The man prosecutors branded "a prolific wine counterfeiter" has had his sentence postponed yet again, court papers show.
Rudy Kurniawan was first scheduled to be sentenced in April, then May, then June, and then twice in July. Now the sentencing has been moved from Monday to next Thursday, August 7.
| Related stories: |
| Kurniawan Settles with Koch but Sentencing Delayed Again |
| Prosecutors Name More Kurniawan Victims |
| Ignoble Rot: the Scandalous Underbelly of Wine |
The decision to further delay Kurniawan’s sentencing is mentioned in a short entry in court papers giving the results of a telephone conference call between Judge Berman, Assistant U.S. Attorney Stanley Okula and defense lawyers Jerome Mooney and Vincent Verdiramo. No reason is mentioned for the delay.
Meanwhile, the federal judge who has overseen the case and is to sentence Kurniawan is set to be on a panel discussion on wine forgery scheduled for the evening of August 6 at a New York cultural institution.
U.S. District Judge Richard Berman is due to join Benjamin Wallace, author of "The Billionaire’s Vinegar," New York Times wine columnist Eric Asimov and food historian Francine Segan "for a fascinating discussion about wine forgery – what it is, how widespread it is, what Thomas Jefferson and Château Lafite Rothschild have to do with it, and the high-profile Kurniawan case," according to the event organizer’s website.
The appearance of federal judge at a public discussion event before a case is finished is unusual.
Federal judges are expected to "avoid public comment on the merits of a pending or impending action …The proscription does not extend to public statements made in the course of the judge’s official duties, to the explanation of court procedures, or to a scholarly presentation made for purposes of legal education," according to the Canon 3A(6) of the Code of Conduct for U.S. Judges.
Billionaire William Koch, who plays a prominent role in “The Billionaire’s Vinegar” book and has made fighting wine fraud a crusade, withdrew his claims to restitution in the federal criminal case against Kurniawan last week.
Instead, Koch settled his lawsuit against Kurniawan that was filed in California. That deal included Kurniawan not only agreeing to pay Koch $3 million but also making a full confession and disclosure of everything he knows about wine counterfeiting.
Kurniawan, an Indonesian national who was living illegally in Los Angeles, has spent nearly two-and-a-half years in jail since his March 8, 2012 arrest. Last week, he agreed to forfeit more than $20 million that will be used to make restitution to some of his victims.
Kurniawan’s lawyers have asked for time served and a $12,500 fine. Prosecutors had sought a sentence of 14 years in prison and a $175,000 fine. They may be reconsidering that sentencing position, causing the latest delay.
