Norfolk, Jan 13, 2019 (Issuewire.com) - Five years following his trial and conviction, Jeffrey A. Martinovich, the former CEO of billion-dollar MICG Investment Management, continues to assert his innocence, fight for his release, and promote the restoration of MICG shareholders.
Now, Martinovich has uncovered court and Bureau of Prisons (BOP) documentation, meant to have remained secret, which further proves the Norfolk, Virginia U.S. Attorneys Office conspired in a fraudulent scheme to stop Martinovich from being released following his overturned sentence by the Fourth Circuit Court of Appeals.
According to documents filed with the U.S. District Court in Norfolk, Virginia, the Fourth Circuit Court of Appeals in Richmond, Virginia, and the DOJ Office of Inspector General, Mr Brian Samuels, Norfolk Asst. U.S. Attorney (AUSA) and Ms Kathleen Daugherty, Norfolk AUSA, conspired to illegally bring a second indictment, illegally seal this indictment, and illegally re-seal this indictment once terminated, all in a scheme to conceal charges whose statute of limitations had expired.
According to documents, the U.S. Attorneys held these secret allegations in anticipation of Martinovich winning his appeal and being released.
Following the inadvertent expiration and unsealing of these charges, the court docket shows this indictment was "judge-shopped" before four federal judges. This term is commonly applied to prosecutors' questionable efforts to present cases before multiple judges in an attempt to find one who eventually will agree to sign the order.
The U.S. District Court docket identifies this unsealed indictment with expired charges presented to Norfolk, Virginia Federal Magistrate Douglas E. Miller, then switched to Federal Magistrate Robert J. Krask, then "REFERRED" to Federal Magistrate Lawrence R. Leonard, and finally later presented, again, to Magistrate Judge Miller who eventually signed and secretly re-sealed the fraudulent indictment.
The recent documents obtained by Martinovich through Freedom of Information Act (FOIA) requests contain a large stamp stating "FOIA EXEMPT" with the apparent intent that these documents were never to be released to the public. The BOP internal email and memorandum further support Martinovich's allegations by stating in bold "AUSA (redacted)" "indicated not to reveal to the inmate about the pending cases," and "The AUSA indicated not to reveal this information to the inmate."
Once the scheme was initially exposed by Martinovich, Federal District Judge Arenda Wright Allen denied the allegations against the U.S. Attorneys, and after-the-fact substituted a new statute. The court substituted a new statute separate from the statute employed to indict Martinovich, separate from the statute used as the basis for obtaining the secret seal, and separate from the one used as the reason for gaining the illegal re-seal.
This fraud has seemingly ensnared two Asst. U.S. Attorneys, three Federal Magistrate Judges, and one sitting U.S. District Federal Judge. As of this writing, the Dept. Of Justice Office of Inspector General, in a November 1, 2018 letter, has stated that this Complaint has been forwarded to the General Counsel for both the DOJ Office of Professional Responsibility (OPR) and the Executive Office for U.S. Attorneys. The Fourth Circuit Court of Appeals has yet to rule.
Martinovich rejected three separate government plea offers instead electing to defend his employees and himself in the truth at trial. He was convicted and sentenced to twelve years in federal prison. On appeal, his sentence was overturned and trial Judge Robert A. Doumar was removed from the case, yet new re-sentencing Judge Wright Allen increased his sentence to fourteen years.
Documentation available at:
1. https://jeffmartinovich.com/legal-archives in PDF's titled "U.S. Attorney Fraud Complaint" and "COA/2255 Appeal Case 2" Ground Six.
2. Pacer.gov for U.S. Dist. Ct. 4:15cr50, and 4th Circuit 18-7061 (U.S. v. MARTINOVICH).
3. FriendsofJAM36@gmail.com for more information requests.
Friends of JAM is a community support organization of colleagues and friends of Jeff Martinovich who are committed to a truthful resolution for this case and the restoration of MICG and its shareholders.
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