New charges for Sotis (Add helium)and Emilie Voissem (Nexus Underwater)

[rjack321]

What I don't understand is why Emilie went to trial at all? I guess I expected her to take a plea deal in exchange for corroborating Robotka's testimony. But she doubled down on her mistakes and lied at trial trying to protect Sortis. Why? So he could get <$30k in profit from his Libyan "whale"?

Seems like something other than money had to have motivated her.

 

[Wookie]

What I don't understand is why Emilie went to trial at all? I guess I expected her to take a plea deal in exchange for corroborating Robotka's testimony. But she doubled down on her mistakes and lied at trial trying to protect Sortis. Why? So he could get <$30k in profit from his Libyan "whale"?

Seems like something other than money had to have motivated her.

She has a boyfriend and brand new grand babies. Every reason to stay out of jail. I do not get this.

 

[Cert1967]

Gov wants its ‘pound of flesh’

 

[Cert1967]

Rule 32. Sentencing and Judgment

www.law.cornell.edu

 

[Cert1967]

Document Number	Date Filed	Description	Download PDF
130	Dec 20, 2021	PAPERLESS ORDER granting 129 Motion to Continue Sentencing. Defendants' respective objections to their pre-sentence investigation reports shall be filed on or before Thursday, January 6, 2022. In addition, the sentencing hearing for Defendant Peter Sotis is reset for Tuesday, January 11, 2022, at 11:00 AM, and the sentencing hearing for Defendant Emilie Voissem is reset for Tuesday, January 11, 2022, at 1:30 PM. The sentencing hearings shall be held in Courtroom 11-4 of the Wilkie D. Ferguson, Jr. Courthouse. Signed by Senior Judge Patricia A. Seitz on 12/20/2021. (mm01) (Entered: 12/20/2021)	Buy on PACER
None	Dec 20, 2021	Sentencing Hearings continued as to Peter Sotis, Emilie Voissem (mm01)
None	Dec 20, 2021	Reset Sentencing Hearing as to Peter Sotis: Sentencing set for 1/11/2022 11:00 AM in Miami Division before Senior Judge Patricia A. Seitz. (mm01)
142	Jan 8, 2022	PAPERLESS Order Setting Telephonic Status Conference. Counsel for the Government and each Defendant shall call as instructed below on Monday, January 10, 2022, at 11:00 AM, to discuss courtroom procedures in light of the current COVID-19 environment. Counsel shall be prepared to discuss who might attend the sentencing hearings set for Defendants on Tuesday, January 11, 2022, their respective vaccination statuses, and any related health conditions. Counsel shall call (877) 848-7030, enter the access code (4607489), and follow any other prompts. Signed by Senior Judge Patricia A. Seitz on 1/8/2022. (mm01) (Entered: 01/08/2022)	Buy on PACER
146	Jan 10, 2022	PAPERLESS Minute Entry for proceedings held before Senior Judge Patricia A. Seitz: Status Conference as to Peter Sotis, Emilie Voissem held on 1/10/2022. The Court and Parties discussed courtroom procedures in light of the current COVID-19 environment. Counsel advised the Court of potential attendees for the sentencing hearings set for Defendants on Tuesday, January 11, 2022, their respective vaccination statuses, and any related health conditions. ( Sentencing set for 1/11/2022 10:00 AM in Miami Division before Senior Judge Patricia A. Seitz.). **TIME CHANGE ONLY** Total time in court: 30 minutes. Attorney Appearance(s): Nathan Michael Swinton, Michael Thakur, Bruce L. Udolf, Reginald Anthony Moss, Jr, Other appearances: Syreta Gould, USPO. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (vmz) (Entered: 01/10/2022)	Buy on PACER
148	Jan 10, 2022	NOTICE of Supplemental Filing by USA as to Peter Sotis, Emilie Voissem re 143 Response to Objections to Presentence Investigation Report, (Attachments: # 1 Exhibit Declaration of James J. Marsh) (Swinton, Nathan) (Entered: 01/10/2022)	Buy on PACER

 

[BlueTrin]

Apropos of nothing : Sotis currently seems to be defended by two Fort Lauderdale attorneys... Using the addresses in their most recent document filing... the lead council seems to be operating out of a coffee shop workspace with the co-council out of a strip mall. I suspect it is a tough time for attorneys struggling to make a living.

Better call Saul

 

[rjack321]

Gov wants its ‘pound of flesh’

What'd the DOJ's conviction rate? Like 95+% for the cases they actually indict and bring to trial? If they only bring the most flagrant and egregious cases to a jury in the first place, it makes sense that when they do finally get to the sentencing phase (almost 5.5 years after the offense in this case) they would rarely ask for a downward departure.

 

[mderrick]

The US Government apparently "knew" .... The question that occurs to me is, how did our government know?

Well it turns out item #1 of Affidavit of Shawn Robotka answers the above question, the government was told by staff of Add Helium!!! Quoting "I directed Emilie Voissem to contact the Commerce Department regarding export..."

And item #4 provides a possible insight as to why Sotis proceeded after the warning rather than just cancel the order and return the funds. Quoting the affidavit, a rep from Department of Commerce told Sotis that "If the buyers were not legitimate they would most likely not make contact and simply take the losses of the equipment and the money. Add Helium would be allowed to keep the funds and the equipment would be returned to Add Helium." Unfortunately, at some point later the FBI and DOJ became involved and circumstances changed.

 

[cerich]

Well it turns out item #1 of Affidavit of Shawn Robotka answers the above question, the government was told by staff of Add Helium!!! Quoting "I directed Emilie Voissem to contact the Commerce Department regarding export..."

And item #4 provides a possible insight as to why Sotis proceeded after the warning rather than just cancel the order and return the funds. Quoting the affidavit, a rep from Department of Commerce told Sotis that "If the buyers were not legitimate they would most likely not make contact and simply take the losses of the equipment and the money. Add Helium would be allowed to keep the funds and the equipment would be returned to Add Helium." Unfortunately, at some point later the FBI and DOJ became involved and circumstances changed.

I would think the advice that AH /PS got regards keeping funds was if they just didn't ship it because legal issues versus ignoring law and shipping it while bending over backwards to hide the shipping from US Gov and accommodate the customer.

 

[rjack321]

And item #4 provides a possible insight as to why Sotis proceeded after the warning rather than just cancel the order and return the funds. Quoting the affidavit, a rep from Department of Commerce told Sotis that "If the buyers were not legitimate they would most likely not make contact and simply take the losses of the equipment and the money. Add Helium would be allowed to keep the funds and the equipment would be returned to Add Helium." Unfortunately, at some point later the FBI and DOJ became involved and circumstances changed.

The attempt at deception via "our hands are clean, if it goes bad we will blame it on Emilie" (to paraphrase) made it crystal clear that this wasn't a case of miscommunication or misunderstanding about the law.