Judge Says Maria Butina's Sentencing Still On Despite Filing Flap
Butina pleaded guilty in December to conspiring to act as a foreign agent of Russia without first notifying the U.S. government.
April 25, 2019 at 02:54 PM
3 minute read
The federal judge in Washington overseeing Maria Butina's criminal case said Thursday she won't disturb a Friday sentencing date for the Russian gun-rights activist following a row in court papers between prosecutors and defense lawyers.
Butina's attorneys this week sought to strike a declaration that prosecutors filed last week. Butina pleaded guilty in December to conspiring to act as a foreign agent of Russia without first notifying the U.S. government.
McGlinchey Stafford partner Robert Driscoll and associate Alfred Carry, who represent Butina, accused prosecutors of raising a “wholly new theory of espionage activity” in the declaration. In a Tuesday filing, they asked U.S. District Judge Tanya Chutkan to strike the information, arguing that “permitting the government to proceed on this basis would effectively transform Maria's sentencing hearing into a separate trial on unreliable claims with lower burdens of proof.”
Chutkan denied the bid in a minute order Thursday, noting that Butina's attorneys “had notice of the government's intent to call Mr. Anderson as a witness or submit a Declaration from him since April 10, 2019.” The order also pointed to an appeals court opinion that said courts are allowed to consider all sources of information to fashion sentences.
Chutkan offered to postpone the hearing to allow Butina's attorneys to prepare a rebuttal to the declaration. The sentencing is still set for Friday since they didn't seek a delay, the order said.
Prosecutors from the U.S. Attorney's Office in Washington are seeking an 18-month sentence for Butina. Her attorneys are seeking a sentence of time served.
“Butina was not a spy in the traditional sense of trying to gain access to classified information to send back to her home country,” Erik Kenerson, an assistant U.S. attorney, said in a memo filed last Friday. “She was not a trained intelligence officer. But the actions she took were nonetheless taken on behalf of the Russian Official for the benefit of the Russian Federation, and those actions had the potential to damage the national security of the United States.”
Butina's attorneys in their own filing said their client has accepted responsibility for her actions, and for failing to notify the U.S. attorney general of her foreign agent status.
“She regrets this act more than anything and her contrition—reflected in her cooperation and substantial assistance—is honest and sincere,” they wrote last Friday.
Butina was arrested in July 2018, and was ordered detained soon after. She reached a plea agreement with prosecutors in December 2018.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
7 minute readBig Law Communications, Media Attorneys Brace for Changes Under Trump
4 minute readTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Trending Stories
- 1Weil Advances 18 to Partner, Largest Class Since 2021
- 2People and Purpose: AbbVie's GC on Leading With Impact and Inspiring Change
- 3Beef Between Two South Florida Law Firms Deepens With Suit Over Defamation
- 4Judge Skips Over Sanctions in Talc Bankruptcy: 'That’s A No'
- 5Hit by Mail Truck: Man Agrees to $1.85M Settlement for Spinal Injuries
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250