A Manhattan federal judge used a New York Post story to knock down shock jock Craig Carton’s request to keep defense documents from the prosecutors who have charged him with a $5 million fraud.
In a court filing Thursday, Judge Colleen McMahon rejected the former WFAN co-host’s request to submit documents ex parte, or with the judge alone, because he feared they would reveal too much of his defense strategy.
That argument “does not hold water” because Carton’s defense — that he ran a legitimate ticket business and was duped by business associate Joe Meli — is already known, the judge said.
To prove it, she attached to her ruling an August Post story quoting Carton talking about his innocence as recently as last week.
“I’m not pleading to anything because I firmly believe that when the facts come out, you’ll see I was running a legitimate, legal business,” he said.
The documents that Carton asked to file with the judge, but not the feds, were requests for subpoenas that were made public on Thursday.
The filings suggest that Carton’s lawyer, Robert Gottlieb, will seek to argue at the Oct. 29 trial that the former “Boomer and Carton” radio personality was a professional gambler who placed bets at casinos around the world on behalf of investors — not someone who used investor money to pay off his own gambling debts, as the feds have charged.
“In some instances, Mr. Carton gambled on behalf of others, persons who invested large sums of money with him based on his gambling prowess,” Carton’s lawyers said in explaining certain requests for subpoenas.
The feds say Carton, together with his co-defendant Michael Wright, convinced a hedge fund to invest millions in ticket purchases only to use the money to repay other investors in a Ponzi-like scheme, to pay off casinos and to cover Carton’s gambling debts.
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