JAMES C. NEVILLE
ATTORNEY AT LAW
14 VANDERVENTER AVENUE
POST OFFICE BOX 1711
PORT WASHINGTON, NEW YORK 11050
TELEPHONE: (516) 883-5905
FACSIMILE: (516) 883-9508
October 11, 2011
Honorable Arthur D. Spatt
Senior United States District Judge
United States Court
Eastern District of New York
100 Federal Plaza
Central Islip, New York 11722
Re: U.S.A. v. Frederick Celani, 09 Cr. 405 (ADS)
Dear Judge Spatt:
This letter is to respectfully and urgently request a status conference in the above-captioned matter for this Friday, October 14, 2011. I request an opportunity to attempt to move this Honorable Court to reconsider the October 17, 2011 motion deadline, and to apprise the Court of certain urgent and important developments in this case.
If I am left with the October 17, 2011 motion deadline, I will be compelled to request to be relieved as Mr. Celani#226;#128;#153;s counsel, as I will be unable to effectively represent him in this very complicated matter. If I am forced to waive motions on behalf of Mr. Celani due to my failure to submit said motions by October 17, 2011, I will stipulate that I have rendered ineffective assistance of counsel to Mr. Celani, and that therefore Mr. Celani#226;#128;#153;s Sixth Amendment right to counsel will have been violated.
Numerous motions have already been made by the defense in this case, and, to date, they have been ignored by Mr. Lunger.
I cannot let Mr. Lunger of the Government lead this Honorable Court to believe that this case is nothing but a Ponzi scheme, which, if the Court is so convinced, will serve to deny Mr. Celani his right to defend himself, and, in my respectful opinion, will also not serve the truth.
This case represents the results of a U.S. Government intelligence operation, with which Mr. Celani was intertwined. Mr. Lunger may not himself know that Rainmaker and Gold and Green were part of said intelligence operations, but I am convinced that such is the case herein.
I would like an opportunity to address the Court in person to elaborate on these points, and to request more time for discovery and for motion deadlines. As an example, an estimated 20 to 25% of the documents provided by the Government on Compact Disks do not #226;#128;#156;open#226;#128;#157; when used with the computer at the MDC. Furthermore, when I attempted to collect from Mr. Celani the 25 disks concerning this case to bring them out of the MDC, I was threatened with arrest if I brought the disks out of the visiting room. There are materials that I must have to further review discovery and pursue the above-reference line of defense for Mr. Celani, and I have been stymied in my attempts. Mr. Lunger now opposed my respectful request for more time to submit defense motions, a stance that I find petty and outrageous at least, and at worst, a purposeful attempt to hurry this case along to prevent Mr. Celani from defending himself. It took the FBI and Mr. Lunger#226;#128;#153;s office almost two years to copy computer hard drives, a task that, I have been told by persons much more knowledgeable than me about computers, should have taken a week or two, at the most. Why now is Mr. Lunger in such a hurry?
Whether Mr. Lunger is aware of this or not, I don#226;#128;#153;t know, but I believe the FBI and other elements of the U.S. Government are attempting to cover up what really happened in this case. After I traveled to Washington to serve a subpoena at Rep. Dingell#226;#128;#153;s office, they responded that no file exists on Frederick Celani, and that he is just a liar. Mr. Lunger uses Rep. Dingell#226;#128;#153;s #226;#128;#156;False Allegations of Frederick Celani#226;#128;#157; as proof that Mr. Celani is unworthy of belief, but when I try to subpoena the file and records from Rep. Dingell#226;#128;#153;s office, I get stonewalled. First Rep. Dingell, through his lawyer, stated that the file on Mr. Celani was destroyed. Then, Rep. Dingell#226;#128;#153;s lawyer stated that there existed no immunity letter addressed to Mr. Celani. If the file was destroyed, how could the lawyer know what was in the file?
This has to stop. I need to more time to investigate this case, because I now firmly believe that Mr. Celani is telling me the truth about this case. Why were numerous persons sued in California by the SEC for the very same alleged behavior as what we have in this indictment, found to be liable, including the Government witness Alireza Dilmaghani, only to have Mr. Celani be the sole defendant in this criminal matter in New York? There is a cover up afoot here, and if I am to continue as Mr. Celani#226;#128;#153;s lawyer, I need more time to corroborate and substantiate my defense. Mr. Dilmaghani, the Government#226;#128;#153;s witness in this case, was continuing to practice law in the State of New York notwithstanding this fraud finding by a Federal District Judge in California, until I made a motion to Naomi Goldstein, Esq. of the First Department Disciplinary Committee for any records of investigations of Mr. Dilmaghani. Mysteriously, or maybe not so mysteriously, Mr. Dilmaghani was suspended sometime following my inquiry to the First Department of Mr. Dilmaghani.
Mr. Lunger stood up in open Court and represented to Your Honor that there are no classified materials concerning this case. I believe Mr. Lunger is wrong, even though he may believe what he says. I wonder if Mr. Lunger is willing to state on the record to Your Honor that the FBI#226;#128;#153;s Joint Terrorism Task Force never visited the Furman Law Firm in New York City following the Death of Daniel Furman? I wonder if Mr. Lunger even knows who Daniel Furman was?
If this Honorable Court so allows, in open Court I will outline why I need more time, and further investigation of this case. I refuse to allow Mr. Celani to be #226;#128;#156;railroaded#226;#128;#157; by the Department of Justice and the State Department. I will be asking the Court to assign a second lawyer to the case, a lawyer who has experience with classified document review and who has been authorized to do such sensitive work. I believe this case implicates the Classified Information Procedures Act (#226;#128;#156;CIPA#226;#128;#157;), and must be governed by said Act. I am not willing to simply take Mr. Lunger#226;#128;#153;s word that there are no classified documents concerning this case. I believe when subpoenas are served on numerous federal agencies, those agencies will move to quash said subpoenas, stating that certain records are #226;#128;#156;classified#226;#128;#157;, and that the documents implicate the always-employed #226;#128;#156;trump#226;#128;#157; card, #226;#128;#156;National Security.#226;#128;#157;
I believe Mr. Celani has been some type of contract Government operative, and, for some unknown reason, has fallen out of favor with his former handlers. This case is not what Mr. Lunger says it is–a #226;#128;#156;simple#226;#128;#157; #226;#128;#156;Ponzi#226;#128;#157; scheme–It involves a lot more than that. And I must have more time to aid Mr. Celani in his defense.
For the above-numerated reasons, I respectfully request an emergency status conference in this case in order to discuss my defense of Mr. Celani and the time necessary to effectively help him.
Simply put, if I cannot have more time, I will be ethically compelled to withdraw from this case, and I will stipulate that I have rendered ineffective assistance of counsel to Mr. Celani, and therefore I am personally responsible for violating his Sixth Amendment Right to Counsel, something that many fine men and women have fought for since 1776, including my father, John Franklin Neville, Captain, United States Army, 1942-1945.
James C. Neville, Esq.
Attorney for Frederick Celani
Cc: Clerk of the Court
Richard T. Lunger, Esq., AUSA