Harvey Weinstein: 'Beautiful Girls' Scribe Scott Rosenberg

Re: Harvey Weinstein: 'Beautiful Girls' Scribe Scott Rosenbe

Postby admin » Sun Apr 21, 2024 1:04 am

FBI Will Pay Hefty Price for Sitting on Nassar Allegations: 'WSJ' reports it has agreed to pay 100 victims roughly $100M
by Newser Editors, Newser Staff
Posted Apr 17, 2024 3:16 PM CDT
https://www.newser.com/story/349185/fbi ... ng-so.html

The final legal claims against the institutions that in one way or another failed the athletes who were victimized by Larry Nassar have been settled. The Justice Department announced it will pay roughly $100 million to 100 victims of the former national women's gymnastics team doctor in connection with the FBI's failure to act on reports that he was abusing athletes. The settlement has not been finalized, but the Wall Street Journal and USA Today say sources confirm the DOJ has agreed to pay that amount. They had sought more than $1 billion from the FBI. This settlement would bring the total liability-related legal payouts to victims to just shy of $1 billion (see this and this). The FBI's mishandling of the complaints it received was detailed in a 2021 report from the DOJ's inspector general:

• USA Gymnastics shared the gymnasts' allegations of molestation with the Indianapolis field office on July 28, 2015.
• There was apparently confusion among the agents about jurisdiction: USA Gymnastics is headquartered in Indianapolis, but there were no allegations that involved Nassar treating gymnasts in that city.
• Though the report stated Indianapolis agents told USA Gymnastics they had transferred the allegations to the FBI's resident agency in Lansing, Michigan, they actually hadn't done so.
• After the July 2015 meeting, which wasn't formally documented, Indianapolis agents interviewed only one gymnast, McKayla Maroney.
• The FBI did not reach out to state or local law enforcement or do anything else that might have safeguarded Nassar's patients and otherwise failed to act for more than 14 months, during which Nassar allegedly abused another 40 people, reports ABC News.

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FBI: We Blew It on Larry Nassar Investigation: Watchdog says dozens more athletes were abused while agency mishandled allegations
by Rob Quinn, Newser Staff
Posted Jul 15, 2021 6:17 AM CDT
https://www.newser.com/story/308576/fbi ... ation.html

The FBI has admitted that its agents' conduct in the Larry Nassar sexual abuse case was "inexcusable" and a discredit to the agency. The FBI issued a statement after the release of a Justice Department watchdog report that outlined massive failures in the investigation of the former Team USA gymnastics doctor, who sexually abused hundreds of female athletes, the Wall Street Journal reports. The inspector general's report said officials with the FBI's Indianapolis field office failed to treat abuse allegations in 2015 with the "utmost seriousness," made "numerous and fundamental errors" in their investigation, and then lied to cover up their mistakes, per the Indianapolis Star. The FBI failed to contact state or local law enforcement about the risk Nassar presented to athletes, the report states.

The report states that after Indiana-based USA Gymnastics reported gymnasts' complaints to the FBI, the agency did almost nothing for a year—and Nassar, who also worked for Michigan State University, continued to abuse women and girls during that time. The report says that according to civil court documents, another "70 or more young athletes were allegedly sexually abused under the guise of medical treatment" before Nassar's arrest in late 2016. The watchdog said W. Jay Abbott, the agent in charge of the Indianapolis office at the time, made "materially false" statements to investigators looking into the agency's mishandling of the case, and violated ethics rules by negotiating for a job at the US Olympic Committee during the investigation, the AP reports. Attorneys for Nassar's victims say Abbott, who has now retired, should be prosecuted. (More Larry Nassar stories.)

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DOJ OIG Releases Report of Investigation and Review of the FBI’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar
Department of Justice (DOJ) Inspector General Michael E. Horowitz announced today the release of an Investigation and Review of the Federal Bureau of Investigation’s (FBI) Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar.

by U.S. Department of Justice Office of the Inspector General
July 14, 2021
Press Release
https://oig.justice.gov/news/doj-oig-re ... use-former



The DOJ Office of the Inspector General (OIG) found that senior officials in the FBI Indianapolis Field Office failed to respond to allegations of sexual abuse of athletes by former USA Gymnastics physician Lawrence Gerard Nassar with the urgency that the allegations required. We also found that the FBI Indianapolis Field Office made fundamental errors when it did respond to the allegations, failed to notify the appropriate FBI field office (the Lansing Resident Agency) or state or local authorities of the allegations, and failed to take other steps to mitigate the ongoing threat posed by Nassar.

After eight months of inaction by the FBI Indianapolis Field Office, the FBI Los Angeles Field Office received the same allegations. The OIG found that while the Los Angeles Field Office took numerous investigative steps, it too failed to notify the FBI Lansing Resident Agency or state or local authorities of the allegations, and failed to take other steps to mitigate the ongoing threat posed by Nassar. The FBI Lansing Resident Agency did not become aware of the Nassar allegations until after the Michigan State University Police Department (MSUPD) executed a search warrant on Nassar’s residence in September 2016, following the MSUPD’s receipt of separate complaints of sexual abuse by Nassar, and discovered child pornography at Nassar’s residence. During this period from July 2015, when the allegations were first reported to the FBI, to September 2016, Nassar continued to treat gymnasts at Michigan State University, a high school in Michigan, and a gymnastics club in Michigan. Ultimately the investigations determined that Nassar had engaged in sexual assaults of over 100 victims and possessed thousands of images of child pornography, led to his convictions in federal and state court, and resulted in Nassar being sentenced to incarceration for over 100 years.

The OIG further found that, when the FBI’s handling of the Nassar matter came under scrutiny from the public, Congress, the media, and FBI headquarters in 2017 and 2018, Indianapolis Field Office officials did not take responsibility for their failures. Instead, they provided incomplete and inaccurate information to make it appear that they had been diligent in responding to the sexual abuse allegations.

The specific findings of the report include:

• Officials in the Indianapolis Field Office violated numerous FBI policies in handling the Nassar allegations. Specifically, officials in the Indianapolis Field Office:
o failed to formally document a July 28, 2015 meeting with USA Gymnastics during which the FBI first received the allegations against Nassar;
o failed to properly handle and document receipt and review of relevant evidence, i.e., a thumb drive provided by USA Gymnastics President Stephen D. Penny, Jr.;
o failed to document until February 2017 an interview of a gymnast that was conducted on September 2, 2015, during which the gymnast alleged sexual assault by Nassar; and
o failed to transfer the Nassar allegations to the FBI Lansing Resident Agency, where venue most likely would have existed for potential federal crimes.
• Indianapolis Field Office Special Agent in Charge (SAC) W. Jay Abbott and an Indianapolis Field Office Supervisory Special Agent (Indianapolis SSA) made false statements. Specifically, we concluded that the gymnast interview summary that the Indianapolis SSA drafted in February 2017, 17 months after the interview took place, contained materially false statements and omitted material information. We further concluded that the Indianapolis SSA made materially false statements when twice questioned by the OIG about the victim interview. In addition, we concluded that Abbott made materially false statements during his OIG interviews to minimize errors made by the Indianapolis Field Office in connection with the handling of the Nassar allegations.
• Abbott violated FBI policy and exercised extremely poor judgment under federal ethics rules when he, without prior authorization, communicated with Penny about a potential job opportunity with the U.S. Olympic Committee, an entity with which Penny had professional connections. Abbott communicated with Penny about the potential job opportunity while the two continued to discuss the allegations against Nassar and while Abbott took an active role in conversations about the FBI’s public statements regarding USA Gymnastics’ handling of those allegations. Abbott should have known—and we found that he in fact did know—that this conduct would raise questions regarding his impartiality. Further, Abbott applied for the position with the U.S. Olympic Committee, and then falsely denied that he had done so when questioned by the OIG on two separate occasions.

In addition, the OIG identified shortcomings in the FBI’s policies, including its policy regarding notification of local law enforcement agencies in child exploitation cases, that should be further assessed to ensure that the FBI can more effectively handle these types of matters. The DOJ OIG made four recommendations to the FBI to address the concerns we identified. The FBI agreed with the recommendations.
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Re: Harvey Weinstein: 'Beautiful Girls' Scribe Scott Rosenbe

Postby admin » Fri Apr 26, 2024 2:54 am

Harvey Weinstein's rape conviction overturned in New York; DA will attempt to retry. The disgraced movie producer was convicted of rape in February 2020.
by Aaron Katersky and Josh Margolin
abc news
April 25, 2024, 2:54 PM
https://abcnews.go.com/US/harvey-weinst ... =109621776

The rape conviction of movie producer Harvey Weinstein has been overturned by New York's highest court.

The New York Court of Appeals, in a scathing 4-3 opinion, overturned Weinstein's conviction on sex crimes against three women, finding the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes."

The court said that testimony "served no material non-propensity purpose" and "portrayed defendant in a highly prejudicial light."


Weinstein spokesperson Juda Engelmayer told ABC News, "We are happily surprised and we are studying the ruling."

The Weinstein team, which was eagerly awaiting a ruling, was not expecting it to be in Weinstein's favor after a succession of rulings in different courts all went against Weinstein.

The Manhattan district attorney's office said it will retry Weinstein should the alleged victims be willing to come forward again.

"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," a spokeswoman for Manhattan District Attorney Alvin Bragg said in a statement.

[x]
Film producer Harvey Weinstein arrives at New York Criminal Court for his sexual assault trial in the Manhattan borough of New York City, Jan. 9, 2020. Brendan McDermid/Reuters, FILE

The decision elicited anger from several of those who accused Weinstein of sexual misconduct or who testified at the trial.

Judd, along with other alleged victims of Weinstein, held a press conference Thursday. She said she was informed of the judge's decision by the writer of the article that broke open the accusations.

"I was in disbelief when I heard from Jody Kanter of The New York Times about the decision," said Judd. "It's a stark reminder of the male entitlement that persists in our society. But today, as every day, I stand in sisterhood with all survivors."

Attorney Douglas H. Wigdor, who has represented eight alleged Weinstein victims, including two of the Molineux witnesses -- those not pertaining to the crimes charged -- at the New York criminal trial, said in a statement: "Today's decision is a major step back in holding those accountable for acts of sexual violence. Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant."

He continued, "The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial."


Weinstein was also convicted of sex offenses in Los Angeles and sentenced to 16 years in prison there.

Because Weinstein is already convicted in California, he will not be released, but instead transferred to the custody of prison authorities in California.

Weinstein, 72, was a well-known, powerful man within the entertainment industry and prosecutors said he abused his power to take advantage of aspiring female actors, like the alleged victims, to coerce them into unwanted sexual encounters. According to the prosecution, the quid pro quo of assisting them with their careers in exchange for sexual favors on demand was both common behavior and a well-known secret throughout the film industry.

An explosive New York Times article in October 2017 reported Weinstein had reached at least eight settlements with women who accused him of sexual misconduct over decades. The story, which featured actress Ashley Judd publicly accusing Weinstein of propositioning her in 1997, sparked an avalanche of accusations from women who came forward with similar accounts and largely kicked off the #MeToo movement, targeting prominent celebrities for sexual misconduct.

Weinstein was arrested on May 25, 2018, and charged with first- and third-degree rape for one victim, and first-degree criminal sex act for another woman. He was found guilty in February 2020 of two felonies -- criminal sexual assault and third-degree rape -- but acquitted of the two most serious charges -- predatory sexual assault. He was also acquitted of first-degree rape.

[x]
Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, Calif., on Oct. 4 2022. Etienne Laurent/AP

Prosecutors said the testimony of women other than those whose claims formed the basis of the criminal charges spoke to Weinstein's state of mind to use forcible compulsion. The majority opinion, however, said that eviscerated the time-tested rule against propensity evidence, "which, in criminal cases, serves as a judicial bulwark against a guilty verdict based on supposition rather than proof."

Lindsay Goldbrum, who represents six Weinstein accusers, including Taralê Wulff, one of the Molineux witnesses to testify about being sexually assaulted by Weinstein during his criminal trial in New York, said in a statement: "This ruling is a leap backward for the rule of law. In New York, Molineux witnesses play a critical role in establishing a defendant's common scheme or plan to commit alleged crimes. When a defendant is accused of being a sexual predator, especially one as powerful as Weinstein, the testimony of Molineux witnesses is crucial to disproving the defense that sexual encounters were consensual."

The Court of Appeals decided the evidence of uncharged crimes allowed at trial "was unnecessary" to establish Weinstein's intent and "served only to establish defendant's propensity to commit the crimes charged."

The opinion also said the trial judge, James Burke, abused his discretion when he allowed Weinstein to be cross-examined about the uncharged conduct, ruling it "served no purpose other than to display for the jury defendant's loathsome character."

Weinstein's appellate case lawyer Arthur Aidala said in an Thursday press conference that the New York Court of Appeals deserves a "tremendous amount of credit" for overturning Weinstein's rape conviction.

"From the bottom of our hearts ... we knew that Harvey Weinstein did not get a fair trial," Aidala told reporters.

Aidala reiterated he believes the law must still be applied fairly to those society deems unpopular.

"The Court of Appeals ... said today that yes, no one is above the law, but no one is below the law either," he said. "You can't throw out 100 years of legal precedent because someone is unpopular."

ABC News' Jianna Cousin and Jason Volack contributed to this report.
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