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In SDNY Aviram Azari Denied Computer Hacking Then Pled, Sentencing Now Nov 16 | #hacking | #cybersecurity | #infosec | #comptia | #pentest | #hacker


In

SDNY Aviram Azari Denied
Computer Hacking Then Pled,
Sentencing Now Nov 16

By Matthew
Russell Lee,
Patreon

SDNY COURTHOUSE, Oct 17 –
Charged

with computer
hacking,
Aviran Arazi
was arrested
at New York’s
JFK Airport on
September 29,
2019 at 5:30
am. He was
presented and
pled not
guilty before
U.S. District
Court for the
Southern
District of
New York
Magistrate
Judge Kevin N.
Fox on
September 30.

 

He had
retained paid
counsel, who
while
consenting to
Azari’s
detention
pending
putting
together a
bail package
to be
presented to
SDNY District
Judge John G.
Koeltl asked
for medical
attention to
his right eye.
“My client is
an Orthodox
Jew,” he said,
requesting
Kosher food
and the
ability to
pray
particularly
during Rosh
Hashana. 

 

The 
indictment,
signed by
Magistrated
Judge
Katharine H.
Parker on
August 28 and
wheeled out to
District Judge
Koeltl who
will see Azari
on October 14,
charges that
Azari worked
with
co-conspirators
to hack into
accounts
including by
using
so-called
phishing
emails.

  

It referred to
“successful
intrusions
various
hackers had
accomplished
that month
[July 2018],
including
PURTY.”

Then

the case was
pushed back to
September 30
and time
excluded:
“ORDER as to
Aviram Azari.
The parties
are directed
to appear for
another
conference on
September 30,
2020 at 10:30
A.M. Because a
continuance is
needed to
assure the
effective
assistance of
counsel, to
allow the
defendant time
to review
discovery, and
to allow the
parties to
discuss a
disposition
short of
trial, the
Court
prospectively
excludes the
time from
today, July
31, 2020,
until
September 30,
2020, from
Speedy Trial
Act
calculations.
The Court
finds that the
ends of
justice served
by granting
the
continuance
outweigh the
best interests
of the
defendant and
the public in
a speedy
trial. This
Order is
entered
pursuant to 18
U.S.C. §
3161(h)(7)(A).
Time excluded
from 7/31/2020
until
9/30/2020.
(Signed by
Judge John G.
Koeltl on
7/31/2020)

 September

30, 2020 was a
full year
after he was
presented
before Judge
Fox.

 Then

more: In April
2021, this:
“ORDER as to
Aviram Azari:
At the request
of the
defendant, the
conference
scheduled for
April 16, 2021
is adjourned
until June 14,
2021 at 9 am.
The
continuance is
needed to
assure
effective
assistance of
counsel, given
the complexity
of the case
and the
voluminous
record.
Therefore, the
Court
prospectively
excludes the
time from
today, April
15, 2021,
until June 14,
2021, from
Speedy Trial
Act
calculations.”

On

June 14, 2021,
this: “SPEEDY
TRIAL ORDER as
to Aviram
Azari. The
parties are
directed to
appear for a
conference on
Monday, August
9, 2021, at
9:00am, before
the Honorable
John G.
Koeltl. The
Court
prospectively
excludes the
time from
today until
August 9, 2021
in calculating
the speedy
trial date
under 18
U.S.C. 3161 in
order to
assure
effective
assistance of
counsel and
because the
ends of
justice served
by ordering
such a
continuance
outweigh the
best interest
of the public
and the
defendant in a
speedy trial
pursuant to 18
U.S.C. §
3161(h)
(7)(A). Time
excluded from
6/11/2021
until
8/9/2021.
(Signed by
Judge John G.
Koeltl on
6/11/2021).”

As

it turned out,
there was a
conference
held on
October 5,
2021 and Inner
City Press
covered it.
There was
consecutive
interpretation
by a Hebrew
interpreter
and another
conference was
set for
December 7.
Defense
counsel was
given best
wishes for his
medical
procedure.

On

March 14,
2022, this:
“SPEEDY TRIAL
ORDER as to
Aviram Azari.
The parties
are directed
to appear for
a conference
on Wednesday,
April 13,
2022, at
11:00am, in
Courtroom 14A,
before the
Honorable John
G. Koeltl.
Because the
additional
time to
schedule a
conference in
this matter is
due to the
unavailability
of the
parties, the
Court
prospectively
excludes the
time from
today until
April 13,
2022.”

On

April 20,
Inner City
Press went in
person to
cover Judge
Koeltl’s next
proceeding in
the case – and
this time,
Azari was
there to plead
guilty. He was
in beige
prison garb,
with a Hebrew
interpreters
and four
people in the
gallery,
beyond Inner
City Press. He
pleaded guilty
to Courts 1, 3
and 4 and
sentencing was
set for July
21 at 11:30
pm.

On

May 9, Judge
Koeltl ordered
notice to
victims, as is
being
requested in
the OneCoin
cases: “ORDER
as to Aviram
Azari: It is
hereby ORDERED
That the
following
procedures are
reasonable and
give effect to
the
notification
rights
contained in
Title 18,
United States
Code, Section
377l(a): 1.
The United
States
Attorney’s
Office will
post
notification
about
scheduled
public
proceedings on
its Internet
website at
http://www.usdoj.gov/usao/nys
on a page for
this case and
that page will
also provide
the following
information:
a. The
caption, case
number and
assigned judge
for the case
for which
notification
is made; b. A
substantially
verbatim
listing of the
rights
provided for
in Title 18,
United States
Code, Section
377l(a); c. A
listing of
public
proceedings
scheduled in
the case; and
d. The name
and contact
information
for a United
States
Attorney’s
Office
official with
responsibility
for addressing
victims’
rights. 2. The
Government
will update
its Internet
posting
relating to
this case to
reflect
scheduled
public
proceedings,
within a
reasonable
period of time
of such
scheduling.
(Signed by
Judge John G.
Koeltl on
5/9/2022).”

On

June 20, 2023,
his sentencing
was further
delayed:
“Minute Entry
for
proceedings
held before
Judge John G.
Koeltl: As to
Aviram Azari:
Sentencing set
for 6/28/2023
adjourned to
8/1/2023 at
11:00 AM in
Courtroom 14A,
500 Pearl
Street, New
York, NY 10007
before Judge
John G.
Koeltl.”

And

then, for a
change of
pace, his
sentencing was
moved up: “As
to Aviram
Azari:
Sentencing set
for 11/7/2023
advanced to
10/18/2023 at
02:30 PM in
Courtroom 14A,
500 Pearl
Street, New
York, NY 10007
before Judge
John G.
Koeltl.”

On

October 12,
the US asked
for a sentence
withing the
guidelines:
that is, 111
to 132 months.
The defense
sentencing
submission,
which was due
on October 6,
was not in the
docket even by
the evening of
October 12…
 
Later, and
late, it was
docketed, and
asked for 60
months, saying
he had been
“left to die”
in jail. It
cites his IDF
service and
redacts large
sections.

On

October 17,
the sentencing
was delayed:
“ENDORSED
LETTER as to
Aviram Azari
addressed to
Judge John G.
Koeltl from
Attorney Barry
Zone dated
October 17,
2023 re: On
behalf of my
client, Aviram
Azari, we most
respectfully
request that
sentencing,
which is
presently
scheduled for
tomorrow,
October 18,
2023, be
rescheduled to
November 15th,
16th or 17th,
as these three
dates are the
soonest that
work for the
government and
me.
ENDORSEMENT:
Adjourned to
Thursday,
November 16,
2023, at
11:00AM
(Signed by
Judge John G.
Koeltl on
10/17/2023).”

Inner

City Press
will continue
to follow this
case. It is
US

v. Azari,
19-cr-610
(Koeltl). 


***

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