Charlemagnes Seek Dismissal of Federal Fraud Case, Say HUD Publicity Tainted Jury Pool

Davidson and Sasha Charlemagne have asked the District Court to dismiss the federal fraud and money-laundering conspiracy charges against them, arguing in a series of motions that statements by the U.S. Department of Housing and Urban Development violated court-imposed restrictions and helped create a level of pretrial prejudice that makes a fair jury trial impossible.

In a joint motion alleging violations of their Fifth Amendment due process rights and Sixth Amendment right to a jury trial, defense attorneys focus heavily on HUD’s July announcement suspending the Virgin Islands Housing Finance Authority from receiving federal funding.  That notice referenced the conviction of former VIHFA Chief Operating Officer Darin Richardson and, in describing the conduct surrounding the authority’s lumber management contract, stated that “D&S Trucking and its owners were significantly overcompensated for the services provided to VIFHA…due to fraudulent acts committed by D&S Trucking’s owner.”

HUD also said Mr. Richardson accepted a payment of $107,000 “as a kickback from a co-owner of ISG.” Prosecutors have alleged that ISG subcontracted the VIHFA lumber management contract to D&S Trucking.  The Charlemagnes contend that those public statements ran afoul of court orders restricting what prosecutors may present at trial regarding Mr. Richardson. Their motion says the prosecution is barred from referring to Mr. Richardson’s convictions or improper conduct when discussing his role in awarding the contract that ultimately placed D&S Trucking in charge of lumber intended for hurricane relief.  Because HUD is the investigating agency in the prosecution, defense attorneys argue that the agency’s public comments cannot be separated from the government’s criminal case.  READ MORE...https://viconsortium.com/vi-federal/virgin-islands-charlemagnes-seek-dismissal-of-federal-fraud-case--say-hud-publicity-tainted-jury-pool