Following his conviction in November 2019, OneCoin cash launderer Mark Scott filed for an acquittal or new trial in February 2020.
With a call on that movement pending, new info concerning Konstantin Ignatov perjuring himself noticed Scott file a supplemental movement for a brand new trial in August 2021.
(Scott) argued that, had the jury identified that Konstantin lied … it could not have credited Konstantin’s testimony nor, consequently, discovered Scott responsible of both offense.
On September 14th, 2023, Scott’s movement for a brand new trial was denied.
In handing down its resolution, the court docket, primarily based on proof submitted by the DOJ, discovered Scott (proper) dedicated financial institution fraud.
The Authorities recognized that the transactions constituting financial institution fraud “embrace[d], however [we]re not restricted to:” the July 2016 Fenero Funds mortgage to CryptoReal and the June and September 2016 investments into the Fenero Funds by Fates Group LLC, an entity managed by Gilbert Armenta.
Scott argues not one of the three transactions constituted financial institution fraud.
The Courtroom holds that the Authorities proved all three have been financial institution fraud.
Addressing Ignatov mendacity about disposing of his laptop computer, the court docket wrote;
Scott argues this newly found proof of perjury entitles him to a brand new trial as a result of Konstantin was a key authorities witness, the jury wouldn’t have credited any of Konstantin’s testimony had it identified of this perjury, and it subsequently wouldn’t have discovered Scott responsible.
The Authorities, nonetheless, argues that Konstantin’s testimony concerning the disposition of the laptop computer—which occurred after Scott’s crimes—was not materials to the jury’s verdict, and Scott extensively impeached Konstantin at trial, so proof of any perjury associated to the laptop computer would merely have been cumulative.
At minimal, Scott should set up a “cheap probability” that Konstantin’s perjury concerning the laptop computer may have affected the jury’s verdict.
He has failed to take action.
Everything of Konstantin’s testimony concerning the laptop computer was such a small a part of his testimony as to be negligible—protecting, at most, one or two pages of his testimony, which spanned over 300 pages within the trial transcript.
Furthermore, the disposition of the laptop computer was a purely collateral matter and was thus unlikely to have impacted the jury’s dedication of Scott’s guilt.
Actually, on condition that Konstantin’s testimony centered totally on the character and conduct of OneCoin’s operations slightly than of Scott’s participation, and given the overwhelming further proof that the Authorities offered at trial (as mentioned above), the Courtroom doesn’t discover that Konstantin’s testimony, even taken as a complete, was primarily determinative of Scott’s guilt.
Seems mendacity about throwing away a laptop computer doesn’t negate laundering lots of of thousands and thousands of {dollars} for a prison enterprise.
After dismantling the remainder of Scott’s (principally technical) arguments, the court docket concluded
none of Scott’s arguments fulfill his heavy burden below Rule 33 to persuade the Courtroom that “an actual concern that an harmless individual might have been convicted.”
Contemplating the totality of the circumstances, the Courtroom doesn’t discover that “it could be a manifest injustice to let the responsible verdict stand.”
Relatively, the Courtroom is “happy that competent, passable, and ample proof within the report helps the jury verdict.”
Pending the result of his acquittal and retrial motions, Scott’s sentencing has been pending since February 2020.
Following the denial of stated motions, Scott’s conviction stands and his case will now proceed in the direction of sentencing.
Primarily based on the fees he was discovered responsible of, Scott is going through as much as fifty years in jail. Scheduling of Scott’s sentencing is predicted to happen within the following weeks.
Replace twentieth September 2023 – Mark Scott’s sentencing has been scheduled for December twelfth, 2023.