US attorney Robert Simels can no longer contact drug accused Roger Khan.
This is one of the conditions of Simels’ bail in New York on the charge of witness tampering.
The arrests of Simels, who was Khan’s lead counsel, and his assistant, Arianne Irving means that the trial date for the drug case will be pushed back as Khan himself is also named in the 18-page indictment. The prosecution has since asked the presiding Judge Dora L. Irizarry to schedule a status conference soon.
Another condition for Simels’ US$3.5M bond, as imposed by Judge Cheryl L. Pollock, is that he surrenders his firearm.
The three are charged with conspiracy to tamper with witnesses scheduled to testify in the drug trial and Simels is among other things accused of paying US$1,000 and discussing “eliminating and neutralizing” witnesses. He and his assistant allegedly had numerous discussions with a US government informant, to locate certain individuals close to the cases and to get them to rescind statements, not to testify against Khan, and or even to be “eliminated”.
The US informant with whom the two had discussions, and who was listed as reliable in court documents as information from him has led to drug busts in the past, was also asked to testify in favour of Khan during the trial.
A short transcript of part of the alleged conversation between Simels and the source appears in the court documents:
Simels: Now, I guess this, the big question really, um, clearly we’re not saying, we’ll never say that Roger’s involved in any drug dealing, we’re going, he is going to be described to the jury as somebody who builds homes, somebody who got a, a, a truck, uh, bus, whatever you want to call it that feeds homeless children, uh, that he’s in the timber business.
Source: True.
Simels: So I know earlier you said that, Roger, you described him as a boss, uh, but we certainly would not want to describe him as being a drug dealer.
Source: No, we don’t want…..
Simels: Bet we certainly don’t want to….
Source: ….true
Simels: …..describe him as being the boss.
Source: True, true, I understand
Simels: Okay
As the conversation continued the confidential source (CS) raises the issue of getting Khan’s approval before agreeing to testify or help find the witnesses and Simels instructs him to write a letter. Irving suggests an email which they would personally deliver to Khan without anyone getting to read it.
The CS kept insisting on Khan’s approval and was informed that his request would be met.
Meanwhile, Simels’ website, from which the media quoted extensively, is no longer accessible as it is now said to be “under construction.”
According to Simels’ website, while he worked as special assistant attorney general for the New York State Special Prosecutor’s Office, he investigated corruption by public officials.
On the website Simels had listed Khan’s case under “Other celebrated Defence Cases” and he had described his client as a “prominent Guyanese businessman and community leader whose removal by federal law enforcement authorities to the United States we are currently vigorously challenging.”
Speaking about himself the attorney had said: “I have led my legendary law firm for more than 30 years, encompassing Criminal and Civil Law. My accessibility to my clients, innovative thinking, devotion to work ethics, and thorough preparation have produced an unprecedented record of litigation success across the entire United States. Working with experts, private investigators, and legal colleagues, I have established a reputation that led one federal judge to call me the Rolls Royce of litigators.
