NEW YORK, June 8 (Reuters)(CORRECTED) - A man accused of
laundering money through a Manhattan diamond store was
acquitted Wednesday by a Brooklyn federal judge who faulted
federal prosecutors for bringing the case in the wrong court.
Two days after the trial for Artur "Avi" Hiaeve began, and
the day after the government rested its case, Senior Judge
Allyne Ross granted a motion to acquit him on seven counts of
money laundering and failure to file proper tax forms for cash
payments.
The motion -- filed by Hiaeve's attorney, Kenneth Murphy,
of Simon & Partners -- argued that Hiaeve should have been
tried in Manhattan federal court, not Brooklyn. In a brief
filed early Wednesday morning, Murphy argued that the
government's evidence tying Hiaeve to Brooklyn -- a phone call
with a cooperating witness whose testimony was later called
into question -- was not sufficient to justify the current
venue.
Prosecutors said Hiaeve had reason to believe the witness
was laundering money coming in from drug operations within the
Eastern District's jurisdiction.
But Judge Ross agreed with the defense and granted the
motion to acquit.
The double-jeopardy principle protects Hiaeve from facing
similar charges in Manhattan, Murphy said.
Still, he called the judge's decision unusual. "The case
should not have been brought in the first place," Murphy said.
The U.S. Attorney's office in Brooklyn had no comment on
the judge's decision.
CO-DEFENDANTS PLED GUILTY
In December 2010, Hiaeve was accused of using his midtown
Manhattan diamond store, Avi & Co. NY Corp., to launder large
sums of cash from narcotics traffickers. According to a
superseding indictment filed in January, Hiaeve had laundered
at least $106,000 on five different occasions. He also failed
to file required reports with the Internal Revenue Service on
approximately $60,000 in cash purchases, according to court
documents.
Hiaeve was charged alongside Kevin and Tanny Donaldson, who
laundered money from selling drugs through Hiaeve's store,
according to the government. Both initially pled not guilty to
all counts, but have recently changed their pleas: Kevin
Donaldson pled guilty to conspiracy to distribute drugs, and
Tanny Donaldson pled guilty to money laundering.
Hiaeve still faces a separate civil-forfeiture lawsuit
directed against $17,900 in cash seized from his store. Federal
authorities are also in possession of approximately $3 million
in diamonds from Hiaeve, Murphy said.
The case is U.S. v. Kevin Donaldson et al, in the U.S.
District Court for the Eastern District of New York, no.
10-00455.
For the U.S.: Assistant U.S. attorneys Karin Orenstein,
Amanda Hector, Brian Morris and Evan Weitz.
For Hiaeve: Kenneth Murphy of Simon & Partners
(Reporting by Jessica Dye)
(A previous version of this story incorrectly identified
the defense attorney as Kevin Murphy. His name is Kenneth
Murphy. It also incorrectly named Albert Dayan as one of
Hiaeve's lawyers. Dayan no longer represents Hiaeve.)