On May 4th, Faraday Hosseinipour, a defendant representing Infinity2Global, submitted a petition to dismiss the case.
Hosseinipour makes an unabashed assertion in her filing that she and the other defendants who are promoters have been subjected to racial profiling.
Richard Maike was the one who started the Ponzi scheme that was known as Infinity2Global in 2013. In 2017, Hosseinipour and her fellow defendants charged with promoting illegal activities were indicted alongside Maike.
The major points of Hosseinipour’s move to dismiss can be summed up as follows: “everyone else was doing it!”; and “the fact that you’re attacking me for pushing a Ponzi scam is racially motivated.” Our office used the government-supplied file named “ACTIVE EMPERORS THROUGH 6-4 EXCEL” and was able to find at least 200 other unnamed persons and entities that seem to meet the criteria of doing the same thing that Hosseinipour is accused of doing.
These individuals and entities are not named or addressed in this or any other indictment. This is something that was alleged to have been done by the attorney for Hosseinipour. According to Hosseinipour, this demonstrates that she and the other defendants were picked out of spite or for some other discriminatory reason.
The fact that Hosseinipour is of Middle Eastern heritage, Defendant Anzalone is Italian, Defendant Dvorin is Russian, and Defendant Syn is Korean contributes to the perception that this case may potentially involve racial profiling.
In its response to the opposition submitted by Hosseinipour on May 18th, the Department of Justice (DOJ) first mentioned that Hosseinipour had filed the lawsuit to identify “a similarly situated person who was not punished.”
She has not made any effort to identify, and even if she did, she would be unable to identify, a person in a comparable situation.
This person, for the purposes of this case, would have to be someone who (1) actively recruited members into a pyramid scheme by, among other things, hosting widely viewed internet presentations;
(2) participated in the material misrepresentations and concealment of facts on which i2business G’s thrived; and
(3) earned close to one million dollars by recruiting other people into the scheme. In light of this defeat, the court ought to rule against Hosseinipour’s motion to dismiss the case.
Regarding the argument that it is racist to go after people who advocate Ponzi schemes, (Hosseinipour’s) racial profiling assertion does not fare much better. Hosseinipour seeks to meet her “heavy burden” by simply noting the heritage and ancestral nationality of four of the six charged defendants. However, she does not cite a single case to support her claim. Because she has not provided sufficient evidence to support her claim, her motion ought to be rejected.
Several other issues, such as the vindictive prosecution and the flawed indictment, were contested as well.
There has not yet been a determination made on Hosseinipour’s desperate eleventh-hour dismissal filing.
On May 17th, co-defendant Richard Anzalone entered a guilty plea to the accusations of fraud brought against Infinity2Global.
On July 12th, Hosseinipour and the other four Infinity2Global defendants are all expected to stand trial.