- Kasulis Declaration Signed
- Walters, Government Opposition Memo
- Memorandum And Order dckt 104_0
- Castel Transcript
- Public Filing of Ex Parte Submission
- Dkt 68 – Memorandum [dckt 68_0]
- Dkt 92 – Walters Reply Memorandum of Law
- Billy Walters Email Chain (dckt 59)
- Billy Walters Email Chain (dckt 65)
- Memorandum [dckt 68]
- Jan 4 2017 Public Filing
- Dkt 69 – Schoeman Declaration
- Dkt 92.1 – Memo of Law
This vendetta goes back 31 years, when the government first indicted Walters and ended up with egg on its face after he was acquitted. Embarrassed, the government dedicated itself to getting Billy Walters.
And they finally got their man earlier this year by breaking the law themselves. It’s disturbing, unacceptable and immoral.
Whether it was the manner in which they arrested Mr. Walters, or the leaking of confidential grand jury testimony to New York Times and the Wall Street Journal, or seeding the prosecution’s star witness defense team with a former justice department attorney in possession of his own “inside information.”
The fix was in. The government conspired to destroy Walters’ life by breaking the law, denying him of due process rights afforded by the United States Constitution, and robbing him of his freedom.
How did this happen?
Under the Obama Justice Department there was a culture of corruption baked into a mission to go after so-called “white collar crimes.” Prosecutors hunted their targets using any means necessary – including lying and breaking the law themselves.
Government attorneys and FBI agents operated on the belief that the ends justify the means and the Walters case is a frightening example of outof- control government by government officials who felt they were above the law and had an insatiable appetite for publicity.
Look at the Walters arrest.
An anonymous source has confirmed to Liberty Watch that Mr. Walters was arrested at his Las Vegas office on May 16th, 2016 and then whisked away by FBI agents to the J.W. Marriott Hotel where he was kept on ice overnight until his arraignment the following day.
Normally when someone is arrested they’re taken to jail, right? That’s the whole concept of being arrested. You go to jail. Not a luxury hotel. As the popular saying goes, “What’s up with that?”
Well, according to our source the U.S. Attorney for the Southern District of New York, Preet Bharara, didn’t want the media to get wind of Walters’ arrest before he could make the announcement personally, in front of cameras, at what can only be described as a circus-like press conference.
Bharara had charts and a gaggle of FBI agents and U.S. attorneys lined up behind him. He even brought out the Postal Inspector. And for 29 minutes and 47 seconds, the carnival barker, in a manner that would have made P.T. Barnum himself proud, endeavored to convince the world that Billy Walters was the greatest threat to America since Benedict Arnold.
Bharara’s prosecution-by-press-conference was just a continuation of the government’s misdeeds and illegal acts in this case. He spent half an hour publicly shredding Walters’ reputation with unproven charges and innuendo based on shockingly unlawful investigatory tactics.
David Chaves was the FBI’s coordinating supervisory special agent overseeing the government “hit squad” that conducted the investigation into alleged insider trading. And for 22 months, from June 2011 to the end of April 2013, the government pursued Walters.
The result? A big fat zero. Nothing. They had no case.
Chaves and his bosses, including Bharara, (View Billy Walters Email Chain) were frustrated, angry and once again embarrassed. And that’s when Chaves cooked up a plan to violate Walters’ rights and break the law himself by leaking confidential grand jury information to reporters at the Wall Street Journal and the New York Times (View Billy Walters Email). Chaves was so hell-bent on getting Walters that he knowingly and willfully violated Walters’ constitutional rights for over two years.
And where was Preet Bharara while all this was going on?
According to court filings, Bharara became aware of the leaks as early May 2014. Yet did nothing to stop them. Instead he wrote a standardissue, bureaucratic, cover-your-arse email to Chaves’ bosses expressing faux outrage over the unlawful tactics used to resurrect this “cold case”.
Let’s review: The government admits it knew about Chaves’ leaks. They also knew he repeatedly broke the law for 29 months. And has admitted to his misdeeds. Yet to this date he’s only the subject of an internal investigation led by the Department of Justice’s Public Integrity Section?
Am I missing something here? The government’s been “investigating” Chaves for seven months, including during Walters’ trial…and nothing? What the hell is going on?
Again peel back the onion and it stinks even more. A source close to Liberty Watch tells us that Chaves’ lawyer warned in a conversation that if they go after his client, “He’s not going down alone.”
So now everyone involved is circling the wagons and kicking the can down the road.
The biggest problem with the Chaves “investigation” is (USAO) Preet Bharara. He and he alone created this culture of corruption. And what he and his prosecution team – Daniel Goldman, Brooke Cucinella and Michael Ferrara – did to violate Billy Walters’ constitutional rights is simply outrageous!
What’s even sadder is that Judge Kevin Castel, fully aware of Agent Chaves’ illegal leaks and other government misconduct, should have tossed the case. Examples of prosecutions being thrown out for considerably less are legion.
Instead, just prior to testimony by the government’s star witness, Tom Davis, Judge Castel advised Walters’ defense team that it was prohibited from asking Davis about the source of the “quote, unquote leaks.” Here’s exactly what the judge declared, according to the court transcripts…
“What the defense may not do, is inquire as to Davis’ belief as to the source of the leaks, or what he may have been told or learned as to the source of the leaks. Because the source of the leaks have very limited probative value in this case, and they’re substantially outweighed by the danger of unfair prejudice, because it invites the jury to speculate whether there is something unfair about this prosecution, whether the government should be held to a different standard because of the actions of a government agent.
“Those are issues that are reserved to the Court, they are not issues fairly presented to the jury, and allowing inquiry into the source of newspaper articles or Davis’ belief of the source of the articles or Davis’ speculation as to the source of the articles, delves into an area of limited probative value which is substantially outweighed by the danger of unfair prejudice and jury confusion. And that’s my ruling.”
Got that? The defense was banned from making the jury aware that Chaves broke the law in his sleazeball efforts to build a case against Walters because members of the jury just might be outraged by “the actions of a government agent.” How is this anything but a government cover-up conspiracy?
But, hold on to your seats; it gets worse. Meet Tom Davis.
You really only need to know one thing about him, and that’s the number 29. Because it took the government 29 separate interviews with Davis to concoct the story they finally landed on to indict Billy Walters.
Davis is a confessed liar. He has pled guilty to embezzlement, tax fraud and perjury. He’s a crook, plain and simple. And as part of the government’s illegal acts and misdeeds, they spent a lot of time and effort pressuring Davis to get the story they wanted because without Davis the investigation was going nowhere.
Indeed, before the government started putting the squeeze on Davis he was adamant, and declared in a sworn statement, that he “never provided Bill Walters any confidential information whatsoever. I’m certain of that.”
But then a guy named Ben Naftalis was hired by Davis’ legal team…and suddenly Davis changes his story and starts cooperating with the government.
So who is Ben Naftalis and why was his addition so consequential? Drum roll please…
He’s a former prosecutor for the U.S. Attorney’s Office for the Southern District of New York where he was a co-worker with the government’s prosecution team! He was retained by Davis in late January 2016 shortly after he left the USAO. How convenient is that?
The fix was in. But in the eyes of Judge Castel, nothing to see here.
Our Constitution is supposed to provide for equal protection under the laws. But who was protecting Billy Walters?
Certainly not the rogue FBI agent, David Chaves. Or the government’s prosecutorial team who assured the “fix was in” by somehow getting their guy, Ben Naftales, onto the Davis defense team. Or the narcissistic U.S. Attorney, Preet Bharara. Or worse, Judge Castel who allowed this travesty to actually play out in his courtroom.
It’s clear that this was a political prosecution. And it was absolutely, positively a miscarriage of justice. Hopefully a higher court will correct this injustice on appeal. Or maybe this is a case deserving of review by the White House itself.
When you add it all up you have: Fake news in major national newspapers, lies and innuendo, character assassination, FBI leaks, and Obama appointees serving as tools for the political left. Feels like deja vu all over again, doesn’t it? Because what they’ve done to Billy Walters is exactly what they’re trying to do to…
President Donald J. Trump. LW