Posted on May 22 2019
Cohen’s Warrant isn’t where the action is...
Higgonbotham is, yes Grand Jury Unsealed
I have never understood why the George Higginbotham case rarely gets the attention it should. In my line of work when you see a one count Criminal Information, but then rattled off various co-conspirators and numerous financial institutions, this typically means said “Defendant” cut a sweet deal and turned on the other co-conspirators.
And yes it’s great that the Chief Judge In DC recently ordered the Government to unseal the Cohen Search warrant(s) but frankly there really isn’t anything new. See April 2018 here & here. see November 2018 entry here. See February 2019 entry here (re warrants). Because everyone overlooked that the same day Cohen’s home, office and hotel room were raided so was Keith Davidson also see April 28, 2018 entry here re Davison & Cohen Search Warrants. Also see original April 2018 unrolled Twitter Thread Archive
Conversely in the Higginbotham matter...holy shittlestixs.
November 2018 DOJ-OPA -Higginbotham Info
What a lot of people missed was, concurrently after announcing the George Higginbotham Plea Deal & Factual Basis, the DOJ also announced via
...announced today the filing of a civil forfeiture action in the U.S. District Court for the District of Columbia seeking to forfeit and recover more than $73 million in funds associated with an international conspiracy to defraud U.S. financial institutions and to launder funds controlled by Jho Taek Low, also known as “Jho Low,” an individual who is the subject of an indictment filed in the Eastern District of New York, alleging that Low and others conspired to launder billions of dollars embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s investment development fund, and pay hundreds of millions of dollars in bribes to foreign officials, among other things.Attachment(s):
Firstly you can laugh and judge me all you want but here’s where the rubber meets the road. Unlike some on Twitter, I actually 1) read the goddamn Court filings and subsequent transcripts, 2) a majority of the time I tend to drop receipts to back up my assertions, and 3) I almost always give you an open source link to said documents.
But here’s what you need to know, the SAME day the DC Court Ordered the Government to file (redacted) Cohen search warrants, the Court ALSO Ordered the Higginbotham search wants to be unsealed. Yet predictably Twitter and the MSM writ large are hyperventilating about Cohen.
March 15 & 17 2019 Case Update
Where I gave you two timely updates and a sneak peak of the transcript that I was going to dissect. For the record I do the lion’s share of deep dives on the weekends. Because during the week I’m otherwise preoccupied with actual work. I mean imagine that. And by work I don’t mean sitting on my chaise lounge stuffing bon bons in my calorie hole. While I am Cyber-stalking a former lover. Since unlike you (and you, know exactly who you are) I am totes happily married and I didn’t cheat on my spouse by flying to another Country for some tawdry casual hookup. Nor did I spin some (arguably clinically) delusional not-based in reality story about that dude, whom you’ve now libeled, I mean labeled as a super gross child-porn-incest-porn running a 100+ bon-nets who’s also simultaneously laundry millions in bitcoin. Nope that’s not me, at all that’s you. <snort>
However last Friday March 15, 2019 a status hearing was held and he remains out on bond via Continued on Personal Recognizance and the Judge scheduled the next Status Conference for August 2, 2019. I guess one could infer that Higgenbotham is fully and forthrightly a proactive cooperating witness because beyond that I have no other reasonable explanation as to why the defendant is being treated with such deference
March 18, 2019 Entry
Unlike some yes I actually read every document I blog or Tweet(ed) about, meaning I took the time to drill down on Higginbotham’s Hearing and came up with a decent amount of facts that no one actually reported on. FFS it’s all right there in the Hearing Transcript:
For the purpose of this write up, I’m only going to focus on Broidy and Higginbotham as it relates to Broidy’s significant criminal exposure. Granted I’ll readily admit that most individuals do not spend their free time reading or in my case re-reading hearing transcript. I like to read...a lot <snort>
March 23, 2019 SCO Mueller
Where I attempted to cull the various investigations that the Special Counsel’s Office likely framed out to other AUSAs throughout the Country. Remember that the link of George Higginbotham is tied to 1MBD, Elliot Broidy George Nader
See George Higginbotham Plea
DOJ Factual Basis for Higginbotham Plea Deal
With respect to George Nader, it’s weird that his “participation” in the Special Counsel Report has rarely been mentioned. Granted we all know that Nader has a very checkered Child Porn past. As you know I’ve written extensively about Nader, Broidy, Royce but more importantly the Special Counsel’s Office mention George Nader some >330 times in Volume I of their Report. But I remember creating a twitter thread and I couldn’t figure out why George Nader had several years where he was literally a ghost. As in zero digital finger print. It wasn’t until March of 2018 did (we) get an answer to the “fallow period” of George Nader, he was in jail for actual child prom.
Accordingly below are the various pages where George Nader is mentioned. The format Page & X = times mentioned on the page. (Again please note that the page # is not the page marked on the report itself) oddly Nader is only mentioned in
Special Counsel Report Volume I:
6 x 1, 155 x 20, 156 x 60, 157 x 10, 158 x 26, 159 x 100, 160 x 90, 161 x 60, 162 x 28, 163 x 6, 164 x 2, 165 x 2, 165 x 2, 166 x 3 and 167 x 7.
But in my opinion within Mueller’s Report Pages 155 thru 162 are of utmost importance. Why? Grand Jury, that’s why.
May 12, 2019 DOJ & 1MBD
And yes while trying to keep up with the daily Trump news tsunami, occasionally its a blessing not to be sucked into the black hole aka Twitter. This gives me (and others) the opportunity to tune out Trump’s twitter screeds and constant fighting. See the May 12, 2019 write up and dissection of the Indictment here, which does read in part:
For those of you who have followed me on Twitter and this blog then you know that I’ve had an odd obsession with the 1MBD Fubar. Yet even I was a bit caught off guard by yesterday DOJ OPA Release, which reads in part:
A United States entertainer and businessman and a Malaysian financier were charged in a four-countindictment unsealed today in the District of Columbia for conspiring to make and conceal foreign and conduit campaign contributions during the United States presidential election in 2012
The unsealed indictment charges PRAKAZREL MICHEL and LOW TAEK JHO with the following counts:
Higginbotham unsealed Warrant
So as previously mentioned yes of course it’s fine to pay attention to the Cohen warrant being unsealed but you should also review the recent Higginbotham’s Search Warrant. Because I’m fairly certain the “redacted” name(s) are likely those in the May 12, 2019 DOJ Indictment (as noted and embedded above).
The unsealing of the search warrant as detailed below is critically important:
Filing Date: Thursday, November 9, 2017 Case Number: 17-mj-619
Case Title: In re Search of Information Associated with [REDACTED] and [REDACTED] which are Stored at Premises Controlled by Google.Document Type: Grand Jury
On page 2 of Chief Justice Howell’s newly unsealed Memorandum Order re Grand Jury Materials re Higginbotham
“...the government must make a prima facie showing that the crime-fraud exception to the attorney-client privileged applies.”
See Black’s Law Dictionary for:
The American Bar Association defines the “crime-fraud exemption” as:
The attorney-client privilege is one of the oldest privileges in law. Without such a privilege, clients may not feel compelled to fully and openly communicate with their attorneys. The privilege is not absolute, however, and there are certain exceptions that allow the opposing side access to communications that would normally be protected. One such exception, known as the crime-fraud exception, involves communications in furtherance of a contemplated or ongoing crime or fraud.
The crime-fraud exception was first recognized in the United States over one hundred years ago, and the policy behind it is well-defined. (The crime-fraud exception was first recognized in the United States in Alexander v. U.S., 201 U.S. 117, 121 (1906).) The legal community does not deem discussions concerning future wrongdoings, such as fraud, that occur during an attorney-client communication worthy of protection. Id. at 562–63. While the practice of law encourages full and frank communications between the attorney and client, only communications concerning past wrongdoings are protected.
In non-legalese if you, as an attorney (an officer of the Court) can not engage in conduct (both A/C privilege and work product privilege) in the furtherance of a crime or fraud. Hence privilege is then likely disregarded provided a Court adjudicates that privilege is waived. One thing to keep in mind:
’Crime-fraud exception only applies when the legal advice "gives direction for the commission of future fraud or crime.” Pallon v. Roggio, 2006 (Aug. 23, 2006). Also to refresh your memory as it relates the DC:
Back to the newly unsealed Grand Jury Matter re Higginbotham, granted much of the redacted information has now been unmasked in the various Indictments, Plea Deals and Affidavits but in a weird way it’s somewhat satisfying seeing the underlying documents. Given I’ve spent about 20+ months quietly tracking the gnarly 1MBD fubar.
And I could be wrong but I don’t think we, the general public had this much level of detail regarding the 1MBD and Higginbotham’s Role...that’s an incomprehensible amount of money. Although given the totality of the 1MBD scandal it’s not that much, it’s oddly perfectly reasonable, I suppose.
And while some of you may not care but personally speaking I always wondered about the how/when/who the DOJ identified the various entities in the Higginbotham matter. Specifically the Hong Kong Company because for almost two and a half years I’ve been quietly monitoring the epic 1MBD fubar. And now based on the footnote we finally now when and how. It also reminds me of my March 2017 thread where I dissected why BSA & AML would be really important in the context of 1MBD and the Trump Administration
Like I said yes I get why the Cohen search warrant literally sucked the oxygen out of numerous newsrooms but I’d submit that the newly unsealed Higginbotham Grand Jury Order is far more important. Why? Because 1MBD will likely go down as the biggest heist in modern history...that’s why.
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