Biased Prosecution
Allegations of Prejudice and Misconduct:
A Closer Look at US Attorney Gillian Kassner and FBI Special Agent Elliot McGinnis
Recent allegations of misconduct stemming from the prosecution of Nicole Daedone and Rachel Cherwitz, two executives from the educational company OneTaste, has brought back to light a criticism of racism and prejudice of Eastern District of New York prosecutors that first surfaced last year in the prosecution of Carlos Watson. Daedone and Cherwitz have been indicted on a single count of forced labor conspiracy after a 5 year FBI investigation headed by Special Agent Eliot McGinnis. The lead prosecutor in the case is Assistant US Attorney Gillian Kassner. The trial is set for January 2025.
Racial Bias in Prosecution: The Carlos Watson Case
Allegations of racism and prejudice by Assistant US Attorney Gillian Kasser, along with two other EDNY prosecutors, Jon Siegel and Dylan Stern, first made headlines in the fall of 2023 after Watson’s defense counsel presented data showing that Kassner and team had disproportionately prosecuted Black Americans.
Ronald S. Sullivan Jr. is Carlos Watsons’s defense counsel. Sullivan is a Harvard Law professor known for his commitment to racial justice. In his complaint, he cited data showing that the three white EDNY prosecutors have charged people of color in 90% of their cases, a statistic he finds "disturbing." His complaint went further, showing that while Black Americans made up only 27% of the Eastern District of New York, the prosecutors’ jurisdiction, 51% of their cases targeted Black Americans.
Sullivan, who has a storied career in advocating for racial equity in the justice system and oversees cases on behalf of the Criminal Justice Institute, shared his findings in both a motion to the court, and in a letter to Attorney General Merrick Garland, questioning why Watson, based in Northern California, was targeted while similar white entrepreneurs in New York were seemingly overlooked. This disparity led Sullivan to question whether the prosecutors were selectively prosecuting based on race, given the demographic composition of those charged.
Kassner, Siegel, and Stern replied to the allegations in a court filing stating that Watson’s claim “ignores the well-documented fact that crime rates vary among racial groups.”
The Daily Mail was quick to publish this seemingly tone-deaf response, along with Watson’s immediate retort:
“The Daily Mail was quick to publish this seemingly tone-deaf response, along with Watson’s immediate retort:
“The argument is just shocking and outrageous on so many levels...In response to our claim that this disparity with race, particularly African Americans, is unconstitutional, they responded with a shrug of the shoulder and said, “well, black people just commit more crimes.”
Watson has since been convicted by a jury trial, and awaits sentencing based on conviction of securities fraud conspiracy, wire fraud conspiracy, and identity theft. Watson faces up to 37 years in prison.
War On Sex
AUSA Gillian Kassner is now the lead prosecutor in a federal case against Daedone and Cherwitz, two female executives whose work revolved around the sexual empowerment of women.Observers have alleged that this case is fueled by an underlying “war on sex,” as opposed to any underlying criminality. Dr. Topeka K Sam, a nationally renowned criminal justice advocate, recently published an Op-Ed in Black Enterprise, titled “The War On Women Eerily Resembles The War On Drugs.” Topeka posits that the Kassner-driven case against Daedone and Cherwitz is a facet of the government's “war on sex”, criminalizing sexual women the same way the “war on drugs” criminalized blacks:
“I am watching now this same criminalization happen again with conspiracy laws being weaponized against other groups that those in power want to denigrate and destroy. There is no case I see this more starkly on display than the case of two women who are now facing a trial in the Eastern District of New York which, if convicted, would face up to 20 years in prison... Nicole created a meditative practice for women called Orgasmic Meditation (OM) that aimed to liberate women’s sexual power and strengthen their connection with their bodies as a pathway to healing... Just as empathy helped steer us away from the devastating excesses of the War on Drugs, we need an open-hearted conversation about the potentially devastating effects of continuing to misuse our conspiracy laws to destroy a movement dedicated to the sexual empowerment and liberation of women.”
