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Aaron Mostofsky, the 34-year-old son of a state Supreme Court judge, appeared remotely for the proceedings in Federal Court in Brooklyn. US prosecutors in Washington, DC, charged him with criminal theft of government property.
He is also accused of knowingly entering or remaining in a building or restricted land without legal authorization, knowingly – with intent to interfere with government activities or official duties – of having engaged in disorderly conduct on the grounds of from the Capitol, illegal entry and disorderly conduct.
He was not invited to plead during his initial appearance and was granted $ 100,000 bail by US investigating judge Sanket Bulsara.
Mostofsky’s father is Judge Steven “Shlomo” Mostofsky of the Kings County Supreme Court. A representative for the judge declined to comment on the charges.
Defense lawyer Jeffrey Schwartz said Mostofsky was not a rioter.
“I believe the evidence will show that he was not part of the crowd, that he was not going wild,” Schwartz said at the hearing.
The judge approved a joint package that allows Mostofsky’s release and limits his trip to New York, prohibits him from communicating with co-defendants or co-conspirators in the case, and prohibits him from attending political rallies or enter the state capitals.
“These are of particular importance given what is already widely reported, such as the expected potential for social gatherings and the violence and threats associated with them,” Deputy U.S. Attorney Josh Hafetz said during the hearing. “It is important that Mr. Mostofsky does not engage in the behavior he engaged in last week.”
Schwartz said his client would have nothing to do with the protest demonstrations.
“He understands how all of this in Washington got totally out of hand,” Schwartz said. He will stay away from Washington, from any political gathering. “
Schwartz said Mostofsky’s only interest now is to deal with these accusations and get a “just” resolution.
The New York FBI tweeted a warning on Tuesday to those considering breaking federal law.
“For those in this area who are considering participating in future activities similar to Mr. Mostofsky’s alleged behavior, let me be clear: the FBI will find you, arrest you, and do our part to ensure that you are faced with all the strength of the federal criminal justice system, ”said deputy director in charge William F. Sweeney Jr. in a statement.
Sweeney also thanked members of the community who provided information and advice related to the attack on Capitol Hill, adding, “We are stronger when we are united.”
The complaint cites a video interview with Capitol
The criminal complaint cites a video interview Mostofsky gave to the New York Post while inside the Capitol building six days ago, where he says he believed “the election was stolen” and that he had traveled from his home in Brooklyn to Washington, DC.
The complaint shared an image from the interview, allegedly showing Mostofsky wearing a Capitol Police vest and a United States Capitol Police riot shield, which he told the interviewer he had found on the floor.
The complaint states that authorities issued a search warrant to access Mostofsky’s now unavailable Instagram account four days ago, where investigators found additional messages regarding Mostofsky’s presence on Capitol Hill during the riot.
According to the complaint, an Instagram message sent to Mostofsky read: “Your famous (sic),” to which he allegedly replied. “IK (I know) unfortunately.”
“But it was like I was here now how did I get there,” Mostofsky reportedly said in a response to the unidentified person.
Another message discovered by investigators purportedly from Mostofsky said he was on a bus just after 6 a.m. last Wednesday heading to Washington, DC, and tried to coordinate his meeting with a friend, asking him to “look for a guy who looks like a cave man,” according to the complaint.
Brother agrees to take care of him
Mostofsky’s older brother, Neil Mostofsky, has agreed to be a third party guardian to ensure his brother attends court hearings and respects the terms of his release during the hearing. The elder Mostofsky described himself as part of an organization that “educates members of Congress” but is currently “financially defunct” due to the pandemic, and said his family was “extremely close”.
Mostofsky could face up to 10 years in prison if convicted on the highest charge, according to federal prosecutors.
He is scheduled to appear in a video hearing in the District of Columbia on January 25.
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