Marks and Brooklier File for New Trial in Department of Justice Case Against Shervin Neman

Ineffective Assistance of Counsel Cited

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Exhibit A, filed in the new motion, is a bank receipt for approximately $4 million dollars.

Los Angeles, CA (PRWEB) June 03, 2014

Motion for a new trial in the Department of Justice (Case No. 2:13-cr-00289-ODW) against Shervin Neman has been filed citing, in part, ineffective assistance of counsel at trial.

Tony Booklier, who represents Mr. Neman wrote in a motion filed last Thursday, May 28, 2014 “The full amount of money owed to Robert Whitsett and Mr. & Mrs. Robert Turner was available through a Goldman, Sachs & Co. account previously in the name of Shervin Neman.” The motion goes on to say “The existence of this money was disclosed to Ms. Shinar Le Barre in the previously mentioned e-mail of April 29, 2013, more than one year prior to the commencement of trial.”

Exhibit A, filed in the new motion, is a bank receipt for approximately $4-million dollars.

The motion continues to argue that defendant did not have the intent to defraud by saying, “As further set forth in the attached declaration of Anthony P. Brooklier, the defendant had sufficient funds to repay two (2) investors (i.e., Robert Whitsett and Robert Turner) the amounts owed to them. The defendant’s intention to repay the monies was apparently specifically expressed by the defendant to trial counsel during the trial and documentation was provided to trial counsel indicating the existence of these funds. Defendant’s trial counsel, however, did not disclose this information to the Court, jury and the government.”

That the trial counsel failed to present evidence to rebut the mail fraud count are also cited in the filing. “The Defendant’s Trial Counsel Failed To Present Evidence That Robert Whitsett Did Not Receive A Check Allegedly Federal Expressed By The Defendant To Whitsett In The Amount Of $2,235.800.00,” the motion states.

This motion will be heard on July 14 at 10 A.M. in Federal District Court in the Spring Street Courthouse at 312 N. Spring Street in Los Angeles, CA, 90012, before Judge Otis D. Wright II. Brooklier had asked to sub in for previous counsel the day before the trial began. The judge denied it.

Attorney Michelle Correll represents Neman in the Neman v. Citigroup Global Markets (Case No. 2:14-cv-02499) now filed in February of 2014 for $830 million dollars. She also represents him in the SEC matter (No. 2:12-cv-03142-BRO-PLA) as well as his legal fund.

There is a freeze on all of Mr. Neman’s money and assets that was filed by the SEC in April, 2012. The legal fund was started because Shervin is not allowed to use any money or assets to defend himself.

The URL for the Shervin Neman Legal Fund is http://www.ShervinNemanLegalFund.com.


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