The so-called evidence used to detain Paul Bergrin without bail back in May of 2009, has never been proven. In fact, if Agent Shawn Brokos (Brocos, Brockus, Manson) had any evidence of the claims that she had another agent (Michael Smith) certify for Bergrin's detention, it would have been revealed long ago.
Paul Bergrin is currently being unlawfully detained and of course this is all a part of the attempt to break him in this absurd prosecution. Why do I use the word unlawfully? Because his detainment without bail violates the Eighth Amendment to the United States Constitution in that the alleged facts presented to the judge are all false. The malicious lies stated by criminal informants are the statements used to deny bail.
If you read the Bergrin Detention Certification and have followed the trial, you'll know that the government does not even have the recordings of conversations they claim to have. They quote non-existent conversations in this certification. Perhaps they have the goods on Thomas Moran, at least according to what I am reading, but from what I know, there are no such damaging tapes to play for the jury in relation to any recording of Paul Bergrin. It's all lies.
For just one simple, but important, example, look at page 12 of the certification, letter "a" and there is a statement that one of Paul's clients, Norberto Velez, "stabbed his wife 27 times in front of their eight year-old daughter". The FACT is that the daughter, Carolyn Velez, was not even there, it was not close to 27 times from my recollection, and she was nine years old anyway. Even the reporter with NorthJersey.com caught the important fact that the daughter was not there when the stabbing occurred - see paragraph 3:
Bergrin Detention Certification (page 12 letter "a")
Witness in Nutley attorney's racketeering trial says he coaxed her to lie in prior case (paragraph 3)
For Agent Shawn Brokos to assert that the daughter was present and had actually witnessed this stabbing gave more credibility and importance to her as a witness than was true. The jury in the Norberto Velez trial did not acquit him based only on the daughter's testimony - she was not present when the crime happened!
A simple misstatement of truth easily results in the belief that Bergrin must have coerced the child. The fact is that no one needed to bother to coerce her and she testified only to her parents' tumultuous relationship at her father's trial, which is clearly true. Many of the other listed claims in this certification have been tossed aside and you will not hear from any witness, likely because most are false and/or fabricated.
The FACT is that the many claimed recordings of Paul Bergrin do not exist! This is outrageous, but we cannot blame Agent Michael Smith. As Smith states in cross-examination by Paul Bergrin's attorney at the time (Gerald Shargel), he took Agent Shawn Brokos's word for every single statement and this is a normal practice with the FBI and the DEA. One agent simply certifies another agent's allegations for such filings.
Continue reading the certification on page 14, with the heading, "RISK OF FLIGHT". There are many wild allegations, including offshore bank accounts, hidden assets, 5 fraudulent passports etc.... Sure, Paul Bergrin owned some real estate - Brokos mixes in actual facts with lies that she claims an unknown CI stated to her.
Mr Shargel's cross-examination begins on page 13 of the document:
If you have read the cross-examination document, you are now aware that no fraudulent passports were ever discovered, no offshore bank accounts were ever found, no hidden assets have been located, and Paul Bergrin's real estate transactions were legitimate. There was no corroboration of this CI-4's alleged statements (if CI-4 even exists) whatsoever.
How can Brokos and her pals the AUSAs claim there are 5 fake passports and never produce even 1 of them? How can they make a claim of offshore bank accounts, yet never prove it by naming an account in any other country? How can they not bother to corroborate anything that unnamed CIs state?
Mr. Shargel continues his questioning in relation to CI-6, another either non-existent or unknown confidential informant. On page 44 of this document Mr. Shargel questions Agent Smith in regards all other wild allegations in the Detention Certification and the agents admits that he had no part in the investigation and took Agent Brokos at her word.
After reading both of these documents, it is clear to me that Agent Shawn Brokos (Brocos in the docs) loses too many of her informants and she is in collusion with various AUSAs. The certification contains mainly hearsay, double hearsay, and even triple hearsay, if anyone at all ever made the claimed allegations.
By the time this trial is over, Paul Bergrin will have been held without bail for over 4 years based on false allegations sworn to by an inept FBI agent that often loses her informants! On top of that, she has managed to make DEA Agent Michael Smith look like a fool. What level of incompetence and downright lies will the feds promote in order to prosecute a person that is a whistleblower?