Preet Bharara: Difference between revisions
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====Jewish Holocaust survivor fund fraud==== |
====Jewish Holocaust survivor fund fraud==== |
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During his first year in office, Bharara charged 17 managers and employees of the [[Claims Conference|Conference on Jewish Material Claims]] for defrauding Germany 42.5 million dollars by creating thousands of false benefit applications for people who have not suffered in the Holocaust. The fraud which has been going on for 16 years was related to the 400 million dollars which Germany pays out each year to Holocaust survivors.<ref name="NYDaily News - Holocaust survivor fund fraud">{{cite news|last1=Robert Gearty|title=Holocaust survivor scam nets $42.5 million, 17 charged in swindle: prosecutors|url=http://www.nydailynews.com/news/crime/holocaust-survivor-scam-nets-42-5-million-17-charged-swindle-prosecutors-article-1.453150|accessdate=February 25, 2016|work=New York Daily News|date=November 9, 2010}}</ref><ref name="CNN Bharara charges holocaust surviver fund">{{cite news|last1=Vivienne Foley|title=NY holocaust fund bilked of $42.5 million, prosecutor says|url=http://www.cnn.com/2010/CRIME/11/09/new.york.holocaust.fund.fraud/|accessdate=February 25, 2016|work=CNN|date=November 12, 2010}}</ref> |
During his first year in office, Bharara charged 17 managers and employees of the [[Claims Conference|Conference on Jewish Material Claims]] for defrauding Germany 42.5 million dollars by creating thousands of false benefit applications for people who have not suffered in the Holocaust. The fraud which has been going on for 16 years was related to the 400 million dollars which Germany pays out each year to Holocaust survivors.<ref name="NYDaily News - Holocaust survivor fund fraud">{{cite news|last1=Robert Gearty|title=Holocaust survivor scam nets $42.5 million, 17 charged in swindle: prosecutors|url=http://www.nydailynews.com/news/crime/holocaust-survivor-scam-nets-42-5-million-17-charged-swindle-prosecutors-article-1.453150|accessdate=February 25, 2016|work=New York Daily News|date=November 9, 2010}}</ref><ref name="CNN Bharara charges holocaust surviver fund">{{cite news|last1=Vivienne Foley|title=NY holocaust fund bilked of $42.5 million, prosecutor says|url=http://www.cnn.com/2010/CRIME/11/09/new.york.holocaust.fund.fraud/|accessdate=February 25, 2016|work=CNN|date=November 12, 2010}}</ref> |
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====Art fraud==== |
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During his time in office, Bharara oversaw multiple notable art fraud cases including the 80 million dollar [[Knoedler]] Gallery case which was the largest art fraud scheme in American history involving forged masterworks of artists [[Mark Rothko]], [[Robert Motherwell]] and others<ref name="FBOI-Rosales-pleads-guilty">{{cite web|title=Art Dealer Pleads Guilty in Manhattan Federal Court to $80 Million Fake Art Scam, Money Laundering, and Tax Charges|url=https://www.fbi.gov/newyork/press-releases/2013/art-dealer-pleads-guilty-in-manhattan-federal-court-to-80-million-fake-art-scam-money-laundering-and-tax-charges|website=Federal Bureau of Investigation|publisher=U.S. Government|accessdate=8 February 2016}}</ref>. Bharara charged the 2.5 million dollar case of John Re, a man from [[East Hampton, New York]] who sold forged artwork by [[Jackson Pollock]] and others<ref name=NewYorkTimes-Re1>Emma G. Fitzsimmons, "Seller of Art Fakes Pleads Guilty to Wire Fraud," New York Times, Dec. 1, 2014</ref> and was sentenced to five years in federal prison.<ref name=EastHamptonStar-Re1>T.E. McMorrow , "Sentenced in Fake-Pollock Scam; John D. Re gets five years from federal judge for bilking unwary buyers," East Hampton Star, May 14, 2015</ref> Also Bharara charged [[Eric Spoutz]], an American [[art dealer]], with selling hundreds of fake paintings falsely attributed to American masters. Spoutz was sentenced to 41 months in federal prison and ordered to forfeit the $1.45 million he made from the scheme and pay $154,100 in restitution.<ref name=FBI1>"Forging Papers to Sell Fake Art," Federal Bureau of Investigation (press release), April 6, 2017</ref> |
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====Toyota deferred prosecution agreement==== |
====Toyota deferred prosecution agreement==== |
Revision as of 00:10, 1 May 2017
Preet Bharara | |
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United States Attorney for the Southern District of New York | |
In office August 13, 2009 – March 11, 2017 | |
President | Barack Obama Donald Trump |
Preceded by | Lev Dassin (acting) |
Succeeded by | Joon H. Kim (acting)[1] |
Personal details | |
Born | Preetinder Singh Bharara October 13, 1968 Firozpur, Punjab, India |
Residence(s) | Westchester County, New York, U.S. |
Alma mater | Harvard University Columbia Law School |
Preetinder Singh "Preet" Bharara[needs IPA] (born October 13, 1968) is an American lawyer who served as U.S. Attorney for the Southern District of New York from 2009 to 2017. As U.S. Attorney, Bharara earned a reputation of a "crusader" prosecutor[2][3] who for seven years was one of "the nation's most aggressive and outspoken prosecutors of public corruption and Wall Street crime."[4] Under Bharara, the U.S. Attorney's Office for the Southern District of New York prosecuted nearly 100 Wall Street executives for insider trading and other offenses.[5] He reached historic settlements and fines with the four largest banks in the United States,[6][7][8] and closed multibillion-dollar hedge funds for activities including insider trading.[9][10]
Under Bharara, federal prosecutors also conducted public corruption investigations against Democratic and Republican officials, most notable securing convictions against the Speaker of the New York State Assembly, Sheldon Silver, and the Majority Leader of the State Senate, Dean Skelos.[4] One of Bharara's chief adversaries was Governor Andrew Cuomo, whom Bharara's office investigated.[11] Under Bharara, the U.S. Attorney's office was also known for its terrorism prosecutions and civil rights cases.[4] Bharara's office had international reach, pursuing defendants located in many countries outside the United States.[12]
On March 11, 2017, he was fired—after refusing to resign—as a result of Attorney General Jeff Sessions' request for all remaining 46 US Attorneys appointed during President Obama's administration to resign.[13][14] On April 1, 2017, Bharara joined the NYU School of Law faculty as a Distinguished Scholar in Residence.
Early life and career
Bharara was born in 1968 in Firozpur, Punjab, India, to a Sikh father and Hindu mother.[15] His parents immigrated to the United States in 1970, and he grew up in Eatontown in suburban Monmouth County, New Jersey[16] and attended Ranney School in Tinton Falls, New Jersey, where he graduated as valedictorian in 1986.[17][18] He received his B.A magna cum laude from Harvard College in 1990 and his J.D. from Columbia Law School in 1993, where he was a member of the Columbia Law Review.[15]
In 1993, Bharara joined the law firm of Gibson, Dunn & Crutcher LLP as a litigation associate. In 1996, Bharara joined the firm of Swidler Berlin Shereff Friedman, where he did white-collar defense work.[19] Bharara served as the chief counsel to Senator Chuck Schumer and played a leading role in the United States Senate Committee on the Judiciary investigation into the firings of United States attorneys.[20] He was an assistant United States Attorney in Manhattan for five years, bringing criminal cases against the bosses of the Gambino crime family, Colombo crime family, and Asian gangs in New York City.[20][21][22]
U.S. Attorney for the Southern District of New York
Bharara was nominated to become U.S. Attorney for the Southern District of New York by President Barack Obama on May 15, 2009, and unanimously confirmed by the U.S. Senate. He was sworn into the position on August 13, 2009.[23] In September 2014, when Attorney General Eric Holder announced his intention to step down, Bharara was speculated as being a potential candidate as the next United States Attorney General.[24][25]
International investigations
Bharara's office sends out agents to more than 25 countries to investigate suspects of arms, narcotics traffickers and terrorists and brings them to Manhattan to face charges. One case involved Viktor Bout, an arms trafficker who lived in Moscow and had a deal involving selling arms to Colombian terrorists. Bharara argues that this aggressive approach is necessary in post 9/11 era. Defense lawyers have criticized the stings calling Bharara's office "the Southern District of the World." They also argue that American citizens would not appreciate other countries' treating them in these ways. Countries have not always rushed to cooperate according to a review of secret State Department cables released by WikiLeaks.[12]
On April 13, 2013, Bharara was on a list released by the Russian Federation of Americans banned from entering the country over their alleged human rights violations. The list was a direct response to the so-called Magnitsky list revealed by the United States the day before.[26]
Financial crimes
Insider trading
In 2012, Bharara was featured on a cover of Time magazine entitled "This Man is Busting Wall Street" for his office's prosecutions of insider trading and other financial fraud on Wall Street.[27] From 2009 to 2012 (and ongoing), Bharara's office oversaw the Galleon Group insider trading investigation against Raj Rajaratnam, Rajat Gupta, Anil Kumar and 60+ others. Rajaratnam was convicted at trial on 14 counts related to insider trading.[28] Bharara is said to have "reaffirmed his office’s leading role in pursuing corporate crime with this landmark insider trading case, which relied on aggressive prosecutorial methods and unprecedented tactics."[29] Bharara has often spoken publicly[30] and written an op-ed about the culture surrounding corporate crime and its effect on market confidence and business risk.[31]
After 85 straight convictions for insider-trading cases, he finally lost one on July 17, 2014, when a jury acquitted Rajaratnam's younger brother, Rengan, of such charges.[5]
On October 22, 2015, Bharara dropped seven insider-trading cases two weeks after the U.S. Supreme Court refused to a review a lower court decision that would make it harder to pursue wrongful-trading cases. The conviction of Michael S. Steinberg was dropped; Steinberg was the highest-ranking officer of SAC Capital Advisors who had previously been convicted of insider trading.[32]
In 2013, Bharara announced criminal and civil charges against one of the largest and most successful hedge-fund firms in the United States, SAC Capital Advisors LP, and its founder Steven A. Cohen.[9][33] At USD$1.8 billion, it was the largest settlement ever for insider trading, and the firm also agreed to close down.[10][34]
Citibank
Citibank was charged numerous times by Bharara's office and other federal prosecutors. In 2012 the bank reached a settlement with Bharara's office to pay $158 million for misleading the government into insuring risky loans.[6] Bharara also made a criminal inquiry into Citbank's Mexican Unit.[35] In 2014 Citi settled with federal prosecutors for $7 billion, for ignoring warnings on risky loans.[36]
Madoff Ponzi scheme and JPMorgan Chase
Almost as soon as he took office, Bharara began investigating the role of Bernie Madoff's primary banker, JPMorgan Chase, in the fraud.[37] Eventually Bharara and JPMorgan had reached a deferred prosecution agreement that called for JPMorgan to forfeit $1.7 billion, the largest forfeiture ever demanded from a bank in American history—to settle charges that it and its predecessors violated the Bank Secrecy Act by failing to alert authorities about Madoff's actions.[8][38][39][40]
His office also handled the criminal prosecutions of several employees at Madoff’s firm and their associates, who were convicted by a jury on March 24, 2014.[41]
Bank of America suit
In 2012, federal prosecutors under Bharara sued Bank of America for $1 billion, accusing the bank of carrying out a mortgage scheme that defrauded the government during the depths of the financial crisis.[7] In 2013, the jury found Bank of America liable for selling Fannie Mae and Freddie Mac thousands of defective loans in the first mortgage-fraud case brought by the U.S. government to go to trial.[42] The civil verdict also found the bank’s Countrywide Financial unit and former Countrywide executive Rebecca Mairone liable.[43] However, in 2016 the U.S. Court of Appeals for the Second Circuit ruled that the finding of fact by the jury that low-quality mortgages were supplied by Countrywide to Fannie Mae and Freddie Mac supported only "intentional breach of contract," not fraud. The action, for civil fraud, relied on provisions of the Financial Institutions Reform, Recovery and Enforcement Act. The decision turned on lack of intent to defraud at the time the contract to supply mortgages was made.[44]
Russian money laundering fraud
In 2013, Bharara began investigating a money laundering fraud scheme in New York City operated by a Russian criminal organization.[45] The alleged fraud links a $230 million Russian tax refund fraud scheme from 2008 to eleven U.S. real estate corporations.[46] The underlying tax refund fraud was first discovered by whistleblower and Russian lawyer Sergei Magnitsky, who was arrested under trumped-up tax evasion charges, and within a year he was found dead in his prison cell—a suspicious circumstance.[47] Bharara and his office stated that some of the illicit proceeds were laundered in the U.S. by purchasing luxury Manhattan and Brooklyn real estate, including a 35-story block that has a pool, roof terrace, Turkish bath and indoor golf course. One of the companies named in the complaint, Prevezon, at the time had assets that included four condo units in the Financial District, each valued close to or in excess of $1 million, a $4.4 million condo at 250 East 49th Street in Turtle Bay, and an unknown amount of funds on deposit in eight separate Bank of America accounts in the name of different limited liability companies registered in New York.
The case was personal for Bharara after Russia, in April 2013, included him on the list 18 U.S. individuals banned from entering Russia in retaliation to the Magnitsky act.[48]
On September 10, 2013, with help from the Immigration and Customs Enforcement’s Homeland Security Investigations and Cyrus Vance Jr., the District Attorney for New York County, Bharara's office announced that they had filed a civil forfeiture complaint, freezing $24 million in assets.[49] If the court upholds the complaint, the government will seize the assets.
Jewish Holocaust survivor fund fraud
During his first year in office, Bharara charged 17 managers and employees of the Conference on Jewish Material Claims for defrauding Germany 42.5 million dollars by creating thousands of false benefit applications for people who have not suffered in the Holocaust. The fraud which has been going on for 16 years was related to the 400 million dollars which Germany pays out each year to Holocaust survivors.[50][51]
Art fraud
During his time in office, Bharara oversaw multiple notable art fraud cases including the 80 million dollar Knoedler Gallery case which was the largest art fraud scheme in American history involving forged masterworks of artists Mark Rothko, Robert Motherwell and others[52]. Bharara charged the 2.5 million dollar case of John Re, a man from East Hampton, New York who sold forged artwork by Jackson Pollock and others[53] and was sentenced to five years in federal prison.[54] Also Bharara charged Eric Spoutz, an American art dealer, with selling hundreds of fake paintings falsely attributed to American masters. Spoutz was sentenced to 41 months in federal prison and ordered to forfeit the $1.45 million he made from the scheme and pay $154,100 in restitution.[55]
Toyota deferred prosecution agreement
In March 2014, the U.S. Attorney's Office charged Toyota by information with one count of wire fraud for lying to consumers about two safety-related issues in the company’s cars, each of which caused unintended acceleration. Under the terms of a deferred prosecution agreement (DPA) that Toyota entered into the same day the information was filed, Toyota agreed to pay a $1.2 billion financial penalty, the largest criminal penalty ever imposed on an auto manufacturer. The company also admitted the truth of a detailed statement of facts accompanying the DPA, and agreed to submit to a three-year monitorship.[56]
Public corruption
Bharara has said that "there is no prosecutor’s office in the state that takes more seriously the responsibility to root out public corruption in Albany and anywhere else that we might find it, and I think our record speaks for itself."[57] During his tenure, Bharara has charged several current and former elected officials in public corruption cases, including Senator Vincent Leibell, Senator Hiram Monserrate, NYC Councilman Larry Seabrook, and Yonkers City Councilwoman Sandy Annabi.[58][59][60][61][62][63] Bharara’s office uncovered an alleged corruption ring involving New York State Senator Carl Kruger. In April 2012, Kruger was sentenced to seven years in prison.[64] In February 2011, Bharara announced the indictment of five consultants working on New York City’s electronic payroll and timekeeping project, CityTime, for misappropriating more than $80 million from the project. The investigation has expanded with five additional defendants being charged, including a consultant who allegedly received more than $5 million in illegal kickbacks on the projects.[65]
In early 2013, Bharara oversaw the conviction of New York City Police Department officer Gilberto Valle, who was part of an alleged plot to rape and then cook and eat (cannibalize) women.[66] Bharara and his team argued that Valle had done more than hypothesize, think, or speculate (in online networks where such fantasies are discussed), but had moved on from being a possible danger to others to the criminal planning phase and had even visited the street where one of the women lived, at the behest of another defendant. However, the defense and others who objected to the verdict argued that all he had done was fantasize, not plan, and that such thoughts or online posts, however twisted, were still protected.[66] The defense team (Robert Baum and Julia L. Gatto)[66] may ask the judge to set aside the verdict, or may appeal. If he does keep the felony conviction and is sentenced, Valle would automatically no longer serve in law enforcement.[66][67]
On April 2, 2013, Bharara unsealed federal corruption charges against New York State Senator Malcolm A. Smith, New York City Councilman Dan Halloran and several other Republican party officials. The federal complaint alleged that Smith attempted to secure a spot on the Republican ballot in the 2013 New York City mayoral election through bribery.[68]
Cuomo investigation and Moreland Commission
In 2014, Bharara's office began an inquiry into Gov. Andrew Cuomo's decision to end the work of the Moreland Commission, an anticorruption panel. After a New York Times report documenting Cuomo's staff's involvement with the commission and subsequent statements by commissioners defending the Governor, Bharara warned of obstruction of justice and witness tampering.[11]
Assembly Speaker Sheldon Silver investigation and conviction
Bharara made national headlines after investigating 11-term Speaker of the New York State Assembly Sheldon Silver for taking millions of dollars in payoffs, leading to Silver's arrest in January 2015.[69] Silver was subsequently convicted on all counts, triggering his automatic expulsion from the Assembly.[70][71][72] Silver was replaced by the first African-American speaker Carl Heastie.[73][74] During the Silver prosecution, Judge Valerie Caproni criticized Bharara's public statements, writing that "while castigating politicians in Albany for playing fast and loose with the ethical rules that govern their conduct, [Bharara] strayed so close to the edge of the rules governing his own conduct."[75][76]
Gang crimes and organized crime
From 2009 to 2014, the U.S. Attorney's Office for the Southern District of New York has convicted more than 1,000 of approximately 1,300 people charged in 52 large-scale takedowns of street drug and drug trafficking organizations.[77] On lowering violent crime rates, Bharara has said, "You can measure the number of people arrested and the number of shootings, but success is when you lift the sense of intimidation and fear."[77] Bharara also oversaw the largest criminal sweep of gangs in Newburgh, New York, working with the FBI, the Department of Homeland Security's Immigration and Customs Enforcement and local law enforcement agencies to bring charges against members of the Newburgh Bloods and Newburgh Latin Kings gangs, among others.[78] In 2010, Bharara oversaw the prosecution of eight longshoremen on charges of participation in a multi-million dollar cocaine trafficking enterprise along the Waterfront, operated by a Panamanian drug organization.[79][80]
In January 2011, Bharara's office participated in a multi-state organized crime takedown, charging 26 members of the Gambino crime family with racketeering and murder, as well as narcotics and firearms charges.[81] This action was part of a coordinated effort that also involved involved arrests in Brooklyn; Newark, New Jersey, and Providence, Rhode Island; according to the FBI, this was the largest single-day operation against the Mafia in U.S. history.[82] In August 2016, Bharara's office charged 46 leaders, members, and associates of La Cosa Nostra—including four out of the Five Families (Gambino, Genovese, Lucchese, and Bonanno)—in an extensive racketeering conspiracy.[83]
Terrorism prosecutions
Under Bharara, the U.S. Attorney's Office for the Southern District of New York "won a string of major terrorism trials."[84] Bharara was an advocate of trying terrorists in civilian federal courts rather than in the military commissions at the Guantanamo Bay detention camp; he contrasted his office's record of successfully convicting terrorists with the lengthy, secretive, and inefficient Guantanamo practice.[84] In a 2014 interview, Bharara said the historical record would show that "greater transparency and openness and legitimacy" leads to "more serious and appropriate punishment."[84] Citing his success in terrorism trials, Bharata stated: "These trials have been difficult, but they have been fair and open and prompt...in an American civilian courtroom, the American people and all the victims of terrorism can be vindicated without sacrificing our principles."[85]
Some of the high-profile terrorist figures convicted and sentenced to life imprisonment during Bharara's term include Sulaiman Abu Ghaith, Osama bin Laden's son-in-law;[86] Khalid al-Fawwaz and Ahmed Khalfan Ghailani, Osama bin Laden aides who plotted the 1998 United States embassy bombings that killed 224 people;[87][88][89] Mostafa Kamel Mostafa, a cleric who masterminded the 1998 kidnappings of 16 American, British and Australian tourists in Yemen;[85] and Faisal Shahzad, the attempted Times Square bomber.[90] Bharara also won a conviction and 25-year sentence for international arms smuggler Viktor Bout.[90]
Cybercrime
In June 2012, The New York Times published an op-ed written by Bharara about the threat posed to private industry by cybercrime and encouraged corporate leaders to take preventive measures and create contingency plans.[91]
Bharara's tenure saw a number of notable prosecutions for computer hacking:
- Bharara's office worked with Hector Xavier Monsegur ("Sabu"), a computer hacker who later became a federal informant. Because Monsegur's cooperation "helped the authorities infiltrate the shadowy world of computer hacking and disrupt at least 300 cyberattacks on targets that included the United States military," Bharara's office recommended a greatly reduced sentence to the judge, and in 2014 Monsegur was freed with time served.[92]
- In May 2014, Bharara's office was part of an international crackdown, led by the FBI and authorities in 19 countries, on the "Blackshades" creepware hacking, in which hackers illicitly access users' systems remotely to steal information.[93]
- In November 2015, Bharara's office charged three Israeli men in a 23-count indictment that alleged that they ran a extensive computer hacking and fraud scheme that targeted JPMorgan Chase, The Wall Street Journal, and ten other companies. According to prosecutors, the operation generated "hundreds of millions of dollars of illegal profit" and exposed the personal information of more than 100 million people.[94]
- In May 2016, Bharara's office secured a guilty plea from Alonzo Knowles, a Bahamian man who had hacked into the email accounts of celebrities and athletes in order to steak unreleased movie and television scripts, unreleased music, "nude and intimate images and videos," financial documents, and other personal information. Knowles was sentenced to five years in prison.[95]
- In November 2016, Bharara's office filed charges against a Phoenix, Arizona man, Jonathan Powell, for hacking into thousands of email accounts at Pace University and another university and mining those accounts for users' confidential information.[96]
- In December 2016, Bharara's office charged three Chinese citizens with hacking into the system of New York law firms advising on mergers and acquisitions, and making more than $4 million by trading on information they gained.[97]
- Also in December 2016, Bharara's office charged an executive of the Pakistani-based company Axact with conspiracy to commit wire fraud and aggravated identity theft in connection. Prosecutors say that the company carried out a $140 million diploma mill that defrauded thousands of consumers across the world.[98]
Bharara moved to shut down several of the world's largest Internet poker companies.[99] He prosecuted several payment processors for Internet poker companies, securing guilty pleas for money laundering.[100][101] In April 2011, Bharara charged 11 founding members of internet gambling companies and their associates involved with pay processing with bank fraud, money laundering and illegal gambling under the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). The case is United States v. Scheinberg.[102]
Devyani Khobragade incident
Bharara and his office came to the limelight again in December 2013 with the arrest of Devyani Khobragade, the Deputy Consul General of India in New York, who was accused by prosecutors of submitting false work visa documents for her housekeeper and paying the housekeeper "far less than the minimum legal wage."[103] The ensuing incident caused protests from the Indian government and a rift in India–United States relations; Indians expressed outrage that Khobragade was strip-searched (a routine practice for all U.S. Marshals Service arrestees) and held in the general inmate population.[103] The Indian government retaliated for what it viewed as the mistreatment of its consular official by revoking the ID cards and other privileges of U.S. consular personnel and their families in India and removing security barriers in front of the U.S. Embassy in New Delhi.[104]
Khobragade was subject to prosecution at the time of her arrest because she had only consular immunity (which gives one immunity from prosecution only for acts committed in connection with official duties) and not the more extensive diplomatic immunity.[103][105] After her arrest, the Indian government moved Khobragade to the Indian's mission to the United Nations, upgrading her status and conferring diplomatic immunity on her; as a result, the federal indictment against Khobragade was dismissed in March 2014, although the door was left open to refiling of charges.[106] A new indictment was filed against Khobragade, but by that point she had left the country.[107]
Speaking on the Khobragade incident, Bharara told the media that "There has been much misinformation and factual inaccuracy in the reporting ... it is important to correct these inaccuracies because they are misleading people and creating an inflammatory atmosphere on an unfounded basis."[108] Speaking at Harvard Law School during its 2014 Class Day ceremony, Bharara said that it was the U.S. Department of State, rather than his office, which had initiated and investigated proceedings against Khobragade and who asked his office to prosecute.[109][110][111]
Reason magazine subpoena
During Bharara's term, the U.S. Attorney's Office investigated six Internet comments made on the website of Reason magazine in which anonymous readers discussed killing U.S. District Judge Katherine B. Forrest of the Southern District of New York. (The comments were made under an article in the magazine of Forrest's sentencing of Silk Road owner Ross William Ulbricht to life in prison without parole.) In June 2015, a federal grand jury issued a subpoena to the libertarian magazine, demanding that it provide identifying information for the commentators.[112][113] Following the issuance of the subpoena, federal prosecutors applied for an order from a U.S. magistrate judge forbidding the magazine from disclosing the existence of the subpoena to the commentators.[113]
The subpoena became public after being obtained by Popehat's Ken White.[112] The nondisclosure order caused controversy, with critics saying that it infringed the constitutional right to free speech[114] and questioning whether the comments were actually serious threats or merely hyperbolic "trolling."[115] Federal prosecutors dropped the matter as moot.[114] Reason magazine editors Matt Welch and Nick Gillespie characterized the subpoena and nondisclosure order as "suppressing the speech of journalistic outlets known to be critical of government overreach."[113]
Firing
Following the 2016 election, Bharara met with then-president-elect Donald Trump at Trump Tower in November 2016.[116] Bharara said that Trump asked Bharara to remain as U.S. Attorney, and Bharara agreed to stay on.[117][118]
On March 10, 2017, U.S. Attorney General Jeff Sessions ordered all 46 remaining United States Attorneys who were holdovers from the Obama administration, including Bharara, to submit letters of resignation.[119] He declined to resign, and was fired the next day.[120][121] In a statement, Bharara said that serving as U.S. Attorney was "the greatest honor of my professional life" and that "one hallmark of justice is absolute independence, and that was my touchstone every day that I served." He was succeeded by his deputy, Joon H. Kim, as acting U.S. attorney.[120][121]
There were bipartisan expressions of dismay over the firing, from Howard Dean, U.S. Senators Chuck Schumer and Elizabeth Warren to New York State Republican Assemblymen Steve McLaughlin and Brian Kolb, the Assembly Leader.[122]
A leading candidate to replace Bharara on Trump's short list is former Fox News chief Roger Ailes’s personal lawyer Marc Mukasey.[123][124]
Later career
On April 1, 2017, Bharara joined New York University School of Law as a distinguished scholar in residence.[125]
Portrayal in fiction
The Showtime television series Billions gives a fictional portrayal of the U.S. Attorney's Office of the Southern District of New York's prosecution of financial crimes.[126] The series is loosely based on the investigation of hedge fund manager Steven A. Cohen of SAC Capital by Bharara's office.[127][128] The show's fictional SDNY U.S. Attorney Charles "Chuck" Rhoades Jr., played by Paul Giamatti, was partly inspired by Bharara.[127][129]
Personal life
Bharara is married to Dalya Bharara, a non-practicing lawyer. They live in Westchester County, New York, and have three children.[130] In interviews, Bharara "has reflected on his family's diverse religious heritage: Sikh (his father), Hindu (his mother), Muslim (his wife's father) and Jewish (his wife's grandfather)."[131]
Bharara became a naturalized United States citizen in 1980.[132] Bharara is a registered Democrat, but is "not considered a strong partisan."[131] His nomination to the U.S. Attorney's post in 2009 was welcomed across the political spectrum, as Bharara was regarded as an "apolitical and fair-minded" figure.[132]
Bharara's younger brother Vinit "Vinnie" Bharara, also a graduate of Columbia Law School, is an entrepreneur. Vinnie Bharara and Marc Lore co-founded Quidsi, the parent company of Diapers.com and Soap.com, which they sold in 2010 to Amazon.com for $540 million.[133][134]
Bharara traces his desire to become a lawyer back to the seventh grade, which was when he read the play Inherit the Wind.[135]
In 2012, Bharara was named by Time magazine as one of "The 100 Most Influential People in the World," and by India Abroad as its 2011 Person of the Year.[136][137][138][139]
Bharara is a lifelong Bruce Springsteen fan.[140] Springsteen shouted, "This is for Preet Bharara!" before launching into his song "Death to My Hometown" at an October 2012 concert in Hartford, Connecticut.[141]
In 2013, Bharara delivered the commencement address at Fordham Law School and received an honorary Doctor of Laws.[142] Later that week, Bharara delivered the commencement address at Columbia Law School, his alma mater, in his 20th reunion year.[143] In 2014, Bharara delivered the commencement address at Benjamin N. Cardozo School of Law and spoke at Harvard Law School's Class Day Ceremony.[144]
Bharara was included in Bloomberg Markets Magazine's 2012 "50 Most Influential" list as well as Vanity Fair's 2012 and 2013 annual "New Establishment" lists.[145][146][147]
See also
References
- ^ "Statement By U.S. Attorney Preet Bharara". March 11, 2017. Retrieved March 11, 2017.
- ^ Michelle Celarier and Josh Saul (October 5, 2015). "Supreme Court derails Bharara's Wall St. crusade". New York Post. Retrieved December 25, 2015.
- ^ Kenneth Lovett (November 9, 2015). "Lovett: Preet Bharara's legacy is on the line in Sheldon Silver and Dean Skelos cases". New York Daily News. Retrieved December 25, 2015.
- ^ a b c Benjamin Weiser & William K. Rashbaum, With Preet Bharara’s Dismissal, Storied Office Loses Its Top Fighter, New York Times (March 10, 2017).
- ^ a b "The Limits of the Law in Insider Trading". New York Times (July 18, 2014). Retrieved March 18, 2015.
- ^ a b Associated press (February 15, 2012). "Citigroup to Pay $158 Million in Mortgage Fraud Settlement". New York Times. Retrieved October 8, 2015.
- ^ a b Protess, Ben (October 24, 2012). "Federal Prosecutors Sue Bank of America Over Mortgage Program". New York Times.
- ^ a b Vardi, Nathan (January 7, 2014). "J P Morgan Chase pays $1.7 billion and settles Madoff related criminal case". Forbes.
- ^ a b Strasburg, Jenny; Sterngold, James (July 25, 2013). "U.S. Attorney Alleges 'Rampant Insider Trading' at SAC". Wall Street Journal. Retrieved October 8, 2015.
- ^ a b Jarvis, Rebecca; Katersky, Aaron; Kim, Susanna (July 2013). "Indicted Hedge Fund SAC Capital 'Magnet for Market Cheaters'". abc News. Retrieved October 8, 2015.
- ^ a b Santora, Marc (August 1, 2014). "Cuomo, Responding to U.S. Attorney, Seeks to Justify Recent Contacts With Corruption Panel". The New York Times.
- ^ a b Weiser, Benjamin (March 27, 2011). "A New York Prosecutor With Worldwide Reach". New York Times. Retrieved March 1, 2015.
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- ^ "Health secretary: Obamacare replacement will leave no one 'worse off financially'". Retrieved March 12, 2017 – via LA Times.
- ^ a b Weiser, Benjamin (August 9, 2009). "For Manhattan's Next U.S. Attorney, Politics and Prosecution Don't Mix". The New York Times. Retrieved April 21, 2011.
- ^ Lattman, Peter. "The Fabulous Bharara Boys", The New York Times, June 9, 2011. Accessed August 9, 2012. "He told the audience that he and his brother, who grew up in Eatontown, N.J., carved similar paths. Preet, 46, graduated from Harvard College; Vinnie, 39, the University of Pennsylvania."
- ^ "Preet Bharara, the new top federal prosecutor zeroes in on white-collar crime". India Times/Reuters. October 20, 2009. Archived from the original on May 27, 2010. Retrieved April 21, 2011.
{{cite news}}
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ignored (|url-status=
suggested) (help) - ^ Chang, Ailsa (January 27, 2011). "Meet Preet Bharara: New York's Highest-Profile Prosecutor". WNYC News. Retrieved April 21, 2011.
- ^ Lizz Riggs, Preet Bharara and Mindy Kaling are Harvard Law School's 2014 Class Day Speakers, Harvard Law Today (March 5, 2014).
- ^ a b Shipman, Tim (June 3, 2007). "Mafia prosecutor now has Bush in his sights". The Daily Telegraph. London. Retrieved April 21, 2011.
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- ^ Aruna Viswanatha and Christina Rexrode (May 23, 2016). "Bank of America Penalty Thrown Out in Crisis-Era 'Hustle' Case Appeals court says government didn't prove case, bank doesn't have to pay $1.27 billion". The Wall Street Journal. Retrieved May 24, 2016.
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- ^ "Art Dealer Pleads Guilty in Manhattan Federal Court to $80 Million Fake Art Scam, Money Laundering, and Tax Charges". Federal Bureau of Investigation. U.S. Government. Retrieved February 8, 2016.
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- ^ "Forging Papers to Sell Fake Art," Federal Bureau of Investigation (press release), April 6, 2017
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- ^ "Manhattan U.S. Attorney Charges Bronx City Councilman with Public Corruption Crimes" (PDF) (Press release). U.S. Attorney's Office for the Southern District of New York. February 9, 2010.
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- ^ Glenza, Jessica (March 29, 2012). "Jury Finds Yonkers Officials Guilty in Corruption Trial". The Rivertowns Daily Voice.
- ^ "Sandy Annabi holds 'head up high' as she enters prison". Newsday Westchester. March 4, 2013. Retrieved March 4, 2013.
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- ^ "Manhattan U.S. Attorney Announces Charges Against Four New Defendants in an Unprecedented Scheme to Defraud New York City in Connection with Citytime Project" (PDF) (Press release). U.S. Attorney's Office for the Southern District of New York. June 20, 2011.
- ^ a b c d Weiser, Benjamin; Daniel Krieger; Jack Styczynski (March 12, 2013). "'Ugly Thoughts' Defense Fails; Officer Guilty in Cannibal Plot". New York Times. p. 3/13/13 N.Y. Times A1.
{{cite news}}
:|access-date=
requires|url=
(help) - ^ NYC policeman convicted in plot to kidnap, cook women – News – Journal Star – Peoria, IL. Pjstar.com (March 12, 2013). Retrieved on December 26, 2013.
- ^ "Manhattan U.S. Attorney And FBI Assistant Director-In-Charge Announce Federal Corruption Charges Against New York State Senator Malcolm Smith And New York City Council Member Daniel Halloran" (Press release). United States Department of Justice, US Attorney's Office for the Southern District of New York. April 2, 2013. Retrieved April 2, 2013.
{{cite press release}}
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ignored (|url-status=
suggested) (help) - ^ William Rashbaum; Thomas Kaplan (January 22, 2015). "Sheldon Silver, Assembly Speaker, Took Millions in Payoffs, U.S. Says". The New York Times. Retrieved January 25, 2015.
- ^ Campanile, Carl (January 7, 2015). "Sheldon Silver elected to 11th term as speaker, despite probe". New York Post. Retrieved February 23, 2015.
- ^ "Silver to Resign as Speaker on Monday". NY1 News. January 30, 2015. Retrieved January 30, 2015.
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- ^ "Assembly Speaker Carl Heastie Joins Sharpton's Saturday Morning NAN Rally". CBS. July 2, 2015. Retrieved March 1, 2015.
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- ^ a b Daniel Beekman (March 24, 2014). "Preet Bharara wages war on street gangs, reducing violence in hotspots for gang activity". New York Daily News.
- ^ "United States Charges 78 Members and Associates of Newburgh Bloods and Latin Kings with Narcotics-Trafficking Crimes" (Press release). U.S. Attorney's Office for the Southern District of New York. March 13, 2010.
- ^ John Eligon, 8 Longshoremen Charged With Smuggling Cocaine, New York Times (October 5, 2010).
- ^ Scott Shifrel, Longshoremen busted for helping push a ton of Panamanian cocaine through NY, NJ port, New York Times (October 5, 2010).
- ^ "Manhattan U.S. Attorney Charges 26 Gambino Crime Family Leaders, Members, and Associates on Racketeering, Murder, Narcotics, Firearms, and Other Charges" (PDF) (Press release). U.S. Attorney's Office for the Southern District of New York. January 20, 2011.
- ^
- 91 Leaders, Members and Associates of La Cosa Nostra Families in Four Districts Charged with Racketeering and Related Crimes, Including Murder and Extortion, United States Department of Justice, Office of Public Affairs (January 20, 2011).
- William K. Rashbaum, Nearly 125 Arrested in Sweeping Mob Roundup, New York Times (January 20, 2011).
- ^
- 46 Leaders, Members, and Associates of Several Organized Crime Families Of La Cosa Nostra With Wide-Ranging Racketeering Charges (press release), United States Attorney's Office for the Southern District of New York (August 4, 2016).
- Eli Rosenberg, 46 Charged in Mafia Racketeering Conspiracy, New York Times (August 4, 2016).
- ^ a b c Weiser, Benjamin; Protess, Ben (August 19, 2014). "In Five Years, a Federal Prosecutor Has Taken On Terrorism, Corruption and Cuomo". New York Times. p. A17. Retrieved March 30, 2017.
- ^ a b Benjamin Wesier, Life Sentence for British Cleric Who Helped Plan 1998 Kidnappings in Yemen, New York Times (January 9, 2015).
- ^ Benjamin Weiser, Abu Ghaith, a Bin Laden Adviser, Is Sentenced to Life in Prison, New York Times (September 23, 2014).
- ^ Denis Slattery, Manhattan U.S. Attorney Preet Bharara has nailed countless criminals from thieving politicians to terrorists, New York Daily News (March 10, 2017).
- ^ Joseph Ax, Saudi man gets life in U.S. prison for ties to Africa embassy bombings, Reuters (May 15, 2015).
- ^ David Ariosto, Guantanamo detainee sentenced to life for Africa bombings, CNN (January 25, 2011).
- ^ a b Andy Sullivan & Mark Hosenball, Top U.S. prosecutor says he is fired by Trump administration, Reuters (March 11, 2017).
- ^ Bharara, Preet (June 4, 2012). "Asleep at the Laptop". The New York Times. Retrieved June 4, 2012.
- ^ Benjamin Weiser, Hacker Who Helped Disrupt Cyberattacks Is Allowed to Walk Free, New York Times (May 27, 2014).
- ^ Evan Perez, Shimon Prokupecz & Tom Cohen, More than 90 people nabbed in global hacker crackdown, CNN (May 19, 2014).
- ^ Jonathan Stempel & Nate Raymond, U.S. charges three in huge cyberfraud targeting JPMorgan, others, Reuters (November 10, 2015).
- ^ Benjamin Weiser, Man Who Hacked Celebrities' Email Accounts Gets 5 Years in Prison, New York Times (December 6, 2016).
- ^ Nate Raymond, Arizona man arrested for hacking email accounts at universities, Reuters (November 2, 2016).
- ^ Leslie Picker, 3 Men Made Millions by Hacking Merger Lawyers, U.S. Says, New York Times (December 27, 2016).
- ^ Rezaul H. Laskar, US attorney Bharara charges Pakistani man in $140-mn fake diploma mill scam, Hindustan Times (December 22, 2016).
- ^ Nathan Vardi, U.S. Government Moves To Shut Down World's Biggest Online Poker Companies, Forbes (April 15, 2011).
- ^ Payment Processor for Internet Poker Companies Pleads Guilty in Manhattan Federal Court to Bank Fraud, Money Laundering, and Gambling Offenses (press release), U.S. Attorney's Office for the Southern District of New York (February 28, 2012)
- ^ Payment Processor for Online Poker Companies Pleads Guilty to Laundering Internet Poker Funds (press release), U.S. Attorney's Office for the Southern District of New York (January 12, 2012)
- ^ Hurtado, Patricia; Van Voris, Bob (April 15, 2011). "Eleven Charged in Manhattan for Fraud in Online-Gambling Money Laundering". Bloomberg. Retrieved April 26, 2011.
- ^ a b c Gardiner Harris (December 17, 2013). "Outrage in India, and Retaliation, Over a Female Diplomat's Arrest in New York". New Yorj Times.
- ^ "India removes U.S. Embassy security barriers in spat". Reuters. December 18, 2013. Retrieved December 29, 2013.
- ^ Tara McKelvey, Who, What, Why: Does Devyani Khobragade have diplomatic immunity?, BBC News (December 19, 2013).
- ^ Jonathan Stempel & Shyamantha Asokan, Update 3 – Indian diplomat in U.S. row wins indictment dismissal, Reuters (March 13, 2014).
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- ^ a b "Reason magazine subpoenaed over reader comments on Silk Road judge". The Wall Street Journal. June 9, 2015.
- ^ a b c "How Government Stifled Reason's Free Speech". Reason. June 19, 2015.
- ^ a b Stephanie Clifford, Prosecutors' Secrecy Orders on Subpoenas Stir Constitutional Questions, New York Times (January 1, 2016).
- ^
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- ^ "AG Sessions seeks 46 U.S. attorney resignations including Bharara". New York Daily News. March 10, 2017.
{{cite web}}
: Unknown parameter|authors=
ignored (help) - ^ a b "US Attorney Bharara fired in standoff with Trump". CNN. March 12, 2017.
{{cite web}}
: Unknown parameter|authors=
ignored (help) - ^ a b Mack, David; Geidner, Chris (March 11, 2017). "Federal Prosecutor Preet Bharara Fired After Refusing To Comply With Trump Admin Order To Resign". BuzzFeed. Retrieved March 11, 2017.
- ^ Democrats, some Republicans, condemn Preet Bharara being 'fired', ABC News, David Caplan & Michael Edison Hayden, Mar 12, 2017. Retrieved March 14, 2017.
- ^ Gabriel Sherman (March 12, 2017). "The Big Winner in Donald Trump's Decision to Fire Preet Bharara Might Be Rupert Murdoch". New York (magazine). Retrieved March 12, 2017.
- ^ "With Preet Bharara's Dismissal, Storied Office Loses Its Top Fighter". NYT. March 10, 2017. Retrieved March 12, 2017.
{{cite web}}
: Unknown parameter|authors=
ignored (help) - ^ Abramson, Alana (March 21, 2017). "Preet Bharara, the U.S. Attorney Ousted by Trump, Already Has a New Job". Retrieved April 10, 2017.
- ^ Eric Orden, Manhattan U.S. Attorney Preet Bharara's Office Gets Hollywood Treatment in Showtime Series, Wall Street Journal (January 5, 2016).
- ^ a b Liz Calvario, 'Billions' Creators React To Trump Firing U.S. Attorney Preet Bharara, Offer Him Gig On Showtime Series, Deadline Hollywood (March 11, 2017).
- ^ Joi-Marie McKenzie, 'Billions' creators react to the firing of U.S. Attorney Preet Bharara, ABC News (March 12, 2017).
- ^ Cynthia Littleton, Trump's Firing of New York U.S. Attorney Preet Bharara Evokes 'Billions', Variety (March 11, 2017).
- ^ Jeffrey Toobin, The Showman: How U.S. Attorney Preet Bharara struck fear into Wall Street and Albany, New Yorker (May 9, 2016).
- ^ a b Alex Altman, Randy James & M.J. Stephey, 9/11 Prosecutor Preet Bharara, Time (November 13, 2009).
- ^ a b Roger Parloff, Nominee for Manhattan U.S. Attorney: A nonpartisan star, Fortune (August 25, 2009).
- ^ Jason Horowitz, When Preet Bharara speaks, the shady get nervous, Washington Post (April 4, 2013).
- ^ Peter Lattiman, The Fabulous Bharara Boys, New York Times (June 9, 2011).
- ^ Mishkin, Budd. "One on 1 Profile: From Terrorism to Corporate Crime, US Attorney Preet Bharara Prosecutes High-Level Cases", NY1, New York, April 7, 2014.
- ^ The 2012 Time 100, Time, "Preet Bharara". By Viet Dinh. Retrieved April 23, 2012.
- ^ "Preet Bharara, the Man Who Makes Wall Street Tremble, Is India Abroad Person of the Year 2011". Rediff. June 30, 2012.
- ^ Bharara, Preet. "Person of the Year Acceptance Speech". Rediff. Retrieved June 29, 2012.
- ^ Calabresi, Massimo; Saporito, Bill (February 13, 2012). "The Street Fighter". Time.
{{cite news}}
: Unknown parameter|lastauthoramp=
ignored (|name-list-style=
suggested) (help) - ^ State, City &. "Preet Bharara dishes on Springsteen, Yankees and his legal role models". cityandstateny.com. Retrieved March 13, 2017.
- ^ Lattman, Peter (November 1, 2012). "The Bruce-Bharara Bromance". The New York Times. Retrieved November 1, 2012.
- ^ Fordham Notes: U.S. Attorney Preet Bharara Honored by Fordham Law. Fordhamnotes.blogspot.com (May 20, 2013). Retrieved on December 26, 2013.
- ^ Graduation 2013: Keynote Speaker: Preet Bharara '93, Columbia Law School.
- ^ Harvard Law School. "Preet Bharara's Speech at Harvard Law School Class Day 2014".
- ^ "Bloomberg Markets' 50 Most Influential". Bloomberg Markets Magazine. September 5, 2012.
- ^ "The New Establishment 2012". Vanity Fair. October 2012.
- ^ "The New Establishment 2013". Vanity Fair. November 2013.
External links
- 1968 births
- 20th-century American lawyers
- American people of Indian descent
- American people of Punjabi descent
- Columbia Law School alumni
- Harvard University alumni
- Indian emigrants to the United States
- Insider trading
- Living people
- People from Eatontown, New Jersey
- People from Firozpur
- United States Attorneys for the Southern District of New York