay.  Let me see if I have notes from
that.
So where are we, Mr. Neff?
MR. NEFF:  A few updates, your Honor:
First, per the discovery schedule set by the Court,
the government produced general discovery in January and
produced device discovery earlier this month.  Of course, we
are mindful of our ongoing obligations, and if we come into
possession of any additional Rule 16 material, we will promptly
produce it.
The second update, Judge, is that our investigation is
ongoing both as to the existing charges and as to additional
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Case 1:21-cr-00729-LAK     Document 37     Filed 04/07/22     Page 3 of 9

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
conduct currently uncharged involving more than one defendant
in this case.  Although the additional conduct is uncharged,
the government has generally been producing materials relating
to that conduct.  We've been producing it on a rolling basis to
any applicable defendant or defendants.
In that regard, I should note that as part of the
ongoing investigation of this additional conduct, the
government has obtained three search warrants last month, which
have all been produced.  Those warrants generally relate in
part to charged conduct and in part to uncharged conduct.
THE COURT:  When you say they've been produced, do you
mean that the warrants and the applications have been produced,
or that the product of the searches as well has been produced?
MR. NEFF:  All three warrants and applications have
been produced.
As to two of the three warrants, the fruits have also
been produced.
As to the third and final warrant, that warrant was
for social media records for one defendant, and at this point,
the government has not yet received returns.
The third and final update, your Honor, which is brief
in nature --
THE COURT:  Just a minute.  When you're talking about
returns, you're talking about stuff from social media
companies; is that right?
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Case 1:21-cr-00729-LAK     Document 37     Filed 04/07/22     Page 4 of 9

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
MR. NEFF:  That's correct, your Honor.
THE COURT:  Okay.
MR. NEFF:  The final update is simply that preliminary
negotiations are under way between several of the parties in
this case.
THE COURT:  Okay.
Now, I don't have the notes I normally have today.  Do
we have a motion schedule?
MR. NEFF:  Yes, your Honor.
Your Honor bifurcated the motion schedule.  I believe
the general motions date for everything except for the devices
I think was March 1st.  I'm just double-checking the transcript
from the last conference.
That's correct.  So the motion date is on or before
March 1st as to everything other than the three devices that
were seized on the date of arrest.  And as to those --
THE COURT:  So there are no motions in that category,
in fact?
MR. NEFF:  Correct.  Nothing was filed, your Honor.
THE COURT:  Okay.
MR. NEFF:  I am also now just checking the date as to
the...
May 1st, your Honor, for any motions directed to the
contents of the three devices.
THE COURT:  Okay.  Thank you.
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
From what you say about continuing investigation, it
sounds like there may be a superseder coming; is that right?
MR. NEFF:  That is very much a possibility, your
Honor.
THE COURT:  What's the timetable?
MR. NEFF:  It's hard to peg a specific date, Judge,
because the records are not yet in our hands, and we are not in
control of that timeline, but I can assure the Court, we are
prioritizing this investigation and case and moving as quickly
as we responsibly can.
THE COURT:  Okay.
It sounds like it might be premature to set a trial
date today.
MR. NEFF:  Certainly no objection from the government,
your Honor.  And from the preliminary conversations I've had
with defense counsel, I anticipate that there may be no
objection from them as well.
THE COURT:  No objection to rolling it without a date
or no objection to setting one?
MR. NEFF:  I think the proposal may be to come back at
an acceptable point for the Court, at which point we would then
presumably set a trial date.
THE COURT:  Okay.
Does someone on the defense side want to enlighten me?
And, Mr. Kirton, is that your client who just walked
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
in?
No?
MR. KIRTON:  No.
THE COURT:  Okay.  Thank you.
Any volunteers?
MR. SPILKE:  I think 60 days should be sufficient.  We
have new discovery that's been coming in on a rolling basis.
These devices are probably the most voluminous items in the
production, and they just came earlier this month, so within
the last two months, I think 60 days.
THE COURT:  All right.  Let's set another conference
in the middle of May, please.
THE DEPUTY CLERK:  Sure, Judge.
How about Tuesday, May 17, at 2:30, Judge?
THE COURT:  Does that work for everyone?
MR. SPILKE:  Yes, your Honor, for Ms. Daniel.
MR. KIRTON:  Yes, your Honor.
MR. GOMBINER:  Yes, Judge.
THE COURT:  Okay.
I suppose the government has an application?
MR. NEFF:  Yes, your Honor.
The government seeks to exclude time between today and
May 17, 2022, for the continued review of discovery, the
preparation of any motions by the defense, and so that the
parties can continue pretrial negotiations.
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Case 1:21-cr-00729-LAK     Document 37     Filed 04/07/22     Page 7 of 9

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
THE COURT:  Any objection?
MR. KIRTON:  No objection.
MR. GOMBINER:  No objection.
MR. SPILKE:  No objection.
MR. FARINELLA:  No objection.
THE COURT:  Time is excluded through May 17, 2022.  I
find that the interests of justice served thereby outweigh the
interests of the defendants and the public in a speedy trial
for the reasons quite evident on this transcript — continuing
discovery, continuing negotiations toward a disposition, and
time to make motions with respect to the device searches.
Now, Mr. Kirton, you had an application?
MR. KIRTON:  Yes, your Honor.
I had an application to reduce the number of cosigners
in this case from two to one.  I've conferenced the matter with
both the government as well as pretrial services, and there's
no objection.  The reason being that originally both of my
client's parents were cosigners — my client's mother was
approved quite some time ago and my client's father indicated
to all the parties that he would be willing to be a cosigner —
but, unfortunately, he has not followed through on his
promises.  We've tried to reach him by phone by email, text
message, through third parties, and, for whatever reason, he
has not followed through.  And she does not have any additional
persons who are financially responsible in her life that would
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Case 1:21-cr-00729-LAK     Document 37     Filed 04/07/22     Page 8 of 9

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M3FKLEWC                 
be willing to be cosigners in this case.
So I move to have her bail conditions modified to
allow for one cosigner and not two.  She's otherwise in
compliance with the conditions of her bail.  I understand she's
not here now, but --
THE COURT:  Not the strongest posture in which to find
yourself, I understand that.
MR. KIRTON:  She's otherwise in compliance with the
conditions of her bail.
THE COURT:  Right.
Mr. Neff, I take it you have no problem, right?
MR. NEFF:  Correct, your Honor.
THE COURT:  Granted.
Tell her to show up next time on time.
MR. KIRTON:  Yes, your Honor.
THE COURT:  Thanks, folks.
* * *  
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